Findings - PZ - 2007 - A-03-07/RZ-03-07/CU-02-07/PPUD-03-07/PP-07-07 - Rz From Rut To R1-Da/Eagle Commons(Aka Bald Eagle Pointe)55-Lot/49.5 Acre/
ORIGINAL
BEFORE TIlE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
AN ANNEXATION, REZONE WITH )
DEVELOPMENT AGREEMENT, CONDITIONAL )
USEPERNDT,PRELThfiNARYDEVELOPMENT )
PLAN, AND PRELThfiNARY PLAT FOR EAGLE )
COMMONS (AKA BALD EAGLE POINTE) )
PLANNED UNIT DEVELOPMENT FOR )
EAGLE COMMONS, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-03-07/RZ-03-07/CU-02-07/PPUD-03-07/PP-07-07
The above-entitled annexation, rezone with development agreement, conditional use, preliminary
development plan, and preliminary plat applications came before the Eagle Planning and Zoning
Commission for their recommendation on July 16, 2007. The 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:
Eagle Commons LLC, represented by Van Elg with The Land Group, Inc., is requesting
annexation and a rezone from RUT (Rural Urban Transition Ada County designation) to
R-I-DA (Residential up to one unit per acre with a development agreement), conditional
use permit, preliminary development plan, and preliminary plat approval for Eagle
Commons (AKA Bald Eagle Pointe), a 55-lot (45-residential, 9-common, I-right of way)
residential planned unit development. The 49.5-acre site is located approximately 1,800-
feet west of Linder Road on the south side of West State Street (State Highway 44) and
north of the north channel of the Boise River.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, Tuesday, September 19, 2006, on site in
compliance with the application submittal requirement of Eagle City Code. The
applications for this item were received by the City of Eagle on February 7, 2007.
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 City of Eagle
Code on March 15,2007. Requests for agencies' reviews were transmitted on March 14,
2007, in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on March 23, 2007.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
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E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential One RUT (Ada County Agricultural
designation)
Proposed No Change R-I-DA (residential .9 Residential
units per acre with a
development agreement)
North ofsite High Density Residential RUT (Ada County Agricultural/Residential
designation)
South ofsite Residential Estates RUT (Ada County River/Residential/Commercial
designation)
East of site Mixed Use MU-DA (Mixed Use with River/Residential/Commercial
a Development
Agreement)
West ofsite Residential Estates RUT (Ada County Residential Subdivision
designation) (Moon Lake Ranch)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site - 49.25
Total Number of Lots - 55
Residential- 45
Commercial - 0
Industrial - 0
Common - 10
Total Number of Units - 45
Single-family - 45
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - none
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre .9 dwelling units per acre I-dwelling unit per acre
(excluding tloodway) maximum
Minimum Lot Size 18,881-square feet 37,000-square feet
Except that a decrease of minimum
lot size in a subdivision may be
allowed if there is an offsetting
increase of the same square-footage
to open space and a planned unit
development is applied for and
approved)-per ECC Section 8-2-4
(G)
Minimum Lot Width 84-feet 1 00- feet
Minimum Street Frontage 45-feet 35-feet
Total Acreage of Common Area 12.9-acres 4.3-acres (minimum)
4.3-acres minimum plus 8.6-
acres for lots smaller than the
minimum ( 37,000 square
feet)-per ECC Section 8-2-
4(G)
Percent of Site as Common Area 26.5% 26.5% (minimum)
I. GENERAL SITE DESIGN FEATURES:
Open Space, Green Belt Areas and Landscape Screening:
Eagle City Code, Section 8-2A-7(J)(4)(c) requires that any development fronting a road
designated as a principal arterial and/or any freeway or expressway shall have a minimum
seventy five foot (75') wide buffer area. The development will be designed to include a
berm adjacent to the right of way along State Highway 44 which is shown as Lot 2, Block
1, on the preliminary plat date stamped by the City on March 20, 2007. The development
consists of approximately 12.9 acres of open space; this equates to 26.5% of the total
project area being dedicated as open space. A large component of the open space will
consist of the portion of the property adjacent to the Boise River.
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.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires unobstructed utility easements be provided along
front lot lines, rear lot lines, and side lot lines where deemed necessary. Total easement
width shall not be less than twelve-feet (12') wide.
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Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District. Potable
water shall be provided via Eagle City Water
On-site Septic System (yes or no) - No
Pressurized 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. The narrative provided with the application indicates property
has existing water rights from Middleton Mill Ditch Company. The applicant further states
that the available water rights can irrigate all buildable lots within the proposed
subdivision, however, the common areas may have to run on a rotation basis during off-
peak hours.
Preservation of Existing Natural Features:
Per Eagle City Code Section 9-3-8(B) eXlstmg 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.
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.
On-site Septic System (yes or no): No
J. STREET DESIGN:
Public Streets:
The property is fronted by State Street, however, access will be provided to the
development from Moon Valley Road which is classified as an Urban Collector on the
City's TransportationlNetwork map within the 2007 Comprehensive Plan. The interior
road network of the project will be constructed to meet ACHD standard fifty feet (50')
right of way with street section of thirty-six feet (36') in width, measured back-of-curb to
back-of-curb.
Blocks Less Than 500': None
Cul-de-sac Design:
The preliminary plat date stamped by the City on March 20, 2007, contains three cul-de-
sacs. Two of the three cul-de-sacs will be designed as "permanent" components to the
overall design. The third cul-de-sac adjacent to the east property line will be "temporary"
in that the cul-de-sac is intended to provide connectivity to the adjacent property to the
east for future development. All cul-de-sacs proposed for the project area will be
contained within 115' diameter right-of-way. Two of the cul-de-sacs will include a 20'
diameter landscape island. Because of the "temporary" status of the third cul-de-sac, a
landscape island has not been shown as the proposed cul-de-sac will become a connection
to development on the east side of this development.
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Sidewalks:
According to the preliminary plat date stamped by the City on March 20, 2007, five-foot
(5') wide sidewalks with eight-foot (8') wide planting strips are proposed for both sides of
the entrance to the project area as well as throughout the project's interior streets.
Curbs and Gutters:
Per Eagle City Code, the project will be designed with rolled curb and gutter along both
sides of the interior roadway system. Six inch (6")-high standard vertical curb and gutter
are proposed for the entrance to the project; standard three inch (3")-high rolled curb and
gutter are proposed for interior streets; a combination of standard six inch (6")-high
vertical curb and standard three inch rolled curb and gutter are proposed for the cul-de-
sacs.
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. The preliminary plat shows
eleven (11) street lights within the project area. One (1) street light will be located at the
entrance to the project area, two (2) street lights will be located in the landscaped cul-de-
sac areas, and the remaining eight (8) street lights will be located throughout the project
area.
Street Names:
Street names for the proposed Eagle Commons subdivision (AKA Bald Eagle Pointe)
subdivision have been reviewed and approved by the Ada County Street Name
Committee. The names and locations of streets are attached to this report.
K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian WalkwayslBike Paths:
The preliminary plat date stamped by the City on March 20, 2007, showing a pathway
system which connects West Eagle Rim Court (the temporary gravel turn around on the
east side of the project) and South Eagle Cove Place which is located in the southwest
corner of the project area. Another pathway connects to the 25-foot-wide pedestrian
easement located in the greenbelt area along the Boise River providing pedestrian access
to the interior of the project via a 10-foot-wide paved pathway located in Block 3 of the
project area between Lots 16 & 17.
L. PUBLIC USES PROPOSED: None
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. AVAILABILITY AND ADEQUACY OF UTIL TIES AND SERVICES:
The Eagle Sewer District is in the process of annexing the development. If the annexation
is successful, sewer service would be provided for by a twenty four (24")-inch PVC main
line that is currently being constructed as part of the Eaglefield Estates Subdivision. In
order to facilitate the connection, the applicant will be required to submit off-site central
sewer plans for review and approval by Eagle Sewer District.
The applicant will be required to provide municipal water service to the project in
compliance with the requirements of Ordinance 530 and all applicable sections of Eagle
City Code Section 6-5-1.
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O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - yes, Boise River Floodplain.
Evidence of Erosion - no
Fish Habitat - yes; Boise River.
Floodplain - yes
Mature Trees - yes; within riparian area located in the tloodwayltloodplain.
Riparian Vegetation - yes; Boise River.
Steep Slopes - no
Stream/Creek: yes, Boise River
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - yes, in riparian area along the Boise River.
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
The applicant has submitted an environmental assessment plan, date stamped by the City,
February 7,2006. The plan evaluates present and future conditions as they relate to the
Boise River, plant and animal life, soils, cultural, historical or scenic aspects, existing
structures and other areas of critical concern. The environmental assessment plan did not
identifY major concerns as a result of this project.
Q. 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 City Engineers letter dated, June 15, 2007, are of
special concern (see attached)
Idaho Transportation Department
Eagle Sewer District
Department of Environmental Quality
Eagle Fire Department
ACHD
R. LETTERS FROM THE PUBLIC (attached within staff report):
Darrell D. Swigert stated in correspondence date stamped by the City on April 9, 2007,
that he is concerned about the number of lots proposed for this project. He also states that
it is his opinion that because there is not a turn lane on State Highway 44 onto Moon
valley Road, the entrance to the proposed project is not safe
Denman Wagstaff stated in correspondence date stamped by the City on April 3, 2007,
that he is concerned about the number of lots proposed for this project and the traffic
problems this development will cause at the intersection of State Highway 44 and Moon
Valley Road.
S. COMMENTS FROM THE CITY FORESTER:
City Forester Julie Lafferty has provided comments in a letter dated February 13, 2007.
(attached to the staff report).
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T. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to develop the project in one phase with anticipated
construction of infrastructure to begin in 2007.
U. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. 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.
2. 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.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
4. 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.
5. 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.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. 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.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. 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.
12. 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.
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In cased of large - scale PUDs (incorporatingfifty (50) or more lots or dwelling units):
13. 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.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been provided
by the developer.
16. 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.
STAFF ANALYSIS PROVIDED WITmN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· The Comprehensive Plan Land Use Map (western Area Plan adopted 09-14-04) designates
this site as Residential One:
Residential One
Suitable primarily for single-family residential development within areas that are rural in character.
Chapter 6 - Land Use
6.3 Land Use Designations
Density shall be defined as the ratio ofthe total number of dwelling units within a
project divided by the total project area. Should that number be a fraction, it shall
be rounded up to the nearest whole number, expect where the comprehensive plan
details a fractional density and then the density shall not exceed the number
described in the comprehensive plan.
6.3.18 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 flood way which
can pose significant hazards during a flood event. Also, the floodway 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
substantially improved wildlife habitat areas open to the public, or useable public
open space, such as 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.
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6.7 Implementation Strategies
C. Provide for a broad spectrum of housing types including apartments, townhouses,
condominiums, single family attached, manufactured homes, affordable and
subsidized housing and large acreage developments.
r. Encourage a verity of housing through such mechanisms as PUDs in subdivisions
including large lot subdivisions.
6.8.5 River Plain Residential Area
The River Plain Planning Area is designated as residential and open space. This
area should provide trails, open space, and parks in conjunction with transitional
residential densities. The overall density of the area ranges from I unit per 2 acres
to the north of the Boise River to 2 units per acre south of the river with higher
densities of2-3 units per acre north of the rim transitioning into clustered large lot
residential use (1 acre lots) adjacent to the river.
Chapter 8 - Transportation
8.2.4 Collectors
Mobility Function:
The primary function of a collector street is to intercept traffic from local streets and
carry the traffic to the nearest arterial street. A secondary function is to service abutting
property. The collector street may serve motorized and non-motorized transportation
needs, and be designed with the minimum street section to accommodate the projected
vehicle volume and in conformance with the Long Range Transportation Plan of APA.
Access Function:
To provide limited and controlled access to commercial and industrial areas and to
residential neighborhoods.
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.
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8..6 - Implementation Strategies
c. Encourage roadway design standards that are consistent with the Idaho Transportation
Department (lID), Ada County Highway District (ACHD), Ada Planning Association
(AP A), and other agencies that may be responsible for roadway planning and design.
e. Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle TransportationlPathway Network
Maps # 1 and #2, adopted local and regional pathway plans, as may be needed for intra-
neighborhood connectivity and to ensure that bike and pedestrian traffic is not
unnecessarily pushed out onto arterials and collectors.
m. Establish and require minimum setbacks between developments and roadways and
to encourage installation of berms and landscaping for all developments to
enhance safety and to enrich the roadway and community appearance.
p. Encourage sidewalks that are separated from the curb on all streets, except for areas
where Eagle City Code requires sidewalks to abut the curb and where existing
buildings, inordinate environmental impacts, or other impacts make setting the
sidewalk back infeasible. Meandering sidewalks should be required where space
permits. A planter strip of sufficient width for street trees between the sidewalk and
roadway should be required to provide a canopy effect over the roadways. The type of
street trees used should be those which have root systems that have proven to not cause
sidewalk or curb damage when in close proximity to such improvements.
Chapter 9 - Parks, Recreation and Open Spaces
9.5 Pathways and Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and bicycle
friendly community.
b. To provide a network of central and neighborhood paths where residents are able
to safely access and utilize pathways for alternative forms of transportation.
e. All development should provide developed pathways for connection to Eagle's
public pathway system and/or adjoining development's public pathway system.
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9.6 Open Space
Open space is land which is not used for buildings or structures and offers
opportunities for parks, recreation, water amenities, greenbelts, river trails and
pathways, tourism, leisure activities, viewpoints, and wildlife habitat.
9.6.1Goal
To provide wherever possible open space and natural features such as natural river
frontage, greenbelts, river trails and pathways, creeks, flood plains and flood
ways, drainage ways and canals, development buffers, wooded areas, grasslands,
foothills, and viewpoints for public use and enjoyment.
9.6.2 Objectives
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.
To provide an open space setting for active and passive recreation for all age
groups throughout the community.
Chapter 10- Housing
10.2 Goal
Encourage a variety of housing so that all residents can choose sound, affordable
homes that meet individual needs.
a. A wide diversity of housing types and choice between ownership and rental
dwelling units will be encouraged for all income groups.
Chapter 11 - Special Areas And Sites
llA 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.
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Chapter 12 - Community Design
12.1 Background and Vision
Community design is the organized fashion in which a community is developed in
order that a general mood or theme is established and maintained.
Development will occur in the downtown as well as along arterials. City growth
and increased traffic levels on Highway 44 and Highway 55 will stimulate
demand for new development along these entrances. These same corridors have
great potential for more intensive mixed-use development.
12.4 Implementation Strategies
I. Encourage the development of pathways and open-space corridors throughout
the City.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· ECC Section 8-1-2 OPEN SPACE:
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.
· ECC Section 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.
. ECC Section 8-2A-7 (J)(4)(c)
c. Any road designated as a principal arterial on the Ada County long range highway
and street map and/or any freeway or expressway:
A minimum of seventy five feet (75') 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: six (6) shade trees, ten (10) evergreen trees, four (4) flowering
ornamental trees, and twenty four (24) shrubs. Each required shade tree may be
substituted with two (2) flowering/ornamental trees, provided that no more than
fifty percent (50%) of the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') 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,
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decorative rock, or similarly designed concrete wall is to be provided, in
combination with the berm, a four foot (4 ') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted.
. ECC Section 8-6-1: PURPOSE "PLANNED UNIT DEVELOPMENTS":
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;
B. A more useful pattern of open space and recreation areas and, if permitted as part of
the project, more convenience in the location of accessory commercial uses, industrial
uses and services;
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;
D. A more efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
E. A development pattern in harmony with land use density, transportation and community
facilities objectives of the Comprehensive Plan.
. ECC Section 8-6-5-2
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.
D. Clustering: Every property developed under the PUD approach should be designed to
abut upon common open space or similar areas. A clustering of dwellings is
encouraged.
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. ECC Section 8-7-3-3 CONDITIONAL USES "PUBLIC SITES AND OPEN SPACES"
Public sites and open spaces shall conform to the following:
B. Natural Features: Existing natural features which add value to residential development
and enhance the attractiveness of the community (such as trees, water courses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the development.
. ECC Section 8-7-3-5: CONDITIONAL USE PERMIT:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may
be attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this Title.
C. SUBDMSION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· ECC Section 9-3-8 (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.
· ECC Section 9-4-1-6: Pedestrian/Bicycle Pathway And Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonmotorized forms of
travel, and to provide safe, convenient and aesthetic alternative travel routes to
common destinations such as schools, parks, 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.
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Location:
1. The city shall require the creation and maintenance of pathways, (except in cases
where it is shown to be inappropriate), that provides access to adjacent:
a. Schools;
d. Neighborhoods;
D. Pathway Design:
While the city may exercise considerable discretion in determining 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.
2. A five foot (5') wide landscaped arealbuilding and fence setback, as measured from both edges of
the paved path, shall be required, and will be owned by either the abutting property owner(s) or a
homeowners' association unless accepted by a public entity. The five foot (5') wide landscaped area
on either side of the pathway may be decreased to a minimum of two feet (2') wide (as measured
from the edge of asphalt to the easement line) when used in conjunction with a meandering
pathway, however, the total width of the landscape area shall not be less than ten feet (10') (i.e., 2
feet on one side of the path and 8 feet on the other). For safety purposes, planting material in this
area is limited to three feet (3') in height. The landscape, fence and building regulations for this area
shall be indicated by a note on the plat.
· Eagle City Code, Section 9-5-7: Subdivision Within a Floodplain:
In addition to the provisions of this title, any subdivision within the designated floodplain
of the city shall comply with all applicable provisions of the floodplain regulations of the
city as now in effect or as may hereafter be amended.
D. TITLE 6 PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· ECC Section 6-5-3 (B) Water System, Connection To Water System Required:
Every parcel of land or premises within the boundaries of the city, improved by new
construction for occupancy and occupied or used by any person or persons, or as a
commercial business, shall be connected to the city water department public water
system so long as the area is within the service area of the city water system. The
owner or person in charge of such land shall make or cause to be made, such
connection within sixty (60) days after receiving official notice from the city to so
connect. All charges associated with the laying of pipe from the home or facilities to be
served by the city's mains shall be the responsibility of the user and shall be properly
designed and constructed in conformity with requirements specified by the city. If a
parcel of land is not within three hundred feet (300') of a water main, connection may
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not be required unless the city elects to extend the water main to within three hundred
feet (300') of the applicant's property.
. ECC Section 6-5-6 (A) Main Extensions:
Water main extensions to areas within the city limits not presently served with water
shall be installed under procedures to be established by the city council. Developers
who subdivide property for newly partitioned properties will assume all costs of main
extensions with the approval of the city council, except in those cases where the city is
interested in entering into a cooperative agreement as described in section 6-5-25 of
this chapter.
E. DISCUSSION:
· The proposed project is not contiguous to property located within the boundaries of the
City of Eagle as it currently exists. Originally, this project was dependant upon another
project to be approved and therefore a pathway for annexation would have been
established enabling this project to be annexed into the City. However, the anticipated
pathway for annexation did not come to fruition. The applicant has stated that a pre-
annexation agreement (or development agreement as the case may be) would be desirous
in order to move this project forward. Should this project be approved and allowed to
proceed, the City will not adopt an ordinance to annex the property until a pathway for
annexation has been established.
· Once a pathway has been established and the property is contiguous to land within the
boundaries of the City, the City will then adopt an ordinance for annexation bringing this
property into the City of Eagle. Upon the adoption ofthe ordinance, the applicant can then
submit a final development plan and final plat applications.
· Should this project be approved and a pathway for annexation has not been established
within one (1) year from the date of approval, these approvals shall be void. Except as
allowed by the development agreement.
· The Eagle Comprehensive Plan designates this site as Residential One (up to one (1) unit
per acre maximum) and Floodway. Staff believes that a R-I-DA zoning designation for
the subject property is appropriate since the lands to the east and west are designated
Residential One on the Comprehensive Plan, and the proposed rezone will assure
uniformity of zoning within this area of the City of Eagle. The 2000 Comprehensive Plan
designates a major portion of this area as Floodway. The Soaring 2025 Comprehensive
Plan also designates this area to be within the River Plain Planning Area. Densities within
the River Plain Planning Area, as specified in the Soaring 2025 Comprehensive Plan are
identified as "up to" 1 unit per acre north of the Boise River.
· The concept plan for the proposed project calls for a total of fifty five (55)-lots; forty five
(45) of which are to be developed for single-family-detached dwellings, all of which will
be contained within 49.5 acres. Proposed density for the project equates to one (I)
dwelling unit per acre, excluding the 4.56 acres of the project site that is located within the
floodway. The 2000 Comprehensive Plan distinctly prohibits the use of floodway areas as
a factor when calculating permitted densities within any given development.
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. The proposed Eagle Commons PUD <AKA Bald Eagle Pointe) is located within the
floodplain of the Boise River. In fact, 90% (44.93 acres) of the total area is contained
within the floodplain, with the remaining acreage (4.56 acres) located in the floodway.
Compensatory water storage is proposed through the use of four (4) surface ponds located
throughout the project area. Two (2) ofthe four (4) ponds are proposed to be located
within the floodway. The construction of homes within the floodway is prohibited.
. The applicant will be required to provide the necessary applicable permits (Floodplain
Development Permit, Army Corp of Engineers 404 permit), applicable FEMA map
amendments (Letter of Map Amendment, Letter of Map Revision) and certification (No-
Rise Certificate, Floodplain Elevation Certificates) before construction can proceed.
. The proposed Eagle Commons PUD (AKA Bald Eagle Pointe) is fully contained within
the Boise River floodplain. Because of the location of the proposed project, the applicant
will be required to comply with City of Eagle floodplain development requirements
contained within Eagle City Code Section 10-1-1, et. ai, and any additional
regulations/requirements per Army Corps of Engineers and FEMA, if applicable.
. Ninety percent (90%) of the project area lies within the 100-year floodplain of the Boise
River as delineated on FEMA Flood Insurance Rate Map, Community Panel Number(s):
16001 CO 134 H. City of Eagle Code prohibits development in the floodway. Any and all
development in the 100-year floodplain is required to comply with Title 10 of the Eagle
City Code.
· The plan that has been submitted by the applicant shows the project is adjacent to and will
take access from, Moon Valley Road. The applicants have provided comment from ITD
and ACHD.
· 1m has provided comments prohibiting additional direct access to State Highway 44.
Access should remain on Moon valley Road. ITD is also requesting a setback of 100-feet
from the existing highway centerline to accommodate the future lanes needed as shown by
the State Street Corridor study supported by the City of Eagle.
· ACHD comments recommend that access taken from Moon Valley Road be improved.
These improvements include moving the access to the Eagle Commons PUD (AKA Bald
Eagle Pointe) approximately two hundred feet to the west and extending Moon Valley
Road south through proposed Lot #3 to the proposed public street (West Eagle Perch
Drive) to create a new t-intersection with 100-feet of stacking on Moon Valley Road at the
State Highway 44 approach. The improved intersection will include straightening of the
intersection and installation of a stop sign. The ultimate location of the stop sign will be
coordinated with ACHD Traffic Services staff.
· The plat also shows that a stub street terminating at the eastern most property line of the
Eagle Commons (AKA Bald Eagle Pointe) project area will be provided. The stub street
shall remain as such until the property to the east is developed. The stub street will then be
incorporated into the street layout and traffic circulation plan(s) of any new developments
to the east which will allow traffic to flow between Eagle Commons (AKA Bald Eagle
Pointe) and any new development that occurs east of this project.
· Pursuant to the TransportationlPathway Network map within the Comprehensive Plan, the
applicant will; need to provide a greenbelt easement adjacent to the Boise River along the
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4.56 acres of the site that are contained within the floodway to facilitate the expansion of
the trail and pathway network within the City of Eagle. The plan submitted by the
applicant shows a pathway within the floodway and they have met with the City's Parks
and Pathways Committee to discuss their plan. The location of the proposed pathway as
shown on the plan is consistent with the recommendation and approval by the Parks and
Pathways Development Committee.
· The applicant states in the narrative that all necessary public utilities will be reasonably
available for this site. The property is within the City's municipal water system area,
identified as City of Eagle Water System Pressure Zone A (HGL 2680). However, potable
water delivery system to this site is contingent upon either 1) future development of
adjacent properties or 2) the establishment of a municipal well(s) on the property. The
property has sufficient water rights to supply a pressurized irrigation system The
developer shall enter into a "memorandum of Agreement" to provide sufficient water to
Eagle Commons in compliance with and consistent with the intent of the City of Eagle
Ordinance No. 530 prior to adoption of an annexation ordinance. .Police and fire
protection services are reasonably available to this property and other approved projects in
the surrounding area.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested annexation,
rezone with development agreement, conditional use permit, preliminary development plan, and
preliminary plat for Eagle Commons PUD (AKA Bald Eagle Pointe) with conditions to be placed
within a development agreement and subdivision site specific conditions of approval and standard
conditions of approval, all as provided within the staff report.
PUBLIC HEARING OF TIlE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July 16,
2007, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by four (4) individuals who expressed the following concerns regarding the development:
1. Lack of transitioning of lot sizes;
2. Proposed density is inappropriate for the area;
3. Residents within subdivision will create additional traffic on adjacent roadways;
4. Proposed intersection of State Highway 44 and Moon Valley Road is inadequately
designed;
5. Project is not compatible with adjacent neighborhood.
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COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of A-03-07/RZ-03-07/CU-02-07/PPUD-03-
07/PP-07-07 for Eagle Commons (AKA Bald Eagle Pointe) Planned Unit Development for Eagle
Commons, LLC with the following staff recommended development agreement conditions and site
specific conditions of approval and standard conditions of approval with text shown with underline
to be added by the Commission and strikethrough text to be deleted by the Commission:
CONDITIONS TO BE WITHIN A DEVELOPMENT AGREEMENT:
2.1 The Property shall become contiguous to property within the City prior to the City's adoption of
an annexation ordinance.
2.2 The density for the property shall not exceed one (1) dwelling unit per acre.
2.3 The Concept Plan (Exhibit A) 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 or be required. 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 and notice shall be provided
as my be required by the City.
2.4 The applicant's property shall be annexed into the Eagle Sewer District's boundaries and shall
comply with all applicable Eagle Sewer District's regulations and conditions prior to the
submittal of a final plat application. A letter of approval shall be provided to the City from the
Idaho Department of Health and Welfare, Division of Environmental Quality, and/or Central
District Health, prior to approval of the final plat.
2.5 Applicant shall provide a report or analysis of any proposed changes to wetlands located on the
property and any such change shall be contingent upon approval by the Army Corps of Engineers,
Idaho fish and Game Department (if applicable), the Idaho Department of Water Resources (if
applicable), Ada County, and any other appropriate government agencies, and shall be in
accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all development
and improvement of the Property shall comply with rules and regulations pertaining to regulated
wetlands.
2.6 As required by Title 6, Chapter 5, Eagle City Code, the Property shall become part of the City of
Eagle's municipal water system. All water mains to be dedicated to the public shall only be
constructed on rights of way, easements, or publicly owned property. Easements or permits
secured for the main extension shall be obtained in the name of the City, along with all rights
and title to the main at the time service is provided to the customer paying for the extension.
Water mains shall be extended by the applicant as designated by the City Engineer where future
water system extensions are expected to occur. The developer shall enter into a "Memorandum
of Agreement" to provide sufficient water to Eagle Commons in compliance with and consistent
with the intent of the City of Eagle Ordinance No. 530 prior to adoption of an annexation
ordinance.
2.7 The applicant shall submit a revised plan illustrating the location of trees contained within the
project area. The plan shall provide detail on existing trees to be removed and those to be
preserved on-site prior to submittal of the design review application.
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2.8 All development of the Property shall be consistent with the Landscape, Site Design, and
Architectural Design Guidelines attached hereto and incorporated herein as Exhibit D, and be
generally consistent with the Concept Plan attached hereto as Exhibit C; provided, however, it
is the intent of this Agreement to allow flexibility at the time a detailed plan and platting are
submitted to the City so long as the general intent of the Concept Plan and the requirements set
forth in this Agreement are met.
2.9 Applicant will develop the Property subject to the conditions and limitations set forth in this
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.
2.10 Except as otherwise provided in this Agreement or by applicable ordinances, development of
the Property shall comply with Eagle's Comprehensive Plan and City Code as in effect at the
time this Agreement is recorded at the time of application-and/or as otherwise modified by the
DA.
2.14 Development of the Property shall comprise two primary elements: residential and open space,
as described below.
2.14.1 Residential Development
· Up to 1.0 dwelling units per acre may be developed on the Property
· Residential development on the Property shall not exceed a total of29.57 acres.
2.14.2 Community Open Space shall comprise no less than 20% of the Property and be
developed for casual recreation. This area shall include the following:
. 13.10 acres of community open space;
· Pedestrian pathways connecting the development with the greenbelt adjacent to
the Boise River;
· Both Active and Passive Open Space as defined in Eagle City Code Section 8-6-
5-2
2.14.3 All Community Open Space shall comply with the Eagle City Code in effect at the time
of the attached preliminary plat application including such area.
2.14.4 All Community Open Space shall be maintained by the local home owners association
for the area surrounding the adjoining open space.
2.14.5 A public easement for a greenbelt pathway connecting east to west through the Property
shall be dedicated to the City of Eagle. The specific location, easement, language,
design, and construction plans of the pathway shall be approved by the Eagle City
Council prior to the City Engineer signing the final plat for the project.
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2.14.6 All open space areas are subject to Eagle's design review process and standards set
forth in Eagle City Code Section 8-2A.
2.14.7 The conditions, covenants, and restrictions recorded against all portions of the property
shall contain at least the following provisions:
· An allocation of responsibility for maintenance of all community and privately
owned landscaping and amenities;
. Establishment of an architectural control board for all buildings prior to building
permit;
· An allocation of responsibility for the operations and maintenance of the
pressurized irrigation system for the Property.
2.15 Except as otherwise expressly set forth in this Agreement, the property may be developed and
used consistent with the R Residential District land uses allowed by the Eagle City Code and
Eagle's official Schedule of District Regulations existing at the time this Development
Agreement is recorded, a copy of which is attached hereto as Exhibit E and incorporated herein.
2.16 Prior to issuance of and building permits, Applicants shall provide proof of adequate sewer
service to the proposed residences by causing a letter of approval to be provided to Eagle from the
Eagle Sewer District.
2.17 Applicants acknowledge that the Property is located within the City of Eagle Municipal
Water Service Area and compliance with applicable provisions in the Eagle City Code is
required.
2.18 Applicants shall comply with all rules, regulations, and ordinances of Eagle except as otherwise
provided herein, including but not limited to application for development permits as required by
Eagle City Code Title 10 (Flood Control).
2.19 The applicants shall provide an on-site tree lined landscape strip along State Highway 44, which
landscape strip shall include and eight foot (8')-regional asphalt pathway as generally depicted in
Exhibit C attached hereto and incorporated herein and in Eagle's Comprehensive Plan. The
landscaping, including street trees and pathways, shall be reviewed and approved as required by
the applicable provisions in the Eagle City Code as set forth below;
2.20 A 75 foot wide landscape strip along State Highway 44 shall include a minimum ten foot high
berm/wall combination with extensive landscaping to provide a buffer. All buffers should be
located outside a 150 foot setback from centerline for right-of-way dedication to the Idaho
Transportation Department (the "ITD").
2.21 Property shall be designed for a public roadway connecting the Property to Moon
Valley Road. Approved access points are depicted in Exhibit F attached hereto and
incorporated herein, subject to approval by ACHD.
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2.22 For the purposes of connectivity, streets shall be stubbed as shown on Exhibit F hereto.
All road and stub street locations shall be reviewed by ACHD prior to presentation to
Eagle's Planning and Zoning Commission of any preliminary plat depicting, or proposed
amendment to the PUD relocating, any such road or street locations.
2.23 Public art, water features, or other features of interest and pedestrian amenities which encourage
pedestrian use (e.g., gazebos, pergolas, benches and tables) shall be constructed on the Property,
as generally depicted in Exhibit D attached hereto and incorporated herein.
2.24 Applicant shall obtain a license agreement from the ITD or the ACHD to allow the right-of-way
between the Property and the edge of pavement along State Highway 44 to be landscaped by the
Applicants, if such an agreement is approved pursuant to the Eagle City Code.
2.25 Pathways and pedestrian/bicycle public access connecting public roads to residential and open
space areas shall be consistent with Eagle's Comprehensive Plan and be approved by Eagle prior
to or concurrently with approval of the preliminary plat containing such pathways and access.
2.26 Except as otherwise expressly provided in this Agreement, the Property can be developed in
accordance with the Eagle City Code in effect at the date this Agreement is recorded, provided
that if the permitted uses in the R Residential District are expanded, such expanded uses shall be
allowed under this Agreement.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The Property shall become contiguous to property within the City prior to the City's adoption of an
annexation ordinance.
2. Upon the City's adoption of the annexation ordinance for the property, the applicant may submit a final
plat application.
3. Should this project be approved and a pathway for annexation has not been established within one (I)
year from the date of approval, these approvals shall be void. Except as otherwise provided for in the
development agreement
4. Comply with all conditions within the development agreement for rezone application RZ-03-07.
5. Comply with all requirements of the City Engineer.
6. 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.
7. The applicant shall provide to the City written documentation from the Boise River Flood Control
District No. 10 approving the project prior to submittal of the final plat application.
8. 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 the development.
Trees shall be placed at the front of each lot on the side lot lines, or as approved by the Design Review
Board and located within an eight-foot (8') planter strip between the curb and detached sidewalk. Prior
to the City Clerk signing the final plat, the applicant shall either install the required trees, sod, and
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irrigation or provide the city with a letter of credit for 150% of the cost of installation of all landscape
and irrigation improvements within common areas and landscape strips. Trees shall be installed prior to
obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does
not permit landscaping.
9. All living trees located on the site 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 review and approval prior to the submittal of the 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.
10. The applicant shall submit a design review application for a landscape plan showing perimeter and
common area landscaping, fencing, and planting details within the required 75-foot buffer area along
State Highway 44 abutting this site for review and approval by the Design Review Board prior to City
approval of the final plat.
11. The applicant shall submit a design review application showing any proposed subdivision signage, and
a landscape plan showing fencing (if proposed), amenity structures such as shade structures, pergolas,
and gazebos (if proposed), benches, pathways, trees, landscaping, and planting details within common
open space areas, for review and approval by the Design Review Board prior to the City Clerk signing
the final plat.
12. The applicant shall submit a design review application with a landscape plan showing planting details
and screening details for an irrigation pump house or any type of irrigation facilities for review and
approval by the Design review Board prior to the submittal of a final plat. If proposed, a pump house
shall be located to comply with all required setbacks for the R-l zoning district.
13. All common open areas and accessory structures (i.e. pump house, storage areas, maintenance building)
shall be designed in compliance with Eagle City Code, section
8-2A.
14. The applicant shall provide a license agreement from ITD or 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.
15. The applicant shall provide injection well permits from Idaho Department of Water Resources
approving the use of groundwater to fill compensatory storage ponds located within the site prior to the
approval of the final plat.
16. Ponds on the property shall be constructed to City Engineer requirements.
17. Extend the landscaping within the buffer area along State Highway 44 to within 9-feet from the edge of
the proposed right-of-way. The 9-feet between the landscaping and edge of proposed right-of-way
(along the entire frontage of this site) shall be graveled as approved by lTD. The graveled area shall be
maintained and kept free of weeds and debris in perpetuity.
18. The entire Eagle Commons PUD (AKA Bald Eagle Pointe) development shall remain under the control
of one Homeowner's Association, or approved subsets thereof.
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19. The applicant shall place a note on the final plat that all common areas are to be owned and maintained
by the Eagle Commons (AKA Bald Eagle Pointe) Homeowner's Association. The applicant shall
provide a copy of the CC&R's (which include a similar statement regarding the common areas) for
review and approval by the City Attorney prior to the approval of the final plat. The CC&R's for the
Eagle Commons (AKA Bald Eagle Pointe) planned unit development Homeowner's Association shall
provide that the association shall have the duty to maintain and operate all of the common landscape
areas in the subdivision in a competent and attractive manner, including the watering, mowing,
fertilizing and caring for trees and shrubs, in accordance with Eagle City Code, in perpetuity.
20. Provide documentation from the Middleton Mill Ditch Company approving plans involving the
relocation or construction of irrigation facilities currently accessing the site and under the purview of
the Company, prior to approval of the final plat.
21. Provide a 404-Permit from the U.S. Army Corps of Engineers for any work involving fill or m
identified jurisdictional wetlands (if any) prior to approval of the final plat.
22. 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.
23. The plat shows the building envelope locations for all buildings within the development for I) Lots
greater than 30,000 square feet, and 2) Lots less than 30,000 square feet. However, the minimum
setbacks for lots contained within the Eagle Commons (AKA Bald Eagle Pointe) planned unit
development shall be as follows:
Lots Greater Than 30.000 Square Feet:
. Front Yard: 30 feet
. Street Side: 30 feet
· Side (interior): 15 feet
· Rear yard: 30 feet
· Maximum Lot Coverage: 40%
Lots Less than 30.000 Square Feet:
. Front Yard: 30 feet
. Street Side: 20 feet
. Side (interior): 10 feet
· Rear Yard: 30 feet
· Maximum Lot Coverage: 40%
24. In lieu of providing an on-site storage area for boats, campers and trailers, the developer shall provide a
copy of the subdivision CC&R's showing the prohibition of the storage of recreational vehicles, utility
trailers, etc. within the development for review by staff and the City Attorney prior to submittal of the
final plat.
25. In lieu of providing a maintenance building on-site, the developer shall provide justification on how the
maintenance of the common areas will be handled without the need of a maintenance building. The
CC&R's shall show that the common areas shall be maintained by a contracted property/landscaping
company.
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STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and l.C. 39-1 18).
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 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.
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11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certifY that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility 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.
15. 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
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
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prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall record the subdivision CC&R's in the office of the Ada County Recorder prior
to the sale of the first lot. The applicant shall provide the City a copy of the recorded CC&R's
prior to the issuance of any building permits.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
28. 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.
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29. 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)).
30. After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
31. 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.
32. 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.
33. 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.
34. 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
35. 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.
36. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
37. 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.
38. 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 submittal of the final plat.
39. 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.
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CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, Tuesday, September 19, 2006, at the site in
compliance with the application submittal requirement of Eagle City Code. The applications for this
item were received for this item by the City of Eagle on February 7, 2007.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on 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 15,2007. The site was posted in accordance
with the Eagle City Code on March 23, 2007. Requests for agencies' reviews were transmitted on
March 14,2007, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed annexation and
rezone with a development agreement (A-03-07/RZ-03-07) with regard to Eagle City Code Section 8-
7-5 "Action by the Commission and Council", and based upon the information provided concludes
that the proposed applications are in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The requested preliminary plat complies with the approved zoning designation of R- I -DA (.9
dwelling units per acre maximum) is consistent with the Residential One designation as shown
on the Comprehensive Plan land Use Map; and
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be
provided, to serve all uses allowed on this property under the proposed zone; and
c. The proposed R-I-DA (Residential up to .9 units per acre maximum with a development
agreement) zone is compatible with the RR (Rural Residential - Ada County designation)
zone and land uses to the north since these areas are designated High Density Residential in
the Comprehensive Plan and are either proposed to be developed in the same manner or could
be developed in the same manner sometime in the future; and
d. Then proposed R-I-DA (Residential up to .9 units per acre maximum with a development
agreement) is compatible with the MU-DA (Mixed Use with a Development Agreement) zone
and RR (Rural Residential - Ada County designation) zone and land uses to the east and west
since these areas are designated Residential Two in the Comprehensive Plan and are either
proposed to be developed in the same manner or could be developed in the same manner
sometime in the future; and
e. Will have vehicular approaches to the property designed to not create an interference with
traffic on surrounding public thoroughfares since the project is required to be reviewed and
approved by Ada County Highway District and is subject to the conditions herein; and
f. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of the
preliminary plat and subsequent final plat approval as set forth within the conditions of
approval herein.
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4. In accordance with eagle City Code findings for a conditional use permit, preliminary planned unit
development plan and preliminary plat, the Commission has reviewed the particular facts and
circumstances of this proposed planned unit development and based upon the information provided,
makes the following conclusions for CU-02-07/PPUD-03-07/PP-07-07 for Eagle Commons (AKA
Bald Eagle Pointe) planned unit development as proposed with the conditions recommended herein:
1. The requested preliminary plat complies with the density of the approved zoning designation ofR-
I-DA (residential .9 units per acre - with development agreement); and
2. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City
Code since the development is consistent with the Comprehensive Plan and provides the required
improvements for a subdivision, including a public roadway, and central sewer and water services;
and
3. 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 ofthe community because;
The intent of the Eagle Commons (AKA Bald Eagle Pointe) PUD is to a choice in living
environments by providing a variety of single housing types which is a goal of the City of Eagle
PUD ordinance.; and
4. 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 Eagle Commons (AKA Bald Eagle Pointe) development provides similar lots sizes to future
development to the north and east and provides transitional lot sizes from the development to the
west; and
5. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The development will have access to State Highway 44 from the improved intersection of Moon
Valley Road and State Highway 44. The site will be serviced by central water and sewer; and
6. 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 because;
No major impacts are expected as this development should only develop normal traffic patterns
that would be related to a residential subdivision development. The proposed dwelling units on
the site will be compatible with existing residential units in the area; and
7. That based upon agency verification and additional written comments of the City Engineer, Idaho
Transportation Department, Eagle Sewer District, Department of Environmental Quality, Eagle Fire
Department and the Ada County Highway District, or as conditioned herein, there is adequate
public financial capability to support the proposed development.
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8. 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 available to be extended to the site, 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. The addition of more residences
to the area may help facilitate the construction of new buildings within the School system; and
9. 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, highway district or City for water. Because the
developer provides the services in the initial stages of development the public service providers
avoid potential liability and expenses; and
10. 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 given to floodplain preservation, open
space areas and walking paths; and
11. 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 Moon Valley Road by way of 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 said property. The design
and construction of the roadways and entrances is guided by the Ada County Highway District.
12. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
Development is prohibited in the floodway adjacent to the north channel of the Boise River and
therefore this area will be protected in perpetuity; and
13. That the proposed development will be harmonious 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 Single
Family Residential (1 unit per acre maximum). The Comprehensive Plan has designated land to
the west as Residential Estate (1 unit per two acres maximum), High Density Residential (6+ units
per acre) to the north, and Residential Two (2 units per acre maximum) to the east and will provide
a variety of housing types to accommodate residents with varying lifestyle needs; and
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14. 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 preliminary development plan and conditional use permit
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; and
15. 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 increased setbacks approved for the development will allow for further protection of the
existing residential uses and for a varied streetscape; and
16. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of final plat
approval as set forth within the conditions of approval above.
DATED this 6th day of August, 2007
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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