Findings - PZ - 2009 - A-07/RZ-09-07/PP-11-07 - Rz From Rut, Ps-Da,Ar To Bp-Da/Stillwater Business Park/16-Lot/30.38 Acres/2505 W Sta
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT, PS-DA, AND A-R TO BP-DA )
AND PRELIMINARY PLAT FOR )
STILLWATER BUSINESS PARK FOR )
TRI CEDARS MANAGEMENT, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBERA-07-07/RZ-09-07 & PP-ll-07
The above-entitled rezone with a development agreement, and preliminary plat applications came before
the Eagle Planning and Zoning Commission for their consideration on January 5, 2009, at which time
public testimony was taken, the public hearing was closed and the Commission made their
recommendation. The Eagle Planning and Zoning Commission, having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
STAFF FINDINGS OF FACT:
A. PROJECT SUMMARY:
Tri Cedars Management LLC, represented by Ron Bath with Salmon Point Development,
Inc., is requesting annexation and rezone from RUT (Rural Urban Transition), PS-DA
(Public/Semi-public with a development agreement) and A-R (Agricultural Residential) to
BP-DA (Business Park with a development agreement) and preliminary plat approval for
Stillwater Business Park, a 16-10t (13-buildable, 3-common) commercial development.
The 30.38-acre site is located approximately 1,300 feet west ofW. Ballantyne Road on the
south side ofW. State Street (SH 44) at 2505 W. State Street (SH 44).
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Rembrandts Coffee House 6:00 PM, June 24, 2008,
in compliance with the application submittal requirement of Eagle City Code. The
applications for this item were received by the City of Eagle on March 15, 2007. A
revised preliminary plat was received by the City on June 11, 2008 and a second revised
preliminary development plan/preliminary plat was received on October 28, 2008.
C. NOTICE OF PUBLIC HEARING:
Notice of public hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on November 24, 2008. 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 November 21, 2008. The site was posted in accordance with the Eagle
City Code on November 23, 2008. Requests for agencies' reviews were transmitted on
November 6, 2008 in accordance with the requirements of the Eagle City Code.
D. HISTORY OF PREVIOUS ACTIONS:
On August 26, 2008, the City Council approved a comprehensive plan map and text
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amendment to change the land use designation on the Comprehensive Plan Land Use Map
from Residential One (up to 1 unit per acre) and Residential Two (up to 2 units per acre) to
Business Park, and to establish a new planning sub-area within the Land Use Chapter of
the plan for Ed Priddy (CPA-02-08).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Business Park RUT (Rural Urban Agricultural, Residential,
Transitional-Ada County Sewer treatment facility
designation)
A-R (Agricultural
Residential)
PS-DA (Public/Semi-
public with a
development agreement)
Proposed No Change BP-DA (Business Park Business/Technical Park
with development
agreement)
North of site Residential Two (up A-R (Agricultural SH 44, Residential and
to one unit per acre)/ Residential) agricultural (Timberland
Mixed Use R-l (Residential, one unit Subdivision and Countryside
per acre maximum) Estates Subdivision)
South of site Residential Two (up RUT (Rural Urban Agricultural/Boise River
to two units per acre) Transitional-Ada County
designation)
East of site Residential Two (up PS-DA (Public/Semi- Central sewer facility (Eagle
to two units per acre) Public with development Sewer District)
agreement)
West of site Residential One (up Rl (Residential-Ada ResidentiaV Agricultural
to one unit per acre) County designation)
RUT (Residential Urban
Transition-Ada County
designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site - 30.38-acres
Total Number of Lots - 16
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Commercial - 13
Common - 3
Total Number of Units - 0
Total Acreage of Any Out-Parcels - 0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre nla nla
Minimum Lot Size 35,653 - square feet n/a
Minimum Lot Width 140- feet 25-feet
Minimum Street Frontage 140- feet 35-feet
Total Acreage of Common Lots 3.72-acres (approximately) 2.8-acres
Percent of Site as Common Area 12.3% 10% (minimum)
I. GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
The applicant is proposing a ten foot (l 0') wide meandering pathway adjacent to SH 44. Because this
portion of the property lies with the Scenic Corridor the applicant should be required to incorporate
extensive landscaping along SH 44.
The applicant is also proposing a greenbelt pathway that will connect to the sewer district property to
the east and extend along the southern portion of the property adjacent to the north channel of the
Boise River. The greenbelt pathway should be required to comply with Eagle City Code Section 9-4-
1-6(D)(l) which requires greenbelt pathways adjacent to the Boise River to be a minimum often feet
(l 0') wide and located within a twenty foot (20') wide easement.
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 to be not less than
12 feet wide. Irrigation water will be provided from existing groundwater and surface
water rights on the property.
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Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no): no
Preservation of Existing Natural Features:
The property is situated adjacent to the Boise River corridor and contains an abundance of
mature riparian vegetation and wildlife habitat. Mature trees exist in the floodway and
parts of the floodplain areas of the site.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
J. STREET DESIGN:
Public Streets:
According to the preliminary plat date stamped by the City on October 28, 2008, the
applicant is proposing an internal public road that will access Stillwater Business Park
from West State Street (SH 44). The entrance to the site will be on property acquired
from the Eagle Sewer District and is planned to align with the future re-alignment of
Ballantyne Lane on the north side of West State Street (SH 44). The applicant has
proposed a stub street to be located on the west section of the development approximately
382-feet south of West State Street (SH 44). The stub street will provide future access
to development to the west.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: One cul-de-sac is proposed on the southern portion of the site.
Sidewalks:
A five-foot (5') wide concrete sidewalk separated from the road by a seven foot (7') wide
landscape strip is proposed along both sides of the interior roadways, including the main
entrance from State Street (SH 44).
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
shall be reviewed and approved with a design review application for this development.
Street Names:
Street name should be approved by the Ada County Street Name Committee prior to final
plat approval. Any modifications of street names shall be completed before final plat
approval.
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K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian walkways are provided through a multi-purpose pathway system and the
detached sidewalk system. The pathway system will also connect to existing and future
developments on the adjacent parcels to the west. The applicant is proposing a pathway
system that will connect into pathway easements to the north and south of the property and
along the Boise River as shown in the 2007 Comprehensive Plan Transportation/Pathway
Network Map #1 of2.
Bike Paths:
Bike paths are not designated on the preliminary plat date stamped by the City on October
28, 2008. However, bicyclists will have access to the pathway sections discussed above.
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.
L. PUBLIC USES PROPOSED:
See "Open Space" noted above.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - yes, Boise River Corridor and riparian habitat
Evidence of Erosion - no
Fish Habitat - yes
Floodplain - yes
Mature Trees - yes (in floodway and floodplain areas)
Riparian Vegetation - yes
Steep Slopes - no
Stream/Creek - yes (Boise River corridor)
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - yes (riparian, Boise River corridor)
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
The applicant will be required to submit an environmental impact assessment for the
development.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report and included herein by reference. Comments which appear to be of special concern
are noted below:
City Engineer: All comments within the engineer's letter are of special concern (attached to the
staff report and included herein by reference).
Ada County Highway District - General comments concerning street sections and right-o.fway
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Central District Health - Written approval from central water and sewage
Chevron Pipeline - No conflict
Department of Environmental Quality - General comments regarding air and water quality and
hazardous waste
Idaho Department of Fish and Game - Comments concerning floodplain and impacts to the
wetlands
Idaho Department of Lands - No impact
Idaho Transportation Department - Comments concerning alignment of Ballantyne Road and
preserving the 100' of right-o.fway.
Q. LETTERS FROM THE PUBLIC: None received to date.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant states in the narrative that the development is proposed to develop in one
phase.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
SH-44 and Ballantyne Planning Area (pending resolution adoption)
The SH-44 and Ballantyne Planning Area is located south of SH-44 between the planned intersection
of SH-44 and Ballantyne Road and the planned intersection at SH-44 and Eagle Island State Park.
The planning area is designated as Business Park to accommodate a growing technical industry within
the City and valley, to provide employment options for City residents, and as a recognition of the
impacts of the regional transportation network and neighboring land uses (sewage treatment plant and
state park) in the area.
a. Uses
The land use and development policies specific to the SH-44 and Ballantyne Planning Area
include the following:
1. The area is to be developed as a business/technical park with limited ancillary uses.
2. The area should be designed to capitalize on the Boise River by providing trails and
open space throughout the area and ensuring public access to the river.
3. The area should be designed to provide sufficient space for corporate headquarters and
emerging technical uses in a park-like setting.
4. This area is intended to serve as a unique location for business and technical uses within
the City of Eagle to encourage the location of clean industry into the City while buffering
between the Eagle Sewer District Sewer Treatment facility to the east and Eagle Island
State Park to the west.
5. Small Neighborhood CommerciallLimited Service Commercial uses may be
considered as an ancillary uses which should not to exceed 10% of the buildable acres.
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Ancillary uses are intended to be secondary and complimentary to the business and
technical uses and intended to provide support services to the planning area.
6. The area north of the Boise River should be improved with pathways and other
amenities to encourage active recreation and passive enjoyment of the river and riparian
area.
7. All uses in the planning area should be designed with consistent architecture, design,
and signage as well as community design and art elements to create a campus feel
throughout the area.
8. Temporary/Corporate housing should be considered as a complimentary ancillary use in
this area and should be scaled and designed to be consistent with the needs of the primary
uses in the planning area.
9. Public access should be maintained to provide residents, business park employees and
guests access to the greenbelt and river, similar to the access provided in the Eagle River
Area.
b. Access
Access to the SH-44 and Ballantyne Planning Area will be from the signalized intersections of SH-
44 at Ballantyne Road and Eagle Island State Park.
All access should be reviewed for compliance with the State Street! SH44 corridor management
plan.
A new internal collector parallel to SH-44 should be built at the time of development to move
traffic within the area. All single-parcel access points to the State Highway should be
eliminated/consolidated during the development process.
A pathway and trails network should be encouraged to provide pedestrian access along the Boise
River connecting the SH-44 and Ballantyne Planning Area to the existing City pathway system.
c. Design
All uses in the planning area should be designed to fit into a park-like setting appropriate for
corporate headquarters and the emerging technical industry with consistent and complimentary
architecture, design, and signage.
The planning area should be designed to be internally focused, providing the ability to capture or
collect trips for the larger planning area with some limited trip capturing from SH-44 and adjacent
residential areas.
Parking should be cooperative and joint parking agreements should be encouraged. Due to the
intensity of use (need for semi-truck access) on-street parking should be avoided in this area.
Parking should be grouped between buildings on the site so not to locate large parking lots
adjacent to the Boise River view shed or SH44.
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Signage should be uniform and should be focused to the interior of the development along the
parallel collector to ensure that the highway rights-of-way are not cluttered with individual and
monument signs. The planning area should include a single monument entry sign at the signalized
intersections to establish place making reference. Consistent design elements should be repeated
throughout the area to establish and maintain identity. Tall landscape berms should be avoided
along SH-44 to prevent business park buildings from being obscured but a landscaping buffer
should be significant enough to separate the uses from the State Highway and instill a park-like
atmosphere.
d. Issues
One of the main concerns in developing this area for a variety of uses is the need to maintain a
balance among the various employment opportunities that of the Business Park designation affords.
The goal is to create an environment where a broad range of employment opportunities are
available. To achieve this goal, commercial development must be limited to uses business use and
should be limited to 10% ofthe total planning area; big box uses should be prohibited.
Due to the electrical demands of the many business and technical park uses, the planning area
should identify a site for an electrical substation. If a substation is not sited early in the
development of the area, it is likely the intent of this planning area to function as a technical park
will be limited.
To achieve this goal, commercial development must consist of larger corporate/employment uses,
with ancillary support uses comprising no more than 10% of the total planning area; big boxes
should be prohibited.
Chapter 1 - Overview
1.1 City of Eagle Statement of Purpose
b. To ensure that adequate public facilities and services are provided to the
people at reasonable cost.
1.3 The City of Eagle Vision Statement
b. interconnected with user-friendly pathways and roadways;
Chapter 8 - Transportation
8.1 Background (reads in part)
Transportation planning and land use planning should be compatible with Eagle's
transportation system and should take into account projected land use as depicted
on the Eagle Land Use Map.
8.2.1 Principal Arterial
Mobility Function:
The primary function of a principal arterial is to provide major
circulation and movement through urban areas and to connect with
major activity centers and freeways. A principal arterial may serve
motorized and non-motorized transportation needs and may include up
to seen vehicular traffic lanes.
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Access Function:
Access from other roadways is controlled and subordinate to traffic on
the principal arterial street. Direct lot access is typically prohibited or
severely restricted.
Right-of-Way:
Rights-of-way are determined by the Ada County Highway District
which should seriously consider recommendations provided by the City.
8.4 Collectors
Mobility Function:
The primary function of a collector street is to intercept traffic from
local streets and carry the traffict 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 accommodated the
projected vehicle volume and in conformance with the current Long
Range Transportation Plan of COMPASS. On-street parking is
typically prohibited.
Access Function:
To provide limited and controlled access to commercial and industrial
areas and to residential neighborhoods. Direct lot access is typically
restricted. The City's Access Management Plan should be the final
determination of any site access plan.
Right-of-way
As shall be determined by the Highway District having jurisdiction with
recommendations by the City and seriously considered by the Highway
District.
8.3 City of Eagle Functional Pathway Classifications
An effective pathway system should include a combination of Paths and
Lanes. The City of Eagle TransportationlPathway Network Maps #1 and
#2 illustrates the various classifications and locations which are included
in the pathway system and described as follows:
8.3.1 Bike Lanes
Function:
Primarily used as a lane for bicycles and other non-motorized
uses.
Location:
Bike Lanes usually exist on the same pavement surface as
motorized lanes. Arterials and collectors should be provided with
bike lanes on each side of the roadway.
8.4 Goals
Public Transit Goals
Optimize the effectiveness of public transit through supporting land use
decisions.
Promote land use changes and redevelopment plans in key areas that
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provide densities and activities that promote the use and efficiency of a
public transit system.
Coordinate with the Land Use Elements of the Comprehensive Plan to
establish potential transit nodes in the future transit corridors.
Pathway System Goals
Encourage the development of a local and regional pathway system. The
design ofthe pathway system should be coordinated with other elements
of the City's Comprehensive Plan. The pathway system is to provide
basic mobility for some and a non-drive alone mode for everyone.
8.5.1 Objectives
Encourage alternative transportation forms such as walking and biking.
Chapter 9 - Parks, Recreation and Open Spaces
9.5 Pathways And Greenbelts (reads in part)
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.
9.6 Open Space
Open space is land which is not used for buildings or structures and offers
opportunities for parks, recreation, water amenities, greenbelts, river trails and
pathways, tourism, leisure activities, viewpoints, and wildlife habitat.
9.6.1 Goal
To provide wherever possible open space and natural features such as
natural river frontage, greenbelts, river trails and pathways, creeks, flood
plains and flood ways, drainage ways and canals, development buffers,
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wooded areas, grasslands, foothills, and viewpoints for public use and
enjoyment.
9.6.2 Objectives
a. To establish open space to protect the finite resource base of Eagle's
natural environment - air, ground water, surface water, soil, forested
areas, plant and wildlife habitats, agricultural lands, and aquifer
recharge, watersheds, and wetlands.
b. To provide an open space setting for active and passive recreation for
all age groups throughout the community.
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.
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 8-2-1 BP BUSINESS PARK DISTRICT (in part):
To encourage the development of technical park/research and development facilities,
offices, and office complexes, and limited manufacturing activities including small scale
production, distribution and storage of goods. Support activities may also be permitted.
All development within this district shall be designed to be within a landscaped setting,
and be free of hazardous or objectionable elements such as noise, odor, dust, smoke or
glare. Such development shall be operated entirely within enclosed structures, and
generate minimal industrial traffic.
· ECC Section 8-2-4 Schedule of Building Height and Lot Area:
Zoning Maximum UU Interior Street Maximum Lot Minimum Lot Area (Acres Or Minimum
District Height Side Side Covered Sq. Ft.) G And H* Lot
Width 1*
IBP 1135' 1~~lo' 1120' 1150% I In/a 1125' I
· ECC Section 8-2-4(I):
Lot width shall be determined as follows: the distance between side lot lines measured at a
point midway between the front and rear lot lines. Minimum lot frontage, the portion of a
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lot front adjacent to a public or private street, for all residential zoning districts shall be 35
feet.
· ECC Section 8-2A-7 (J)(4) (c):
Any road deSIgnated as a principal arterial on the Ada County long range highway and
street map:
A minimum of fifty feet (75') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (l00) linear feet of right of way: five
(6) shade trees, eight (l0) evergreen trees, three (4) flowering/ornamental 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 (lO') high, maximum eight foot (l2') 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 (1 ') vertical distance. If a 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.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· ECC Section 9-1-6 Rules and Definitions
OPEN SPACE: A common area platted as a separate lot, or an area dedicated to and
accepted by the city, substantially open to the sky, exclusive of streets, buildings and other
covered structures.
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which
normally includes streets, sidewalks and other public utilities or service areas.
. ECC Section 9-3-1Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions,
improvements and facilities done, constructed or made in accordance with said provisions
shall comply with the minimum design standards set forth in this chapter; provided,
however, that any higher standards adopted by any highway district, the Idaho
transportation department or health agency shall prevail over those set forth herein.
· ECC Section 9-3-2-2 Street Widths:
A. Street and road right of way widths, grade, alignment, and so forth, shall conform to
the adopted major street plan or comprehensive plan and shall be approved by the
highway district and/or other agency having jurisdiction.
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· ECC Section 9-3-6 Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines when deemed necessary. Total easement width shall not be less than
twelve feet (12').
B. Unobstructed drainageway easements shall be provided as required by the city council.
· 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.
F. Sidewalk Design:
3. Sidewalks shall be separated from the edge of the abutting roadway and/or
back of curb by a minimum eight foot (8') wide landscape strip. The
landscape strip shall be completed with sod, automatic irrigation, and planted
with three inch (3") minimum caliper shade class trees along all streets within
the subdivision. Installation of landscaping shall be in accordance with section
8-2A-7 code. The area within the eight foot (8') wide landscape strip may be
counted toward the minimum required area open space.
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;
c. Adopted pathway elements within the comprehensive plan and the
ridge to rivers pathway plan;
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
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and shall be located within a twenty foot (20') wide pedestrian access
easement.
2. Barriers may be placed at the terminal ends of paths to restrict use by motor
vehicles while allowing use by bicycles, wheelchairs and other modes of
travel.
3. 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') (Le., 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.
. ECC Section 9-5-4-3 Site and Structure Requirements:
B. Environmental Assessment Plan: The developer shall prepare and submit an
environmental assessment along with the preliminary plat application for any
development that is proposed within an area of critical concern.
C. The content of the environmental assessment shall be prepared by an interdisciplinary
team of professionals that shall provide answers to the following questions:
1. What changes will occur to the area of environmental concern as a result of
the proposed development?
2. What corrective action or alternative development plans could occur so as not
to significantly change the area of environmental concern?
3. What changes in the area of environmental concern are unavoidable?
4. What beneficial or detrimental effect would the development have on the
environment including, but not limited to, animal life, plant life, social
concerns, economic, noise, visual, available farm land and other?
D. Areas Of Critical Concern: The following areas are specifically identified as areas of
critical concern:
1. Boise River Flood Plain: The Boise River flood plain and certain intervening
and immediately adjacent areas are designated as areas of critical concern due
to their ecological and scenic significance. This area comprises the two (2)
channels of the Boise River and intervening and immediately adjacent areas,
as depicted on the land use designation map of the comprehensive plan
adopted by the city of Eagle on May 11, 1993, as a "Special Area", including
that portion in the Eagle impact area.
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D. FLOOD CONTROL ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS APPLICATION:
. ECC Section 10-1-8-4 Subdivisions:
A. All subdivision proposals shall be consistent with the need to minimize flood
damage;
B. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to minimize
flood damage;
C. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage; and
D. Base flood elevation data shall be provided for subdivision proposals and
other proposed development located within any area of special flood hazard.
(Ord. 332, 2-23-1999)
E. DISCUSSION:
. The applicant is proposing to rezone 24.6-acres (approximately) of the property from RUT
(Rural - Urban Transition-Ada County designation) to BP-DA (Business Park with a
development agreement), 0.66-acres (approximately) from A-R (Agricultural Residential) to
BP-DA (Business Park with a development agreement) and 5.l-acres (purchased from the
Eagle Sewer District) from PS-DA (Public/Semi-Public with a development agreement) to BP-
DA (Business Park with a development agreement).
. The City's vision for development in this area is to promote a business/technical park
environment that establishes a corporate campus feel integrating interesting architectural
elements, streetscape design, employee/public gathering places, and a pedestrian/bicycle
friendly environment that encourages the use of the Boise River and greenbelt system as an
amenity to employees and the public. To assist in promoting a more vibrant campus
environment development should include ancillary uses (encompassing 10% or less of the
development) such as restaurants, coffee shops and/or temporary housing (hotels or
apartments).
This particular area is also being considered by the City as one of several possible transit
oriented development (TOD) nodes along the State Street (SH 44) corridor. Functional TOD
nodes should encompass design characteristics that create a "sense of place" through
architecture, landscaping and other pedestrian focused amenities. Further, TOD style
development should provide for a mix of uses, higher densities (if associated residential uses
are approved) and a variety of employment opportunities. To this end staffwill encourage,
through the rezone, platting, and design review process, amenities and design standards that
promote the above stated TOD goals.
. Some members of staff conducted a field trip to various business/technical parks around the
valley that espoused certain design elements that were found to be desirable. Common
elements included landscaped streets, roundabouts, meandering road sections, plazas, and
pathways connecting to plazas or other amenities. As mentioned above in the TOD discussion
section, streets should be designed in a way so as to provide some visual and pedestrian level
interest in a way that achieves a "campus" feel. Roadway and streetscape design can go a long
way in promoting the desired effect. Staff offers the following streetscape and street design
elements for the Commission and Council to consider/discuss:
1. Provide a landscaped roundabout at the intersection ofW. Estech Street and S.
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Stilltech Place. This would not only provide some design and streetscape
interest, but would also effectively work to calm traffic as it travels through
the proposed development to and from future adjacent development to the
west.
2. Provide landscaped islands to be located at the center of the internal streets
where appropriate and approved by ACHD. Landscaped islands work to calm
traffic and provide an improved pedestrian friendly environment.
3. The preliminary plat date stamped by the City on October 28,2008, shows
that internal roads to be straight. Providing some curvature within the
roadway system provides some street level design interest and further acts as a
traffic calming mechanism.
· In the above mentioned field trip staff closely observed architectural elements in building
structures as well as features that either introduced the development to the visitor or artistically
promoted a sense of place. These included interesting building designs, creative entry
features, artistic fountains and plaza or public interest features. As previously stated, this
development will set the precedent for the adjacent business/technical park developments.
Therefore, it is important that the City and the developer work together to establish design and
architectural concepts that promote the desire outcome. Some ideas to consider include:
1. Establishing a building design standard for the development(s) that includes
examples of preferred building designs promoting architectural flow and a
campus feel.
2. Promote entry features that establish a sense of place and an identity for the
park.
3. Encourage entry features and artistic elements that create uniqueness to the
development and promote a sense of place.
4. Encourage plaza areas that incorporate artistic elements and the natural
amenities associated with the Boise River and Greenbelt.
· The preliminary plat date stamped by the City on October 28, 2008, shows an
industrial/commercial street cross section that proposes five foot (5') wide sidewalks separated
by seven foot (7') wide planter strips. City Code requires that sidewalks be separated from the
edge ofthe abutting roadway and/or back of curb by a minimum eight foot (8') wide landscape
strip. The applicant should provide a revised preliminary plat that shows all sidewalks within
the business park to be separated by an eight foot (8') wide landscape strip, prior to submittal
of final plat application.
· The applicant will be required to provide linkages within the development for two (2) regional
pathways systems. One ten foot (10') wide pathway will be provided north of the property and
will extend adjacent to SH 44. The other pathway will be ultimately become a part of the
Boise River Greenbelt system and extend along the southern portion of the property. This
pathway should be ten feet (10') wide and reside within an existing twenty five foot (25') wide
easement. After this section of the greenbelt is completed adjacent developments to the east
and west will be required to connect to it. The applicant should provide a pathway plan that
shows cross sections of both proposed pathways, construction materials, and termination
points on the property. The pathway plan should be reviewed and approved by the Eagle
Parks and Pathway Committee prior to the submittal of a design review application
application.
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· According to the preliminary plat date stamped by the City on October 28, 2008, Lot 6, Block
2, is shown as a buildable lot that spans both sides of the proposed cul-de-sac and extends to
the north edge of the North Channel of the Boise River. It has not yet been made clear to staff
what kind of development will occur on this large lot. The applicant has indicated that the lot
may be further subdivided at a future date or it may be developed with a single commercial
use. The applicant has agreed that the southern portion of the lot, as it extends into the 100
year floodplain and floodway, and to the proposed greenbelt extension would likely be
developed as open space and incorporate further employee/public amenities. It is staffs
opinion that the applicant should provide a revised preliminary plat that shows a separate lot
split off from southern portion of Lot 6, Block 2, that is to remain, in perpetuity, as an open
space lot. The revised preliminary plat should be reviewed and approved by staff prior to the
submittal of final plat application.
· According to the applicant, Lot 7, Block 2, will be sold to James McCauley, who owns the
property directly to the north of Lot 7, Block 2. In order to prevent a situation where an out-
parcel is created, the applicant should provide to the City a lot line adjustment application to
make Lot 7, Block 2, a part of the parcel currently owned by James McCauley. Language
should be added to the development agreement for this property requiring that a lot line
adjustment application be submitted to the City removing Lot 7, Block 2, from the preliminary
plat prior to the submittal of final plat application.
· The Eagle Sewer District has agreed to sell the applicant 5.1-acres (approximately) of land
located at the northeast section of the proposed subdivision. The 5 . I-acres are located within
the City limits and are proposed by the applicant to be rezoned from PS-DA (Public/Semi-
public with development agreement) to BP-DA (Business Park with a development
agreement). This acquisition will allow the proposed access to the property to align with the
future re-alignment planned for Ballantyne Lane and will provide the applicant with four (4)
additional lots. The applicant should provide a lot line adjustment application for the property
to be acquired from the Eagle Sewer District so that it can become assimilated into the overall
development. The lot line adjustment application should be reviewed and approved by the
City prior to the submittal of a final plat application.
STAFF RECOMMENDED FINDINGS PROVIDED IN THE STAFF REPORT:
· Rezone: With regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided to staff to date, staff believes that the
proposed rezone is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The requested zoning designation of BP-DA (Business Park with a development
agreement) is consistent with the Business Park land use designation as shown on the
Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities are not in
proximity to this location, nor expected to be provided, to serve single-family dwelling
units on this property under the proposed zone therefore the site will be served by
individual wells and septic systems;
c. The proposed BP-DA (Business Park with a development agreement) zone is
compatible with the A-R (Agricultural Residential) and R-l (Residential - up to 1
dwelling unit per acre) zones and land use to the north since SH 44 is a major arterial
and a 100-foot wide landscaped buffer will separate this property from those areas,
and;
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d. The proposed BP-DA (Business Park with a development agreement) zone is
compatible with the RUT (Residential-Ada County designation) zone and land use to
the south since that area is buffered from the applicant's property by the Boise River,
and;
e. The proposed BP-DA (Business Park with a development agreement) zone is
compatible with the RUT (Residential-Ada County designation) and R-l (Residential
- up to 1 dwelling unit per acre) zones and land uses to the west since those sites have
the same Comprehensive Plan land use designation as proposed for this site, and could
be developed in a similar manner; and
f. The proposed BP-DA (Business Park with a development agreement) zone is
compatible with the PS-DA (Public/Semi-Public with a development agreement) zone
and land use to the east since that site is currently being used by the Eagle Sewer
District and will not be adversely impacted by the proposed use, and;
g. The land proposed for rezone is located within a "Special Area" as described within
the Comprehensive Plan since the property is located along the Boise River corridor,
however the applicant has provided mitigation for development impacts in this area;
and
· 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:
1. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or Eagle City
Code Title 9, as shown within the findings provided within this document and the
proposed residential use is in accordance with the residential land use designation of
this area shown within the Comprehensive Plan;
2. The subdivision will be served adequately by essential public facilities such as streets,
police and fire protection, schools, drainage structures, refuse disposal, water served
by individual wells, and sewer by the utilization of septic systems; 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 United Water Company as conditioned herein,
there is adequate public financial capability to support the proposed development;
5. That any health, safety and environmental problems that were brought to the
Commission and Council's attention have been adequately addressed by the applicant
or will be conditions of approval as set forth within the conditions of approval herein.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Annexation,
Rezone with a development agreement, and Preliminary Plat with conditions as provided within
the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application came before the Eagle Planning and Zoning Commission for their
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consideration on January 5, 2009, at which time public testimony was taken, the public hearing was
closed and 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 (not including the applicant!representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no.
COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 4 to 0 recommend approval of A-07-07 and RZ-09-07 for an annexation
and rezone from RUT (Rural Urban Transition), PS-DA (Public/Semi-public with a development
agreement) and A-R (Agricultural Residential) to BP-DA (Business Park with a development
agreement) with the following staff recommended conditions and underlined text to be added by
the Commission:
3.1 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any conditional
use permits, if applicable, and any other applicable applications as may be required by the Eagle City
Code, which shall comply with the Eagle City Code, as it exists at the time such applications are
made except as otherwise provided within this Agreement.
3.2 The Concept Plan represents the Owner's current concept for completion of the project. As the
Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur.
If the City determines that any such changes require additional public comment due to potential
impacts on surrounding property or the community, a public hearing shall be held on any proposed
changes in the Concept Plan, notice shall be provided as may be required by the City.
3.3 The development shall comply with applicable sections in the Eagle City Code, as it exists in final
form at the time application is made, including compliance with all of the conditions as provided
within this development agreement.
3.4 The following uses will be considered allowed uses within Stillwater Business Park:
a) Government Building Offices
b) Home and Business Services
c) Hotel
d) Industry (custom, limited, research and development)
e) Laboratories
f) Manufacturing (custom, limited)
g) Office, business and professional
h) Office, medical and professional
i) Park and recreation facilities
j) Parking lot, parking garage
k) Parking lot, parking garage commercial
1) Personal wireless facilities (height 35-feet or less)
m) Printing/blueprinting
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n) Professional activities
0) Research and Development
p) Research activities
q) Travel services
3.5 The following are considered ancillary uses and shall encompass no more than ten percent (10%) of the
overall development. Ancillary uses are only permitted provided that at least one of the uses noted in
Article 3.4 is in operation or under construction.
a) Apartment
b) bar
c) Banks, financial institutions (no drive-up service)
d) Boarding or lodging house or dormitory
e) Catering service
t) Childcare, daycare center
g) Commercial entertainment facilities (indoor)
h) Golf course and related services
i) Laundry service (with no drive-up service)
j) Motel
k) Multi-family dwelling
1) Personal improvement
m) Restaurant (with drive-thru)
3.6 The following uses are considered appropriate for a business park but will require further consideration
outside of this application and will require a conditional use permit:
a) Apartment
b) Bar
c) Boarding or lodging house or dormitory
d) Catering service
e) Commercial entertainment facilities (indoor)
t) Communication facilities
g) Convention center
h) Drug store
i) Emergency services
j) Flex space
k) Health clubs, spas, weight reduction salons
1) Heliports
m) Laundry service (with no drive-up service)
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n) Mobile office
0) Personal improvement
p) Personal Wireless Facilities (height over 35-feet)
q) Planned Unit Development
r) Public service facilities
s) Restaurant (with drive-thru)
t) Restaurant (with no drive-thru)
u) Sign shop, including painting
v) Storage (enclosed building)
w) Trade fair
x) Warehousing, wholesaling plant
3.7 Uses that are not listed under Articles 3.4, 3.5 and 3.6 of this document are prohibited.
3.8 Provide a master sign plan (MSP) which includes exhibits and guidelines necessary to achieve a
visually coordinated, balanced and appealing signage environment for this development. The MSP
shall include monument and wall sign styles, themes, and locations. It is the intent for the MSP to
govern all signage within the development in accordance with Eagle City Code 8-2A. The MSP shall
be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate.
3.9 The Applicant shall construct outdoor plaza areas in strategic locations within the development and in
front of the buildings to accommodate and facilitate gathering points for users of the development.
These plaza areas may include seating areas, art work, fountains, landscaping, drinking fountains, bike
racks, or similar features designed and displayed in a manner that lends to establishing a common
theme or identity to the development.
3.10 Any building with a proposed drive-thru shall be designed in such a way as to compliment the
entirety of the development and shall provide a minimum forty-eight inch (48") grade separated berm
and/or screen wall with vegetation adjacent to the drive-thru lanes to reduce the impact of the vehicles
utilizing the drive-thru lanes (Le. vehicle headlights and vehicle cueing). Design styles exceeding the
standard utilitarian look of a building with a drive-thru shall be required.
3.11 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) Establishment of an architectural control board for all buildings prior to building permit.
c) A requirement for all fencing within the development to be open-style such as wrought iron,
extruded aluminum (like wrought iron), or three-rail-type wooded decorative fencing. All other
fencing (Le.: cedar fencing, vinyl, chain link) shall be prohibited.
d) Parking shall only be allowed in the designated parking areas.
e) A maintenance manual for the drive aisles requiring that association(s) shall have the duty to
maintain and operate all of the drive aisles providing access to the individual lots including the
repair and replacement of asphalt and sidewalks.
The conditions, covenants, and restrictions shall be reviewed and approved by the City Attorney for
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both form and content to assure compliance with the conditions required herein, prior to the issuance
of a building permit.
3.12 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.
3.13 All existing wells and septic systems on the property shall be abandoned prior to the City Clerk signing
the final plat. Central District Health Department approval is required for the abandonment of the
existing wells and septic systems.
3.14 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 written 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.
3.15 Provide an approved Land Use Change/Site Development Application from Boise River Flood Control
District No.1 0 prior to submitting a final plat application.
3.16 The development is to incorporate public art, water features, or other features of interest and pedestrian
amenities which encourage pedestrian use (Le.: outdoor drinking fountains, benches, tables, etc.).
3.17 Due to the high visibility of the SH 44 corridor, special attention shall be given to the configuration
and position of the buildings abutting the roadways. Buildings should be designed to be positioned at
varied angles to the abutting roadway, and building footprints are encouraged to be irregular to inspire
greater creative designs. All lots and buildings shall be configured to screen any and all loading areas
and trash enclosures from view as seen from residential uses or public roadways. Building placement
shall be designed such that parking areas are not concentrated between the buildings and the abutting
roadways. The side of any buildings facing the roadways shall be provided with architectural design
elements and architectural relief, as may be approved by the Eagle Design Review Board.
3.18 All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be
integrated into the open space areas (unless approved for removal by the 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.
3.19 Applicant shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-
4-1-6, a minimum ten foot (10') wide asphalt public pathway to be located within a twenty foot (20')
wide easement in alignment with the existing pathway located northeast of Stillwater Business Park
and adjacent to SH 44. The specific location and design of the pathway shall be approved by the City
of Eagle Park and Pathway Development Committee prior to submittal of a design review application.
The asphalt pathway shall be located in a recorded easement or easements dedicated to and accepted
by Eagle as provided in Eagle City Code Section 9-4-1-6(E) (2). The instrument number of the
recorded easement or easements shall be referenced on the face of the plat for Stillwater Business
Park, upon recordation of the final plat wherein the pathway is located.
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3.20 Applicant shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-
4-1-6, a minimum ten foot (10') wide public pathway/greenbelt within the existing twenty five foot
(25') easement located on the southern portion of the property and adjacent to the Boise River. The
specific location and design of the pathway shall be approved by the City of Eagle Park and Pathway
Development Committee prior to submittal of a design review application. The pathway/greenbelt
shall be located in a recorded easement or easements dedicated to and accepted by Eagle as provided
in Eagle City Code Section 9-4-1-6(E) (2). The instrument number of the recorded easement or
easements shall be referenced on the face ofthe plat for Stillwater Business Park, upon recordation of
the final plat wherein the pathway is located.
3.21 In addition to the sidewalks and pathways proposed with the development (see preliminary plat), the
applicant will design the proposed interior parking lot pathways (sidewalks) to provide optimum
pedestrian interconnectivity to all portions of the site which should reduce the need to drive from
business to business and should promote enhanced pedestrian movement within the site. The site is to
be designed with shelters, "kiosks," pergolas, etc, in strategic locations to provide refuge and visual
relief to pedestrians traversing the parking lots. In order to provide pedestrian access to the Boise River
and greenbelt, the applicant shall provide an eight foot (8') wide micro-pathway within a sixteen foot
(16') wide easement, linking the interior sidewalk system of the development to the proposed
greenbelt system adjacent to the Boise River.
3.22 The applicant shall construct the State Highway 44 access as proposed pursuant to current roadway
engineering standards. The access is to be in alignment with the proposed Ballantyne Road
realignment on the north side of State Highway 44.
3.23 The Applicant shall provide for and include a cross access agreement between all lots within the
development to provide and facilitate shared access to the public rights-of-way. The cross agreement
shall be reviewed and approved by the City Attorney for both form and content prior to issuance of a
zoning certificate. The cross access agreement shall be executed and recorded prior to the issuance of
a zoning certificate.
3.24 Applicant will construct improvements and satisfy all conditions required by the Ada County Highway
District and the Idaho Transportation Department prior to the issuance of any Certificate of Occupancy
for any building within the development. These improvements include, but are not limited to,
dedication of right-of-way for future road widening (including the proposed Ballantyne Road
realignment intersection for left and right turn lanes), roadway and intersection improvements
commensurate to development traffic impacts, construction of sidewalks, and construction of
driveways in the locations and configurations as determined by the aforementioned entities or as
otherwise may be required herein. Approval letters from these entities shall be provided to the City
prior to the issuance of a Certificate of Occupancy.
3.25 A note shall be placed on the final plat and language placed in the CC&Rs stating that all structures
are prohibited within the boundaries of the floodway. The CC&Rs shall be reviewed and approved by
the City attorney prior to the approval of the final plat.
3.26 Future development of Lot 6, Block 2, as shown on the preliminary plat date stamped bv the City on
October 26, 2008, shall include an eight foot (8') wide pathway located within a sixteen foot (16')
wide easement that links the internal sidewalk/pathway system of the development to the Boise River
Greenbelt. Location of the pathway shall be determined during the design review process for this lot.
Parking for public access to the greenbelt and the river shall also be provided upon development of
this lot. The number and placement of the parking spaces shall be determined during the design
review process for this lot.
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COMMISSIONS DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 0 to recommend approval of PP-ll-07 for a preliminary plat for
Stillwater Business Park for Tri Cedars Management, LLC, with the following staff recommended
site specific conditions of approval and standard conditions of approval with underline text to be
added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL FOR THE PRELIMINARY PLAT:
1. Comply with all applicable requirements of the City Engineer.
2. The applicant shall submit payment to the City for all outstanding Engineering fees incurred for
reviewing this project, prior to the City Clerk signing the final plat.
3. Comply with all conditions within the development agreement for rezone application RZ-09-07.
4. Provide a Flood Plain Development permit application to the City for the proposed development. The
Flood Plain Development permit application shall be reviewed and approved by City prior to the
submittal of final plat application.
5. The applicant shall provide to the City written documentation from the Boise River Flood Control
District No.1 0 approving the project prior to the submittal of a final plat application.
6. Submit a lot line adjustment application with the intent to remove Lot 7, Block 2, (as shown on the
preliminary plat date stamped by the City on October 28, 2008) from the proposed subdivision, and
also provide a revised preliminary plat showing that Lot 7, Block 2, has been removed. The lot line
adjustment application and revised preliminary plat shall be reviewed and approved by staff prior to
the submittal of a final plat application.
7. Provide a revised preliminary plat showing Lot 7, Block 2, as shown on the preliminary plat date
stamped by the City on October 28, 2008, to be removed. The revised preliminary plat shall be
reviewed and approved by staff prior to the submittal of a final plat application.
8. Provide a revised preliminary plat that shows all sidewalks within the business park to be separated by
an eight foot (8') wide landscape strip, prior to submittal of final plat application.
9. Provide a pathway plan that shows cross sections of proposed pathways, construction materials, and
termination points on the property. The pathway plan shall be reviewed and approved by the Eagle
Parks and Pathway Committee prior to the submittal of a design review application.
10. Provide a revised preliminary plat that shows the proposed ten foot (10') wide pathway adjacent to SH
44 to continue on the eastern side of the entrance to the development from SH 44 and to terminate at
the eastern boundary of the property. The revised preliminary plat shall be reviewed and approved by
staff prior to the submittal of a Design Review application.
11. Provide a revised preliminary plat that shows a separate lot split off from southern portion of Lot 6,
Block 2, which will remain, in perpetuity, as an open space lot. The revised preliminary plat shall be
reviewed and approved by staff prior to the submittal of final plat application.
12. Submit a lot line adjustment application for the property acquired from the Eagle Sewer District. The
lot line adjustment application and revised preliminary plat shall be reviewed and approved by staff
prior to the submittal of a final plat application.
13. The applicant shall provide an Environmental Impact Assessment to the City with an analysis of the
proposed development's impact to the immediate area. The Environmental Impact Assessment shall
be provided for review and approval by the City Engineer, and a mitigation plan shall be provided
addressing any issues discovered in the City Engineer's analysis prior to the submittal of final plat
application.
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14. Provide a revised preliminary preliminary plat that shows the following note changes on the plat:
b. Remove the part of plat note number three (3) that references Lot 6,
Block 2.
c. A plat note shall be added to read that "No lots shall have direct access to
State Street (SH 44).
d. A note shall be placed on the plat that lists all service providers for the
proposed subdivision.
The revised preliminary plat shall be reviewed and approved by staff prior to the submittal of final
plat application.
15. 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 on the side lot lines, or as approved by the Design Review
Board. The trees shall be located in the eight foot (8') 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 within the eight foot (8') wide
landscape strip. Trees shall be installed prior to obtaining any occupancy permits. A temporary
occupancy may be issued if weather does not permit landscaping.
16. The applicant shall submit a design review application including, but not limited to: 1) proposed
subdivision signage, 2) planting details within the proposed and required landscape islands and
knuckles and all common areas throughout the subdivision 3) building elevations for all proposed
common area structures and irrigation pump house, 4) landscape screening details of the irrigation
pump house, 5) useable amenities such as picnic tables, covered shelters, benches, playground
equipment, gazebos, club house, pool and/or similar amenities 6) design and landscaping details for a
roundabout. The design review application shall be reviewed and approved by the Design Review
Board and City Council prior to the submittal of a final development plan/final plat application.
17. The entire Stillwater development shall remain under the control of one Business Owner's
Association.
18. The applicant shall place a note on the final plat that all common areas are to be owned and
maintained by the Stillwater Business Owner'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 for phase one. The CC&Rs for the Stillwater
Business Owner's Association shall provide that the association shall have the duty to maintain and
operate all of the common landscape areas in the subdivision in a competent and attractive manner,
including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle
City Code, in perpetuity.
19. The applicant shall submit cut sheets showing street lighting details for review and approval by the
City with the submittal of a final plat. The plans shall show how the streetlights will facilitate the
"Dark Sky" concept of lighting.
20. The applicant shall provide language within the CC&R's indicating that upon development Stillwater
Subdivision may be utilized as the primary access for future development to the west of the property.
21. A maintenance building shall be provided of such size and in such location as is suitable for the
service needs that are necessary for the repair and maintenance of all common areas. 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. If a
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maintenance building is approved with this application then the building shall be reviewed an
approved by the Design Review Board and constructed prior to the City Clerk signing the final plat.
22. The applicant shall provide a license agreement from ACHD and ITD approving the landscaping
located within the public rights-of-way abutting and within this site, prior to prior to the submittal of a
final plat application.
23. 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.
24. 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.
25. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This street is to be extended in the future".
26. Provide a revised preliminary plat showing landscaped islands to be located throughout the internal
roadwav system of the development. The revised preliminary plat shall be reviewed and approved by
the City prior to the submittal of a final plat application.
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 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.
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Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility 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
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square feet, and 1,500 gallons per minute (Le.; 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
prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City 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.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25. Basements in homes in the flood plain are prohibited.
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26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
27. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
28. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
32. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
34. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at Rembrandts Coffee House 6:00 PM, June 24, 2008, in
compliance with the application submittal requirement of Eagle City Code. The applications for this
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item were received by the City of Eagle on March 15,2007. A revised preliminary plat was received
by the City on June 11, 2008 and a second revised preliminary development plan/preliminary plat was
received on October 28, 2008.
2. Notice of public hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on November 24, 2008. 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 November 21, 2008. The site was posted in
accordance with the Eagle City Code on November 23, 2008. Requests for agencies' reviews were
transmitted on November 6,2008 in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-07-07/RZ-09-07) 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
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of BP-DA (Business Park with a development agreement) is
consistent with the Business Park land use designation as shown on the Comprehensive Plan
Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities are in proximity to this location, and
expected to be provided to serve commercial uses on this property under the proposed zone;
c. The proposed BP-DA (Business Park with a development agreement) zone is compatible with
the A-R (Agricultural Residential) and R-l (Residential- up to 1 dwelling unit per acre) zones
and land use to the north since SH 44 is a major arterial and a 1 OO-foot wide landscaped buffer
will separate this property from those areas, and;
d. The proposed BP-DA (Business Park with a development agreement) zone is compatible with
the RUT (Residential-Ada County designation) zone and land use to the south since that area
is buffered from the applicant's property by the Boise River, and;
e. The proposed BP-DA (Business Park with a development agreement) zone is compatible with
the RUT (Residential-Ada County designation) and R-l (Residential - up to 1 dwelling unit
per acre) zones and land uses to the west since those sites have the same Comprehensive Plan
land use designation as proposed for this site, and could be developed in a similar manner; and
f. The proposed BP-DA (Business Park with a development agreement) zone is compatible with
the PS-DA (Public/Semi-Public with a development agreement) zone and land use to the east
since that site is currently being used by the Eagle Sewer District and will not be adversely
impacted by the proposed use, and;
g. The land proposed for rezone is located within a "Special Area" as described within the
Comprehensive Plan since the property is located along the Boise River corridor, however the
applicant has provided mitigation for development impacts in this area; and
4. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-1I-07) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document and the proposed residential use is in
accordance with the 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
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and fire protection, schools, drainage structures, refuse disposal, water served by individual
wells, and sewer by the utilization of septic systems; 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;
d. That based upon agency verification and additional written comments of the Eagle Fire
District, Eagle Sewer District, and United Water Company as conditioned herein, there is
adequate public financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Commission and
Council's attention have been adequately addressed by the applicant or will be conditions of
approval as set forth within the conditions of approval herein.
DA TED this 29th day of January, 2009.
PLANNING AND ZONING COMMISSION
OF THE ITY OF EAGLE
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A~7' Idaho .
4~:l
Dave Aizpitarte, Chai
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