Findings - CC - 2013 - RZ-04-09MOD/ PP-02-13 - Da Modif/Ashbury Subd/246 Lot/111.11 Acre BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION AND PRELIMINARY )
PLAT FOR ASHBURY SUBDIVISION )
FOR SCS BRIGHTON,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-04-09 MOD AND PP-02-13
The above-entitled development agreement modification and preliminary plat applications came before the
City Council for their action on June 25, 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:
SCS Brighton, LLC, is requesting a development agreement modification and preliminary
plat approval for Ashbury Subdivision, a 246-lot(214-buildable, 13-commercial, and 19-
common)subdivision. The 111.11-acre site is generally located on the west side of S.
Meridian Road and the north side of W. Chinden Boulevard(Highway 20/26)
approximately 835-feet west of S. Meridian Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Paramount Community Center (5695 Fox Run
Way) from 6:00 — 7:00 PM, Thursday, February 28, 2013. A second neighborhood
meeting was held at the Paramount Community Center from 6:00 — 7:00 PM, Thursday,
March 28, 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 April 3,
2013.
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 May 6, 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 May 3, 2013. Requests for agencies' reviews were transmitted on April 4, 2013.
in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on May 10, 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 June 10, 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 June 5, 2013.
The site was posted in accordance with the Eagle City Code on June 12, 2013.
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D. HISTORY OF PREVIOUS ACTIONS:
On January 16, 2007, the City Council approved a comprehensive plan amendment from
Transitional Residential (Ada County designation) to Professional Office for a portion of
this original site(CPA-09-06).
On March 27, 2007, the City Council approved an annexation and rezone from RUT
(Rural-Urban Transition — Ada County designation) to MU-DA (Mixed Use with
Development Agreement) and preliminary plat for Castlebury West Business Park for
Capital Development, Inc. The 8.52-acre site is located on the northwest corner of West
Chinden Boulevard (SH 20/26) and North Meridian Road at 6615 North Meridian Road
(A-19-06/RZ-25-06 and PP-19-06).
On August 28, 2007, the City Council approved the final plat for Castlebury West
Business Park No. 1 for Capital Development, Inc. (FP-08-07).
On March 11, 2008, the City Council approved the final plat for Castlebury Business Park
No. 2 for Capital Development,Inc. (FP-01-08).
On December 16, 2008, the City Council approved 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). This action also
approved an annexation(once the property is contiguous to Eagle City limits)and a rezone
with development agreement from RUT (Rural Urban Transition) to C-3-DA (Highway
Business District with a Development Agreement)(CPA-5-08 &A-03-08 &RZ-8-08).
On November 25, 2009, the Eagle City Council approved a de-annexation of this property
(Ordinance 614).
On March 9, 2010, the City Council approved an annexation and rezone from RUT
(Rural-Urban Transition — Ada County designation) to MU-DA (Mixed Use with
Development Agreement)for Capital Development,Inc. (A-04-09/RZ-04-09).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential MU-DA (Mixed Use with Agriculture
Development Agreement)
Proposed No Change No Change Residential and
commercial mixed use
development
North of site Residential Estates RUT(Rural-Urban Residential subdivision
Transition-Ada County (Winward River Heights
Designation) Subdivision)
South of site Transitional Residential, RUT(Rural-Urban Agriculture, Castlebury
Professional Office and Transition-Ada County Business Park and Foxtail
City of Meridian Area of Designation), MU-DA Subdivision
Impact (Mixed Use with a
development agreement)and
R1 (Residential—Ada
County designation),
East of site Residential Estates and RUT(Rural-Urban Church of Latter Day
Residential One Transition-Ada County Saints and Residential
Designation), R-1 (Castlebury West and
(Residential up to one unit Sugarberry Subdivisions)
per acre),R-E(Residential-
Estates up to one unit per two
acres)
West of site Mixed Use and R1 (Residential-Ada County Proposed Reynard
Transitional Residential Designation)and MU-DA Subdivision (mixed use
(Mixed Use with a development)and single
development agreement) family residential(Foxtail
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site— 111.11-acres
Total Number of Lots—246
Residential—214
Commercial— 13
Industrial—0
Common— 19
Total Number of Units—214
Single-family—214
Duplex—0
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Multi-family—0
Total Acreage of Any Out-Parcels—0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 2.04-dwelling units per acre Less than 2.40-dwelling units
per acre*
Minimum Lot Size 6,000-square feet 5,000-square feet
Minimum Lot Width 60-feet 50-feet
Minimum Street Frontage 40-feet 35-feet
Total Acreage of Common Area 18.32-acres 13.78-acres**
Percent of Site as Common Area 23.56%** 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#110108891
** Based on excluding the lot area of lots exceeding 37,000-square feet in size, pursuant to the
executed development agreement(Instrument#110108891).
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on April 3, 2013, shows a 30-foot wide
common lot located adjacent to West Chinden Boulevard (US 20/26) to provide for a
landscaped buffer area located between the highway and the proposed commercial area.
The preliminary plat also shows buffer areas located between the commercial area and the
residential area. The preliminary plat also shows a 30-foot wide buffer area located
adjacent to Meridian Road.
Open Space:
A total of 18.32-acres (23.56% 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, road buffer areas, and street landscape
islands. A minimum of 20% open space is required pursuant to the executed development
agreement(Instrument#110108891).
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
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Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 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)—no
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 two (2) different street sections. The typical street
section shows the planter strips and sidewalks to be located within the street right-of-way.
The modified ACHD street section shows the planter strip and sidewalk extending into the
lots approximately 13.5-feet. The modified street section is proposed to be utilized in the
areas where the one-acre lots are to be located. 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 April 3, 2013, shows one (1) cul-de-sac
located within the proposed development. The proposed length of the cul-de-sac is in
conformance with Eagle City Code. The preliminary plat does not show a street section for
the proposed cul-de-sac, however the preliminary plat shows the cul-de-sac without a
landscape island and approximately 70-feet in width from curb-to-curb. Pursuant to Eagle
City Code cul-de-sacs 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.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for
the interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
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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—located adjacent to the north property line.
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 April 24, 2013, are of special
concern(attached to the staff report).
Ada County Highway District
Boise River Flood Control District#10
Central District Health
Chevron Pipe Line Company
COMPASS
Idaho Transportation Department
Middleton Irrigation Association and Middleton Mill Ditch Co.
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Q. LETTERS FROM THE PUBLIC (attached to the staff report):
Dale Knittel, submitted correspondence, date stamped by the May 13, 2013
Dave B. Vail, submitted correspondence, date stamped by the May 15, 2013
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
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.
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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
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 curbs 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
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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.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Requirements:
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
• 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.
• 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.
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• 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.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.7 The 110+/- acre site of the Property shall consist of approximately 107-acres of
residential use (single-family and multi-family units) and approximately 3.0-acres
of non-residential uses as described below.
3.8 Dimensional standards and respective setbacks within the Property shall be as
follows:
Patio Home Lots(5,000 sq. ft. minimum):
Front: 15 feet-living area/20 feet garage
Rear: 15 feet
Side: 5 feet
Street Side: 15 feet
Maximum lot coverage 60%
Standard R-3 Lots (10,000 sq. ft. minimum):
Front: 20 feet
Rear: 20 feet
Side: 5 feet(additional 2.5 feet per story)
Street Side: 20 feet
Maximum lot coverage 40%
Standard R-2 Lots(17,000 sq. ft. minimum):
Front: 25 feet
Rear: 20 feet
Side: 7.5 feet,(additional 5 feet per story)
Street Side: 20 feet
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Maximum lot coverage 40%
Standard R-1 Lots (43,560 sq. ft. minimum):
Front: 30 feet
Rear: 30 feet
Side: 15 feet
Street Side: 30 feet
Maximum lot coverage 35%
E. DISCUSSION:
• The Eagle Comprehensive Plan Land Use Map designates the property as Transitional
Residential. The applicant has submitted a development agreement modification and a
preliminary plat application for Ashbury Subdivision, which consists of 111.11-acres. The
applicant is proposing a 241-lot (214-buildable, 13-commercial, and 14-common)
residential/commercial subdivision. The residential area of the development contains a
proposed residential density of 2.04-dwelling units per acre. The residential area of the
proposed development provides building lots ranging in size from 6,337-square feet to
47,547-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 18.32-acres of common area within the residential area, which is
23.56% 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 preliminary plat date stamped by the City on April 3, 2013, shows one (1) cul-de-sac
street 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. ACRD is requiring that the developer
provide written approval from the appropriate fire department. The applicant should be
required to provide a revised preliminary plat showing the cul-de-sac to contain a
landscape island with a 10-foot radius and the pavement area located between the
landscape island and the other edge of the street to be 40-feet in width. The revised
preliminary plat should be submitted prior to the submittal of a Design Review
application.
• Plat note #1 on the preliminary plat date stamped by the City on April 3, 2013, indicates
that, "All lot lines common to a public right-of-way and the subdivision exterior boundary
have a twelve-foot (10') wide permanent public utility, drainage, and irrigation easement.
The easement shall not preclude the construction of hard surface driveways from the
public right-of-way to each lot." The applicant should provide a revised preliminary plat
with plat note #1 revised to read, "All lot lines common to a public right-of-way and the
subdivision exterior boundary have a twelve-foot (12') wide permanent public utility,
drainage, and irrigation easement. The easement shall not preclude the construction of
hard surface driveways from the public right-of-way to each lot." The applicant should
provide a revised preliminary plat prior to submittal of a final plat application.
• Plat note #3 on the preliminary plat, date stamped by the City on April 3, 2013, indicates
that, "All rear lot line have a five (10') wide permanent public utility, drainage and
irrigation easement." Pursuant to Eagle City Code, Section 9-3-6, rear lot lines are
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required to have a total easement width of not less than 12-feet. The applicant should
provide a revised preliminary plat with plat not#3 revised to read, "All rear lot line have a
twelve-foot (12') wide permanent public utility, drainage and irrigation 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 April 3, 2013, shows two (2)
commercial areas (Block 1 and Block 2). The commercial area identified on the
preliminary plat as Block 1 is located at the northwest corner of Meridian Road and West
Bavaria Street. The commercial area identified on the preliminary plat as Block 2 is
located at the southwest corner of West Bavaria Street and Heideberg Avenue. 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 preliminary plat, date stamped by the City on April 3, 2013, shows a modified ACHD
street section with one (1) side of the street showing seven and one half feet (7.5') of the
eight-foot (8') wide planter strip, five-foot (5') wide sidewalk, and half-foot (.5') of
additional easement to be located within the residential lot. The front yard setback for
structures located within the R-1 (Residential — up to one (1) unit per acre) zoning
designation is 30-feet from the front property line. The front property line is located at the
road right-of-way line. Based on the planter strip and sidewalk being located within the
residential lot structures (including garages) could possibly be constructed within 17-feet
of the back of the sidewalk. If a front loading garage was constructed 30-feet from the
front property line there would be a possibility that vehicles parked in the driveway
outside of the garage could potentially overhang the sidewalk area. The front yard setback
for structures located within the areas designated as one (1) unit per acre should be a
minimum of 35-feet measured from the property line to prevent the possibility of vehicles
parked in the driveway from overhanging the sidewalk area.
• The preliminary plat, date stamped by the City on April 3, 2013, shows the proposed street
light locations. There are a few intersections, common lot entrances from the public street,
and street curves where street lights are proposed. The applicant should provide a revised
preliminary plat showing street lights to be located at all intersections, common lot
entrances from the public street, and street curves prior to submittal of a design review
application.
• The applicant is requesting modifications to the development agreement (Instrument
#110108891) associated with RZ-04-09 to amend Article III, "Conditions on
Development" as noted within their narrative date stamped by the City on April 3, 2013.
Pursuant to Condition of Development #3.1 of the executed development agreement
(Instrument#110108891) associated with the subject property the applicant is required to
provide a detailed conceptual site plan ("Conceptual Site Plan") to be incorporated into
the executed development agreement as a modification. The applicant has provided a
Conceptual Site Plan and is also requesting additional modifications to the executed
development agreement in regard to the setbacks being enforced utilizing minimum lot
sizes. The applicant is proposing modifications to Condition of Development #3.8 in
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regard to lot designations and lot setback standards. The applicant's proposed
modifications are shown in bold.
3.7 The 110+/-acre site of the Property shall consist of approximately 107-acres of
residential use(single-family and multi-family units)and approximately 379 5.0-
acres of non-residential uses as described below.
3.8 Dimensional standards and respective setbacks within the Property shall be as
follows:
Patio Home Lots(5,000 sq. ft. minimum): Patio Homes
Front: 15 feet- living area/20 feet garage
Rear: 15 feet
Side: 5 feet
Street Side: 15 feet
Maximum lot coverage 60%
! !!! .• -•• Three(3)Units Per Acre
Front: 20 feet
Rear: 20 feet
Side: 5 feet ... . . __ ._
Street Side: 20 feet
Maximum lot coverage 40%
Standard R 2 Lots(17,000 sq. ft. minimum): Two (2)Units Per Acre
Front: 25 feet
Rear: 20 feet
Side: 7.5 feet,
Street Side: 20 feet
Maximum lot coverage 40%
Standard R 1 Lots(13,560 sq. ft. minimum): One(1)Unit Per Acre
Front: 30 feet
Rear: 30 feet
Side: 15 feet
Street Side: 30 feet
Maximum lot coverage 35%
Since the applicant has submitted a new Conceptual Site Plan,date stamped by the City on
April 3, 2013, staff is in agreement with the additional commercial area and recognizing
the separate residential setback areas as shown on the Conceptual Site Plan. Staff is not in
agreement regarding the removal of an additional setback for two (2) story structures and
recommends that Condition of Development #3.8 be modified with strike through text to
be deleted by staff and underline text to be added by staff:
3.7 The 110+/-acre site of the Property shall consist of approximately 107-acres of
residential use(single-family and multi-family units)and approximately 3:.05_0-
acres of non-residential uses as described below.
3.8 Dimensional standards and respective setbacks within the Property shall be as
follows:
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Patio Home Lots(5,000 sq. ft. minimum): Patio Homes:
Front: 15 feet-living area/20 feet garage
Rear: 15 feet
Side: 5 feet
Street Side: 15 feet
Maximum lot coverage 60%
! !!! •• • : Three (3)Units Per Acre:
Front: 20 feet
Rear: 20 feet
Side: 5 feet(additional 2.5 feet per story)
Street Side: 20 feet
Maximum lot coverage 40%
Standard R 2 Lots(17,000 sq. ft. minimum): Two (2)Units Per Acre:
Front: 25 feet
Rear: 20 feet
Side: 7.5 feet, (additional 2.5 feet per story)
Street Side: 20 feet
Maximum lot coverage 40%
Standard R 1 Lots(13,560 sq. ft. minimum): One(1)Unit Per Acre:
Front: 385 feet
Rear: 30 feet
Side: 15 feet
Street Side: 30 feet
Maximum lot coverage 35%
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested development
agreement modification and preliminary plat for Ashbury Subdivision with revised conditions of
development and a Conceptual Site Plan to be placed within a development agreement
modification and subdivision 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 May 20,
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 one
(1) individual (other than the applicant/representative) who indicated the applicant has reduced the
number of units in the development by 42-units. The individual also indicated the applicant has made
an effort to soften the impacts of the development and they believe it will be good development.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by four (4) individuals who indicated their concerns regarding the proposed density of the
development, traffic impacts to the adjacent roadways, lack of infrastructure to serve the development,
removal of the trees located adjacent to the northern boundary of the property, and the style of fencing
to be utilized adjacent to the perimeter of the development.
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COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The proposed development is well planned and in conformance with the executed
development agreement
• The applicant is proposing a development with less density that is permitted pursuant to
the executed development agreement
• The applicant understands the sensitivities in the area and has reduced the proposed
density in response to the concerns of the surrounding neighbors
• The applicant should work towards preserving the trees located adjacent to the northern
boundary of the proposed development
• The neighbors who have moved into the area did it with foresight and may not have
anticipated the density of development that would occur in the area
COMMISSION DECISION REGARDING THE REZONE MODIFICATION:
The Commission voted 3 to 0 (Villegas and Tanner absent) to recommend approval of RZ-04-09
MOD for a modification to the Conditions of Development and associated exhibits for Ashbury
Subdivision for SCS Brighton, LLC, as provided within their findings of fact and conclusions of
law document, dated June 3, 2013.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Villegas and Tanner absent) to recommend approval of Ashbury
Subdivision (PP-02-13) for SCS Brighton, LLC, with the site specific and standard conditions of
approval provided within their findings of fact and conclusions of law,dated June 3, 2013.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on June 25, 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 this proposal was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by one (1) individual
who indicated that the Comprehensive Plan specifies that higher residential density areas are to be
concentrated in proximity to the Central Business District. The individual indicated that the proposed
density within this development is too dense based on the Comprehensive Plan. The individual
requested that the preliminary plat be revised to show the proposed lots located adjacent to Meridian
Road be increased in size to approximately one(1)acre.
COUNCIL DECISION REGARDING THE REZONE MODIFICATION:
The Council voted 4 to 0 to approve RZ-04-09 MOD for a modification to the Conditions of
Development and associated exhibits with the Planning and Zoning Commission recommended
condition of developments to be placed within a development agreement modification as follows:
3.7 The 110+/-acre site of the Property shall consist of approximately 107-acres of
residential use(single-family and multi-family units)and approximately 5.0-acres
of non-residential uses as described below.
3.8 Dimensional standards and respective setbacks within the Property shall be as
follows:
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Patio Homes:
Front: 15 feet- living area/20 feet garage
Rear: 15 feet
Side: 5 feet
Street Side: 15 feet
Maximum lot coverage 60%
Three(3)Units Per Acre:
Front: 20 feet
Rear: 20 feet
Side: 5 feet(additional 2.5 feet per story)
Street Side: 20 feet
Maximum lot coverage 40%
Two(2)Units Per Acre:
Front: 25 feet
Rear: 20 feet
Side: 7.5 feet, (additional 2.5 feet per story)
Street Side: 20 feet
Maximum lot coverage 40%
One(1)Unit Per Acre:
Front: 35 feet
Rear: 30 feet
Side: 15 feet
Street Side: 30 feet
Maximum lot coverage 35%
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 3 to 1 (Grasser against) to approve Ashbury Subdivision (PP-02-13) for SCS
Brighton, LLC, with the following Planning and Zoning Commission recommended site specific
and standard conditions of approval with underline 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-04-09
and RZ-04-09 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-04-09 MOD."
5. The applicant should provide a revised preliminary plat with plat note #1 revised to read, "All lot
lines common to a public right-of-way and the subdivision exterior boundary have a twelve-foot
(12') wide permanent public utility, drainage, and irrigation easement. The easement shall not
preclude the construction of hard surface driveways from the public right-of-way to each lot."The
applicant should provide a revised preliminary plat prior to submittal of a final plat application.
(ECC 9-3-6)
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6. Provide a revised preliminary plat with plat not#3 revised to read, "All rear lot line have a twelve-
foot (12') wide permanent public utility, drainage and irrigation easement." The applicant shall
provide a revised preliminary plat prior to submittal of a final plat application.
7. 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.
8. Provide a revised preliminary plat showing a landscape island located within the Cologne Street
cul-de-sac to contain a landscape island with a 10-foot radius and the pavement area located
between the landscape island and the other edge of the street to be 40-feet in width. The revised
preliminary plat shall be submitted prior to the submittal of a design review application. (ECC 9-3-
2 [G])
9. Provide a revised preliminary plat showing street lights to be located at all intersections, common
lot entrances from the public street, and street curves prior to submittal of a design review
application. (ECC 9-4-1-5)
10. 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)
11. 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 issuance of any occupancy permits for the
homes, all required trees, sod, and irrigation shall be installed within landscape strips. A temporary
occupancy may be issued if weather does not permit landscaping however, a surety in accordance
with Eagle City Code Section 9-4-2-2 for 150% of the cost of the installation of all landscape and
irrigation improvements shall be provided to the City. (ECC 8-2A-7)
12. 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.
13. The Ashbury Subdivision shall remain under the control of one Homeowners Association. (ECC
9-3-4 [D][4])
14. 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. (ECC 9-4-1-9
[C])
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15. 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.
16. The applicant shall provide a plan to preserve the trees located adjacent to the northern boundary
of the development. The plan shall be reviewed and approved by the Design Review Board prior
to submittal of a final plat application.
17. The applicant shall work with the home owner located at 3125 West Sugarberry Drive to design a
visual mitigation measure between the home owner's residence and the proposed lots within the
subdivision located adjacent to Meridian Road. The visual mitigation may include additional
landscaping to be reviewed and approved by the Design Review Board and installed prior to the
City Clerk signing the final plat.
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.
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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
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 Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
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c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
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.
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.
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26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
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.
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CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at the Paramount Community Center (5695 Fox Run Way) from
6:00 — 7:00 PM, Thursday, February 28, 2013. A second neighborhood meeting was held at the
Paramount Community Center from 6:00 — 7:00 PM, Thursday, March 28, 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 April 3, 2013.
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 May 6, 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 May 3, 2013. Requests for agencies' reviews were
transmitted on April 4, 2013. in accordance with the requirements of the Eagle City Code. The site was
posted in accordance with the Eagle City Code on May 10,2013.
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 June 10, 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 June 5, 2013. The site was posted in accordance with the Eagle City Code on June 12,
2013.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification(RZ-
04-09 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 Transitional Residential designation as shown on the Comprehensive Plan
Land Use Map since the proposed zone will allow for a minimum lot size that will allow for a
transitioning of lot sizes to occur adjacent to the properties. Also, the proposed density is
acceptable because it allows for buffering between commercial uses with the higher densities
occurring in proximity to the existing commercial uses and the transportation corridor (State
Highway 20/26); and
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be
provided,to serve all uses allowed on this property under the proposed zone;
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 develop lots that are 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), and MU-DA (Mixed Use with development agreement) zones and land uses to
the south since the applicant will be required to develop lots that are a minimum of one (1)
acre in size adjacent to Foxtail Subdivision, and to provide a buffer between the proposed
residential development and Castlebury West Business Park, and;
e. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with
the RUT (Rural-Urban Transition — Ada County designation) and R1 (Residential — Ada
County designation)zones and land use to the west since that area is proposed to be developed
in a similar manner to this development and the applicant will be required to develop lots that
are a minimum of one(1) acre in size adjacent to Foxtail Subdivision, and;
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f. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with
the R-E (Residential-Estates up to one unit per two acres) and R-1 (Up to one unit per acre
one acre) zone and land use to the east since that area is already developed as residential
subdivisions and the applicant will be required to provide a landscaped buffering berm
adjacent to Meridian Road and the existing residential developments to the east will be
buffered from the proposed development by the landscaped buffering berm; 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. The proposed use, as conditioned within the development agreement, will not create a non-
conforming use with the MU-DA zone.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-02-
13) and based upon the information provided concludes that the proposed development is in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested preliminary plat complies with the approved zoning designation of 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 Transitional Residential (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 requirements of the executed development agreement (Instrument
#110108891), 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 United Water Company of Idaho. 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
and Council'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.
Page 23 of 24
K:\Planning Dept\Eagle Applications\SUBS\2013\Ashbury Sub ccfdoc
DATED this 9th day of July, 2013
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
J,mes D. Reynolds,Ma sr •,
5 • Q09A7' •
ATTEST: U` 0"4"
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Sharon • . Bergmann, Eagle City Clark °� ?'��k p V-
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 24 of 24
K:\Planning Dept\Eagle Applications\SUBS\20I3\Ashbury Sub ccf.doc