Findings - CC - 2007 - A-12-06/RZ-14-06/PP-15-06 - The Lofts At Eagle River/8 Lot/214 Multi-Family Condo/25.37 Acre/827 E. Riv
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FORAN ANNEXATION, REZONE WITH )
DEVELOPMENT AGREEMENT, AND )
PRELIMINARY PLAT FOR THE LOFTS )
AT EAGLE RIVER FOR SEA 2 SEA, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-12-061RZ-14-06 & PP-15-06
The above-entitled Annexation, Rezone with development agreement, and Preliminary Plat applications
came before the Eagle City Council for their action on October 24, 2006. The Council continued the itern
to November 14,2006 and November 21,2006, at which time testimony was taken and the public hearing
was continued to December 12, 2006, hearing at which time testimony was taken and the public hearing
was continued to January 16, 2007, at which time testimony was taken and the public hearing was closed.
The Council made their decision at that time. 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:
Sea 2 Sea, LLC, represented by Mark Butler with Land Consultants, Inc., is requesting
approval of an annexation and a rezone from RUT (Rural Urban Transition) to MU-DA
(Mixed Use with a Development Agreement), and preliminary plat approval for The Lofts
at Eagle River, an 8 lot (7-residential, I-common), 214-unit multi-family
condominium/townhouse housing development. The 25.37-acre site is located on the
south side of East Riverside Drive approximately 1500 feet west ofthe intersection of East
Riverside Drive and State Highway 44 at 827 East Riverside Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, Wednesday, April 5, 2006, on site in
compliance with the application submittal requirement of Eagle City Code. The
application for the Annexation and Rezone applications were received by the City of
Eagle on May 4, 2006. The application for the Preliminary Plat was received by the City
on May 18, 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 Code on June 19,2006. 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 June 14, 2006. The site was posted in accordance with the Eagle City Code on
June 21, 2006. Requests for agencies' reviews were transmitted on May 19, 2006, in
accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on October 2, 2006. Notice of this public hearing was mailed to property owners
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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 October 2,
2006. The site was posted in accordance with the Eagle City Code on October 30, 2006.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: NIA
E. COMPANION APPLICATIONS:
CU-05-06 - Conditional Use Permit application for a height exception of 45 feet, 3 inches
for condominiums to be located within the development.
DR-57-06 - Common Area Landscaping, Clubhouse, Residential Townhouse and
Condominiurns for The Lofts at Eagle River
DR-58-06 - Three Monument Signs for The Lofts at Eagle River
F. COMPREHENSNE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use and Floodway RUT (Rural Urban Residence and vacant land
Transitional-Ada County
designation)
Proposed No Change MU-DA (Mixed Use with Residential (town homes
Development Agreernent) and condorniniums).
North of site Mixed Use MU-DA (Mixed Use with Idaho Athletic ClublEagle
Development Agreement) River Development
South of site FloodwaylResidential R-2 (Residential-up to two North Channel of the Boise
Two units per acre). RiverfHidden Island
Subdivision
East of site Mixed Use RUT (Rural Urban Lonesome Dove Ranch
Transitional-Ada County
designation)
West of site Mixed Use MU-DA (Mixed Use with Merrill Park and Vacant
Development Agreement) Land (Terrazza
Development)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: 25.37 +1- acres
Total Number of Lots - 8
Residential - 7
Commercial - 0
Industrial - 0
Common - 1
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Total Number of Units - 200
Multi-farnily - 21
Condominiums - 8
Townhouses - 21
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 13.38-units per acre 12.32-units per acre
Minimum Lot Size 1.32 acres 7,000-square feet
Minimum Lot Width 265-feet 75-feet
Minimum Street Frontage 200-feet 35-feet
Total Acreage of Common Area *12.28 acres (including the 2.54-acres (minimum)
floodway)
(Lot 5, Block 1)
Percent of Site as Common Area *48.40 % 15% (minimum) (multi-family
developments)
* Note-All residential units will be platted as condominium units; therefore the area outside of the
walls of the residential units will be common area excluding the drive aisles and road right-of-
way.
F. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See justification letter, (attached within the staff report) dated May 3, 2006 provided by
the applicant's representative.
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant is requesting a developrnent agreement to meet the intent of the Eagle
Comprehensive Plan, specifically the mixed use development section, and to ensure that
the property is developed in a manner that protects the public interest and assures a
development that meets the vision for this area as anticipated by the City of Eagle.
K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The site currently has a landscaped berm and ten foot (10') wide pathway adjacent to
Riverside Drive which was constructed as part of the Eagle River development.
Open Space and Design:
The proposed development includes a total of 12.28 acres (inclusive of the floodway)
(48.40%) of common area. The applicant is platting the property to allow for phasing of
the development. The condominium/townhouses will be platted as a condominium plat,
therefore all areas outside of the residential units excluding the roads and driveways will
be common areas within the development. The concept plan and preliminary plat shows a
greenbelt pathway and pathways within the development providing access from Riverside
Drive to the greenbelt pathway on the east and west boundaries of the development.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
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drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than twelve feet
(12') wide.
Fire Hydrants and Water Mains:
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 (yes or no) - yes
The existing home which is designated to be converted to a clubhouse is currently being
served by a septic system. The septic system will be required to be abandon and the
clubhouse hooked up to municipal water and sewer prior to the issuance of a building
permit.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision. The Boise River and the Ballantyne Ditch are located within the
southern portion of this site and mature trees are located throughout the site. Removal of
mature trees will occur as regulated by the conditions of approval herein.
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.
L. STREET DESIGN:
Public Streets:
The detailed drawing on the preliminary plat shows Avenue "A", as a fifty foot (50') wide
right-of-way street section with a thirty-three foot (33') wide travelway, which provides
access frorn Riverside Drive and continues easterly through the site to the eastern
boundary. The street is proposed to be stubbed to the proposed Lonesome Dove
development to the east. The street section also shows a six foot (6') wide planter strip
with a five foot (5') wide detached sidewalk.
Drive Aisles:
The concept plan and preliminary plat show the condominium/townhouses to be provided
access by drive aisles connected to the interior public street. The drive aisles are shown to
be twenty-four feet (26') in width. There is also a drive aisle shown that connects
Riverside Drive with Avenue "A".
Sidewalks:
A detached 5-foot wide sidewalk that is partially located outside of the right-of-way is
located on both sides of the public road. There are no sidewalks shown on either side of
the drive aisles providing access to the condominium/townhouse units. The preliminary
plat also shows a 4-foot attached sidewalk located on one side ofthe drive aisles.
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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 subrnittal of the final plat. Any rnodifications made to the lights
shall be completed before the final plat approval.
Street Names:
Street name approval by the Ada County Street Name Committee is required prior to the
submittal of a Final Plat. Any rnodifications of street names shall be completed before
final plat approval.
M. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways/Pathways:
The prelirninary plat shows a greenbelt pathway easement and pathway adjacent to the
southern boundary of the property. The preliminary plat also shows a portion of the site
having a pathway located adjacent to the levee, and accessory pathways within the
floodway area. The preliminary plat also shows pathways providing access from Riverside
Drive and Avenue "A" providing access to the greenbelt pathway. The primary east/west
public greenbelt along the Boise River (levee) is proposed to be ten feet (10') in width.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council. The detailed street section does not show a bike lane on the interior
roads.
N. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Lyrm Moser with Eagle Sewer District stated in correspondence that it will be necessary
for the applicant to petition to annex the subject property into the sewer district for sewage
disposal prior to development of the site. Idaho Department of Environmental Quality
provided correspondence dated May 11, 2006, states if Eagle Water Company is the water
provider that due to source deficiencies DEQ cannot approve additional projects at this
time.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
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, throughout the site
Riparian Vegetation - yes, in proximity to the Boise River
Steep Slopes - Yes, existing levee
Stream/Creek: Yes, Ballantyne Ditch
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - Yes, Boise River
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Q. NON-CONFORMING USES: None are apparent on the site.
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments which appear to be of special concern are noted below:
City Engineer: All comments within the Engineer's letters dated June 19, 2006, are of special
concern (attached within the staff report).
Ada County Highway District
Boise River Flood Control District No.1 0
Central District Health
Chevron Pipeline
Eagle Fire Department (2)
Eagle Sewer District
Idaho Department of Environmental Quality
Idaho Power Company
Joint School District No.2
S. LETTERS FROM THE PUBLIC:
The Parks and Pathway Development Committee provided recommendations regarding
the public pathways to be constructed within the development (see Park and Pathway
Development Committee Recommendations attached to the staff report).
Chuck Carlise with Eagle River stated in correspondence, date starnped by the City on
June 26, 2006 (letter attached to the staff report), that Eagle River has the following
concerns regarding the impact the development will have: 1) the impact on the intersection
of Riverside Drive and State Highway 44,2) the increase in height over the thirty-five foot
(35') height limit for the proposed condominiums and townhouses, 3) the parking seems
to be inadequate for the number of residential units, and 4) the density for the project
seems intense for the City of Eagle. Mr. Carlise also requested that the City stipulate as a
condition of approval that the applicant should pay for their share of the road
improvements for a new road linking Riverside Drive with State Highway 44.
T. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant has indicated in conversation that they plan on constructing this
development in phases. The narrative provided by the applicant or the preliminary plat
date stamped by the City on May 18, 2006, do not indicate a phasing plan. Should the
applicant plan on phasing the development they should provide a phasing plan prior to
submitting an application for final plat.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates
this site as:
Mixed Use
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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.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal
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
remain open space because of the nature of the floodway which can pose significant hazards
during a flood event. Also, the floodway areas shall not be considered as a part of the
minirnurn area of open space required (as required within the zoning ordinance) unless
developed as noted within this paragraph. Floodway areas shall be excluded from being 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 minirnurn open space required for a development.
When discrepancies exist between the floodway 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 floodway boundary.
When new floodway boundaries are approved by FEMA and/or the City, the floodway area on
the Comprehensive Plan Land Use Map should be revised to reflect any new floodway 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 14, 2004
Chapter I
Overview
1.1
The purpose of the Eagle Comprehensive Plan is to promote the health, safety,
and general welfare ofthe 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 ofland is commensurate with the physical
characteristics of the land.
h. To protect life and property in areas subject to natural hazards and disasters.
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1. To protect fish, wildlife, and recreation resources.
Chapter 4 - Schools, Public Services And Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special districts
provide the basic services of water, sewer, school, police, fire and library to
residents. With Eagle's growing population comes the need for increased public
services and the necessity to improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded
plays an important role in the location and intensity of future housing, commercial
and industrial development. Since the City of Eagle depends on outside providers,
it must be involved in any plans that will effect the community. Service providers
currently include:
. The Eagle Sewer District provides sewer service within a designated sewer
service area. Larger lot homes have wells and septic systems and must
comply with Central District Health Department requirements.
· The Meridian and Boise School Districts provide K-12 education.
. United Water, Eagle Water Company, and the City provide water to Eagle
residents. Some private water systems and wells are also used.
. The Eagle Fire District provides fire and emergency services.
· Private canal companies and drainage districts provide irrigation water and
drainage water management.
4.2.5 Domestic Water Existing and Future Conditions
Eagle Water Company, United Water Idaho (UWID) and the City of Eagle are the
major domestic water providers. Some residential subdivisions have their own
water systems and individual wells are used in some areas of the City.
4.2.7 Other Services and Utilities
Pressure Irrigation
The City of Eagle currently requires the installation of pressurized irrigation
systems for the irrigation oflandscaping when new development is within an
irrigation district and water rights are available.
4.5 Implementation Strategies
g. Encourage foothills and riverside development to provide emergency access
points.
Chapter 6 - Land Use
6.7 Implementation Strategies
a. Preserve the natural features and resources of Eagle.
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Chapter 7
7.5
k. Protect gravity flow irrigation systerns including canals, laterals and ditches to
assure continued delivery of irrigation water to all land serviced by such
systems, to protect irrigation systems as a long range economical method for
water delivery and to coordinate surface water drainage to be compatible with
irrigation systems.
p. Support City of Eagle flood and storm drainage regulations to achieve
protection of property rights, environmental protection and flood damage
reduction for community residents.
Natural Resources And Hazard Areas
Water Resources
Surface Water:
The Boise River carries water for irrigation and provides fishing, water-fowl
hunting (not permitted in city limits), and recreation.
The Eagle planning area is crossed by eight irrigation systems: the Farmers Union
Canal, New Dry Creek Canal, New Union Ditch, Breshears Lateral, Ballantyne
Canal, the Mason Catline Canal, Capital View Canal and the Boise Valley Canal.
7.7 Wildlife
An important part of the City and Impact Area is within the Boise River and Dry
Creek floodplains. This area contains important natural resources including
wildlife, fish, water and deer.
7.8 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: (1) the floodway which is the most severe
area of flooding 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 flooding.
A natural state, such as a greenbelt, a wildlife 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 generalized area only on the Land Use Map. The
Federal Emergency Management Administration (FEMA) rnaps show specifically
where the floodwayand floodplain boundaries are located. (Also, see Eagle City
Code for definitions of terms relating to the floodplain areas.)
7.9 Goal
Chapter 8
Special concern and attention should be given to the preservation of fish, wildlife,
water resources, air quality, agriculture, open space and recreation-nature areas
when implementing planning and zoning decisions.
Transportation
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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 developrnent. 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
effectively serve the residents of the City, the business community and the
traveling public.
8.2.5 Residential Collectors
Mobility Function:
The primary function of a residential collector street is to intercept traffic from
local streets and minor numbers of abutting parcels and carry the traffic to a
collector or arterial street. A secondary function is to service abutting property.
The ACHD allowed length and number of vehicle trips per day on residential
collectors is less than collectors. The residential collector street may serve
motorized and non-motorized transportation needs, and be designed with the
minimurn street section to accommodate the projected vehicle volume.
Access Function:
To provide limited and controlled access to residential neighborhoods.
Right-of-Way
As shall be determined by the Highway District having jurisdiction with
recommendations by the City seriously considered by the Highway District.
8.3.0 City of Eagle Functional Pathway Classifications
8.3.1 Paths
Function:
To provide for recreation and alternative transportation; important to provide safe
continuous thoroughfares with minimal cross flow of vehicular traffic.
Location:
Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be
located along roadway right-of-ways and would usually be separated from vehicle
travel lanes and the paved section of the roadway by a median or sidewalk.
8.3.2 Bike Lanes
Function:
Primarily used as a lane for bicycles and other non-motorized uses.
Location:
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Bike Lanes usually exist on the same pavement surface as motorized lanes.
Arterials and collectors should be provided with bike lanes on each side of the
roadway.
8.4 Goal
Plan a transportation system to serve the planned land use of the City of Eagle and
its Area of Impact.
8.5 Objective
Encourage alternative transportation forms such as walking and biking.
8.6 Implementation Strategies
Chapter 9
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 TransportationlPathway
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 frorn 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 systerns 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 oflocal 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.
Parks, Recreation And Open Spaces
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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 systern 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.
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 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.
I. Provide public information on safety, current location, nearest public facility
location, and emergency telephone system along greenbelts and pathway
systems (Le., milepost markers).
9.6 Open Space
Open space is land which is not used for buildings or structures and offers
opportunities for parks, recreation, water amenities, greenbelts, river trails and
pathways, tourism, leisure activities, viewpoints, and wildlife habitat.
9.6.1 Goal
To provide wherever possible open space and natural features such as natural river
frontage, greenbelts, river trails and pathways, creeks, flood plains and flood
ways, drainage ways and canals, development buffers, wooded areas, grasslands,
foothills, and viewpoints for public use and enjoyment.
9.6.2 Objectives
a. To establish open space to protect the finite resource base of Eagle's natural
environment - air, ground water, surface water, soil, forested areas, plant and
wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and
wetlands.
c. To protect against hazards that are inherent to flood plains, flood ways, steep
slopes, and areas of geological instability.
d. To protect the natural lay of the land (e.g., minimize land disturbance).
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Chapter 11
e. To protect such unique environmental areas as historical, geological, and
archaeological sites and monuments, natural areas, and wildlife habitat.
f. To protect important views, vistas, and panorarnas of the community's natural
setting and environment.
Special Areas and Sites
11.1
Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or
sites should be analyzed according to their defined function. Whenever possible,
these sites should be preserved and conserved as open spaces or for educational
and cultural centers. Development of Special Areas or Sites should take place in
manner that reflects harmony with their natural environrnent 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 including steep
hillside terrain, rock outcroppings and foothill gulches.
11.2 Recognized Special Areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological
and scenic significance. The area comprises the two channels of the Boise River
and intervening and immediately adjacent areas as generally depicted on the
Comprehensive Plan Land Use Map.
Drainages and Canals
Special natural and manrnade features of Eagle are the drainages and canals. The
main purpose of the canals and drainage ditches is that of distributing and moving
water.
11.3 Goal
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To promote the conservation and efficient managernent of all Special Area and
Sites.
11.4 Implementation and Strategies
a. Protect and improve natural and man-rnade waterways.
g. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
h. Encourage the preservation of habitat areas which provide for fish and
wildlife.
\. 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 development impacting a designated Special Area or
Site.
Community Design
Chapter 12
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 Irnplementation Strategies
n. Establish and rnaintain 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.
c. The floodway shall be reserved as a natural state such as a greenbelt, wildlife
habitat, and open space recreational area and for agricultural uses.
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 Irnpact Area and outside the City limits shall be encouraged
to comply with the Design Review Ordinance.
g. New residential, commercial, and industrial development shall be required to
rneet 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.
I. 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.
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).
12.5 Eagle Tree Plan
12.S.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 rnodifying the local climate,
increase property values, and improve Eagle's economy by providing a
pleasant and more comfortable place to shop and live.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code, Section 8-1-2 defines Dwelling, Two-Family as:
A dwelling, consisting of two (2) dwelling units which may be either attached side by side
or one above the other.
· Eagle City Code, Section 8-1-2 defines Dwelling, Multi-Family as:
A dwelling consisting of three (3) or more dwelling units including townhouses and
condominiums with varying arrangements of entrances and party walls. Multi-family
housing may include public housing.
· 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
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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,
. Eagle City Code, Section 8-2-3 Schedule of District Use Regulations:
Multi-family dwellings are allowed by Conditional Use within the MU (Mixed Use)
zoning designation.
· Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for the
MU (Mixed Use) zone:
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-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
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.
The following are specifically excluded from the requirements 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 of a maximum of two (2) dwelling units.
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
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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 prornotes
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".
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.
8-2A-7 (C): Landscaped and Buffer Area Requirements:
Existing Vegetation:
1. Retention Of Existing Trees: Existing trees shall be retained unless removal is
approved in writing by the city. Where trees are approved by the city to be
removed from the project site (or from abutting right of way) replacement
with an acceptable species is required as follows:
Existing Tree Replacement
I inch to 6 inches caliper 2x caliper of tree rernoved
6 1/4 inches to 12 inches 1.5x caliper of tree removed
12 1/4 inches or more Ix caliper of tree removed
In all cases, planting within public rights of way shall be with approval from
the public and/or private entities owning the property.
Exarnple: An eight inch (8") caliper tree is rernoved, an acceptable
replacernent would be three (3) 4-inch caliper trees or four (4) 3-inch caliper
trees.
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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 1 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 equal
to the diarneter 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 minimurn required landscaping.
· Eagle City Code, Section 8-4-5 Schedule of Parking Requirements:
For the purpose of this title, the following space requirements shall apply:
RESIDENTIAL
Apartments or
multi-family
dwellings
For each unit with 2 or rnore bedrooms - 2 including I
covered; for each I bedroom or studio unit - 1.5 including 1
covered. 0.25 spaces per unit shall be provided for guest
parking. Adjacent on street parking spaces on a local street
may be credited toward the guest parking requirement
· Eagle City Code, Chapter 6 Planned Unit Developments:
8-6-1 : Purpose:
It shall be the policy to guide a major development of land and construction by
encouraging planned unit development (PUD) to achieve the following:
A. A maximum choice of living environrnents by allowing a variety of housing
and building types and permitting an increased density per acre and a
reduction in lot dimensions, yards, building setbacks and area requirements;
C. A development pattern which preserves and utilizes natural topography and
geologic features, scenic vistas, trees and other vegetation and prevents the
disruption of natural drainage patterns;
8-6-5-2: Common Open Space:
A. Required Common Open Space: A minimum often percent (10%) of the
gross land area developed in any residential PUD project shall be reserved for
common open space and recreational facilities for the residents or users of the
area being developed.
B. Dedication Of Land For Public Use: A required amount of common open
space land reserved under a PUD shall either be held in corporate ownership
by owners of the project area for the use of each owner who buys property
within the development or be dedicated to the public and retained as common
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open space for parks, recreation and related uses. Public utility and similar
easements and right of way for watercourses and other sirnilar channels are
not acceptable for common open space dedication unless such land or right of
way is usable as a trail or other sirnilar purpose and approved by the council.
C. Maintenance: The responsibility for the maintenance of all open spaces shall
be specified by the developer before approval of the final development plan.
· Eagle City Code, Section 8-7-3-3 Public Sites and Open Spaces:
B. Natural Features: Existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be
preserved in the design of the development.
C. Special Developments: In the case of planned unit developments and large
scale developments, the council may require sufficient park or open space
facilities of acceptable size, location and site characteristics that may be
suitable for the proposed development.
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 floodway fringe, 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 (1 ').
· Eagle City Code, Section 9-1-6 defines Private Street as:
A right of way which provides access to adjacent properties under separate ownership and
which is not dedicated to or officially accepted by a public entity, but not including a
driveway as defined in subsection 9-3-2-1(J) of this title.
· Eagle City Code, Section 9-1-6 defines Street as:
A right of way which provides access to adjacent properties, the dedication of which has
been officially accepted. The term "street" also includes the terms highway, thoroughfare,
parkway, road, avenue, boulevard, lane, place and other such terms.
· Eagle City Code, 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,
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however, that any higher standards adopted by any highway district, the Idaho
transportation department or health agency shall prevail over those set forth herein.
. Eagle City Code, Section 9-3-2 Streets and Alleys:
9-3-2-1: 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.
1. Driveways: Driveways providing access to no more than two (2) dwelling units
shall be allowed within any subdivision.
9-3-2-5: Private Streets:
From the effective date hereof, private streets shall not be permitted. It is not the intent
of this code to preclude the development of alternate public street designs and right of
way widths as may be approved by the highway district having jurisdiction and the
city of Eagle.
· Eagle City Code, Section 9-3-6 Easements (A & C):
A. Unobstructed utility easements shall be provided along front lot lines, rear lot
lines and side lot lines when deerned necessary. Total easement width shall not be
less than twelve feet (12').
C. All natural drainage courses shall be left undisturbed or be improved in a manner
which will improve the hydraulics and ease of maintenance of the channel.
· Eagle City Code, Section 9-3-7 Planting Strips and Reserve Streets:
A. Planting Strips/Buffer Areas: Planting stripslbuffer 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 stripslbuffer areas shall be a
minirnum of twenty feet (20') wide unless a greater width is required within
section 8-2A-7 of this code. The landscape striplbuffer area shall not be a part of
the normal street right of way and shall comply with all landscapelbuffer area
requirements within section 8-2A-7 of this code.
· Eagle City Code, Section 9-3-8 Public Sites and Open Spaces:
Public sites and open spaces shall conform to the following standards:
B. Natural Features: Existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees,
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watercourses, historic 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, Section 9-4-1 Improvements Required:
Every subdivider shall be required to install the following public and other improvements
in accordance with the following conditions and specifications.
9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonrnotorized 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, cornpliance 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.
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.
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.
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 line or at the building setback line, is over one hundred feet
(100'), sidewalks on only one side of the street may be allowed.
9-4-1-7: Bicycle Pathways:
A bicycle pathway shall be provided within all subdivisions as part of the public right
of way or separate easement, as may be specified by the city council.
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9-4-1-8: Underground Utilities:
Underground utilities are required.
9-4-1-9: Water Supply and Sewer Systems:
B. Approval Of Plans: All water and sewer plans shall be submitted to the Idaho
department of health and welfare or its authorized agent for approval in
accordance with the provisions of section 50-1326, Idaho Code.
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 rights of way shall be required
in all subdivisions. The requirements for each particular subdivision shall be
established 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.
9-4-1-11: Fire Hydrants and Water Mains:
Adequate fire protection shall be required in accordance with the appropriate fire
district standards.
9-4-1-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be
required for the protection of residential properties from streets classified as collectors,
arterials, freeways/expressways, waterways, railroad rights of way or other features.
Subdivision plats shall show the location of all buffer areas.
· Eagle City Code, Section 9-5-1 Purpose and Summary of Provisions:
The purpose of this chapter is to identify various types of developrnents that normally
pose special concerns to the elected officials when reviewing and acting upon
subdivision requests. This chapter outlines the plan submittal requirements and design
standards that shall be taken into consideration when acting on special developments.
· Eagle City Code, Section 9-5-2, Supplementary Provisions:
The provisions of this chapter are in addition to the plan requirernents, design
standards and improvement standards that are required by chapters 2, 3, and 4 of this
title.
· Eagle City Code, Section 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 condominiurn
developrnents 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.
9-5-4-2 Site Development Plan:
The developer shall provide a colored rendering to adequate scale to show the
completed development that will include at least the following:
A. Architectural style and building design;
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B. Building materials and color;
C. Landscaping;
D. Screening;
E. Garbage areas;
F. Parking; and
G. Open space.
9-5-4-3 Site and Structure Requirements:
C. Storage Areas: Storage areas shall be provided for the anticipated needs of boats,
campers and trailers. For typical residential development, one adequate space shall
be provided for every two (2) living units. This may be reduced by the city council
if there is a showing that the needs of a particular development are less.
D. Parking Spaces: One additional parking space beyond that which is required by
title 8 (zoning) of this code may be required for every three (3) dwelling units to
accommodate visitor parking.
E. Maintenance Building: A maintenance building shall be provided of such size and
in such location as is suitable for the service needs that are necessary for the repair
and maintenance of all common areas.
F. Open Space: The location of open space shall be appropriate to the development
and shall be of such shape and area to be usable and convenient to the residents of
the development.
· Eagle City Code, Section 9-5-7 Subdivision Within a Flood Plain:
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.
· Eagle City Code, Section 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 critical concern by the city council or by the state of
Idaho. Special consideration shall be given to any proposed development within
an area of critical concern to assure that the development is necessary and
desirable and in the public interest in view of the existing unique conditions.
Hazardous or unique areas that rnay be designated as areas of critical concern are
as follows:
2. Unstable soils;
3. Unique animal life;
4. Unique plant life;
5. Scenic areas;
7. Flood plain;
9. Areas within the area of city impact but outside city boundaries; and
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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
developrnent 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?
2. What corrective action or alternative development plans could occur so as not
to significantly change the area of environmental concern?
3. What changes in the area of environmental concern are unavoidable?
4. What beneficial or detrimental effect would the developrnent 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 plain and certain intervening
and immediately adjacent areas are designated as areas of critical concern due
to their ecological and scenic significance. 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 11, 1993, as a "Special Area", including
that portion in the Eagle impact area.
D. DISCUSSION:
· The 2000 Comprehensive Plan designates this site as Mixed Use and Floodway on the
Future Land Use Map. The lands to the west (Eagle River Development and Reid Merrill
Park) and north are zoned and are being developed under the MU (Mixed Use) zone. The
residential subdivision to the south (Nestled Island) will be buffered by the river from the
proposed development; therefore staff believes that a MU (Mixed Use) zoning
classification for this site is appropriate.
· The applicant has provided an existing tree map date stamped by the City on August 30,
2006, for the site showing location, trunk size, and canopy diameter in relation to the
proposed dwelling units, drive aisles, and public street. The map shows an extensive
amount of trees to be located in the area where a number of the proposed dwelling units,
drive aisles and the public street are to be located. The applicant is proposing to remove
the existing trees in proximity of the proposed dwelling units to allow for the placement of
fill to bring the pad sites for the dwellings above the base flood elevation (BFE). 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
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Forester prior to the City Clerk signing the final plat.
. The applicant is proposing multi-family dwellings utilizing a condominium/townhouse
style of development. The Concept Plan for the development shows a total oftwenty-eight
(28) buildings, housing (214) dwelling units and a club house. The proposed development
shows a proposed density of 13.78 dwelling units per acre, excluding the portion of the
property within the floodway. The 2000 Comprehensive Plan states that Floodway areas
shall be excluded from being used for calculating permitted residential densities.
Multi-family dwellings require a Conditional Use Permit within the MU (Mixed Use)
zoning designation. Developments 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
developrnent agreement process in accordance with chapter 6 or 10 of Eagle City Code.
The applicant is proposing a development agreement in lieu of a Planned Unit
Development (PUD) for this development; therefore the findings and conditions usually
found within a Conditional Use Permit will be placed within the rezone findings and
associated development agreement.
· The applicant is proposing a preliminary plat to allow for the dedication of right-of-way
and allow for phasing of the development. Upon approval and recordation of a final plat
the developer will construct condominiurns and townhouses which will be recorded as
condominiums at completion. All area outside of the platted condominium units will be
common area to be owned and maintained by one homeowner's association; therefore the
interior lot lines of the subdivision plat will not serve as property lines for separate
ownership by individual owners. Since all area outside of condominium walls will be
owned by the homeowner's association the placement of the buildings should be
determined by their location in relation to other buildings, drive aisles, public streets, and
subdivision boundary lines, not by the location of a lot line on the plat.
· The preliminary plat date stamped by the City on September 1, 2006, shows the
condominium/townhouses utilizing reduced setbacks from the standard setbacks allowed
within a Mixed Use (MU) zone. The applicant is requesting the following reduced
setbacks with no additional side setback for the multi-story structures:
Setbacks from: Riverside Drive and Avenue "A"
External Lot Lines
Internal Lot Line
12 feet
20 feet
7.5 feet (with no additional
setback for multi-story)
The condominiums/townhouse units are shown on the Concept Plan and the preliminary
plat as being spaced approximately twenty-five feet (25') apart. The Concept Plan date
stamped by the City on May 4, 2006, shows the townhouses having a twenty foot (20')
setback. The townhouses show driveways having direct access to the drive aisles. The
condominiums are shown in closer proximity to the drive aisles. The condominium
underground parking gains access from a driveway which is connected to the drive aisle,
therefore vehicles taken access from the condominiums will not be backing onto the drive
aisles. Staff recommends the following setbacks:
Riverside Drive and Avenue "A"
External Lot Lines (subdivision boundary)
15 feet
20 feet
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Structures (between buildings)
Condominiums (drive aisle)
Townhouse (drive aisle)
25 feet
10 feet
19 feet (to garage)
(measured from back of
sidewalk)
· The site lies within the Boise River floodway and floodplain as delineated on the FEMA,
Flood Insurance Rate Maps (Panel nurnbers 154 & 162) map revision dated February 19,
2003. The applicant is proposing to remove the site frorn the floodplain via a Letter of
Map Revision (LOMR) through Ada County. The applicant should be required to provide
documentation from The Army Corps of Engineers approving any proposed LOMRs or
should be required to comply with the City of Eagle's floodplain development ordinance
prior to approval of the preliminary plat.
Due to the location of the Boise River, 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 requirement of a 404-Permit prior to
submitting application for final plat approval.
· The preliminary play date stamped by the City on September 1,2006, shows Avenue "A"
to be constructed in four (4) phases. The applicant should provide a revised preliminary
plat showing Avenue "A" to be constructed in two (2) phases. The phasing line for the
two (2) phases of Avenue "A" shall be the north south line between Phase 3 and Phase 5.
Phase 1 of the Avenue "A" should be constructed with Phase 1 of the development, Phase
2 of Avenue "A" shall be constructed prior to issuing building permits for the residential
units in Phase 4.
· The preliminary plat date stamped by the City on Septernber I, 2006, shows a fifty foot
(50') wide street section with six foot (6') wide planter strips and no bike lanes. The
applicant should provide a revised preliminary plat showing a street cross section with the
planter strips to be eight feet (8 ') in width and bike lanes on each side of the road prior to
submitting an application for a final plat.
· The 2000 Eagle City Comprehensive Plan TransportationlPathway Network Map #1 of 2
shows a pathway adjacent to the north side of the North Channel of the Boise River. The
site currently has a greenway easement and natural pathway adjacent to the Boise River.
The Concept Plan date stamped by the City on May 4, 2006, shows pathway connections
to the greenbelt located adjacent to the east and west boundaries of the development.
There is also a pathway for use by the residents of the development to the open space area
within the floodway approximately 350' east of the western property line. The applicant
should rneet with the City's Park and Pathway Development Committee prior to
submitting an application for Design Review approval to determine the location of an
additional improved greenbelt pathway which should be located in proximity to the
existing levee south of the floodway line. A condition should be placed in the
development agreement to provide for a connection from Riverside Drive through the
development for access to the greenbelt pathway system.
· The Concept Plan date stamped by the City on May 4, 2006, and the preliminary plat date
stamped by the City on September I, 2006, show private drive aisles providing access
from Avenue "A" to the condominium and townhouses for parking and guest parking. If
drive aisles are approved for providing access to the condominiums and townhouses the
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applicant should provide a maintenance and operation manual for the drive aisles
including a financing plan, to be submitted with the final plat application.
· The Concept Plan date stamped by the City on May 4, 2006, and the preliminary plat date
stamped by the City on September 1,2006, shows a four foot (4') wide attached sidewalk
on one side of the drive aisles. A revised concept plan and preliminary plat should be
provided showing sidewalks and/or pathways adjacent to both sides of the drive aisles
providing access to the units to provide pedestrian connectivity between the residential
units prior to submitting an application for final plat.
· The Concept Plan date stamped by the City on May 4, 2006, and the preliminary plat date
stamped by the City on September I, 2006, shows a drive aisle providing connectivity
between Avenue "A" and Riverside Drive. Due to the drive aisle providing connection to
two public streets the applicant should be required to use this as a ternporary vehicle
access until the completion of Avenue "A" as shown on the preliminary plat. Upon
completion of construction of Avenue "A" the applicant should eliminate the ternporary
vehicle access on the eastern boundary of the development and convert the access to a
pedestrian pathway providing access to the greenbelt pathway prior to the City Clerk
signing the final plat for the final phase of the development.
· The preliminary plat date stamped by the City on September 1, 2006, shows the main
pressurized irrigation line outside of an easement on several lots. The applicant should
provide a revised preliminary plat showing the main pressurized irrigation line to be
located within an easement prior to submitting an application for final plat approval.
· Eagle City Code Section 8-2A requires commercial, retail and attached housing (multi-
family housing exceeding two units) comply with the design criteria as set forth in the
Eagle Architecture and Site Design Book. The applicant should submit all building
elevations of the condominiums and townhomes to be approved by the Design Review
Board and the Eagle City Council prior submitting a final plat application.
· Per the Department of Environmental Quality (Boise Regional Office) letter dated
September 7, 2005, sent to Eagle Water Company and forwarded to the City of Eagle, due
to water quantity and pressure concerns the DEQ will not approve additional projects that
receive potable service water from the Eagle Water Company. The applicant needs to
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. This has been incorporated into the Development Agreement and should be
completed prior to submittal of an application for final plat approval.
· ECC Section 9-5-4-3 (C) requires that storage areas be provided for the anticipated needs
of boats, campers, and trailers. The applicant has not specified how the storage of boats,
campers, and trailers will be accommodated, whether in a centrally located, screened
enclosure, or upon each individual lot. Past City Council action as allowed for storage to
be addressed through the CC&R's requiring storage of boats, campers and trailers to be
off-site. If the Council determines that individual lot storage is more appropriate than a
common storage facility, the applicant should provide a copy of the CC&Rs for review
which define the proper storage of the boats, campers and trailers, whether on individual
lots, centrally located, or off-site. If a common storage area is required, then the applicant
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should be required to obtain design review approval and should construct the storage area
prior to City Clerk signing the final plat.
· ECC Section 9-5-4-3 (E) requires that a maintenance building be provided of such size
and in such location as is suitable for the service needs that are necessary for the repair
and maintenance of all common areas. However, the applicant has not provided
information as to whether a maintenance building will be constructed on site or whether
an outside contractor will be hired by the homeowner's association to maintain and service
the common areas. Past City Council action has determined that an outside maintenance
contractor may be more appropriate than an on-site maintenance building, provided the
applicant includes in the CC&Rs provisions which define the guidelines for the
contracting of an outside maintenance firm. If a maintenance building is required, then the
applicant should be required to obtain design review approval and should construct the
maintenance building or provide a copy of the CC&R's for review which define the
guidelines for the contracting of an outside maintenance firm, prior to the City Clerk
signing the final plat.
· 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:
· Rezone: With regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided to staff to date, staff believes that the
proposed rezone is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The requested zoning designation of MU-DA (Mixed Use with development
agreement) is consistent with the Mixed Use designation as shown on the
Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided (i.e. Condition No.5, reference Eagle Water Company) to
serve all uses allowed on this property under the proposed zone;
c. The proposed MU-DA (Mixed Use with a Development Agreernent) is compatible
with the MU-DA (Mixed Use with a Development Agreement) zone and land uses to
the north, east, and west since those areas have the same Comprehensive Plan
designation as this site, and will be developed in a similar manner has this
developrnent.
d. The proposed MU-DA zone (Mixed Use with a Development Agreement) is
compatible with the R-2 zone (Residential-up to two units per acre) and land use to
the south since this area is developed into a subdivision and is buffered frorn the
proposed development by the Boise River;
e. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan. The southern portion of the site lies within
the Boise River Floodplain area. The development of the site will be required to meet
the requirements of ECC, Title 10, Flood Control or will be required to submit a
LOMR (Letter of Map Revision) removing the site from the floodplain through
FEMA (Federal Emergency Management Administration) and Ada County; and
f. No non-conforming uses are expected to be created with this rezone.
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· 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 or 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 from Eagle
Sewer District, Eagle Fire Department and Ada County Highway District and as
conditioned herein, there is adequate public financial capability to support the
proposed development;
e. That any health, safety and environrnental problems that were brought to the
Commission and Council's attention have been adequately addressed by the applicant
or will be conditions of approval as set forth within the conditions of approval herein.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Annexation,
Rezone with development agreement, and Preliminary Plat with conditions as provided within the
staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
July 5, 2006. The Commission continued the item to August 5, 2006, September 5, 2006, and
September 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 Zoning
Commission from no one (not including the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by one (1) individual who was concerned about the developrnent not being
harmonious with Eagle architecture due to the proposed height of the buildings.
COMMISSION DECISION REGARDING THE REZONE AND DEVELOPMENT
AGREEMENT:
The Commission voted 3 to 0 (Jacobs and Lien absent) to recommend approval of A-12-06 and
RZ-14-06 for an annexation and rezone from RUT to MU-DA with conditions to be placed within
a development agreement as provided within their findings of fact and conclusions of law
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document, dated October 2, 2006.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Jacobs and Lien absent) to recommend approval ofPP-15-06 for a
preliminary plat for The Lofts At Eagle River with the site specific conditions of approval and
standard conditions of approval provided within their findings of fact and conclusions of law
document, dated October 2, 2006.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application came before the Eagle City Council for their action on October 24,
2006. The Council continued the item to November 14,2006 and November 21,2006, at which time
testimony was taken and the public hearing was continued to December 12, 2006, at which time
testimony was taken and the public hearing was continued to January 16, 2007, at which time
testimony was taken and the public hearing was closed. The Council 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 REGARDING THE REZONE:
The Council voted 2 to 1 (Bastian against, Nordstrom absent*) to approve A-12-06/RZ-14-06 for
an annexation and rezone from RUT to MU-DA with the following Planning and Zoning
Commission recommended conditions to be placed within a development agreement with
underlined text to be added by the Council and text shown with strike-through to be deleted by the
Council.
* Note-Councilman Nordstrom was not present for the January 16, 2007, hearing.
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, condominium plat reviews and/or any
conditional use permits, if applicable, and any other applicable applications as may be
required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists
at the time such applications are made except as otherwise provided within this
Agreement.
3.2 The Concept Plan date stamped by the City on May 04 December 20,2006, represents the
Owner's current concept for completion of the Lofts at Eagle River a residential
condominium/townhouse development. As the Concept Plan evolves, the City understands
and agrees that certain changes in that concept may occur. Ifthe 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.
3.3 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. The
applicant shall also provide documentation from Eagle Sewer District approving the final
construction plans prior to submittal of the final plat application. A letter of approval shall
be provided to the City from the Idaho Department of Health and Welfare, Division of
Environmental Quality, and/or Central District Health, that the install system is approved
prior to issuance of any building permits.
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3.4 All buildings shall be designed in compliance with Eagle City Code Section 8-2A.
Permitted architecture styles are specifically those shown within the Eagle Architecture
and Site Design Book (EASD Book). Architecture styles and building design elements
that are not shown with the EASD Book will not be permitted.
3.5 As provided by the applicant, "Craftsman" shall be the required architecture standard for
the development. Eagle Design Review Board and Eagle City Council approval of the
detailed architectural plans of the structures, landscaping, and any proposed signage for
the development is required prior to submittal of a final plat application. To assure
compliance with this condition, the applicant shall create an architectural control
committee (ACe) as a component of the development's CC&R's. Provisions regarding
the creation and operating procedures of the ACC shall be included in the CC&R's, and
shall be reviewed and approved by the City attorney prior to the approval of a
condominium plat or issuance of a zoning certificate, whichever occurs first.
The submittal of a building permit application to the City for all buildings within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will
not be accepted.
3.6 The applicant shall submit a Design Review application for the site (as required by Eagle
City Code) and shall comply with all conditions required by the City of Eagle as a part of
the Design Review prior to submitting application for final plat approval.
3.7 Development of the Property will be permitted through the Design Review process and
future conditional use permits for the residential development will not be required
excluding any height exceptions that may be requested. Height exceptions shall require a
conditional use permit.
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 cornpetent and attractive rnanner,
including the watering, mowing, fertilizing and caring for shrubs and trees, in
accordance with Eagle City Code, in perpetuity.
(b) Parking shall only be allowed in the designated parking areas or in the garage units of
the residential dwellings.
(c) 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
condominium/townhouses including the repair and replacement of asphalt and
sidewalks.
3.9 The applicant shall place a note on the condominium plat and 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&Rs (which shall include a similar statement
regarding the common areas) for review and approval by the City attorney prior to the
approval of a condominium plat.
3.10 Pnrlide a reyisea eeHeept plRH SHewing s.s.idewalks shall be located as shown on the
Concept Plan date stamped bv the City on December 20. 2006. te be lesatea eH beth siaes
of the sOlitRem aeeess E1riyeway previaing assess te the eeRaeminilims/tewnhelises prier
to sHbmitting a fiRal plat lIJlplisatieR.
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3.11 Pre'Rae a re'Rsea eeHeeJ3t J3lliR she?/iRg the driye aisle eSllHeetiHg f.vsHlie ''.^,'' lIfta
Ri'/ersiae Drive aHa alljaseHt te the eastern J3reJ3elt)' liRe iR the RBrtheast samer ef the
J3raJ3erty te Be a telRflerary '.'saiels aasess prier te s~BmittiRg lift RJ3J3lieatieR for BHal J3lat
RJ3J3re':al. A fire access shall be provided in the northeast comer of the development as
shown on the Concept Plan date stamped by the City on December 20. 2006.
3.12 The Concept Plan shows the locations for all buildings within the development. The
Setbacks shall be as follows:
Riverside Drive and Avenue "A"
External Lot Lines (subdivision boundary)
Structures (between buildings)
*Clliblielise ana tewRhalise (2 lffiit)
Condominiums (drive aisle)
Townhouse (drive aisle)
15 feet
20 feet
30 feet
20 feet
10 feet
19 feet (to garage)(measured
from back of sidewalk)
*SaaeiRl!: bet',yeeR slliaheliss liRa t'o','a liRit ta?,'flliel:lse te the ReFth
3.13 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 Army
Corps of Engineers, Idaho Fish & Game Department (if applicable), the Idaho Department
of Water Resources (if applicable), Ada County, 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
rules and regulations pertaining to regulated wetlands prior to submittal of a final plat
application.
3.14 The applicant shall provide an Environrnental Impact Assessment to the City with an
analysis of the proposed changes and how it will affect the area and if changes could be
made to the plan that would not significantly change the area. The Environmental Impact
Assessment shall be provided prior to the City Council approving a preliminary plat.
3.15 Applicant shall provide and construct, in accordance with the provisions of Eagle City
Code Section 9-4-1-6, a minimum twelve foot (12') wide asphalt public pathway along the
portion of the Property adjacent to the Ballantyne Irrigation Canal. The specific location
and design of the pathway shall be approved by the City of Eagle Park and Pathway
Development Committee prior to submittal of a design review application. The asphalt
pathway shall be located in a recorded easement or easements dedicated to and accepted
by Eagle as provided in Eagle City Code Section 9-4-1-6(E) (2). The instrument number
of the recorded easement or easements shall be referenced on the face of the plat for Lofts
at Eagle River, upon recordation of the condominium plat(s) wherein the pathway is
located. Other than any pathways approved by Eagle, development within the Floodway
and the open space area between the Lofts at Eagle River and the Boise River shall be
prohibited.
3.16 Applicant shall provide a club house as generally depicted on the Concept Plan. The
intent of the club house is to provide a venue for meetings and activities for the residents
of the development. The building architecture and associated landscaping shall be
reviewed and approved by the Eagle Design Review Board and Eagle City Council prior
to the issuance of a certificate of occupancy. Applicant shall provide a surety for
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cornpletion of the clubhouse prior to the City Clerk signing the final plat for Phase NO.1
of the Lofts at Eagle River.
3.17 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of a Design review application. The plans shall show
how the lights will facilitate the "Dark Sky" concept of lighting.
3.18 The applicant shall provide documentation of an approved 404-Permit for work within any
wetlands on site prior to the City issuing a zoning certificate for the property.
3.19 The applicant shall provide an approved Letter of Map Revision for fill within the
floodplain (LOMR-F) prior to the submitting an application for final plat.
3.20 Applicant shall provide pedestrian and bicycle public access as shown on the Concept
Plan from Riverside Drive to the paved greenbelt pathway aleRg the Heise River 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.
3.21 The applicant shall tile the Ballantyne Irrigation Ditch within the subject property and
provide an access easement as required by the Ballantyne Irrigation Ditch Company prior
to the issuance of a zoning certificate.
3.22 Applicant shall submit letters frorn 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.
3.23 Provide an approved Land Use Change/Site Developrnent Application from Boise River
Flood Control District No. 10 prior to submitting a final plat application.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 2 to 1 (Bastian against, Nordstrom absent*) to approve PP-15-06 for a
preliminary plat for the Lofts at Eagle River with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval with
underline text to be added by the Council and text shown with strike-through to be deleted by the
Council.
* Note-Councilman Nordstrom was not present for the January 16,2007, hearing.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-14-06.
2. Cornply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
4. Provide documentation from the Army Corps of Engineers regarding the requirement of a 404- Permit
prior to submitting application for final plat approval. Should a 404-Permit be required a copy of the
final approval from the Army Corps of Engineers shall be required prior to submitting an application
for final plat approval.
5. 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 the applicant submitting a final plat application.
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6. Because of the unique nature of this developmentJhe applicant shall work with the City Forester
regarding the rernoval 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 to the City Clerk signing the final plat.
7. Provide a revised preliminary plat showing Avenue "A" to be constructed in two (2) phases. The
phasing line for the two (2) phases of Avenue "A" shall be the north south line between Phase 3 and
Phase 5. Phase I of the Avenue "A" shall be constructed with Phase 1 of the development, Phase 2 of
Avenue "A" shall be constructed prior to issuing building permits for the residential units in Phase 4.
8. UpeR sempletieB ef sOflstrustieR ef .^.veRlHl "A" the llfl~lisant shall elimiRate the teHlflsrary vehiele
assess SR the eastern bOHRaary of t-he Elevelspmeflt aHa SSR';ert the assess t8 a J3eaestriaR pathway
J3rovidiRg assess ts the greeaaek J3athway J3rier ts the City Clerk sigfliag the fiaal J3lat fer the fiRal
J3flaSe of the aeveleJ3meRt. Provide a revised preliminarv plat to show a fire access at the northeast
comer of the development as shown on the Concept Plan date stamped bv the City on December 20.
2006 prior to submitting an application for final plat.
9. Provide a revised preliminary plat showing sidewalks to be located within the development as shown
on the Concept Plan date stamped bv the Citv on December 20. 2006 OR beth siaes sf the ari','e aisles
J3reviaiRg assess to the eel'ldemiailims/ts',ynhoHses prior to submitting an application for final plat
llflJ3ro';al.
10. Provide a revised preliminary plat showing the main pressurized irrigation line to be located within an
easement prior to submitting an application for final plat approval.
11. Provide a maintenance and operation rnanual for the drive aisles including a financing plan to be
submitted with the final plat application.
12. Provide a revised preliminary plat showing a street cross section with the planter strips to be eight feet
(8 ') in width and bike lanes on each side of the road prior to submitting an application for a final plat
approval.
13. The applicant shall submit a design review application showing proposed subdivision signage 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 application.
14. 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 in 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 install the required trees, sod, and irrigation or provide the City with a letter
of credit for IS0% of the cost of the installation of all landscape and irrigation improvements. Trees
shall be installed prior to obtaining any occupancy permits for the dwelling units. A temporary
occupancy may be issued if weather does not permit landscaping.
IS. All living trees 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
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are to be preserved, prior to the commencement of any construction on the site.
16. Add a note to the final plat which states that, "Minimum building setback lines shall be in accordance
with the setbacks as set forth in the conditions of the development agreement for RZ-14-06 at the time
of issuance of a building permit.
17. The Lofts at Eagle River shall remain under the control of one Homeowners Association.
18. 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 westerly through the
property.
19. In lieu of providing an on-site storage area for boats, campers and trailers, the developer shall provide
a copy of the subdivision CC&R's showing the prohibition of the storage of recreational vehicles,
utility trailers, etc. within the development for review by staff and the City Attorney prior to submitting
application for final plat approval.
20. In lieu of providing a maintenance building on-site, the developer shall provide justification on how
the maintenance of the common areas will be handled without the need of a maintenance building the
CC&R's shall show that the common areas shall be maintained by a contracted property/landscaping
company.
21. 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.
22. Any overhead utilities and existing poles serving the existing dwelling and accessory structures shall
be removed and placed underground prior to the City Clerk signing the final plat.
23. 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 cornply 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 lirnited 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 (l.C. Title 50, Chapter 13 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
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house front to allow for future connection to a public sewer systern.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easernents 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
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requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangernents to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies 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.
15. Covenants, horneowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall record the subdivision CC&R' s in the office of the Ada County Recorder prior
to the sale of the first lot. The applicant shall provide the City a copy of the recorded CC&R's
prior to the issuance of any building permits.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
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22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in hornes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
27. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
28. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public irnprovements 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.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
31. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept oflighting.
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32. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
33. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
34. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minirnum of 3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at on site at 6:00 PM, Wednesday, April 5, 2006, in compliance
with the application submittal requirement of Eagle City Code. The application for the Annexation and
Rezone applications were received by the City of Eagle on May 4, 2006. The application for the
Preliminary Plat was received by the City on May 18, 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
Code on June 19, 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 June 14, 2006. The site was posted in accordance
with the Eagle City Code on June 21, 2006. Requests for agencies' reviews were transmitted on May
19,2006, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on October 2,
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 October 2, 2006. The site was posted in accordance with the Eagle City Code
on October 30, 2006.
3. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-12-06/RZ-14-06) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed annexation and rezone
is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The requested zoning designation of MU-DA (Mixed Use with development agreement) is
consistent with the Mixed Use designation as shown on the Comprehensive Plan Land Use
Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be provided
(i.e. Condition No.5, reference to Eagle Water Company service) to serve all uses allowed on
this property under the proposed zone;
c. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with the
MU-DA (Mixed Use with a Development Agreement) zone and land uses to the north, east,
and west since those areas have the same Comprehensive Plan designation as this site, and will
be developed in a similar manner has this developrnent.
d. The proposed MU-DA zone (Mixed Use with a Development Agreement) is compatible with
the R-2 zone (Residential-up to two units per acre) and land use to the south since this area is
developed into a subdivision and is buffered from the proposed development by the Boise
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River;
e. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan. The southern portion of the site lies within the
Boise River Floodplain area. The development of the site will be required to meet the
requirements of ECC, Title 10, Flood Control or will be required to submit a LOMR (Letter
of Map Revision) removing the site frorn the floodplain through FEMA (Federal Emergency
Managernent Administration) and Ada County; and
f. No non-conforming uses are expected to be created with this rezone.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-15-
06) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document and the proposed residential use is in
accordance with the 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 or 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 from Eagle Sewer
District, Eagle Fire Department and Ada County Highway District and as conditioned herein,
there is adequate public financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Commission and
Council's attention have been adequately addressed by the applicant or will be conditions of
approval as set forth within the conditions of approval herein.
DATED this 27th day of February 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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