Findings - PZ - 2007 - A-18-06/RZ-24-06/PP-21-06 - A/Rz From Rut/To Mu-Da/56.86 Acre/98-Lot/1650 E. Riverside Drive
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FORAN ANNEXATION AND REZONE
FROM RUT AND MU TO MU-DA (MIXED
USE WITH A DEVELOPMENT AGREEMENT
IN LIEU OF A PUD), AND PRELIMINARY
PLAT FOR EAGLE GATEWAY SOUTH FOR
CORNERSTONE GROUP, LLC
)
)
)
)
)
)
)
ORIGINAL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-18-06!RZ-24-06 & PP-21-06
The above-entitled Annexation, Rezone with development agreement, and Preliminary Plat applications
came before the Eagle Planning and Zoning Commission for their consideration on January 8, 2007. The
Commission continued the item to January 22,2007, at which time the applications were remanded to staff
until further notice. The applications were re-noticed and came before the Eagle Planning and Zoning
Commission for their consideration on April 16, 2007, at which time public testimony was taken, the
public hearing was closed and the Commission made their recommendation at that time. The Eagle
Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Cornerstone Group, LLC, represented by Walter Lindgren with Johnson Architects and
Morton McMillen, P.E., with McMillen Engineering, LLC, is requesting approval of an
annexation and rezone from RUT (Rural Urban Transition) to MU-DA (Mixed Use with a
Development Agreement in lieu of a PUD) and preliminary plat for Eagle Gateway South,
a mixed use commercial and residential development. The 56.86-acre, 98-lot subdivision,
114-unit (72-single-family, 42-multi-family (contained within 5-lots), 16-commercial, and
6-common) is located on the southeast comer of State Highway 44 and E. Riverside Drive
at 1650 E. Riverside Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, Monday, November 6, 2006, at
Cornerstone Group's office, located at 291 E. Shore Drive, Suite 200, in compliance with
the application submittal requirement of Eagle City Code. The applications for the
Annexation and Rezone were received by the City of Eagle on November 17, 2006. The
application for the Preliminary Plat was received by the City on December 8, 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 March 26, 2007. 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 March 26, 2007. Requests for agencies' reviews for the annexation and rezone
were transmitted on November 21,2006, in accordance with the requirements of the Eagle
City Code. Requests for agencies' reviews for the preliminary plat was transmitted on
December 12,2006, in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with the Eagle City Code on April 5, 2007.
Page 1 of 54
K:IPlanning DeptlEagle Applical1onslSUBS\20061Eagle Gateway South pzrdoc
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/A
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE:
See attached justification letter dated November 8, 2006, provided by the applicant's
representative.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant is requesting a development 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.
H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use, Floodway and RUT (Residential- Ada Pasture and abandon gravel
Scenic Corridor overlay County designation) and MU pit
(Mixed Use)
Proposed No Change MU-DA (Mixed Use with Mixed use development
Development Agreement) and including commercial,
PS-DA (Public/Semipublic retail, single-family, multi-
with Development family residential and a
Agreement) (pending public park.
adoption of Rezone
Ordinance)
North ofsite Business Park BP (Business Park) State Highway 44
South of site Floodway RP (Ada County designation) Williamson Horse Ranch
East of site Mixed Use, Floodway and Mixed Use Pasture and Ancona
Scenic Corridor overlay Subdivision
West of site Mixed Use, Floodway and RUT (Residential - Ada Proposed Lonesome Dove
Scenic Corridor overlay County designation) Subdivision
I. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
Page 2 of 54
K:IPlanning DeptlEagle Applical1onslSUBS\20061Eagle Gateway South pzrdoc
J. SITE DATA:
Total Acreage of Site - 56.86 +/- acres
Total Acreage of Area to be Developed - 34.69 +/- acres
Total Acreage of Area to be Donated to the City - 22.17 +/-
Total Number of Lots - 98
Residential - 114
Commercial - 16
Industrial - 0
Common - 6
Total Number of Units - 114
Single-family - 72
Multi-family - 42
Total Acreage of Any Out-Parcels - none
Total Gross Square Footage of Commercial Buildings - 200,500 square feet (approximately)
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 6.2-units per acre 10 units per acre (maximum)
(Based on 18.36 acres of residential area)
Minimum Lot Size 0.09-acres (3,737-sq. ft.) 0.16-acres (7,000 sq. ft.)
Except that a decrease of mini mUlTI
lot size in a subdivision may be
allowed if there is an offsetting
increase of the same square-l'ootage
in open space and a planned unit
development is applied far and
approved) - per FCC Section 8-2-4
(G)
Minimum Lot Width 40- feet (approx.) 50-feet
Minimum Street Frontage 40- feet N/A
Total Acreage of Common Area 27.66-acres * 9.77-acres (minimum)
5.68 acres minimum plus 4.09-acrcs
l'or lots smaller than the minimum
(7.000 SF) - per ECC Section 8-2-4
(G)
Percent of Site as Common Area 49.4% (approximately)* 17.18% (minimum)
* Note-The common area is inclusive of the tloodway area. which also contains the area to be donated to the City l'or a
park/nature area site.
K. GENERAL SITE DESIGN FEATURES:
Greenbelt IPathway Areas and Landscape Screening:
The Concept Plan and preliminary plat date stamped by the City on January] 0, 2007,
shows a greenbelt pathway adjacent to the North Channel of the Boise River. The Concept
Plan also shows pathways to be located in the residential open space areas adjacent to the
ponds and providing connectivity to the sidewalks adjacent to the streets within the
development. The pathways within the residential area also provides access through three
Page 3 of 54
K:IPlanning DeptlEagle Applical1ons\SUBS\2006IEagle Gateway South pzfdoe
(3) common lots providing access to the lot (Lot 31, Block 9) located within the flood way,
which is to be donated to the City for a future park/ nature area.
Open Space:
Open space areas will provide for landscaping, two ponds, pathways, and tot lots to
provide an amenity to the residents within the development. The 22.17 acres located
within the floodway is proposed to remain unimproved and donated to the City for a future
park/nature area. The Concept Plan date stamped by the City on January 10,2007, shows
a swimming pool and pool house located on the northwest comer of E. Loneshore Drive
and Mara Avenue, which is shown as Lot] 3, Block 3 of the preliminary plat date stamped
by the City on January 10, 2007. The proposed development contains total of
approximately 27.66 acres (49.4%) of usable common area. A minimum of 10% open
space is required except that per Eagle City Code, Section 9-3-8 (C) the City may require
additional public and/or private park or open space facilities in PUDs or in subdivisions
with 50 or more lots.
Commercial Area:
The Concept Plan date stamped by the City on January 10,2007, shows twelve (12)
commercial buildings totaling approximately 200,500 square feet of area. The buildings
are proposed with a mix of retail, restaurant, office and a 1 O-screen theater. The parking
analysis provided on the Concept Plan is calculated showing the retail buildings to be
combination of retail and restaurant use for a total of 845 spaces. The applicant indicated
within the justification narrative that the theater will have 1,800 seats, which will require
600 parking spaces at a ratio of one (I) space per (3) three seats per Eagle City Code,
Section 4. The Concept Plan contains a Parking Analysis indicating 1,352 parking
spaces are required per Eagle City Code based on the proposed size of the buildings
and associated uses, the applicant is proposing 650 parking spaces.
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
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
The applicant will be required to submit a Flood Plain Development Permit application to
be reviewed and approved prior to submitting a final plat application.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code Section 9-3-6 requires utility easements to be not less than 12-feet wide.
All utilities including power are required to be placed underground.
Fire Hydrants and Water Mains:
The preliminary plat shows eleven (11) fire hydrants located within the subdivision. The
hydrants should be installed and approved as required by the Eagle Fire Department. The
proposed development is located within the Eagle Water Company water service area.
On-site Septic System (yes or no) - yes (to be removed)
The existing mobile home (which is to be removed) on the property is currently served by
a septic system. The applicant will be required to obtain the proper penn its and abandon
the existing septic system.
Page 4 of 54
K:IPlanning DeptlEagle ApplieationslSUBS\2006lEagle Gateway South pzfdoe
Pressurized Irrigation:
Pressurized irrigation will be provided utilizing existing water rights and the ponds located
within the common areas.
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 is located within the southern portion of this
site and mature trees are located adjacent to the river. The City Forester has provided a
report and tree valuation associated for this site (included herein).
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires
immediate notification to the state.
L. STREET DESIGN:
Public Streets:
The Concept Plan date stamped by the City on January 10,2007, and the associated
exhibit date stamped by the City on December 26,2007, shows the street sections in
relation to their locations within the development. The Concept Plan indicates that
Riverside Drive will be constructed with a seventy foot (70') wide street section the
entire length of the development as labeled on the Concept Plan.
The preliminary plat date stamped by the City on January 10,2007, shows four street
sections for the development, three of which are commercial collector street sections and
one residential standard local. The commercial collector street sections shown with a
median or turning lane are seventy feet (70') in width, the commercial collector at the
retail core is shown with a fifty foot (50') wide street section.
Riverside Drive, which will divide the commercial portion of the development from the
residential area is proposed to be constructed within a seventy foot (70') wide right-of-
way consisting of two (2) eleven foot (11') wide travel lanes (as measured from back of
curb to back of curb or back of curb to the turn lane), eleven foot (11') wide center
median (or turn lane), two (2) six foot (6') bike lanes, two (2) eight foot (8') wide
landscape strips, and two (2) five foot (5') wide detached sidewalks located partially
outside of the right-of-way.
The local roadways within the development are proposed to be constructed within a fifty
foot (50') wide roadway section consisting of two (2) travel lanes ten feet (10') wide, an
eight foot (8') wide parking lane, two (2) eight foot (8') wide landscape strips, and five
foot (5') wide detached sidewalks located partially outside of the right-of-way.
Blocks Less Than 500': Two
Cul-de-sac Design: No cul-de-sacs proposed within the development.
Sidewalks:
A detached 5-foot wide sidewalk that is partially located outside of the right-of-way is
located on both sides of the residential local streets. The street section for the commercial
collector at the retail core shows a detached 6 1'2 foot wide sidewalk located outside of the
right-of-way on both sides of the street. The sidewalk adjacent to the commercial area is
not proposed to meander.
Page 5 of 54
K:IPlanning DeptlEagle ApplicaltonslSUBS120061Eagle Gateway South pzfdoc
Curbs and Gutters:
The applicant indicated within the application that the streets will be constructed to
ACHD standards, with six inch (6") vertical curbs.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning
Administrator prior to the submittal of the final plat. Any modifications made to the
lighting shall be completed before the final plat approval.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to
date. Approval from that committee is required prior to final plat approval.
M. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways/Pathways:
The Concept Plan and preliminary plat shows a greenbelt pathway adjacent to the southern
boundary of the property. The Concept Plan also shows pathways providing access to and
around the ponds located within the common areas identified as Lot 13, Block 3, and Lot
2, Block 5, on the preliminary plat. The preliminary plat also shows pathways providing
access from E. Lone Shore Drive to the area which will be donated to the City on the east
and west borders of the development and through two common areas. One of the common
areas is located directly to the south of Mara Ave., and the other pathway is located within
a common lot approximately five hundred feet (500') west of the eastern boundary of the
development. The applicant has indicated within the application that the pathways within
the development are proposed to be five feet (5') +/- 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.
The preliminary plat date stamped by the City on January 10, 2007, show the commercial
collector street sections with a six foot (6') wide bike lane on both sides of the street.
N. PUBLIC USES PROPOSED:
The applicant is proposing to donate 22.17 acres within the flood way area to the City to be
designated as a park/nature area. This 2000 Comprehensive Plan, Transportation/Pathway
Map # I of 2 designates this area for a multi-use path.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Lynn 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. Once the property has been annexed into the
District sewer construction plans need to be submitted for review and approval.
Page 6 of 54
K:IPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzfdoc
The site lies within the Eagle Water Company service area for potable water. The
applicant should submit documentation from Eagle Water Company and the Idaho
Department of Environmental Quality that there is adequate water to serve the project
prior to submitting a final plat application.
Layne Dodson with Idaho Power stated in correspondence that there is limited electrical
capacity to serve the site. The correspondence goes on to state that electrical distribution
upgrades and modifications may be required to provide service to this site.
Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - Yes-Flood area adjacent to Boise River
Evidence of Erosion - No
Fish Habitat - Unknown
Floodplain - Yes 100 yr. floodplain/Zone AE, Floodway/Zone FW adjacent to the Boise River
Mature Trees - Yes - adjacent to the Boise River
Riparian Vegetation - Yes, in proximity to Boise River
Steep Slopes - No
Stream/Creek - Yes - Boise River
Unique Animal Life - No
Unique Plant Life - Unknown
Unstable Soils - Unknown
Wildlife Habitat - Yes, Riparian areas adjacent to Boise River
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
GeoEngineers provided an Environmental Site Assessment (attached to the staff report),
dated November 8, 2006, indicating there were no previously documented cases of
recognized environmental conditions on the subject property. The report goes on to state
the development will not have any adverse impacts on the environment as required per
Eagle City Code.
S. 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 April 4, 2007 and April
13, 2007, are of special concern (attached to the staff report).
Ada County Highway District (Draft) date stamped by the City on April 10,2007
Boise River Flood Control District No. 10
Central District Health (Annexation and Rezone comments)
Central District Health (Preliminary Plat comments)
Chevron Pipeline (Annexation and Rezone comments)
Chevron Pipeline (Preliminary Plat comments)
Department of Environmental Quality (Annexation and Rezone comments)
Department of Environmental Quality (Preliminary Plat comments)
Eagle Fire Department (Annexation and Rezone comments)
Eagle Fire Department (Preliminary Plat comments)
Eagle Sewer District
Idaho Department of Fish and Game
Idaho Department of Lands
Idaho Power Company
Idaho Transportation Department
Joint School District No.2
Page 7 of 54
K:IPlanning DeptlEagle ApplicaltonslSUBS120061Eagle Gateway South pzfdoc
T. COMMENTS FROM THE CITY FORESTER:
Tree valuations and map from Julie Lafferty, City Forester, dated March 19, 2007.
Eagle Gateway South Landscaping Comments dated AprilS, 2007 (Attached to the staff
report).
U. LETTERS FROM THE PUBLIC: (attached to staff report and incorporated herein by reference)
Chuck Carlise with Eagle River stated in correspondence, date stamped by the City on
April 2, 2007, that Eagle River is concerned with the proposed request for a blanket height
exception. Mr. Carlise also expressed his concern with reducing the theatre parking when
it shares parking with the other uses on the site. He also indicated that because of the
theater use they have experienced parking issues between all users was impossible and
commonly created gridlock. Mr. Carlise is also concerned with the building mass of the
theatre in proximity to the Highway 44 Scenic Corridor.
V. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The preliminary plat shows three separate phases for the development. The commercial
area north of Riverside Drive and east of Edgewood Way is shown as Phase I. Phase 2
consists of the remaining commercial area and a portion of the residential area south of
Riverside Drive, north of the flood way line between Edgewood Way and Mara Avenue.
Phase 3 consists of the remaining residential portion of the development south of
Riverside Drive, north of the floodway line between Mara Avenue and Ancona Avenue.
The applicant has indicated they will construct the development in one phase, however,
they would like to reserve the right to wait on a portion of the residential area based on
market conditions.
EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and
how such use will not change the essential character of the same area.
That the development will not be hazardous or disturbing to existing or future neighborhood uses.
That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
That the development will not create excessive additional requirements at public cost for public
facilities and services.
That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non-PUD proposal.
That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
That the development will not result in the destruction, loss, or damage of a natural, scenic or
Page 8 of 54
K:IPlanning DeptlEagle ApplicaltonslSUBS120061Eagle Gateway South pzfdoc
historic feature of major importance.
That the proposed development will be hannonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling unit5):
That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
That an estimate of the tax revenue that will be generated from the development has been provided
by the developer.
That suggested public (or private) means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development
has been provided by the developer.
For a request of up to /0% of the gross land area to be directed to uses other than residential
(i.e.; commercial, industrial. public and quasi public uses that are not allowed in the land use
district):
That the uses are appropriate with the residential uses.
That the uses will serve principally the residents of the PUD.
That the uses are planned to be an integral part of the PUD.
That the uses located and designed to provide direct access to a collector or arterial street.
That the proposed street connections will not create congestion or traffic hazards.
In cases where an increase in residential density of up to 15% of the allowable number of
dwelling units is requested:
LANDSCAPING - For up to 5%
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of
existing landscape, pedestrian way treatment, and recreational areas, incorporated into this
development, exceed that of a non PUD development.
SITING - For up to 5%
That the quality of the designs for visual focal points, use of existing features such as
topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation
pattern, physical environment, variation in building setbacks, and building grouping (such as
clustering), incorporated into this development, exceed that of a non PUD development.
DESIGN FEATURES - For up to 5%
That the quality of the designs for street sections, architectural styles, harmonious use of
materials, parking areas broken by landscaping features, and varied use of housing types,
incorporated into the development, exceed that of a non PUD development.
Page 9 of 54
KIPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzfdoc
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates this
site as:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited 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 flood way areas shall not be considered as a part of the
minimum area of open space required (as required within the zoning ordinance) unless
developed as noted within this paragraph. 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 minimum 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
1.1
Overview
The purpose of the Eagle Comprehensive Plan is to promote the health, safety,
and general welfare of the people of the City of Eagle and its Impact Area as
follows:
b. To ensure that adequate public facilities and services are provided to the
people at reasonable cost.
d. To ensure that the important environmental features of the City and its Impact
Area are protected and enhanced.
Page 10 of 54
K:IPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzfdoc
To ensure that the development of land is commensurate with the physical
characteristics of the land.
To protect life and property in areas subject to natural hazards and disasters.
\. 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 Llsed.
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.
Other Services and Utilities
Pressure Irrigation
The City of Eagle currently requires the installation of pressurized irrigation
systems for the irrigation of landscaping when new development is within an
irrigation district and water rights are available.
3.4 Implementation Strategies
Encourage foothills and riverside development to provide emergency access
points.
Chapter 5 - Economic Development
5.1 Background
The economic development component of the Comprehensive Plan discusses the
economics and employment in Eagle. The city encourages appropriate economic
Page 11 of 54
K:IPlanning DeptlEagle ApplicationslSUBSI20061Eagle Gateway South pzLdoc
development while retaining those attributes that give Eagle its special living and
working environment.
5.2 Goal
Encourage an economic base complementary to Eagle's rural identity
5.4 Objective
To preserve the economic integrity of the Central Business District (CBD) and to
encourage business and industry that have minimal environmental impact.
Implementation Strategies
e. New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural residential
identity.
e. Encourage commercial growth adjacent to the Central Business District and
discourage isolated commercial development in outlying areas.
e. Promote additional employment opportunities and expand the economic base
by a) encouraging growth and expansion of existing businesses and industry
and b) attracting additional business and industry so residents will be
provided with adequate commercial services and facilities.
Chapter 6 - Land Use
6.7 Implementation Strategies
Preserve the natural features and resources of Eagle.
Protect gravity flow irrigation systems including canals, laterals and ditches to
assure continued delivery of irrigation water to all land serviced by such
systems, to protect irrigation systems as a long range economical method for
water delivery and to coordinate surface water drainage to be compatible with
irrigation systems.
Support City of Eagle flood and storm drainage regulations to achieve protection
of property rights, environmental protection and flood damage reduction for
community residents.
Natural Resources And Hazard Areas
Chapter 7
7.5
Water Resources
Surface Water:
The Boise River carries water for irrigation and provides fishing, water-fowl
hunting (not permitted in city limits), and recreation.
The Eagle planning area is crossed by eight irrigation systems: the Farmers Union
Canal, New Dry Creek Canal, New Union Ditch, Breshears Lateral, Ballantyne
Canal, the Mason Catline Canal, Capital View Canal and the Boise Valley Canal.
Wildlife
An important part ofthe 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.
Page 12 of 54
K:IPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzfdoc
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: (I) 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
1 OO-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) maps show specifically
where the floodway and floodplain boundaries are located. (Also, see Eagle City
Code for definitions of terms relating to the floodplain areas.)
Goal
Chapter 8
Special concern and attention should be given to the preservation offish, wildlife,
water resources, air quality, agriculture, open space and recreation-nature areas
when implementing planning and zoning decisions.
Transportation
Background
Transportation planning and land use planning should be compatible with Eagle's
transportation system and should take into account projected land use as depicted
on the Eagle Land Use Map.
The City's existing network of roadways represents only a portion of the system
needed to serve future growth and development. As the City continues to
experience growth, population will increase and the number of vehicles using the
transportation system will increase. In addition to adding new streets and
roadways, modifications and extensions to the existing routes will be necessary in
order to create a fully integrated, modern, efficient transportation system that will
effectively serve the residents of the City, the business community and the
traveling public.
Residential Collectors
8.1
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
minimum street section to accommodate the projected vehicle volume.
Access Function:
To provide limited and controlled access to residential neighborhoods.
Page 13 of 54
K:IPlanning DeptlEagle ApplicatlonslSUBS120061Eagle Gateway South pzrdoc
Right-of-Way
As shall be detennined by the Highway District having jurisdiction with
recommendations by the City seriously considered by the Highway District.
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:
Bike Lanes usually exist on the same pavement surface as motorized lanes.
Arterials and collectors should be provided with bike lanes 011 each side of the
roadway.
Goal
Plan a transportation system to serve the planned land use of the City of Eagle and
its Area of Impact.
Objective
Encourage alternative transportation forms such as walking and biking.
8.6 Implementation Strategies
Integrate all modes of travel to support air quality improvement measures.
Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway
Network Maps #1 and #2, adopted local and regional pathway plans, as may
be needed for intra-neighborhood connectivity and to ensure that bike and
pedestrian traffic is not unnecessarily pushed out onto arterials and collectors.
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.
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.
Page 14 of 54
K:IPlanning DeptlEag\e ApplicationslSUBS120061Eagle Gateway South pzfdoc
p. Encourage sidewalks that are separated from the curb on all streets, except for
areas where Eagle City Code requires sidewalks to abut the curb and where
existing buildings, inordinate environmental impacts, or other impacts make
setting the sidewalk back infeasible. Meandering sidewalks should be
required where space permits. A planter strip of sufficient width for street
trees between the sidewalk and roadway should be required to provide a
canopy effect over the roadways. The type of street trees used should be those
which have root systems that have proven to not cause sidewalk or curb
damage when in close proximity to such improvements.
p. Design and/or align roads to preserve existing trees wherever possible; safety
shall not be compromised.
Encourage planning of local roadway systems which will provide for intra-
neighborhood connectivity. The connecting roadways should be designed to
not become collectors and to discourage traffic from cutting through
neighborhoods to go from a collector or arterial to another collector or arterial.
Such intra-neighborhood connectivity is for emergency and delivery vehicles
and for local intra-neighborhood access.
Chapter 9 Parks, Recreation And Open Spaces
Pathways And Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e.
the Boise River and Dry Creek) and are designed to prevent undesirable
encroachment. Greenbelts may include pathways and/or bike lanes.
9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
To create a pathway system that reflects desire to have a pedestrian and bicycle
friendly community.
To provide a network of central and neighborhood paths where residents are able
to safely access and utilize pathways for alternative forms of transportation.
All development should provide developed pathways for connection to Eagle's
public pathway system and/or adjoining development's public pathway
system.
Acquire pathway easements on the north side of the North Channel.
Provide adequate parking and public facilities along greenbelts and pathway
systems.
Provide public information on safety, current location, nearest public facility
location, and emergency telephone system along greenbelts and pathway
systems (i.e., milepost markers).
Page 15 of 54
KIPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzfdoc
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.
Objectives
Chapter II
10.0
To establish open space to protect the finite resource base of Eagle's natural
environment - air, ground water, surface water, soil, forested areas, plant and
wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and
wetlands.
b. To protect against hazards that are inherent to flood plains, flood ways, steep
slopes, and areas of geological instability.
b. To protect the natural lay of the land (e.g., minimize land disturbance).
b. To protect such unique environmental areas as historical, geological, and
archaeological sites and monuments, natural areas, and wildlife habitat.
b. To protect important views, vistas, and panoramas of the community's natural
setting and environment.
Special Areas and Sites
Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or
sites should be analyzed according to their defined function. Whenever possible,
these sites should be preserved and conserved as open spaces or for educational
and cultural centers. Development of Special Areas or Sites should take place in
manner that reflects harmony with their natural environment and recognized
qualities which render them distinctly unique.
The Boise River Floodplain, the Head of Eagle Island, the Dry Creek Floodplain,
and the North Foothills possess a recognized function as a wildlife habitat,
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
Page 16 of 54
KIPlanning DeptlEag!e ApplicationslSUBSl2006lEag1e Gateway South pzfdoc
. 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.
10.0 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.
Drainage and Canals
Special natural and manmade features of Eagle are the drainages and canals. The
main purpose of the canals and drainage ditches is that of distributing and moving
water.
10.0 Goal
To promote the conservation and efficient management of all Special Area and
Sites.
10.0 Implementation and Strategies
a. Protect and improve natural and man-made 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.
1. The City may require developers to prepare and submit an environmental
assessment and any such additional reports as the City may from time to time
require, for any development on land within an area designated as a Special
Area or Site or for any development impacting a designated Special Area or
Site.
Chapter 12 Community Design
11.0 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.
Page 17 of 54
KIPlanning DeptlEagle ApplicationslSUBSI20061Eagle Gateway South pzfdoc
12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
12.4 Implementation Strategies
Establish and maintain a development pattern and design criteria in keeping with
the rural transitional identity of Eagle. This includes growth within the
Impact Area that discourages or precludes the establishment of other City
centers.
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 Impact 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
meet minimum design standards as specified by City Ordinances.
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.
n. 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
12.5.1 Goal
To establish and enhance areas of tree growth that will create beauty, add to a
healthy environment and increase economic stability.
12.5.2 Objectives
a. To create an urban forest that will help reduce air and noise pollution,
conserve water and reduce soil erosion, assist in modifying the local climate,
increase property values, and improve Eagle's economy by providing a
pleasant and more comfortable place to shop and live.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Eagle City Code, Section 81-2 defines Commercial Entertainment Facilities as:
Any profit making activity which is generally related to the entertainment field such as
motion picture theaters, performing arts theaters, sports stadiums and arenas, amusement
parks, bowling alleys, billiard parlors, poolrooms, dance halls, ice/roller skating rinks,
health/fitness clubs, recreation clubs, arcades, nightclubs, cocktail lounges and similar
entertainment activities.
Page 18 of 54
K:IPlanmng DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzfdoc
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 8-1-2 defines Easement as:
Authorization by a property owner for the use by another, and for a specified purpose, of
any designated part of his property.
. Eagle City Code, Section 8-1-2 defines Lot (Through) as:
Lot Types: Terminology used in this title with reference to comer lots, interior lots and
through lots is as follows:
Through Lot: A lot other than a corner lot with frontage on more than one street. Through
lots abutting two (2) streets may be referred to as double frontage lots.
. Eagle City Code, Section 8-1-2 defines Open Space as:
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
. Eagle City Code, Section 8-1-2 defines Planned Unit Development as:
An area of land in which a variety of residential, commercial and industrial uses
developed under single ownership or control are accommodated in a preplanned
environment with more flexible standards, such as lot size and setbacks, than those
restrictions that would nonnally apply under these regulations.
. Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the
zoning districts have been formulated to realize the general purposes as set forth in this
title. In addition, the specific purpose of each zoning district shall be as follows:
MU MIXED USE DiSTRICT: To provide for a variety and mixture of uses such as
limited office, limited commercial, and residential. This district is intended to ensure
compatibility of new development with existing and future development. It is also
intended to ensure assemblage of properties in a unified plan with coordinated and
harmonious development which shall promote outstanding design without unsightly and
unsafe strip commercial development. Uses should complement the uses allowed within
the CBD zoning district. All development requiring a conditional use permit in the
MU zoning district, as shown in section 8-2-3 of this chapter, shall occur under the
PUD and/or development agreement process in accordance with chapter 6 or 10 of
this title unless the proposed development does not meet the area requirements as set forth
in section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with
adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise
a conditional use permit shall be required unless the proposed use is shown as a permitted
use in the MU zoning district within section 8-2-3 of this chapter. Residential densities
shall not exceed ten (10) dwelling units per gross acre. When a property is being proposed
for rezone to the MU zoning district a development agreement may be utilized in lieu of
the PUD and/or conditional use process if approved by the city council provided the
Page 19 of 54
K:IPlanning DeptlEagle ApplicationslSUBSI20061Eagle Gateway South pzfdoc
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:
Residential 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:
Zoning Maximum rJD Interior Street Maximum Minimum Lot Minimum
District Height Side Side Lot Area (Acres Lot
Covered Or Sq. Ft.) G Width I"
And H*
IMU 113s' 1~~17s' ~, 117,000 I Iso' I
1120' IlsO%
8-2-4(G):
A decrease of minimum lot size in a subdivision may be allowed if there is an
offsetting increase of the same square footage in open space and a planned unit
development is applied for and approved.
. Eagle City Code, Section 8-2A Design Review Overlay District:
8-2A-l: General Applicability:
This article applies to all proposed development located within the design review
overlay district which shall include the entire city limits, and any land annexed
into the city after the date of adoption hereof. Such development includes, but is
not limited to, new commercial, industrial, institutional, office, multi-family
residential projects, signs, common areas, subdivision signage, proposed
conversions, proposed changes in land use and/or building use, exterior
remodeling or repainting with a color different than what is existing, exterior
restoration, and enlargement or expansion of existing buildings, signs or sites, and
requires the submittal of a design review application pursuant to this article and
fee as prescribed from time to time by the city council.
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:
I. Recognize the interdependence of land values and aesthetics and to
provide a method by which the city may implement this interdependence
to the benefit of the community.
2. Encourage the development of private property in harmony 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.
Page 20 of 54
K:IPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzfdoc
3. Provide planning and design guidelines to give specific direction for
downtown development, while allowing for flexibility that promotes
creative, market driven development proposals.
B. Goals: The general theme of the design review overlay district is to specity
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-7 (1)(4 )(a): Buffer Areas/Common Lots
a. Any road designated as an urban or rural collector on the Ada County long
range highway and street map:
A minimum of thirty five feet (35') wide buffer area (not including right of way)
shall be provided with the following plants per one hundred (100) linear feet of
right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24)
shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the
shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope
for any berm shall be three feet (3') horizontal distance to one foot (I ') vertical
distance. If a decorative block wall, cultured stone, decorative rock, or similarly
designed concrete wall is to be provided in combination with the benn, a four foot
(4') wide flat area shall be provided for the placement of the decorative wall.
Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not
be pennitted.
8-2A-7 (C): Landscaped and Buffer Area Requirements:
Existing Vegetation:
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
1 inch to 6 inches caliper
6 1/4 inches to 12 inches
12 1/4 inches or more
Replacement
2x caliper of tree removed
1.5x caliper of tree removed
1 x 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.
Example: An eight inch (8") caliper tree is removed, an acceptable
replacement would be three (3) 4-inch caliper trees or four (4) 3-inch caliper
trees.
2. Damage During Construction: Existing trees or shrubs that are retained shall
be protected from damage to bark, branches, or roots during construction.
Page 21 of 54
K:IPlanning DeptlEag1e ApplicationslSUBS120061Eagle Gateway South pzf.doc
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 diameter of the tree trunk plus six feet (6'), or to the drip line,
whichever is furthest from the trunk.
4. Minimum Landscaping: Existing vegetation which is to be retained may be
used to satisfy the minimum required landscaping.
. Eagle City Code, Chapter 4 Off Street Parking and Loading
8-4-2 Application of Provisions
A. No building or structure shall be erected, substantially altered, or its use changed
unless permanently maintained off street parking and loading spaces have been
provided in accordance with the provisions of this title.
D. If more than one use is located on the site, the number of off street parking spaces
shall be equal to the sum of the requirements prescribed for each use unless a
joint/collective parking facility is approved as provided for in section 8-4-4-3 of
this chapter.
8-4-4-2: Additional Design and Maintenance Regulations and Requirements:
D. Screening And/Or Landscaping: Whenever a parking area is located in or adjacent
to a residential district, it shall be effectively screened on all sides which adjoin or
face any property used for residential purposes by an acceptably designed wall,
fence, or planting screen. Such wall, fence, or planting screen shall not be less
than four feet (4') nor more than six feet (6') in height and shall be maintained in
good condition. The space between such fence, wall or planting screen and the lot
line of the adjoining premises in any residential district shall be landscaped with
grass, hardy shrubs or evergreen ground cover, and maintained in good condition.
In the event that terrain or other natural features are such that the erection of such
wall, fence, or planting screen will not serve the intended purpose, then no such
wall, fence, or planting screen and landscaping shall be required.
8-4-4-3: Joint/Collective Parking Facilities:
A. Off street parking spaces required by this chapter for any specific use shall not be
considered as providing parking spaces for any other use except where a
joint/collective parking facility has been approved pursuant to the following:
I. The applicant shall show that:
a. There is no substantial conflict in the principal operating hours of the
building, structure or use for which the joint/collective parking facility is
proposed;
b. The peak hours of parking demand from the uses shall not coincide so that
the peak demand will be less than the parking required;
c. The shared parking spaces shall serve the uses without conflict;
d. The adequacy of the quantity and efficiency of parking provided will
equal or exceed the level that can be expected if a joint/collective parking
Page 22 of 54
K:IPlannmg DeptlEagle ApphcationslSUBSI20061Eagle Gateway South pzfdoc
facility was not requested; and
e. If a public transit system serves the area, the applicant may provide
documentation showing that the parking demand will be reduced.
2. The proposed reduction of required spaces, applicable to each use, shall be
shown by the applicant.
3. The city may require the applicant to submit survey data, or additional
documentation substantiating a request for a joint/collective parking facility.
4. The joint/collective parking facility may be on a site other than the site where
the use is located, but shall be located no further than that pennitted by
subsection 8-4-4- I A of this chapter.
5. The spaces to be provided shall be available as long as the uses requiring the
spaces are in operation.
6. The parties concerned in the joint/collective parking facility shall submit a
written agreement in a form to be recorded for such joint/collective use,
approved by the city attorney as to fonn and content, and such agreement,
when approved as conforming to the provisions of this chapter, shall be
recorded in the office of the county recorder and copies thereof filed with the
zoning administrator prior to issuance of a buildinglzoning permit, or prior to
issuance of a certificate of occupancy, whichever occurs first. The agreement
shall include:
a. A guarantee that there will be no substantial alteration in the uses that will
create a greater demand for parking;
b. A guarantee among the landowners for access to a use of the
joint/collective parking facility;
c. A provision that the city may require parking facilities in addition to those
originally approved upon findings by the city council that adequate
parking to serve the uses has not been provided;
d. A provision stating that the city council, may for due cause and upon
notice and hearing, unilaterally modify, amend, or terminate the
agreement at any time; and
e. Any other information required to be documented on such agreement by
the city in an effort to assure compliance with this title.
7. The zoning administrator may permit a maximum reduction in the number of
spaces to be provided not exceeding twenty percent (20%) of the sum of the
number of spaces required for each use only if the provisions of this chapter
have been met. The maximum allowable reduction in the number of spaces to
be provided shall not exceed twenty percent (20%) of the sum of the number
required for each use served unless a conditional use is approved by the city
council.
Page 23 of 54
K:IPlanning DeptlEagle ApplicationslSUBSI20061Eagle Gateway South pzfdoc
8-4-5 Schedule of Parking Requirements:
For the purpose of this title, the following space requirements shall apply:
Apartments or multi-family
dwellings
For each unit with 2 or more bedrooms - 2 including 1 covered; lor each I
bedroom or studio unit - 1.5 including I 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
Commercial entertainment facilities:
Auditoriums, sports arenas,
theaters and similar uses
I for each 3 seats
Oftices, business and professional
I per 250 square feet of gross floor area
Oftices. medical and dental
I per 200 square feet of gross floor area
Restaurants. dining rooms. taverns
nightclubs. etc.
1 per 150 square feet of gross floor arca; plus I per 35 square feet dance
floor
Retail sales not listed under another
use classification
1 per 250 square feet of gross floor area
. Eagle City Code, Chapter 6 Planned Unit Developments:
8-6-1: Purpose:
It shall be the policy to guide a major development of land and construction by
encouraging planned unit development (PUD) to achieve the following:
A. A maximum choice of living environments by allowing a variety of housing
and building types and permitting an increased density per acre and a
reduction in lot dimensions, yards, building setbacks and area requirements;
C. A development pattern which preserves and utilizes natural topography and
geologic features, scenic vistas, trees and other vegetation and prevents the
disruption of natural drainage patterns;
8-6-5-2: Common Open Space:
A. Required Common Open Space: A minimum often percent (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
open space for parks, recreation and related uses. Public utility and similar
easements and right of way for watercourses and other similar channels are
not acceptable for common open space dedication unless such land or right of
way is usable as a trail or other similar purpose and approved by the council.
C. Maintenance: The responsibility for the maintenance of all open spaces shall
be specified by the developer before approval of the final development plan.
Page 24 of 54
KIPlanning DeptlEagle Applical1onslSUBS120061Eagle Gateway South pzrdoc
8-6-5-3
Underground utilities, including telephone and electrical systems, are required
within the limits of all PUDs. Appurtenances to these systems which can be
effectively screened may be exempted from this requirement if the commission
finds that such exemption will not violate the intent or character of the proposed
PUD.
. 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, floodway 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 (I ').
Eagle City Code, Chapter 3, Design Standards
9-3-1 Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions,
improvements and facilities done, constructed or made in accordance with said
provisions shall comply with the minimum design standards set forth in this
chapter; provided, however, that any higher standards adopted by any highway
district, the Idaho transportation department or health agency shall prevail over
those set forth herein.
9-3-2 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.
Page 25 of 54
K:IPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzfdoc
E. Public Alleys: Public alleys shall be provided in multiple dwelling or
commercial subdivisions unless other provisions are made for service access
and off street loading and parking. Dead end public alleys shall be prohibited
in all cases.
H. Half Streets: Half streets shall be prohibited except where unusual
circumstances make such necessary to the reasonable development of a tract
in conformance with this title and where satisfactory assurance for dedication
of the remaining part of the street is provided. Whenever a tract to be
subdivided borders on an existing half or partial street, the other part of the
street shall be dedicated within such tract.
Driveways: Driveways providing access to no more than two (2) dwelling units
shall be allowed within any subdivision.
9-3-2-2: Street Widths:
A. Street and road right of way widths, grade, alignment, and so forth, shall
conform to the adopted major street plan or comprehensive plan and shall be
approved by the highway district and/or other agency having jurisdiction.
9-3-2-3: Intersections:
Intersections shall conform to the following standards:
A. Angle Of Intersection: Angles of street and driveway intersections shall be
approved by the highway district having jurisdiction.
B. Sight Triangles: Minimum clear sight distance at all street and driveway
intersections shall be approved by the highway district having jurisdiction.
9-3-5: Lots:
Lots shall confonn to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the
official height and area regulations as set forth in section 8-2-4 of this code.
9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot
lines and side lot lines when deemed necessary. Total easement width shall
not be less than twelve feet (12').
B. Unobstructed drainageway easements shall be provided as required by the city
council.
C. All natural drainage courses shall be left undisturbed or be improved in a
manner which will improve the hydraulics and ease of maintenance of the
channel.
9-3-8: Public Sites and Open Spaces:
Public sites and open spaces shall conform to the following standards:
A. Public Uses: Where it is determined that a proposed park, playground, school
or other public use as shown on the future acquisition map, as authorized in
section 67-6517, Idaho Code, is located in whole or in part within a proposed
subdivision, the city council shall notity the appropriate public agency
concerning the land proposed to be acquired. Within thirty (30) days of the
Page 26 of 54
K:IPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzfdoc
date of notice, the public agency may request the governing body to suspend
consideration on the subdivision for sixty (60) days, the city council shall
resume consideration of the subdivision.
B. Natural Features: Existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees,
watercourses, 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, Chapter 4, Required Improvements
9-4-1: Improvements Required:
Every subdivider shall be required to install the following public and other
improvements in accordance with the following conditions and specifications.
9-4-1-2: Streets and Alleys:
All streets and alleys shall be constructed in accordance with the standards and
specifications adopted by the Ada County highway district.
9-4-1-3: Curbs and Gutters:
A. Generally:
3. All construction shall be in accordance with the standards and
specifications adopted by the Ada County highway district.
9-4-1-5: Streetlights:
All subdividers within the city limits and within the area of city impact shall be
required to install, at the subdividers' expense, streetlights in accordance with city
specifications and standards at locations designated by the "administrator" (as
defined by section 9-1-6 of this title, or his/her representative, hereinafter referred
to as "administrator"). After installation and acceptance by the administrator, the
city shall have the right to pay the cost of maintenance and power and assume
ownership of the streetlights.
9-4-1-6: PedestrianlBicycle and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonmotorized
forms of travel, and to provide safe, convenient and aesthetic alternative travel
routes to common destinations such as schools, parks, shopping centers, etc.
The following factors will be considered in the placement of any pathway: the
utility and need for a given pathway, impacts to existing neighborhoods,
compliance with the transportation/pathway network maps within the
comprehensive plan, pathway design as it relates to both crime prevention and
function, and the responsibilities of ownership, maintenance, and liability.
B. Location:
I. The city shall require the creation and maintenance of pathways, (except in
cases where it is shown to be inappropriate), that provides access to adjacent:
Page 27 of 54
KIPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzrdoc
c. Adopted pathway elements within the comprehensive plan and the
ridge to rivers pathway plan;
d. Neighborhoods;
g. Transportation or other community facilities, and vacant parcels. held
either publicly or privately which could provide future neighborhood
connection(s) to the above noted sites; and
h. In similar cases where deemed appropriate.
D. Pathway Design: While the city may exercise considerable discretion in
detennining the design of pathways, the following minimum standards should
be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet
(10') in width. Micropathways within subdivisions which are designed for
primary use by the residences of the subdivision shall be a minimum six
feet (6') wide and shall be located within a sixteen foot (16') wide
pedestrian access easement. Regional pathways such as the Boise River
greenbelt and pathways located adjacent to major roadways shall be a
minimum ten feet (10') wide and shall be located within a twenty foot
(20') wide pedestrian access easement.
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.
2. City Of Eagle: When location, length and design of a path have been
agreed upon by the city of Eagle and the developer, the city may accept
maintenance and liability for the pathways as designated in the
comprehensive plan, so long as the pathway is in good condition and
repaIr.
F. Sidewalk Design:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides
of the street; except, that where the average width of lots, as measured at
the street frontage line or at the building setback line, is over one hundred
feet (100'), sidewalks on only one side of the street may be allowed.
Page 28 of 54
KIPlanning DeptlEagle ApplicationslSUBS\20061Eagle Gateway South pzrdoc
2. Sidewalks and crosswalks shall be constructed and maintained in
accordance with the standards and specifications of the Ada County
highway district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or
back of curb by a minimum five foot (5') wide landscape strip. The
landscape strip shall be completed with sod, automatic irrigation, and
planted with three inch (3") minimum caliper shade class trees along all
streets within the subdivision. Installation of landscaping shall be in
accordance with section 8-2A-7 of this code.
9-4-1-8: Underground Utilities:
Underground utilities are required.
9-4-1-9: Water Supply and Sewer Systems:
A. Construction; Extension: All public water supply or sewer systems (serving 2
or more separate premises or households) shall be constructed in accordance
with any adopted local plans and specifications. All new public water supply
or sewer systems shall be an extension of an existing public system whenever
possible. In the event that the proposed public water supply or sewer system is
not an extension of an existing public system, there shall be a showing by the
subdivider that the extension is not feasible and not in the best interest of the
public.
9-4-1-10: Storm Drainage, Flood Controls:
A. Adequate Storm Drainage System: An adequate stonn 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.
C. Curb, Gutter And Pavement Design: Curb, gutter and pavement design shall
be such that water on roadways is prevented from flowing off the roadway.
F. Deposit Of Waste Material Prohibited: Waste material from construction,
including soil and other solid materials, shall not be deposited within the 100-
year floodplain.
N. Drainage System Plans: Drainage system plans shall show how lots will be
graded so that all runoff runs either over the curb, or to a drainage easement,
and that no runoff shall cross any lot line onto another lot except within a
drainage easement.
9-4-1-11: Fire Hydrants and Water Mains:
Adequate fire protection shall be required in accordance with the appropriate fire
district standards.
Page 29 of 54
K:IPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzrdoc
. Eagle City Code, Chapter 5, Special Development Subdivisions:
9-5-1: Purpose and Summary of Provisions:
The purpose of this chapter is to identifY various types of developments that normally
pose special concerns to the elected officials when reviewing and acting upon
subdivision requests. This chapter outlines the plan submittal requirements and design
standards that shall be taken into consideration when acting on special developments.
9-5-2: Supplementary Provisions:
The provisions of this chapter are in addition to the plan requirements, design
standards and improvement standards that are required by chapters 2, 3. and 4 of
this title,
9-5-4: Planned Unit and Condominium Subdivisions:
9-5-4-1 Application of Provisions:
In addition to the requirements of this chapter, planned unit and condominium
developments shall also be subject to requirements set forth in title 8 (zoning),
title 10 (flood control), and title 8, chapter 2, article A (DR design review overlay
district) of this code.
9-5-4-4: Control During Development, Time Limit:
Single ownership or control during development shall be required and a time limit
may be imposed to guarantee the development is built and constructed as planned.
9-5-7: Subdivision Within A Floodplain:
In addition to the provisions of this title, any subdivision within the designated
flood plain of the city shall comply with all applicable provisions of the flood
plain regulations of the city as now in effect or as may hereafter be amended.
9-5-8: Subdivision Within an Area of Critical Concern:
A. Designation Of Areas Of Critical Concern: Hazardous or unique areas may be
designated as an area of critical concern by the city councilor by the state of
Idaho. Special consideration shall be given to any proposed development
within an area of critical concern to assure that the development is necessary
and desirable and in the public interest in view of the existing unique
conditions. Hazardous or unique areas that may be designated as areas of
critical concern are as follows:
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
10. Other areas of critical concern.
Page 30 of 54
K:IPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzfdoc
B. Environmental Assessment Plan: The developer shall prepare and submit an
environmental assessment along with the preliminary plat application for any
development that is proposed within an area of critical concern.
The content of the environmental assessment shall be prepared by an
interdisciplinary team of professionals that shall provide answers to the
following questions:
1. What changes will occur to the area of environmental concern as a
result of the proposed development?
2. What corrective action or alternative development plans could occur
so as not to significantly change the area of environmental concern?
3. What changes in the area of environmental concern are unavoidable?
4. What beneficial or detrimental effect would the development have on
the environment including, but not limited to, animal life, plant life,
social concerns, economic, noise, visual, available farm land and
other?
C. Areas Of Critical Concern: The following areas are specifically identified as areas
of critical concern:
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.
DISCUSSION:
. The Comprehensive Plan's Land Use Map designates this site as Mixed Use and
Floodway. A portion of the site is currently zoned MU (Mixed Use). The applicant is
proposing a combined single-family residential, residential condominium, and
retail/office/commercial mixed use development. The lands to the west (Lonesome Dove
development) and north (Eagle Gateway North) are zoned and will be developed under the
MU-DA (Mixed Use with a development agreement) zone. The property to the south
(Williamson Horse Ranch) will be buffered by the river from the proposed development;
therefore staff believes that a MU-DA (Mixed Use with a development agreement) zoning
classification for this site is appropriate.
The applicant is proposing 114-residential units (n-single-family lots, 42-units located within
4 multi-family buildings). The proposed density (based on 18.36 acres for the residential
area located outside of the Floodway) is 6.2 dwelling units per acre. The Mixed Use area
is designated to allow up to ten (10) units per acre. The City encourages this area to be
high density due to its proximity to the city center, services and a principal arterial State
Highway 44. The applicant should provide a revised Concept Plan and preliminary plat
showing the residential density to be approximately ten (10) units per acre as permitted
within a MU (Mixed Use) zone prior to submitting a Design Review application.
The Concept Plan date stamped by the City on January 10, 2007, shows a mixed use
Page 31 of 54
KIPlanning DeptlEagle ApplicationslSUBSl2006lEag1e Gateway South pzrdoc
commercial area north of Riverside Drive with three (3) entrances from Riverside Drive.
The Concept Plan also shows two (2) office buildings south of Riverside Drive, which will
have an entrance point from Imnaha Avenue. The preliminary plat and Concept Plan also
shows a residential area south of the retail/ commercial area across Riverside Drive. The
required buffer area will be required between residential area and Riverside Drive. The
applicant should provide a revised Concept Plan and preliminary plat showing the
required buffer area between the residential area and Riverside Drive prior to submitting a
Design Review application.
The Concept Plan date stamped by the City on January 10,2007, provides a Parking Analysis
for the buildings and the proposed uses. The applicant's representative indicated within
the provided narrative date stamped by the City on January 10, 2007, that they are
proposing 650 parking spaces within the commercial area. The exhibits provided (date
stamped by the City on January 10,2007) supporting the section of the narrative regarding
joint/collective parking indicates that the site will have 660 parking spaces. The Parking
Analysis shows the retail building's required parking to be calculated utilizing half the
space to be retail and the other half to be restaurant. During the time we have been
working with the applicant regarding the location of the buildings adjacent to State
Highway 44 and the need to move the theater to a different location on the site, the City
has received three concept plans and two exhibits regarding joint/collective parking. At
the time the concept plans and exhibits with proposed parking were submitted showing
total building square footage, and required parking spaces per Eagle City Code (based on
previous discussion for retail/restaurant calculation) were as follows:
Conceot Plan Parkin!! Exhibit/Soaces Buildin!! (sa. ft.) Reouired Soaces
11/17/06 11/17/06 774 127,500* 1053
12/07/06 Same as above 190,700* 1218
01/1 0/07 01/10/07 660 200,200 1352
*Note-inclusive of theater which requires parking spaces based on seats (1800 seats/ ECC
requires 1 per 3 seats - 600 required spaces)
Joint/Collective Parkin!! Facilities: Concerns shown in italics
A. Off street parking spaces required by this chapter for any specific use shall not be
considered as providing parking spaces for any other use except where a joint/collective
parking facility has been approved pursuant to the following:
1. The aoolicant shall show that:
There is no substantial conflict in the principal operating hours of the building, structure
or use for which the joint/collective parking facility is proposed;
The applicant indicates the customers of the retail/restaurant and theater will be one
in the same. The retail/restaurant and theater more than likely will have close to the
same hours of operation with weekends being their peak time of operation. The
difference between the number of spaces required and the number of spaces provided
is /85 during peak time. If the theater is open for matinees during the weekday the
required number of 5paces for the site (not inclusive of the theater) would be 752
spaces at peak time (92 more than the provided spaces). As indicated within the
Parking Analysis the retail space is calculated as being split evenly between retail
and restaurant. It should be noted that the restaurants will more than likely be at peak
time during the lunch hour and the retail uses may also pick up additional traffic
during the lunch hour due to customers running errands during their lunch hour.
Page 32 of 54
K:IPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzfdoc
The peak hours of parking demand from the uses shall not coincide so that the peak
demand will be less than the parking required;
Should the theater be open for matinees the office use will be at peak demand using
507 spaces of the proposed 660 thus leaving only 153 5paces to be shared by the
retail/restaurant and theater employees and customer use.
On weekends the peak hours for the retail/restaurant use and the theater use parking
demand may coincide with each other. The theater exhibit showing theater attendance
provided by the applicant for a three (3) month period shows the jiillowing
attendance percentages during the day: Saturday 45% and Sunday 64%
The shared parking spaces shall serve the uses without conflict;
As indicated in (b) there may be conflicts regarding peak demand.
The adequacy of the quantity and efficiency of parking provided will equal or exceed the
level that can be expected if a joint/collective parking facility was not requested; and
The applicant has failed to prove that the quantity and ejjiciency of parking equals or
exceeds the level that can be expected if a joint/collective parking facility. The total
number of spaces required is 1352, the number proposed to be provided is 660 (less
than half of the number required based on the proposed size of buildings lInd
associated uses).
e. If a public transit system serves the area, the applicant may provide documentation
showing that the parking demand will be reduced.
There is not a public transit system serving the City of Eagle.
2. The proposed reduction of required spaces, applicable to each use, shall be shown by
the applicant.
The applicant has not provided the specific reduction of spaces based 0/1 each
applicable use.
3. The city may require the applicant to submit survey data, or additional documentation
substantiating a request for a joint/collective parking facility.
The applicant has provided a survey of theater use however, they have not provided a
survey for retail/restaurant use.
4. The joint/collective parking facility may be on a site other than the site where the use
is located, but shall be located no further than that pennitted by subsection 8-4-4-1 A
of this chapter. N/A
5. The spaces to be provided shall be available as long as the uses requiring the spaces are
in operation.
The entire parking area is located.
The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use, approved by
the city attorney as to form and content, and such agreement, when approved as
conforming to the provisions of this chapter, shall be recorded in the office of
the county recorder and copies thereof filed with the zoning administrator prior
to issuance of a building/zoning permit, or prior to issuance of a certificate of
occupancy, whichever occurs first. The agreement shall include:
A guarantee that there will be no substantial alteration in the uses that will create a
Page 33 of 54
K:IPlanmng DeptlEag1e ApplicationslSUBS120061Eagle Gateway South pzfdoc
greater demand for parking;
The applicant has already provided a Parking Analysis showing a scenario for the
retail area to contain half retail and half restaurant use.
c. A guarantee among the landowners for access to a use of the joint/collective parking
facility;
A guarantee may be provided through a business owners association.
c. A provision that the city may require parking facilities in addition to those originally
approved upon findings by the city council that adequate parking to serve the uses has
not been provided;
Staff recommends that additional parking be provided or a parking facility which
meets the requirements of Eagle City Code, Section 8-2A, be constructed on site.
The applicant's narrative, which references the proposed joint/collective parking and
provides exhibits regarding parking use based on weekdays versus weekends, fails to
address the requirements per Eagle City Code (as shown above) to allow for an onsite
joint/collective parking agreement. The applicant should provide a revised Concept
Plan showing proposed building sizes, proposed uses and sufficient required parking
or propose a parking structure that will provide the required parking for the site prior
to the submittal of a Design Review application.
The lots for the single-family dwellings within this development vary in width from forty feet
(40') to approximately fifty-three feet (53') in width. Staff is concerned that when
driveways are placed to access each lot the proximity of the driveways will not leave much
of a planter strip adjacent to the detached sidewalk. It would be preferable for these lots to
have rear-loaded garages to maintain a "quaint" appearance adjacent to the street through
the use of planter strips and detached sidewalks. Another alternative would be to require
the developer to provide a revised concept plan showing the single-family lots to have
shared driveways. With this type of development, deviations from standard minimums
within the code are to be considered, including setbacks, lot coverage, and lot size and
width.
The applicant is proposing the following setbacks and lot coverage staff's recommended
changes are shown in bold next to the applicant's requests:
Single Family Residential:
Lots 1-27
Front (Exhibit D)
Rear
10 feet (measured from back of sidewalk) for
covered porches or less than 50% of building
mass (A Lots-As shown on Exhibit D)
15 feet (measured from back of sidewalk) for
covered porches or less than 50% of building
mass (B Lots-As shown on Exhibit D)
20 feet (to garage)
10 feet (river side) 20 feet
Interior Side
Additional Setback for
7.5 feet
Page 34 of 54
K:IPlanning DeptlEagle ApplicatiollslSUBS120061Eagle Gateway South pzfdoc
Multi-Story structures
Street Side
2.5 feet
I 0 feet
Lots 28-72
Front (Exhibit D)
10 feet (measured from back of sidewalk) for
covered porches or less than 50% of building
mass (A Lots-As shown on Exhibit D)
15 feet (measured from back of sidewalk) for
covered porches or less than 50% of building
mass (B Lots-As shown on Exhibit D)
20 feet (to garage)
10 feet (pond side) 20 feet
5 feet
10 feet
Rear
Interior Side (up to two-story)
Street Side
Multi-family Condominiums:
Front
Rear
Interior Side
Street Side
15 feet
I 0 feet 20 feet
7.5 feet (2-story) /12.5 feet (3-story)
IS feet
Mixed Use /Office/ Retail Commercial Buildings
Front 7.5 feet
(allows canopies, awnings, etc. to encroach) (typ.
at west end of Riverside Drive near Edgewood
and along Edgewood)
20 feet (typical unless noted otherwise)
Rear 1 0 feet
Interior Side 7.5 feet (2-story) / 12.5 feet (3-story)
Street Side 7.5 feet (allows canopies, awnings, etc. to
encroach)
Maximum Coverage: 60%
The proposed site lies within the Boise River floodway and floodplain as delineated in the
FEMA, Flood Insurance Rate Maps (Panel numbers 154 & 162) map revision dated
February 19,2003. Prior to commencing work on this site a Floodplain Permit will be
required.
Boise Flood Control District No. 10 (FCD 1 0), through their representative Steve Sweet,
P.E., submitted correspondence, date stamped by the City on December 14, 2006,
indicating that FCD No. 10 has adopted Resolution 02-2006 for review and approval of
proposed projects within the jurisdiction of FCD 1 O. FCD I 0 indicated that, due to the
relatively high-density project being constructed in an area which is predominately
flood way and floodplain property, issues concerning an increase in the Base Flood
Elevation and the provision of adequate river maintenance access and the provision of a
Page 35 of 54
K:IPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzrdoc
flood mitigation plan remains to be addressed. FCD 10 is requesting the applicant comply
with Resolutions 01-2003 and 02-2006, as adopted by Boise River Flood Control District
No. 10 regarding access for maintenance and site development. The applicant should
provide an approved Land Use Change/Site Development Application from FCDl 0 prior
to submitting a design review application.
Due to the location of this site in proximity to the Boise River, a 404-Pennit 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 a final plat application.
. The 2000 Eagle City Comprehensive Plan Transportation/Pathway Network Map # I of 2
shows a pathway adjacent to the north side of the North Channel of the Boise River. The
site currently does not have a greenway easement or natural pathway adjacent to the Boise
River. The Concept Plan date stamped by the City on January 10, 2007, shows pathway
connections to the greenbelt located adjacent to the east and west boundaries of the
development. There are also two pathway connections centrally located through common
lots approximately 450' and 990' west of eastern property line for use by the residents of
the development to the open space area within the floodway area. The applicant should
meet with the City's Park and Pathway Development Committee prior to submitting an
application for Design Review approval to detennine the specific location of the greenbelt
pathway which should be located in alignment with the greenbelt pathway approved with
the Lonesome Dove application. Greenbelt pathways are required to be located within a
twenty-five foot (25') wide easement and have a minimum pathway width often feet (10')
wide with a cinder or paved surface. 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 January 10, 2007 shows the condominium units
located adjacent to Riverside Drive without an area provided for buffering. Riverside
Drive is designated as an urban collector therefore, the developer should provide a revised
Concept Plan and preliminary plat showing the required buffer area to be located within a
thirty-five foot (35') wide common lot between the residential area and Riverside Drive
prior to submitting a Design Review application.
The preliminary plat date stamped by the City on January 10,2007, shows Edgewood Way to
be constructed on the west boundary of the proposed subdivision to be on both sides of the
boundary line. Due to the re-alignment of Riverside Drive and the construction of Lone
Cove and Lone Creek Streets within the adjacent development that connect to Edgewood
Way it is imperative that Edgewood Way be constructed as a full street section prior to the
issuance of building permits. ACHD indicated within their staff report that the applicant
and the adjacent landowner to the west have coordinated the re-alignment and
continuation of Edgewood Way. Per Eagle City Code satisfactory assurance for dedication
of the remaining street should be provided. The applicant should provide a Memorandum
of Agreement (MOA) with the adjacent landowners to the west that Edgewood Way is to
be completed as a full street section. This documentation should be provided prior to
submitting a final plat application.
The preliminary plat date stamped by the City on January 10, 2007, shows Lots 3-5, Block 2,
to be through lots connecting Edgewood Way and Imnaha Avenue. The Concept Plan
provided as part of the development agreement for the rezone associated with this
application shows these lots to contain townhouse units and a parking lot with no access to
Edgewood Way. The applicant should provide a revised preliminary plat with a plat note
stating that Lots 3-5, Block 2, shall not have direct access to Edgewood Way prior to
Page 36 of 54
K:IPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzfdoc
submitting a final plat application.
The preliminary plat date stamped by the City on January 10, 2007, shows Lots 2-6, Block I,
being separated from State Highway 44 by a twenty-foot (20') wide lot (Lot I, Block I).
Lot 14, Block I, as shown on the preliminary plat is located on the northeast corner of
Edgewood Way and Riverside Drive. The applicant should provide a revised preliminary
plat with a plat note stating that Lot 2-6, Block I, shall not have direct access to State
Highway 44 and Lot 14, Block I, shall not have direct access to Edgewood Way, prior to
submitting a final plat application.
The preliminary plat date stamped by the City on January 10,2007, does not recognize which
lots are common lots within the subdivision. The applicant should provide a revised
preliminary plat with a plat note indicating which lots are common lots or demarcate the
common lots on the plat prior to submitting a final plat application.
The applicant's representative indicated within the submitted narrative dated November 8,
2006, and as delineated on the preliminary plat that the proposed pathways within the
development will be approximately five feet (5') in width. The preliminary plat also does
not show all the pathways as shown on the Concept Plan date stamped by the City on
January 10,2007. Per Eagle City requirements, micro pathways within subdivisions are to
be a minimum of eight feet (8') in width. The applicant should provide a revised
preliminary plat showing all proposed pathways as shown on the Concept Plan within the
residential area to be a minimum of eight feet (8') in width prior to submitting a Design
Review application.
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 town homes 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 prior to submitting a final plat application. This has been incorporated into the
Development Agreement and should be completed prior to submittal a final plat
application.
Julie Lafferty, City Forester, provided a map of the existing trees, tree valuations, and a report
dated April 5, 2007, regarding the trees on the site. The applicant would be required to
mitigate for the existing trees due to the proposed location of the roads and buildable area
of the lots.
The applicant requested a height exception for the condominium units within the justification
narrative for the rezone. The City requires that height exceptions be reviewed and
approved through the conditional use permit process. If the applicant wants a height
exception for structures within the development an application for a conditional use pennit
should be submitted.
In discussions between the applicant and staff. The applicant indicated that the area located
within the floodway is to be donated to the City for a future park/nature area and is not
proposed to be developed with the development. This area is included in the open space
Page 37 of 54
K:IPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzfdoc
calculation for the development. The area the applicant has indicated will be donated to
the City is labeled "Striped area south of proposed property line to be donated to the City
of Eagle" on the Concept Plan date stamped by the City on January 10, 2007. The
described area is 22.16 acre in size and is shown as Lot 31, Block 9, on the preliminary
plat date stamped by the City on January 10, 2007. The following language should be
conditioned within the development agreement. Prior to the developer donating the 22.17
acre site to the City of Eagle for a park/nature area the applicant should work with the City
to reach an agreement for the donation of the site.
ECC Section 9-5-4-3 (C) requires that storage areas be provided for the anticipated needs of
boats, campers, and trailers, The applicant has not specified how the storage of boats,
campers, and trailers will be accommodated, whether in a centrally located, screened
enclosure, or upon each individual lot. Past City Council action has allowed for storage to
be addressed through the CC&R's requiring storage of boats, campers and trailers to be
off-site. 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, or off-site.
ECC Section 9-5-4-3 (E) requires that a maintenance building be provided of such size and in
such location as is suitable for the service needs that are necessary for the repair and
maintenance of all common areas. However, the applicant has not provided infonnation 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 and approval by the
City Attorney which define the guidelines for the contracting of an outside maintenance
firm, prior to submitting a final plat application.
The existing power utilities to the site are located overhead. Per Eagle City Code, underground
utilities are required. Layne Dodson representing Idaho Power Company indicated in
correspondence date stamped by the City on November 22, 2006, that there is limited
electrical capacity currently available in the project area. This area may possibly require
significant electrical distribution system upgrades and modifications for electrical service.
The applicant should contact Idaho Power Company to begin engineering a solution to
serve the project. The applicant should also be required to place all utilities underground
prior to the City Clerk signing the final plat.
STAFF RECOMMENDED FINDINGS PROVIDED WITHIN THE STAFF REPORT:
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:
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;
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;
The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with
Page 38 of 54
K:IPlanning DeptlEagle ApphcationslSUBS120061Eagle Gateway South pzrdoc
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 development.
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 River;
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
No non-conforming uses are expected to be created with this rezone.
Preliminary Plat: With regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the Commission
and Council", and based upon the information provided to staff to date, staff believes that
the proposed preliminary plat is in accordance with the City of Eagle Code because:
a. The subdivision will be hannonious 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;
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.
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 public hearing on the applications was held before the Planning and Zoning Commission on
January 8, 2007. The Commission continued the item to January 22,2007, at which time the
applications were remanded to staff until further notice. The applications were re-noticed and
came before the Eagle Planning and Zoning Commission for their consideration on April 16,
Page 39 of 54
K:IPlanning DeptlEagle ApplicationslSUBS\20061Eagle Gateway South pzfdoc
2007, at which time public testimony was taken, the public hearing was closed and the
Commission made their recommendation at that time.
Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by
one (1) individual who indicated that he may be a possible investor in the development and
feels the commercial portion of the development as proposed will have adequate parking to
serve the site.
Oral testimony in opposition to this proposal was presented by no one.
COMMISSION DECISION REGARDING THE REZONE AND DEVELOPMENT
AGREEMENT:
The Commission voted 5 to 0 to recommend approval of A-18-06 and RZ-24-06 for an annexation
and rezone from RUT and MU to MU-DA, for Cornerstone Group, LLC, with the following staff
recommended conditions to be placed within a development agreement.
3.1 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding
floodplain development permit review, design review, preliminary and final plat reviews,
and/or any conditional use permits, if applicable, and any other applicable applications as may
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 represents the Owner's current concept for completion of the project. As
the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment
due to potential impacts on surrounding property or the community, a public hearing shall be
held on any proposed changes in the Concept Plan, notice shall be provided as may be
required by the City.
However, the residential portion of this development proposal is recognized by Eagle and
Applicant as a desired component to a mixed use development. A residential component of
similar size and area to that depicted in the Concept Plan with the provisions and allowances
contained herein, shall be maintained.
3.3 The total number of residential units on the Property shall not exceed 183-units in the
aggregate, Development of the residential portion of the Property will be pennitted through
the Design Review process and future conditional use permits for the residential development
will not be required. A separate application shall be submitted for a conditional use permit for
a height exceptions.
3.4 The Setbacks shall be as follows:
Single Family Residential:
Lots 1-27
Front (Exhibit D)
10 feet (measured from back of sidewalk) for
covered porches or less than 50% of building
mass (A Lots-As shown on Exhibit D)
15 feet (measured from back of sidewalk) for
covered porches or less than 50% of building
mass (B Lots-As shown on Exhibit D)
20 feet (to garage)
Page 40 of 54
K:IPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzfdoc
Rear
Interior Side
Additional Setback for
Multi-Story structures
Street Side
Lots 28-72
Front (Exhibit D)
Rear
Interior Side (up to two-story)
Street Side
Multi-family Condominiums:
Front
Rear
Interior Side
Street Side
20 feet (river side)
7.5 feet
2.5 feet
I 0 feet
10 feet (measured from back of sidewalk) for
covered porches or less than 50% of building
mass (A Lots-As shown on Exhibit D)
15 feet (measured from back of sidewalk) for
covered porches or less than 50% of building
mass (B Lots-As shown on Exhibit D)
20 feet (to garage)
20 feet (pond side)
5 feet
I 0 feet
15 feet
20 feet
7.5 feet (2-story) /12.5 feet (3-story)
1 5 feet
Mixed Use /Office/ Retail Commercial Buildings
Front 7.5 feet
Rear
Interior Side
Street Side
Maximum Coverage:
60%
(allows canopies, awnings, etc. to encroach) (typ.
at west end of Riverside Drive near Edgewood
and along Edgewood)
20 feet (typical unless noted otherwise)
10 feet
7.5 feet (2-story) /12.5 feet (3-story)
7.5 feet (allows canopies, awnings, etc. to
encroach)
All single family residential structures shall require Architectural Control Committee (ACC)
approval prior to the issuance of any building permits to assure that the homes are designed to
be compatible and consistent with the "Craftsman" theme of the development.
3.5 The Mixed Use area of the Property as depicted on the concept plan is to be developed with a
combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3
"Official Schedule of District Regulations" under the MU zoning designation (except as
Page 41 of 54
KIPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzfdoc
pennitted in Section 3.6, below). Retail/office buildings shall not exceed a maximum of a
15,000 square foot footprint are permitted for this area.
3.6 Except for the limitations and allowances expressly set forth above and the other tenns of this
Agreement, the Property can be developed and used consistent with the Mixed Use District
land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations", existing at the time a design review application or conditional use pertnit
application (whichever the case may be) is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses
and all uses shown as "C" conditional uses under the MU zoning designation shall require a
conditional use permit, except that the residential portions of the Property described in Section
3.3 shall not require a conditional use permit.
The following uses which are shown as "C" conditional uses under the MU zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations,"
shall be permitted uses on the Property:
. Bar
. Retail Sales
. Commercial Entertainment Facility (Theater)
In addition to all other uses prohibited within said section of Eagle City Code and on the
entire Property as noted above, the following uses shall also be prohibited on the Property:
.
Residential, Mobile Home (Single Unit);
Residential, Mobile Home (Single Unit Temporary Living Quarters);
Residential, Mobile Home Park;
Adult Business;
Automotive washing facility;
Cemetery;
Circuses and Carnivals;
Drive-In Theatre;
Equipment Rental and Sales Yard;
Kennel;
Nursery, plant materials;
Riding Academies/Stables;
Small Engine Repair;
Storage (fenced area);
.
.
.
.
.
.
.
.
.
.
.
.
.
3.7 The conditions, covenants and restrictions for the Property shall contain at least the
following:
(a) An allocation of responsibility for maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, parking lots, and amenities.
(b) A requirement insuring compliance with the Design Guidelines approved with this
Agreement.
Page 42 of 54
K:IPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzLdoc
(c) A requirement for all fencing within the development to be open-style such as
wrought iron, extruded aluminum (looks identical to wrought iron), or three-rail-
type wooden decorative fencing. All other fencing (ie. cedar fencing, vinyl,
chainlink) shall be prohibited.
3.7.1 The applicant shall place a note on the final plat that all common areas are to be
owned and maintained by the Owners Association(s) for the development. The applicant
shall provide a copy of the CC&Rs (which include a similar statement regarding the
common areas) for review and approval by the City attorney prior to the approval of the
first final plat. The CC&Rs shall provide that the association(s) shall have the duty to
maintain and operate all of the common landscape areas in the subdivision in a competent
and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees, in accordance with Eagle City Code, in perpetuity.
3.8 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning
and platting while still maintaining the general intent of the Conceptual Plan with the
requirements set forth in this Development Agreement. Specific design elements shall be
clarified during the platting and design review application processes. However, the
streetscape as shown on the concept plan (center landscape islands, street trees, pool,
poolhouse, and, children's play areas) shall be required design elements as part of the final
design for the site. The overall open space for the site shall remain a minimum of 40%
(inclusive of the area which is to be donated to the City). For the purpose of this
Agreement, open space shall be defined as all areas other than buildings, parking lots,
roadways, and individual, fee-simple residential building envelopes.
3.9 The applicant's property shall comply with all applicable Eagle Sewer District's regulations
and conditions prior to the submittal of a final plat application. Prior to issuance of any
building permits, Applicant shall provide proof of central sewer service to the proposed
residential and commercial uses. A letter of approval shall be provided to the City from the
Idaho Department of Health and Welfare, Department of Environmental Quality. and/or
Central District Health, prior to issuance of any building permits.
3.10 Applicant shall provide a report or analysis of any proposed changes to wetlands located on
the Property and any such change shall be contingent upon approval by the Idaho Fish &
Game Department (if applicable), the Idaho Department of Water Resources (if app I icable),
the Army Corps of Engineers, the City of Eagle, and any other appropriate governmental
agencies, and shall be in accordance with the Eagle Comprehensive Plan and City Code.
Applicant agrees all development and improvement of the Property shall comply with rule
and regulations pertaining to regulated wetlands prior to submittal of a final plat application.
3.11 Applicant will comply with all applicable provisions of Title 10, Flood Control, of the Eagle
City Code.
3.12 A minimum of one emergency and/or service access point to the Boise River for the use of
repair and rescue equipment and personnel shall be provided. Location and width of
emergency and/or service access shall be as detennined in coordination with the City of
Eagle Park and Pathway Development Committee, Eagle Fire Department, and Boise River
Flood Control District # 1 0 and approved by the Eagle City Council prior to City approval of
a master design review application for the Property.
Page 43 of 54
K:IPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzfdoc
3.13 The development is to incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains,
benches, tables, etc.).
3.14 The single-family dwellings shall be constructed utilizing" Craftsman/Americana" style
architecture. Commercial/retail buildings, multi-family residential condominiums, single-
family dwellings, and pool house shall be required to meet the design review requirements
as set forth in Eagle City Code and the Eagle Architecture and Site Design book. Eagle
Design Review Board and Eagle City Council approval of the detailed architectural plans for
the development is required prior to the issuance of building penn its for commercial/retail
buildings, multi-family residential condominiums, pool house, pumphouse for irrigation, and
gazebos.
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CCR&S. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&R's, and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building pennit applications that do not have an approval letter attached will
not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to
deny, at its discretion, any building permit application that does not meet the design
requirements as may be stipulated by the Eagle Design Review Board and Eagle City
Council.
3.15 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of the final plat. The plans shall show how the lights will
facilitate the "Dark Sky" concept oflighting.
3.16 The applicant shall submit a design review application showing at a minimum: I) proposed
development signage, 2) planting details within the proposed and required landscape islands
and all common areas throughout the development, 3) landscape screening details and
buffering for the residential units adjacent to Riverside Drive 4) elevation plans for all
proposed common area structures and irrigation pump house (if proposed), 5) landscape
screening details of the irrigation pump house (if proposed), 6) useable amenities such as
picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar
amenities, 7) design of ponds to be constructed in reference to mosquito abatement. The
design review application shall be reviewed and approved by the Eagle Design Review
Board and Eagle City Council prior to the submittal of the first final plat.
3.17 Applicant shall provide a pool and poolhouse as generally depicted on the Concept Plan.
The intent of the pool and poolhouse is to provide a venue for 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 building permit. Applicant shall provide a surety for completion of the
poolhouse and pool prior to the City Clerk signing the final plat for Phase No.1.
3.18 All living trees that do not encroach upon the buildable area on any lot shall be preserved,
unless otherwise determined by the City Forester. A detailed landscape plan showing how
the trees will be integrated into the open space areas (unless approved for removal by the
Page 44 of 54
K:IPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzfdoc
City Forester and the Design Review Board) shall be provided for Design Review Board
approval prior to the submittal of a final plat. The applicant shall have an on-site meeting
with the City Forester to survey all existing trees. Subsequent to the on-site meeting,
construction fencing shall be installed (pursuant to the City Forester's direction) to protect
all trees that are to be preserved, prior to the commencement of any constmction on the site.
3.19 Applicant shall provide pedestrian and bicycle public access as shown on the Concept Plan
from Riverside Drive to the paved greenbelt pathway located adjacent to the east and west
boundaries as shown on the preliminary plat date stamped by the City on January 10, 2007.
The public access to the pathway shall be reviewed and approved by the Eagle Parks and
Pathway Development Committee and the Design Review Board prior to submitting final
plat application.
3.20 Applicant shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6, a minimum ten foot (10') wide asphalt public pathway to be located within
a twenty-five foot (25') wide easement in alignment with the approved pathway located on
the property west of Eagle Gateway South. 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 Eagle Gateway South, upon recordation of the final
plat wherein the pathway is located. Other than any pathways approved by Eagle,
development within the Floodway and the open space area between the Eagle Gateway
South and the Boise River shall be prohibited.
3.21 Building placement shall be designed such that parking areas are not concentrated between
the buildings and Riverside Drive.
3.22 City of Eagle approvals shall be subject to any FEMA requirements.
3.23 Provide a license agreement from ACHD approving the landscaping located within the
public right-of-way abutting the northern boundary of the Property (Riverside Drive) prior to
the City Clerk signing the final plat.
3.24 Pathways connecting the residential areas to the commercial areas shall be provided.
3.25 The applicant shall tile the Ballantyne Ditch within the subject property as required by the
Ballantyne Irrigation Ditch Company prior to the City Clerk signing the final plat.
3.26 Provide documentation from Eagle Water Company and the Department of Environmental
Quality (Boise Regional Office) indicating that potable water service has been approved to
serve the site prior to the applicant submitting a final plat application.
3.27 Streets shall be constructed using the street section widths as shown on Exhibit C or as
otherwise approved by Ada County Highway District.
3.28 Provide an approved Land Use Change/Site Development Application from Boise River
Flood Control District No. 10 prior to submitting a final plat application.
3.29 Provide a Memorandum of Agreement (MOA) with the adjacent landowners to the west that
Edgewood Way is to be completed as a full street section. This documentation should be
provided prior to submitting a final plat application.
3.30 Prior to the developer donating the 22.17 acre site to the City of Eagle for a park/nature area
the applicant should work with the City to reach an agreement for the donation of the site.
Page 45 of 54
K:IPlanning DeptlEagle ApphcationslSUBS120061Eagle Gateway South pzfdoc
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 to 0* to recommend approval of PP-21-06 for a preliminary plat for
Eagle Gateway South for Cornerstone Group, LLC, with the following staff recommended site
specific conditions of approval and standard conditions of approval with strikethrough text to be
deleted by the Commission.
* Note - Although Commissioner Aspitarte voted in favor of the preliminary plat he requested that
it should be noted that he has a concern with the inadequate parking for the commercial
portion of the development.
SITE SPECIFIC CONDITIONS OF APPROVAL:
Comply with all conditions within the development agreement for rezone application RZ-24-06.
Comply with all requirements of the City Engineer.
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.
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-Pennit be required a copy of
the final approval from the Anny Corps of Engineers shall be required prior to submitting an
application for final plat approval.
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.
Provide a revised Concept Plan and preliminary plat showing the residential density to be
approximately ten (10) units per acre as permitted within a MU (Mixed Use) zone prior to
submitting a Design Review application.
Provide a revised concept plan showing the single-family lots to have shared driveways.
Provide a revised preliminary plat with a plat note stating that and Lot 14, Block I and Lot 3-5, Block
2, shall not have direct access to Edgewood Way prior to submitting a final plat application.
Provide a revised preliminary plat with a plat note stating that Lot 2-6, Block I, shall not have direct
access to State Highway 44, prior to submitting a final plat application.
Provide a revised preliminary plat with a plat note indicating which lots are common lots or demarcate
the common lots on the plat prior to submitting a final plat application.
Pro'iide a revised COfIeeflt PlaA realieiAg the bliildiAg sizes to aile'.\" for the reqliired flarlliAg or
flropese a ]'larkiAg strlleture tHat will provide the reqliired ]'larlliAg for tHe buildiAgs aAd the uses as
ShOWR OR the COReeflt PlaR prier to the slibmittiAg a DesigR Review a]'lfllieatieR.
Provide a revised Concept Plan and preliminary plat showing the inclusion of the required buffer area
within a common lot between the residential area and Riverside Drive prior to submitting a Design
Review application.
Provide a revised preliminary plat showing all proposed pathways as shown on the Concept Plan
within the residential area to be a minimum of eight feet (8') in width prior to submitting a Design
Review application.
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.
Page 46 of 54
KIPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzfdoc
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 150% of the cost of the installation of all landscape and
irrigation improvements. Trees shall be installed prior to obtaining any occupancy penn its for the
dwelling units. A temporary occupancy may be issued if weather does not pennit landscaping.
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 are to be preserved, prior to the commencement of any construction on the
site.
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-24-06 at the
time of issuance of a building permit.
Eagle Gateway South shall remain under the control of one Homeowners Association.
The applicant shall place a note on the final plat that all common lots are to be owned and maintained
by the Eagle Gateway South Homeowner's Association. The applicant shall provide a copy of the
CC&Rs which include a similar statement regarding the common lots for review and approval
prior to submittal of the final plat.
The applicant shall provide CC&Rs that the Eagle Gateway South Homeowner's Association shall
have the duty to maintain the pressurized irrigation system and all common landscape areas in the
subdivision are maintained in a competent and attractive manner, including the watering, mowing,
fertilizing and caring for shrubs and trees in perpetuity.
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.
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.
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.
All existing structures (houses, barns, sheds, etc.) shall be removed from the site prior to the City Clerk
signing the final plat. Demolition permits shall be obtained prior to the removal of said structures
and approval permits for the removal of the existing well and septic prior to submittal of a final
plat application.
Page 47 of 54
K:IPlanning DeptlEagle ApphcationslSUBS120061Eagle Gateway South pzfdoc
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.
Place a note on the final plat which states that the subdivision shall comply with Idaho Code Section
31-3805 concerning irrigation water.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (1.C. Title 50, Chapter 13 and 1.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat. (B.C.C. 9-20-
8.4).
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer 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 thata
Page 48 of 54
KIPlanning DeptlEagle Appl1cationslSUBS120061Eagle Gateway South pzf.doc
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.
II. 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
(I) 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.
\2. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the 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.
IS. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
Page 49 of 54
KIPlanning DeptlEag1e ApplicationsISUBSI2006\Eag1e Gateway South pzf.doc
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 submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision sign age prior to the City Engineer signing the
final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25. Basements in homes in the flood plain are prohibited.
26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
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.
No public board, agency, commission, official or other authority shall proceed with the construction of or
authorize the construction of any of the public improvements required by the Eagle City Code
Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC
9-6-5 (A) (2)).
Page 50 of 54
K:IPlanning DeptlEagle ApplicationslSUBS120061Eagle Gateway South pzfdoc
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
perfonnance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
30. 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.
30. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
30. 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.
30. Place a note on the final plat which states in general that surrounding land with fann uses and
related activities shall be protected pursuant to the Idaho Right to Fann Act.
30. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
A Neighborhood Meeting was held at 6:00 PM, Monday, November 6, 2006, at Cornerstone Group's
office, located at 291 E. Shore Drive, Suite 200, in compliance with the application submittal
requirement of Eagle City Code. The applications for the Annexation and Rezone were received by the
City of Eagle on November 17,2006. The application for the Preliminary Plat was received by the City
on December 8, 2006.
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 011
March 26, 2007. 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 March 26, 2007. Requests for agencies' reviews for the
annexation and rezone were transmitted on November 21, 2006, in accordance with the requirements
of the Eagle City Code. Requests for agencies' reviews for the preliminary plat was transmitted on
December 12, 2006, in accordance with the requirements of the Eagle City Code. The site was posted
in accordance with the Eagle City Code on AprilS, 2007.
The Commission reviewed the particular facts and circumstances of this proposed annexation and rezone
with development agreement (in lieu of a PUD), and preliminary plat (A-18-06/RZ-24-06/PP-21-06)
and based upon the information provided concludes that the proposed development is in accordance
with the City of Eagle Comprehensive Plan and established goals and objectives because:
Page 51 of 54
K:IPlanmng DeptlEagle ApplicationslSUBSI20061Eagle Gateway South pzfdoc
That the proposed development is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community because;
The intent of Eagle Gateway South is to provide a mixed use development with a variety of
commercial uses and residential housing varieties which is a goal of the City of Eagle PUD
ordinance. The location of the residential units in relation to the commercial area will provide
goods and services easily accessible to residents and promotes reduction in vehicle trips.
That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area because;
The development will be harmonious and appropriate in appearance with the proposed
development to be constructed on the adjacent property to the west (Lonesome Dove).
That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The development will take access from Edgewood Lane and Riverside Drive (urban collectors),
bordered on the north by State Highway 44, and will be developed similar to the adjacent property
to the west.
That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
This area is designated Mixed Use in the Comprehensive Plan therefore, the City encourages this
style of development for the area.
That the development will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer, and schools
because;
All central services are either available to the site or will be as conditioned herein, as noted within
the letters provided by the agencies having jurisdiction over the site. Development of sewer, water,
drainage, streets, and other urban services will be provided at the developer's expense.
That the development will not create excessive additional requirements at public cost for public
facilities and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses.
That the development is provided with parks, ponds, open areas, areas of special interest, floodplain
preservation, and/or other special features which would not typically be provided in a non-PUD
proposal because;
The development plan was designed with consideration for a park/nature area to be donated to the
City of Eagle, a commercial area is provided, and swimming pool and tot lots that provide an
opportunity for residents to live, work, and play in the neighborhood.
That the vehicular approaches to the property are designed to not create an interference with traffic on
surrounding public thoroughfares because;
Access to the development will be from Edgewood Lane and Riverside Drive (urban collectors)
from State Highway 44. The development will include stub streets to the adjacent parcels of this
development which will provide intra-neighborhood connectivity upon further development of
Page 52 of 54
KIPlanning DeptlEagle Applicatiol1slSUBSl2006lEag1e Gateway South pzrdoc
said property. The design and construction of the roadways and entrances is guided by the Ada
County Highway District.
That the development will not result in the destruction, loss, or damage of a natural, scenic or historic
feature of major importance because;
The developer has provided an Environmental Impact Assessment as required by Title 9 (Land
Subdivisions) and addressed the questions for areas of critical concerns accordingly.
That the proposed development will be hannonious with and in accordance with the general objectives
or with any specific objective of the Comprehensive Plan because;
The proposed development fits well with the Comprehensive Plan since the plan calls for Mixed
Use and will provide a variety of uses to accommodate residents and the general public.
That the proposed development will be harmonious with and in accordance with the general objectives
or with any specific objective of Eagle City Code Title 8 because;
This application requests approval for a development agreement in lieu of a PUD as outlined in
Eagle City Code and satisfies those requirements as well as will be required to meet the conditions
herein. In addition, the development will be required to submit an application for design review
and comply with all Eagle City Codes and conditions of approval of the design review.
That the benefits, combination of various land uses, and interrelationship with the surrounding area for
this proposed development justifies any proposed deviation from any standard district regulations
because;
The development provides for a mix of commercial and residential uses in proximity to a principal
arterial and provides pathway connections to adjacent developments and the City pathway
network.
The Commission reviewed the particular facts and circumstances of this proposed annexation and rezone
with development agreement (A-I8-06/RZ-24-06) with regard to Eagle City Code Section 8-7-5
"Action by the Commission and Council", and based upon the infonnation provided concludes that the
proposed annexation and rezone with development agreement is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
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;
The infonnation 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;
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 development.
The proposed MU-DA zone (Mixed Use with a Development Agreement) is compatible with the R-2
(Residential-up to two units per acre) zone and land use to the south since this area is developed
into a subdivision and is buffered from the proposed development by the Boise River;
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,
Page 53 of 54
K:IPlallning DeptlEagle ApplicationslSUBSI20061Eagle Gateway South pzfdoc
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
No non-conforming uses are expected to be created with this rezone.
The Commission reviewed the particular facts and circumstances of this proposed preliminary plat (PP-21-
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 and commercial uses are in
accordance with the mixed use land use designation of this area shown within the Comprehensive
Plan;
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.
DA TED this 7th day of May 2007.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada c~ounty, I~<::'<
ATTEST:
.................."
..' O\,.E * ".
... ~ .......~ '''..,
...... ~.... ~E -.. O~
: 4..:" ~t- /..:, ;;s:. \
: 0, f , ...,~\ < :
: >-: '" ,. ~ f: Q !
.~\O f.. .".....
~ ':"y\ v r;:t 0"'1 4.. ::
-:. ..., . --J" · 0 ::
~ -. Ur,lCo".- .....
.#, .... ...........,('~ .......
'. ~ ... ...., .'
"##, S \ ro. ,,"
I',.........",'
Page 54 of 54
K:IPlanning DeptlEagle ApplicationslSUBSl2006lEag1e Gateway South pzfdoc