Findings - PZ - 2013 - PP-13-13 - Tennis Club Subd/7-Lot Commercial Subd/15.77 Acre/Hwy 44/S Edgewood Ln BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A PRELIMINARY PLAT FOR )
TENNIS CLUB PLAZA SUBDIVISION FOR )
PACIFIC WEST COMMUNITIES,INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-13-13
The above-entitled Preliminary Plat application came before the Eagle Planning and Zoning Commission
for their recommendation on December 16, 2013, at which time public testimony was taken and the public
hearing was closed. The Eagle Planning and Zoning 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:
Pacific West Communities, Inc., represented by John Rennison Engineering, is requesting
a preliminary plat approval for Tennis Club Plaza Subdivision, a 7-lot (7 commercial)
subdivision. The 15.77-acre site is generally located on the southeast corner of Highway
44 and S. Edgewood Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, September 30, 2013, on site in
compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on October 31, 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 November 25, 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 November 21, 2013. The site was posted in accordance with the
Eagle City Code on December 5, 2013. Requests for agencies' reviews were transmitted
on November 12, 2013, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT 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).
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
Page 1 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc
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.
On November 12, 2013, the City Council approved a preliminary plat application for
Renovare Subdivision (PP-03-12).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA Bare Ground
Proposed No Change No Change Commercial,Multi-family
North of site Business Park BP(Business Park) State Highway 44
South of site Mixed Use MU-DA (Mixed Use with a Pending Residential
Development Agreement)
East of site Mixed Use MU (Mixed Use) Ancona Business Park
West of site Mixed Use MU-DA(Mixed Use with a Lonesome Dove Subdivision
Development Agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site— 15.77
Total Number of Lots—7
Commercial-7
Page 2 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc
Industrial-0
Common -0
Total Number of Units -0
Total Acreage of Any Out-Parcels—0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre N/A N/A
Minimum Lot Size 13,037—square feet 5,000—square feet
Minimum Lot Width 100-feet 50-feet
Minimum Street Frontage N/A N/A
Total Acreage of Common Area(measured as 4.11-acres 1.58-acres minimum
total landscaping of the entire site)
Percent of Site as Common Area(measured as 26% 10% minimum
total landscaping of the entire site)
F. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 9-3-7(a) requires 20-foot wide landscape strips to screen adjacent
incompatible features such as highways, railroads, commercial or industrial uses from
proposed residential properties.
Open Space:
Because this is a commercial subdivision located within the MU zoning district, a
minimum amount of open space is not required. However, a minimum of 10% of
landscaping will be required throughout the site, pursuant to Eagle City Code Section 8-
2A-7 (B) (2).
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.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System(yes or no)—Not allowed
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
Page 3 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc
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.
G. STREET DESIGN:
Private or Public Streets: Public
The preliminary plat, date stamped by the City on November 8, 2013, contains a typical
collector street section showing the street within the development to be a 46-foot wide
roadway section (within 70-feet of right-of-way), with an eight-foot(8') wide planter strip
located within the right-of-way. Each lane will be 23-feet wide (measured centerline of
roadway to back of curb).
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None Proposed
Cul-de-sac Design: None Proposed
Sidewalks:
• A detached five-foot (5') wide concrete sidewalk is proposed abutting the 8-foot
wide planter strips located on both sides of Riverside Drive, with the exception of:
• An attached seven-foot (7') wide sidewalk is proposed on the south side of
Riverside Drive for approximately 175-feet.
• An attached seven-foot (7') wide sidewalk is proposed on the east side of
Edgewood Lane.
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.
Street Names:
Street name approval by the Ada County Street Naming Committee shall be provided
prior to final plat approval.
H. ON AND OFF-SITE PEDESTRIAN/BICYCLE 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.
I. PUBLIC USES PROPOSED:
J. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
K. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Page 4 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—no
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
L. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
M. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the engineer's letter dated December 10, 2013 are of special
concern (attached to the staff report).
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
Idaho Transportation Department
N. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Chapter 5—Economic Development
5.1 Background
The economic development component of the Comprehensive Plan presents a discussion
of the economics and employment in Eagle. The city encourages appropriate economic
development while retaining those attributes that give Eagle its special living and working
environment.
5.3 Economic Development Goals
B. Ensure the ability for the City to continue to fund, improve and support itself,
including infrastructure, without the use of building permit fees, impact fees and
zoning fees.
C. Identify areas that will provide significant employment opportunities to the residents
of the City of Eagle thereby allowing the City to be a desirable place to live, work, and
recreate.
D. Identify areas that, due to the nature of existing uses, future uses and/or transportation
corridors, will lend themselves to increased business activity and nonresidential use so
as to preserve larger areas as primarily residential neighborhoods.
Page 5 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc
E. Increase available jobs within the City of Eagle to levels comparable with adjacent
communities.
5.5 Economic Development Implementation Strategies
F. Seek new commercial development that will complement Downtown Eagle and
Eagle's rural residential identity to locate adjacent to but outside Downtown Eagle.
G. Encourage commercial growth adjacent to the Downtown Eagle and discourage
isolated commercial development in outlying areas.
H. Promote additional employment opportunities and expand the economic base by:
A. Encouraging growth and expansion of existing businesses and industry, and
B. Attracting additional business and industry so residents will be provided with
adequate commercial services and facilities.
• Chapter 6—Land Use
The Comprehensive Plan Land Use Map (adopted February 3, 2011) designates this site
as Mixed Use:
6.3.9 Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within Downtown Eagle.
Development within this land use designation should be required to proceed through the
PUD and/or Development Agreement process, see specific planning text for a complete
description. An allowable density of up to 10 units per 1 acre.
• Chapter 8—Transportation
8.2.1 Principal Arterial
Mobility Function:
The primary function of a principal arterial is to provide major circulation and movement
through urban areas and to connect with major activity centers and freeways. A principal
arterial may serve motorized and non-motorized transportation needs and may include up
to seven vehicular traffic lanes. On-street parking is prohibited.
Access Function:
Access to other roadways is controlled and subordinate to traffic on the principal arterial
street. Direct lot access is prohibited, or severely restricted. Combined access points are
encouraged. The City's Access Management Plan should be the final determination of
any site access plan.
Right-of-Way:
As shall be determined by the Highway District having jurisdiction with recommendations
by the City and seriously considered by the Highway District.
8.2.4 Collectors
Mobility Function: The primary function of a collector street is to intercept traffic from
local streets and carry the traffic to the nearest arterial street. A secondary function is to
service abutting property. The collector street may serve motorized and non-motorized
transportation needs, and be designed with the minimum street section to accommodate
the projected vehicle volume and in conformance with the current Long Range
Transportation Plan of COMPASS. On-street parking is typically prohibited.
Page 6 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc
Access Function: To provide limited and controlled access to commercial and industrial
areas and to residential neighborhoods. Direct lot access is typically restricted. The City's
Access Management Plan should be the final determination of any site access plan.
Right-of-way: As shall be determined by the Highway District having jurisdiction with
recommendations by the City and seriously considered by the Highway District.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
1. Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Area Minimum Lot
District Height Side Side Lot Covered (Acres Or Sq. Ft.) G Width I*
And H*
M-U 35' 20' 20' 7.5' 20' 50% 5,000 50'
H. All lots with street side frontage, excluding lots within zoning districts A, A-R, R-E
and R-1, shall have a minimum lot area that is 10 percent larger than shown in
this table.
• Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements:
A. Landscape Plan Required: A landscape plan is required for all developments requiring a
design review, including,but not limited to, all subdivisions.
B. Landscape As A Percent Of Site:
2. Landscaping shall cover a minimum of ten percent (10%) of the property on all other
developments. Hardscape plaza areas, such as decorative concrete/paver patios that
are integrated into the design of the landscaped area, may be included in the ten
percent(10%) landscape coverage requirement.
3. All landscape improvements required in this section shall count toward fulfillment of
the above minimum percentages.
J. Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and
vertical elements (plants, berms, fences, or walls). The purpose of such buffer space
is to physically separate and visually screen adjacent land uses which are not fully
compatible due to differing facilities, activities, or different intensities of uses, such as
townhouses and a convenience store, or a high volume roadway and residential
dwellings.
2. Minimum Requirements:
a. When a commercial or industrial use abuts a residential use, a ten foot (10') wide
by six foot(6')landscaped buffer is required.
b. When a parking lot abuts a residential activity, a five foot (5') wide by six foot
(6')high landscaped buffer is required.
L. Landscaped Commercial Strips:
1. Landscaped strips shall be provided between all building development and public
rights of way to lend continually among different architectural styles, screen unsightly
views, establish a pleasing view for motorists, and create a safe and pleasant corridor
Page 7 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc
for pedestrians.
a. The landscaped strip shall be ten feet (10') wide minimum and planted with one
shade tree and ten (10) shrubs for every thirty five feet (35') of street frontage.
Two (2) ornamental or two (2) evergreen trees may be substituted for one shade
tree.
• Eagle City Code Section 8-3-3: Supplemental Yard and Height Regulations:
D. Side and Rear Yards for Nonresidential Uses Abutting Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet
(40') to any lot line of a residential district; except that the minimum yard requirements
may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or
screening approved by the council is provided. Such screening shall be a masonry or solid
fence between four (4) and eight (8') in height, maintained in good condition and free of
all advertising or other signs. Landscaping provided in lieu of such wall or fence shall
consist of a strip of land not less than twenty feet(20') in width planted with an evergreen
hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the
time of planting.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-3-2-2: Street Widths:
A. Street and road right of way widths, grade, alignment, and so forth, shall conform to the
adopted major street plan or comprehensive plan and shall be approved by the highway
district and/or other agency having jurisdiction.
• 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').
• Eagle City Code Section 9-3-7: Planting Strips and Reserve Strips:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed
next to incompatible features such as highways, railroads, commercial or industrial uses to
screen the view from residential properties and to provide noise mitigation for those
residents. Such planting strips/buffer areas shall be a minimum of twenty feet (20') wide
unless a greater width is required within sections 8-2A-7 of this code. The landscape
strip/buffer area shall not be a part of the normal street right of way and shall comply with
all landscape/buffer area requirements within section 8-2A-7 of this code.
• Eagle City Code Section 9-4-1-2: Streets and Alleys:
All public streets and alleys shall be constructed in accordance with the standards and
specifications adopted by the Ada County Highway District or the Idaho transportation
department, whichever the case may be. (Ord. 566, 5-15-2007)
• Eagle City Code Section 9-4-1-3: Curbs and Gutters:
A. Generally:
1. Vertical curbs and gutters shall be constructed on collector and arterial streets.
3. All construction shall be in accordance with the standards and specifications adopted
by the Ada County Highway District.
Page 8 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc
B. Driveways, Curb Cuts: All driveway openings and curbs shall be as specified by the Ada
County Highway District or the Idaho transportation department.
• Eagle City Code Section 9-4-1-5: Streetlights:
All subdividers within the city limits and within the area of city impact shall be required to
install, at the subdividers' expense, streetlights in accordance with city specifications and
standards at locations designated by the "administrator" (as defined by section 9-1-6 of this
title, or his/her representative, hereinafter referred to as "administrator"). After installation and
acceptance by the administrator, the city shall have the right to pay the cost of maintenance
and power and assume ownership of the streetlights.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
D. Pathway Design;
1. 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.
F. Sidewalk Design:
1. Sidewalks, a minimum of five feet (5') wide, shall be required on both sides of the
street.
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 towards the minimum required
common area open space.
• Eagle City Code Section 9-4-1-7: Bicycle Pathways:
A bicycle pathway system shall be provided within all subdivisions as part of the public right
of way, within a common area, or separate easement, as may be specified by the city council.
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required.
• Eagle City Code Section 9-4-1-9: Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
1. All residential dwelling units shall be provided with a pressurized irrigation system to
be served with irrigation water unless a waiver, as outlined herein, is approved by the
city council.
The city has adopted supplemental standards and regulations (titled "Pressure
Irrigation Standards", incorporated herein by reference and available at Eagle city hall)
pertaining to the design, construction and maintenance of pressurized irrigation
systems. Plans and documents reflecting the required standards and regulations shall
be submitted with the application for a preliminary plat.
Page 9 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc
The following design requirements and the requirements provided within the
supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation
system. These standards shall supplement all other regulations, and where at variance
with other laws, regulations, ordinances or resolutions, the more restrictive
requirements shall apply. The council may determine that revisions to the
supplemental standards are warranted and make such revisions by act of a resolution.
a. The pressurized irrigation system may have a backup connection to a potable
water system with the approval of the city, city engineer, and the potable water
purveyor, and the installation of a state approved reduced pressure backflow
prevention assembly or an air gap separating the irrigation system and the potable
water system. The operation, maintenance, associated costs, and annual inspection
of the backup connection and the backup system's reduced pressure backflow
prevention assembly shall be the responsibility of the entities as determined in
"Pressure Irrigation Standards" of this section. Individual backup connections to
individual lots by individual lot owners shall be prohibited with the exception of
the common area lots owned and maintained by the homeowners'association.
b. The pressurized irrigation system shall be designed by a licensed professional
engineer registered in the state of Idaho, and the construction plans for the system
shall be reviewed and approved by the city engineer.
• Eagle City Code Section 9-4-1-10: Storm Drainage; Flood Controls:
Adequate Storm Drainage System: An adequate storm drainage system to accommodate storm
water runoff from the public rights of way shall be required in all subdivisions. The
requirements for each particular subdivision shall be established by the Ada County highway
district and/or the Idaho transportation department, and construction shall follow the
specifications and procedures established by said Ada County highway district or Idaho
transportation department.
Runoff From Impervious Cover: Runoff from areas of concentrated impervious cover (for
example, roofs, driveways, and roads) shall be collected and transported to a natural
drainageway with sufficient capacity to accept the discharge without due erosion.
Storm Drainage Retention Facilities: On site retention or partial on site retention of storm
drainage from new developments is required in any case where, due to development activity,
such drainage would be increased either in peak flow rate or in total quantity from that
previously discharged from the land or property being developed. Complete retention is
required in all cases except those where: 1)runoff flows directly, without crossing intervening
property, into an existing drain ditch or other drainage facility that is operated and maintained
by a drainage receiver, and 2) such drainage receiver agrees, as evidenced by valid and
binding public document, to receive a certain definite quantity of storm drainage from the
development receiver or of any drainage in excess of the quantity accepted by a drainage
receiver is a duty of the current property owner at any time.
Retention or partial retention facilities shall be provided as an essential part of such
development. Design and construction of such retention facilities shall conform to standards,
entitled "Design Standards For Storm Drainage Retention Facilities", adopted by resolution of
the city council, and which standards may, from time to time, be amended by subsequent
resolution of the council. All facilities shall be maintained on an ongoing basis in order to
perform as designed. Should any of the provisions of the supplemental standards conflict with
the standards set forth herein, the higher standard shall apply.
Page 10 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc
• Eagle City Code Section 9-4-1-11: Fire Hydrants and Water Mains:
Adequate fire protection shall be required in accordance with the appropriate fire district
standards.
• Eagle City Code 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:
(Development Agreement Instrument No. 108055908)
3.4 The Setbacks shall be as follows:
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%
3.5 The Mixed Use area of the Property as depicted on the concept plan is to be developed with a
combination of any office and commercial use allowed with Eagle City Code Section 8-2-3
"Official Schedule of District Regulations" under the MU zoning designation (except as
permitted in Section 3.6, below). Retail/office buildings shall not exceed a maximum of a
15,000 square foot footprint are permitted for this area.
3.21 Building placement shall be designed such that parking areas are not concentrated between the
building and Riverside Drive.
3.24 Pathways connecting the residential areas to the commercial areas shall be provided.
3.28 Provide an approved Land Use Change/Site Development Application from Boise River Flood
Control District No. 10 prior to submitting a final plat application.
E. DISCUSSION:
• The Eagle Comprehensive Plan Land Use Map designates the property as "Mixed Use".
Currently, the approximate 15.77-acre parcel is vacant ground. With the development of this
site,the applicant proposes a seven (7) lot commercial subdivision(7 buildable lots).
• The applicant should be required to provide a grading plan for the entire site (inclusive of all
lots) prior to submittal of the final plat to show how the onsite drainage for the subdivision is
being accounted for across all lots.
• Eagle City Code 8-3-3 (D) states that nonresidential buildings or uses shall not be located nor
conducted closer than forty feet (40') to any lot line of a residential district; except that the
minimum yard requirements may be reduced to fifty percent (50%) of the requirement if
acceptable landscaping or screening approved by the council is provided. Staff is concerned
Page 11 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc
that the proposed Lot 3, Block 2 will not have a sufficient buildable lot area once the offset
and setbacks are met.
• Eagle City Code 9-4-1-6 (D) requires a ten foot(10') wide paved pedestrian pathway adjacent
to all major roadways. A pathway is not identified adjacent to State Highway 44. The
applicant should be required to construct a 10-foot wide paved pedestrian pathway adjacent to
State Highway 44 abutting the site in a minimum 20-foot wide easement.
• Eagle City Code 9-4-1-6(F)(3) requires that sidewalks be separated from the edge of the
abutting roadway and/or back of curb by a minimum eight foot(8') wide landscape strip. The
applicant is proposing an attached seven foot (7') wide sidewalk along the east side of
Edgewood Lane abutting the site. The applicant is also proposing an attached seven foot (7')
wide sidewalk along a portion of Riverside Drive abutting the existing drainage pond
(approximately 180-linear feet). The applicant should be required to construct a 5-foot wide
detached sidewalk with an 8-foot planter strip along the frontage of Riverside Drive and along
the frontage of Edgewood Lane, with the exception of the southern portion of Edgewood Lane
for the Boise River access. Staff recommends that the applicant should be required to
construct an 8-foot wide attached sidewalk along Edgewood Lane, from the proposed
driveway approach to the southern boundary of the site consistent with what was approved for
Renovare Subdivision (approximately 125-linear feet, measured from the near edge of the
driveway approach to the south property line).
• An agreement was made by the developer of this parcel and the developer of Renovare
Subdivision to provide 15 parking spaces for the shared use of public access to the Boise River
with the development of Tennis Club Plaza Subdivision. The parking lot is to be located on
the southwest corner of this development (within Block 2). The applicant should be required
to construct 15-parking spaces for the shared use of public access to the Boise River. The
applicant should be required to sign the shared parking spaces. The signage requirements
should be reviewed and approved by the Design Review Board prior to submittal of a final
plat application.
• A 50-foot wide temporary easement is identified on Lots 1 &2,Block 2 adjacent to Edgewood
Lane. The plat does not identify the purpose of the easement. The applicant should be
required to identify what the purpose of the easement is prior to submittal of the final plat
application.
• The Eagle Sewer District provided correspondence date stamped by the City on June 27, 2013.
A letter of approval should be provided to the City from the Eagle Sewer District approving
the final construction plans prior to the City Clerk signing the final plat.
• The applicant should provide a Builder's Association for Tennis Club Plaza Subdivision for
the operation and maintenance of the common areas. The formalized agreement should be
submitted at the time of application for final plat approval.
• The preliminary plat date stamped by the City on June 20, 2013, shows a street section for the
internal roadway with a portion of the sidewalks located outside of the public right of way.
The applicant should provide a copy of the public access easement granted for the sidewalks
located outside of the right of way prior to the City Clerk signing the final plat.
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 standards conditions of approval as provided within the staff
report.
Page 12 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 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 one (1) individual, who indicated they were opposed were opposed to the proposed preliminary plat
for the following reasons:
• The individual identified that they are involved with the group opposed to any widening of Beacon
Light Road, and as an extension of that, they are opposed to the Commission approving this
development (or any development within Eagle) until such time that Eagle City Council takes
another look at the Eagle Comprehensive Plan and the "whole picture" of Eagle. The individual
felt that the traffic that will be generated by all of the developments that have been approved by the
City will only increase the likelihood of the roadways (including Beacon Light Road) to be
widened, which will eliminate the rural character of the City.
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:
• Commissioner Smith stated that he did not see the connection between this development and
Beacon Light Road traffic/widening issues. He also was not inclined to change site specific
condition of approval#10. He felt this was an ambitious project, and hoped they will do well.
• Commissioner Wright felt the project was a good use of the land.
• Commissioner Villegas did not support the applicant's request to replace site specific condition of
approval #10 with another MOU, as that would not take care of the requirement for the
construction of the parking spaces. He suggests leaving site specific condition#10 as proposed by
staff. He also addressed the testimony of the public and identified that he would not subscribe to
the thought that they should trample on personal property rights or the right of someone to develop
their land.
COMMISSIONS DECISION:
The Commission voted 4 to 0 (Roehling absent)to recommend approval of PP-13-13 for a preliminary
plat for Tennis Club Plaza Subdivision with the following staff recommended site specific conditions
of approval and standard conditions of approval with 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 and any subsequent modifications.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all outstanding engineering fees and legal
fees incurred for reviewing this project,prior to the City Clerk signing the final plat.
4. 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
Page 13 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc
Ordinance or as per the applicable approved development agreement associated with RZ-24-
06 and any subsequent modifications." The revised preliminary plat shall be provided prior to
submittal of a final plat application.
5. The applicant shall provide a revised preliminary plat with plat note 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-24-06 or any subsequent modification." The revised preliminary plat shall
be provided prior to submittal of a final plat application.
6. The applicant shall provide a grading plan for the entire site (inclusive of all lots) prior to
submittal of a final plat application to show how the onsite drainage for the subdivision is
being accounted for across all lots.
7. The applicant shall revise plat note #9 to specify that "All Block 1 & 2 lots shall provide
reciprocal cross-parking and cross-access for vehicular and pedestrian ingress and egress to the
public rights-of-way. Additionally, the cross-access should be denoted on the plat. The
revised preliminary plat shall be provided prior to submittal of a final plat application.
8. The applicant shall provide a revised preliminary plat showing a ten foot (10') wide paved
pedestrian pathway adjacent to State Highway 44 abutting the site located within a twenty foot
(20') wide pedestrian access easement. The revised preliminary plat shall be provided prior to
submittal of a design review application. (ECC 9-4-1-6 [D]).
9. The applicant shall be required to construct a 5-foot wide detached sidewalk with an 8-foot
planter strip along the frontage of Riverside Drive and the frontage of Edgewood Lane, with
the exception of the 7-foot wide attached sidewalk segment along Riverside Drive as shown on
the preliminary plat (approximately 175-linear feet) and with the exception of the southern
portion of Edgewood Lane for the Boise River access. The applicant shall be required to
construct an 8-foot wide attached sidewalk along Edgewood Lane, from the proposed
driveway approach to the southern boundary of the site (approximately 125-linear feet,
measured from the near edge of the driveway approach to the south property line). (ECC 9-4-
1-6[F][3]).
10. The applicant shall be required to construct 15-parking spaces for the shared use of public
access to the Boise River located with Block 2 of the subdivision. The applicant shall be
required to sign the shared parking spaces. The signage requirements shall be reviewed and
approved by the Design Review Board prior to submittal of a final plat application.
11. The applicant shall be required to identify the purpose of the 50-foot wide temporary easement
identified on Lot 1 &2,Block 2 prior to submittal of a final plat application.
12. 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. A
final Memorandum of Agreement between Rock Contractors and Renovare which identifies
each party's responsibility for the construction of Riverside Drive shall be required to be
reviewed and approved by the City prior to submittal of a final plat application.
Page 14 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc
13. The subdivision and buildings shall be designed with architectural elements in compliance
with the Eagle Architecture and Site Design Book (EASD). The applicant shall submit a
master building design plan that shows general design criteria including composition, color,
materials, and architectural themes to be incorporated into the construction of all commercial
buildings on the site, with details showing how each building will compliment the others with
said design elements. The master plan (including perimeter landscaping and parking lots)
shall be reviewed and approved by the Design Review Board prior to the issuance of any
building permits for the site.
14. The applicant shall provide a Building Owners Association for Tennis Club Plaza Subdivision
for the operation and maintenance of the common areas. The formalized agreement shall be
submitted at the time of application for final plat approval.
15. The applicant shall provide CC&Rs that the Building Owners Association shall have the duty
to maintain the pressurized irrigation system and all landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing
and caring for shrubs and trees in perpetuity.
16. The applicant shall provide a revised preliminary plat that includes a plat note that states that
"Vehicular access to lots along Edgewood Lane and Riverside Drive is prohibited unless
specifically allowed 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. (ECC 9-4-1-2).
17. The applicant shall provide a revised preliminary plat that includes a plat note that states that
"Vehicular access to lots along State Hwy 44 is prohibited unless specifically allowed by the
Idaho Transportation Department and the City of Eagle."The revised preliminary plat shall be
provided prior to submittal of a final development plan/final plat application. (ECC 9-4-1-2).
18. The applicant shall provide a license agreement from ACHD approving the landscaping
located within the public rights-of-way abutting this site prior to approval of a final plat
application. (ECC 9-4-1-2)
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
Page 15 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc
placed on the street side of the home or shall have their sewer drainage system designed with a
stub at the house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the
water rights appurtenant to the lands in said subdivision which are within the irrigation entity
will be transferred from said lands by the owner thereof; or the subdivider shall provide for
underground tile or other like satisfactory underground conduit to permit the delivery of water
to those landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific
criteria for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
•
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional
engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing
the final plat. A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to
the City Engineer signing the final plat. The plans shall show how swales, or drain piping,
will be developed in the drainage easements. The approved drainage system shall be
constructed, or a performance bond shall be submitted to the City Clerk, prior to the City
Engineer signing the final 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.
Page 16 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc
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.).
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
Page 17 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc
path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee
prior to approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the
Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to
approval of the final plat by the City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building
setback lines shall be in accordance with the applicable zoning and subdivision regulations at
the time of issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to
floodplain and river protection regulations (if applicable)prior to the City Engineer signing the
final plat.
23. The development shall comply with the Boise River Plan (if applicable)in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the
Boise River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the
final plat by the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or
other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department
of Water Resources and/or any other agency having jurisdiction prior to the City Engineer
signing the final plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations
shall be complied with. All design and construction shall be in accordance with all applicable
City of Eagle Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than
those required by the above conditions, will require submittal of an application for
modification and approval of that application prior to commencing any change. Any change
by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other
regulatory and legal restrictions in force at the time the applicant or its successors in interest
submits application to the City of Eagle 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,
Page 18 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc
unless a time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central
District Health Department, Ada County Treasurer, Ada County Highway District
Commissioners, City Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless
for any and all water rights,claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval
by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how
the streetlights will facilitate the"Dark Sky"concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of
the site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-
feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs
off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, September 30, 2013, on site in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received by
the City of Eagle on October 31, 2013.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on November 25, 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 November 21, 2013. The site was posted in
accordance with the Eagle City Code on December 5, 2013. Requests for agencies' reviews were
transmitted on November 12, 2013,in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-13-13) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions)because:
a. The requested preliminary plat complies with the approved zoning designation of MU-DA
(Mixed Use with a development agreement).
b. The subdivision will be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as
shown within the findings provided within this document and the proposed use is in
accordance with the mixed use designation of this area shown within the Comprehensive
Plan;
c. The subdivision will be served adequately by essential public facilities such as streets, police
and fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
Page 19 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc
provide adequately any such services, as noted in the documentation provided from said
agencies and as required as a part of the conditions of approval;
d. Vehicular approaches to the property are designed so as to not create an interference with
traffic on surrounding public thoroughfares since there is currently a public street stubbed to
the subject property and will continue through the property, and 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
e. While there is no capital improvement program, 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
f. Based upon agency verification and additional written comments of the Eagle Fire District
and Eagle Sewer District as conditioned herein, there is adequate public financial capability
to support the proposed development; and
g. 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 fine plat approval as set forth within the conditions of
approval herein.
DATED this 6th day of January, 2014.
PLANNING AND ZONING a MMISSION
OF THE CITY OF EAGLE
Ada C t. ty • ,.• :
0Al ,- ,
_ _
Trent Wright, airman see,,,•,,,,
ATTEST: _ ' / POR
0 9��; ,
AY �_ , 4_ �..i SEAL
1 *!
haron K. Bergmann,Eagle City Cle I, •. J)'•;rrfe, �4+`
i,s' OF 1D••...
�,
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 20 of 20
K:\Planning Dept\Eagle Applications\SUBS\2013\Tennis Club Plaza pzf.doc