Findings - CC - 2013 - RZ-11-08MOD/PP-05-12 - Da Mod/Pp For Reynard Subd/241 Lot/80.02 Acre BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION AND PRELIMINARY )
PLAT FOR REYARD SUBDIVISION )
FOR FOXTAIL PARTNERS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-11-08 MOD AND PP-05-12
The above-entitled development agreement modification and preliminary plat applications came before the
Eagle City Council for their action on April 9, 2013. The Council, having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Foxtail Partners, LLC, is requesting a development agreement modification and
preliminary plat approval for Reynard Subdivision, a 241-lot (206 buildable, 2
commercial, and 33 common) subdivision. The 80.02-acre site is generally located on the
north side of West Chinden Boulevard (Highway 20-26) approximately 340-feet west of
the intersection of North Fox Run Avenue and West Chinden Boulevard(Highway 20-26)
at 990 West Chinden Boulevard(Highway 20-26).
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 6:00 PM,
August 8, 2012, a second neighborhood meeting was held at Eagle City Hall (Freedom
Room) at 6:00 PM, March 1, 2013, in compliance with the application submittal
requirement of Eagle City Code. The applications for these items were received by the
City of Eagle on November 16, 2012.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on February 4, 2013. Notice of this public hearing
was mailed to property owners within three-hundred feet(300-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on February 2, 2013. Requests for agencies' reviews were transmitted on December
6, 2012, in accordance with the requirements of the Eagle City Code. The site was posted
in accordance with the Eagle City Code on February 8, 2013.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on November 26, 2012 and December 3, 2012. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on November 21, 2012. The site was posted in accordance with the Eagle City
Code December 1, 2012.
■
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D. HISTORY OF PREVIOUS ACTIONS:
Foxtail golf course has been operating on the subject parcel since 1993, as approved by
Ada County. A series of changes have occurred over the years including expansion of the
golf course and the addition of accessory buildings.
On September 14, 2004, the City of Eagle adopted the Soaring 2025 Western Area plan
which expanded the City's planning boundaries generally west to the centerline of State
Highway 16 and south to Chinden Boulevard(US 20/26).
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:-.T.' ki —,, _ _ 1 ,
Figure 1: Chinden Bench Planning Area
CPA-11-06: City of Eagle: The Western Area Plan designated the area north of the Phyllis
Canal and west of Spur Wing Country Club as the "Chinden Bench Planning Area"
(figure 1). In 2005,the entire area was annexed into the City of Meridian to be developed
as the Tree Farm Subdivision. Since that time Meridian and Eagle City Council members
met and tentatively determined that it was appropriate to allow Meridian to annex
properties within this area and have the City of Eagle remove it from their planning area
(pending execution of a formal MOA memorializing the agreement). The City approved a
comprehensive plan amendment consistent with this action; however, a resolution to
finalize this action has not been adopted to date. A memorandum of agreement (MOA)
between the City of Meridian and the City of Eagle which outlines the conditions
regarding the allowance of Meridian to annex into the Eagle's planning area must be
executed before the adoption of a resolution by the City of Eagle.
In March 2005,the Meridian City Council approved AZ 05-004—a request for annexation
and rezone of 358.57-acres from RUT to R-2 (66.02 acres), R-8 (167.02 acres), R-15
(79.82 acres), C-N (17.26 acres) and C-C (28.45 acres) for The Tree Farm Subdivision
located on the north side of Chinden Boulevard and on both sides of Black Cat Road(west
of Spurwing Subdivision).
In the Fall of 2006, the Eagle City Council and Meridian City Council met to discuss the
Chinden Bench area south of the Phyllis Canal. At that time Meridian expressed a desire
and intent to provide urban services to the area south of the Phyllis Canal. Meridian
indicated they did not plan to service the area north of the canal (area known by the City
of Eagle as the River Plain planning area as described in the Eagle Comprehensive Plan).
In February 2007, the Meridian City Council approved AZ 06-043 — a request for
annexation and rezone of 20.51 acres from R-R to R-8 zone and preliminary plat(PP 06-
045) approval of 73 residential building lots(consisting of 46 attached single-family units
and 27 detached single-family units and 6 common/other lots)on 20.51 acres in a proposed
R-8 zone for Spurwing Patio Homes Subdivision located on the northeast corner of North
Ten Mile Road and West Chinden Boulevard(west of North Spurwing Way).
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In October 2007, the Meridian City Council approved CPA 07-010 — a request to amend
the Comprehensive Plan Land Use Map to include 645-acres north of the Phyllis Canal
and south of the Boise River, extending from Linder Road to approximately % mile west
of Black Cat into Meridian's North Meridian Planning Area.
Meridian
and Use t+lap
(Approximate",
rev
1 —e°..3..^7+
Figure 2:Meridian Area of Annexation
In total, Meridian has annexed and/or provided comprehensive plan land use designations
for nearly 1,100 acres of the City of Eagle's approved Area of City Impact and
comprehensive planning area (figure 2). These actions have altered the City of Eagle's
efforts to plan the forty (40) acre commercially designated area located at the northeast
corner of Highway 20/26 and Black Cat Road. Due to the future extension of State
Highway 16, that corner was recognized in the Chinden Planning Area as a regional
commercial area important to the economic well-being of the City of Eagle. Now that SH
16 is proposed to intersect Highway 20/26 at McDermott Road, Linder Road and the Rim
View Planning area may be considered an appropriate location for a regional commercial
center, in part due to Linder Road being the only north-south connection across the Boise
River in the Western Area, and recent City Council action as noted in the following
paragraph.
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ter,
it
Comm
Figure 3: Linder Road/Chinden
On December 16, 2008, the Eagle City Council approved CPA-5-08 & A-03-08 & RZ-8-
08, a Comprehensive Plan Map and Text amendment changing the land use designation
on the Comprehensive Plan Land Use Map from Mixed Use and Professional Office to
Commercial for the property located on the northeast corner of Linder Road and Chinden
Boulevard (US 20/26) (figure 3). This action also approved an annexation and a rezone
with development agreement from RUT (Rural Urban Transition) to C-3-DA (Highway
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Business District with a Development Agreement). As of this date, Lazy P Subdivision is
recorded and Eagle Island Market Place (EIMP) consisting of Fred Meyer and other
commercial uses are constructed on the EIMP site.
On March 9, 2010, the Eagle City Council approved CPA-07-08/A-05-08 and RZ-11-08,
a Comprehensive Plan Map amendment changing the land use designation from
Public/Semi-Public and Transitional Residential to Mixed Use and Comprehensive Plan
text amendment associated with the Rim View Planning Area; an annexation and rezone
from RUT (Rural-Urban Transition — Ada County designation) to MU-DA (Mixed Use
with a development agreement).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with Golf course
Development Agreement)
Proposed No Change No change Proposed residential and
commercial development
North of site Residential Estates RUT and R1 (Ada County Winward River Heights,
designations) Bodily&Bunderson Springs
Residential Subdivisions
South of site Meridian AOI RUT(Rural-Urban Transition Vacant Parcels
Ada County designation)
East of site Transitional Residential R1 (Ada County designation) Foxtail Subdivision and
and MU-DA(Mixed Use with a agricultural ground that is
development agreement) proposed for residential
development
West of site Residential Estates, RUT(Rural-Urban Transition Vacant Parcel,Bodily&
Transitional Residential, —Ada County designation),R1 Bunderson Spring
Commercial (Ada County designation),and Subdivision No. 2,Eagle
C-3-DA(Commercial Highway Island Marketplace
District with Development commercial development
Agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site—80.02-acres
Total Number of Lots—241
Residential—206
Commercial—2
Industrial—0
Common—33
Total Number of Units—
Single-family—206
Duplex—0
Multi-family—0
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Total Acreage of Any Out-Parcels—0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 2.61-dwelling units per acre Less than 2.47-dwelling units
per acre*
Minimum Lot Size 5,000-square feet 5,000-square feet
Minimum Lot Width 50-feet 50-feet
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Area 14.90-acres 13.78-acres**
Percent of Site as Common Area 21.5%** 20%
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.
Notes: *Pursuant to the executed development agreement,Instrument#110108892
** Based on excluding the lot area of lots exceeding 37,000-square feet in size, pursuant to the
executed development agreement(Instrument#110108892).
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on February 11, 2013, shows a 75-foot
wide common lot located adjacent to West Chinden Boulevard(US 20/26)to provide for a
landscaped buffer area as required pursuant to Eagle City Code Section 8-2A-7(J)(4)(c).
The preliminary plat also shows a 20-foot wide buffer area located adjacent to the Eagle
Island Market Place (Fred Meyer site) commercial development as required pursuant to
Eagle City Code Section 8-3-3(D).
Open Space:
A total of 14.9-acres (21.5% of the total residential area of the subdivision minus the area
containing lots that are a minimum of one [1] acre in size) is proposed within the
residential area of the subdivision. The common areas consist of a combination of a
centralized common area with linear pathways and ponds, road buffer areas, and street
landscape islands. A minimum of 20% open space is required pursuant to the executed
development agreement(Instrument#110108892).
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
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within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Meridian Fire District.
On-site Septic System(yes or no)—yes
The golf course club house is currently served by an existing septic system. The existing
septic system will be required to be abandoned prior to development of the proposed
subdivision.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
J. STREET DESIGN:
Private or Public Streets:
The applicant is proposing to construct public streets within the development. The public
streets to be constructed consist of four (4) different street sections. The preliminary plat
date stamped by the City on February 11, 2013, shows Fox Bend Way (entrance from
Chinden Boulevard [US 20/26]) containing landscape islands with the roadway. The Ada
County Highway District will require that all proposed streets within the development are
in conformance with ACHD policies.
Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
The preliminary plat date stamped by the City on February 11, 2013, shows three (3) cul-
de-sacs located within the proposed development. The proposed length of the cul-de-sacs
is in conformance with Eagle City Code. The preliminary plat does not show a street
section for the proposed cul-de-sacs, however the preliminary plat shows the pavement
located between the landscape island and the outer edge of the street to be 30-feet width.
Pursuant to Eagle City Code the pavement area width in a cul-de-sac is required to be 40-
feet in width between the landscape island and the outer edge of the street.
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips
located on both sides of all interior public roadways with the exception of Fox Lake Place
and Fox Troop Place which contain small loops roads. The preliminary plat does not
delineate sidewalks within the landscaped area nor does the street cross section identify
any sidewalks.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for
the interior streets.
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Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
See"Open Space and Sidewalks"above.
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.
L. PUBLIC USES PROPOSED:None proposed
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees— yes — The property was previously utilized as a golf course (Foxtail Golf Course)
and contains several mature trees located throughout the property.
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—no
Unique Plant Life—unknown
Unstable Soils—no
Wildlife Habitat—no
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
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 letter dated December 14, 2012, and February
20, 2013, are of special concern(attached to the staff report).
Ada County Highway District — Required the applicant to comply with ITD permitting
requirements regarding access to West Chinden Boulevard (SH-20/26). The staff report also
required specific street width requirements and two additional stub streets to be constructed
internally to adjacent properties. The District is also allowing for a residential collector that
allows for front on housing to be constructed within the development.
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Boise River Flood Control District#10—No comment
Central District Health — Indicated that central water and central sewage services will be
required. It also indicated that infiltration beds for storm water disposal are considered shallow
wells and an application and fee will need to be submitted.
Chevron Pipe Line Company—No conflicts
COMPASS — Indicated that the proposed subdivision access to US 20/26 is in conflict with the
US 20/26 Access Management Plan and Report, adopted by the COMPASS Board on December
15, 2008. The correspondence also indicated that it would benefit future transit service if there
were an ADA accessible bus stop located east of the proposed entrance to the subdivision.
Idaho Department of Lands —Indicated that the proposed development will not impact any State
Trust Lands
Idaho Transportation Department—Indicated the following concerns:
1. The original access permit was for a commercial golf course and a new access permit will
be required for a public street.
2. The corridor plan identifies a future six-lane roadway, raised medians and the prohibition
of left turns between signalized intersections.
3. The corridor plan requires 100 feet of right-of-way width. The right-of-way width may be
reduced to 70 feet if the city requires the sidewalk and noise attenuation be
accommodated within a common landscape lot with a minimum of 30 feet in width.
4. Provided the access conditions associated with the Eagle Island Market Place project.
5. Indicated that there is a 500 foot separation requirement between approaches.
6. Indicated that improved safety and traffic operations would occur if the development were
redesigned to take access from Fox Run Avenue at the signalized intersection.
7. The existing traffic from volumes on Fox Run Avenue are too low to justify a signalized
intersection at that location.
8. Provided requirements for additions mitigation.
a. Redesign the subdivision to take access to Fox Run Way.
b. ITD policy allows a temporary full access to the site.
c. The applicant will provide full funding for future medians to prohibit left turns
from the site.
d. ITD will construct the median island to prohibit left turns at the site approach
intersection if a safety problem develops.
e. The applicant will construct a westbound right turn lane on US 20/26 at the site
access point.
f Dedicate the required right-of-way
Meridian Fire Department —Indicated the Meridian Fire District has reviewed the proposal and
cul-de-sac layout and is in agreement with the proposal.
Middleton Irrigation Association and Middleton Mill Ditch Co. — Indicated that the proposed
development is located outside of their service area.
Republic Services—No comment
Q. LETTERS FROM THE PUBLIC (attached to the staff report):
Dennis S. Hanson, Foxtail Homeowners Association, submitted correspondence
requesting the public hearing to be postponed for 30-days. The correspondence indicated
the following concerns: 1) the neighborhood association has not been made aware of the
list of development agreement amendments that are being requested, 2) the proposed
development appears to have higher density than anywhere else in Eagle, 3) the proposed
development may cause devaluation of the existing homes in the area, 4) may be major
safety problems as proposed, 5) could have a negative impact on the quality of life in the
surrounding area, and 6) the notice of the upcoming neighborhood meeting does not give
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adequate time to prepare for meaningful input.
Ryan Moore, Foxtail Homeowners Association, sent email correspondence dated February
27, 2013, which indicated the following concerns: 1) the developer indicated at the
neighborhood meeting they would get back with the neighborhood association and the
developer has not contacted them, 2) question why the neighborhood association was not
notified the public hearing was being continued to March 4, 2013, 3) requesting
clarification regarding notice procedures based on the neighborhood meeting
requirements, 4) the neighborhood meeting that was sent out for the March 1, 2013,
meeting indicated the applicant is proposing 154 single-family homes and honoring the
requirement of constructing a 10-foot berm adjacent to Foxtail Subdivision, 5) the plan
that the applicant is proposing to ACHD contains 206 single-family homes, no berm
adjacent to Foxtail Subdivision and a stub street to the Wilson property(lot located within
Foxtail Subdivision), 6)possible access across the Wilson property has legal and financial
consequences on the residents of the Foxtail Subdivision and the residents of the
subdivision have taken steps to make sure that all entities are informed of the Restrictive
Use Agreement between Wilson and the Foxtail Homeowners Association. The email also
indicates that the Foxtail Homeowners Association that if a reasonable plan was brought
to the association they would consider an access road, 7) Foxtail Association have met
with ITD, ACHD, and City of Eagle staff in the past and informed those agencies of the
Restrictive Use Agreement prohibiting direct access to North Fox Run Avenue and asked
each agency it the agency would condemn, take by eminent domain, or force a road across
the Wilson property and it all cases were told no by the agencies, 8) with the stub street
being required to connect to the Wilson property and due to the possibility of a road
connection to North Fox Run Avenue the subsequent violation of the Foxtail Subdivision
Homeowners Association private property rights. The email also provided a conservative
estimate based on the private property rights violation in the amount owed to the Foxtail
Subdivision Homeowners Association as $4,000,000, 9) that the M3 request has quite a
few complicated issues and the planning and zoning process is very important and also
indicated the Foxtail Homeowners Association have tried to identify the Planning and
Zoning Commission member who represents the residents who live outside of the Eagle
city limits and within the city's area of impact.
The email goes on to state that Foxtail Homeowners Association would like to get their
hands around the proposal so they may understand what the developer is really trying to
do which will allow the association to participate on equal ground.
• Tyson Smith, Foxtail Homeowners Association, sent email correspondence dated February
28, 2013, with correspondence attached. The email correspondence indicated that he
concurred with the other Foxtail Homeowners Association members who have requested
the application be continued to a subsequent hearing. The correspondence attached to the
email, date stamped by the City on February 28, 2013, indicated concerns that the project
as proposed is inconsistent with the Comprehensive Plan, will have an adverse effects on
the property values of the residents living within Foxtail Subdivision, and general safety
concerns regarding the traffic flow within and around Foxtail Subdivision.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
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6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. 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. An allowable
density of up to 10 units per 1 acre.
6.8 Land Use Sub Areas
6.8.7 Rim View Planning Area
The Rim View Planning Area contains a large amount of existing residential uses that have been
developed as one-acre and five-acre lots through the Ada County development process. The future land
uses in the area are predicated on Linder Road being the only Eagle City river crossing between Eagle
Road and Star Road,the need to buffer and preserve the existing residential developments,and the need
to provide commercial opportunities along the regional transportation corridors south of the Boise River.
Because of the alignment of the State Highway 16 crossing moving further to the west(to McDermott),
no clear funding option or timeline for the SH 16 crossing, and recent changes in nearby city limit
boundaries (Meridian), the previously planned regional commercial area at Black Cat no longer is a
viable location for the City of Eagle.
A. Uses
The land use and development policies specific to the Rim View Planning Area include
the following:
1. A forty acre commercial area located at the northeast corner of the intersection of Chinden
Boulevard and Linder Road is to be designed and developed as a unit. This commercial
area is intended to serve the Eagle community as a gateway into town before crossing the
river.
2. Areas designated as Transitional Residential should have an average residential density of
up to 2 units per acre. Units should be clustered to provide for transitional lot sizes to
ensure compatibility of new residential uses to existing residential uses and the commercial
and office uses located at Linder Road and Chinden.
3. Patio home styles and alternative lot sizes may be allowed in conjunction with exiting open
space and recreation areas located in the Rim View Area. The patio homes and
townhouses may be located near the commercial area.
B. Access
1. Access to the area should focus on new internal linkages that allow adjacent parcels to
provide pedestrian and vehicle connectivity into the Rim View Planning Area.
2. Primary access should be on Linder Road with limited access onto Chinden
Boulevard only in accordance with ITD's access management policies. All
accesses should be designed to allow_traffic to flow through the area connecting Meridian
Road to Linder Road may provide the opportunity of future east/west residential collector
linkage within the planning area. Cross-access and local stub streets should be used to
allow the planning area to be interconnected without the need to access the arterial
and state highway network
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3. Internal and interconnected circulation should be used to move traffic within the non-
residential area, helping to mitigate the number of local vehicle trips entering State
Highway 20/26 and Linder Road to access commercial and mixed use services and
create cross access into adjoining properties.
4. Chinden Boulevard should be recognized as a gateway corridor to the City of Eagle
and development should adhere to proper berming, landscaping, and appropriate
setbacks to prevent the encroachment of abutting uses into future corridor improvements.
This would protect the viability of the regional transportation corridor as well as buffer the
abutting uses from the impacts of the corridor.
C. Design
1. This area is recognized as a gateway to the City of Eagle, to be integrated with
appropriate landscaping, entry features, and place-making features in the design of
the area.
2. Design of this area should be compatible to the existing residential uses currently
present in the area and future mixed uses.
3. Design of commercial and office uses should be compatible with the existing residential
uses and contain significant landscaped buffers to reduce impacts and appealing building
design elements to promote a cohesive character. Commercial development should
provide for indirect vehicle connections and for safe and efficient pedestrian linkages to
the mixed use and residential areas adjacent to the site. (See Illustration 6.5)
4. Both Chinden Boulevard and Linder Road should be developed with a detached sidewalk
and planting strip adjacent to the back of curb, further solidifying the purpose and
character of the gateway corridor of Chinden Boulevard.
5. Signage for all non-residential uses should be designed to be consistent and
complimentary, with place-making being the primary objective and identification of uses
being secondary.
6. Non-residential areas should be designed with features and materials intended to
compliment and buffer residential uses and to avoid creating a tunnel or wall effect along
the backside of the large buildings.
D. Issues
1. One of the main concerns in the development of this area is the ability to properly
balance and buffer the commercial uses with existing residential uses. New mixed use
areas should be designed in a manner that provides a cohesive transition and
connectivity between the commercial and residential uses, incorporating elements that
will provide a common and complimentary identity between such uses.
2. Considering the large amount of undeveloped or underdeveloped land within the planning
area, each proposed project should be evaluated for the potential to provide linkages and
connectivity to adjacent parcels. This is necessary to establish a functioning local and
collector roadway system to supports the regionally significant roadways at the south and
west of this area.
3. As this area develops, consideration should be made of the transitory uses that have been
approved by Ada County which may be nearing their end.
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B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-2A-7: Landscape and Buffer Area Requirements:
J. Buffer Areas/Common Lots:
4. Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets
classified as collectors, arterials, freeways, or expressways, to protect residential
communities from noisy, potentially dangerous, high speed roads. The "buffer
area" shall be defined as a common lot located between the residential lots within
the subdivision and the right of way line of the adjacent roadway. This buffer is
required as part of the common area open space owned and maintained by a
homeowners' association. Any landscaping proposed to be within the public right
of way shall not be included as a part of the buffer area required below. The
height for berming/fencing, as noted below, shall be measured from the elevation
of the final grade of the adjacent roadway (measured at the centerline) to the top
of the proposed berming/fencing. The required buffer area width, plantings, and
fencing are as follows:
c. Any road designated as a principal arterial on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of seventy five feet(75')wide buffer area(not including right of
way) shall be provided with the following plants per one hundred(100)linear
feet of right of way: six(6) shade trees,ten(10)evergreen trees, four(4)
flowering/ornamental trees, and twenty four(24) shrubs. Each required shade
tree may be substituted with two(2)flowering/ornamental trees, provided that
not more than fifty percent(50%)of the shade trees are substituted.
A minimum ten foot(10')high, maximum twelve foot(12')high,berm,
decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall, or combination thereof shall be provided within the buffer area.
The maximum slope for any berm shall be three feet(3')horizontal distance to
one foot(1')vertical distance. If a decorative block wall, cultured stone,
decorative rock, or similarly designed concrete wall is to be provided, in
combination with the berm, a four foot(4')wide flat area shall be provided for
the placement of the decorative wall. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code, Section 8-3-3 (D): Side And Rear Yards For Nonresidential Uses Abutting
Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet
(40') to any lot line of a residential district; except that the minimum yard requirements
may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or
screening approved by the council is provided. Such screening shall be a masonry or solid
fence between four(4) and eight feet (8') in height, maintained in good condition and free
of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall
consist of a strip of land not less than twenty feet(20') in width planted with an evergreen
hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the
time of planting.
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• Eagle City Code, Section 8-10-1(G): Modification of a Development Agreement:
Modification Of Development Agreement: A development agreement may be modified by
the city council only after complying with the notice and public hearing provisions of
section 67-6509 of the Idaho Code.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-3-2-1: Streets and Alleys: Location and Design:
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.
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet
(750') in length and shall terminate with an adequate circular turnaround having a
minimum radius of fifty feet(50') of right of way including a landscape island with a
minimum radius of ten feet(10').A minimum of forty feet(40')of pavement shall be
provided between the landscape island and the outside edge of the street as
measured from the face of curb of the island to the face of curb located on the
outside edge of the street. One traffic control sign stating that on street parking is
prohibited within the turnaround shall be installed at the entrance of the turnaround on the
driver's side of the street. The following exceptions may be considered by the council:
1. Alternative types of turnarounds for cul-de-sacs which will provide access to less than
thirteen (13) dwelling units may be permitted by the city if approved by the fire
department and the highway district having jurisdiction.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines,rear lot lines and
side lot lines. Total easement width shall not be less than twelve feet(12'), except that
lesser easement widths,to coincide with respective setbacks, may be considered as part of
the planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width, •
including the utility easement, shall not be less than twelve feet(12'), except that lesser
easement widths,to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code Section 9-3-7: Planting Strips and Reserve Strips:
Planting strips and reserve strips shall conform to the following standards:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed
next to incompatible features such as highways, railroads, commercial or industrial uses to
screen the view from residential properties and to provide noise mitigation for those
residents. Such planting strips/buffer areas shall be a minimum of twenty feet(20')wide
unless a greater width is required within section 8-2A-7 of this code. The landscape
strip/buffer area shall not be a part of the normal street right of way and shall comply with
all landscape/buffer area requirements within section 8-2A-7 of this code.
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• Eagle City Code Section 9-4-1-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for
the protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways,railroad rights of way or other features. Subdivision plats
shall show the location of all buffer areas.
D. DISCUSSION:
• The Eagle Comprehensive Plan Land Use Map designates the property as Mixed Use. The
applicant has submitted a development agreement modification and a preliminary plat
application for Reynard Subdivision, which consists of 80.02-acres. The applicant is
proposing a 241-lot (206-buildable, 2-commercial, and 33-common) residential
/commercial subdivision. The residential area of the development contains a proposed
residential density of 2.63-dwelling units per acre. The residential area of the proposed
development provides building lots ranging in size from 5,000-square feet to 48,106-
square feet in size. The property is currently zoned MU-DA (Mixed Use with a
development agreement) which requires a minimum lot size of 5,000-square feet. The
applicant is proposing 14.9-acres of common area within the residential area, which is
21.5% of the residential area minus the area containing lots larger than 43,560-square feet
in size as permitted pursuant to the executed development agreement.
• The site was previously operated as the Foxtail Golf Course and contains several mature
trees and ponds located throughout the site. The applicant has provided an existing tree
inventory map date stamped by the City on November 16, 2012, that identifies the location
and species of the existing trees. The applicant is proposing to preserve as many as the
mature trees as possible within the proposed subdivision. All living trees that do not
encroach upon the buildable area on any lot should be preserved, unless otherwise
determined by the Design Review Board. 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 Design Review Board) should be provided for Design Review Board approval prior to
the submittal of a final plat.
• The preliminary plat date stamped by the City on February 11, 2013, shows three(3) cul-
de-sac streets with a pavement area that measures 30-feet in width between the landscaped
island and the outer edge of the street. Pursuant to Eagle City Code Section 9-3-2-1(G)the
pavement area located between the landscape island and the outer edge of the street is
required to be 40-feet in width. Alternative types of turnarounds for cul-de-sacs which
provide access to less than 13-dwelling units may be permitted by the city if approved by
the fire department and the highway district. The Meridian Fire Department has provided
correspondence date stamped by the City on February 14, 2013, which indicated that they
have reviewed the proposed cul-de-sac layout and are in agreement with the proposal. The
ACHD staff report date stamped by the City on February 19, 2013, indicated that the
proposed cul-de-sac design is in accordance with District Cul-de-sac Streets Policy and
should be approved as proposed. ACHD is also requiring that the developer provide
written approval from the appropriate fire department.
• Plat note #2 on the preliminary plat date stamped by the City on February 11, 2013,
references the common area/drainage lots and commercial lots. The note references Lot
10, Block 17, as a common area/drainage lot, it appears the lot may be a buildable lot.
Also, the preliminary plat map shows two(2) separate Lot 1,Block 22, and does not show
a Lot 1, Block 21. The applicant should provide a revised preliminary plat showing the
landscape island located on Fox Bend Way immediately north of Fox Lake Drive as Lot
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21, Block 1,prior to submittal of a final plat application.
• Plat note #7 on the preliminary plat date stamped by the City on February 11, 2013, does
not identify front lot line utility or drainage easements. Pursuant to Eagle City Code
unobstructed utility and drainage easements with a total easement width of not less than
12-feet is required adjacent to front, rear, and side lot lines, except that lesser easement
widths, to coincide with respective setbacks, may be considered as part of a planned unit
development. The applicant should provide a revised preliminary plat with plat note #7
revised to read,"All side yard lot lines have a 5' property utility and drainage easement on
each side of the lot line. All front lot lines and rear lot lines have a 12' utility and drainage
easement. The applicant should provide a revised preliminary plat prior to submittal of a
final plat application.
• The preliminary plat date stamped by the City on February 11, 2013, shows three (3)
structures to be vacated located approximately 200-feet north of Chinden Boulevard and
centrally located in relationship to the east and west boundaries. The site also contains a
structure that is not identified on the preliminary plat that is located approximately 230-
feet north of Chinden Boulevard and 90-feet west of the eastern boundary of the site. The
four (4) existing structures located on the site should be removed prior to the City Clerk
signing the final plat.
• The preliminary plat, date stamped by the City on February 11, 2013, delineates an
overhead power line traversing from south to north approximately in the center of the site
with an associated Idaho Power easement, Also the preliminary plat delineates an Idaho
Power easement located at the southeast corner of the site. Pursuant to Eagle City Code
utilities are required to be placed underground. All overhead utilities on the site should be
removed and/or placed underground and the Idaho Power easements should be vacated
prior to the City Clerk signing the final plat.
• The preliminary plat, date stamped by the City on February 11, 2013, shows a cell tower
located in proximity to the center of the site in proximity to the intersection of the existing
cart paths. The preliminary plat identifies the tower as "cell tower to be relocated."
Pursuant to Eagle City Code Section 8-2-3, Personal Wireless Facilities (height-35 feet or
less) are a permitted use; however Personal Wireless Facilities (height-over 35 feet) is a
prohibited use. The applicant should be required to provide additional information
regarding the height and the proposed area for relocation of the existing cell tower so that
the city may determine if the cell tower will be permitted to be relocated on the existing
site. The cell tower additional information should be provided prior to submittal of a final
plat application.
• The preliminary plat, date stamped by the City on February 11, 2013, indicates that the
Almaden irrigation lateral currently traversing the southwest corner of the site is to be
relocated. The preliminary plat also identifies an unidentified existing ditch (possibly the
Zinger Lateral) to be relocated. The location of the existing ditch is approximately 900-
feet south of the northern property line and adjacent to the western property line of the
site. The applicant should provide a letter from the Almaden Ditch Company and all other
appropriate irrigation/ditch/drainage companies approving any construction plans
involving the relocation or construction of irrigation facilities currently accessing the site
and under the purview of the Almaden Ditch Company and all other appropriate
irrigation/ditch/drainage companies. The letter should be provided with the submittal of
the final plat application.
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• The preliminary plat, date stamped by the City on February 11, 2013, shows two (2)
commercial lots which are located at the southwest corner of Fox Bend Way and Fennec
Fox street. The plat map or the plat notes do not identify whether or not cross-access for
vehicle or pedestrian movement is provided. The plat map or plat notes also do not
address whether or not there are any blanket utility easements to serve the proposed
commercial area. The applicant should provide a revised preliminary plat with the
following plat note added:
"All commercial lots shown hereon shall provide reciprocal cross-access for vehicular and
pedestrian ingress and egress to the public right-of-ways and to the utility easements as
delineated or noted on this plat." The revised plat should be provided prior to the
submittal of a final plat application.
• The applicant is requesting modifications to the development agreement (Instrument
#110108892) associated with RZ-11-08 to amend Article III, "Conditions on
Development" as noted within their narrative date stamped by the City on November 16,
2012, and noted within the applicant's version of the development agreement date
stamped by the City on November 16, 2012. Pursuant to Condition of Development#3.3
of the executed development agreement (Instrument #110108892) associated with the
subject property the applicant is required to provide a detailed conceptual site plan
("Development Site Plan")to be incorporated into the executed development agreement as
a modification. The applicant has provided a Development Site Plan and is also requesting
additional modifications to the executed development agreement. Due to the number of
Conditions of Development the applicant is requesting to modify staff will recommend
that an Amended and Restated Development Agreement be executed should the
application be approved. The Conditions on Development of the executed development
agreement are shown on Page 4 (of the staff report) with the applicant's proposed
modifications shown in bold. The staff comments regarding the applicant's proposed
modifications are shown in italic and the new staff recommended Condition of
Development is shown in italic and underline following the italic staff comment.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested development
agreement modification with conditions of development to be placed within an amended and
restated development agreement and the preliminary plat site specific conditions of approval and
standard conditions of approval, all 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 February
19, 2013. The public hearing was continued to March 4, 2013, 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 Commission by two (2) individuals
who indicated the following concerns:
• Question regarding whether proper legal notice was provided since the public hearing was
originally scheduled for a previous date and the Planning and Zoning Commission
continued the hearing to a specific date and whether the city was then required to re-notice
the hearing based on that date.
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• Indicated that the lot owned by Wilson Property, LLC, and located within Foxtail
Subdivision has a Restricted Use Agreement associated with it and that due to the
agreement a public road may not be constructed across it to make a connection from the
proposed subdivision to Fox Run Avenue.
• The proposed density of the development is too high for the area and due to the density
there are safety concerns due to the additional traffic in the area.
• Should a street be constructed between the proposed development and Fox Run Avenue it
should be noted that due to the additional traffic from the development and the lack of
sidewalks within Foxtail Subdivision it would cause safety concerns for the residents
within Foxtail Subdivision.
• Question whether the traffic signal located at Fox Run Avenue and SH-20/26 (Chinden
Boulevard)was placed at that location legally.
• Foxtail Subdivision residents feel they have legal right to deny access from the proposed
development to Fox Run Avenue.
• The proposed subdivision will cause the property values within Foxtail Subdivision to
devalue.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• They had a concern regarding the applicant not returning the adjacent neighbors' calls
after the neighborhood meeting had been conducted to address those neighbors' concerns.
• The applicant should work with the adjacent neighbors prior to the City Council hearing
and outside of the hearing environment to work out any issues to mitigate the neighbors'
concerns.
• The language regarding the allowance for the golf course operations should remain in the
development agreement.
• The city received two (2) untimely correspondences from Matthew Hicks with Holland
and Hart on behalf of the Foxtail Homeowner's Association. The first correspondence is
in reference to the City of Eagle's hearing procedures and neighborhood meetings. The
second correspondence is in regard to a Restrictive Use Agreement between Charles
Wilson (owner of Lot 1, Block 2, Foxtail Subdivision) and the Foxtail Homeowner's
Association. The Restrictive Use Agreement restricts any access from the property
(proposed Reynard Subdivision) to Fox Run Avenue to gain access to the signalized
intersection. The correspondence was not received in a timely manner prior to the
Commission's public hearing. Thus, while the City Attorney and the Commission briefly
addressed the concerns expressed by the Foxtail Homeowner's Association (see attached
transcript), any substantive analysis shall be addressed at the City Council's public hearing
for the proposed development.
COMMISSION DECISION REGARDING THE DEVELOPMENT AGREEMENT
MODIFICATION:
The Commission voted 4 to 0 (Villegas absent) to recommend approval RZ-11-08 MOD for a
modification to the Conditions of Development and associated exhibits for Reynard Subdivision
for Foxtail Partners, LLC, as provided within their findings of fact and conclusions of law
document dated March 18, 2013.
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COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 0 (Villegas absent) to recommend approval of Reynard Subdivision
(PP-05-12) for Foxtail Partners, LLC, with the site specific and standard conditions of approval
provided within their findings of fact and conclusions of law, dated March 18, 2013.
PUBLIC HEARING OF THE COUNCIL:
SECTION 1 (HEARING):
A. A public hearing on the application was held before the City Council on April 9, 2013, 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 the application was presented to the City Council by one individual (not
including the applicant/representative)who indicated that growth will occur and the city has listened to
the neighbors' concerns and the developer has done a good job trying to design the development so
that it is acceptable to most parties.
C. Oral testimony in opposition to the application was presented to the City Council by eight (8)
individuals who had the following concerns:
• Removing the condition of development to construct a buffering berm to be located adjacent to the
eastern boundary of the proposed development and Foxtail Subdivision (from Chinden Boulevard
(SH-20/26) to the northern boundary of Foxtail Subdivision) will eliminate the buffer previously
requested by the Foxtail Subdivision home owners.
• The removal of the existing berm located adjacent to Fox Run Avenue will eliminate a buffer
between the proposed development and the existing subdivision.
• The possible requirement of locating of a new street across Lot 1, Block 2, Foxtail Subdivision
from Fox Run Avenue to the proposed development.
• Significant additional traffic will be utilizing Fox Run Avenue to access the traffic signal at the
intersection of Fox Run Avenue and Chinden Boulevard(SH-20/26).
• The additional traffic utilizing Fox Run Avenue will create a safety concern for the residents of
Foxtail Subdivision due to the lack of sidewalks located adjacent to the existing street.
• Light pollution created by street lights and house lights located within the proposed development.
• The berm located adjacent to Fox Run Avenue may not be removed due to a Restrictive Use
• Agreement executed between the Foxtail Subdivision HOA and Mr. Wilson (Lot 1, Block 2
Foxtail Subdivision)
• The proposed density is too high for the area and small homes should not be located adjacent to
large homes.
• The proposed development will decrease the value of the homes located in Foxtail Subdivision.
SECTION 2(MEDIATION):
During the public hearing and at the City Council meeting on April 9, 2013, the Foxtail
Homeowner's Association (HOA) representatives (see also Holland and Hart letter dated April 9,
2013)requested an informal mediation with City staff to discuss with Foxtail and the Foxtail HOA
representatives the locations of the stub street to connect to Fox Run Avenue. City Attorney Susan
Buxton and City Planner Mike Williams, conducted an informal mediation,to which Foxtail HOA
representatives Dennis Hansen and Ryan Moore and M3/Foxtail representative Mark Tate agreed
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to participate, at Eagle City Hall on April 16, 2013, and April 19, 2013. Each mediation session
included drawings of the location of the stub street as it would cross Lot 1, Block 2, Foxtail
Subdivision to Fox Run Avenue. Ultimately, the issue as to what ACHD would approve as to
stacking distance from the new street intersection on the southern portion of Lot 1, Block 2,
Foxtail Subdivision with Fox Run Avenue and the intersection of Fox Run Avenue and Chinden
Boulevard (US-20/26) was the issue as well as the protection of the existing homes in Foxtail
Subdivision due to increased traffic, vehicle lights, and related issues. Accordingly, the Foxtail
Subdivision HOA requested the northern edge of the pavement associated with the new street be
located 10-feet south of the southern portion of the circular driveway located at 6452 North Fox
Run Avenue. All parties realize that ACHD has final approval of the location of the proposed new
street. The mediation did not result in a written agreement or an amendment to the Restrictive Use
Agreement currently in place between Wilson and the Foxtail Subdivision HOA. Nonetheless, the
parties are encouraged to continue to work together to achieve a compromise they would both be
satisfied with to address this issue.
COUNCIL DECISION REGARDING THE REZONE MODIFICATION:
The Council voted 3 to 1 (Grasser against) to approve RZ-11-08 MOD for a modification to the
Conditions of Development and associated exhibits for Reynard Subdivision, with the Planning
and Zoning Commission recommended condition of development to be placed within a
development agreement modification as follows with strike through text to be deleted by the
Council and underline text to be added by the Council:
3.1 Golf course operations may continue on the Property, or such portions of the Property,
until Foxtail or Wilson elects to abandon such operations. Foxtail awl-Wilson will develop the
Foxtail Property and Wilson will develop the Wilson Property subject to the conditions and
limitations set forth in this Development Agreement. Further, Foxtail and Wilson, as
applicable will submit such applications regarding 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 Development Agreementthe Applications were made.
3.2 The Development Site Plan(Exhibit BC)represents the Owner's Foxtail's current revised
concept for completion development of the Project Foxtail Property. As If the Concept
Development Site Plan is modified in the future and - - - , -- • :- ., . . _ --
-- • - • _ . concept may occur or be required. If the City determines that any
such changes require additional public comment due to potential impacts on surrounding
property or the community, a public hearing shall be held on any proposed changes in the
Concept Development Site Plan and notice shall be provided as may be required by the City.
3.3 The uses areas depicted on the Concept Development Site Plan(herein referred to as"Use
Areas") shall be subject to the following use, size and/or density limitations:
3.3.1 For the"MU-DA-(Commercial)Mixed Use Area"consisting of approximately
1.74-acres as indicated on the Concept Development Site Plan,the permitted uses
shall be all those that are permitted or conditional uses identified under the Mixed Use
District in Eagle City Code 8-2-3 except for the following uses, which are prohibited:
• Cemetery
• Circuses and Carnivals
• Drive in Theater
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• Kennel
• Mortuary
If the permitted and conditional uses in the MU zoning designation are expanded,
such expanded uses shall be allowed as permitted or conditional uses as the case may
be. As depicted on the Development Site Plan; the MU DA(Commercial)Mixed Use
Area shall be limited to 1.74-acres. Commercial Mixed Use Area development shall
be subject to design review compliance, with design review approval by Eagle
consistent with Eagle City Code. Any commercial building shall be set back a
minimum of eighty (80) feet from any existing adjacent residential structure.
Applieant Foxtail shall endeavor to locate one or more of the following uses in the
Commercial Mixed Use Area:
• Church
• Computer Store
• Book Store
• Restaurants(including drive thru)
• Banks/financial institutions(including drive thru)
• Specialty retailers
• Fitness centers
• Sporting goods stores
• Retail pharmacies
• Office, business and professional
• Professional activities
3.3.2 The"Residential Use Area"consists of approximately 78.28-acres(inclusive of
open space). The maximum density for the Residential Use Area shall be
approximately 2.63 dwelling units per acre with a maximum of 206 dwelling units.
Residential uses in the Residential Use Area shall not require a conditional use permit.
Sidewalks and pathways shall be constructed in appropriate locations to provide
pedestrian connectivity throughout the Foxtail Property, which pedestrian connectivity
shall be reviewed by Eagle upon the submittal of a preliminary plat application. The
Residential Use Area shall emphasize transitioning with patio home dwellings(higher
density) located in proximity to Chinden Boulevard to single-family dwellings(lower
density)located adjacent to existing residential uses. The minimum required open
space shall be comprised of no less than 20%of the total gross land area of a
particular portion of the Residential Use Area;provided,however, that that portion of
the Residential Use Area containing lots greater than 37,000 square feet in size shall
be excluded from the minimum open space calculations. Minimum lot sizes and
setbacks shall comply with the following table:
Commercial
Front 10 feet
Rear 20 feet
Side 7.5 feet
Residential
Minimum Lot Size: 5,000 SF
Front 15 feet to living area/25 feet to garage
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Rear 15 feet
Side/Street Side 5 feet/15 feet
Minimum Lot Size: 10,000 SF
20 feet to living area/25 feet to garage(front)/30 feet to
Front garage(front)on loop roads.
Rear 20 feet
Side 5 feet(additional 2.5 feet per story)
Side Block 16 Lots 7, 8 and
Block 17, Lots 9, 10, 13, 15 5 feet
Collector Front 25 feet to living area/30 feet to garage(front)
Minimum Lot Size: 17,000 SF
Front 25 feet
Rear 20 feet
Side 7.5 feet(additional 2.5 feet per story)
Side Block 16, Lots 4 and 5 5 feet(additional 5 feet per story)
Minimum Lot Size: 37,000 SF
Front 30 feet
Rear 30 feet
Side 15 feet(additional 5 feet per story)
* Lots adjacent to the boundaries of the Sandy Court and Winward River Heights
Subdivisions shall not be less than 43,560 square feet in size. The minimum lot size of lots
adjacent to the west boundary of Foxtail Subdivision shall be 17,000 square feet.
3.3.3 The Wilson Property shall be limited to a gross density of one (1) unit per acre
and will require preliminary plat and design review approval prior to development.
Three (3) alternative Concept Plans for the development of the Wilson Property are
depicted on Exhibit D. The City, Foxtail, Foxtail HOA, and Wilson support the
southern-most access as discussed in the mediation session similar to Exhibit D
Alternate No. 3, with the understanding that the City of Eagle has no jurisdiction to
require any certain road alignment or connection to Fox Run Drive as that jurisdiction
is solely within the purview of the Ada County Highway District (ACHD) and/or the
Idaho Transportation Department (ITD). Any future development of the Wilson
Property will require a connection to Fox Run Avenue in an alignment decided by
ACHD and/or ITD even in the event one of three(3)alternative Concept Plans set out
in Exhibit D is not approved by ACHD and/or ITD.
3.4 Eagle shall not issue any development permits for any portion of the Commercial/Mixed
Use Area, except permits related to the golf course and related operations set forth in Section
3.1 above,until Eagle approves the following requirements for such Use Area(or a portion of
a such Use Area):
3.4.1 Foxtail shall develop and submit a master signage plan which includes exhibits
and guidelines necessary to achieve a visually-coordinated,balanced and appealing
signage environment. The master sign plan shall include monument and wall sign
styles, themes, and locations. It is the intent for the master sign plan to govern all
signage within the Commercial Mixed Use Area in accordance with Eagle City Code
§ 8-2A-8. The master sign plan shall be reviewed and approved in accordance with
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the Design Review procedures in Eagle City Code prior to the issuance of a zoning
certificate.
3.4.2 Owners Foxtail shall construct on the Foxtail Property a minimum 6-foot concrete
sidewalk along Chinden Boulevard compliant with the Americans with Disabilities
Act.
3.5 Prior to submittal of any final plat application for any portion of the Property, such portion
of the Property shall(i)be annexed into Eagle Sewer District's boundaries and shall comply
with all applicable Eagle Sewer District's regulations and conditions, (ii)have been issued any
required approval letters from Idaho Division of Environmental Quality, and/or Central
District Health. Further,prior to issuance of a building permit for any non-residential buildings
that are not the subject of a final plat application, Owners shall provide proof of adequate
sewer service to the proposed habitable buildings by causing a letter of approval to be
provided to Eagle from Eagle Sewer District.
3.6 Concurrently with the recordation of a final plat, or prior to the issuance of a Certificate of
Occupancy for any non-residential building, for any portion of the Foxtail Property, Foxtail
shall record conditions, covenants and restrictions("CC&Rs")against such portion of the
Foxtail Property that contain at least the following provisions:
• An allocation of responsibility for maintenance, in perpetuity, of all community and
privately-owned landscape and amenities;
• Establishment of an architectural control board for all buildings consistent with
approvals and Eagle City Code prior to building permit;and
• An allocation of responsibility for the operations and maintenance of the pressurized
irrigation system for the Foxtail Property.-; and
• A provision for a reciprocal cross-access for vehicular and pedestrian ingress and
egress to the public right-of-ways and to the utility easements on the commercial lots.
3.7 Prior to the issuance of any Certificate of Occupancy for any building within any Use Area
of the Foxtail Property, Owners(except golf course-related buildings), Foxtail will construct
such normal and customary phased improvements and satisfy such normal and customary
conditions required by the Ada County Highway District("ACHD") and the Idaho
Transportation Department("ITD")for such Use Area. In the design of these improvements,
consideration shall be given to US 20/26 corridor studies that have been completed and
applicable Access Management Plans that have been adopted. Eagle supports the continued
use of the existing full commercial access to Chinden Boulevard. These phased improvements
include,but are not limited to, dedication of right-of-way for future road widening, roadway
and intersection improvements commensurate to development traffic impacts, construction of
sidewalks along Chinden Boulevard, and construction of driveways in the locations and
configurations as determined by the aforementioned entities or as otherwise may be required
herein. The obligations set forth herein are without prejudice or waiver of any right of
Applicant Foxtail to compensation from ACHD or ITD for such dedications or improvements
required by ACHD or ITD. Approval letters from these entities approving the design of the
required improvements shall be provided to Eagle prior to the issuance of a Building Permit.
3.8 Due to the high visibility of Chinden Boulevard, special attention shall be given to the
design, configuration and position of the buildings abutting the roadways consistent with•Eagle City Code. : .• .• _ . . - - . . . _ -. . • .•. _ • • ••
. . .- _ --. •- ..• . . . . . • ?:. .. . The side of any buildings facing
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the roadways shall be provided with architectural design elements and architectural relief, as
may be approved by the Eagle Design Review Board.
3.9 All buildings shall be set back a minimum of 105-feet from the centerline of Chinden
Boulevard to accommodate future corridor widening.
3.10 Internal roadways connecting any residential and non-residential areas shall be designed
with traffic calming devices in an effort to reduce cut-through traffic,to create lower vehicle
speeds, to act as a delineator between differing uses, and to ensure the safety of the pedestrian.
Plans showing traffic calming devices shall be submitted to Eagle and ACHD and/or ITD
(pursuant to jurisdictional authority)for review and approval in conjunction with any proposed
development plans or preliminary plat,whichever may be the case.
3.11 Foxtail shall work with Eagle Island Marketplace immediately west of the Foxtail Property
to locate one vehicular and pedestrian cross access approximately as shown on the
Development Site Plan. The opening and use of such cross access requires a mutually
acceptable reciprocal easement agreement between the owner(s)of Eagle Island Marketplace
and the Foxtail Property.
3.12 Foxtail shall work with the neighbors to the east and west of the north half of the Foxtail
Property to coordinate location of not less than one road connection suitable for a future road
between Linder Road and Meridian Road. Such road connection shall be constructed to the
roadway classification and specification required by ACHD's Policy Manual for the
anticipated traffic volumes. If a Housing fronting on this collector road is required, front on
housing shall be allowed without buffers. Setbacks described in Section 3.3.2 shall be adhered
to along both sides of the roadway.
3.13 Foxtail shall construct a ten(10) foot high landscaped berm along the Foxtail Property
located immediately west western boundary of Lot 2,Block 2, and Lot 3, Block 2, of the
Foxtail Subdivision • •- . - . •- . • . . .- . - -'
approval of a design review application for development immediately adjacent to Foxtail
Subdivision. If such owners both request construction of such berm,the berm shall be located
on the Property. Foxtail shall be required to landscape the ten(10) foot high berm pursuant to
Eagle City Code Section 8 2A 7(J)(4)(c). If such berm is constructed as provided in this
Section,Tthe proposed landscape plan shall be reviewed and approved by the Eagle Design
Review Board prior to the approval of a final plat application for any development
immediately adjacent to Lot 2,Block 2, and Lot 3,Block 2, of the Foxtail Subdivision.
3.14 Any building with a proposed drive-thru shall be designed in such a way as to compliment
the entirety of the Foxtail Property and, if located near residential uses or a public way, shall
provide a minimum of forty-eight inch(48")grade separated berm and/or screen wall with
vegetation adjacent to the drive-thru lanes to reduce the impact of the vehicles utilizing the
drive-thru lanes(i.e., vehicle headlights and vehicle cueing). Eagle may place reasonable
limits on the hours of operation of all drive-thru uses to ensure compatibility with adjacent
uses.
3.15 Foxtail shall provide bus stops or other similar public transportation mode improvements
on Chinden Boulevard if required by the applicable governmental agency when platting the
Commercial/Mixed Use Area within the Foxtail Property. The location and placement of such
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improvements will be completed in cooperation with Eaglet ITD and/or ACHD(pursuant to
jurisdictional authority).
3.16 Deliveries to commercial buildings within the Commercial/Mixed Use Area shall be
conducted from the hours of 7:00 am to 7:00 pm. All other operations of the commercial
buildings within the Commercial/Mixed Use Area shall comply with Eagle City Code"Loud
Amplification Devices;Noise Ordinance" Section 4-9, or as thereafter amended.
3.17 All non-residential(commercial)buildings in the Commercial/Mixed Use Area shall be
subject to dark-sky lighting, or related limitations in compliance with Eagle City Code, as it
exists at the time such applications are made,to address additional concerns that may arise.
3.18 The Property is currently located within the Meridian Fire District and, therefore, Owners
shall work with the Meridian Fire District for all fire service/protection issues,unless the
Property is annexed into the Eagle Fire District.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 3 to 1 (Grasser against)to approve Reynard Subdivision(PP-05-12)for Foxtail
Partners, LLC, with the following Planning and Zoning Commission recommended site specific
and standard conditions of approval with underlined text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-11-08 as
may be modified by RZ-011-08 MOD.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
4. Add a note to the final plat which states that, "Minimum building setback lines shall be in
accordance with the applicable zoning and subdivision regulations at the time of issuance of a
building permit or as specifically approved and/or required in connection with RZ-11-08 as may
be modified by RZ-11-08 MOD."
5. All overhead utilities on the site shall be removed and/or placed underground and the associated
Idaho Power easements shall be vacated prior to the City Clerk signing the final plat.
6. Provide a letter from the Almaden Ditch Company and all other appropriate
irrigation/ditch/drainage companies approving any construction plans involving the relocation or
construction of irrigation facilities currently accessing the site or particular phase of development
and under the purview of the Almaden Ditch Company and all other appropriate
irrigation/ditch/drainage companies. The letter shall be provided prior to the City Engineer signing
the final plat.
7. The four(4) existing structures located on the site shall be removed prior to the City Clerk signing
the final plat. These structures include: the clubhouse, the driving range shelter, and the two
clubhouse outbuildings. They do not include the maintenance structure or the pump house.
8. Provide a revised preliminary plat showing the landscape island located on Fox Bend Way
immediately north of Fox Lake Drive as Lot 21, Block 1, prior to submittal of a final plat
application.
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9. Provide a revised preliminary plat with plat note#7 revised to read, "All side yard lot lines have a
5' property utility and drainage easement on each side of the lot line. All front lot lines and rear lot
lines have a 12' utility and drainage easement. The applicant shall provide a revised preliminary
plat prior to submittal of a final plat application. (ECC 9-3-6)
10. Provide a revised preliminary plat with the following plat note added:
"All commercial lots shown hereon shall provide reciprocal cross-access for vehicular and
pedestrian ingress and egress to the public right-of-ways and to the utility easements as delineated
or noted on this plat." The revised plat shall be provided prior to the submittal of a final plat
application.
11. The applicant shall provide additional information regarding the height and the proposed area for
relocation of the existing cell tower prior to submittal of a final plat application. (ECC 8-2-3 and
ECC 8-2-4)
12. The applicant shall submit a Design Review application with a landscape plan showing the
required improvements (berming, landscaping, sidewalk, and irrigation pumphouse) within the
common lots pursuant to Eagle City Code 8-2A to be reviewed and approved by the Design
Review Board prior to the submittal of a final plat application. (ECC 8-2A-7)
13. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be
placed at the front of each lot generally at each side property line, or as approved by the Design
Review Board. The trees shall be located in an 8-foot wide landscape strip between the 5-foot
wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant
shall either install the required trees, sod, and irrigation or provide the City with a letter of credit
for 150%of the cost of the installation of all landscape and irrigation improvements. Trees shall be
installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be
issued if weather does not permit landscaping. (ECC 8-2A-7)
14. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. 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 Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review
Board's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
15. The Reynard Subdivision shall remain under the control of one Homeowners Association for
residential uses.
16. The applicant shall place a note on the final plat that the pressurized irrigation system and all
common lots are to be owned and maintained by the Homeowner's Association.
17. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity.
18. A stub street shall be required to Lot 1, Block 2, Foxtail Subdivision, to provide a future
connection to Fox Run Avenue. The stub street connection shall be approved by ACHD and/or
ITD.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health &Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service,prior to the City Engineer signing the final plat.
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
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
• system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch,pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
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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. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch,pipe or other structure, or canal,
or drain,used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch,pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. 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.
14. 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.
15. An approval letter from the Meridian 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 Meridian 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
Meridian Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Meridian Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle
Meridian Fire Department prior to issuance of a building permit.
16. 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.
17. 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.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations(if applicable)prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
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for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council(ECC 9-6-5 (A)(2)).
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.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet
above the ground)noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at Eagle City Hall(Freedom Room) at 6:00 PM, August 8, 2012, a
second neighborhood meeting was held at Eagle City Hall (Freedom Room) at 6:00 PM, March 1,
2013, in compliance with the application submittal requirement of Eagle City Code. The applications
for these items were received by the City of Eagle on November 16, 2012.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on February 4, 2013. Notice of this public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on February 2, 2013. Requests for agencies' reviews
were transmitted on December 6, 2012 in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with the Eagle City Code on February 8, 2013.
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Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 26,
2012 and December 3, 2012. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on November 21, 2012. The site was posted in
accordance with the Eagle City Code December 1, 2012.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification(RZ-
11-08 MOD) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council",
and based upon the information provided concludes that the proposed applications are in accordance
with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of MU-DA (Mixed Use with a development agreement) is
consistent with the Mixed Use designation as shown on the Comprehensive Plan Land Use
Map since the proposed zone will allow for a transitioning of both commercial and residential
uses to mitigate impacts upon existing residential uses from the existing commercial uses and
the transportation corridor (State Highway 20/26). The residential lot sizes will transition
from 5,000 square-feet to one (1) acre (with smaller lots adjacent to the commercial areas and
larger adjacent to existing residential) in size, which provides for a well-planned community
that encourages diversity in housing opportunities and fosters economic vitality.
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be
provided,to serve the uses allowed on this property under the proposed zone and conditions of
the development agreement;
c. The proposed MU-DA (Mixed Use with a development agreement) is compatible with the
RUT (Rural-Urban Transition — Ada County designation) zone and land use (Winward
Heights Subdivision)to the north since the applicant will be required to transition the intensity
of uses and residential density as well as develop parcels (Lots) that are to be a minimum of
one(1)acre in size adjacent to that area, and;
d. The proposed MU-DA (Mixed Use with a development agreement) is compatible with the
RUT (Rural-Urban Transition — Ada County designation), R1 (Residential — Ada County
designation), zones and land uses to the east since the applicant will be required to transition
the intensity of uses and residential density as well as possibly be required to construct a ten
foot (10') high landscaped buffering berm (at the adjacent landowners request) adjacent to
Foxtail Subdivision, and provide connectivity and a transition to the proposed development
located north of Foxtail Subdivision, and;
e. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with
the C-3-DA (Highway Business District with a development agreement), (RUT (Rural-Urban
Transition — Ada County designation) and R1 (Residential — Ada County designation) zones
and land use to the west since that area is developed with commercial uses in a manner similar
to those proposed within this development, and existing residential uses will be compatible
with the residential uses proposed with this development, and;
f. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with
Chinden Boulevard (US 20/26) and the R-1 (Up to one unit per acre one acre) zone and land
uses to the south since a development that is contains a mix of commercial and residential uses
tends to capture a portion of both internal trips and the passing vehicle trips, thereby
alleviating some of the congestion on the adjacent roadway system. In addition, the roadway
improvements required with the development of this property will also contribute to the better
traffic-functions of the adjacent roadways. The properties south of Chinden Boulevard, and
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located within the City of Meridian's Area of Impact, are anticipated to be developed with
uses in a manner similar to those approved with this application and development agreement;
and;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone if the conditions of the
development agreement are fully executed.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-05-
12) 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 requested preliminary plat complies with the approved zoning designation of MU-DA
(Mixed Use with a development agreement).
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle
City Code since the development is consistent with the Comprehensive Plan Land Use Map
designation of Mixed Use (Chinden Bench Planning Area) and provides the required
improvements for a subdivision or as may be conditioned herein; and
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use
will not change the essential character of the same area and because this site will be designed
in accordance with the standards of Eagle City Code and the Eagle Architecture and Site
Design book(EASD); and
d. Will not create excessive additional requirements at public cost for facilities and services as
the site will be served with central sewer from the Eagle Sewer District and will use public
water to be served from Eagle Water Company. Fire protection will be available from the
Meridian Fire Department and fire hydrants will be provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference with
traffic on surrounding public thoroughfares since the project is required to be reviewed and
approved by the Idaho transportation Department and the Ada County Highway District and is
subject to the conditions herein; and
f. While there is no capital improvement program (excepting Capital Improvement Plan for
parks), the developer is required to install public improvements as conditioned herein, or are
expected to be installed with the development of individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments provided, or as
conditioned herein, there is adequate public financial capability to support the proposed
development; and
h. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of the
preliminary plat and subsequent final plat approval as set forth within the conditions of
approval herein.
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DATED this 14th day of May 2013
CITY COUNCIL
OF THE CITY OF EAGLE
Af a County, Idaho or
J. es D. Reynolds, .yor / °° c IT Y OA,,,,,,,,,
,��'•
c.OR p "" Y
ATTEST:
•
C
Sharon K. Bergmann, Eagle C ty Clerk ":r^'• ; , D\ \o
•o
0 t,""""""""
Regulatory Taking Notice: Applicant has the right,pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
•
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