Findings - CC - 2007 - RZ-28-06/PP-22-06 - Rz From Ar To R3-Da/Symphony Square Subd/19 Lot/6.20 Acre/3391 Flint Dr
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION )
FOR A REZONE WITH A DEVELOPMENT )
AGREEMENT FROM A-R TO R-3-DA AND )
PRELIMINARY PLAT FOR SYMPHONY )
SQUARE SUBDMSION FOR JAKOBSON )
DEVELOPMENT,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-28-06 & PP-22-06
The above-entitled Rezone with development agreement and Preliminary Plat applications came before the
Eagle City Council for their decision on April 10, 2007, at which time public testimony was taken, the
public hearing was closed. The Council having heard and taken oral and written testimony, and having
duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Jakobson Development, LLC, represented by John Wood, is requesting a rezone from A-R
(Agricultural-Residential) to R-3-DA (Residential-2.26 units per acre with a development
agreement) and preliminary plat approval for Symphony Square Subdivision, a 19-1ot (14-
residential and 5-common) residential subdivision. The 6.20-acre site is located at the
eastern terminus of West Flint Road approximately 2, I OO-feet east of Park Lane at
3391 West Flint Drive.
Note: The reduced density and lot count is reflected in the Council Decision section on
Page 19.
B. APPLlCA TION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, December 13, 2006, on site in compliance
with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on December 20,2006.
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 February 12,2007. 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 February 9, 2007. Requests for agencies' reviews were transmitted on January 3,
2007, in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on February 22, 2007.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on 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 23,
2007. The site was posted in accordance with the Eagle City Code on March 29, 2007.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: All applications are included within the staff report.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant is proposing to utilize a development agreement to ensure the property is
developed in a manner that protects the adjacent property owners and assures that the
project will be developed as proposed.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA TIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional A-R (Agricultural Residential _ Residential subdivision -
Residential one unit per five acres) FI int Estates
Proposed No Change R-3-DA (Residential-2.42 units Single family residential
per acre with a development development
agreement)
North ofsite Transitional RUT (Rural Urban Transition- Farmland
Residential Ada County Designation)
South of site Mixed Use MU-DA (Mixed Use with a Symphony Subdivision
development agreement) (res identiall commerc ial
subdivision with
preliminary plat approval)
East of site Residential One R- I (Residential - one unit per Residential subdivision -
acre) Colony Subdivision
West ofsite Mixed Use MU-DA (Mixed Use with a Symphony Subdivision
development agreement) (residentiallcommerc ial
subdivision with
preliminary plat approval)
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
I. SITE DATA:
Total Acreage of Site - 6.20
Total Number of Lots - 20 (reduced to nineteen (19) by Council Decision)
Residential- I S (reduced to fourteen (14) by Council Decision)
Commercial - 0
Industrial - 0
Common - S
Total Number of Units - IS
Single-family-IS (reduced to fourteen (14) by Council Decision)
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Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - none
Since the orizinal submittal the aoo/icant has removed 4 residential lots from the olat.
ADDITIONAL SITE DATA PROPOSED REQUIRED
Based upon I5-buildable lots
Dwelling Units Per Gross Acre 2.42-units per acre 2.42 units per acre (based
upon development agreement)
Minimum Lot Size 6,755-square feet 10,000 square feet
(minimum)
Minimum Lot Width 60- feet 70-feet (minimum)
Minimum Street Frontage 35-feet 35-feet (minimum)
Total Acreage of Common Area 0.77 acres (approximately) 0.62 acres (minimum)
0.62 acres minimum plus .04-
acres for lots smaller than the
minimum (7,000 SF) - per
ECC Section 8-2-4 (G)
Percent of Site as Common Area 12.3 % (approximately) 10% minimum
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
As required by Eagle City Code Section 8-2A-7(J)(4)(a), the applicant proposes to
construct a thirty-five foot (35') wide buffer within a common lot along North Fisher Park
Way. All berming, fencing and landscaping details, including any proposed pump houses
for pressurized irrigation, require Design Review Board review and approval prior to
submittal of a final plat.
Open Space and Design:
Will provide a total of 12.3% of common area 11% minimum is required.
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 utility easements to be not less than twelve feet
(\2") wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
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On-site Septic System (yes or no) - yes
The applicant will be connecting the subdivision into an existing 10-inch sewer main
located within State Highway 44. The applicant will be required to connect the existing
dwelling into a central sewer system and obtain the proper permits and abandon the septic
systems.
Pressurized Irrigation:
The applicant provided correspondence indicating the developer of Symphony Square
Subdivision is proposing to participate in the Bellemeade Subdivision pressurized
irrigation system. A finalized agreement between the developers of Symphony Square and
Bellemeade Subdivisions addressing how the water will be provided for pressurized
irrigation to Symphony Square Subdivision will be required prior to the applicant
submitting an application for final plat.
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 site has mature trees located on the east and south
boundaries of the development and around the existing home.
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.
K. STREET DESIGN:
Public Streets:
The detailed drawing on the preliminary plat shows N. Fisher Park Way to be a residential
collector with a forty foot (40') wide travel way and vertical curbing to be included within
a fifty foot (50') wide right-of-way street section. The detail drawing for N. Fisher Park
Way also show only five feet (5') of the eight foot (8') wide planter strips to be included
within the right-of-way. The local street section on the preliminary plat shows a fifty foot
(50') wide right-of-way street section with a forty-foot (40') wide travelway and a storm
drain forebay which drains under the street. Seven feet (7') of the proposed eight foot (8')
wide planter strips adjacent to the local street are proposed to be located within the right-
of way. N. Fisher Park Way is proposed to be constructed as a partial street section due to
the right-of-way area extending into the property west of this development.
Cul-de-sac Design:
The subdivision is proposed to be served by two cul-de-sacs. One 480-foot long cul-de-sac
street is proposed with 48-foot (back of curb) radius with a 962-square foot landscape
island. The preliminary plat also shows a I60-foot long cul-de-sac street intersecting with
the aforementioned cul-de-sac street approximately I 80-feet east ofN. Fisher Park Way.
Sidewalks:
A five-foot (5') wide detached sidewalk is proposed adjacent to N. Fisher Park Way. A
detached five foot (5 ') wide concrete sidewalk is proposed abutting both sides of the
roadway on the interior streets. The applicant is proposing an eight foot (8') wide planter
strip between all streets and the sidewalk.
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Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning
Administrator prior to the submittal of the final plat. Any modifications made to the
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.
L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat does not delineate any public or internal pathways located within the
development other than the detached sidewalks located adjacent to the streets.
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.
M. PUBLIC USES PROPOSED: None proposed
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters (with conditions) from the Eagle Fire Department and Eagle
Sewer District have been received. The Eagle Sewer District states that it will be necessary
for the applicant to petition to annex the subject property into the sewer district for sewage
disposal and the construction plans will need to be approved by the District's consulting
engineer prior to development of the site. The site is located within United Water
Company ofIdaho service area.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - No
Evidence of Erosion - No
Fish Habitat - No
Floodplain - No
Mature Trees - Yes - Mature trees adjacent to the existing home and along east and south
boundaries
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - No
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
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Historical Assets - No - none indicated by Ada County Historic Site Inventory.
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the engineer's letter dated February 27, 2007 are of special
concern (attached to the staff report and incorporated herein be reference).
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
Meridian School District; Letter includes a warning that District is operating over capacity
Ringert Clark (rep: Drainage District #2) (correspondence dated February 23,2007)
S. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· The Comprehensive Plan Land Use Map designates this site as Transitional Residential
Residential Transition
Residential Development that provides for a transition of density within the planning area
while keeping in context the density, scaling and lot sizes of existing or proposed uses.
Commonly requires changes in lot dimensions and scaling, see specific planning text for a
completion description.
· Chapter 4 - Schools, Public Services, and Utilities
4.2.7 Other Services and Utilities
Pressure Irrigation
The City of Eagle currently requires the installation of pressurized irrigation systems for
the irrigation ofIandscaping when new development is within an irrigation district and
water rights are available.
Chapter 6 - Land Use
6.6 Goal
To preserve the rural transitional identity.
6.7 Implementation Strategies
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J. Recognize the need for electric utility facilities that are sufficient to support
economic development.
· Chapter 8 - Transportation
8.2.5 Residential Collectors
Mobility Function:
The primary function of a residential collector street is to intercept traffic
from local streets and minor numbers of abutting parcels and carry the
traffic to a collector or arterial street. A secondary function is to service
abutting property. The ACHD allowed length and number of vehicle trips
per day on residential collectors is less than collectors. The residential
collector street may serve motorized and non-motorized transportation
needs, and be designed with the minimum street section to accommodate
the projected vehicle volume.
Access Function:
To provide limited and controlled access to residential neighborhoods.
Right-of- W ay
As shall be determined by the Highway District having jurisdiction with
recommendations by the City seriously considered by the Highway
District.
8.3.2 Bike Lanes
Location:
Bike Lanes usually exist on the same pavement surface as motorized
lanes. Arterials and collectors should be provided with bike lanes on each
side of the roadway.
8.6 Implementation Strategies
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.
q. Design and/or align roads to preserve existing trees wherever possible; safety
shall not be compromised.
· 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.
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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.
· Chapter 12 - Community Design
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.
B. SOARING 2025 COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
· Appendix I - Glossary
Feathering - The process oftransitioning density within a development while providing
compatible lot sizes and boundaries.
Transitional Density - The shifting of density within a development to allow compatibility
with existing uses adjacent to or within a site.
· Chapter 2 Community Design
2.5 Implementation Strategies
a. Provide increase residential density along the State Highway 44 and State
Highway 20/26 corridors when accompanied by alternative access plans.
c. Provide housing opportunities within walking distance of future transit
corridors.
d. Create a City composed of neighborhoods in which basic amenities
(schools, utilities, parks, and services) are accessible, visually pleasing,
and properly integrated to encourage walking and cycling.
· Chapter 4 - Public Facilities And Services
4.7 Irrigation Water
The City of Eagle sets in an irrigated river valley partitioned by several major
irrigation systems operated by irrigation districts or companies. These entities
and the water resource they manage are an integral element in the development of
greens cape that typifies the Boise River Valley. This resource and distribution
network also provides significant recharge to the shallow ground water zone upon
which many wells and water amenities depend.
4.7.1 Goals
Protect the existing irrigation system and increase use or reuse of the surface
water resource for park, residential and commercial landscape irrigation and water
amenities.
Maintain irrigation standards that promote the conservation and reuse of surface
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water.
4.7.2 Objective
Ensure that new development incorporates existing irrigation water for landscape
irrigation and water amenities when water rights are available on-site or by means
of appropriation or transfer.
Maintain surface water rights within general areas of use to ensure adequate
supply for the enjoyment of amenities such as city parks and greenbelts.
4.7.3 Implementation Strategies
a. Encourage policies such as the lining of ponds to maximize the use of
water resources.
b. Develop an irrigation water policy and standards for construction for
guidance in the preparation of pressurized irrigation plans.
c. Pursue the acquisition and development of surface water rights for use in
parks and greenbelts.
d. Communicate with irrigation districts and companies to provide adequate
protection of canals to ensure future access and operation of canal system
for domestic irrigation.
· Chapter 6 - Land Use
6.4 Implementation Strategies
6.4A General Strategies
e. Special design treatments shall be required to provide compatibility of
new development with existing development such as building
orientation, increased setbacks, height limitations, size restrictions
design requirements, fencing, landscaping or other methods as
determined through the development review process.
6.4C Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community
commercial, professional office, and a variety of residential densities. The vision
for the area is to recognize the activity center created by Eagle High School and
existing development approved by Ada County and to provide compatible land
uses at densities that accommodate pedestrian scale design and future mass transit.
6.4C.l Uses
The land use and development policies specific to the Park Lane Planning Area
include the following:
Flint Drive shall be preserved primarily as a residential street while properties
abutting State Street should include a mix of residential uses, limited retail and
office uses that promote trip capturing.
6.4C.2 Design
Flint Estates Area:
The Flint Estates area adjacent to State Highway 44 should be designed to provide
limited retail uses that encourage pedestrian circulation from the residential and
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high school areas, and to compliment the existing mixed use areas at State
Highway 44 and Park Lane (Camille Beckman).
Street trees, benches and sidewalks are encouraged within the Flint EstatesArea as
well as within the greater Park Lane Planning Area.
Transitional residential densities and design elements (berms, fences, etc.)
should be used to provide buffering to residential areas to the east and north of the
mixed use area.
6.4C.3 Access
Right-of-way should be preserved for a future connection to State Highway 44 in
alignment with the future State Highway 44 entrance to Eagle Island State Park.
C. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code Section 8-2-1 Districts Established, Purposes and Restrictions:
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 development agreement includes conditions
of development that are required during the PUD and conditional use process.
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre.
Multi-family units/developments are prohibited in R-I, R-2, R-3, R-4 and R-5 zoning
districts. Centralized water and sewer facilities are required for all subdivision and lot split
applications submitted after the effective date hereof in all districts exceeding one
dwelling unit per two (2) acres (R-E).
P PLANNED UNIT DEVELOPMENT: This designation, following any zoning
designation noted on the official zoning map of the city (i.e., R-4-P), indicates that the
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development was approved by the city as a planned unit development. Density transfers
may have been permitted as a part of the overall development.
DA DEVELOPMENT AGREEMENT: This designation, following any zoning
designation noted on the official zoning map of the city (i.e., C-2-DA), indicates that the
zoning was approved by the city with a development agreement. Specific provisions, as
may have been incorporated within the development agreement, are applicable to
development within this zoning designation.
· Eagle City Code 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 useabIe and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
· Eagle City Code Section 8-2-3 Schedule of District Regulations:
Single-family dwellings within a Mixed Use zone require a Conditional Use Permit.
· Eagle City Code Section 8-2-4 Schedule of Height and Lot Area Regulations:
Zoning Maximum rrontllRearllnterior Street Maximum Lot Minimum Lot Area (Acres Minimum
District Height Side Side Covered Or Sq. Ft.) G And W Lot
Width I'
IR-3 I [3S' 1~~17S' [ 120' 1140% 1110,000 117S'
IMU 113S' 1~~17S' 1120' IISO% 117.000 I ISO'
. Eagle City Code Section 8-2-4(B):
Additional 5 feet per story setback for multi-story structures. Height not to exceed 3
stories except by conditional use permit.
· Eagle City Code 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.
· Eagle City Code Section 8-2A-7 (J)(I) Buffer Area/Common Lots:
I. Definition: A transition zone or buffer area consists of horizontal space (land) and
vertical elements (plants, berms, fences, or walls). The purpose of such buffer space
is to physically separate and visually screen adjacent land uses which are not
fully compatible due to differing facilities, activities, or different intensities of use,
such as townhouses and a convenience store, or a high volume roadway and
residential dwellings.
· Eagle City Code Section 8-2-4(B):
Additional 5 feet per story setback for multi-story structures. Height not to exceed 3
stories except by conditional use permit.
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· Eagle City Code Section 8-2A-7 (1)(1) Buffer Area/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and
vertical elements (plants, berms, fences, or walls). The purpose of such buffer space is
to physically separate and visually screen adjacent land uses which are not fully
compatible due to differing facilities, activities, or different intensities of use, such as
townhouses and a convenience store, or a high volume roadway and residential
dwellings.
· Eagle City Code Section 8-2A-7 (J)(4)(a) Major Roadways:
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 (l ') vertical
distance. Ifa decorative block wall, cultured stone, 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.
· Eagle City Code Section 8-6 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;
D. A more efficient use ofland 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.
D. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
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· Eagle City Code Section 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.
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.
· Eagle City Code 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.
· Eagle City Code Section 9-4-1-12 Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be required
for the protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision
plats shall show the location of all buffer areas.
· Eagle City Code Section 9-4-1-6: PedestrianIBicycle 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.
B. Location:
1. The city shall require the creation and maintenance of pathways, (except in cases
where it is shown to be inappropriate), that provides access to adjacent:
a. Schools;
d. Neighborhoods;
e. Shopping areas;
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
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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 area/building 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.
E. DISCUSSION:
· The Eagle Comprehensive Plan Land Use Map designates the property as "Transitional
Residential". The Soaring 2025 (Western Area Plan) Comprehensive Plan designates this area
as being located within the Flint Estates sub area of the Park Lane Planning Area, which is a
sub area of the Western Planning area. The overall density of the proposed Symphony Square
Subdivision development is 3.1 units per acre.
The Colony Subdivision located adjacent to the east, is zoned R-l (Residential-one unit per
acre). Three lots within Colony Subdivision adjacent to this site, are a minimum of 0.83 acres
in size. The Soaring 2025 (Western Area Plan) Comprehensive Plan defines "Transitional
Density" as the shifting within a development to allow compatibility with existing uses
adjacent to the site. The Plan also defines "Feathering" as the process oftransitioning density
within a development while providing compatible lot sizes and boundaries. The Symphony
Square Subdivision preliminary plat date stamped by the City on December 20, 2006, does not
show compatible lot sizes adjacent to The Colony Subdivision on the eastern boundary of this
development. The plat also does not show sufficient feathering of lot sizes transitioning to the
western boundary of the development. Staff believes the applicant should provide a revised
preliminary plat showing more appropriate transitioning oflot sizes whereby the lots adjacent
to the Colony Subdivision would be similar in size and number and the lots to gradually
decrease in size as the lots transition to the western boundary of the development.
· Staff is concerned with the applicants request for a MU-DA (Mixed Use with a development
agreement) zone and whether this requested zone is in compliance with the Comprehensive
Plan due to the non-residential uses which are permitted within a Mixed Use zone. Staff
requested the applicant provide a revised application and narrative requesting an R-3-DA
(Residential-three units per acre with a development agreement) to comply with the
Transitional Residential Comprehensive Plan designation and possibly allowing for a
transition of lots to occur within the development. After reviewing the revised application and
narrative in relation to the proposed lot sizes as shown on the preliminary plat date stamped by
the City on December 20,2006, staff believes that iflots of similar size to the Colony
Subdivision were placed adjacent to the eastern boundary then a variation of lot sizes could
transition to the western portion of the site. To address the mix ofIot sizes and respective
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setbacks associated with this scenario, staff believes that a PUD application would be
appropriate for any development of this site.
· After submitting an application, the applicant's representative indicated to staff the possibility
of providing a landscaped berm (buffer) in lieu of providing compatible lot sizes adjacent to
the Colony Subdivision. The applicant has not provided a plat showing size, location, or
proposed landscaping ofa berm to be used as a buffer adjacent to the Colony Subdivision. Per
Eagle City Code, Title 9, subdivision plats are required to show the location of all buffer areas.
· The applicant is proposing to construct N. Fisher Park Way as a partial street section. Per
Eagle City Code, satisfactory assurance for dedication of the remaining part of the street
should be provided. The applicant should provide an agreement with the adjoining property
owner indicating an assurance for dedication of the remaining part ofN. Fisher Park Way be
submitted with the planned unit development application.
· The preliminary plat, date stamped by the City on December 20, 2006, shows the proposed
Spur Ranch Subdivision to the north of the development. To alleviate confusion, when a
planned unit development application is submitted for Symphony Square Subdivision the
proposed Spur Ranch Subdivision should not be shown on the plat. Adjacent lots may be
shown on a vicinity map, not on a plat.
· The preliminary plat date stamped by the City on December 20, 2006, does not show internal
pathways within the development (other than sidewalks adjacent to the streets). Per Eagle City
Code, the City should require the creation and maintenance of pathways which provides access
to adjacent schools, neighborhoods, and shopping areas. The area to the north bordering this
development is not developed at this time. The Colony Subdivision to the east is built out and
Symphony Subdivision to the west and south has an approved preliminary plat, however a
design review application has not been approved to date. The applicant should provide a
preliminary development plan/preliminary plat showing internal pathways providing
connectivity with the properties to the north and south.
STAFF RECOMMENDED FINDINGS:
· Rezone: With regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided to staff to date, staff believes that the
proposed rezone is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The requested zoning designation R-3-DA (Residential-up to three units per acre
with a development agreement) zone is consistent with the Transitional
Residential designation, the Goals and policies of the comprehensive plan and the
amended Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve any and all uses allowed on this property under
the proposed zone;
c. The requested zoning designations R-3-DA (Residential-up to three units per acre
with a development agreement) zone is compatible with the R-l zone (one units
per acre maximum) land use to the east because the use of transitional lots sizes
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provide a similar number of lots within this development;
d. The proposed R-3-DA (Residential-up to three units per acre with a development
agreement) zone is compatible with the MU-DA zone (Mixed Use with a
development agreement) land use to the west because this site has already
received preliminary plat approval for Symphony Subdivision a mixed use
development with residential cottages and a music academy adjacent to this site
and the use of transitional lots sizes and a landscape buffer adjacent to N. Fisher
Park Way provide a similar number of residential units within this development;
e. The proposed R-3-DA (Residential-up to three units per acre with a development
agreement) zone is compatible with the MU-DA (Mixed Use with a development
agreement) zone land use to the south because this site can be developed in the
same manner or if a commercial use is permitted that development will be
required to provide a buffer adjacent to this site;
f. The proposed R-3-DA (Residential-up to three units per acre with a development
agreement) zone is compatible with the A-R (Agricultural-Residential-up to one
unit per five acres) zone to the north since the Comprehensive Plan designates this
area as Transitional Residential and can be developed in a similar manner;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special
Area" as described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
· 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:
I. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or Eagle
City Code Title 9, as shown within the findings provided within this document
and the proposed residential use is in accordance with the residential land use
designation of this area shown within the Comprehensive Plan;
2. The subdivision will be served adequately by essential public facilities such as
streets, police and fire protection, schools, drainage structures, refuse disposal,
water and sewer; or that the persons or agencies responsible for the establishment
of the proposed use shall be able to provide adequately any such services, as noted
in the documentation provided from said agencies and as required as a part of the
conditions of approval;
3. That there are no known capital improvement programs for which this
development would prevent continuity;
4. That based upon agency verification and additional written comments of the Eagle
Fire District, Eagle Sewer District, and Ada County Highway District as
conditioned herein, there is adequate public financial capability to support the
proposed development;
5. That any health, safety and environmental problems that were brought to the
Commission and Council's attention have been adequately addressed by the
applicant or will be conditions of approval as set forth within the conditions of
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approval herein.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Rezone with a
Development Agreement and Preliminary Plat with conditions as provided within the Memo to the
Planning and Zoning Commission dated March 15,2007.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on March 5,
2007, at which time testimony was taken and the public hearing was closed. The Planning and Zoning
Commission directed the applicant to provide a revised preliminary plat showing the changes
recommended by City staff. The Planning and Zoning Commission reviewed the recommended
changes at the March 19,2007, meeting and made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission from
no one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission at
the March 5, 2007 hearing by two individuals who discussed their concerns with the size of the lots in
relation to transitioning from The Colony Subdivision. One of the individuals submitted a plan
showing eleven (II) lots with one (1) acre lots adjacent to The Colony Subdivision and indicated the
developer should provide significant buffering adjacent to The Colony Subdivision. The other
individual also voiced concern regarding the construction of a berm adjacent to The Colony
Subdivision due to possible drainage issues.
COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 5 to 0 to recommend approval of RZ-28-06 for a rezone from A-R to R-3-
DA with conditions to be placed within a development agreement as provided within their findings
of fact and conclusions oflaw document, dated April 2, 2007.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend approval ofPP-22-06 for a preliminary plat for
Symphony Square Subdivision with the site specific conditions of approval and standard
conditions of approval provided within their findings of fact and conclusions of law document,
dated April 2, 2007.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on April 10,2007, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council from no one (other than the
applicant/representative ).
C. Oral testimony in opposition to this proposal was presented to the City Council by two (2) individuals.
One (I) individual (who indicated he was the spokesman for The Colony Subdivision) discussed the
Colony Subdivision's concerns regarding the lack of conformity to the Comprehensive Plan, the
continuity or transition from The Colony Subdivision in regard to lot sizes and that the lot sizes should
not be based on the adjacent undeveloped commercial property; the proposed density does not comply
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with the Comprehensive Plan, Park Lane Planning Area language which they interpret this area should
transition starting at the eastern boundary from one (I) unit per acre to two (2) units per acre on the
western boundary of the development; and the property should not be zoned Mixed Use. One (I)
individual voiced concerns that a decision regarding density and transitional lot sizes is being made
based on adjacent undeveloped commercial property.
COUNCIL DECISION REGARDING THE REZONE:
The Council voted 4 to 0 to approve RZ-28-06 for a rezone from A-R to R-3-DA with the
following Planning and Zoning Commission recommended conditions to be placed within a
development agreement with underlined text to be added by the Council and text shown with
strike-through to be deleted by the council.
3. I The development shall contain no more than fifteeR (15) fourteen (I 4) residential
units.
3.2 The density for the property shall not exceed ~ 2.26 dwelling units per acre.
3.3 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, notice shall be provided as may be required by
the City.
3.4 All buildable lots along the eastern property line adjacent to The Colony Subdivision
shall be a minimum of28,000-square feet in size.
3.5 All lots shall comply with the height and area regulations for the R-3 zone contained in
Eagle City Code 8-2-4.
3.6 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.
3.7 The conditions, covenants, and restrictions for the Property shall contain at least the
following:
(a) Provide that the association(s) shall have the duty to maintain and operate all of
the common landscape areas in the subdivision in a competent and attractive
manner, including the watering, mowing, fertilizing and caring for shrubs and
trees, in accordance with Eagle City Code, in perpetuity.
(b) An operations and maintenance manual for the irrigation system requiring the
association(s) shall have the duty to maintain and operate the pump providing
water to the system including the funding mechanism for the repair and
replacement of the pump.
3.8 The applicant shall submit a design review application showing at a minimum: I)
proposed development signage, 2) planting details within the proposed and required
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landscape island and all common areas throughout the development, 3) elevation
plans for all proposed common area structures and irrigation pump house (if
proposed), 4) landscape screening details of the irrigation pump house (ifrequired), 5)
useable amenities such as picnic tables, covered shelters, benches, playground
equipment, gazebos, and/or similar amenities. The design review application shall be
reviewed and approved by the Eagle Design Review Board and Eagle City Council
prior to the submitting an application for final plat.
3.9 The applicant shall obtain a license agreement from ACHD, to allow the right-of-way
between this property and the edge of pavement to be landscaped prior to the City
Clerk signing the final plat.
3.10 All structures (house, shops, sheds, etc.) within the required setbacks for the R-3 zone
shall be removed prior to the City Clerk signing the final plat. Demolition permits
shall be obtained from the City of Eagle Building Department prior to the removal of
the structures.
3.11 The developer shall obtain the proper permits for the removal of the existing well and
septic prior to submittal of a final plat application.
3.12 The existing well for the existing house located on Lot 7, Block 1, shall be
disconnected from domestic use and certification of connection to a municipal system
from United Water ofIdaho be provided to the City prior to the City Clerk signing the
final plat.
3.13 The applicant shall tile the Ballantyne Irrigation Ditch within the subject property and
provide an access easement as required by the Ballantyne Irrigation Ditch Company
prior to the City Clerk signing the final plat.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP-22-06 for a preliminary plat date stamped by the City on
March 16, 2007, for Symphony Square Subdivision with the following Planning and Zoning
Commission recommended site specific conditions of approval and standard conditions of
approval with underline text to be added by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all conditions within the development agreement for rezone application RZ-28-06.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
4. Provide a copy of the license agreement with Ada County Highway District (ACHD) for
landscaping and sidewalks to be located in the right-of-way and a copy of the easement provided
to ACHD for the sidewalks to be located outside of the right-of-way prior to final plat approval.
5. Provide documentation that pressurized irrigation will be provided prior to submitting an
application for final plat.
6. The applicant shall place a note on the final plat that all common areas are to be owned and
maintained by the Symphony Square Subdivision Homeowner's Association. 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 final plat. The CC&Rs for
the Symphony Square Subdivision Homeowner's Association shall provide that the association
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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.
7. Provide documentation indicating central services are provided to the existing dwelling if it is to
be relocated within the subdivision prior to the City Clerk signing the final plat.
8. Provide documentation showing the proper approvals have been provided for the abandonment of
well and septic system for the existing dwellings shown on Lot 7, Block 1, of the preliminary plat
date stamped by the City on March 15,2007, prior to the City Clerk signing the final plat.
9. 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 developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets within this
development. Trees shall be placed at the front of each lot generally at each side property line, or
as approved by the Design Review Board. The trees shall be located in the 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 permits for the homes. A
temporary occupancy may be issued if weather does not permit landscaping.
11. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will
be integrated into the open space areas or private lots (unless approved for removal by the City
Forester and the Design Review Board) shall be provided for Design Review Board approval prior
to the submittal of a final plat. The applicant shall have an on-site meeting with the City Forester
to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be
installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved,
prior to the commencement of any construction on the site.
12. Add a note to the final plat which states that, "Minimum building setback lines shall be in
accordance with the height and area regulations for an R-3 zone prior to submitting an application
for final plat approval.
13. The Symphony Square Subdivision shall remain under the control of one Homeowners
Association.
14. The applicant shall provide CC&R's that the Symphony Square Subdivision Homeowner's
Association shall have the duty to maintain and provide a funding mechanism for the repair and/or
replacement of equipment of the pressurized irrigation system in perpetuity.
15. Provide a revised preliminary plat showing one (n buildable lot removed from the fifteen (] 5)
buildable lots as shown on the preliminary plat date stamped bv the City on March 16.2007. for a
total of fourteen (] 4) buildable lots and showing the two (2) lots adiacent to the eastern boundary
adiacent to The Colonv Subdivision to be a minimum of 37.000 square feet in size prior to
submitting a final plat application.
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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. Idaho Department of Health & Welfare 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 I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity 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.
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
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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.
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 ofthe 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 for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall 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
prior to the City Engineer signing the final plat.
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16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall record the subdivision CC&R's in the office of the Ada County Recorder prior
to the sale of the first lot. The applicant shall provide the City a copy of the recorded CC&R's
prior to the issuance of any building permits.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
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. 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)).
29. 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 ] 50% 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
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guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept oflighting.
34. 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.
35. 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.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
I. A Neighborhood Meeting was held at 6:00 PM, December 13, 2006, on site in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received by
the City of Eagle on December 20,2006.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on February 12, 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 February 9, 2007. Requests for agencies' reviews
were transmitted on January 3, 2007, in accordance with the requirements of the Eagle City Code. The
site was posted in accordance with the Eagle City Code on February 22, 2007.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on 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 23, 2007. The site was posted in accordance with the Eagle City Code
on March 29,2007.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-28-06) with
regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the
information provided concludes that the proposed rezone is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
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a. The requested zoning designation R-3-DA (Residential-2.26 units per acre with a
development agreement) zone is consistent with the Transitional Residential Land Use
Map designation, the Goals and policies of the Comprehensive Plan;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be
provided, to serve any and all uses allowed on this property under the proposed zone;
c. The requested zoning designation R-3-DA (Residential-2.26 units per acre with a
development agreement) zone is compatible with the R-I (one units per acre maximum)
zone and land use to the east because the use of transitional lots sizes provide a similar
number of lots adjacent to the existing development;
d. The proposed R-3-DA (Residential-2.26 units per acre with a development agreement)
zone is compatible with the MU-DA (Mixed Use with a development agreement) zone and
land use to the west because this site has already received preliminary plat approval for
Symphony Subdivision a mixed use development with residential cottages and a music
academy adjacent to this site and the use of transitional lots sizes and a landscape buffer
adjacent to N. Fisher Park Way provide a similar number of residential units within this
development;
e. The proposed R-3-DA (Residential-2.26 units per acre with a development agreement)
zone is compatible with the MU-DA (Mixed Use with a development agreement) zone and
land use to the south because this site can be developed in the same manner or if a
commercial use is permitted that development will be required to provide a buffer adjacent
to this site;
f. The proposed R-3-DA (Residential-2.26 units per acre with a development agreement)
zone is compatible with the A-R (Agricultural-Residential-up to one unit per five acres)
zone and land use to the north since the Comprehensive Plan designates this area as
Transitional Residential and can be developed in a similar manner;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-22-
06) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Land Subdivisions) because:
a. The subdivision will be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as
shown within the findings provided within this document and the proposed residential use
is in accordance with the Residential land use designation of this area shown within the
Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets,
police and fire protection, schools, drainage structures, refuse disposal, water and sewer;
or that the persons or agencies responsible for the establishment of the proposed use shall
be able to provide adequately any such services, as noted in the documentation provided
from said agencies and as required as a part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
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d. That based upon agency verification and additional written comments of the Eagle Fire
District, Eagle Sewer District, and Ada County Highway District as conditioned herein,
there is adequate public financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Commission
and Council's attention have been adequately addressed by the applicant or will be
conditions of approval as set forth within the conditions of approval herein.
DATED this 12th day of June, 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Coun Idaho
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