Findings - CC - 2014 - RZ-20-06 MOD /PP-06-14 - Da Mod In Lieu Of Pud/87 Lot/22.17 Acre BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION,DEVELOPMENT )
AGREEMENT IN LIEU OF A PUD,AND )
PRELIMINARY PLAT FOR RIVERSCAPE )
SUBDIVISION FOR OC HOLDINGS, INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-20-06 MOD AND PP-06-14
The above-entitled development agreement modification, development agreement in lieu of a PUD, and
preliminary plat applications came before the Eagle City Council for their action on December 16, 2014.
The City Council, having heard and taken oral and written testimony, and having duly considered the
matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
OC Holdings, Inc., represented by Dave Yorgason with Tall Timber Consulting, is
requesting a development agreement modification (development agreement in lieu of a
PUD) and preliminary plat approval for Riverscape Subdivision, an 87-lot (79-buildable,
7-common, and 1-private street) residential subdivision. The 22.17-acre site is generally
located at the southwest corner of West Old Valley Road and North Linder Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Fellowship Hall at the Hope Lutheran Church
located at 331 North Linder Road, Eagle, ID, 83616, at 7:00 PM, Monday, August 11,
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 August 21, 2014. A
revised preliminary plat was provided on October 8, 2014, and a second revised
preliminary plat was provided on October 29, 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 October 13, 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 October 10, 2014. Requests for agencies' reviews were transmitted on August
26, 2014, in accordance with the requirements of the Eagle City Code. The site was posted
in accordance with the Eagle City Code on October 22,2014.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on December 1, 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 November 25,
2014. The site was posted in accordance with the Eagle City Code on December 3, 2014.
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D. HISTORY OF PREVIOUS ACTIONS:
On January 16, 2007, the City Council approved applications for an annexation and
rezone with a development agreement for a multi-family residential condominium project
for The Orchards at Eagle River(A-15-06/RZ-20-06).
On May 31, 2007, the City Council approved a design review for the common area
landscaping, clubhouse facility, and 32-duplex homes for The Orchards at Eagle (DR-18-
07).
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, Residential MU-DA (Mixed Use with a Vacant parcel
One, Floodway, and development agreement)
Scenic Corridor overlay
Proposed No change No Change(Modification of Single-family residential
the existing development subdivision
agreement)
Commercial C1-DA (Neighborhood
North of site Business District with Vacant parcel
Development Agreement)
South of site Residential Estates and RUT(Rural-Urban Boise River
Floodway Transition—Ada County
designation)
East of site Mixed Use, Residential RUT(Rural-Urban Single-family residential
One, Floodway, and Transition—Ada County subdivision(Compton
Scenic Corridor overlay designation) Andrews Tract)
West of site Mixed Use, Residential R-4-DA-P(Residential with a Single-family residential
One,Residential Estates, development agreement and subdivision(HCR/Level 3
and Scenic Corridor PUD) Subdivision)
overlay
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site—22.17-acres
Total Number of Lots—87
Residential—79
Commercial—0
Industrial—0
Common—8 (inclusive of private street)
Total Number of Units—79
Single-family—79
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Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
ADDITIONAL SITE DATA PROPOSED
Dwelling Units Per Gross Acre 3.56 -dwelling units per acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
Percent of Site as Common Area
5,000 -square feet
50 -feet
15 -feet
9.23 -acres**
41.63%**
REQUIRED
Up to 13.6 -units per acre
maximum*
5,000 -square feet
50 -feet
35 -feet
4.43 -acres (minimum)
20% (minimum)
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.
* The site has two (2) Comprehensive Plan Land Use density designations (Mixed Use and Residential
One). The allowable density is based on the total maximum units allowed pursuant to the Comprehensive
Plan Land Use designations.
**Based on area inclusive of floodway area and minus private street common lot.
I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat, date stamped by the City on October 29, 2014, shows a 75 -wide
common lot located adjacent to South Linder Road to provide for a landscaped buffer area
as required pursuant to Eagle City Code Section 8-2A-7(J)(4)(c). The preliminary plat also
shows a proposed eight -foot (8') wide asphalt paved greenbelt pathway to be located in
proximity to the southern property line and the Boise River.
Open Space:
The preliminary plat, date stamped by the City on October 29, 2014, shows a total of 9.23 -
acres of open space. The common area consist of seven (7) common lots (minus the
private street). Lot 5, Block 2, contains a large pond and a small area for drainage. Lot 1,
Block 1 and Lot 2, Block 2, contain the required landscape buffer area located adjacent to
South Linder Road. Lot 17, Block 1 and Lot 42, Block 2, contain buffer areas located
adjacent to West Old Valley Road. Lot 26, Block 1, is shown to contain a 20 -foot wide
greenbelt/Pioneer Irrigation easement with an eight -foot (8') wide asphalt pathway and a
small area for drainage. Lot 11, Block 2, contains a drainage area.
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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)—Yes
Prior to 2009, there were dwellings located in proximity to the northern portion of the site.
The applicant will be required to obtain the proper permits and abandon any septic
systems prior to the City Clerk signing the final plat.
Preservation of Existing Natural Features:
The existing natural features (riparian forest and the Boise River) on the site are located in
proximity to the southern boundary of the site 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 40-foot wide road section inclusive of a 29-foot wide roadway
section (as measured from back of curb to back of curb) with standard rolled curb and
gutter located on each side of the street. The private street section also shows five-foot(5')
wide attached sidewalks located on each side of the street.
Applicant's Justification for Private Streets(if proposed):
In the applicant's narrative, date stamped by the City on August 21, 2014, the applicant
indicated they are proposing private streets for the following reasons: 1) private streets
were approved with the original application for the Orchards at Eagle, 2) the site has no
access to the west (HCR/Level 3 Subdivision), the Boise River is located to the south, the
turning movement on Old Valley Road is limited right-in, right-out due to medians located
on South Linder Road, so the best access is from South Linder Road, and with the
approval of private streets it will not cut off access to adjacent parcels, 3) the proposed
private streets meet the approval of the Eagle Fire Department, and 4) in conversation with
ACHD it was indicated they will support the private streets due to limited access, no
access is cut off to adjacent parcels and a through street connection is no longer feasible.
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Blocks Less Than 500':None
Cul-de-sac Design:
One (1)cul-de-sac is proposed for this site:
The cul-de-sac (South Grove Park Place) is approximately 830-feet in length and is
located adjacent to the western boundary line within the southern portion of the site.
Sidewalks:
An attached five-foot (5') wide concrete sidewalk is proposed to be 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—yes—existing pond
Floodplain—yes—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
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
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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 October 30, 2014, are of special
concern(attached to the staff report).
City Parks and Recreation Director: All comments within the Parks and Recreation Director's
letter dated September 19, 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.
Residential One
Suitable primarily for single family residential development within areas that are rural in character.
An allowable density of up to 1 unit 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.
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When discrepancies exist between the floodway boundary shown on the Land Use Map and the
floodway boundary shown on the Federal Emergency Management Administration maps such that
the floodway area is smaller than that shown on the Land Use Map the adjacent land use
designation show shall be considered to abut the actual floodway boundary.
When new floodway boundaries are approved by FEMA and/or the City,the floodway area on the
Comprehensive Plan Land Use Map should be revised to reflect any new floodway line.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
6.8 Land Use Sub Areas
6.8.1 Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community commercial,
professional office, and a variety of residential densities. The vision for the area is to recognize the
activity center created by Eagle High School and existing development approved by Ada County
and to provide compatible land uses at densities that accommodate pedestrian scale design and
future mass transit.
A. Uses
The land use and development policies specific to the Park Lane Planning Area include the
following:
1. Parcel specific community commercial shall be allowed at the NE and SW corners of
Linder Road and State Highway 44 as designated in the 2000 Comprehensive Plan.
8. Residential Transition should be allowed south of the mixed use area along Old
Valley Road and north of the Boise River
6 8.4 River Plain Residential Area
The River Plain Residential Area is designated as residential and open space. This area should
provide trails, open space, and parks in conjunction with transitional residential densities. The
overall density of the area is up to 1-2 units per acre. The area of higher densities of up to 2-3
units per acre will be located north of the rim and will transition into clustered large lot residential
use(1 acre lots) in the areas adjacent to the river.
A. Uses
The land use and development policies specific to the River Plain Residential Area include the
following:
3. Open space and trail located adjacent to the river in conjunction with the continuation
of the regional trail system;
4. Setbacks from streams, irrigation and drains for trails and open space;
7. North of the Boise River the lot patterns shall be a continuation of the large lot
clusters found in Moon Valley Ranch; up to 1 unit/2 acres.
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B. Access
3. A pathway and trails network should be encouraged to provide pedestrians/bicycle
access along the Boise River corridor and from that corridor north into the Moon
Valley Area and south into the higher density residential area.
C. Design
4. Design of lots and homes sites should take into consideration the scenic, wildlife, and
river corridor and provide sufficient setback and buffering to sensitive habitat and
floodway areas.
D. Issues
1. The main concerns in the development of the area are the integration of lot sizes and
housing styles. The vision for the area is contingent on the integration of uses and
providing a flow of housing units throughout the area to avoid creating defined
separation between estate areas and moderate density areas, for example. Further,the
flow and provision of open space and trails through the area should be a key element
in the approval process for developments that are proposed in the area.
4. Special concern shall be made for the floodway and floodplain to limit uses that are
not consistent with the delicate nature of these areas.
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.
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• Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Requirements:
Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Minimum
District Height Side Side Lot Covered Area(Acres Or Lot
Sq. Ft.)G And Width I*
H*
MU 35' 20' 20' 7.5' 20' 50% 5,000 50'
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.
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.
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• 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:
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet
(750') in length and shall terminate with an adequate circular turnaround having a
minimum radius of fifty feet (50') of right of way including a landscape island with a
minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be
provided between the landscape island and the outside edge of the street as measured
from the face of curb of the island to the face of curb located on the outside edge of
the street. One traffic control sign stating that on street parking is prohibited within the
turnaround shall be installed at the entrance of the turnaround on the driver's side of
the street.
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.
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.
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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,
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 atone of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-
1 G 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
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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;
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
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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:
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 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regutions:
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
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be a minimum ten feet (10') wide and shall be located within a twenty foot (20')
wide pedestrian access easement.
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 (1/2") at ninety degrees (90°) from
the interior of the panel, spaced six inches (6") apart. A minimum of nine (9)
antilift 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.
F. Sidewalk Design:
1. Sidewalks, a minimum five feet(5')wide, shall be required on both sides of the
street; except,that where the average width of lots, as measured at the street
frontage line or at the building setback line, is over one hundred feet(100'),
sidewalks on only one side of the street may be allowed.
• 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.
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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
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.
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• Eagle City Code, Section 9-5-8: Subdivision Within An Area Of Critical Concern:
A. Designation Of Areas Of Critical Concern: Hazardous or unique areas may be
designated as areas of critical concern by the city council or by the state of Idaho.
Special consideration shall be given to any proposed development within an area of
critical concern to assure that the development is necessary and desirable and in the
public interest in view of the existing unique conditions. Hazardous or unique areas
that may be designated as areas of critical concern are as follows:
3. Unique animal life;
4. Unique plant life;
5. Scenic areas;
7. Floodplain;
8. Center city;
B. Environmental Assessment Plan: The developer shall prepare and submit an
environmental assessment along with the preliminary plat application for any
development that is proposed within an area of critical concern.
The contents of the environmental assessment shall be prepared by an interdisciplinary
team of professionals that shall provide answers to the following questions:
1. What changes will occur to the area of environmental concern as a result of the
proposed development?
2. What corrective action or alternative development plans could occur so as not to
significantly change the area of environmental concern?
3. What changes in the area of environmental concern are unavoidable?
4. What beneficial or detrimental effect would the development have on the
environment including, but not limited to, animal life, plant life, social concerns,
economic, noise, visual, available farmland and other?
C. Areas Of Critical Concern: The following areas are specifically identified as areas of
critical concern:
1. Boise River Floodplain: The Boise River floodplain and certain intervening and
immediately adjacent areas are designated as areas of critical concern due to their
ecological and scenic significance. This area comprises the two(2)channels of the
Boise River and intervening and immediately adjacent areas, as depicted on the
land use designation map of the comprehensive plan adopted by the city of Eagle
on May 11, 1993, as a "special area", including that portion in the Eagle impact
area.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• See Staff Recommendation for Development Agreement Modification (within the staff
report).
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E. DISCUSSION:
• The Eagle Comprehensive Plan Land Use Map designates the property as Mixed Use,
Residential One, Floodway, and Scenic Corridor. The Eagle Comprehensive Plan also
designates this area to be located within the Park Lane and River Plain sub-areas. The
applicant has submitted a development agreement modification and preliminary plat
applications for Riverscape Subdivision, which consists of 22.17-acres. The applicant is
proposing an 87-lot (79-buildable, 7-common, and 1-private street) single-family
residential subdivision. The proposed density of 3.56-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 5,000-square feet to 10,759-
square feet in size. The Mixed Use (MU) zoning designation requires a minimum lot size
of 5,000-square feet. The property was zoned MU-DA (Mixed Use with a development
agreement) because the previous applicant received approval for a multi-family
condominium/townhouse 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 applicant is proposing
9.23-acres of common area not inclusive of the private street common lot.
• The applicant provided a revised preliminary plat on October 8, 2014, and a second
revised preliminary plat on October 29, 2014, to address concerns expressed in
correspondence received from the City Engineer. The applicant will still be required to
address the remaining concerns prior to submitting a final plat application.
• The applicant's narrative, date stamped by the City on August 21, 2014, indicated that due
to a shortage of water rights to support the required pressurized irrigation system they are
requesting a waiver of the requirement to provide pressurized irrigation to the buildable
lots. The applicant's engineer provided correspondence, date stamped by the City on
October 28, 2014, indicating the water right is sufficient to provide irrigation to the
buildable lots and the common areas with the exception of the riparian forest area located
adjacent to the Boise River, therefore, they are no longer requesting a waiver of the
requirement to provide pressurized irrigation.
The preliminary plat, date stamped by the City on October 29, 2014, does not show
pressurized irrigation lines provided to the buildable lots. The applicant should provide a
revised preliminary plat delineating pressurized irrigation lines to the buildable lots prior
to submittal of a final plat application.
• The preliminary plat, date stamped by the City on October 29, 2014, shows two (2) short
stub streets intersecting with South Cherry Brook Avenue that provides access to four (4)
residential lots each. The preliminary plat does not show sidewalks located adjacent to the
two (2) stub streets or located adjacent to South Cherry Brook Avenue south of the
intersection with West River Isle Place. Pursuant to Eagle City Code Section 9-4-1-6(F).
sidewalks a minimum of five feet (5') in width shall be required on both sides of the
street. The applicant should be required to provide a revised preliminary plat showing
sidewalks located on each side of the two (2) stub streets (which intersect South Cherry
Brook Avenue) and located adjacent to South Cherry Brook Avenue south of the
intersection with West River Isle Street prior to submittal of a design review application.
The two (2) stub streets intersecting South Cherry Brook Avenue do not show street
names. The applicant should be required to provide a revised preliminary plat showing
street names for the two (2) stub street intersecting South Cherry Brook Avenue. The
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revised preliminary plat should be provided prior to submittal of a final plat application.
• The preliminary plat, date stamped by the City on October 29, 2014, shows the cul-de-sac
(South Grove Park Place) to be approximately 830-feet in length. Pursuant to Eagle City
Code Section 9-3-2-1(G), cul-de-sac streets shall not exceed 750-feet in length. The
applicant should be required to provide a revised preliminary plat showing the cul-de-sac
(South Grove Park Place) not to exceed 750-feet in length prior to submittal of a design
review application.
• The preliminary plat, date stamped by the City on October 28, 2014, shows the proposed
private streets to be located within one (1) common lot. Since the private street is located
within a common lot versus a right-of-way separate blocks do not exist. Since there are no
separate blocks the applicant should provide a revised preliminary plat with the lots
numbered in numerical order with the block identified as Block 1. The revised preliminary
plat should be provided prior to submittal of a final plat application.
• Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes shall
conform with the closest compatible base zone identified in Eagle City Code Section 8-2-
4. The proposed setbacks as requested within the applicant's narrative, date stamped by
the City on August 21, 2014, indicates the following setbacks:
Front 20-feet
Rear 12-feet
Interior Side 5-feet(single or two-story)
Street Side 10-feet(single or two-story)
Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the
MU(Mixed Use):
Front 20-feet
Rear 20-feet
Interior Side 7.5-feet,two-story 12.5-feet
Street Side 20-feet
Maximum Lot Coverage 50%
* A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5-
foot reduction in the minimum required front yard setback provided that the distance in no
less than 15-feet within the MU zoning district.
*Note: All front load garages shall be setback a minimum of 25-feet from the back of
sidewalk.
Pursuant to Eagle City Code Section 8-2-4 (G), front loaded garages are required to be
setback 25-feet from the back of sidewalk. The street side setbacks should be equivalent to
the proposed front setbacks to address parking in front of a garage in the event that the
home is orientated to face the street on the front and the garage is orientated to face the
side street or the garage should be setback 20-feet for a front entry and 15-feet for a side
entry from the property line. Also, the maximum lot coverage should be 50% as is
required pursuant to Eagle City Code Section 8-2-4.
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It is staff's opinion that based on the size of the lots the following setbacks and maximum
coverage for this development should be required:
Front 20-feet
Rear 12-feet
Interior Side 5-feet(single or two-story)
Street Side 10-feet(single or two-story)
20-feet(front entry garage)
15-feet(side entry garage)
Maximum coverage 50%
• The preliminary plat, date stamped by the City on October 29, 2014, does not contain a
plat note referencing the development agreement associated with the rezone (application
#RZ-20-06) of the property. 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-20-06 MOD and subsequent modifications. The revised preliminary plat should
be provided prior to submittal of a final plat application.
• Plat note #4 on the preliminary plat, date stamped by the City on October 29, 2014, states
that, "Lots 1 and 17, Block 1, Lots 1, 5, 26, and 42, Block 2 are common lots to be owned
and maintained by the Home Owners Association." The preliminary plat shows Lot 11,
Block 2, labeled as a common area for drainage. The applicant should provide a revised
preliminary plat with plat note #4 revised to read, "Lots 1 and 17, Block 1, Lots 1, 5, 11,
26, and 42, Block 2 are common lots to be owned and maintained by the Home Owners
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 October 29, 2014, notes and shows the
subdivision will be served by private streets. The applicant provided a narrative, date
stamped by the City on August 21, 2014, which provided the following justification for
the private streets: 1) Private streets were approved with the previous application, 2) The
site has limited access. HCR/Level 3 Subdivision is being developed west of the proposed
development and the Boise River is located to the south there is no access to the subject
site. Old Valley Road located adjacent to the northern boundary has limited use the
primary access to the site will be Linder Road. Therefore, by approving private streets it
will not cutting off access to adjacent parcels. 3) Lastly, the proposed private street as
designed will have an emergency access to Old Valley Road and meets the approval of the
Eagle Fire Department. The original private streets that were approved for the Orchards at
Eagle were for a condominium project and were considered to be drive aisles instead of
private streets. 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. The applicant should provide a revised preliminary plat showing public streets.
Should the Council approve the development with private streets, the applicant should
provide a revised preliminary plat which contains plat notes that: 1) conveys to each lot
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owner within the subdivision to be 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 plat, date stamped by the City on October 28, 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 plat 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 plat, date stamped by the City on October 29, 2014, delineates a proposed
eight foot (8') wide regional pathway located in the common lot (Lot 26, Block 2)
adjacent to the Boise River. Pursuant to Eagle City Code Section 9-4-1-6 (D)(1), regional
pathways such as the Boise River greenbelt pathway should be a minimum of 10-feet in
width and located within a 20-foot wide pedestrian access easement. The applicant should
provide a revised preliminary plat showing a 10-foot wide regional pathway located within
Lot 6, Block 3. The revised preliminary plat should be provided prior to submittal of a
final plat application.
• There is no public access to the river or greenbelt in proximity to this area other than the
greenbelt pathway. The area located at the southeast corner of the property adjacent to
South Linder Road and the Boise River has been utilized for access to the river for many
years. This location is a convenient place for the continuation of historical access to the
river and the greenbelt pathway. The applicant should provide an access point at this
location to allow the general public access to the river and the greenbelt pathway. The
applicant should work with the Eagle Parks and Recreation Director and Eagle Parks and
Pathway Development Commission to formalize an agreement to provide a "Sportsman
Access" and a parking area for a minimum of ten (10) vehicles for access to the Boise
River and the greenbelt pathway from South Linder Road prior to the submittal of a final
plat application.
• Condition of Development #3.19 of the executed development agreement (Ada County
instrument #107145957) required the developer to enter into a "Memorandum of
Agreement" to provide sufficient water rights and build a municipal well for the previous
project. Since the development agreement was still valid at the time of this application the
applicant is required to comply with the Conditions of Development. The applicant
indicated within the narrative, date stamped by the City on August 21, 2014, that
requirement to acquire sufficient water rights to develop a municipal well is not feasible.
The applicant is requesting to pay the required Storage and Trunk Line (STL) fees and
have the language referencing the "Memorandum of Agreement" stricken from the
development agreement. Staff will address this during the public hearing.
• The proposed development is located within the City of Eagle's Municipal Water Service
Area. Pursuant to Resolution No. 8-09, payment of Storage and Trunk Line (STL) fees is
to be provided at the time of preliminary and final plat. The amount for STL fees is
$2,100/Equivalency Residential Customer (ERC). A ERC is equivalent to a residential
buildable lot. Based on 79-lots, the total STL fees required for the subdivision is
$165,900.00. The STL fees are to be paid on a sliding scale,the first installment to be paid
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at the time of submittal of the preliminary plat application and the remaining amount be
paid at the time of final plat application. The STL fees to be paid at the time of
preliminary plat for the subject subdivision is based on $1,135.47 +(-1.221 x Total Lots).
Based on 79-buildable lots the STL fees to be paid at the time of preliminary plat
application should be $82,081.79 with the remaining portion of the $165,900.00 to be
paid at the rate of($2,100.00 minus Preliminary Plat Fee per lot) x Lots in Final Plat or
$1,060.99 x Lots in Final Plat. To date, the applicant has not paid the required STL fees
and is requesting Council approval of a fee deferral until submittal of the final plat
application. If the deferral is approved by the City Council, the applicant should be
required to pay the required $82,081.79 preliminary plat Storage Trunk Line fees along
with the associated final plat Storage Trunk Line fees at the time of submittal of the first
final plat application.
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
November 3, 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.
D. Oral testimony neither in opposition nor in favor of the application was presented to the Planning and
Zoning Commission by one (1) individual who indicated the importance of creating a safe situation for
individuals to access the greenbelt from the roadway.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The subdivision layout is well designed
• Although all the lots within the proposed development will take access from private streets
the Council has supported exceptions to allowing private streets to serve more than 10%
of the residential lots located within a subdivision
• The developer should be required to provide public access to the greenbelt, however, the
applicant should not be required to provide parking
• The 830-foot long cul-de-sac should be permitted to remain as proposed
• The requirement for vertical curbing should be removed
• The developer's request to cancel the Memorandum of Agreement (MOA) requiring the
developer to provide a water right and municipal well for potable water should be
addressed by the City Council
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COMMISSION DECISION REGARDING THE DEVELOPMENT AGREEMENT
MODIFICATION AND DEVELOPMENT AGREEMENT IN LIEU OF A PUD:
The Commission voted 5 to 0 to recommend approval of RZ-20-06 MOD for a development agreement
modification and development agreement in lieu of a PUD for OC Holdings, Inc., with the
modifications to the existing development agreement with conditions of development as provided
within their findings of fact and conclusions of law document, dated November 17, 2014.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 to 0 recommend approval of PP-06-14 for a preliminary plat for Riverscape
Subdivision for OC Holdings, Inc., with the site specific and standard conditions of approval provided
within their findings of fact and conclusions of law document,dated November 17, 2014.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on December 16, 2014, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in opposition nor in favor of this proposal was presented to the City Council by
three (3) individuals who indicated the importance of providing public access and parking to the the
Boise River and greenbelt pathway. They also provided input in regard to improving access to the area
to minimize litter ad debris.
COUNCIL DECISION REGARDING THE DEVELOPMENT AGREEMENT MODIFICATION
AND DEVELOPMENT AGREEMENT IN LIEU OF A PUD:
The Council voted 4 to 0 to approve RZ-20-06 MOD for a development agreement modification and
development agreement in lieu of a PUD for OC Holdings, Inc., with the following Planning and
Zoning Commission recommended conditions of development to be placed within a development
agreement modification with underline text to be added by the Council and strike through text to be
deleted by the Council:
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 design
review, preliminary and final plat reviews, condominium 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 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.
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3.3 The submittal of a building permit application to the City for all residential dwellings 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.
3.4 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 issuance of a zoning certificate.
3.5 Development of the Property will be permitted through the Design Review process and future
conditional use permits for the residential development will not be required excluding any
height exceptions that may be requested. Height exceptions shall require a conditional use
permit.
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) Parking shall only be allowed in the designated parking areas or in the garage units of the
residential dwellings.
(c) 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.
(d) Provide language showing the prohibition of the storage of recreational vehicles, utility
trailers, etc. within the development.
(e) Provide language showing that the common areas shall be maintained by a contracted
property/landscaping company.
fn Provide language restricting homeowners from the unnecessary removal of riparian
vegetation located adjacent to the Boise River. The language should also contain
enforcement measures to prevent the removal of the riparian vegetation.
3.7 The setbacks shall be as follows:
Front 20-feet
Rear 12-feet
Interior Side 5-feet(single or two-story)
Street Side 10-feet(single or two-story)
20-feet(front entry garage)
15-feet(side entry garage)
Maximum coverage 50%
3.8 The Owner's property shall be annexed into the Eagle Sewer District's service boundaries and
shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the
issuance of any building permits. 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, prior to issuance of any building permits.
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3.9 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.
3.10 Owner shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6, a minimum 10-foot wide asphalt public pathway along the portion of the
Property adjacent to the Boise River. The specific location and design of the pathway shall be
approved by the City of Eagle Park and Pathway Development Commission 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.
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 As required by Title 6 Chapter 5 Eagle City Code,the Property shall become part of the City of
Eagle's municipal water system. All water mains to be dedicated to the public shall only be
constructed on rights of way, easements, or publicly owned property. Easements or permits
secured for the main extension shall be obtained in the name of the City, along with all rights
and title to the main at the time of service is provided to the customer paying for the extension.
Water mains shall be extended by the applicant as designated by the City Engineer where
future water system extensions are expected to occur. The developer shall enter into a
"Memorandum of Agreement" to provide sufficient water to Riverscape Subdivision in
-. • . . .. . . - - e ., _ . ! .
3.14 City of Eagle approvals shall be subject to any FEMA requirements.
3.15 Provide the City with documentation showing the location of the easement providing access to
the Pioneer Ditch Company irrigation head gate. Should the easement be located within the
development the easement should be noted and delineated on the final plat.
3.16 The applicant shall work with the Eagle Parks and Recreation Director and Eagle Parks and
Pathway Development Commission to formalize an agreement for dedication of
an area for a"Sportsman Access."The "Sportsman Access"shall contain a gravel parking area
for a minimum of ten (10) to twelve (12) vehicles for access to the Boise River and the
greenbelt pathway from South Linder Road. The cost to develop the access and parking area
shall be a 50/50 cost share between Eagle and Owner. The formalized agreement shall be
provided prior to the submittal of a final plat application. Nothing in this condition shall limit
the City from additional site improvements, however, any improvements beyond those stated
herein shall be at the sole cost of the City.
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COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP-06-14 for a preliminary plat for Riverscape Subdivision for
OC Holdings, Inc., with the following Planning and Zoning Commission recommended site specific
conditions of approval and standard conditions of approval with underline text to be added by the
Council and strike through text to be deleted by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-20-06
MOD.
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 with the lots numbered in numerical order with the block
identified as Block 1. The revised preliminary plat shall be provided prior to submittal of a final
plat application.
5. ' - . . -- _. :t _ ... - - - - ': • . - - ----
6. Provide a revised preliminary plat delineating pressurized irrigation lines to the buildable lots prior
to submittal of a final plat application.
7. Provide a revised preliminary plat showing sidewalks located on each side of the two (2) stub
streets (which intersect South Cherry Brook Avenue) and located adjacent to South Cherry Brook
Avenue south of the intersection with West River Isle Street prior to submittal of a design review
application.
8. 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-20-06 MOD and subsequent modifications. The revised preliminary
plat shall be provided prior to submittal of a final plat application.
9. -- . .. •_. . . . •.- . .. . . -: .. . '_ • -- . 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.
11. Provide a revised preliminary plat showing a 10-foot wide regional pathway located within Lot 26,
Block 2. The revised preliminary plat should be provided prior to submittal of a final plat
application.
12. The applicant shall be required to pay the required $82,081.79 preliminary plat Storage Trunk
Line fees along with the associated final plat Storage Trunk Line fees at the time of submittal of
the first final plat application.
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13. The applicant shall provide a revised preliminary plat with plat note #4 revised to read, "Lots 1
and 17, Block 1, Lots 1, 5, 11, 26, and 42, Block 2 are common lots to be owned and maintained
by the Home Owners Association." The revised preliminary plat shall be provided prior to
submittal of a final plat application.
14. 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.
15. 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. 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.
16. 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.
17. The Riverscape Subdivision shall remain under the control of one Homeowners Association.
18. The applicant shall place a note on the final plat stating that the pressurized irrigation system and
all common lots are to be owned and maintained by the Homeowner's Association.
19. The applicant shall provide CC&Rs stating 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.
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. 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).
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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.
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
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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
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.
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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 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
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.
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31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet
above the ground)noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at the Fellowship Hall at the Hope Lutheran Church located at 331
North Linder Road, Eagle, ID, 83616, at 7:00 PM, Monday, August 11, 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 August 21, 2014. A revised preliminary plat was provided on October 8,
2014,and a second revised preliminary plat was provided on October 29, 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 October 13, 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 October 10, 2014. Requests for agencies' reviews
were transmitted on August 26, 2014, in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with the Eagle City Code on October 22, 2014.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on December 1,
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 November 25, 2014. The site was posted in accordance with the Eagle City
Code on December 3, 2014.
3. The Council reviewed the particular facts and circumstances of this proposed development agreement
modification (RZ-20-06 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
with the Mixed Use designation as shown on the Comprehensive Plan Land Use Map;
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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
MU-DA (Mixed Use with a Development Agreement)zone and land use to the north since the
parcel to the north is owned by the State of Idaho and will not be developed in the future; and;
d. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with the
RUT(Rural-Urban Transition—Ada County designation) zone and land use to the south since
the Boise River is located between the subject parcel and the existing parcels located south of
the river; and;
e. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with the
RUT (Rural-Urban Transition — Ada County designation) zone and land use to the east since
the developer will be required to construct a 10-foot high buffering berm to be located
adjacent to South Linder Road; and;
f. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with the R-
4-DA-P (Residential with a development agreement — PUD) zone and land use to the west
since the adjacent property located west to the subject area is being developed as a residential
subdivision; 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 and riparian areas are going
to remain in their natural state; and
h. No non-conforming uses are expected to be created with this rezone.
4. The Council reviewed the particular facts and circumstances of this proposed development agreement
modification and 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 Riverscape 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 west of the proposed development. The
developer is also maintaining the existing riparian forest located adjacent to the Boise River on
the southern portion of the site.
c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses because;
Riverscape Subdivision is proposed to be developed in a manner harmonious with existing and
future uses in the immediate vicinity since the site is being proposed in conformance with the
Comprehensive Plan; and
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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. Riverscape Subdivision will be served by South Linder
Road; 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
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 South Linder Road (arterial). The development will
also include an emergency access to West Old Valley Road. 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 riparian forest and 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, Residential One, Floodway, and Scenic Corridor 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;
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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 developer will be required to submit an application for
design review and comply with all Eagle City Codes and conditions of approval of the design
review; and
1. That the benefits, combination of various land uses, and interrelationship with the surrounding
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 an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
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.
n. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
The estimated tax revenue generated from the development at build out is approximately
$2,700.00 per dwelling/year or$213,300/year for the entire development.
o. 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.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. Because the developer provides the services in the initial
stages of development the public service providers avoid potential liability and expenses.
5. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-
06-14) 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 the City of Eagle Municipal Water System. Fire protection will be
available from the Eagle Fire Department and fire hydrants will be provided where required;
and
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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 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 Council's
attention have been adequately addressed by the applicant or will be conditions of the
preliminary plat and subsequent final plat approval as set forth within the conditions of
approval herein.
DATED this 13th day of January, 2015.
CITY COUNCIL •���••,,,"',,•.,,�
OF THE CITY OF EAGLE % OF ,,
C�
.a County, Idaho �'� F
(, o�QOR,�T0
es D. Reynolds, ayo =s gEpL
ATTEST: 4ly ,9 VOlb. •
Sharon . Bergmann, Eagle City lerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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