Findings - CC - 2008 - PP-03-08 - Lonesome Dove Ii/74 Lot/4.35 Acre/1505 Riverside Dr.
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A PRELIMINARY PLAT FOR )
LONESOME DOVE II SUBDIVISION )
FOR LONESOME DOVE, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-03-08
The above-entitled Preliminary Plat application came before the Eagle City Council for their action on
November 18, 2008 at which time public testimony was taken, the public hearing was closed and the
Council made their decision. The Eagle City Council, having heard and taken oral and written testimony,
and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Lonesome Dove, LLC, represented by Kevin McCarthy, P.E., with Rennison Fodrea, Inc.,
is requesting preliminary plat approval for Lonesome Dove II Subdivision (a re-
subdivision of Lot 1, Block 1, Lot 1, Block 2, and Lot 5, Block 4 ofthe approved final
plat for Lonesome Dove Subdivision), a 74-10t residential subdivision (70-residential, 4-
common). The 4.35-acre site is generally located on the southwest corner of Riverside
Drive and State Street at 1505 Riverside Drive.
B. APPLICA TION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, May 29, 2008, in compliance with
the application submittal requirement of Eagle City Code. The application for this item
was received by the City of Eagle on June 16,2008.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City ordinances on September 29, 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 September 26, 2008. The site was posted in accordance with the
Eagle City Code on October 10, 2008. Requests for agencies' reviews were transmitted
on June 30, 2008, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on November 3, 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 October 21,
2008. The site was posted in accordance with the Eagle City Code November 7,2008.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 11, 2006, the City Council approved an annexation and rezone with development
agreement for this site.
On September 26, 2006, the City Council approved the final conditions to be placed
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within a development agreement.
On January 23,2007, the City Council approved the preliminary plat for Lonesome Dove
Subdivision (PP-18-06).
On March 27, 2007, the City Council approved the common area landscaping for
Lonesome Dove Subdivision (DR-OI-07).
On August 14,2007, the City Council approved two multi-tenant retail/restaurant/office
buildings within Lonesome Dove Subdivision (DR-30-07).
On December 18,2007, the City Council approved the final plat for Lonesome Dove
Subdivision (FP-l 0-07).
On June 24, 2008, the City Council approved a design review application for a
modification to two multi-tenant retail/restaurant/office buildings within Lonesome Dove
Subdivision (DR-30-07 MOD).
On August 7, 2008, City staff approved a design review for modification to the
architectural design of the clubhouse within Lonesome Dove Subdivision (DR-OI-07
MOD).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use, Floodway MU-DA (Mixed Use with Pasture/vacant property
and Scenic Corridor Development Agreement) (pending
overlay adoption of Rezone Ordinance)
Proposed No Change MU-DA (Mixed Use with Mixed use development
Development Agreement) (pending including commercial,
adoption of Rezone Ordinance) retail, single-family,
and multi-family
residential.
North of site Public/Semi-Public PS (Public/Semipublic) and A ACHD Park and Ride,
and Mixed Use (Agricultural), MU-DA (Mixed Use State Highway 44,
with development agreement) Eagle River
Development
South of site Residential Two and R-2-P (Residential- two units per Boise River
Floodway acre Planned Unit Development) Rivers End Planned
and RP (Rural Preservation- Ada Unit Development
County Designation)
East of site Mixed Use RUT (Residential - Ada County Proposed Eagle
designation) and MU (Mixed Use) Gateway South
development
West of site Mixed Use RUT (Residential- Ada County Proposed Lofts at Eagle
designation) River development
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site - 4.35-acres
Total Number of Lots - 74
Single - Family Residential- 70
Common - 4
Total Number of Units - 70
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 16 dwelling units per acre* 10 dwelling units per acre
(maximum)
Minimum Lot Size 0.02 - acres (1,038-sq. ft.)* 0.11-acres (5,000 sq. ft.)*
Except that a decrease of minimum
lot size in a subdivision may be
allowed if there is an offsetting
increase of the same square-footage
in open space and a planned unit
development is applied for and
approved) - per ECC Section 8-2-4
(G).
Minimum Lot Width 20-feet (approx.) 50-feet (minimum)
Minimum Street Frontage 21-feet N/A
Total Acreage of Common Area .55-acres (23,958 sq. ft.)* .7-acres (30,492 sq. ft.)
(measured as total landscaping of
the entire site)
Percent of Site as Common Area 12.6% (approximately)* 18% (minimum)
(measured as total landscaping of
the entire site)
* The above numbers are calculated for the Lonesome Dove II plat only. However, staff is factoring in the entire
Lonesome Dove development when considering density and open space for the application. The entire 41.2-acre
Lonesome Dove development (including Lonesome Dove II) has eight (8) dwelling units per acre and 48.5% open
space.
I. GENERAL SITE DESIGN FEATURES:
Greenbelt /Pathway Areas and Landscape Screening:
According to the preliminary plat date stamped by the City on September 16, 2008,
pedestrian pathways will be provided within the Lot 1, Block 18, common areas,
connecting E. Lone River Drive to E. Riverside Drive. The preliminary plat also shows
that a 6'-wide pathway will be provided on Lot 6, Block 17 and Lot 8, Block 19, linking
E. Lone Creek Drive to E. Lone River Drive.
The preliminary plat for Lonesome Dove II does not indicate that screening or landscaping
will be provided along E. Riverside Drive adjacent to the residential dwellings. Eagle City
Code requires a 35' wide landscaped buffer when residential dwellings are adjacent to a
collector (see Discussion section on page 24 of this report for more detail).
Open Space:
According to the preliminary plat date stamped by the City on September 16, 2008, Lot 6,
Block 17, Lot 1, Block 18, and Lot 9, Block 19, will provide open space for the Lonesome
Dove II phase of the overall development. The open space areas of Lot 1, Block 18, are
shown on the preliminary plat to be fronting the residential lots located between E.
Riverside Drive and the E. Lone River Drive and are proposed to contain pathways. The
remaining open space lots for the Lonesome Dove II development are part of the proposed
pathway system and provide connectivity to the rest of the development.
Open space areas for the entire Lonesome Dove development will provide for landscaping
and pathways throughout. The floodway area is proposed to have ponds and pathways to
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provide an amenity to the residents within the development. A swimming pool and pool
house are proposed on Lot 5, Block 4, for use by the residents of the subdivision. The
applicant is also proposing landscaped open areas as needed to capture, treat, and retain
storm water. The proposed development will provide a total of approximately 19.50 acres
(48.5%) of usable common area. The proposed common area is a combination of linear
pathways and gathering places (swimming pool, pool house, tot lots, and multi-use trails).
A minimum of 10% open space is required except that, according to ECC Section 9-3-8
(C) the City may require additional public and/or private park or open space facilities in
PUDs or in subdivisions with 50 or more lots.
Storm Drainage and Flood Control:
Specific drainage system plans for the entire development are to be submitted to the City
Engineer for review and approval prior to the City Engineer signing the final plat. The
plans are to show how swales, or drain piping, will be developed in the drainage
easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the
City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either
over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
The applicant submitted a Floodplain Development Permit application to be reviewed and
approved by the City prior to approval of a final plat.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code Section 9-3-6 requires utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
The preliminary plat shows three (3) fire hydrants located within the subdivision. The
hydrants should be installed and approved as required by the Eagle Fire District.
On-site Septic System (yes):
There is an existing septic system located on the property which will need to be
abandoned. The Eagle Sewer District owns and maintains an existing 18" sewer main
located in Riverside Drive. The property is located within the Eagle Sewer District's
service boundaries.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision. The Boise River and the Ballantyne Ditch are located within the
southern portion of this site and mature trees are located adjacent to the river and ditch.
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.
J. STREET DESIGN:
Private or Public Streets: Public
According to the revised preliminary plat date stamped by the City on September 16,
2008, the applicant is proposing private drive aisles that will provide rear access to the
proposed residential town homes located on each side of E. Lone River Drive (see
the Discussion section of the staff report for more on the drive aisles).
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Two public streets are shown on the preliminary plat for Lonesome Dove II. S. Lone
Brook Avenue, located on west side of the plat, connects to the development from the
south. E. Lone River Drive is a public road that bisects the second phase of the
development east to west.
Applicant's Justification for Private Streets (if proposed): None
Blocks Less Than 500': None
Cul-de-sac Design: None
Sidewalks:
The project is proposed with (5') wide detached sidewalks located within six foot (6') to
twenty foot (20') wide planter strips along E. Riverside Drive. The applicant is proposing
a five foot (5') attached sidewalk along the north side of E. Lone River Drive (see
Discussion section of the staff report for more information on the attached sidewalk).
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed
abutting all roadways with the exception of the alleys.
Lighting:
Lighting for the proposed public streets and commercial parking areas 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 lights shall be completed before the final plat approval.
Street Names:
The Ada County Street Name Committee has reviewed and approved the subdivision
existing street names.
K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian walkways are provided through the detached sidewalk system and through a
proposed multi-purpose pathway system as a portion of the open space design. The
pathway system will also provide connection to adjacent developments and access to the
greenbelt pathway system.
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.
Bike lanes are not proposed along the public roadways associate with this phase of the
development. However bike lanes have been approved on collectors and along the one-
way access road (Riverside Way). Pathways around the pond area would be wide enough
to facilitate bicycle traffic.
1. PUBLIC USES PROPOSED: None
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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N. SPECIAL ON-SITE FEATURES (for the entire Lonesome Dove development):
Areas of Critical Environmental Concern - yes, flood area adjacent to Boise River
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes, 100 yr. floodplain/Zone AE, Floodway/Zone FW adjacent to the Boise
River
Mature Trees - yes, adjacent to river, western boundary and proximity to Riverside Drive
Riparian Vegetation - yes, in proximity to the Boise River
Steep Slopes - yes, existing levee
Stream/Creek - yes, Ballantyne Ditch (is now tiled)
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - yes, riparian areas adjacent to Boise River
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
STRATA, Geotechnical Engineering and Materials Testing, provided a Phase I,
Environmental Site Assessment for the entire Lonesome Dove development, dated
September 27,2006, indicating there were no previously documented cases of recognized
environmental conditions on the subject property. The report fails to identify if the
development will have any adverse impacts on the environment as required per Eagle City
Code. Staff has added to the development agreement language requiring an environmental
assessment that addresses the proposed development's impact on the existing natural
environment.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters are of special concern (attached
to the staff report and referenced herein).
ACHD - Comments mainly concerning the public road E. Lone River Drive.
Central District Health - Letter requests sewage and water plans for the development.
Department of Environmental Quality - General concerns about toxins and pollutants
caused by the development.
Eagle Fire Department - Letter addresses concerns about turning radii, hydrants and
proper turnaround areas.
Idaho Department of Lands - No comment
Idaho Transportation Department - No comment
Q. LETTERS FROM THE PUBLIC: None 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:
Mixed Use
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Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within the Central Business District
(CBD). Development within this land use designation should be required to proceed through
the PUD and/or Development Agreement process, see specific planning area text for a
complete description.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors
and natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
Chapter 1
1.1
Overview
The purpose of the Eagle Comprehensive Plan is to promote the health, safety,
and general welfare of the people of the City of Eagle and its Impact Area as
follows:
b. To ensure that adequate public facilities and services are provided to the
people at reasonable cost.
d. To ensure that the important environmental features of the City and its Impact
Area are protected and enhanced.
g. To ensure that the development ofland is commensurate with the physical
characteristics of the land.
h. To protect life and property in areas subject to natural hazards and disasters.
1. To protect fish, wildlife, and recreation resources.
Chapter 8 Transportation
8.3.0 City of Eagle Functional Pathway Classifications
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.
8.3.2 Paths
Function:
To provide for recreation and alternative transportation; important to provide safe
continuous thoroughfares with minimal cross flow of vehicular traffic.
Location:
Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be
located along roadway right-of-ways and would usually be separated from vehicle
travel lanes and the paved section of the roadway by a median or sidewalk.
8.4 Goal
Plan a transportation system to serve the planned land use of the City of Eagle and
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its Area of Impact.
8.5.2 Encourage alternative transportation forms such as walking and biking.
9.5 Pathways And Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (Le.
the Boise River and Dry Creek) and are designed to prevent undesirable
encroachment. Greenbelts may include pathways and/or bike lanes.
9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
h. Acquire pathway easements on the north side of the North Channel.
Chapter 11
11.1
Special Areas and Sites
Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or
sites should be analyzed according to their defined function. Whenever possible,
these sites should be preserved and conserved as open spaces or for educational
and cultural centers. Development of Special Areas or Sites should take place in
manner that reflects harmony with their natural environment and recognized
qualities which render them distinctly unique.
The Boise River Floodplain, the Head of Eagle Island, the Dry Creek Floodplain,
and the North Foothills possess a recognized function as a wildlife habitat,
floodway and scenic natural resource reflective of Eagle's rural character.
These special areas will require comprehensive and specific planning to ensure
that such topographical, hydrological, ecological, architectural and scenic
concerns have been thoroughly addressed and incorporated into any engineering
and development plans. The special review process should include, but not be
limited to the following:
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.
Area wide drainage including hillsides, foothills and gulches
Water quality
Sanitation
Area-wide traffic plans
Pathways, trail access
Wetlands issues
Fish and wildlife habitat
Existing trees and natural features
River and creek greenbelt areas
Potential for permanent open space and natural preserves including steep
hillside terrain, rock outcroppings and foothill gulches.
.
.
.
.
.
.
.
.
.
11.2 Recognized Special Areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological
and scenic significance. The area comprises the two channels of the Boise River
and intervening and immediately adjacent areas as generally depicted on the
Comprehensive Plan Land Use Map.
11.3 Goal
To promote the conservation and efficient management of all Special Area and
Sites.
11.4 Implementation and Strategies
a. Protect and improve natural and man-made waterways.
g. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
h. Encourage the preservation of habitat areas which provide for fish and
wildlife.
L The City may require developers to prepare and submit an environmental
assessment and any such additional reports as the City may from time to time
require, for any development on land within an area designated as a Special
Area or Site or for any development impacting a designated Special Area or
Site.
Chapter 12 Community Design
12.1 Background and Vision
Community design is the organized fashion in which a community is developed in
order that a general mood or theme is established and maintained.
Elements of the Eagle community design include: (a) a rural transitional
community with a shopping district functioning as the hub of the community; (b)
the Boise River and its floodplain with wildlife, trees, and recreation
opportunities; (c) the rolling hills north of the river; and, (d) a network of canals
which crisscross the community.
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Development will occur in the downtown as well as along arterials. City growth
and increased traffic levels on Highway 44 and Highway 55 will stimulate
demand for new development along these entrances. These same corridors have
great potential for more intensive mixed-use development.
12.4 Implementation Strategies
a. Establish and maintain a development pattern and design criteria in keeping
with the rural transitional identity of Eagle. This includes growth within the
Impact Area that discourages or precludes the establishment of other City
centers.
c. The flood way shall be reserved as a natural state such as a greenbelt, wildlife
habitat, and open space recreational area and for agricultural uses.
d. The City Design Review Ordinance shall set forth criteria for building design,
landscaping, signage and other aesthetic standards. Development along State
Street within the Impact Area and outside the City limits shall be encouraged
to comply with the Design Review Ordinance.
e. Developments that would establish or tend to establish another City center
outside of the Central Business District should not be approved.
g. New residential, commercial, and industrial development shall be required to
meet minimum design standards as specified by City Ordinances.
k. Encourage the preservation of natural resources such as creeks, drainages,
steep slopes, and ridge lines as visual amenities.
I. Encourage the development of pathways and open-space corridors throughout
the City.
m. Encourage the development of a strong community identity through urban
design standards, downtown revitalization, cultural activities, and visual
gateways to the City.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code, Section 8-1-2 defines "Through Lot" as:
Lot Types: Terminology used in this title with reference to corner lots, interior lots and
through lots is as follows:
Through Lot: A lot other than a corner lot with frontage on more than one street. Through
lots abutting two (2) streets may be referred to as double frontage lots.
. Eagle City Code, Section 8-1-2 defines Open Space as:
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
. Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
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The following zoning districts are hereby established. For the interpretation of this title the
zoning districts have been formulated to realize the general purposes as set forth in this
title. In addition, the specific purpose of each zoning district shall be as follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as
limited office, limited commercial, and residential. This district is intended to ensure
compatibility of new development with existing and future development. It is also
intended to ensure assemblage of properties in a unified plan with coordinated and
harmonious development which shall promote outstanding design without unsightly and
unsafe strip commercial development. Uses should complement the uses allowed within
the CBD zoning district. All development requiring a conditional use permit in the MU
zoning district, as shown in section 8-2-3 of this chapter, shall occur under the PUD
and/or development agreement process in accordance with chapter 6 or 10 of this title
unless the proposed development does not meet the area requirements as set forth in
section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with
adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise
a conditional use permit shall be required unless the proposed use is shown as a permitted
use in the MU zoning district within section 8-2-3 of this chapter. Residential densities
shall not exceed ten (10) dwelling units per gross acre. When a property is being proposed
for rezone to the MU zoning district a development agreement may be utilized in lieu of
the PUD and/or conditional use process if approved by the city council provided the
development agreement includes conditions of development that are required during the
PUD and conditional use process.
. Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for the
MU (Mixed Use) zone:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Width 1*
Sq. Ft.) G
And H*
IMU 113s' 1~~17.S' 1120' IISO% 117,000 I Iso'
. Eagle City Code, Section 8-2A Design Review Overlay District:
8-2A-l: General Applicability:
This article applies to all proposed development located within the design review
overlay district which shall include the entire city limits, and any land annexed
into the city after the date of adoption hereof. Such development includes, but is
not limited to, new commercial, industrial, institutional, office, multi-family
residential projects, signs, common areas, subdivision signage, proposed
conversions, proposed changes in land use and/or building use, exterior
remodeling or repainting with a color different than what is existing, exterior
restoration, and enlargement or expansion of existing buildings, signs or sites, and
requires the submittal of a design review application pursuant to this article and
fee as prescribed from time to time by the city council.
The following are specifically excluded from the requirements of the design
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review overlay district: development of an individual single-family detached
dwelling on a single parcel, an individual duplex (2 dwelling units), and an
individual town home consisting ofa maximum of two (2) dwelling units.
8-2A-2: Purpose And Goals:
A. Purpose: The purpose of this article is to:
1. Recognize the interdependence of land values and aesthetics and to
provide a method by which the city may implement this interdependence
to the benefit of the community.
2. Encourage the development of private property in harmony with the
desired character of the city and in conformance with the guidelines
herein provided with due regard to the public and private interests
involved.
3. Provide planning and design guidelines to give specific direction for
downtown development, while allowing for flexibility that promotes
creative, market driven development proposals.
B. Goals: The general theme of the design review overlay district is to specify
desirable building and landscape architectural styles and materials to create a
sustainable and pleasing environment for residents and visitors alike. The
architectural designs, materials, and graphics set forth in this article are
compiled to create a theme unique to the area called "Eagle architecture".
8-2A-7 (C): Landscaped and Buffer Area Requirements:
Existing Vegetation:
1. Retention Of Existing Trees: Existing trees shall be retained unless
removal is approved in writing by the city. Where trees are approved
by the city to be removed from the project site (or from abutting right
of way) replacement with an acceptable species is required as follows:
Existing Tree
1 inch to 6 inches caliper
6 1/4 inches to 12 inches
12 1/4 inches or more
Replacement
2x caliper of tree removed
1.5x caliper of tree removed
1 x caliper of tree removed
In all cases, planting within public rights of way shall be with approval from
the public and/or private entities owning the property.
Example: An eight inch (8") caliper tree is removed, an acceptable
replacement would be three (3) 4-inch caliper trees or four (4) 3-inch caliper
trees.
2. Damage During Construction: Existing trees or shrubs that are retained shall
be protected from damage to bark, branches, or roots during construction.
Construction or excavation occurring within the drip line of any public or
private retained tree or shrub may severely damage the tree or shrub. Any
severely damaged tree or shrub shall be replaced in accordance with
subsection C 1 of this section.
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3. Grade Changes And Impervious Surfaces: Grade changes and impervious
surfaces shall be allowed at a distance from the trunk of a retained tree equal
to the diameter of the tree trunk plus six feet (6'), or to the drip line,
whichever is furthest from the trunk.
4. Minimum Landscaping: Existing vegetation which is to be retained may be
used to satisfy the minimum required landscaping.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· Eagle City Code, Section 9-1-6 defines Floodplain as:
The relatively flat area or low land adjoining the channel of a river, stream, lake or other
body of water which has been or may be covered by water of a flood of 100-year
frequency. The floodplain includes the channel, floodway or floodway fringe, as
established pursuant to engineering practices of the U.S. army corps of engineers, as
follows:
Floodway: The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot (1 ').
· Eagle City Code, Chapter 3, Design Standards
9-3-1 Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions,
improvements and facilities done, constructed or made in accordance with said
provisions shall comply with the minimum design standards set forth in this
chapter; provided, however, that any higher standards adopted by any highway
district, the Idaho transportation department or health agency shall prevail over
those set forth herein.
9-3-2 Streets and Alleys:
9-3-2-1: Location:
Street and road location shall conform to the following standards:
C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of
streets in new subdivisions shall be such that said streets extend to the
boundary line of the tract to make provisions for the future extension of said
streets into adjacent areas, and shall have a cul-de-sac or temporary cul-de-
sac. A reserve street may be required and held in public ownership.
E. Public Alleys: Public alleys shall be provided in multiple dwelling or
commercial subdivisions unless other provisions are made for service access
and off street loading and parking. Dead end public alleys shall be prohibited
in all cases.
H. Half Streets: Half streets shall be prohibited except where unusual
circumstances make such necessary to the reasonable development of a tract
in conformance with this title and where satisfactory assurance for dedication
of the remaining part of the street is provided. Whenever a tract to be
subdivided borders on an existing half or partial street, the other part of the
street shall be dedicated within such tract.
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J. Driveways: Driveways providing access to no more than two (2) dwelling
units shall be allowed within any subdivision.
9-3-2-2: Street Widths:
A. Street and road right of way widths, grade, alignment, and so forth, shall
conform to the adopted major street plan or comprehensive plan and shall be
approved by the highway district and/or other agency having jurisdiction.
9-3-2-3: Intersections:
Intersections shall conform to the following standards:
A. Angle Of Intersection: Angles of street and driveway intersections shall be
approved by the highway district having jurisdiction.
B. Sight Triangles: Minimum clear sight distance at all street and driveway
intersections shall be approved by the highway district having jurisdiction.
9-3-5: Lots:
Lots shall conform to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the
official height and area regulations as set forth in section 8-2-4 of this code.
9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot
lines and side lot lines when deemed necessary. Total easement width shall
not be less than twelve feet (12').
B. Unobstructed drainageway easements shall be provided as required by the city
council.
C. All natural drainage courses shall be left undisturbed or be improved in a
manner which will improve the hydraulics and ease of maintenance ofthe
channel.
· Eagle City Code, Chapter 4, Required Improvements
9-4-1: Improvements Required:
Every subdivider shall be required to install the following public and other
improvements in accordance with the following conditions and specifications.
9-4-1-2: Streets and Alleys:
All streets and alleys shall be constructed in accordance with the standards and
specifications adopted by the Ada County highway district.
9-4-1-3: Curbs and Gutters:
A. Generally:
3. All construction shall be in accordance with the standards and
specifications adopted by the Ada County highway district.
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9-4-1-5: Streetlights:
All subdividers within the city limits and within the area of city impact shall be
required to install, at the subdividers' expense, streetlights in accordance with city
specifications and standards at locations designated by the "administrator" (as
defined by section 9-1-6 of this title, or hislher representative, hereinafter referred
to as "administrator"). After installation and acceptance by the administrator, the
city shall have the right to pay the cost of maintenance and power and assume
ownership of the streetlights.
9-4-1-6: PedestrianIBicycle 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:
c. Adopted pathway elements within the comprehensive plan and the ridge
to rivers pathway plan;
d. Neighborhoods;
g. Transportation or other community facilities, and vacant parcels, held
either publicly or privately which could provide future neighborhood
connection(s) to the above noted sites; and
h. In similar cases where deemed appropriate.
D. Pathway Design: While the city may exercise considerable discretion in
determining the design of pathways, the following minimum standards should
be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet
(10') in width. Micropathways within subdivisions which are designed for
primary use by the residences of the subdivision shall be a minimum six feet
(6') wide and shall be located within a sixteen foot (16') wide pedestrian
access easement. Regional pathways such as the Boise River greenbelt and
pathways located adjacent to major roadways shall be a minimum ten feet
(10') wide and shall be located within a twenty foot (20') wide pedestrian
access easement.
E. Responsibility: The following provisions are intended to provide guidance to
those entities that are responsible for construction, maintenance and/or
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liability for a pathway. Installation costs, which may include construction of
the paved path, are the responsibility of the developer.
1. Homeowners' Association:
a. Pathway systems within a proposed subdivision providing access to
private common space and/or other amenities that are used solely by the
residents of a subdivision shall be the responsibility of the homeowners'
association.
b. Where the residents of a subdivision will be the primary beneficiaries of
a pathway, and, travel from adjoining neighborhoods will be minimal, a
homeowners' association may be required to take responsibility for that
path.
2. City Of Eagle: When location, length and design of a path have been
agreed upon by the city of Eagle and the developer, the city may accept
maintenance and liability for the pathways as designated in the comprehensive
plan, so long as the pathway is in good condition and repair.
F. Sidewalk Design:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of
the street; except, that where the average width of lots, as measured at the
street frontage line or at the building setback line, is over one hundred feet
(100'), sidewalks on only one side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in
accordance with the standards and specifications of the Ada County highway
district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or
back of curb by a minimum five foot (5') wide landscape strip. The landscape
strip shall be completed with sod, automatic irrigation, and planted with three
inch (3 ") minimum caliper shade class trees along all streets within the
subdivision. Installation of landscaping shall be in accordance with section 8-
2A-7 of this code.
9-4-1-8: Underground Utilities:
Underground utilities are required.
9-4-1-9: Water Supply and Sewer Systems:
A. Construction; Extension: All public water supply or sewer systems (serving 2
or more separate premises or households) shall be constructed in accordance
with any adopted local plans and specifications. All new public water supply
or sewer systems shall be an extension of an existing public system whenever
possible. In the event that the proposed public water supply or sewer system is
not an extension of an existing public system, there shall be a showing by the
subdivider that the extension is not feasible and not in the best interest of the
public.
9-4-1-10: Storm Drainage, Flood Controls:
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A. Adequate Storm Drainage System: An adequate storm drainage system to
accommodate storm water runoff from the public rights of way shall be
required in all subdivisions. The requirements for each particular subdivision
shall be established by the Ada County highway district and/or the Idaho
transportation department, and construction shall follow the specifications and
procedures established by said Ada County highway district or Idaho
transportation department.
C. Curb, Gutter And Pavement Design: Curb, gutter and pavement design shall
be such that water on roadways is prevented from flowing off the roadway.
F. Deposit Of Waste Material Prohibited: Waste material from construction,
including soil and other solid materials, shall not be deposited within the 100-
year floodplain.
N. Drainage System Plans: Drainage system plans shall show how lots will be
graded so that all runoff runs either over the curb, or to a drainage easement,
and that no runoff shall cross any lot line onto another lot except within a
drainage easement.
9-4-1-11: Fire Hydrants and Water Mains:
Adequate fire protection shall be required in accordance with the appropriate fire
district standards.
. Eagle City Code, Chapter 5, Special Development Subdivisions:
9-5-1: Purpose and Summary of Provisions:
The purpose of this chapter is to identify various types of developments that normally
pose special concerns to the elected officials when reviewing and acting upon
subdivision requests. This chapter outlines the plan submittal requirements and design
standards that shall be taken into consideration when acting on special developments.
9-5-2: Supplementary Provisions:
The provisions of this chapter are in addition to the plan requirements, design
standards and improvement standards that are required by chapters 2, 3, and 4 of this
title.
9-5-4-1 Application of Provisions:
In addition to the requirements of this chapter, planned unit and condominium
developments shall also be subject to requirements set forth in title 8 (zoning), title 10
(flood control), and title 8, chapter 2, article A (DR design review overlay district) of
this code.
9-5-4-4: Control During Development, Time Limit:
Single ownership or control during development shall be required and a time limit
may be imposed to guarantee the development is built and constructed as planned.
9-5-7: Subdivision Within A Floodplain:
In addition to the provisions of this title, any subdivision within the designated flood
plain of the city shall comply with all applicable provisions of the flood plain
regulations of the city as now in effect or as may hereafter be amended.
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9-5-8: Subdivision Within an Area of Critical Concern:
A. Designation Of Areas Of Critical Concern: Hazardous or unique areas may be
designated as an area of critical concern by the city council or by the state of
Idaho. Special consideration shall be given to any proposed development within
an area of critical concern to assure that the development is necessary and
desirable and in the public interest in view ofthe existing unique conditions.
Hazardous or unique areas that may be designated as areas of critical concern are
as follows:
2. Unstable soils;
3. Unique animal life;
4. Unique plant life;
5. Scenic areas;
7. Flood plain;
9. Areas within the area of city impact but outside city boundaries; and
10. Other areas of critical concern.
C. Areas Of Critical Concern: The following areas are specifically identified as areas
of critical concern:
1. Boise River Flood Plain: The Boise River flood plain and certain intervening
and immediately adjacent areas are designated as areas of critical concern due
to their ecological and scenic significance. This area comprises the two (2)
channels of the Boise River and intervening and immediately adjacent areas,
as depicted on the land use designation map of the comprehensive plan
adopted by the city of Eagle on May 11, 1993, as a "Special Area", including
that portion in the Eagle impact area.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERNING
REGARDING THIS PROPOSAL:
3.1 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding
floodplain development permit review, design review, preliminary and final plat reviews,
and/or any conditional use permits, if applicable, and any other applicable applications as may
be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists
at the time such applications are made except as otherwise provided within this Agreement.
3.2 The Concept Plan represents the Owner's current concept for completion of the project. As
the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment
due to potential impacts on surrounding property or the community, a public hearing shall be
held on any proposed changes in the Concept Plan, notice shall be provided as may be
required by the City.
However, the residential portion of this development proposal is recognized by Eagle and
Applicant as a desired component to a mixed use development. A residential component of
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similar size and area to that depicted in the Concept Plan with the provisions and allowances
contained herein, shall be maintained.
3.3 The total number of residential units on the Property shall not exceed 226-units in the
aggregate. Development of the residential portion of the Property will be permitted through
the Design Review process and future conditional use permits for the residential development
will not be required with the exception of height exceptions.
3.4 The Setbacks shall be as follows:
The lot numbers enumerated below are provided in reference to the lots identified on
the overall site plan.
· Detached "PatiolRiver Lot" product Lots 2-27, Block 9
Front
Rear
5 feet
15 feet (to garage) (measured from the back
of sidewalk)
5 feet with no more than 60% of the main
floor massing on the 2nd floor,
60%
Interior Side
Maximum Coverage:
· Detached "Carriage" product Lots 1-10, Block 5, Lots 1-7, 15-18, Block 6, Lots 2-
8, Block 7, and Lots 8-18, Block 8
Front/street side
20 feet measured from back of curb
Rear 10 feet (to garage) (measured from back of
sidewalk or edge of alley)
Interior Side (up to two-story) 5 feet
MAXIMUM COVERAGE:
60%
. Attached T ownhome product:
Front and Street Side 18 feet (measured from back of curb)
Street Side 35 feet (measured from back
(adjacent to Riverside Drive) of curb)
Street Side 5 feet (measured from back of curb)
(north side ofE. Lone River Drive)
Sidewalk shall be located on the south side of E. Lone River Drive
Alley side (no garage)
Rear
Side adjacent to common area
5 feet (measured from edge of alley)
10 feet (measured from edge of
alley)
5 feet
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· Multi-family Condominiums:
Front
Rear
Interior Side
Street Side
15 feet
1 0 feet
7.5 feet (2-story) /12.5 feet (3-story)
15 feet
. Mixed Use /Office/ Retail Commercial Buildings
Front
7.5 feet (allows canopies, awnings, etc. to
encroach)
1 0 feet
7.5 feet (2-story) /12.5 feet (3-story)
7.5 feet (allows canopies, awnings, etc. to
encroach)
Rear
Interior Side
Street Side
Maximum Coverage:
60%
All single family residential structures shall require Architectural Control Committee (ACC)
approval prior to the issuance of any building permits to assure that the homes are designed to
be compatible and consistent with the "Craftsman" theme of the development.
3.7 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for maintenance of all community and privately owned
landscaping, pressurized irrigation facilities, parking lots, and amenities.
(b) A requirement insuring compliance with the Design Guidelines approved with this
Agreement.
(c) A requirement for all fencing within the development to be open-style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or three-rail-type wooden
decorative fencing. All other fencing (ie. cedar fencing, vinyl, chain link) shall be prohibited.
(d) A requirement for the placement of street trees adjacent to the street by the owner on Lots
1-24 as shown on Exhibits D & C prior to the issuance of a Certificate of Occupancy for the
dwelling.
3.7.1 The applicant shall place a note on the final plat that all common areas are to be owned and
maintained by the Owners Association(s) for the development. The applicant shall provide a
copy of the CC&Rs (which include a similar statement regarding the common areas) for
review and approval by the City attorney prior to the approval of the first final plat. The
CC&Rs shall provide that the association(s) shall have the duty to maintain and operate all
of the common landscape areas in the subdivision in a competent and attractive manner,
including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance
with Eagle City Code, in perpetuity.
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3.8 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning
and platting while still maintaining the general intent of the Conceptual Plan with the
requirements set forth in this Development Agreement. Specific design elements shall be
clarified during the platting and design review application processes. However, the
streetscape as shown on the concept plan (the central design theme (Exhibit H), center
landscape islands, street trees, pool, poolhouse, and, children's play areas (3)) (Exhibit F)
shall be required design elements as part of the final design for the site. The overall open
space for the site shall remain a minimum of 50%. For the purpose of this Agreement, open
space shall be defined as all areas other than buildings, parking lots, roadways, and
individual, fee-simple residential building envelopes.
3.9 The applicant's property shall comply with all applicable Eagle Sewer District's regulations
and conditions prior to the submittal of a final plat application. Prior to issuance of any
building permits, Applicant shall provide proof of central sewer service to the proposed
residential and commercial uses. A letter of approval shall be provided to the City from the
Idaho Department of Health and Welfare, Department of Environmental Quality, and/or
Central District Health, prior to issuance of any building permits.
3.10 Applicant shall provide a report or analysis of any proposed changes to wetlands located on
the Property and any such change shall be contingent upon approval by the Idaho Fish &
Game Department (if applicable), the Idaho Department of Water Resources (if app 1 icable),
the Army Corps of Engineers, the City of Eagle, and any other appropriate governmental
agencies, and shall be in accordance with the Eagle Comprehensive Plan and City Code.
Applicant agrees all development and improvement of the Property shall comply with rule
and regulations pertaining to regulated wetlands.
3.11 Applicant will comply with all applicable provisions of Title 10, Flood Control, of the Eagle
City Code.
3.12 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 along the portion of
the Property on the levee 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,
the Eagle Design Review Board, and the Eagle City Council prior to the submittal of the
first final plat for the Property. The asphalt pathway shall be located in an easement or
easements which shall be dedicated to and accepted by Eagle as provided in Eagle City
Code Section 9-4-1-6(E)(2), upon recordation of the final plates) wherein the pathway is
located.
3.13 A minimum of one emergency and/or service access point to the Boise River for the use of
repair and rescue equipment and personnel shall be provided. Location and width of
emergency and/or service access shall be as determined in coordination with the City of
Eagle Park and Pathway Development Committee, Eagle Fire Department, Flood Control
District #10 and Ballantyne Irrigation Ditch Company and approved by the Eagle City
Council prior to City approval of the preliminary plat or master design review application for
the Property.
3.15 Applicant shall match the existing streetscape located on the south side of Riverside Drive
with a minimum eight foot (8') wide tree lined landscaped strip and a detached ten foot
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(10') wide pathway. The landscaping, including street trees and pathways shall be reviewed
and approved by the Eagle Parks and Pathway Development Committee and the Eagle
Design Review Board prior to submitting application for a final plat.
3.16 Applicant shall provide a center common area plaza for use by the residents of the
development as generally depicted on the Concept Plan. The intent of the plaza is to become
a focal point of the development with an adequate area for gathering, a pool, pool house,
benches, seat walls, and ornamental lighting to create a sense of place and identity for the
core area of the development. The landscaping may include shrubs, flowers, water features,
etc., and shall be reviewed and approved by the Eagle Design Review Board and Eagle City
Council prior to the submittal of a final plat.
3.19 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of the final plat. The plans shall show how the lights will
facilitate the "Dark Sky" concept of lighting.
3.20 The applicant shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed and required landscape islands
and all common areas throughout the development, 3) landscape screening details and
buffering for the residential units adjacent to Riverside Drive 4) elevation plans for all
proposed common area structures and irrigation pump house (if proposed), 5) landscape
screening details of the irrigation pump house (if proposed), 6) useable amenities such as
picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar
amenities, 7) design of ponds to be constructed in reference to mosquito abatement. The
design review application shall be reviewed and approved by the Eagle Design Review
Board and Eagle City Council prior to the submittal of the first final plat.
3.21 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.
3.22 Other than any pathways, ponds and landscaped open space areas as depicted on the Concept
Plan, development of the Floodway shall be prohibited.
3.23 Building placement shall be designed such that parking areas are not concentrated between
the buildings and Riverside Drive.
3.24 City of Eagle approvals shall be subject to any FEMA requirements.
3.25 Applicant shall provide pedestrian and bicycle public access to the paved pathway along the
Boise River as required in the Eagle Comprehensive Plan.
3.26 Provide a license agreement from ACHD approving the landscaping located within the
public right-of-way abutting the northern boundary of the Property (Riverside Drive) prior to
the City Clerk signing the final plat.
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3.27 Pathways connecting the residential areas to the commercial areas shall be provided.
3.28 The applicant shall tile the Ballantyne Ditch within the subject property as required by the
Ballantyne Irrigation Ditch Company prior to the City Clerk signing the final plat.
3.29 Provide documentation from Eagle Water Company and the Department of Environmental
Quality (Boise Regional Office) indicating that potable water service has been approved to
serve the site prior to the applicant submitting a final plat application.
3.30 Streets shall be constructed using the street section widths as shown on Exhibit C or as
otherwise approved by Ada County Highway District.
E. DISCUSSION:
· The Comprehensive Plan Land Use Map designates this site as Mixed Use, Floodway, and
Scenic Corridor. For this application the applicant is proposing attached-residential
townhomes. The entire Lonesome Dove development will include combined single-
family residential with a retail/office/commercial mixed use development. The proposed
for Lonesome Dove II (second phase of the overall project) is calculated at sixteen (16)
units per acre; however the density for the entire Lonesome Dove development (based on
24.20 acres outside of the Floodway) is approximately eight (8) dwelling units per acre.
· The applicant requested a development agreement in lieu of a PUD for this development;
therefore, the proposed rezone for this development was approved contingent upon a
development agreement. The applicant should comply with all associated conditions
within the development agreement for rezone application RZ-19-05.
· The preliminary plat date stamped by the City on September 16, 2008, shows all of the
proposed residential lots to be under the required 5,000-square foot minimum for the MU
(Mixed Use) zone. Under a PUD application, lot sizes are allowed to be beneath the
minimum lot size as long as there is an "offsetting increase" of the same square footage in
open space and a favorable finding is made by the council that the smaller lots are
appropriately integrated into the overall design and that the building product type is
compatible with the PUD and surrounding area. However, this particular project is being
processed as a mixed use (with a development agreement application) in lieu of a PUD.
At this time the development agreement does not address the allowance of lot sizes below
the minimum allowed within Eagle City Code Section 8-2-4. It should be noted however,
that the overall Lonesome Dove development does have adequate open space to
compensate for the reduction in lot sizes if the Commission and Council were to determine
that the reductions are appropriate.
The City's Comprehensive Plan shows this area (Lonesome Dove and Eagle Gateway
South) to be optimal for future transit oriented development (TOD). TOD developments
depend on residential uses to be at density levels that will adequately support the
associated commercial uses and the entire TOD. Research has shown that residential
densities should be at a minimum of twelve (12) to sixteen (16) dwelling units per acre to
effectively provide the support for TODs. Though the residential lots for the Lonesome
Dove Subdivision are below the minimum lot size required for the MU (Mixed Use)
zoning designation they do allow the applicant to provide a residential density level that
will better support not only the associated commercial uses, but also a future transit node
at this location.
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· According to the preliminary plat date stamped by the City on September 16, 2008, the
applicant is proposing a public road (E. Lone River Drive) with a single five foot (5') wide
attached sidewalk on the north side. City Code requires that public roads are to be
constructed with five foot (5') wide sidewalks separated by an eight foot (8') wide
landscape strip on both sides of the road. However because this public road essentially
acts as an alley providing rear access to the residential lots along the south side of the road
and access to the drive aisles on the north side of the road, staff considers it appropriate to
allow the single attached sidewalk to be located on the south side only.
On the original preliminary plat date stamped by the City on August 12,2008, the
applicant proposed this as a private road or alley without sidewalks. The applicant
contended at that time that the private road/alley was intended to be used for vehicle
access to the residential lots and not as a pedestrian oriented corridor within the
development. However, in meetings with City Staff, ACHD, and the Eagle Fire
Department, it was determined that the road should be public and it was agreed that the
single attached sidewalk in this case is appropriate (see attached ACHD report).
· Eagle City Code requires that multi-family residential dwellings provide .25 guest parking
spaces per dwelling unit, and that on-street parking may be used to meet that requirement.
The applicant is proposing seventy (70) dwelling units which will require that eighteen
(18) guest parking spaces be provided. Staff has calculated that the north side of E. Lone
River Drive will accommodate approximately nineteen (19) parking spaces measured at
nine feet (9') wide and twenty three feet (23') long, which allows the above mentioned
parking requirement to be met. Signs should be posted that prohibit parking on the south
side of E. Lone River Drive, as this provides access to the residential units on that side of
the street.
· Eagle City Code requires that all micropathways within subdivisions shall be a minimum
of eight feet (8') wide and within a sixteen foot (16') wide easement. According to the
preliminary plat date stamped by the City on September 16, 2008, the pathways located
within the common lots and between the residential units are proposed to be five feet (5')
wide. The applicant should provide a revised preliminary plat that shows all
micropathways within the development to be eight feet (8') wide and located within a
sixteen foot (16') wide easement. The revised preliminary plat should be reviewed and
approved by staff prior to submittal of final plat application. The pathways within this
subdivision will also be reviewed by the design review board upon submittal of a design
review application for the townhouses prior to the submittal of final plat application.
· According to the preliminary plat date stamped by the City on September 16, 2008, the
southern-most portion ofthe pathway located between Block 18, Lot 20 and Block 18, Lot
33, appears to cross over the lot line of Block 18, Lot 20. Also, the pathway located on
Block 19, Lot 9 appears on the preliminary plat to cross over onto the residential lot
located at Block 19, Lot 10. The applicant should provide a revised preliminary plat that
either shows all pathways to be located outside of the residential lots or provide a revised
preliminary plat that indicates an easement to be established for the portion of the
pathways that cross onto residential lots. The revised preliminary plat should be reviewed
and approved by staff prior to the submittal of final plat application.
· According to the preliminary plat date stamped by the City on September 16, 2008, the
proposed private drive aisles are located within an established block but do not have lot
numbers associated with them. The applicant should provide a revised preliminary plat
that shows all private drive aisles to be labeled with a lot number. A note should also be
added to the preliminary plat that guarantees cross access rights to all the homeowners
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adjacent to the drive aisles. The revised preliminary plat should be reviewed and
approved by staff prior to the submittal of final plat application.
· Eagle City Code Section 8-2A-7(J)(4) requires that a five (5') to eight (8') foot high and
thirty five foot (35') wide buffer area be provided when residential uses abut any road
designated as a collector. According to the preliminary plat, the proposed residential lots
are located adjacent to E. Riverside Drive, which is a residential collector. The applicant,
however, has already constructed a typical five foot (5') wide sidewalk and eight foot (8')
to ten (10') foot wide landscape strip along this portion of the property. The thirty five
foot (35') wide landscaped buffer was not addressed in the previously approved design
review for this site or during the preliminary platting of the overall project because of
uncertainty over what kind development was to occur in the area.
Staff recognizes that some sort of buffering between the residential uses and the collector
needs to be addressed; however, due to the proposed mix of uses for the entire
development, which will include a theatre, retail shops and offices, as well as residential
and in order to maintain the desired urban feel of the development staff thinks that it may
be appropriate to require the applicant to instead construct a five foot (5') high decorative
masonry wall. The wall will provide a suitable buffer between the uses and will create a
more urban aesthetic feel to the development than would the typical thirty five foot (35')
landscaped buffer. The applicant should provide detailed cutsheets (showing material,
color, design etc.) ofa five foot (5') high decorative masonry wall that extends along E.
Riverside Drive between the proposed residential lots and the road. The cutsheets should
be provided with the required design review application for the proposed townhomes and
will be reviewed and approved by the Design Review Board prior to the issuance of a
zoning certificate for the townhomes.
. The existing power utilities to the site are located overhead. Per Eagle City Code,
underground utilities are required. The applicant should be required to place all utilities
underground prior to the City Clerk signing the final plat.
STAFF RECOMMENDED FINDINGS:
. Preliminary Plat: With regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the Commission
and Council", and based upon the information provided to staff to date, staff believes that the
proposed preliminary plat is in accordance with the City of Eagle Code because:
a. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or Eagle City
Code Title 9, as shown within the findings provided within this document and the
proposed residential use is in accordance with the mixed use land use designation of
this area shown within the Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets,
police and fire protection, schools, drainage structures, refuse disposal, water and
sewer; or that the persons or agencies responsible for the establishment of the
proposed use shall be able to provide adequately any such services, as noted in the
documentation provided from said agencies 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 Ada County Highway District as conditioned
herein, there is adequate public financial capability to support the proposed
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development;
e. That any health, safety and environmental problems that were brought to the
Commission and Council's attention have been adequately addressed by the applicant
or will be conditions of approval as set forth within the conditions of approval herein.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Preliminary Plat
with the site specific conditions of approval and standard conditions of approval as provided
within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
20, 2008, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no.
COMMISSION DECISION:
The Commission voted 5 to 0 recommend approval of PP-03-08 for a preliminary plat for
Lonesome Dove Subdivision II for Lonesome Dove, LLC with the staff recommended site specific
conditions of approval and standard conditions of approval provided within the planning and
zoning commission findings of fact a conclusions oflaw.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on November 18, 2008, 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 by no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented by no one.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP-03-08 for a preliminary plat for Lonesome Dove II
Subdivision with the following Planning and Zoning Commission recommended site specific and
standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-19-05.
2. Comply with all applicable conditions with the preliminary plat application for Lonesome Dove
Subdivision (PP-18-06).
3. Comply with all requirements of the City Engineer.
4. 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.
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5. Provide documentation from the Eagle Water Company and the Department of Environmental
Quality (Boise Regional Office) indicating that potable water service has been approved to serve
the site prior to submitting a final plat application.
6. Provide a revised preliminary plat that shows all private drive aisles to be labeled with a lot
number. The revised preliminary plat shall be reviewed and approved by staff prior to the
submittal of final plat application.
7. If the Council approves the private drive aisles, provide a note on the plat that states there shall be
no parking allowed within the drive aisles. Provide a statement in the CC&R's that prohibits
parking on the drive aisles. "No Parking" signs shall be posted on one side of the paved easement
prior to the issuance of any Certificates of Occupancy.
8. If the Council approves the private drive aisles, provide a note on the plat and within the CC&R's
that states that each lot owner within the subdivision has the perpetual right of ingress and egress
over the private drive aisles.
9. If the Council approves the private drive aisles, the applicant shall place a note on the plat that
generally states cross access will be provided to the properties abutting the 20-foot wide paved
access easements if said properties are developed in a similar manner as approved with this
application.
10. If the Council approves the private drive aisles, provide a copy of the Subdivision's CC&R's
providing a plan and schedule for the future repair and maintenance of the private drive aisles. The
CC&R's shall be reviewed and approved by the City Engineer prior to the City Clerk signing the
final plat.
11. Provide a revised preliminary plat that shows all micropathways within the development to be six
feet (6') wide. The revised preliminary plat shall be reviewed and approved by staff prior to
submittal of final plat application.
12. Provide a revised preliminary plat that either shows all pathways to be located outside of the
residential lots or provide a revised preliminary plat that indicates an easement to be established
for the portion of the pathways that cross onto residential lots. The revised preliminary plat shall
be reviewed and approved by staff prior to the submittal of final plat application.
13. All living trees shall be preserved, unless otherwise determined by the City Forester and City
Council. 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, Design Review Board and
City Council) shall be provided for Design Review Board and City Council 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.
14. Add a note to the final plat which states that, "Minimum building setback lines shall be in
accordance with the setbacks as set forth in the conditions of the development agreement for RZ-
19-05 at the time of issuance of a building permit.
15. "No Parking" signs shall be posted on the south side of E. Lone River Drive prior to the issuance
of a certificate of occupancy for the townhomes associated with this application.
16. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site, prior to the City Clerk signing the
final plat.
17. All overhead utilities on the site shall be removed and placed underground, prior to the issuance of
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any building permits for the site.
18. Place a note on the final plat which states that the subdivision shall comply with Idaho Code
Section 31-3805 concerning irrigation water.
19. Provide a revised preliminary plat that shows blanket utility easements to be placed across all
private driveways and common lots. The revised preliminary plat shall be reviewed and approved
by staff 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.
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
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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
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.
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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.
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
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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 of3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs offleash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on site at 6:00 PM, May 29, 2008, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received by
the City of Eagle on June 16,2008.
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
ordinances on September 29, 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 September 26,2008. The site was posted in
accordance with the Eagle City Code on October 10, 2008. Requests for agencies' reviews were
transmitted on June 30, 2008, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on November
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3,2008. 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 October 21, 2008. The site was posted in accordance with the Eagle City
Code November 7,2008.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-03-
08) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The subdivision will be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as
shown within the findings provided within this document and the proposed residential use is
in accordance with the mixed use land use designation of this area shown within the
Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police
and fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services, as noted in the documentation provided from said
agencies 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 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 23rd day of December, 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
,Idaho
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