Findings - PZ - 2013 - RZ-24-06 MOD 4 and PP-03-12 - Da Modification For Renovare/67-Lot/40.20 Acre BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION AND PRELIMINARY )
PLAT FOR RENOVARE SUBDIVISION )
FOR RENOVARE DEVELOPMENT,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-24-06 MOD4 AND PP-03-12
The above-entitled development agreement modification and preliminary plat applications came before the
Eagle Planning and Zoning Commission for their consideration on August 5, 2013. The Commission
continued the item to August 19, 2013, at which time public testimony was taken and the public hearing
was closed. The Commission directed staff to work with the applicant to address the applicant's disputed
development agreement conditions of development and preliminary plat site specific conditions of
approval. The Commission continued the item to September 16, 2013, at which time the disputed
conditions of development and site specific conditions of approval were addressed. The Commission,
having heard and taken oral and written testimony, and having duly considered the matter, makes the
following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Renovare Development, LLC, represented by John Rennison with Rennison Engineering,
is requesting a development agreement modification and preliminary plat approval for
Renovare Subdivision, a 67-lot (55 buildable, 11 common, and 1-park site) residential
subdivision. The approximately 40.20-acre site is generally located on the east side of
South Edgewood Road approximately 710-feet south of State Highway 44.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, Thursday, April 18, 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 June 17, 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 July 15, 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 July 15, 2013. Requests for agencies' reviews were transmitted on October 23,
2012, in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on July 25, 2013.
D. HISTORY OF PREVIOUS ACTIONS:
On May 22, 2007,the City Council approved an annexation and rezone from RUT (Rural
Urban Transition—Ada County designation)and MU (Mixed Use)to MU-DA(Mixed
Use with Development Agreement)for Cornerstone Group,LLC (A-18-06/RZ-24-06).
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On July 24, 2007, the City Council approved a preliminary plat for Eagle Gateway South
Subdivision for Cornerstone Group,LLC (PP-21-06).
On October 16, 2007, the City Council approved a design review for the common area
landscaping for Eagle Gateway South Subdivision for Cornerstone Group, LLC (DR-33-
07).
On June 10, 2008,the City Council approved a modification to the development
agreement to change a"Hotel"use(shown as "C"conditional use under the MU zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations")to a permitted use on the property associated with Eagle Gateway
Subdivision for Eagle Gateway South,LLC (RZ-24-06 MOD).
On September 23, 2008,the City Council approved a modification to the development
agreement and associated exhibits within the development agreement to allow for an
overall building height of 39-feet, decorative parapet walls of 46-feet,entrance parapet
height of 48-feet, and an entryway feature height of 58-feet. The modification also
approved a digital reader board not to exceed two hundred square(200)feet(RZ-24-06
MOD2).
On July 28, 2008,the City Council approved a parcel division for Cornerstone Group,
LLC (PD-02-08).
On October 7, 2008,the City Council approved a design review application for a movie
theater for Riverwood Cinemas for Ogden Entertainment(DR-54-08).
On June 25, 2013, the City Council approved a modification to the development
agreement and associated exhibits within the development agreement to allow for a
Commercial Entertainment Facility (Tennis and outdoor recreational facility),
Nursing/Convalescent Home, and a building height exception for the tennis facility not to
exceed 45-feet in height and a height exception for a hotel to not exceed 60-feet in height.
E. COMPANION APPLICATIONS:
Design Review application for the common area landscaping to be located within
Renovare Subdivision (DR-33-13).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use,Floodway MU-DA(Mixed Use with Vacant land
and Scenic Corridor Development Agreement)
overlay
Proposed No Change No Change Gated residential
subdivision served by
private streets and a
park/nature site to be
donated to the city.
North of site Business Park BP(Business Park) State Highway 44
South of site Floodway RP(Ada County designation) Boise River(north
channel)Williamson
Horse Ranch
East of site Mixed Use,Floodway MU (Mixed Use) Pasture and Ancona
and Scenic Corridor Business Park
overlay
West of site Mixed Use, Floodway MU-DA(Mixed Use with Lonesome Dove
and Scenic Corridor Development Agreement) Subdivision
overlay
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA,CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site—40.20-acres
Total Number of Lots—67
Residential—55
Commercial—0
Industrial—0
Common— 11
Park Site— 1
Total Number of Units—55
Single-family—55
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 2.20-units per acre 20 units per acre(maximum)
(Based on 24.9-acres of residential area)
Minimum Lot Size 5,000-square feet 5,000-square feet
Minimum Lot Width 50-feet 50-feet
Minimum Street Frontage 20-feet on shared driveways/35- 35-feet
feet remaining areas
Total Acreage of Common Area 12.21-acres 8.04-acres
Percent of Site as Common Area 30.3% (approximately)* 20% (minimum)
*Note-The common area is not inclusive of the area to be donated to the City for a park/nature area site pursuant to the
development agreement(Instrument#108055908,Ada County records).
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on June 17, 2013, shows a greenbelt
pathway adjacent to the North Channel of the Boise River. The preliminary plat also
shows a looped pathway to be located within a common lot located between the residential
area and proposed city park/nature site. The pathways within the residential area also
provides access through three(3)common lots providing access to the lot(Lot 31, Block
9)located within the floodway, which is to be donated to the City for a future park/nature
area.
Open Space:
Open space areas will provide for landscaping, three(3)ponds, and pathways to provide
an amenity to the residents within the development. The 15.3-acres located within the
floodway is proposed to remain unimproved and are to be donated to the City for a future
park/nature area. The preliminary plat,date stamped by Othe City on June 17, 2013,
shows a swimming pool and pool house located on the northwest corner of the residential
area, which is shown as Lot 63, Block 1, of the preliminary plat. The proposed
development contains total of approximately 12.21-acres (30.3%) of usable common area
(not inclusive of proposed park/nature area to be donated to the city). A minimum of 40%
open space(inclusive of the park/nature area)is required pursuant to the executed
development agreement(Instrument#108055908, Ada County records).
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
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Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
The preliminary plat shows five (5) fire hydrants located within the subdivision. The
hydrants should be installed and approved as required by the Eagle Fire Department. The
proposed development is located within the Eagle Water Company water service area.
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 preliminary plat, date stamped by the City on June 17, 2013, shows three (3) street
sections consisting of one (1) public street and two (2) private street sections. The
applicant is proposing the private streets to be located internally within the residential
area.
The public street section (East Riverside Drive) is proposed to be constructed within a 70-
foot wide right-of-way consisting of two (2) 23-foot wide travel lanes (as measured from
back of curb to back of curb), two (2) eight-foot (8') wide planter strips or road side
swales, and two (2) five-foot (5') wide detached sidewalks located partially outside of the
right-of-way. The street section also shows vertical curb and gutter to be located on each
side of the roadway.
The first private road cross section shows a 38-foot wide roadway area inclusive of two(2)
10-foot wide travel lanes, an eight-foot (8') wide parking lane, and a six-foot (6') wide
walk path located on one (1) side of the street. The walking path is part of the asphalt
street section that is striped separately from the travel lane. The street section will have a
one-foot (1') ribbon curb located adjacent to the walk path and six-inch (6") vertical curb
and gutter (rolled curb fronting building lots) located on the other side of the street. The
applicant is not proposing any planter strips to be located on either side of the private
street.
The second private road cross section shows a 38-foot wide roadway area inclusive of two
(2) 11-foot wide travel lanes and a six-foot (6') wide walk path located on one (1) side of
the street. The walking path is also part of the asphalt street section that is striped
separately from the travel lane. The street section will have a one-foot (1') ribbon curb
located adjacent to the walk path and six-inch (6") vertical curb and gutter (rolled curb
fronting building lots) located on the other side of the street. The applicant is not
proposing separate planter strips to be located on either side of the private street.
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Applicant's Justification for Private Streets (if proposed):
The applicant is proposing the residential development to serve a targeted demographic of
residents who will be age 55+. The applicant has indicated that this demographic desires a
private setting and heightened security which may be achieved utilizing a gated
community served by private streets. Also, due to the floodway and existing ponds the site
contains some physical constraints.
Blocks Less Than 500': None
Cul-de-sac Design: No cul-de-sacs are proposed
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips
located on both sides of East Riverside Drive. An attached eight-foot(8') wide sidewalk is
proposed to be located adjacent to South Edgewood Way. The applicant is proposing the
interior streets to contain a six-foot (6') wide striped path to be located on one (1) of the
internal private streets.
Curbs and Gutters:
See"Private or Public Streets"
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning
Administrator prior to the submittal of the final plat. Any modifications made to the lights
shall be completed before the final plat approval.
Street Names:
Street name approval from the Ada County Street Name Committee is required prior to
submittal of a final plat application.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian walkways are provided throughout the development through a six-foot (6')
wide striped path to be located on one (1) side of the internal streets and through a multi-
purpose pathway system located within the open space area located between the proposed
park site and the residential lots.
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:
The applicant is proposing to donate a 15.30-acre park site (located adjacent to the Boise
River)to the city.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—Yes-Flood area adjacent to Boise River
Evidence of Erosion—No
Fish Habitat—Yes—Fish located within ponds
Floodplain—Yes-100 yr. floodplain/Zone AE,Floodway/Zone FW adjacent to the Boise River
Mature Trees—Yes—adjacent to the Boise River
Riparian Vegetation—Yes, in proximity to Boise River
Steep Slopes—No
Stream/Creek—Yes—Boise River
Unique Animal Life-No
Unique Plant Life-Unknown
Unstable Soils -Unknown
Wildlife Habitat—Yes, Riparian areas adjacent to Boise River
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Lynn Moser with Eagle Sewer District stated in correspondence that it will be necessary
for the applicant to petition to annex the subject property prior to the District reviewing
both off-site and on-site central sewer construction plans for the proposed development.
The correspondence also indicated that the development would be provided central sewer
by connecting to a sewer manhole that was installed for the Lonesome Dove project
located to the west of the proposed development.
The site lies within the Eagle Water Company service area for potable water.
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 July 16, 2013 are of special
concern(attached to the staff report).
Ada County Highway District
Boise River Flood Control District No. 10
Central District Health
Chevron Pipe Line
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
Idaho Transportation Department
Joint School District No. 2
Middleton Irrigation Association and Middleton Mill Ditch Co.
United States Army Corps of Engineers
Q. LETTERS FROM THE PUBLIC (attached to the staff report):
Email correspondence received from Jeff Huber with White-Leasure Development Company,
dated July 15, 2013.
Correspondence received from Mike Ford, 1545 East Lone Shore Drive, Eagle, date stamped by
the City on August 8, 2013.
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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 the Central Business District
(CBD). Development within this land use designation should be required to proceed through
the PUD and/or Development Agreement process, see specific planning area text for a
complete description.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal
Emergency Management Administration maps along the Boise River and Dry Creek
(Generally shown on the Land Use Map which is a part of this Plan). These areas are to
remain open space because of the nature of the floodway which can pose significant hazards
during a flood event. Also,the floodway areas shall not be considered as a part of the
minimum area of open space required(as required within the zoning ordinance)unless
developed as noted within this paragraph. Floodway areas shall be excluded from being used
for calculating permitted residential densities. Any portion of the floodway developed as a
substantially improved wildlife habitat area open to the public, or useable public open space,
such as a pathways,ball fields,parks, or similar amenities as may be approved by the City
Council, may be credited toward the minimum open space required for a development.
When discrepancies exist between the floodway boundary shown on the Land Use Map and
the floodway boundary shown on the Federal Emergency Management Administration maps
such that the floodway area is smaller than that shown on the Land Use Map the adjacent land
use designation show shall be considered to abut the actual floodway boundary.
When new floodway boundaries are approved by FEMA and/or the City, the floodway area on
the Comprehensive Plan Land Use Map should be revised to reflect any new floodway line.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors
and natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the
zoning districts have been formulated to realize the general purposes as set forth in this
title. In addition,the specific purpose of each zoning district shall be as follows:
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MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as
limited office, limited commercial, and residential. This district is intended to ensure
compatibility of new development with existing and future development. It is also
intended to ensure assemblage of properties in a unified plan with coordinated and
harmonious development which shall promote outstanding design without unsightly and
unsafe strip commercial development. Uses should complement the uses allowed within
the CBD zoning district. All development requiring a conditional use permit in the
MU zoning district, as shown in section 8-2-3 of this chapter, shall occur under the
PUD and/or development agreement process in accordance with chapter 6 or 10 of
this title unless the proposed development does not meet the area requirements as set forth
in section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with
adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise
a conditional use permit shall be required unless the proposed use is shown as a permitted
use in the MU zoning district within section 8-2-3 of this chapter. Residential densities
shall not exceed ten (10) dwelling units per gross acre. When a property is being proposed
for rezone to the MU zoning district a development agreement may be utilized in lieu of
the PUD and/or conditional use process if approved by the city council provided the
development agreement includes conditions of development that are required during the
PUD and conditional use process.
• Eagle City Code, Section 8-2-3 Schedule of District Use Regulations:
Residential dwellings are allowed by Conditional Use within the MU (Mixed Use) zoning
designation.
• Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for the
MU (Mixed Use)zone:
Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Minimum
District Height Side Side Lot Covered Area(Acres Or Lot
Sq.Ft.)G And Width I*
H*
MU 35' 20' 20' 7.5' 20' 50% 7,000 50'
• 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, Section8-2A-7 (J)(4)(a): Buffer Areas/Common Lots
a. Any road designated as an urban or rural collector on the Ada County long range
highway and street map:
A minimum of thirty five feet(35') wide buffer area(not including right of way) shall
be provided with the following plants per one hundred(100)linear feet of right of
way: four(4) shade trees, five(5)evergreen trees, and twenty four(24) shrubs. Each
required shade tree may be substituted with two(2)flowering/ornamental trees,
provided that not more than fifty percent(50%)of the shade trees are substituted.
A minimum five foot(5')high, maximum eight foot(8')high,berm,decorative block
wall,cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet(3')horizontal distance to one foot(1') vertical distance. If
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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 8-7-3-3 Public Sites and Open Spaces:
B. Natural Features: Existing natural features which add value to residential development
and enhance the attractiveness of the community(such as trees, watercourses,historic
spots and similar irreplaceable assets) shall be preserved in the design of the
development.
C. Special Developments: In the case of planned unit developments and large scale
developments, the council may require sufficient park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
development.
• 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 PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 9-3-2-5: Private Streets:
Private streets may be permitted, in the discretion of the council, subject to the following:
A. Compliance: Private streets may provide access to no more than ten percent(10%) of
the lots within a planned unit development provided the council determines that the
private streets are in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings
such that private streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular
and pedestrian traffic, sidewalks, and parking.
3. The private streets shall provide adequate access for service and emergency
vehicles.
4. The private streets do not adversely affect access or good transportation planning
to adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel
layout.
6. Other than to provide emergency access,the private streets do not connect one
public street to another,thereby encouraging travel through the development
served by the private street.
7. The use or alignment of the private streets does not interfere with the continuity of
public streets.
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8. An appropriate mechanism has been established for the repair and maintenance of
the private streets, including provisions for the funding thereof.
B. Construction And Design Standards: Private streets shall conform to the following
construction and design requirements:
1. All private street construction shall be in accordance with Ada County Highway
District's structural standards for streets including base course and asphaltic
concrete mat thickness utilizing the appropriate traffic index or as may be
recommended by the city engineer and approved by the city council, and shall
further be in accordance with Ada County highway district's intersection design
and drainage requirements, or as may be recommended by the city engineer and
approved by the city council.
2. Except as may be otherwise set forth in this section, private streets shall meet such
design and dimensional requirements as the council may determine are
appropriate considering the proposed use and the site upon which the private
streets are to be placed, however, all private streets shall contain paved travel
lanes a minimum of twelve feet (12') in width (except as noted herein) and shall
otherwise provide for the safe, convenient, and effective movement of both
vehicular and pedestrian traffic. Vertical curbing shall be provided for streets that
are less than thirty four feet(34')in total width.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including,
but not limited to, designated parking and "no parking" areas, speed, stop, and
such other signs as are required for safe pedestrian and vehicle travel.
5. All private streets shall, during the progress of construction, be inspected and
tested, at the expense of the owner or developer, by a qualified inspector in order
to ensure compliance with the construction and design standards set forth in this
section, the construction drawings as prepared by the registered professional
engineer, and good engineering and construction practices. Reports of such
inspections and tests shall be submitted, together with a certification of such
compliance, for the review and approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public
right of way, or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-
1G of this chapter and subject to the approval of the Eagle fire district and
city engineer and provided further that proper maintenance of the island is
provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the
Eagle fire district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer, and city council.
7. The design of all private streets and related storm drainage facilities shall be
prepared by a licensed professional engineer in the state in substantial
conformance with engineering and design standards in effect at the time of
preparation of the design. Construction drawings,together with a certification of
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such conformity, shall be submitted for the review and approval by the city
engineer. No part of this section shall be construed as allowing a private street that
is not in conformance with current engineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more
restrictive standard shall prevail, unless specifically determined otherwise by the
city council.
C. Access And Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost
estimate therefor prepared by a licensed professional engineer in the state,
together with a proposed method for funding the same, including, but not limited
to, the creation and maintenance of a reserve fund for that purpose, shall be
submitted with the final plat application for review and approval by the city
engineer and city council.
2. The location of the private street shall be clearly depicted on the face of the plat
and notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the
private street the perpetual right of ingress and egress over the described
private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street
cannot be modified and the homeowners'/property owners'association or other
entity cannot be dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be
recorded at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private street in accordance with
the approved plan as provided for in subsection Cl of this section. Said restrictive
covenant shall also provide that the said covenant shall run with the land and that
the said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the
city. The said restrictive covenant shall be reviewed and approved by the city
attorney prior to certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or
the entity responsible for the maintenance of any private street approved in
accordance with the provisions of this section to undertake such repair and
maintenance activities as it may determine is necessary to protect the public
health, safety, or welfare and make such expenditures from the funds reserved
therefor as may be required thereby; and the owner or responsible entity shall, as a
condition of approval of any such private street, be deemed to have agreed to
comply with any such order and to reimburse the city all of its costs, including
attorney fees, incurred in obtaining or enforcing any such order. Any order entered
by the council pursuant to this subsection may be enforced by a court of
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competent jurisdiction and the city shall be entitled to recover its costs and
attorney fees incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall,in all respects,conform
to all applicable components of the comprehensive plan.
• Eagle City Code, Section 9-3-5: Lots:
Lots shall conform to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the official
height and area regulations as set forth in section 8-2-4 of this code, except that lot
sizes that vary from the standards within section 8-2-4 of this code may be considered
as part of the planned unit development.
• 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 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining
the design of pathways, the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in
width. Micropathways within subdivisions which are designed for primary use by
the residences of the subdivision shall be a minimum eight feet(8') wide and shall
be located within a sixteen foot (16') wide pedestrian access easement, however,
in an area where low volume pedestrian traffic is anticipated, the council may
consider a reduction in pathway width to six feet (6'). Regional pathways such as
the Boise River greenbelt and pathways located adjacent to major roadways shall
be a minimum ten feet (10') wide and shall be located within a twenty foot (20')
wide pedestrian access easement.
3. A five foot(5') wide landscaped area/building and fence setback, as measured
from both edges of the paved path, shall be required, and will be owned by either
the abutting property owner(s)or a homeowners'association unless accepted by a
public entity. The five foot(5')wide landscaped area on either side of the pathway
may be decreased to a minimum of two feet(2')wide(as measured from the edge
of asphalt to the easement line) when used in conjunction with a meandering
pathway,however,the total width of the landscape area shall not be less than ten
feet(10') (i.e., 2 feet on one side of the path and 8 feet on the other). For safety
purposes,planting material in this area is limited to three feet(3')in height. The
landscape,fence and building regulations for this area shall be indicated by a note
on the plat.
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F. Sidewalk Design:
1. Sidewalks, a minimum five feet(5')wide, shall be required on both sides of the
street;except,that where the average width of lots, as measured at the street
frontage line or at the building setback line, is over one hundred feet(100'),
sidewalks on only one side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with
the standards and specifications of the Ada County highway district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of
curb by a minimum eight foot(8') wide landscape strip. The landscape strip shall
be completed with sod, automatic irrigation, and planted with three inch(3")
minimum caliper shade class trees along all streets within the subdivision.
Installation of landscaping shall be in accordance with section 8-2A-7 of this
code. The area within the eight foot(8') wide landscape strip may be counted
toward the minimum required common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line.
Minor variations to the location of a tree may be considered by the design review
board during the review of the subdivision landscape plan.
5. If sidewalk is required on one side of each street only(as provided for in
subsection F1 of this section), then the trees on the side of the street with no
sidewalk shall be placed within five feet(5')of the edge of roadway.
6. In zoning districts which prohibit densities greater than one dwelling unit per two
(2)acres and at the council's discretion, a four foot(4')wide striped path (with
pedestrian designation markings such as diamonds or pedestrian/bicycle symbols)
on both edges of all internal roadways may be permitted in lieu of constructing
sidewalks. Trees shall be placed within five feet(5') of the edge of roadway.
• Eagle City Code, Section 9-5-5: Large Scale Development Subdivision;Required
Information
Large scale development subdivisions proposed within the R-2,R-3,R-4, and MU zoning
districts shall be submitted as planned unit developments. Due to the impact that a large
scale development would have on public utilities and services,the developer shall submit
the following information along with the preliminary plat:
A. Identification of all public services that would be provided to the development
including,but not limited to, fire protection,police protection, central water,central
sewer, road construction,parks and open space, recreation, maintenance, schools and
solid waste collection;
B. Estimate of the public service costs to provide adequate service to the development;
C. Estimate of the tax revenue that will be generated from the development; and
D. Suggested public means of financing the services for the development if the cost for
the public services would not be offset by tax revenue received from the development.
• Eagle City Code, Section 9-5-7: Subdivision Within A Floodplain:
In addition to the provisions of this title, any subdivision within the designated floodplain
of the city shall comply with all applicable provisions of the floodplain regulations of the
city as now in effect or as may hereafter be amended'
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• Eagle City Code, Section 9-5-8: Subdivision Within An Area Of Critical Concern:
A. Designation Of Areas Of Critical Concern: Hazardous or unique areas may be
designated as areas of critical concern by the city council or by the state of Idaho.
Special consideration shall be given to any proposed development within an area of
critical concern to assure that the development is necessary and desirable and in the
public interest in view of the existing unique conditions. Hazardous or unique areas
that may be designated as areas of critical concern are as follows:
3. Unique animal life;
4. Unique plant life;
5. Scenic areas;
7. Floodplain;
8. Center city;
B. Environmental Assessment Plan: The developer shall prepare and submit an
environmental assessment along with the preliminary plat application for any
development that is proposed within an area of critical concern.
The contents of the environmental assessment shall be prepared by an interdisciplinary
team of professionals that shall provide answers to the following questions:
1. What changes will occur to the area of environmental concern as a result of the
proposed development?
2. What corrective action or alternative development plans could occur so as not to
significantly change the area of environmental concern?
3. What changes in the area of environmental concern are unavoidable?
4. What beneficial or detrimental effect would the development have on the
environment including,but not limited to, animal life,plant life, social concerns,
economic, noise, visual, available farmland and other?
C. Areas Of Critical Concern: The following areas are specifically identified as areas of
critical concern:
1. Boise River Floodplain: The Boise River floodplain and certain intervening and
immediately adjacent areas are designated as areas of critical concern due to their
ecological and scenic significance. This area comprises the two(2)channels of the
Boise River and intervening and immediately adjacent areas, as depicted on the
land use designation map of the comprehensive plan adopted by the city of Eagle
on May 11, 1993, as a "special area", including that portion in the Eagle impact
area.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.4 The Setbacks shall be as follows:
Single Family Residential:
Lots 1-26
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Front 10 feet or 15 feet(alternating) as measured from the back of sidewalk. No more
than two lots in succession shall have the same
setback. (Exhibit"D")
15 feet(to side loaded garage)
25 feet(to front loaded garage)
Rear 3 feet(portion of 12' overall utility/drainage easement along rear property line)
Interior Side
(Includes single story and two
story structures, where exterior
wall does not exceed 12' in height
or where second floor serves as
an outdoor space w/out a roof
structure [ie. roof deck]): 5 feet
Interior Side
(Includes two story structures,
where exterior wall exceeds 12'
in height): 7.5 feet
Street Side 10 feet
Maximum coverage 60%
Lots 27-55
Front 10 feet or 15 feet(alternating)as measured from the back of sidewalk. No more
than two lots in succession shall have the
same setback. (Exhibit"D")
15 feet measured from back of sidewalk
(to side loaded garage)
25 feet measured from back of sidewalk
(to front loaded garage)
Rear 0' feet(12' utility/drainage easement beyond rear property line.)
Interior Side
(Includes single story and two
story structures, where exterior
wall does not exceed 12' in height
or where second floor serves as
an outdoor space w/out a roof
structure [ie. roof deck]): 5 feet
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Interior Side
(Includes two story structures,
where exterior wall exceeds 12'
in height): 7.5 feet
Street Side 10 feet
Maximum coverage 60%
Multi-family Condominiums:
Front 15 feet
Rear 20 feet
Interior Side 7.5 feet(2-story)/ 12.5 feet(3-story)
Street Side 15 feet
Mixed Use/Office/Retail Commercial Buildings
Front 7.5 feet (allows canopies, awnings,etc. to encroach) (typ. at west end of
Riverside Drive near Edgewood and along
Edgewood)
20 feet(typical unless noted otherwise)
Rear 10 feet
Interior Side 7.5 feet(2-story)/ 12.5 feet(3-story)
Street Side 7.5 feet (allows canopies, awnings, etc. to encroach)
Maximum Coverage: 60%
All driveways providing access to residential dwellings shall vary in design and have a
stain/colored finished prior to receiving a certificate of occupancy for the residential
structure associated with the driveway.
All single family residential structures shall require Architectural Control Committee(ACC)
approval prior to the issuance of any building permits to assure that the homes are designed
to be compatible and consistent with the"Craftsman "theme of the development.
3.7 The conditions,covenants and restrictions for the Property shall contain at least the
following:
(a) An allocation of responsibility for maintenance of all community and privately owned
landscaping,pressurized irrigation facilities, parking lots, and amenities.
(b) A requirement insuring compliance with the Design Guidelines approved with this
Agreement.
(c) A requirement for all fencing within the development to be open-style such as
wrought iron,extruded aluminum(looks identical to wrought iron), or three-rail-type
wooden decorative fencing. All other fencing(ie. cedar fencing, vinyl,chainlink) shall
be prohibited.
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3.7.1 The applicant shall place a note on the final plat that all common areas are to be
owned and maintained by the Owners Association(s) for the development. The applicant
shall provide a copy of the CC&Rs (which include a similar statement regarding the
common areas) for review and approval by the City attorney prior to the approval of the
first final plat. The CC&Rs shall provide that the association(s) shall have the duty to
maintain and operate all of the common landscape areas in the subdivision in a competent
and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees,in accordance with Eagle City Code, in perpetuity.
3.8 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning
and platting while still maintaining the general intent of the Conceptual Plan with the
requirements set forth in this Development Agreement. Specific design elements shall be
clarified during the platting and design review application processes. However, the
streetscape as shown on the concept plan(center landscape islands, street trees, pool,
poolhouse, and, children's play areas) shall be required design elements as part of the final
design for the site. The overall open space for the site shall remain a minimum of 40%
(inclusive of the area which is to be donated to the City). For the purpose of this
Agreement, open space shall be defined as all areas other than buildings,parking lots,
roadways, and individual,fee-simple residential building envelopes.
3.14 The single-family dwellings shall be constructed utilizing"Craftsman/Americana"style
architecture. Commercial/retail buildings, multi-family residential condominiums (Exhibit
"E"), and pool house shall be required to meet the design review requirements as set forth in
Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review
Board and Eagle City Council approval of the detailed architectural plans for the
development is required prior to the issuance of building permits for commercial/retail
buildings, multi-family residential condominiums,pool house, pumphouse for irrigation,
and gazebos.
To assure compliance with this condition, the applicant shall create an architectural control
committee(ACC)as a component of the development's CCR&S. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&R's, and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will
not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to
deny, at its discretion, any building permit application that does not meet the design
requirements as may be stipulated by the Eagle Design Review Board and Eagle City
Council.
3.17 Applicant shall provide a pool and poolhouse as generally depicted on the Concept Plan.
The intent of the pool and poolhouse is to provide a venue for activities for the residents of
the development. The building architecture and associated landscaping shall be reviewed
and approved by the Eagle Design Review Board and Eagle City Council prior to the
issuance of a building permit. Applicant shall provide a surety for completion of the
poolhouse and pool prior to the City Clerk signing the final plat for Phase No. 1.
3.19 Applicant shall provide pedestrian and bicycle public access as shown on the Concept Plan
from Riverside Drive to the paved greenbelt pathway located adjacent to the east and west
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boundaries as shown on the preliminary plat date stamped by the City on January 10, 2007.
The public access to the pathway shall be reviewed and approved by the Eagle Parks and
Pathway Development Committee and the Design Review Board prior to submitting final
plat application.
3.27 Streets shall be constructed using the street section widths as shown on Exhibit"C" or as
otherwise approved by Ada County Highway District.
3.30 Prior to the developer donating the 22.17 acre site to the City of Eagle for a park/nature area
the applicant should work with the City to reach an agreement for the donation of the site.
E. FLOOD CONTROL ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code, Section 10-1-1: Findings of Fact and Purpose:
B. Purpose: It is the purpose of this title to promote the public health, safety and general
welfare, and to minimize public and private losses due to flood conditions in specific
areas by provisions designed:
1. To protect human life and health;
2. To minimize expenditure of public money for costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
5. To minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in areas of special
flood hazard;
6. To help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future flood blight
areas;
7. To ensure that potential buyers are notified that property is in an area of special
flood hazard, warn that city review and approval is not going to prevent flooding
and that flooding may occur, and advise of information available to the city
regarding flood hazards, studies and available options;
8. To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions;
10. To restrict or prohibit uses which are injurious to health, safety or property in
times of flood, which result in environmental damage, or that cause increased
flood heights or velocities;
11. To minimize the impact of development adjacent to waterways on adjacent
properties upstream, downstream and across waterways;
12. To review development plans for property adjacent to waterways to minimize the
obstruction of the conveyance of floodwaters, review drainage/obstructions to
flood carrying capacity, and guide development adjacent to waterways toward the
most appropriate building envelope for its particular site;
13. To carry out the provisions of the comprehensive plan as well as health, safety and
welfare with regard to properties adjacent to waterways;
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14. To review landscaping and access for flood carrying capacity and preservation or
enhancement of riparian vegetation;
15. To allow the river and creeks and their adjacent lands to convey floodwaters to
minimize property damage;
16. To regulate uses in the floodplain for the purpose of preserving, protecting, and
enhancing the abundance and diversity of fish, wildlife and riparian resources;
and
17. To protect,preserve and enhance the waterways and floodplains as a recreation
resource.
• Eagle City Code, Section 10-1-2: Methods of Accomplishing Purpose:
In order to accomplish its purpose, this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety and property due to
water or erosion hazards, or which result in damaging increases in erosion or in flood
heights or velocities;
• Eagle City Code, Section 10-1-5: Rules and Definitions:
AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain subject to one
percent(1%) or greater chance of flooding in any given year. Designation on maps always
includes the letters A or V. Areas of special flood hazard shall include all areas previously
identified within the areas of special flood hazard (ASFH) that have been excluded from
the ASFH by a letter of map revision(LOMR-F).
FLOODWAY: The channel of a river or other watercourse and adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot(1').
NO ADVERSE IMPACT: Floodplain management where the action of one property
owner does not adversely impact public property or other private property, as measured by
increased flood peaks, flood stage, flood velocity, and erosion and sedimentation. No
adverse impact floodplain management is a policy which provides a means to promote the
use of retention/detention or other techniques to mitigate increased runoff from urban
areas.
• Eagle City Code, Section 10-1-8-1: General Building Requirements:
E. Postconstruction Elevation Certificate: Prior to issuance of a certificate of occupancy, a
postconstruction elevation certificate (FEMA form 81-31, February 2006) referencing
land and structures included or removed from the area of special flood hazard is required.
All lots and structures removed from the area of special flood hazard by letter of map
change require certification by a registered professional engineer demonstrating that the
lot or structure is "reasonably safe from flooding", as defined in section 10-1-5 of this
chapter. The elevation certificate must verify the elevation of the lowest floor or lowest
adjacent grade to be one foot(1') above base flood elevation.
• Eagle City Code, Section 10-1-8-4: Subdivisions:
A. All subdivision proposals shall be consistent with the need to minimize flood damage;
B. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage;
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C. All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood damage; and
D. Base flood elevation data shall be provided for subdivision proposals and other
proposed development located within any area of special flood hazard. (Ord. 332, 2-
23-1999)
E. All subdivision plats shall identify and designate the 100-year floodplain boundary
and the floodway boundary including a certification by a registered surveyor that the
boundaries were established consistent with the FIRM map for the city of Eagle. All
subdivision plats shall contain a note or notes that warn prospective buyers of property
that sheet flooding can and will occur and that floods of greater magnitude may
inundate areas outside identified floodway and floodplain boundary lines.
F. All subdivision plats shall contain note(s) that refer to the required twenty five foot
(25') setback from all waterways, called the riparian zone, in which no improvement is
permitted and require that riparian vegetation shall be maintained in its natural state
for the protection and stabilization of the riverbank and that removal of trees or other
vegetation is regulated.
• Eagle City Code, Section 10-1-8-5: Specific Standards:
In all cases of special flood hazard where base flood elevation data has been provided as
set forth in section 10-1-6 of this chapter, the provisions of this chapter shall be required:
D. Floodways: Located within areas of special flood hazard established in section 10-1-6
of this chapter, are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of floodwaters which carry debris, potential
projectile and erosion potential,the following provisions apply: (Ord. 332, 2-23-1999)
1. Encroachments,including fill, new construction, substantial improvements and
other development, are prohibited unless an approved floodplain development
permit is issued demonstrating that encroachments shall not result in any adverse
impacts during the occurrence of the base flood.
2. Encroachments,including fill, new construction, substantial improvements and
other development are prohibited unless certification by a registered professional
hydraulic engineer is provided demonstrating that encroachments shall not result
in any increase in flood levels during the occurrence of the base flood discharge;
and uses within the floodway shall be restricted to those which are required by
public necessity(for example,bridges; water pumps),recreational use(for
example, paths), wildlife habitat improvements (for example, vegetation;nesting
structures;pool/riffle improvements), and gravel extraction;provided that the
use/encroachment meets the approval of the federal emergency management
agency and national flood insurance program and does not jeopardize the city's
participation in the national flood insurance program.
3. Subsection D1 of this section shall comply with all applicable flood hazard
reduction provisions of this section 10-1-8.
5. All buildings shall be set back a minimum of one hundred feet (100') from the
floodway line. Except that when the area of special flood hazard boundary is one
hundred feet (100') or less from the floodway line, the boundary line shall be the
setback line.
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6. No development is permitted within the twenty five foot (25') setback from all
waterways called the riparian zone and riparian vegetation shall be maintained in
its natural state for the protection and stabilization of the riverbank, and removal
of trees or other vegetation is regulated in accordance with this chapter.
7. For all subdivisions along the Boise River, prior written approval from flood
control district 10 is required to protect access to the river for maintenance.
8. Compensating excavation in accordance with an engineered plan for orderly
conveyance of floodwater, or equivalent mitigating measures may be performed in
the floodway when certified by a registered professional engineer. Mitigation
design shall include provisions to prevent relocation or diversion of flow paths
from causing increased jeopardy to any off site property at any level of flooding
from the 1-year flood up to the base flood. Maintenance provisions for excavated
areas prone to fill from sediment and other debris shall follow the requirements of
subsection 9-3-2-5C of this code for private streets.
9. In the design of public and private parks and open space areas,fixed structures or
equipment that would impede floodwaters shall not be permitted within the
floodway.
E. Riparian Areas: Located within areas of special flood hazard, established in section
10-1-6 of this chapter, are areas designated as riparian areas. Since riparian areas
provide critical flood management and fish and wildlife habitat, the following
provisions apply:
1. Preservation or restoration of the inherent natural characteristics of the river and
creeks within the floodplain;
2. Preservation of riparian vegetation and wildlife habitat, if any, along the stream
bank and within the required minimum twenty five foot (25') setback or riparian
zone;
3. No development or other than development by the city of Eagle or required for
emergency access shall occur within the twenty five foot(25')riparian zone with
the exception of approved stream stabilization work. The Eagle city council may
approve access to property where no other primary access is available. Private
pathways and staircases shall not lead into or through the riparian zone unless
deemed necessary by the Eagle city council.
4. Plan and time frame shall be provided for restoration of riparian vegetation
damaged as a result of the work done;
5. New or replacement planting and vegetation shall include plantings that are low
growing and have dense root systems for the purpose of stabilizing stream banks
and repairing damage previously done to riparian vegetation. Examples of such
plantings include: red osier dogwood, common chokecherry, serviceberry,
elderberry, river birch, skunk bush sumac, beb's willow, drummond's willow, little
wild rose, gooseberry, and honeysuckle.
F. DISCUSSION:
• The Eagle Comprehensive Plan Land Use Map designates the property as Mixed Use,
Floodway and Scenic Corridor. The applicant has submitted a development agreement
modification and preliminary plat application for Renovare Subdivision, which consists of
40.20-acres. The applicant is proposing a 67-lot (55 buildable, 11 common, and 1 park/nature
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site) single-family residential gated community to be served internally by private streets. The
proposed density is 2.20 dwelling units per acre (not inclusive of the proposed park/nature
area to be donated to the city pursuant to the executed development agreement,Instrument No.
108055908, Ada County records). The applicant is proposing the residential lots ranging in
size from 5,171-square feet to 18,541-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 property was zoned MU-DA (Mixed Use with a development agreement)
because the previous applicant received approval for a residential/commercial development to
be constructed on the property and utilized the MU-DA (Mixed Use with a development
agreement) in lieu of a planned unit development. The applicant is proposing 12.21-acres of
common area, which is 30.3% of the development (not inclusive of the proposed park/nature
area to be donated to the city pursuant to the executed development agreement, Instrument No.
108055908,Ada County records).
• The owner of the subject property sold a portion of the property to the applicant thus creating a
division of the parcel that is not in conformance with Eagle City Code. As shown by the
preliminary plat, date stamped by the City on June 17, 2013,the applicant is proposing to only
subdivide the portion of the parcel of which they have ownership plus the proposed
park/nature area, located to the south of the residential area, which the original owner still
retains ownership. The preliminary plat shows the remnant parcel (labeled NOT A PART)
located north of the proposed subdivision, south of an existing right-of-way and approximately
200-feet east of South Edgewood Lane. Upon recordation of the proposed subdivision a parcel
will be created without being divided through a legal process pursuant to Eagle City Code.
The applicant should submit a Lot Line Adjustment application to eliminate the unplatted
portion of the property or submit a revised preliminary plat showing the property to be platted
in its entirety. The Lot Line Adjustment application or preliminary plat should be submitted
prior to submittal of a final plat application.
• The preliminary plat, date stamped by the City on June 17, 2013, notes and shows the
subdivision will be served internally by private roads. The preliminary plat shows two (2)
separate private street sections. One (1) of the street sections shows the street area to contain
two (2) 10-foot wide thru lanes, 8-foot park lane, and a 6-foot attached asphalt walk path that
will be identified on the pavement by a painted line. The second street section shows the street
area to contain two (2) 11-foot wide thru lanes and a 6-foot wide attached asphalt walk path
that will be identified on the pavement by a painted line. Pursuant to Eagle City Code Section
9-3-2-5, private streets may provide access to no more than 10-percent(10%) of the lots within
a planned unit development provided the Council determines that the private streets are in
compliance with specific standards. Those standards include safe and effective movement of
both vehicular and pedestrian traffic, sidewalks, and parking, private streets do not adversely
affect access to adjacent property and to the area travel networks, private streets do not land
lock adjacent property, the private streets do not connect one public street to another, and the
alignment of the private streets does not interfere with the continuity of public streets. Also,
pursuant to Eagle City Code Section 9-3-2-5 (B)(2), all private streets shall contain paved
travel lanes a minimum of 12-feet in width. Eagle City Code Section 9-3-2-5 (B)(3) requires
that sidewalks shall be required in accordance with subsection 9-4-1-6 (F), which requires that
separated sidewalks be constructed on both sides of the street. The applicant should provide a
revised preliminary plat showing the entire development to be served by public streets prior to
submittal of a final plat application.
• Plat note#5 on the preliminary plat, date stamped by the City on June 17, 2013, indicates that,
"Development of this property shall be in conformance with the City of Eagle Zoning
Ordinance or as per the applicable approved development agreement". The applicant should
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provide a revised preliminary plat with plat. note #5 revised to read, "Development of this
property shall be in conformance with the City of Eagle Zoning Ordinance or as per the
applicable approved development agreement associated with the RZ-24-06." The revised
preliminary plat should be provided prior to submittal of a final plat application.
• Plat note#6 on the preliminary plat, date stamped by the City on June 17, 2013, indicates that,
"All residential lots (except lots 47, 48) shall have a 12' (7.5' for lots 47, 48) public utility,
pressure irrigation and drainage easement adjacent to all front lot lines and a 5' public utility
and drainage easement adjacent to all side lot lines. No easement is proposed on rear lot lines."
A majority of residential lots are located adjacent to ponds that may not be conducive to the
location of public utilities or pressurized irrigation lines. The applicant should provide a
revised preliminary plat with plat note#6 revised to read, "All residential lots (except lots 47,
48) shall have a 12' (7.5' for lots 47, 48) public utility, pressure irrigation and drainage
easement adjacent to all front lot lines, a 12' easement adjacent to all rear lot lines, and a 5'
public utility and drainage easement adjacent to all side lot lines."The revised preliminary plat
should be provided prior to submittal of a final plat application.
• Plat note#7 on the preliminary plat date stamped by the City on June 17, 2013, indicates that,
"Proposed building setbacks lines shall be in accordance with the City of Eagle Zoning
Ordinance in effect at the time of building permit, or as otherwise approved in the
development agreement(s)". The development agreement contains a condition of development
that addresses the setbacks within the proposed development. The applicant should provide a
revised preliminary plat with plat note#7 revised to read, "Building setbacks lines shall be in
accordance with Eagle City Code in effect at the time of building permit, or as otherwise
approved in the development agreement associated with RZ-24-06 at the time of issuance of a
building permit." The revised preliminary plat should be provided prior to submittal of a final
plat application.
• Plat note#8 on the preliminary plat, date stamped by the City on June 17, 2013, indicates that,
"This development is within the 100 year floodplain and shall comply with the approved
floodplain development application FPDP-01-07 and associated conditions." The applicant
should provide a revised preliminary plat with plat note #8 revised to read, "The subdivision
contains lands that are located within an Area of Special Flood Hazard (ASFH) as identified
on the Flood Insurance Rate Map (FIRM) panel #16001C0162H, effective date February 19,
2003, and are subject to the regulations of Eagle City Code Title 10, Flood Control. Sheet
flooding can and will occur and floods of greater magnitude may inundate areas outside
identified floodplain and floodway boundary lines." The revised preliminary plat should be
provided prior to the submittal of a final plat application.
• Plat note#9 on the preliminary plat, date stamped by the City on June 17, 2013, indicates that,
"A blanket easement shall be provided across all common lots and private road lots for the
purposes of pressure irrigation and drainage. Plat note #9 on the preliminary plat, does not
indicate that the blanket easements may be utilized for public utilities. The applicant should
provide a revised preliminary plat with plat note #9 revised to read, "All common lots shall
have a blanket public utilities, pressure irrigation, and drainage easement." The revised
preliminary plat should be provided prior to submittal of a final plat application.
• East Riverside Drive and South Edgewood Lane are both considered to be residential
collectors. The preliminary plat, date stamped by the City on June 17, 2013, does not show
that any of the proposed residential lots has direct access to either of the aforementioned
streets. Typically access to residential lots from a collector is prohibited. The applicant should
provide a revised preliminary plat with a plat note indicating that direct residential lot access to
East Riverside Drive and South Edgewood Lane is prohibited unless specifically approved by
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the Ada County Highway District and the City of Eagle. The revised preliminary plat should
be provided prior to submittal of a final plat application.
• The preliminary plat, date stamped by the City on June 17, 2013, shows a drainage,
pressurized irrigation and pathway easement 10-feet in width inclusive of a 6-foot wide
pathway located at the western property line of Lot 6. The preliminary plat also shows a
continuation of the 6-foot wide pathway to be located within an 8-foot wide pathway
easement, in favor of the Renovare HO, located on Lot 35. Lot 35 contains language that
indicates, RCI Property, Charlie Wood. The lot is also not identified on the preliminary plat as
a common lot. Pursuant to Eagle City Code Section 9-4-1-6 (D)(1), micropathways within
subdivisions which are designed for primary use by the residences are to be a minimum of 8-
feet in width and located within a 16-foot wide pedestrian access easement. The applicant's
representative provided correspondence, date stamped by the City on July 18, 2013, which
indicated that the applicant is in final negotiations regarding the purchase of Lot 35 and once
the agreement is executed Lot 35 will become a common lot within Renovare Subdivision and
be owned by the Renovare HOA. The applicant should provide a revised preliminary plat that
identifies Lot 35 as a common lot, shows an 8-foot wide pathway and removes the pathway
easement associated with the pathway. The revised preliminary plat should also show an 8-foot
wide pathway located within a 16-foot wide easement on Lot 6. The revised preliminary plat
should be provided prior to submittal of a final plat application.
• The preliminary plat,date stamped by the City on June 17, 2013, shows Lot 63 (located within
an area delineated as Phase 3) as a common lot with a community pool. The applicant's
representative also provided correspondence, date stamped by the City on July 23, 2013,
which indicated that the applicant be provided with language to be located within the
development agreement modification to allow for the Phase 3 area to be redesigned for either a
commercial or multi-family use. Since the applicant is not proposing to construct the
community pool until Phase 3 it is unknown as to whether or not this lot will remain a
common lot or if a community pool will be constructed. The applicant should provide a
revised preliminary plat showing Lot 63 as a buildable lot and Lots 6 and 7 combined into one
lot to create a common lot with the pathway located adjacent to the western property line. The
revised preliminary plat should be provided prior to submittal of a final plat application.
• The preliminary plat, date stamped by the City on June 17, 2013, indicates that Lot 34 (15.30-
acres) located at the southern boundary of the development is proposed to be dedicated to the
city for a natural park. Condition of Development 3.30 of the executed development
agreement (Instrument #108055908, Ada County records) requires that prior to the developer
donating the 22.17-acre site (as previously approved) to the City of Eagle for a park/nature
area the applicant should work with the City to reach an agreement for the donation of the site.
The City Parks and Recreation Director indicated within email correspondence (with attached
map), dated July 29, 2013, that if the park/nature area is donated to the city a parking lot that
will accommodate between 10-20 vehicles will need to be developed for public access to the
park site.
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.
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PUBLIC HEARING OF THE COMMISSION:
A. The applications came before Planning and Zoning Commission for their consideration on August 5,
2013. The Commission continued the item to August 19, 2013, at which time testimony was taken and
the public hearing was closed. The Commission continued the item to September 16, 2013, and
directed staff to work with the applicant to address the applicant's disputed development agreement
conditions of development and preliminary plat site conditions of approval. The Commission took
testimony on September 16, 2013, to allow the applicant and staff to address the disputed development
agreement conditions of development and preliminary plat site specific conditions of approval. 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 two
(2) individuals (other than the applicant/representative) who indicated the proposal is unique and the
contemporary styles proposed by the applicant will be embraced by the market. One (1) of the
individuals indicated the developer should be provided with flexibility to allow creativity. The
individuals also had some concerns with who will maintain the open space (located on the southern
portion of the site)if it is developed into a public park.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by two (2) individuals who indicated their concerns regarding a future parking lot to be located on the
southern portion of the site. People currently utilizing the greenbelt are causing parking issues in the
area which affects the adjacent development. The individuals indicated that if a park is constructed on
the southern portion of the development the increased use in the area will impact the surrounding
property owners due to trespassing, littering and unleashed dogs.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• The applicant and staff need to work together to address the setbacks, proposed public
park,parking lot associated with a park.
• The applicant needs to address the landlocked parcel currently located within the existing
right-of-way at the northern portion of the site.
• The concern with the proposed development being a gated community with private roads.
COMMISSION DECISION REGARDING THE REZONE MODIFICATION:
The Commission voted 4 to 0 (vacant seat) to recommend approval RZ-24-06 MOD4 for a
modification to the Conditions of Development and associated exhibits for Renovare Subdivision,
with the following staff recommend modified Conditions of Development to be included within an
Amended and Restated Development Agreement with strike through text to be deleted by the
Commission and underline text to be added by the Commission:
3.4 The Setbacks shall be as follows:
Lots 2-21,23-30,37-40,42-43,49-50,53,56-59,60-65
Front 20 feet to front loaded garage(5 foot reduction for side
entry garage)
Rear 4-5 3 feet
(All lots located adjacent to or in proximity to the
floodway line(as identified on the adopted Flood
Insurance Rate Map at the time of issuance of a building
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permit) shall have a 50-foot setback from the floodway
line.
Interior Side 5 feet
Street Side 10 feet
Maximum Coverage 60%
Lots 31-32,44-45,54-55
Front 20 30 feet to front loaded garage(5 foot reduction for
side entry garage)
Rear 4-5 3 feet.
Interior Side 5 feet
Maximum Coverage 60%
Lots 47,48
Front 16 feet(5 foot reduction for side entry garage)
Rear 4-5 3 feet,
Interior Side 5 feet
Street Side 10 feet
Maximum Coverage 60%
Lot 51
Front 20 feet to front loaded garage(5 foot reduction for side
entry garage)
Rear -1-5 3 feet.
Interior Side 5 feet
Street Side 5 feet
Maximum Coverage 60%
All single family residential structures shall require Architectural Control Committee(ACC)
approval prior to the issuance of any building permits to assure that the homes are designed
to be compatible and consistent with the"Contemporary"theme of the development.
3.7 The conditions,covenants and restrictions for the Property shall contain at least the
following:
(a) An allocation of responsibility for maintenance of all community and privately owned
landscaping, pressurized irrigation facilities,parking lots, and amenities.
(b) A requirement insuring compliance with the Design Guidelines approved with this
Agreement.
(c) A requirement for all front and rear yard fencing within the development to be open-
style such as wrought iron,extruded aluminum(looks identical to wrought iron), or
three-rail-type wooden decorative fencing. Vinyl fencing is allowed only on interior
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lot lines within the depths of the building foot print for privacy. All other fencing(ie.
3.7.1 The applicant shall place a note on the final plat that all common areas are to be
owned and maintained by the Owners Association(s) for the development. The applicant
shall provide a copy of the CC&Rs (which include a similar statement regarding the
common areas) for review and approval by the City attorney prior to the approval of the
first final plat. The CC&Rs shall provide that the association(s) shall have the duty to
maintain and operate all of the common landscape areas in the subdivision in a competent
and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees, in accordance with Eagle City Code, in perpetuity.
3.8 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning
and platting while still maintaining the general intent of the Conceptual Plan with the
requirements set forth in this Development Agreement. Specific design elements shall be
clarified during the platting and design review application processes. However, the
design for the site. The overall open space for the site shall remain a minimum of 40%
(inclusive of the area which is to be donated to the City). For the purpose of this
Agreement, open space shall be defined as all areas other than buildings, parking lots,
roadways, and individual, fee-simple residential building envelopes.
3.14 The single-family dwellings shall be constructed utilizing "Craftsman/Americana" style
architecture. Commercial/retail buildings, multi-family residential condominiums(Exhibit
"E"), and pool house shall be required to meet the design review requirements as set forth in
Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review
Board and Eagle City Council approval of the detailed architectural plans for the
development is required prior to the issuance of building permits for commercial/retail
buildings, multi-family residential condominiums,pool house, pumphouse for irrigation,
and gazebos.
To assure compliance with this condition,the applicant shall create an architectural control
committee(ACC) as a component of the development's CCR&S. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&R's, and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will
not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to
deny, at its discretion, any building permit application that does not meet the design
requirements as may be stipulated by the Eagle Design Review Board and Eagle City
Council.
. . . . . ... . .. - . : . . . .• . . ' ..
. . . .. - - - . . ' . - - • -. • • . . . ..
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3.19 Applicant shall provide pedestrian and bicycle public access as shown on the Concept Plan
from Riverside Drive to the paved greenbelt pathway located adjacent to the east-and west
boundaries as shown on the preliminary plat date stamped by the City on January 10, 2007.
The public access to the pathway shall be reviewed and approved by the Eagle Parks and
Pathway Development Committee and the Design Review Board prior to submitting final
plat application.
3.27 Streets shall be constructed using the street section widths as shown on Exhibit"C"or as
otherwise approved by Ada County Highway District.
3.30 Prior to the developer donating the 22.17 acre site to the City of Eagle for a park/nature area
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 0 (vacant seat) to recommend approval of Renovare Subdivision (PP-
03-12) for Renovare Development, LLC, with the following staff recommended site specific and
standard conditions of approval with strike through text to be deleted by the Commission and
underline text to be added by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-24-06
MOD4.
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. (ECC 9-2-3 [C][3][1])
4. Provide documentation from the Army Corps of Engineers regarding the requirement of a 404-
Permit prior to submittal of a final plat application. Should a 404-Permit be required a copy of the
final approval from the Army Corps of Engineers shall be required prior to submittal of a final plat
application. (ECC 10-1-9[A][2][c])
5. The applicant shall submit a Lot Line Adjustment application to eliminate the unplatted portion of
the property or submit a revised preliminary plat showing the property to be platted in its entirety.
The Lot Line Adjustment application or preliminary plat shall be submitted prior to submittal of a
final plat application.
6. The applicant shall provide a revised preliminary plat showing the entire development to be served
by public streets and designed to ACHD standards prior to submittal of a final plat application.
(ECC 9-3-2-5 and ECC 9-4-1)
7. Provide a revised preliminary plat with plat note#5 revised to read, "Development of this property
shall be in conformance with the City of Eagle Zoning Ordinance or as per the applicable
approved development agreement associated with the RZ-24-06." The revised preliminary plat
shall be provided prior to submittal of a final plat application.
8. Provide a revised preliminary plat with plat note #6 revised to read, "All residential lots (except
lots 47, 48) shall have a 12' (7.5' for lots 47, 48) public utility, pressure irrigation and drainage
easement adjacent to all front lot lines, a -1-23' easement adjacent to all rear lot lines and an
additional 9' of easement to be located on the adjacent lots for a total easement width of 12', and a
5' public utility and drainage easement adjacent to all side lot lines." The revised preliminary plat
shall be provided 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, "Building setbacks lines shall
be in accordance with Eagle City Code in effect at the time of building permit, or as otherwise
approved in the development agreement associated with RZ-24-06 at the time of issuance of a
building permit." The revised preliminary plat shall be provided prior to submittal of a final plat
application.
10. Provide a revised preliminary plat with plat note #8 revised to read, "The subdivision contains
lands that are located within an Area of Special Flood Hazard (ASFH) as identified on the Flood
Insurance Rate Map (FIRM) panel #16001C0162H, effective date February 19, 2003, and are
subject to the regulations of Eagle City Code Title 10, Flood Control. Sheet flooding can and will
occur and floods of greater magnitude may inundate areas outside identified floodplain and
floodway boundary lines." The revised preliminary plat shall be provided prior to the submittal of
a final plat application.
11. Provide a revised preliminary plat with plat note#9 revised to read, "All common lots shall have a
blanket public utilities, pressure irrigation, and drainage easement." The revised preliminary plat
shall be provided prior to submittal of a final plat application.
12. Provide a revised preliminary plat with a plat note indicating that direct residential lot access to
East Riverside Drive and South Edgewood Lane is prohibited unless specifically approved by the
Ada County Highway District and the City of Eagle. The revised preliminary plat shall be
provided prior to submittal of a final plat application.
13. Provide a revised preliminary plat that identifies Lot 35 as a common lot, shows an 8-foot wide
pathway and removes the pathway easement associated with the pathway. The revised preliminary
plat shall also show an 8-foot wide pathway located within a .. - . . .
en-Let-6 common lot a minimum of 16-feet in width to be located between Lots 4 and 5. The
revised preliminary plat shall be provided prior to submittal of a final plat application.
15. Provide a revised preliminary plat showing the sidewalk to be separated from South Edgewood
Lane by an 8-foot wide landscape strip. The revised preliminary plat shall be provided prior to
submittal of a final plat application.
16. All internal pathways shall be a minimum of eight feet(8')in width. (ECC 9-4-1-6 [D][1])
17. 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.
18. 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
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construction on the site.
19. The Renovare Subdivision shall remain under the control of one Homeowners Association.
20. 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 in a
competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees in perpetuity.
21. All exterior boundary fencing and other fencing(except privacy fencing between lots) shall require
approval of the Design Review Board.
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.
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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.
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.).
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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.
26. Basements in homes in the flood plain are prohibited.
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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.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on site at 6:00 PM, Thursday, April 18, 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 June 17, 2013.
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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 July 15, 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 July 15, 2013. Requests for agencies' reviews were
transmitted on October 23, 2012, in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with the Eagle City Code on July 25, 2013.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone modification
(RZ-24-06 MOD4) 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 Commission reviewed The requested zoning designation of MU-DA (Mixed Use with
development agreement) zone is consistent with the Mixed Use designation as shown on the
Comprehensive Plan Land Use Map;
b) The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicated 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 Development Agreement) zone is compatible with the
MU-DA (Mixed Use with a Development Agreement) zone and land uses to the north, east, and
west since those areas have the same Comprehensive Plan designation as this site, and are
expected to be or are being developed in a similar manner has this development.
d) The proposed MU-DA (Mixed Use with Development Agreement) zone is compatible with the R-
2 (Residential-up to two units per acre) zone and land use to the south since this area is developed
as a residential subdivision and is buffered from the proposed development by the Boise River;
e) The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan. The site lies within the Boise River Floodplain area. The
development of the site will be required to meet the requirements of ECC, Title 10, Flood Control
or the applicant will be required to submit a LOMR (Letter of Map Revision) removing the site
from the floodplain pursuant to the regulations of FEMA (Federal Emergency Management
Administration) and Ada County; and
f) No non-conforming uses are expected to be created with this rezone.
4. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-03-12) 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 Mixed Use 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 a development agreement, standards of Eagle City
Code and the Eagle Architecture and Site Design book(EASD); and
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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
Eagle Fire District 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.
DATED this 7th day of October 2013
PLANNING AND WIG COMMISSIO►
OFT ITY OF D?(9t E
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David Aizpitarte, ai an '0} ..•
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Sharon K. Bergmann,Eagle City Cleo I.* S$ �'� _
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