Findings - PZ - 2014 - RZ-07-13 & PP-04-14 - Gateway Subdivision/101-Lot/24-Acre/ BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION,DEVELOPMENT )
AGREEMENT IN LIEU OF A PUD,AND )
PRELIMINARY PLAT FOR GATEWAY )
SUBDIVISION FOR NORTHSIDE )
MANAGEMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-07-13 MOD AND PP-04-14
The above-entitled development agreement modification, development agreement in lieu of a PUD, and
preliminary plat applications came before the Eagle Planning and Zoning Commission for their
recommendation on September 15, 2014, at which time public testimony was taken and the public hearing
was closed. The Commission, having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
NorthSide Management, represented by Scott Noriyuki, is requesting a development agreement
modification, development agreement in lieu of a PUD, and preliminary plat approval for
Gateway Subdivision, a 101-lot (95 buildable and 6 common) residential subdivision. The 24-
acre site is generally located at the SW corner of E. Sadie Drive and N. Echohawk Way.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 5:30 PM, April 16, 2014, in compliance with the
application submittal requirement of Eagle City Code. The applications for this item were
received by the City of Eagle on July 28, 2014.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission
were published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
the Eagle City Code on August 25, 2014. 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 21, 2014.
Requests for agencies' reviews were transmitted on July 30, 2014, in accordance with the
requirements of the Eagle City Code. The site was posted in accordance with the Eagle City
Code on August 29, 2014.
D. HISTORY OF PREVIOUS ACTIONS:
On January 28, 2014, the Eagle City Council approved a Comprehensive Plan Text
Amendment to establish language for the Guerber Park Planning Area and a Comprehensive
Map Amendment changing the land use designation on the Comprehensive Plan Land Use Map
from Residential Three (up to three (3) units per acre) to Mixed Use for the property. This
action also approved a Zoning Ordinance Amendment to Eagle City Code 8-6-4-5: Housing for
Older Persons to amend the minimum project size and the allowance of private roads and a
rezone from R-3 (Residential Three — up to 3 units per acre) to MU-DA (Mixed Use with a
Development Agreement).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with Vacant
Development Agreement)
Proposed No Change No Change Single Family Residential
North of site Residential R-3 (Residential up to three Residential subdivision
unit per acre) (Ringo Ridge Subdivision)
South of site Mixed Use R-3 (Residential up to three Vacant
unit per acre)
East of site Business BP(Business Park) State Hwy 55/Vacant
West of site City Park PS (Public/Semi Public) Guerber City Park
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA or CEDA.
H. SITE DATA:
Total Acreage of Site—24
Total Number of Lots - Residential-95
Commercial-0
Industrial-0
Common -6
Total Number of Units -
Single-family-95
Duplex-0
Multi-family-0
Total Acreage of Any Out-Parcels—0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 3.96 4.87 (approved pursuant to the previously approved
development agreement)
Minimum Lot Size 5,000 square 5,000 square feet(minimum lot size in the MU zone
feet approved within the development agreement previously
approved for Housing for Older Persons for this site)
Minimum Lot Width 50-feet 50-feet
Minimum Street Frontage 50-feet 35-feet
Total Acreage of Common Area 7.97-acres 5.622-acres (minimum)
Percent of Site as Common 33% 20% (minimum)
Area 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.
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I. 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:
A total of 7.97-acres (33% of the total residential area of the subdivision) is proposed
within the residential area of the subdivision. The total acreage is inclusive of Lot 1,
Block 6 of Ringo Ridge Estates Subdivision No. 6. This 3.009-acre lot is being re-platted
with this proposed subdivision. The open space consists of slopes, buffer adjacent to
Echohawk and Sadie Drive. A minimum of 20% is required 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.
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) -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 July 28, 2014, contains a typical street
section that does not clearly define the road width. The detail calls out that the roadway
width is 34-feet wide, back of curb to back of curb. However, another detail calls out the
lane widths to be 18-feet from centerline to back of curb, which would result in a 36-foot
street section. The typical street section shows the roadway located within 50-feet of
right-of-way.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
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Cul-de-sac Design:
The preliminary plat, date stamped by the City on July 28, 2014, shows one (1) knuckle
located within the proposed development at the intersection of N. Mansfield Street and E.
Dunno Street. No island is proposed.
Sidewalks:
An attached five-foot (5') wide concrete sidewalk is proposed located on both sides of all
interior public roadways.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for
the interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: (See 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—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
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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 29, 2014 are of special
concern (see attached).
Ada County Highway District
Central District Health
Eagle Fire Department
Idaho Transportation Department
Republic Services
Tesoro Logistics
Q. LETTERS FROM THE PUBLIC: None to date
R. 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.
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In cased of large - scale PUDs(incorporating fifty(50)or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
For a request of up to 10%of the gross land area to be directed to uses other than residential
(i.e.; commercial, industrial,public and quasi-public uses that are not allowed in the land use
district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
In cases where an increase in residential density of up to 15% of the allowable number of
dwelling units is requested:
22. LANDSCAPING -For up to 5%
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of
existing landscape, pedestrian way treatment, and recreational areas, incorporated into this
development,exceed that of a non PUD development.
23. SITING-For up to 5%
That the quality of the designs for visual focal points, use of existing features such as
topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation
pattern, physical environment, variation in building setbacks, and building grouping (such as
clustering), incorporated into this development, exceed that of a non PUD development.
24. DESIGN FEATURES -For up to 5%
That the quality of the designs for street sections, architectural styles, harmonious use of
materials, parking areas broken by landscaping features, and varied use of housing types,
incorporated into the development, exceed that of a non PUD development.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or Development
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Agreement process, see specific planning area text for a complete description. An allowable
density of up to 10 units per 1 acre.
6.8.14 Guerber Park Planning Area
The Guerber Park Planning Area is designated as mixed use node combining, limited service
commercial, limited retail, professional office, and a mixture of residential densities including
single family, multi-family, and housing for older persons. The vision for the area is to recognize
the activity center created by Guerber Park, transportation as it relates to the Highway 55 corridor
and existing development, and to provide compatible land uses at densities that accommodate
pedestrian scale design and future mass transit. The area is defined as the property on the west side
of Hwy 55 and the north side of Hill Road, and includes the area north to the Arbor Ridge
Subdivision, east to Hwy 55 and includes Guerber Park to the west.
A. Uses
The land use and development policies specific to the Guerber Park Planning Area include the
following:
1. Parcel specific, limited service commercial, limited retail, professional office and medium
to high density residential shall be allowed adjacent to Hill Road with the residential
densities transitioning to no more than four units per acre towards the north and the
existing large lot residential and the park to the west.
2. This area is encouraged to include active living opportunities for retirement age citizens
(Housing for Older Persons).
3. Single use/strip commercial shall not be permitted in this area. Design shall focus inward
and be integrated into the planning area with consistent architecture and site design.
4. Transitional residential densities and design elements (plantings, fences, etc.) should be
used to provide buffering from the mixed use areas to the existing large lot residential uses
within the planning area.
B. Access
1. Primary vehicular access should be taken from Echohawk Drive and Sadie Drive with
limited secondary access to Hill Road.
2. To the greatest extent possible, the planning area should be designed with internal
circulation for pedestrians and bikes between residential, non-residential and park uses.
3. Private roads may be allowed in connection with housing for older persons and planned
unit developments but private roads should be designed to limit access to public facilities
and roadway networks unless deemed necessary for emergency services.
C. Design
1. Development in the Guerber Park Planning Area shall be required to submit as a planned
unit development and/or through a development agreement.
2. Architecture and signage for non-residential and multi-family uses should be designed to
be compatible and compliment the other uses in the planning area.
3. Hill Road should be recognized as a gateway corridor for the City of Eagle and should
have proper berming, landscaping, monumentation, and setbacks.
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4. Pathways and trails within the planning area should be located so to limit impacts to the
hillsides and areas of high erosion.
5. All grading and hillside disturbance shall be engineered to ensure stability and to limit the
impacts of erosion.
6. There shall be an adequate buffer between the eastern boundary of Guerber Park and
development areas to the east. The intent is to ensure that park users do not feel as though
they are encroaching on private property and also to shield residents to the east from the
frequent intense activities of the park.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code 8-2-1: Districts Established,Purposes and Restrictions:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited
office, limited commercial, and residential. This district is intended to ensure compatibility of
new development with existing and future development. It is also intended to ensure
assemblage of properties in a unified plan with coordinated and harmonious development
which shall promote outstanding design without unsightly and unsafe strip commercial
development. Uses should complement the uses allowed within the CBD zoning district. All
development requiring a conditional use permit in the MU zoning district, as shown in
section 8-2-3 of this chapter, shall occur under the PUD and/or development agreement
process in accordance with chapter 6 or 10 of this title unless the proposed development does
not meet the area requirements as set forth in section 8-6-5-1of this title. In that case a
cooperative development, in conjunction with adjacent parcels (to meet the minimum area
requirements), shall be encouraged. Otherwise a conditional use permit shall be required
unless the proposed use is shown as a permitted use in the MU zoning district within
section 8-2-3 of this chapter. Residential densities shall not exceed twenty (20) dwelling units
per gross acre. When a property is being proposed for rezone to the MU zoning district, a
development agreement may be utilized in lieu of the PUD and/or conditional use process if
approved by the city council, provided the development agreement includes conditions of
development that are required during the PUD and conditional use process. (Ord. 673, 11-27-
2012)
• Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements
M. Parkway Strips, Separated Sidewalks, and Street Trees:
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA
sidewalks shall be separated from the curb along all streets. Sidewalks shall be required
when space permits. An eight foot (8') wide minimum parkway planter strip planted with
shade class (class II) trees shall be required between the sidewalk and street to provide a
canopy effect over streets.
2. In all required applications, excluding residential developments, one street tree, selected
from the approved tree list in subsection Q of this section, shall be planted per thirty five
(35) linear feet of street frontage.
3. Within residential developments one shade class (class II) tree selected from the approved
tree list in subsection Q of this section shall be located on both sides of all streets within
the eight foot (8') wide landscape strip between the sidewalk and the curb. Trees shall be
planted at the front of each lot generally located on each side lot line corner with the
distance between trees to be a minimum of thirty five feet (35') and a maximum of eighty
feet(80') of street frontage.
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4. In all cases, any planting within public rights of way shall be with approval from the
public and/or private entities owning the property. (Ord. 699, 5-28-2013)
• Eagle City Code 8-6-1: Planned Unit Developments:
Purpose:
It shall be the policy to guide a major development of land and construction by
encouraging planned unit development(PUD)to achieve the following:
A. A maximum choice of living environments by allowing a variety of housing and
building types and permitting an increased density per acre and a reduction in lot
dimensions, yards, building setbacks and area requirements;
C. A development pattern which preserves and utilizes natural topography and
geologic features, scenic vistas, trees and other vegetation and prevents the
disruption of natural drainage patterns;
• Eagle City Code 8-6-5-2: Common Area Open Space:
A. Required Common Area Open Space: A minimum of twenty percent (20%) of the gross
land area developed in any residential PUD project shall be reserved for common area
open space and recreational facilities for the residents or users of the area being
developed.
B. Active Open Space: A minimum of fifteen percent (15%) of the common area open space
shall be developed as active open space, as defined in title 9 of this code.
C. Compliance: All common area open space shall be evaluated for its compliance with the
following:
1. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping,
pedestrian-way treatment and recreational areas;
2. Siting: Visual focal points, use of existing physical features such as topography, view,
sun and wind orientation, circulation pattern,physical environment.
D. Direct Access: A minimum of fifty percent (50%) of all lots shall be designed to be
adjacent to, or at a minimum, have direct access to common area open space. The term
"direct access" means all building lots are to be located a maximum of two hundred fifty
feet (250') away from a pathway connecting to a common area open space lot. Building
lots separated from a common area open space lot by a local roadway shall be deemed to
have achieved direct access. The required planter strip located between the sidewalk and
the street will not be permitted to fulfill this requirement.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code 9-1-6: Rules and Definitions:
Open Space: A common area platted as a separate lot (except for the portion of the 8 foot
wide landscape strip located adjacent to and within the public right of way of a local
street) substantially open to the sky, exclusive of streets, commercial and residential
buildings, and shall be designated and intended as a usable and convenient amenity for the
residences of any proposed development.
Open Space, Active: Common area which includes, but is not limited to, athletic fields,
buildings or structures for recreational activities including picnic areas, community
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garden, courses or courts, children's play area, dog play area, and pathways, excluding
passive open space areas. Landscape buffer areas not required pursuant to subsection 8-
2A-7J of this code may be considered, in part, as active open space provided a pathway or
other active amenity is located within and incorporated into the buffer area.
Open Space, Passive: Common areas which includes, but is not limited to, landscape
buffer areas required pursuant to subsection 8-2A-7J of this code (including the sidewalk
within the buffer area), natural areas, wetland areas, ornamental gardens, decorative
fountains, and water bodies, excluding active open space areas.
• Eagle City Code 9-3-2-1: Location and Design
C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new
subdivisions shall be such that said streets extend to the boundary line of the tract to make
provisions for the future extension of said streets into adjacent areas, and shall have a cul-
de-sac or temporary cul-de-sac. A reserve street may be required and held in public
ownership.
• Eagle City Code 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 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 alongside lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code 9-3-8: Public Sites and Open Spaces
D. Common Area Open Space: The minimum percentage of the gross area that must be set
aside for common area open space in new subdivisions shall be as follows:
Zoning District Open Space
R-2 18 percent
R-3 18 percent
R-4 18 percent
R-5 = 18 percent
MU(with residential uses) E 18 percent
1. Active Open Space: A minimum of fifteen percent (15%) of the common area open
space shall be developed as active open space, as defined in section 9-1-6 of this title.
2. Compliance: All common area open space shall be evaluated for its compliance with
the following:
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a. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping,
pedestrian-way treatment and recreational areas;
b. Siting: Visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern,physical environment.
3. Direct Access: A minimum of thirty percent (30%) of all lots shall be designed to be
adjacent to, or at a minimum,have direct access to common area open space. The term
"direct access" means all building lots are to be located a maximum of two hundred
fifty feet (250') away from a pathway connecting to a common area open space lot.
Building lots separated from a common area open space lot by a local roadway shall
be deemed to have achieved direct access. The required planter strip located between
the sidewalk and the street will not be permitted to fulfill this requirement.
4. Ownership and Management of Open Space:
a. Ownership Of Open Space: The applicant must identify the owner of the open
space who is responsible for maintaining the open space and facilities located
thereon. If a homeowners' association is the owner, membership in the association
shall be mandatory and automatic for all homeowners of the subdivision and their
successors. If a homeowners' association is the owner, the homeowners'
association shall have lien authority to ensure the collection of dues from all
members. The responsibility for maintaining the open space and any facilities
located thereon shall be borne by the owner.
b. Management Plan: Applicant shall submit a plan for management of open space
and common facilities (plan)that:
(1) Allocates responsibility and guidelines for the maintenance and operation of
the open space and any facilities located thereon, including provisions for
ongoing maintenance and for long term capital improvements;
(2) Estimates the costs and staffing requirements needed for maintenance and
operation of, and insurance for, the open space and outlines the means by
which such funding will be obtained or provided;
(3)Provides that any changes to the plan be approved by the city council; and
(4)Provides for enforcement of the plan.
• Eagle City Code 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 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.
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B. Location:
1. The city shall require the creation and maintenance of pathways (except in cases
where it is shown to be inappropriate),that provide access to adjacent:
b. Public parks;
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in
width. Micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum eight feet (8') wide and shall be
located within a sixteen foot (16') wide pedestrian access easement, however, in an
area where low volume pedestrian traffic is anticipated, the council may consider a
reduction in pathway width to six feet(6'). Regional pathways such as the Boise River
greenbelt and pathways located adjacent to major roadways shall be a minimum ten
feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access
easement.
3. A five foot (5') wide landscaped area/building and fence setback, as measured from
both edges of the paved path, shall be required, and will be owned by either the
abutting property owner(s) or a homeowners' association unless accepted by a public
entity. The five foot (5') wide landscaped area on either side of the pathway may be
decreased to a minimum of two feet(2') wide(as measured from the edge of asphalt to
the easement line) when used in conjunction with a meandering pathway, however,
the total width of the landscape area shall not be less than ten feet (10') (i.e., 2 feet on
one side of the path and 8 feet on the other). For safety purposes, planting material in
this area is limited to three feet (3') in height. The landscape, fence and building
regulations for this area shall be indicated by a note on the plat.
5. A root barrier shall be placed on both sides of the pathway to prohibit tree roots from
damaging the pathway surface. The root barrier shall consist of black injection molded
panels with a minimum of 0.085 inch wall thickness in modules a minimum of twenty
four inches (24") long by twenty four inches (24") deep. Each panel shall have no less
than four (4) vertical deflecting ribs of a minimum 0.085 inch thickness protruding
one-half inch ('/2") at ninety degrees (90°) from the interior of the panel, spaced six
inches (6") apart. A minimum of nine (9) anti-lift tabs, three (3) each between the
vertical ribs, shall be integrated into each panel, measuring a minimum of 0.085 inch
thickness and protruding three-eighths inch (3/8") from the panel wall. An integrated
joining system shall be employed for instant assembly by sliding one panel into the
other. An alternative type barrier system of equal root penetrative resistance may be
considered on a case by case basis, subject to the approval of the zoning administrator.
6. In order to design for crime prevention, the following design standards will be
followed:
a. The use of "see through", open fencing, such as wrought iron, is preferred, as it
provides better visibility from adjacent homes or buildings. Solid fencing is
prohibited.
F. Sidewalk Design:
1. Sidewalks, a minimum 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.
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3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of
curb by a minimum eight foot (8') wide landscape strip. The landscape strip shall be
completed with sod, automatic irrigation, and planted with three inch (3") minimum
caliper shade class trees along all streets within the subdivision. Installation of
landscaping shall be in accordance with section 8-2A-7 of this code. The area within
the eight foot (8') wide landscape strip may be counted toward the minimum required
common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line.
Minor variations to the location of a tree may be considered by the design review
board during the review of the subdivision landscape plan.
• Eagle City Code 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. (Ord. 566, 5-15-2007)
• Eagle City Code 9-5-4: Planned Unit Development Subdivisions:
A planned unit development is a mechanism by which the city may permit a variety in type,
design, and arrangement of structures; and enable the coordination of project characteristics
with features of a particular site in a manner consistent with the public health, safety and
welfare. A planned unit development allows for innovations and special features in site
development, including the location of structures, conservation of natural land features,
conservation of energy and efficient utilization of open space. Large scale developments as
defined herein shall be submitted as planned unit developments. (Ord. 566, 5-15-2007)
D. DISCUSSION:
• The preliminary plat, date stamped by the City on July 28, 2014, shows 5-foot wide attached
sidewalks on the internal local roadways. Eagle City Code 9-4-1-6(F)(3) states that 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 applicant should be required to provide a revised
preliminary plat showing detached 5-foot wide sidewalks with an 8-foot with planter strip
throughout the development prior to submittal of a final plat application.
• The preliminary plat, date stamped by the City on July 28, 2014, contains a typical street
section that does not clearly define the road width. The detail calls out that the roadway width
is 34-feet wide,back of curb to back of curb. However, another detail calls out the lane widths
to be 18-feet from centerline to back of curb, which would result in a 36-foot street section.
The applicant should be required to submit a revised preliminary plat that clearly identifies the
proposed street section as 34-feet wide or 36-feet wide prior to the submittal of the final plat
application.
• The preliminary plat, date stamped by the City on July 28, 2014, does not contain an ACHD
master storm drain note for Lot 1, Block 10 and Lot 1, Block 6. The applicant should be
required to provide a revised preliminary plat with an ACHD master storm drain note that
references Lot 1,Block 10 and Lot 1,Block 6 prior to the submittal of a final plat application.
• Plat note #7 of the preliminary plat, date stamped by the City on July 28, 2014, does not
accurately represent the common lots due to what appears to be the lots and blocks transposed.
The applicant should be required to revise the preliminary plat to read, "Lots 1, 14 and 46,
Block 1, Lot 5, Block 4, Lot 10, Block 5, and Lot 1, Block 6 are common lots to be owned
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and maintained by the Gateway Homeowner's Association." The revised preliminary plat
should be provided prior to the submittal of the final plat application.
• Plat note #8 of the preliminary plat, date stamped by the City on July 28, 2014, does not
reference the correct zoning. Plat note#8 references setbacks for an L-O zone. The applicant
should be required to revise the preliminary plat to read, "Setbacks shall be determined at the
time of building permit application based on the zoning regulations in effect for the M-U
zone." The revised preliminary plat shall be provided prior to the submittal of the final plat
application.
• The proposed knuckle at the intersection of N. Mansfield Street and E. Dunno Street does not
comply with Eagle City Code with regard to cul-de-sac design. Per ECC Section 9-3-2-1 (G),
the applicant should be required to construct the knuckle having a minimum radius of fifty feet
(50') of right of way including a landscape island with a minimum radius of ten feet (10').
The applicant should be required to provide a revised preliminary plat prior to the submittal of
a final plat application.
• Pursuant to the recently adopted sub-planning area (Guerber Park planning Area-6.8.14), a
buffer between the eastern boundary of Guerber Park and the development areas to the east is
required. Language from the Comprehensive Plan states that, "there shall be an adequate
buffer between the eastern boundary of Guerber Park and development areas to the east. The
intent is to ensure that park users do not feel as though they are encroaching on private
property and also to shield residents to the east from frequent intense activities of the park."
Staff recommends that the applicant address this matter with the Planning and Zoning
Commission and City Council during the public hearing process to determine the interface
between the Guerber Park and this development. The lots immediately adjacent to the park
should also be required to have open style fencing such as wrought iron or extruded
aluminum.
• The proposed landscape plan submitted on September 2, 2014, identifies a 5-foot wide
pathway on Lot 14 that provides access to Guerber Park. Eagle City Code 9-4-1-6(D)(1) states
that "micropathways within subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum eight feet(8') wide and shall be located within a sixteen
foot(16') wide pedestrian access easement. A five foot(5') wide landscaped area/building and
fence setback, as measured from both edges of the paved path, shall be required, and will be
owned by either the abutting property owner(s) or a homeowners' association unless accepted
by a public entity. Additionally, a root barrier shall be placed on both sides of the pathway to
prohibit tree roots from damaging the pathway surface." The applicant should be required to
provide a revised preliminary plat showing an 8-foot wide pathway located on Lot 14, Block 1
within a 16-foot wide easement. The revised preliminary plat should be provided prior to the
submittal of a final plat application.
• The proposed landscape plan submitted on September 2, 2014 does not identify what areas of
landscaping is active open space. Pursuant to Eagle City Code 9-3-8(D)(1), a minimum of
15% of the open space shall be active open space. The applicant should be required to provide
active open space as defined as "common area which includes, but is not limited to, athletic
fields, buildings or structures for recreational activities including picnic areas, community
garden, courses or courts, children's play area, dog play area, and pathways, excluding passive
open space areas. Landscape buffer areas not required pursuant to subsection 8-2A-7(J) of
this code may be considered, in part, as active open space provided a pathway or other active
amenity is located within and incorporated into the buffer area. The applicant should be
required to provide a minimum of 15% of the open space as active open space. The applicant
should be required to submit a revised landscape plan with the design review application.
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• The proposed landscape submitted on September 2, 2014, does not show any landscaping on
Lot 1, Block 1. The applicant should be required to provide landscaping on the common lot
consistent with the landscaping proposed within the common lots of Gateway Subdivision and
in accordance with Eagle City Code 8-2A.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested development
agreement modification, development agreement in lieu of a PUD, and preliminary plat with 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 15, 2014, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by two
(2) individuals (other than the applicant/representative) who were pleased by the proposed
development and finally developing the "hole," but had concerns regarding the proposed density and
the proposed location of the stub street to the adjacent property to the south.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by six (6) individuals who indicated concerns regarding the proposed density of the development,
traffic impacts to the adjacent roadways, similar and/or conducive architecture of the proposed home to
the existing homes, maintenance of existing open space with Arbor Ridge Subdivision, landscape
buffer adjacent to Guerber Park, and timeline of development.
COMMISSION DECISION REGARDING THE DEVELOPMENT AGREEMENT
MODIFICATION AND DEVELOPMENT AGREEMENT IN LIEU OF A PUD:
The Commission voted 4 to 0 to recommend approval of RZ-07-13 MOD for a development agreement
modification and development agreement in lieu of a PUD for Northside Management with the following
modifications to the existing development agreement with strike through text to be deleted by the
Commission and underline text to be added by the Commission:
3.1 The Revised Concept Plan represents the Owner's current concept for completion of the Project.
As the Revised Concept Plan evolves, Eagle understands and agrees that certain changes in that
concept may occur or be required. If Eagle reasonably determines that any such changes require
additional public comment due to potential impacts on surrounding property or the community, a
public hearing shall be held on any proposed changes in the Revised Concept Plan and notice
shall be provided as may be required by Eagle.
3.2 All development of the Property shall comply with Eagle City Code Section 8-2A (Design
Review), and be generally consistent with the Concept Plan; provided, however, it is the intent of
this Agreement to allow flexibility at the time a detailed plan and platting are submitted to Eagle
so long as the general intent of the Concept Plan and the requirements set forth in this Agreement
are met.
3.3 Applicant will develop the Property subject to the conditions and limitations set forth in this
Agreement. Further, Applicant will submit such applications regarding design review,
preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other
applicable applications as may be required by the Eagle City Code, which shall comply with the
Eagle City Code, as it exists at the time such applications are made except as otherwise provided
within this Agreement.
3.4 Prior to submittal of any final plat application for any portion of the Property, such portion of the
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Property shall (i) be annexed into Eagle Sewer District's boundaries and shall comply with all
applicable Eagle Sewer District's regulations and conditions, (ii) have been issued any required
approval letters from Idaho Division of Environmental Quality, and/or Central District Health.
Further, prior to issuance of a building permit for any non-residential buildings that are not the
subject of a final plat application, Owners shall provide proof of adequate sewer service to the
proposed habitable buildings by causing a letter of approval to be provided to Eagle from Eagle
Sewer District.
3.5 Internal pedestrian pathways shall be constructed of asphalt or concrete, and shall be a minimum
of 6-feet in width.
3.6 Except as otherwise provided in this Agreement or by applicable ordinances, development of the
Property shall comply with Eagle's Comprehensive Plan and City Code as in effect at the time
this Agreement is recorded.
3.7 The Single Family Residential lots proposed along the south side of Sadie Drive and at the
. .. . ! - - -- - • - - - . • - - ' - • - • -
coverage and setbacks), with a minimum lot square footage of 9,000 square feet and common
Assoc.
3.8 The Setbacks for the"Older Persons"gated community shall be:
Front: A°20'/garage, 15'/living area
Rear: A' 15'
Interior Side: A°5'
Street Side: A' 15'
Maximum Lot Covered: 100%
Maximum Height: 35'
3.9 The Setbacks for the Single Family Residential units along Sadie Drive and at the terminus of
Mariposa Dive shall fellow Eagle City Cede 8 2 •. • • - - . •- • - . . .
3.10 The conditions, covenants, and restrictions recorded against all portions of the property shall
contain at least the following provisions:
• An allocation of responsibility for maintenance, in perpetuity, of all community and privately
owned landscape and amenities,pressurized irrigation,parking lots, and private road;
• Establishment of an architectural control board for all buildings prior to building permit;
• An allocation of responsibility for the operations and maintenance of the pressurized irrigation
system for the Property.
3.11 The applicant shall place a note on the final plat that all common areas are to be owned and
maintained by the Owners Association(s)for the development. The applicant shall provide a copy
of the CC&Rs (which include a similar statement regarding the common areas) for review and
approval by the City attorney prior to the approval of the first final plat. The CC&Rs shall
provide that the association(s) shall have the duty to maintain and operate all of the common
landscape areas in the subdivision in a competent and attractive manner, including the watering,
mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in
perpetuity. The conditions, covenants, and restrictions shall be reviewed and approved by the
City Attorney for both form and content to assure compliance with the conditions required herein,
prior to the issuance of a building permit.
residential use of this development shall be for Housing for Older Persons, and private roads will
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3.13 The pressure irrigation system has been proposed as a shared system between the City of Eagle
and WyCliffe and Gateway Developments. The use of the water by the City is intended to be used
on the property known as Guerber Park. The developers of the two subdivisions have met with
the City and are in process of formulating an agreement to establish the responsibilities of each
party. . . . -- •- . .. . . . . - . - - ...
obligated to deliver irrigation water to Guerber Park. The discussion contemplates the City acting
• .. .. ""- . . - -- - - --_ - - . The agreement is intended to•
specify that both developments will be provided necessary irrigation water to fulfill the needs of
their respective developments commensurate with the existing irrigation water shares that they
each own and contribute for use on the properties described in this paragraph in a cooperative
matter as, or substantially similar to, a lateral users association.
3.14 The owner/developer is encouraged to develop the pathway system providing reasonable access
to Guerber Park.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 0 recommend approval of PP-04-14 for a preliminary plat for Gateway
Subdivision, for Northside Management, with the following staff recommended site specific conditions
of approval and standard conditions of approval with underline text to be added by the Commission
and strike through text to be deleted by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-07-13 &
RZ-07-13 MOD.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering fees and legal fees incurred for
reviewing this project,prior to the City Clerk signing the final plat.
4. Provide a revised preliminary plat showing a detached 5-foot wide sidewalk with an 8-foot with
planter strip for all roadways within the proposed subdivision prior to submittal of a final plat
application. (ECC 9-4-1-6[F][3])
5. Provide a revised preliminary plat that identifies the proposed street section as 34-feet wide or 36-
feet wide prior to the submittal of a final plat application.
6. Provide a revised preliminary plat with an ACHD master storm drain note that references Lot 1,
Block 10 and Lot 1,Block 6 prior to the submittal of a final plat application.
7. The applicant shall be required to revise the preliminary plat to read, "Lots 1, 14 and 46, Block 1,
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Lot 5, Block 4, Lot 10, Block 5, and Lot 1, Block 6 are common lots to be owned and
maintained by the Gateway Homeowner's Association" prior to the submittal of the final plat
application.
8. The applicant shall be required to revise plat note #8 of the preliminary plat to read, "Minimum
building setbacks shall be determined at the time in accordance with the City of Eagle Zoning
Ordinance at the time of issuance of the building permit application based on the zoning
regulations in effect for the M-U zone or as specifically approved by the conditions of the
development agreement for RZ-07-13 or any subsequent modifications." The revised preliminary
plat shall be provided prior to the submittal of the final plat application.
9. Provide a revised preliminary plat showing that the knuckle located at the intersection of N.
10. If the City Council requires a landscape buffer area along the west property line (adjacent to
Guerber Park), the applicant shall be required to provide a revised preliminary plat prior to the
submittal of the final plat application. (Guerber Park Planning Area-6.8.14)
11. The lots immediately adjacent to Guerber Park shall be required to have open style fencing such as
wrought iron or extruded aluminum.
12. Provide a revised preliminary plat showing an 8-foot wide pathway located on Lot 14, Block 1,
within a 16-foot wide easement with root barrier placed on both sides of the pathway, prior to the
submittal of a final plat application. (Eagle City Code 9-4-1-6[D][1])
13. Provide a minimum of 15% of the open space as active open space. The applicant shall be
required to submit a revised landscape plan with the design review application.
14. Provide a revised a revised landscape plan showing landscaping on Lot 1, Block 1, consistent with
what is being proposed on the other common lots within the subdivision and in accordance with
Eagle City Code 8-2A. The revised landscape plan shall be submitted to with the design review
application.
15. Add a note to the final plat which states that, "Minimum building setback lines shall be in
accordance with the applicable zoning and subdivision regulations at the time of issuance of a
building permit or as specifically approved and/or required."
16. The submittal of the building permit application to the City for each home within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permits applications that do not have an approval letter attached will not be accepted.
17. To assure compliance with the PUD conditions of approval herein, the City reserves the right to
deny, at its discretion, any building permit application that does not meet the architectural
requirements and as required in site specific condition of approval#15 above.
18. 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).
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19. 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).
20. The Gateway Subdivision shall remain under the control of one Homeowners Association.
21. The pressure irrigation system has been proposed as a shared system between the City of Eagle
and WyCliffe Estates and Gateway Developments. The use of the water by the City is intended to
be used on the property known as Guerber Park. The developers of WyCliffe Estates and Gateway
subdivisions have met with the City and are in process of formulating an agreement to establish the
responsibilities of each party. -- -• . . • . .•-- .- . .• . , - __ •_ . -
for WyCliffe Estates Subdivision. The pumping system will be analyzed to determine necessary
Guerber Park. A distribution system will be designed with adequate capacity to serve the entire
responsibilities will be established in the agreement. This approval is contingent upon the
as the management entity for the pressurized irrigation system. The agreement is intended to
specify that both developments will be provided necessary irrigation water to fulfill the needs of
their respective developments commensurate with the existing irrigation water shares that they
each own and contribute for use on the properties described in this paragraph in a cooperative
matter as, or substantially similar to, a lateral users association.
22. 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
application. (ECC 9-4-1-2)
23. The applicant shall provide CC&Rs at the time of submittal of a final plat application indicating
that the Gateway Homeowner's Association shall have the duty to maintain the pressurized
irrigation system (in accordance with the provisions of the Procurement Irrigation Agreement with
the City) 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
accordance with Eagle City Code in perpetuity. (ECC 9-3-8[D][4])
24. 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)
25. 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.
26. The applicant shall install at the entrances to the Gateway Subdivision 4' x 4' plywood or other
hard surface signs (mounted on two 4"x 4"posts with the bottom of the signs being a minimum of
3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off
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leash. The signs shall be installed prior to the issuance of any building permits.
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.
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.
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.
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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:
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.
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
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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
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
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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
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 5:30 PM, April 16, 2014. The development agreement modification and preliminary plat
applications for this item were received by the City of Eagle on July 28, 2014.
2. Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission were
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on August 25, 2014. 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 21, 2014. Requests for agencies' reviews
were transmitted on July 30, 2014, in accordance with the requirements of the Eagle City Code. The
site was posted in accordance with the Eagle City Code on August 29, 2014.
3. The Commission reviewed the particular facts and circumstances of this proposed development
agreement modification (RZ-07-13 MOD) with regard to Eagle City Code Section 8-7-5 "Action by
the Commission and Council", and based upon the information provided concludes that the proposed
rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The zoning designation of MU-DA (Mixed Use with a development agreement) is consistent
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with the Mixed Use designation as shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicates that adequate public facilities exist, or are expected to be
provided, to serve all uses allowed on this property under the proposed zone;
c. The proposed MU-DA (Mixed Use with a Development Agreement)is compatible with the R-
3 (Residential) zone and land use to the north since the subject area will provide a transition of
uses from the existing R-3 residential homes, and the proposed development will be residential
in nature; and;
d. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with the R-
3 (Residential) zone and land use to the south since the subject area is part of the Guerber Park
Planning Area and vacant; and;
e. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with
Echohawk Road to the east since this development will provide a landscape buffer and is
bordered by a State Highway(State Highway 55) and;
f. The proposed MU-DA(Mixed Use with a Development Agreement)is compatible with the PS
(Public/Semi Public) zone and land use to the west since it's a park;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
4. The Commission reviewed the particular facts and circumstances of this proposed development
agreement in lieu of a PUD, and based upon the information provided concludes that the proposed
development is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. That the proposed development 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 because;
The intent of Gateway Subdivision is to provide residential housing varieties which is a goal
of the City of Eagle PUD ordinance.
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 because;
The development will be harmonious and appropriate in appearance with the existing
subdivision on the adjacent property.
c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses because;
Gateway Subdivision is proposed to be developed in a manner harmonious with existing and
future uses in the immediate vicinity (Ringo Ridge Subdivision & Wycliff Estates
Subdivision); 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
is not anticipated that any uses or activities will be detrimental to the surrounding properties
upon completion of the site work. Gateway Subdivision will be served by Echohawk Way
which has access to Hill Road; and
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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 because;
All central services are either available to the site or will be as conditioned herein, 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 because;
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, water or highway district. Because the
developer provides the services in the initial stages of development the public service
providers avoid potential liability and expenses; 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 because;
The development plan was designed with consideration given to usable open space,pedestrian
pathways interior to the site, pedestrian access to Guerber Park, and improvements to open
space adjacent to State Highway 55; and
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares because;
Access to the development will be from Echohawk Way from Hill Road. The development
will include a stub street to the adjacent parcel to the south of this development which will
provide intra-neighborhood connectivity upon further development of said property. The
design and construction of the roadways and entrances is guided by the Ada County Highway
District; and
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
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 because;
The proposed development is in accordance with the Comprehensive Plan since the Plan calls
for Mixed Use for the overall development; 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 because;
This application requests approval for a development agreement in lieu of a PUD as outlined
in Eagle City Code and satisfies those requirements as well as will be required to meet the
conditions herein. In addition, the development 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
area for this proposed development justifies any proposed deviation from any standard district
regulations because;
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Residential is the only use approved for this development; and
m. That the development will not create excessive additional requirements at public cost for
public facilities and services because the facilities and services will be constructed at the
expense of the developer as conditioned herein; and
n. 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, water, or highway district. Because
the developer provides the services in the initial stages of development the public service
providers avoid potential liability and expenses.
4. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-04-14) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions)because:
a. The requested preliminary plat complies with the approved zoning designation of MU-DA
(Mixed Use with a development agreement).
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle
City Code since the development is consistent with the Comprehensive Plan Land Use Map
designation of Mixed Use (Guerber Park Planning Area) and provides the required
improvements for a subdivision or as may be conditioned herein; and
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use
will not change the essential character of the same area and because this site will be designed
in accordance with the requirements of the proposed development agreement modification,
standards of Eagle City Code and the Eagle Architecture and Site Design book(EASD); and
d. Will not create excessive additional requirements at public cost for facilities and services as
the site will be served with central sewer from the Eagle Sewer District and will use public
water to be served from Eagle Water Company. Fire protection will be available from the
Eagle Fire Department and fire hydrants will be provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference with
traffic on surrounding public thoroughfares since the project is required to be reviewed and
approved by the Idaho transportation Department and the Ada County Highway District and is
subject to the conditions herein; and
f. While there is no capital improvement program, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments provided, or as
conditioned herein, there is adequate public financial capability to support the proposed
development; and
h. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of the
preliminary plat and subsequent final plat approval as set forth within the conditions of
approval herein.
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DATED this 6th day of October, 2014.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho 1/-.
Don Roehling, Chairman 44 pR A rtes
U _
ATTEST: * Lose S
%NM kilo"
Sharon . Bergmann,Eagle City C -rk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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