Findings - PZ - 2014 - RZ-14-06 MOD2 & PP-03-14 - Da Mod/Pp Eagle Lofts Subdivision/ 82-Lot /18.58-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 EAGLE LOFTS )
SUBDIVISION FOR BHH INVESTMENTS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-14-06 MOD2 AND PP-03-14
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
consideration on September 15, 2014. The public hearing was continued to October 6, 2014, at which time
public testimony was taken and the public hearing was closed. The Commission made their
recommendation at that time. 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:
BHH Investments II, LLC, represented by KM Engineering, LLP is requesting a
development agreement modification (development agreement in lieu of a PUD) and
preliminary plat approval for Eagle Lofts Subdivision, an 82-lot(76-buildable, 5-common,
and 1-private street) residential subdivision. The 18.58-acre site is generally located on
the south side of Riverside Drive approximately 1,600-feet west of the intersection of
Riverside Drive and S. Edgewood Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:00 PM, Wednesday, June 25, 2014, in
compliance with the application submittal requirement of Eagle City Code. The
applications for these items were received by the City of Eagle on July 17, 2014. A revised
preliminary plat was submitted on September 19, 2014.
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 August 30, 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 26, 2014. Requests for agencies' reviews were transmitted on July 22,
2014, in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on August 28, 2014.
D. HISTORY OF PREVIOUS ACTIONS:
On January 16, 2007,the Eagle City Council approved applications for annexation,rezone
with a development agreement, preliminary plat, and conditional use permit for a height
exception for townhouses/condominiums, and design review for The Lofts at Eagle River
Subdivision(A-12-06/RZ-14-06, PP-15-06,CU-05-06,DR-57-06 and DR-58-06).
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On December 18, 2007, the Eagle City Council approved an extension of time for the
preliminary plat for The Lofts at Eagle River Subdivision to be valid until June 18, 2009
(PP-15-06).
On March 18, 2008, the Eagle City Council approved a modification of the conditional
use permit extending the timeframe to August 13, 2009, to obtain building permits for the
townhouses/condominiums to be located at The Lofts at Eagle River Subdivision (CU-05-
06 MOD).
On April 8, 2008, the Zoning Administrator approved an extension of time of the design
review for the common area landscaping, residential townhouses, and residential
condominiums for The Lofts at Eagle River Subdivision to be valid until August 13, 2009
(DR-57-06).
On April 14, 2009, the Eagle City Council approved an extension of time of the
preliminary plat for The Lofts at Eagle River Subdivision to be valid until June 18, 2010
(EXT-01-09).
On June 16, 2010, the Ada County Board of County Commissioners approved a
temporary permit for a summer concert series (eleven (11) concerts) to occur on the
property for Shannon Cook to be valid until October 31, 2010(201000242-TP-A).
On September 14, 2010, The Eagle City Council approved an extension of time for the
preliminary plat for The Lofts at Eagle River Subdivision with conditions. The extension
of time to be valid until June 18, 2011 (EXT-03-10).
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(Mixed Use with a Vacant parcel
development agreement)
Proposed No change No Change(Modification of Single-family residential
the existing development subdivision
agreement)
North of site Mixed Use MU-DA (Mixed Use with a Office buildings (Mixed
development agreement) Use Subdivision No. 4)
South of site Residential Two R-2 (Residential up to two(2) Boise River and residential
units per acre) subdivision (Nestled
Island Subdivision)
East of site Mixed Use MU-DA (Mixed Use with a Residential subdivision
development agreement) (Lonesome Dove
Subdivision)
West of site Mixed Use MU-DA(Mixed Use with a Vacant parcel (future
development agreement) Eagle River Apartments)
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G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site— 18.58-acres(9.54-acres outside of floodway)
Total Number of Lots—82
Residential—76
Commercial—0
Industrial—0
Common—6 (inclusive of private street)
Total Number of Units—76
Single-family—76
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 7.97-dwelling units per acre* Less than 20-dwelling units
per acre
Minimum Lot Size 3,038-square feet 5,000-square feet
Minimum Lot Width 49-feet 50-feet
Minimum Street Frontage 0-feet 35-feet
Total Acreage of Common Area 9.79-acres** 3.71-acres
Percent of Site as Common Area 55.27%** 20%
Except that, according to ECC
Section 9-3-8 (C)the City may
require additional public
and/or private park or open
space facilities in PUDs or in
subdivisions with 50 or more
lots.
*Based on area located outside of the floodway area.
**Based on area inclusive of floodway area and minus private street common lot.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The site is currently screened from East Riverside Drive by a landscaped berm which was
constructed as part of the Eagle River Development. There is a 10-foot wide pathway
located between the landscape berm and East Riverside Drive. The preliminary
engineering plan, date stamped by the City on September 19, 2014, shows a 12-foot wide
asphalt pathway (located within the Ballantyne Irrigation Ditch easement) providing
connectivity to the existing greenbelt pathway located in Lonesome Dove Subdivision.
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Open Space:
A total of 11.61-acres (inclusive of 1.34-acres of private street area measured from back of
curb to back of curb) of open space is proposed within the residential subdivision. The
common lots minus the private street lot is 9.79-acres in size and consists of five (5)
common lots. Two (2) common lots (Lot 38 and 82) contain the floodway area. Lot 38 is
shown to contain two(2)pathways providing connectivity to the greenbelt area. The three
remaining common lots (Lots 57, 66, and 75) provide a small open area between
residential lots and the private street.
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,
except that lesser easement widths, to coincide with respective setbacks, may be
considered as part of a planned unit development (PUD). The property has a MU-DA
(Mixed Use with a development agreement) zoning designation and the applicant is
requesting a development agreement modification to utilize the existing development
agreement in lieu of a PUD pursuant to Eagle City Code.
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:
The existing natural features on the site are located within the floodway area and will be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
J. STREET DESIGN:
Private or Public Streets:
The applicant is proposing to construct private streets within the development. The private
street section shows a 50-foot wide road section inclusive of a 29-foot wide roadway
section (as measured from back of curb to back of curb) with an eight-foot (8') wide
planter strip located on each side of the roadway. The private street section also shows
five-foot (5') wide detached sidewalks located on each side of the street. The sidewalks
are located within the individual lots. The sidewalks are separated from the street by an
eight-foot(8')wide planter strips.
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Applicant's Justification for Private Streets(if proposed):
In the applicant's narrative, date stamped by the City on September 19, 2014, the
applicant indicated they are proposing private streets due to ACHD maintenance vehicle
turnaround requirements. The applicant also indicated that the proposed high density
layout would be significantly impacted.
Blocks Less Than 500': None
Cul-de-sac Design:No cul-de-sacs are proposed.
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips
located on both sides of all interior private streets.
Curbs and Gutters:
Rolled curb and gutter are proposed for the interior streets.
Lighting:
Lighting for the proposed private 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 has not been received
to date. Approval from that committee is required prior to final plat approval.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
See"Open Space and Sidewalks"above.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L. PUBLIC USES PROPOSED:None proposed
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — yes — floodway area located adjacent to the Boise
River.
Evidence of Erosion—no
Fish Habitat—no
Floodplain—yes—floodway area to be preserved in its natural state
Mature Trees—yes—located within the floodway area
Riparian Vegetation—yes—located adjacent to the Boise River
Steep Slopes—no
Stream/Creek—yes—Boise River located adjacent to the southern boundary
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—no
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Wildlife Habitat—yes—within the natural area located adjacent to the Boise River
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the engineer's letter dated September 9, 2014, are of special
concern (attached to the staff report).
Ada County Highway District
Central District Health
Eagle Fire Department
Republic Services
Tesoro Logistics (formerly known as Chevron Pipe Line)
Q. 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:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or Development
Agreement process, see specific planning area text for a complete description. An allowable
density of up to 10 units per 1 acre.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency
Management Administration maps along the Boise River and Dry Creek (Generally shown on the
Land Use Map which is a part of this Plan). These areas are to remain open space because of the
nature of the floodway which can pose significant hazards during a flood event. Also, the
floodway areas shall not be considered as a part of the minimum area of open space required (as
required within the zoning ordinance) unless developed as noted within this paragraph. Floodway
areas shall be excluded from being used for calculating permitted residential densities. Any portion
of the floodway developed as a substantially improved wildlife habitat area open to the public, or
useable public open space, such as a pathways, ball fields, parks, or similar amenities as may be
approved by the City Council, may be credited toward the minimum open space required for a
development.
When discrepancies exist between the floodway boundary shown on the Land Use Map and the
floodway boundary shown on the Federal Emergency Management Administration maps such that
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the floodway area is smaller than that shown on the Land Use Map the adjacent land use
designation show shall be considered to abut the actual floodway boundary.
When new floodway boundaries are approved by FEMA and/or the City, the floodway area on the
Comprehensive Plan Land Use Map should be revised to reflect any new floodway line.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-2-1: Districts Established:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as
limited office, limited commercial, and residential. This district is intended to ensure
compatibility of new development with existing and future development. It is also
intended to ensure assemblage of properties in a unified plan with coordinated and
harmonious development which shall promote outstanding design without unsightly and
unsafe strip commercial development. Uses should complement the uses allowed within
the CBD zoning district. All development requiring a conditional use permit in the MU
zoning district, as shown in section 8-2-3 of this chapter, shall occur under the PUD
and/or development agreement process in accordance with chapter 6 or 10 of this title
unless the proposed development does not meet the area requirements as set forth in
section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with
adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise
a conditional use permit shall be required unless the proposed use is shown as a permitted
use in the MU zoning district within section 8-2-3 of this chapter. Residential densities
shall not exceed 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.
• Eagle City Code Section, 8-2-4 Schedule of Building Height and Lot Area Requirements:
G. All front load garages shall be set back a minimum of 25 feet from the back of
sidewalk.
• Eagle City Code, Section 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development(PUD)so as
to provide an enhanced integration of open space and a variety of housing options,the
following design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying
zone as established in section 8-2-4 of this title, except that a decrease in the minimum
lot size may be allowed if there is an "offsetting increase" of the same square footage
in open space and a favorable finding is made by the council that the smaller lots are
appropriately integrated into the overall design and that the building product type is
compatible with the PUD and surrounding area.
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As an incentive to submit a PUD versus a standard subdivision, the initial starting point
for minimum open space, prior to any "offsetting increase" being added, shall be the area
that is equal to ten percent(10%)of the site. This allowance shall only be permitted under
the following criteria:
1. The total common area open space shall be equal to or greater than twenty percent
(20%), inclusive of the "offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity
and architectural and siting variation are incorporated into the development and that
these factors make up a substantial contribution to the objectives of the PUD. These
design elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway 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,
variation in building setbacks and building grouping(such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone
under section 8-2-4 of this title.
• Eagle City Code, Section 8-7-3-3 Public Sites and Open Spaces:
B. Natural Features: Existing natural features which add value to residential development
and enhance the attractiveness of the community(such as trees, watercourses, historic
spots and similar irreplaceable assets)shall be preserved in the design of the
development.
• Eagle City Code, Section 8-10-1(G): Modification of a Development Agreement:
Modification Of Development Agreement: A development agreement may be modified by
the city council only after complying with the notice and public hearing provisions of
section 67-6509 of the Idaho Code.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 9-1-6:
LARGE SCALE DEVELOPMENT: A subdivision, the size of which consists of fifty(50)
or more lots or dwelling units.
• Eagle City Code, Section 9-3-2: Streets and Alleys:
o Section 9-3-2-1: Location and Design:
Streets and road location and design shall conform to the following standards:
I. Private Streets: Private streets that provide access to no more than ten percent(10%)
of the lots may be permitted within planned unit developments provided that the
standards within section 9-3-2-5 of this chapter are met.
J. Driveways: Driveways providing access to no more than two (2) dwelling units shall
be allowed within any subdivision.
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o Section 9-3-2-5: Private Streets:
Private streets may be permitted, in the discretion of the council, subject to the following:
A. Compliance: Private streets may provide access to no more than ten percent(10%)of
the lots within a planned unit development provided the council determines that the
private streets are in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings
such that private streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular
and pedestrian traffic, sidewalks, and parking.
3. The private streets shall provide adequate access for service and emergency
vehicles.
4. The private streets do not adversely affect access or good transportation planning
to adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel
layout.
6. Other than to provide emergency access,the private streets do not connect one
public street to another, thereby encouraging travel through the development
served by the private street.
7. The use or alignment of the private streets does not interfere with the continuity of
public streets.
8. An appropriate mechanism has been established for the repair and maintenance of
the private streets, including provisions for the funding thereof.
B. Construction And Design Standards: Private streets shall conform to the following
construction and design requirements:
1. All private street construction shall be in accordance with Ada County Highway
District's structural standards for streets including base course and asphaltic
concrete mat thickness utilizing the appropriate traffic index or as may be
recommended by the city engineer and approved by the city council, and shall
further be in accordance with Ada County highway district's intersection design
and drainage requirements, or as may be recommended by the city engineer and
approved by the city council.
2. Except as may be otherwise set forth in this section, private streets shall meet such
design and dimensional requirements as the council may determine are
appropriate considering the proposed use and the site upon which the private
streets are to be placed, however, all private streets shall contain paved travel
lanes a minimum of twelve feet (12') in width (except as noted herein) and shall
otherwise provide for the safe, convenient, and effective movement of both
vehicular and pedestrian traffic. Vertical curbing shall be provided for streets that
are less than thirty four feet(34') in total width.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including,
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but not limited to, designated parking and "no parking" areas, speed, stop, and
such other signs as are required for safe pedestrian and vehicle travel.
5. All private streets shall, during the progress of construction, be inspected and
tested, at the expense of the owner or developer, by a qualified inspector in order
to ensure compliance with the construction and design standards set forth in this
section, the construction drawings as prepared by the registered professional
engineer, and good engineering and construction practices. Reports of such
inspections and tests shall be submitted, together with a certification of such
compliance, for the review and approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public
right of way, or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-
1G of this chapter and subject to the approval of the Eagle fire district and
city engineer and provided further that proper maintenance of the island is
provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the
Eagle fire district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer, and city council.
7. The design of all private streets and related storm drainage facilities shall be
prepared by a licensed professional engineer in the state in substantial
conformance with engineering and design standards in effect at the time of
preparation of the design. Construction drawings, together with a certification of
such conformity, shall be submitted for the review and approval by the city
engineer. No part of this section shall be construed as allowing a private street that
is not in conformance with current engineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more
restrictive standard shall prevail, unless specifically determined otherwise by the
city council.
C. Access And Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost
estimate therefor prepared by a licensed professional engineer in the state,
together with a proposed method for funding the same, including, but not limited
to, the creation and maintenance of a reserve fund for that purpose, shall be
submitted with the final plat application for review and approval by the city
engineer and city council.
2. The location of the private street shall be clearly depicted on the face of the plat
and notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the
private street the perpetual right of ingress and egress over the described
private street;
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b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street
cannot be modified and the homeowners'/property owners'association or other
entity cannot be dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be
recorded at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private street in accordance with
the approved plan as provided for in subsection Cl of this section. Said restrictive
covenant shall also provide that the said covenant shall run with the land and that
the said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the
city. The said restrictive covenant shall be reviewed and approved by the city
attorney prior to certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or
the entity responsible for the maintenance of any private street approved in
accordance with the provisions of this section to undertake such repair and
maintenance activities as it may determine is necessary to protect the public
health, safety, or welfare and make such expenditures from the funds reserved
therefor as may be required thereby; and the owner or responsible entity shall, as a
condition of approval of any such private street, be deemed to have agreed to
comply with any such order and to reimburse the city all of its costs, including
attorney fees, incurred in obtaining or enforcing any such order. Any order entered
by the council pursuant to this subsection may be enforced by a court of
competent jurisdiction and the city shall be entitled to recover its costs and
attorney fees incurred in connection therewith.
.D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform
to all applicable components of the comprehensive plan.
• Eagle City Code Section, 9-3-5: Lots:
A. Zoning: Lots within any subdivision shall comply in all respects with the official
height and area regulations as set forth in section 8-2-4 of this code, except that lot
sizes that vary from the standards within section 8-2-4 of this code may be considered
as part of the planned unit development.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines. Total easement width shall not be less than twelve feet(12'), except that
lesser easement widths, to coincide with respective setbacks, may be considered as
part of the planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that
lesser easement widths, to coincide with respective setbacks, may be considered as
part of the planned unit development.
• Eagle City Code Section 9-3-7: Planting Strips and Reserve Strips:
Planting strips and reserve strips shall conform to the following standards:
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A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed
next to incompatible features such as highways, railroads, commercial or industrial
uses to screen the view from residential properties and to provide noise mitigation for
those residents. Such planting strips/buffer areas shall be a minimum of twenty feet
(20') wide unless a greater width is required within section 8-2A-7 of this code. The
landscape strip/buffer area shall not be a part of the normal street right of way and
shall comply with all landscape/buffer area requirements within section 8-2A-7 of this
code.
• 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.
2. The requirement for installation of a pressurized irrigation system may be waived
by the city council when the applicant has established that any of the following
situations exist(the sale or transfer of an existing water right shall not be grounds
for requesting a waiver pursuant to this provision):
a. Where a sufficient surface irrigation water right does not exist for the property.
The lack of surface irrigation water right shall be documented in writing by
the appropriate irrigation district or canal company and the department of
water resources and shall be submitted with the subdivision preliminary plat.
In this case a waiver shall only be granted for that portion of the subdivision
that cannot be served.
b. Where an existing surface water right cannot be delivered to the property by
an irrigation district or canal company due to current delivery capacity or
scheduling. In these situations the city council may still require the installation
of the pressure irrigation system, provided water rights can be made available
to the property and delivery system modifications can be made so irrigation
water can be supplied within two(2)years.
c. Where the applicant has provided for another means of delivery such as flood
irrigation, if approved by the city engineer. The applicant shall present the
proposed alternative delivery system to the city engineer at the time the waiver
is requested.
d. That due to the specific circumstances surrounding a new subdivision,the cost
of obtaining water rights, reestablishing water rights or developing the system
would impose an undue economic hardship on the developer. For purposes of
this section, an undue economic hardship shall consist of a showing that the
cost per lot to develop the pressurized irrigation system would be twenty five
percent (25%) higher than the cost per lot for providing a pressurized
irrigation system to subdivisions of similar size and density constructed in the
city within the previous two (2) years; or the cost per lot of the pressurized
irrigation system would exceed five percent (5%) of the expected per lot
market value of the subdivision.
The developer shall bear the burden of providing documentation, acceptable
to the city engineer and city council, demonstrating and supporting the
estimated costs of construction of the pressurized irrigation system, and the
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cost per lot for irrigation systems in those subdivisions built in the last two (2)
years as noted above, and the expected market value of the subdivision lots.
For phased developments, costs will be analyzed over all phases of the
development rather than the first phase only.
3. Should installation of a pressurized irrigation system be waived by the city
engineer, as outlined herein, compliance to Idaho Code 31-3805 is still required.
4. Requests for waivers shall be submitted to the city with the preliminary plat
application and shall be accompanied by an irrigation report, prepared by a
licensed Idaho registered professional engineer, stating the location and
availability of surface irrigation water and documenting the basis for the waiver
request. If applicable, the irrigation report shall be accompanied by a letter from
the irrigation district or canal company stating that water rights and/or a delivery
system are not available to the property.
• Eagle City Code, Section 9-5-5: Large Scale Development Subdivision; Required Information
Large scale development subdivisions proposed within the R-2, R-3, R-4, and MU zoning
districts shall be submitted as planned unit developments. Due to the impact that a large
scale development would have on public utilities and services, the developer shall submit
the following information along with the preliminary plat:
A. Identification of all public services that would be provided to the development
including, but not limited to, fire protection, police protection, central water, central
sewer, road construction, parks and open space, recreation, maintenance, schools and
solid waste collection;
B. Estimate of the public service costs to provide adequate service to the development;
C. Estimate of the tax revenue that will be generated from the development; and
D. Suggested public means of financing the services for the development if the cost for
the public services would not be offset by tax revenue received from the development.
• Eagle City Code, Section 9-5-7: Subdivision Within A Floodplain:
In addition to the provisions of this title, any subdivision within the designated floodplain
of the city shall comply with all applicable provisions of the floodplain regulations of the
city as now in effect or as may hereafter be amended.
• Eagle City Code, Section 9-5-8: Subdivision Within An Area Of Critical Concern:
A. Designation Of Areas Of Critical Concern: Hazardous or unique areas may be
designated as areas of critical concern by the city council or by the state of Idaho.
Special consideration shall be given to any proposed development within an area of
critical concern to assure that the development is necessary and desirable and in the
public interest in view of the existing unique conditions. Hazardous or unique areas
that may be designated as areas of critical concern are as follows:
3. Unique animal life;
4. Unique plant life;
5. Scenic areas;
7. Floodplain;
8. Center city;
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B. Environmental Assessment Plan: The developer shall prepare and submit an
environmental assessment along with the preliminary plat application for any
development that is proposed within an area of critical concern.
The contents of the environmental assessment shall be prepared by an interdisciplinary
team of professionals that shall provide answers to the following questions:
1. What changes will occur to the area of environmental concern as a result of the
proposed development?
2. What corrective action or alternative development plans could occur so as not to
significantly change the area of environmental concern?
3. What changes in the area of environmental concern are unavoidable?
4. What beneficial or detrimental effect would the development have on the
environment including, but not limited to, animal life, plant life, social concerns,
economic, noise, visual, available farmland and other?
C. Areas Of Critical Concern: The following areas are specifically identified as areas of
critical concern:
1. Boise River Floodplain: The Boise River floodplain and certain intervening and
immediately adjacent areas are designated as areas of critical concern due to their
ecological and scenic significance. This area comprises the two(2)channels of the
Boise River and intervening and immediately adjacent areas, as depicted on the
land use designation map of the comprehensive plan adopted by the city of Eagle
on May 11, 1993, as a "special area", including that portion in the Eagle impact
area.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• See Staff Recommendation for Development Agreement Modification (See page 5 of the
staff report).
E. DISCUSSION:
• The Eagle Comprehensive Plan Land Use Map designates the property as Mixed Use,
Floodway, and Scenic Corridor. The applicant has submitted a development agreement
modification and a preliminary plat application for Eagle Lofts Subdivision, which
consists of 18.58-acres. The applicant is proposing an 82-lot (76-buildable, 5-common,
and 1-private street) single-family residential subdivision. The proposed density of 7.97-
dwelling units per acre is based on the area located outside of the floodway area. The
residential area of the proposed development provides building lots ranging in size from
3,038-square feet to 5,715-square feet in size. The property was zoned MU-DA (Mixed
Use with a development agreement) because the previous applicant received approval for
a multi-family residential development and utilized the MU-DA (Mixed Use with a
development agreement) in lieu of a planned unit development. The applicant is
requesting a modification of the development agreement and will also be utilizing the
development agreement in lieu of a planned unit development. The Mixed Use (MU)
zoning designation requires a minimum lot size of 5,000-square feet. The applicant is
proposing 11.61-acres of common area which includes the private street common lot.
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• The preliminary plat, date stamped by the City on September 19, 2014, does not contain a
plat note referencing the development agreement associated with the rezone (application
#RZ-14-06) of the property. The original development agreement has been modified since
the original approval. Since the development agreement is being utilized in lieu of a
planned unit development the applicant should provide a revised preliminary plat which
includes a new plat note stating, "All development within this subdivision shall be
consistent with the Conditions of Development of the development agreement associated
with RZ-14-06 MOD2 and subsequent modifications. The revised preliminary plat should
be provided prior to submittal of a final plat application.
• Plat note #1 of the preliminary plat, date stamped by the City on September 19, 2014,
states that, "An 11-foot wide public utility and drainage easement will be provided along
Kaysa Lane, Lone Creek Drive, Addison Lane and Lone Shore Drive". The separated
sidewalks located adjacent to the streets are located within the aforementioned easements
on the individual residential lots. The applicant should provide a revised preliminary plat
with the easement language contained in plat note #1 revised to include the separated
sidewalks allowing for pedestrian accessibility prior to submittal of a final plat application.
• The preliminary plat, date stamped by the City on September 19, 2014, identifies cross
access easements providing access to the residential lots that do not have frontage to the
private streets. The final plat should identify the cross access easements (driveways)
providing access to the residential lots that do not have frontage to a private street. The
final plat should also contain a plat note that: 1) conveys to the lot owners served by the
cross access easement a perpetual ingress and egress over the cross access easement and 2)
provide that such perpetual cross access easement should run with the land and 3) provide
that the homeowners who do not have frontage to a public street have the duty to maintain
and operate the driveways, located within the cross access easements, including the repair
and maintenance of the driveway surface, in perpetuity.
• Plat note #7 on the preliminary plat, date stamped by the City on September 19, 2014,
states that, "The following lots are designated as common lots: Lots 11, 38, 57, 66, 75."
The proposed private street is located within Lot 11. The applicant should provide a
revised preliminary plat with plat note #7 revised to read, "Lot 11 is designated as a
private street and Lots 38, 57, 66, and 75 are designated as common lots which shall be
owned and maintained by the Eagle Lofts Homeowner's Association." The revised
preliminary plat should be provided prior to submittal of a final plat application.
• The preliminary plat, date stamped by the City on September 19, 2014, notes and shows
the subdivision will be served by private streets. The applicant's justification for the
private streets is that due to ACHD's maintenance vehicle turnaround requirements the
high density layout would be significantly impacted. Pursuant to Eagle City Code Section
9-3-2-5(A), private streets may provide access to no more than 10-percent (10%) of the
lots within a planned unit development provided the Council determines that the private
streets are in compliance with specific standards. Those standards include safe and
effective movement of both vehicular and pedestrian traffic, sidewalks, and parking,
private streets do not adversely affect access to adjacent property and to the area travel
networks, private streets do not land lock adjacent property, the private streets do not
connect one public street to another, and the alignment of the private streets does not
interfere with the continuity of public streets. Staff will defer to the Commission and
Council regarding the approval of this request. Should the Council approve the
development with a private street, the applicant should provide a revised preliminary plat
which contains plat notes that: 1) conveys to each lot owner within the subdivision to be
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served by the private street the perpetual right of ingress and egress over the described
private street, 2) provide that such perpetual easement shall run with the land, 3) provide
that the restrictive covenant for maintenance of the private street cannot be modified and
the homeowners'/property owners' association or other entity cannot be dissolved without
the express consent of the City. The revised preliminary plat should be provided prior to
submittal of a final plat application.
• The preliminary engineering plan, date stamped by the City on September 19, 2014,
shows a typical 29-foot wide street section (measured from back of curb to back of curb)
with rolled curb and gutter. Pursuant to Eagle City Code, Section 9-3-2-5(B)(2), vertical
curbing is required for streets less than 34-feet in width. Should the private streets be
approved the applicant should provide a revised preliminary engineering plan containing a
typical street section showing the private streets to be bordered by vertical curbing prior to
submittal of a final plat application.
• The preliminary engineering plan, date stamped by the City on September 19, 2014,
shows three (3) lots (Lots 47-49) taking access from Kaysa Lane from a single driveway.
Pursuant to Eagle City Code Section 9-3-2-1(J), driveways providing access to no more
than two (2) dwelling units shall be allowed within any subdivision. The applicant should
provide a revised preliminary engineering plan showing that no more than two (2)
dwelling units are taking access from a single driveway prior to submittal of a final plat
application.
• The applicant has requested a waiver to the requirement of providing pressurized
irrigation. The applicant narrative, date stamped by the City on September 19, 2014,
indicated that although the property has irrigation water rights there is no delivery point
for irrigation water due to being cut off during the course of development to the area.
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. The public hearing was continued to October 6, 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 the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The subdivision layout is attractive
• The proposed private roads will adequately serve the development
• Storm water facilities will need to be addressed at the time of final plat
• The subdivision will have a nice visual impact and will benefit the area
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• Due to the irrigation access being compromised the requested pressurized irrigation waiver
request is warranted
• The applicant is requesting two (2) exceptions to Eagle City Code in regard to allowing
more than 10% of the lots within the subdivision to be accessed by private streets and the
number of dwellings to be served by a single driveway
• The Council has supported exceptions to allowing private streets to serve more than 10%
of the residential lots located within a subdivision
COMMISSION DECISION REGARDING THE DEVELOPMENT AGREEMENT
MODIFICATION AND DEVELOPMENT AGREEMENT IN LIEU OF A PUD:
The Commission voted 3 to 0 (Wright and Koellisch absent) to recommend approval of RZ-14-06
MOD2 for a development agreement modification and development agreement in lieu of a PUD for
BHH Investments II, LLC, with the following modifications to the existing development agreement:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, 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.
3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in
that concept may occur. If the City 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 Concept Plan, notice shall be provided as may be
required by the City.
3.3 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that
the property has been annexed into the Eagle Sewer District's service boundaries. The
applicant shall also provide documentation from Eagle Sewer District approving the final
construction plans prior to submittal of the final plat application. A letter of approval shall be
provided to the City from the Idaho Department of Health and Welfare, Division of
Environmental Quality, and/or Central District Health, that the install system is approved prior
to issuance of any building permits.
3.4 As provided by the applicant, the architecture as shown on Exhibit"D"shall be the required
architecture standard for the development. The applicant shall create an architectural control
committee (ACC)as a component of the development's CC&R's. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&R's, and shall be
reviewed and approved by the City attorney prior to the approval of a condominium plat or
issuance of a zoning certificate, whichever occurs first.
The submittal of a building permit application to the City for all buildings within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not
be accepted.
3.5 The owner shall submit a Design Review application for the site (as required by Eagle City
Code) and shall comply with all conditions required by the City of Eagle as a part of the
Design Review prior to submitting application for final plat approval.
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3.6 The conditions, covenants, and restrictions for the Property shall contain at least the following:
(a) 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.
(b) A maintenance manual for the private streets requiring the association(s) shall have the
duty to maintain and operate all of the private streets including the repair and replacement
of asphalt and sidewalks.
(c) Provide that the homeowners who do not have frontage to a public street have the duty to
maintain and operate the driveways, located within the cross access easements, including
the repair and maintenance of the driveway surface, in perpetuity.
3.7 The Concept Plan shows the locations for all buildings within the development. The Setbacks
shall be as follows(Exhibit E):
Front(adjacent to street) 11 feet
17 feet(to garage)(measured from
back of sidewalk)
Front(no street frontage) 5 feet
Rear 5 feet
Sides 5 feet
Maximum coverage 60%
3.8 Owner shall provide a report or analysis of any proposed changes to wetlands located on the
Property and any such change shall be contingent upon approval by the Army Corps of
Engineers, Idaho Fish & Game Department (if applicable), the Idaho Department of Water
Resources (if applicable), Ada County, and any other appropriate governmental agencies, and
shall be in accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all
development and improvement of the Property shall comply with rules and regulations
pertaining to regulated wetlands prior to submittal of a final plat application.
3.9 The owner shall provide an Environmental Impact Assessment to the City with an analysis of
the proposed changes and how it will affect the area and if changes could be made to the plan
that would not significantly change the area. The Environmental Impact Assessment shall be
provided prior to the City Council approving a preliminary plat.
3.10 Owner shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6, a minimum twelve foot(12')wide asphalt public pathway along the portion
of the Property adjacent to the Ballantyne Irrigation Canal. The specific location and design of
the pathway shall be approved by the City of Eagle Park and Pathway Development
Committee prior to submittal of a design review application. The asphalt pathway shall be
located in a recorded easement or easements dedicated to and accepted by Eagle as provided in
Eagle City Code Section 9-4-1-6(E)(2). The instrument number of the recorded easement or
easements shall be referenced on the face of the plat, upon recordation of the final plat(s)
wherein the pathway is located. Other than any pathways approved by Eagle, development
within the Floodway and the open space area between the development and the Boise River
shall be prohibited.
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3.11 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of a Design review application. The plans shall show how the
lights will facilitate the "Dark Sky"concept of lighting.
3.12 The owner shall provide documentation of an approved 404-Permit for work within any
wetlands on site prior to the City issuing a zoning certificate for the property.
3.13 The Owner shall provide an access easement as required by the Ballantyne Irrigation Ditch
Company prior to issuance of a zoning certificate.
3.14 Provide an approved Land Use Change/Site Development Application from Boise River Flood
Control District No. 10 prior to submitting a final plat application.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3to 0 recommend approval of PP-03-14 for a preliminary plat for Eagle Lofts
Subdivision, for BHH Investments II, LLC, 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-14-06
MOD2.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
4. Provide a revised preliminary plat which includes a new plat note stating, "All development within
this subdivision shall be consistent with the Conditions of Development of the development
agreement associated with RZ-14-06 MOD2 and subsequent modifications. The revised
preliminary plat shall be provided prior to submittal of a final plat application. (ECC 8-2-1)
5. Provide a revised preliminary plat with the easement language contained in plat note#1 revised to
include the separated sidewalks allowing for pedestrian accessibility prior to submittal of a final
plat application.
6. The applicant shall provide a revised preliminary plat showing public streets,-, or Iif the City
Council approves the proposed private streets the applicant shall provide a revised preliminary plat
which contains a plat note that a) conveys to each lot owner within the subdivision to be served by
the private streets the perpetual right of ingress and egress over the described private street, b)
provide that such perpetual easement shall run with the land, c) provide that the restrictive
covenant for maintenance of the private street cannot be modified and the homeowners'/property
owners' association or other entity cannot be dissolved without the express consent of the city. The
revised preliminary plat shall be provided to the City prior to submittal of a final plat application.
(ECC 9-3-2-5[C][2])
7. Provide a revised preliminary engineering plan containing a typical street section showing the
private streets to be bordered by vertical curbing prior to submittal of a final plat application. (ECC
9-2-3-5[B][2])
8. Provide a revised preliminary engineering plan showing that no more than two (2) dwelling units
are taking access from a single driveway prior to submittal of a final plat application. (ECC 9-3-2-
1[J])
9. The final plat shall identify the cross access easements (driveways) providing access to the
residential lots that do not have frontage to a private street. The final plat should also contain a plat
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note that: 1) conveys to the lot owners served by the cross access easement a perpetual ingress and
egress over the cross access easement and 2) provide that such perpetual cross access easement
shall run with the land.
10. Provide a revised preliminary plat with plat note #7 revised to read, "Lot 11 is designated as a
private street and Lots 38, 57, 66, and 75 are designated as common lots which shall be owned and
maintained by the Eagle Lofts Homeowner's Association." The revised preliminary plat shall be
provided prior to submittal of a final plat application. (ECC 9-3-2-5 [C][2])and ECC 9-3-8[D][4])
11. The applicant shall submit a Design Review application with a landscape plan showing the
required improvements (berming, landscaping, and sidewalk) within the common lots for review
and approval by the Design Review Board prior to the submittal of a final plat application. (ECC
8-2A-7)
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. (ECC 8-2A-7)
13. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal by
the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review
Board's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
14. The Eagle Lofts Subdivision shall remain under the control of one Homeowners Association.
(ECC 9-3-4 [D][4])
15. The applicant shall place a note on the final plat that the pressurized irrigation system and all
common lots are to be owned and maintained by the Homeowner's Association. (ECC 9-4-1-
9[C][1][a] and ECC 9-3-8[D][4])
16. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][1])
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.
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3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
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.
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12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch,pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.The applicant shall delineate on the face of the final plat an
easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light
fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City
Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
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
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Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
- - = • -- staff and the City Engineer 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
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improvements (see resolution 98-3)prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet
above the ground)noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on-site at 6:00 PM, Wednesday, June 25, 2014, in compliance with
the application submittal requirement of Eagle City Code. The applications for these items were
received by the City of Eagle on July 17, 2014. A revised preliminary plat was submitted on
September 19, 2014.
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 August 30, 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 26, 2014. Requests for agencies' reviews
were transmitted on July 22, 2014, in accordance with the requirements of the Eagle City Code. The
site was posted in accordance with the Eagle City Code on August 28, 2014.
3. The Commission reviewed the particular facts and circumstances of this proposed development
agreement modification (RZ-14-06 MOD2) 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
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;
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c. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with the
MU-DA (Mixed Use with a Development Agreement) zone and land use to the north since the
subject area is currently buffered from Mixed Use Subdivision No. 4 and East Riverside
Drive; and;
d. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with the R-
2 (Residential — up to two (2) units per acre) zone and land use to the south since the subject
area will be developed with single-family residential uses and will be buffered from Nestle
Island Subdivision by the Boise River; and;
e. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with MU-
DA (Mixed Use with a Development Agreement) zone and land use to the east since this
development will be constructed in a similar manner; and;
f. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with the
MU-DA (Mixed Use with a Development Agreement) zone and land use to the west since the
adjacent property located west to the subject area is being developed with multi-family
dwellings; and;
g. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan, however, the floodway area is going to remain in its
natural state; 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 Eagle Lofts Subdivision is to provide a residential project with a unique product,
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 located on the adjacent parcel to the east and west of the proposed development
and the multi-family residential project currently being developed on the adjacent parcel to the
west of the proposed development.
c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses because;
Eagle Lofts Subdivision is proposed to be developed in a manner harmonious with existing
and future uses in the immediate vicinity (Lonesome Dove Subdivision and Eagle River
Apartments); 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.
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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. Eagle Lofts Subdivision will be served by East Riverside
Drive; and
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools 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 the greenbelt, and improvements to open
space located adjacent to the Boise River; 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 East Riverside Drive (urban collector). The
development will also include an emergency access to East Lone Creek Drive. The interior
streets will be private and will be constructed in conformance with standards pursuant to Eagle
City Code; 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;
The applicant is proposing to maintain the floodway area in its natural state; 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
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I. 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;
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-03-14) 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 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 20th day of October, 2014.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho 'so a
aasu ..,.'
, .e 7:0411 1,11 A 0 4.46 #c
(ES Trent Wright, Vice Chairma +QORgp4*
it S
V •.• •.
ATTEST: • it se
Wt. r.abi
Sharon . Bergmann, Eagle City lerk •'44.•ems''.a
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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