Findings - CC - 2013 - CU-04-13/PPUD-04-13/PP-06-13 - Foxglove Estates Subd/44 Lot/16.3 Acre/ BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT, )
PRELIMINARY DEVELOPMENT PLAN, )
AND PRELIMINARY PLAT FOR )
FOXGLOVE SUBDIVISION FOR )
LINDER 17 INVESTMENT,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-04-13/PPUD-04-13/PP-06-13
The above-entitled Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat
applications came before the Eagle City Council for their action on November 12, 2013, at which time
public testimony was taken and the public hearing was closed. The Eagle City Council, having heard and
taken oral and written testimony, and having duly considered the matter, makes the following Findings of
Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Linder 17 Investment, LLC, represented by John Rennison with Rennison Engineering, is
requesting a conditional use, preliminary development plan, and preliminary plat
approvals for Foxglove Estates Subdivision, a 44-lot (38-buildable and 6-common)
planned unit development. The 16.3-acre site is generally located at the northwest corner
of North Linder Road and West Saguaro Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, May 14, 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 13, 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 August 23, 2013. Requests for agencies' reviews were transmitted on June 26,
2013 in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on September 5, 2013.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on October 28, 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 October 24,
2013. The site was posted in accordance with the Eagle City Code on October 31, 2013.
D. HISTORY OF PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved an annexation, rezone with development
agreement, conditional use permit, preliminary development plan, and preliminary plat(A-
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09-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06)for the Legacy Planned Community.
On August 28, 2007, the City Council approved the final development plan and final plat
FPUD-01-07/FP-01-07/FP-02-07, for Mosca Seca Subdivision Phases No. 1 &No. 2.
On September 18, 2007, the City Council approved a modification to the Conditions of
Development and associated exhibits (RZ-13-05 MOD) to the development agreement to
provide a time schedule for the build-out of the Academy Core area located within Mosca
Seca Subdivision(located within the Legacy Planned Unit Development).
On February 19, 2008, the City Council approved a modification to the Conditions of
Development and associated exhibits (RZ-13-05 MOD 2) within the development
agreement to address the percentage of allowable second story square footage in
relationship to the first floor for homes located on lots less than 8,000-square feet in size,
the provisions of private roads, construction flooring material for attached single-family
dwellings, and the Memorandum of Agreement regarding the on-site municipal water
system.
On March 11, 2008, the Mosca Subdivision No. 1 final plat was recorded at the Ada
County Recorder's office.
On August 25, 2008, the Mosca Seca Subdivision No. 2 final plat was recorded at the Ada
County Recorder's office.
On October 13, 2009, the City Council approved an extension of time (EXT-12-09) for
the preliminary plat for Mosca Seca Subdivision (PP-01-06) to be valid until August 25,
2010.
On November 9, 2010,the City Council approved an extension of time(EXT-07-10)for
the preliminary plat for Mosca Seca Subdivision (PP-01-06)to be valid until August 25,
2011.
On September 13, 2011,the City Council approved an extension of time(EXT-06-11)for
the preliminary plat for Mosca Seca Subdivision (PP-01-06)to be valid until August 25,
2012.
On June 26, 2012, the City Council approved a modification to the Conditions of
Development and associated exhibits (RZ-13-05 MOD 3) within the development
agreement to address the allowed density, modify the open space by removing the
requirement to construct the sports academies, and address the condition of development
regarding a school site.
On August 14, 2012, the City Council approved the final development plan and final plat
FPUD-01-12/FP-01-12,for Snoqualmie Falls Subdivision No. 1.
On September 25, 2012, the Snoqualmie Falls Subdivision No. 1 final plat was recorded
at the Ada County Recorder's office.
On January 8, 2013, the City Council approved the final development plan and final plat
FPUD-02-12/FP-04-12, for Snoqualmie Falls Subdivision No. 2.
On March 21, 2013, the Snoqualmie Falls Subdivision No. 2 final plat was recorded at the
Ada County Recorder's office.
On June 11, 2013, the City Council approved the final development plan and final plat
FPUD-02-13/FP-06-13, for Snoqualmie Falls Subdivision No. 3.
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E. COMPANION APPLICATIONS: None.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two(up R-2-DA-P(Residential Farm Ground
to two units/acre) maximum two units/acre with a
development agreement and a
planned unit development)
Proposed No Change No Change Single Family Sub
North of site Residential Two(up R-2-DA-P(Residential Legacy PUD
to two units/acre) maximum two units/acre with a
development agreement and a
planned unit development)
South of site Residential Two(up R-2-DA-P(Residential Charter School
to two units/acre) maximum two units/acre with a
development agreement and a
planned unit development)
East of site Residential Three(up R-2-DA-P(Residential Senora Creek Sub
to three units/acre) maximum two units/acre with a
development agreement and a
planned unit development)
West of site Residential Two(up R-2-DA-P(Residential The Preserve PP
to two units/acre) maximum two units/acre with a
development agreement and a
planned unit development)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site— 16.31-acres
Total Number of Lots—44
Residential—38
Commercial—0
Industrial—0
Common—6
Total Number of Units -
Single-family—38
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 2.32 Up to 2.32-dwelling units per acre
maximum*
Minimum Lot Size 8,000 square-feet 8,000-square feet
Minimum Lot Width 80-feet 75-feet
Minimum Street Frontage 30-feet 30-feet(lots less than 17,000-square feet in
size)
Total Acreage of Common 3.80 3.26 (minimum)
Area Open Space
Percent of Site as Common 23.3% 20% (minimum)
Area Open Space Except that, according to ECC Section 9-3-8
(C)the City may require additional public
and/or private park or open space facilities
in PUDs or in subdivisions with 50 or more
lots.
*Development Agreement Modification (Instrument number 113024773) allows for a maximum of 38-lots
to be developed on this parcel which results in 2.32 dwelling units per acre.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on June 13, 2013, shows a 50-foot wide
common lot located adjacent to North Linder Road. North Linder Road is designated as a
principal arterial roadway. Pursuant to the executed development agreement (Instrument
No. 106161990) a 50-foot wide landscape strip is required adjacent to Linder Road, a
minimum eight foot high berm/wall combination with extensive landscaping per ECC 8-
2A-7 to provide a buffer.
Open Space:
A total of 3.8-acres (23.3%) of common area is proposed within the planned unit
development. The common area is a combination of large common lots, linear pathways,
road buffer areas, and street landscape islands. A minimum of 20% open space is required
within the Legacy planned unit development.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
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Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes or no)—No
Preservation of Existing Natural Features:
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 13, 2013, contains a typical street
section showing the streets within the development will be a 36-foot wide roadway section
(within 50-feet of right-of-way), with seven-feet (7') of the eight-foot (8') wide planter
strip located within the right-of-way. Each lane will be 18-feet wide (measured to back of
curb).
Applicant's Justification for Private Streets (if proposed): None proposed.
Blocks Less Than 500': None Proposed.
Cul-de-sac Design:
Four(4)cul-de-sacs are proposed for this site:
• North Cosmos Place: 270-feet in length, 59.5-foot radius inclusive of planter strip.
Travel lane is 40-feet in width from face-of-curb to face-of-curb.
• North Chicory Place: 255-feet in length, 59.5-foot radius inclusive of planter strip.
Travel lane is 40-feet in width from face-of-curb to face-of-curb.
• West Rose Angel Court: 220-feet in length, 59.5-foot radius inclusive of planter
strip. Travel lane is 40-feet in width from face-of-curb to face-of-curb.
• West Lemon Mint Court: 220-feet in length, 59.5-foot radius inclusive of planter
strip. Travel lane is 40-feet in width from back-of-curb to back-of-curb
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips
located outside of the proposed right-of-way on both sides of all interior public roadways.
A detached ten-foot (10') wide concrete bicycle/pedestrian pathway is proposed abutting
the site along North Linder Road.
A detached six-foot (6') wide gravel pathway is proposed along the existing Drain Ditch
along the north property line.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
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Street Names:
Street names approved by the Ada County Street Names Committee are shown on the
attached correspondence from that committee.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L. PUBLIC USES PROPOSED: None Proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—no
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—none known or observed
Unique Plant Life—none known or observed
Unstable Soils—unknown
Wildlife Habitat—none known or observed
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated August 16, 2013 are of special
concern (attached to the staff report).
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Idaho Department of Lands
Q. LETTERS FROM THE PUBLIC: None received to date.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant has identified that they plan on constructing this project in a single phase
this year. However, if timing inhibits completion of all infrastructure this year, the
applicant proposes to phase the final plat as shown on the preliminary plat(two phases).
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S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke,fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 6—Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as
the following:
Residential Two
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Suitable primarily for single family residential development within areas that are rural in
character. An allowable density of up to 2 units per 1 acre.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2A-7 (J)(4)(c): Landscape and Buffer Area Requirements:
4. Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways, to protect residential communities from
noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a
common lot located between the residential lots within the subdivision and the right of
way line of the adjacent roadway. This buffer is required as part of the common area open
space owned and maintained by a homeowners' association. Any landscaping proposed to
be within the public right of way shall not be included as a part of the buffer area required
below. The height for berming/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway(measured at the centerline) to the top
of the proposed berming/fencing. The required buffer area width, plantings, and fencing
are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of seventy five feet (75') wide buffer area (not including right of way)
shall be provided with the following plants per one hundred (100) linear feet of right-
of-way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental
trees, and twenty four (24) shrubs. Each required shade tree may be substituted with
two (2) flowering/ornamental trees, provided that not more than fifty percent(50%) of
the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet (3') horizontal distance on one foot (1') vertical distance.
If a decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall is to be provided, in combination with the berm, a four foot (4') wide
flat area shall be provided for the placement of the decorative wall. Chainlink, cedar,
and similar high maintenance and/or unsightly fencing shall not be permitted.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• 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 drainage way easements shall be provided in conjunction with the utility
easement along the 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
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planned unit development.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage non-motorized forms of travel,
and to provide safe, convenient and aesthetic alternative travel routes to common
destinations such as schools, parks, shopping centers, etc. The following factors will be
considered in the placement of any pathway: the utility and need for a given pathway,
impacts to existing neighborhoods, compliance with the transportation/pathway network
maps within the comprehensive plan, pathway design as it relates to both crime prevention
and function, and the responsibilities of ownership, maintenance, and liability.
E. Responsibility: The following provisions are intended to provide guidance to those entities
that are responsible for construction, maintenance and/or liability for a pathway.
Installation costs, which may include construction of the paved path, are the responsibility
of the developer.
1. Homeowners'Association:
a. Pathway systems within a proposed subdivision providing access to private
common space and/or other amenities that are used solely by the residents of a
subdivision shall be the responsibility of the homeowners'association.
b. Where the residents of a subdivision will be the primary beneficiaries of a
pathway, and travel from adjoining neighborhoods will be minimal, a
homeowners' association may be required to take responsibility for that path.
• Eagle City Code Section 9-4-1-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required
for the protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision
plats shall show the location of all buffer areas.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
(Original Development Agreement Instrument No. 106161990)
3.11 Applicants shall provide an on-site, tree lined landscape strip along State Highway 16,
Linder Road, Floating Feather Road, and the east/west collector and Palmer Lane, which
landscape strip shall include a ten foot wide bicycle/pedestrian pathway, as generally
depicted on Exhibit I attached hereto and incorporated herein and in Eagle's
Comprehensive Plan. The landscaping, including street trees and pathways, shall be
reviewed and approved as required by the applicable provisions in the Eagle City Code
and as set forth below:
3.11.2 A 50 foot wide landscape strip along Linder Road and Floating Feather Road
shall include a minimum eight foot high berm/wall combination with extensive
landscaping per ECC 8-2A-7 to provide a buffer.
3.4.4.3.4 All regional pathways dedicated to Eagle shall be a minimum of 20 feet wide
and contain paved pathways of at least 10 feet in width, and all micropathways
designed for primary use by the residence of the Property shall be a minimum of
16 feet wide and contain paved pathways of at least 6 feet in width, with all
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paved pathways being constructed to Eagle's pathway standards, as established
by Eagle's Park and Pathways Development Committee and the City Engineer.
(Development Agreement Modification Instrument No. 113024773)
3.4.4 Open Space
3.4.1.1 The maximum overall density of the Original Property shall not exceed
1,373 dwelling units. Those 1,373 dwelling units shall consist of the 241
residential building lots contained within the Platted Portion, a maximum
of 38 dwelling units allocated to the Haynes Parcel, and a maximum of
1,094 dwelling units that may be developed on the Applicant's Property.
3.4.4.1 At least 20% of the Original Property shall be reserved as open space.
The application for any preliminary plat shall contain, in addition to all
requirements of the Eagle City Code, a land use summary that
demonstrates that the number of acres of existing open space, together
with the number of acres of open space in the submitted preliminary plat
application maintains the minimum 20% open space requirement,
pursuant to Eagle City Code.
3.4.4.2 The Open Space shall include the following:
• Ten acres of community park land;
• At least one tot lot for each phase depicted on Exhibit A hereto;
• Regional trails connecting through the Property, from east to west and
north to south;
• Both Active and Passive Open Space. A minimum of 60% of the
Open Space shall be Active Open Space. Active Open Space shall be
defined as areas that provide gathering area for active recreation (e.g.
recreational spaces, open fields, swimming pools,tot lots and trails).
Passive Open Space shall be defined as neighborhood areas that
provide a combination of linear open space and scenic features (e.g.
ponds,berms and view corridors); and
• Up to five acres of school site can be included as Open Space
3.4.4.2.1 All Open Space shall comply with the Eagle City Code in effect at
the time of the preliminary plat application including such area.
3.4.4.2.2 All Open Space with the exception of that included within school
sites shall be maintained by Legacy Community Association, Inc.,
any successor homeowners or neighborhood associations, or any
recreational association established to maintain a particular open
space for recreational use, all as more particularly set forth in the
Community Charter for Legacy, Instrument No. 108048693,
records Ada County, Idaho, and/or the Declaration of
Recreational Covenant, Instrument No. 108048694, and any
modifications thereto.
3.4.4.2.3 A public easement for a greenbelt pathway connecting north to
south and east to west through the Property shall be dedicated to
Eagle. The specific location, easement language, design, and
construction plans of the pathway shall be approved by the Eagle
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City Council prior to the City Engineer signing the final plat for
the Property.
3.4.4.2.4 All regional pathways dedicated to Eagle shall be located within a
minimum 20-foot wide easement and contain paved pathways of
at least 10-feet in width, and all micro-pathways designed for
primary use by the residences of the Property shall be located
within a minimum 16-foot wide easement and contain paved
pathways of at least 6-feet in width, with all paved pathways
being constructed to Eagle's pathway standards.
3.4.4.3 All open space areas are subject to Eagle's design review process
and standards set forth in Eagle City Code Section 8-2A and
Section 9-4-1-6 (D)Pathway Design.
E. DISCUSSION:
• A "revised" preliminary plat was submitted on September 9, 2013. The revised plat is
proposing no sidewalk on the southern side of W. Saguaro Drive (the original preliminary plat
submitted on June 13, 2013 shows sidewalk on both sides of the roadway in conformance with
City Code). Staff is not supportive of the removal of the sidewalk on the south side of W.
Saguaro Drive.
• Preliminary plat Note #6 specifies that the side lot lines will provide an easement area of 5-
feet. Although ECC§ 9.3.6 requires a 12-foot PUID easement on all lots, staff recommends
that the side lot line easement area remain as proposed due to the fact that the development
agreement for Legacy Development identifies a side lot line setback of only 5-feet.
• A minimum of 60% of the Open Space shall be Active Open Space. Active Open Space shall
be defined as areas that provide gathering area for active recreation (e.g. recreational spaces,
open fields, swimming pools, tot lots and trails) The applicant should be required to provide a
revised preliminary plat identifying a minimum of 60% of the Open Space to be Active Open
Space. The revised preliminary plat should be provided prior to submittal of a Design Review
application.
• The proposed Foxglove Estates Subdivision is located within the Legacy development (RZ-
13-05) expansion area which was approved by the City Council in 2006. The Legacy
development was approved with a development agreement and planned unit development
process. The executed development agreement and subsequent modifications contain a
Concept Plan showing a bubble plan identifying sizing of lots and minimum lot sizes within
specific areas of the development. The development agreement also includes the density,
required setbacks, and various design standards for the development. The Legacy development
Concept Plan identifies the areas where the proposed subdivision is located designated as
Estate and Custom with minimum lots sizes as 12,000+-square feet and 8,000— 12,000-square
feet respectively. The preliminary plat, date stamped by the City on June 13, 2013, shows 38
single-family residential lots ranging in size from 8,597-square feet to 12,320-square feet in
size. The average lot size of the proposed lots is 10,712-square feet. The proposed residential
density for this project is 2.32 -dwelling units per acre. A maximum density of 2.32-dwelling
units per acre is allowed.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific
Condition of Approval contained herein the Site Specific Condition of Approval shall
control.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff to date, staff recommends approval with the site
specific conditions of approval and standard conditions of approval as provided within the staff
report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 16, 2013, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(other than the applicant/representative).
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• The Site Specific Conditions of Approval #2 & #3 should not be struck, but clarification
added so that it is apparent that Commission is allowing a variance to the requirement of
the development agreement. Striking the requirement would give an inaccurate portrayal
that the applicant was meeting the requirements of the development agreement.
• Standard Condition item#14(a)should be struck.
• The requirement for sidewalk on the south side of Saguaro Drive falls under the
jurisdiction of Ada County Highway District,and that decision should be left to them.
• They were in support of the staff recommended conditions of approval to move the
application forward.
COMMISSION DECISION:
The Commission voted 3 to 0 (Villegas abstained) recommend approval of CU-04-13/PPUD-04-
13/PP-06-13 for a conditional use permit, preliminary development plan, and preliminary plat for
Foxglove Estates Subdivision with the site specific conditions of approval and standard conditions
of approval provided within their findings of fact and conclusions of law document dated October
7, 2013.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on November 12, 2013, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (other than the
applicant/representative).
D. Oral testimony neither in favor of, nor opposed to the application was presented to the City Council by
one(1) individual who expressed the following concern:
• There was concern regarding the applicant's proposal to use a portion of the North Star
Charter School open space. The individual requested clarification as to whether the
school property is sold in the future, would the open space be retained for the use of the
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Legacy Development.
COUNCIL DELIBERATION:
Upon closing the public hearing, the Council discussed during deliberation that:
• City Council supports the applicant's proposal to construct an attached five-foot wide
sidewalk on the south side of Saguaro Drive.
COUNCIL DECISION:
The Council voted 3 to 0 (Defayette recused herself due to a potential conflict of interest since she lives
adjacent to the site) to approve Foxglove Estates Subdivision (CU-04-13/PPUD-04-13/PP-06-13) for
Linder Investment 17, LLC, with the following Planning and Zoning Commission recommended site
specific conditions of approval and standard conditions of approval with strike through text to be deleted
by the Council and underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-13-05
and subsequent modifications.
2. The applicant shall provide a revised preliminary plat identifying a minimum of 60% of the Open
Space to be Active Open Space. The revised preliminary plat shall be provided prior to submittal
of a Design Review application. Amenities on adjacent public parcel may be considered in
meeting this requirement.
3. The applicant shall provide a revised preliminary plat identifying a tot lot. The revised preliminary
plat shall be provided prior to the submittal of a design review application. Amenities on adjacent
public parcel may be considered in meeting this requirement.
4. The applicant shall provide a revised preliminary plat showing a six foot (6') wide pedestrian
pathway located within the common lots. The revised preliminary plat shall be provided prior to
the submittal of a design review application.
5. The applicant shall provide a revised preliminary plat showing the two common lots affected by
the phasing lot separated into individual lots. The revised preliminary plat shall be provided prior
to the submittal of a design review application.
6. The applicant shall provide a revised preliminary plat identifying the common lot "blocks" in the
notes.
7. The applicant shall 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 RZ-13-05." The revised
preliminary plat shall be provided prior to submittal of a Design Review application.
8. The applicant shall provide a revised preliminary plat with plat note#7, revised to read, "Proposed
building setback 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 associated
with RZ-13-05."
9. The applicant shall provide a revised preliminary plat providing a plat note that states that
"Vehicular access to lots along North Linder Road and West Saguaro Drive is prohibited unless
specifically allowed by the Ada County Highway District and the City of Eagle." (ECC 9-4-1-2)
10. The applicant shall provide a revised preliminary plat providing a plat note that identifies the
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ACHD Perpetual Master Storm Drain Easement. The revised preliminary plat shall be provided
prior to submittal of a Design Review application.
11. The applicant shall provide an additional street light on the north side of West Saguaro Drive
(midway between North Racing Water Way and North Chicory Place). The revised preliminary
plat shall be provided prior to submittal of a Design Review application.
12. The applicant shall provide an additional street light on the north side of West Saguaro Drive
(midway between North Chicory Place and the bridge crossing for Middleton Canal/Foothills
Ditch). The revised preliminary plat shall be provided prior to submittal of a Design Review
application.
13. The applicant shall provide an updated list of percentages identifying the "types" of homes
approved/constructed to date with the Legacy Planned Community.
14. Comply with all requirements of the City Engineer.
15. Due to the additional right-of-way dedication required by ACHD (an additional 2-feet, to total 50-
feet from the centerline of West Linder Road),the applicant shall submit a revised preliminary plat
showing the revised landscape buffer on Linder Road (50-foot minimum), and revised lot square
footages affected by the additional right-of-way. The revised preliminary plat shall be provided
prior to submittal of a Design Review application
16. The applicant shall provide a revised preliminary plat with a plat note that specifies that, "The
subdivision is subject to the terms of the development agreement associated with RZ-13-05, and
any subsequent modifications. The revised preliminary plat shall be provided prior to submittal of
a final plat application.
17. The applicant shall submit a design review application showing: 1) proposed subdivision signage,
2) planting details within the proposed and required landscape islands and knuckles and all
common areas throughout the subdivision 3) building elevations for all proposed common area
structures and irrigation pump house 4) landscape screening details of the irrigation pump house,
5) useable amenities such as picnic tables, covered shelters, benches, playground equipment,
gazebos, and/or similar amenities, 6) proposed style of fencing. The design review application
shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat
application. (ECC 8-2A-1).
18. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be
placed at the front of each lot generally at each side property line, or as approved by the Design
Review Board. The trees shall be located in an 8-foot wide landscape strip between the 5-foot
wide concrete sidewalk and the curb. Prior to the issuance of any occupancy permits for the
homes, all required trees, sod, and irrigation shall be installed within landscape strips. A temporary
occupancy may be issued if weather does not permit landscaping however, a surety in accordance
with Eagle City Code Section 9-4-2-2 for 150% of the cost of the installation of all landscape and
irrigation improvements shall be provided to the City. (ECC 8-2A-7)
19. The Foxglove Estates Subdivision shall remain under the control of one Homeowners Association.
(ECC 9-3-4 [D][4]).
20. The applicant shall place a note on the final plat that the pressurized irrigation system and all
common lots are to be owned and maintained by the Homeowner's Association. (ECC 9-4-1-9
[C])
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21. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat. (ECC
9-4-1-2)
22. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity.
23. Any stub street which is expected to be extended in the future shall be provided with a sign
generally stating that, "This Street is to be extended in the future." (ECC 9-4-1-2)
24. Comply with the requirements of all drainage and irrigation districts.
25. The applicant shall provide written approval from the owner of Legacy Planned Unit Development
approving the use of .53-acres (23,087-square feet) of the North Star Charter School open space
towards the Active Open Space requirements. The written approval shall be provided prior to
submittal of a final development/final plat application.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat(B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
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Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way,prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials addressing:
a. . .. ' . .'
Depaftment,
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
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c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities,the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable)prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
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natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25. Basements in homes in the flood plain are prohibited.
26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
27. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
28. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
32. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
34. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
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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 in compliance with the application submittal requirement of Eagle
City Code at 6:00 PM, May 14, 2013. The conditional use, preliminary development plan and
preliminary plat applications for this item were received by the City of Eagle on June 13, 2013.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances 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 August 23, 2013. The site was posted in accordance
with the Eagle City Code on September 5, 2013. Requests for agencies' reviews were transmitted on
June 26, 2013, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on October 28,
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 October 24, 2013. The site was posted in accordance with the Eagle City
Code on October 31, 2013.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-04-13/PPUD-04-13/PP-06-13) and based
upon the information provided concludes that the proposed development is in accordance with the
City of Eagle Title 9 (Subdivisions)because:
a. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
Foxglove Estates Subdivision has been proposed for development in conformance with the
Eagle Comprehensive Plan, consistent with the requirements of Eagle City Code, and in
conformance with the executed development agreement associated with the site; and
b. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
Foxglove Estates Subdivision is designed to be harmonious with the Legacy development of
which it is a part and designed to be in conformance with the executed development
agreement associated with the site; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
Foxglove Estates Subdivision is proposed to be developed in a manner harmonious with
existing and future uses in the immediate vicinity; and
d. That the development does not involve uses, activities,processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The development is planned for residential similar to the character of the surrounding area, it
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is not anticipated that any uses or activities will be detrimental to the surrounding properties
upon completion of the site work. Foxglove Estates Subdivision will be served by West
Saguaro Drive which is designated as an east/west connection located within the Legacy
development; and
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
All central services are available to be extended to the site, as noted within the letters provided
by the agencies having jurisdiction over the site. Development of sewer, water, drainage,
streets and other urban services will be provided at the developer's expense; and
f. That the development will not create excessive additional requirements at public cost for
public facilities and services.
All public facilities and services are supplied by the developer and must be approved at the
time of installation and before acceptance by the sewer, City of Eagle Water Department, or
highway district; and
g. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non-PUD proposal.
It was determined that the open field and tot lot on the adjacent parcel (North Star Charter
School) would be sufficient to fulfill the open space requirements of the development
agreement associated with the Legacy development plan; and
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
The development will include a stub street to the adjacent parcel, and connection to two
existing stub streets which will provide intra-neighborhood connectivity upon development of
the adjacent properties. Access to the development will be from West Saguaro Drive. The
design and construction of the roadways and entrances is guided by the Ada County Highway
District; and
That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
No natural, scenic, or historic features of major importance are known to exist on the site; and
j. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development is in accordance with the Comprehensive Plan since the Plan calls
for Residential Two(up to two(2)units per acre); and
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This application requests approval for a conditional use permit, preliminary development plan
as outlined in Eagle City Code and satisfies those requirements as well as will be required to
meet the conditions herein and the executed development agreement associated with the site.
In addition, the developer will be required to submit an application for design review and
comply with all Eagle City Codes and conditions of approval of the design review; and
1. That the benefits, combination of various land uses, and interrelationship with the surrounding
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area for this proposed development justifies any proposed deviation from any standard district
regulations.
Residential is the only use approved for this development.
DATED this 26th day of November, 2013.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
OF
dames D. Reynolds, 4 ay./ �••.•`st OF E '•,,,
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I .AP 114'.
P O Rq'..�'
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�4 ,_ ��mid '• s SEAL, l
Sharon K. Bergmann,Eagle City 1 lerk �'•,, q,:•••`•°.•''+O••`•
�''• OF 1D"'.. %41801molin,,
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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