Findings - CC - 2015 - A-06-14/RZ-07-14/PP-10-14 - A/Rz From Rut To Mu-Da/Eaglefield Village Subd/39 Lot/9.83 Acre BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR ANNEXATION,REZONE WITH A )
DEVELOPMENT AGREEMENT, )
DEVELOPMENT AGREEMENT IN LIEU OF )
A PUD,AND PRELIMINARY PLAT FOR )
EAGLEFIELD VILLAGE SUBDIVISION FOR )
COLEMAN HOMES, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-06-14/RZ-07-14 &PP-10-14
The above-entitled annexation, rezone with a development agreement(development agreement in lieu of a
PUD) and preliminary plat applications came before the City Council for their action on April 14, 2015.
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:
Coleman Homes, LLC, represented by Becky McKay with Engineering Solutions, LLP, is
requesting an annexation, rezone from RUT (Rural-Urban Transition — Ada County designation)
to MU-DA (Mixed Use with a development agreement in lieu of a PUD), and preliminary plat
approvals for Eaglefield Village Subdivision, a 39-lot (31-buildable, 1-future development, and 7-
common) residential subdivision. The 9.83-acre site is generally located on the north side of State
Highway 44, west of Linder Road, at the western terminus of W. Escalante Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, November 6, 2014, at Eagle City Hall in
compliance with the application submittal requirement of Eagle City Code. The applications for
these items were received by the City of Eagle on December 22, 2014.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications 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 February 9, 2015. 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 February 12, 2015. Requests for
agencies' reviews were transmitted on January 9, 2015, in accordance with the requirements of the
Eagle City Code. The site was posted in accordance with the Eagle City Code on February 16,
2015.
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
March 23, 2015. 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 March 27, 2015. The site was posted in
accordance with the Eagle City Code on April 4, 2015.
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D. HISTORY OF PREVIOUS ACTIONS: None to date.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See narrative attached to the staff report.
G. COMPR EHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing High Density RUT(Rural Urban Transition— Vacant/Pasture
Residential Ada County)
Proposed Mixed Use MU-DA(Mixed Use with a Single Family Residential
development agreement in lieu Subdivision
of a PUD)
North of Transitional R-4-DA-P (Residential with a Single Family Residential
site Residential development agreement—PUD) (Eaglefield/Preserve
Subdivision)
South of Mixed Use RUT(Rural Urban Transition— Single Family Residential
site Ada County) (HCR/Level 3
R-4-DA-P(Residential with a Subdivision)
development agreement—PUD)
East of site Mixed Use MU-DA-P (Residential with a Single Family Residential
development agreement—PUD) (Reynard Subdivision)
West of site High Density RUT(Rural Urban Transition— Vacant/Pasture
Residential Ada County)
H. DESIGN REVIEW OVERLAY DISTRICT:Not located within the DDA, TDA or CEDA.
SITE DATA:
Total Acreage of Site—9.83
Total Number of Lots—39
Residential—31, 1 future development
Commercial—0
Industrial—0
Common—7
Total Number of Units—
Single-family—31
Townhouse—0
Multi-family—0
Total Acreage of Any Out-Parcels—none
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 3.40-units per acre* 8 to 20 units per acre(High Density
Residential)
Minimum Lot Size 5,966-square feet 5,000-square feet
Minimum Lot Width 55-feet 50-feet
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Area 2.23-acres 1.97-acres(minimum)
Percent of Site as Common Area 25.4% 20%(minimum)
Site Data information based upon approval of a MU zoning designation.
*Density calculation does not include `future development"parcel.
J. GENERAL SITE DESIGN FEATURES:
Open Space, Green Belt Areas and Landscape Screening:
A total of 2.23-acres (25.4% of the total residential area of the subdivision) is proposed within the
development. The open space consists of a landscape buffer adjacent to W. Escalante Drive (a
collector roadway), a pocket park on Lot 7, Block 2, and landscape buffer adjacent to State
Highway 44.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes or no)—no
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
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K. STREET DESIGN:
Public Streets:
The preliminary plat, date stamped by the City on December 22, 2014, contains a typical street
section that shows the internal local roadways south of W. Escalante Drive with a forty two foot
(42') wide right-of-way with a twenty-nine foot (29') wide street section (back of curb to back of
curb)with rolled curbing.
A typical street section shows W. Escalante Drive with a fifty foot (50') wide right-of-way with a
thirty-six foot(36')wide street section (back of curb to back of curb)with rolled curbing.
The letter from ACHD dated February 18, 2015, states that W. Escalante Drive is a towncenter
collector and should be constructed as a 36-foot wide collector street section with vertical curb,
gutter, and 5-foot wide detached concrete sidewalk within 50-feet of right-of-way.
Private Streets:None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
One(1) cul-de-sacs/knuckle is proposed for this site:
• N. Tullshire Ave/N. Morley Green Way intersection: 38-foot radius(from back of curb to face
of the proposed landscape island.
Sidewalks:
A detached five-foot(5') wide concrete sidewalk is proposed abutting the planter strips located on
both sides of all interior public roadways.
Curbs and Gutters:
The applicant is proposing rolled curb and gutter along all internal public roadways.
The letter from Ada County Highway District, dated February 18, 2015, requires the construction
of vertical curb along W. Escalante Drive.
Lighting:
Lighting for the proposed public and 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.
L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right-of-way or separate easement, as may be specified by the City Council.
M. PUBLIC USES PROPOSED:None proposed
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
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O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—no
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—One(1)adjacent to Linder Rd,Estate Lot
Riparian Vegetation—Zinger Lateral
Steep Slopes—no
Stream/Creek—Zinger Lateral
Unique Animal Life—no
Unique Plant Life—no
Unstable Soils—no
Wildlife Habitat—no
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required
Q. 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 letters dated February 20, 2015, are of special
concern(attached to the staff report).
Ada County Highway District
Central District Health
Eagle Fire Department
Republic Services
R. LETTERS FROM THE PUBLIC:None received to date.
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic,noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
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7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The Comprehensive Plan Future Land Use Map designates the site as High Density Residential.
Chapter 6—Land Use
6.3.9 The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site
as the following:
High Density Residential
Suitable primarily for multi-family housing including apartments, town homes and
duplexes within the urbanized setting adjacent to designated transit corridors. An
allowable density of 8 to 20 units per 1 acre.
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.
2. The area located along Old Valley Road should be a mixture of residential and
Professional Office with Limited Service Commercial. All uses along Old Valley
should be designed to be oriented to take access from Old Valley Road and to
encourage pedestrian movement through the area.
3. Flint Drive shall be preserved primarily as a residential street while properties abutting
State Street should include a mix of residential uses, commercial uses limited to lease
spaces no larger than 30,000 square feet and office uses that promote trip capturing.
The properties abutting State Street shall be reviewed and conditioned by the City
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through the use of a development agreement at the time of rezone.
4. The roadway network along State Street east of Park Lane should be designed to
provide internal circulation with no individual lot access to State Street. A cross access
agreement with limited access points at Park Lane and at State Street, in alignment
with the future Eagle Island State Park entrance, is necessary to provide access to the
retail uses.
5. The land use for the properties north of Flint Estates and extending to Floating Feather
Road is Transitional Residential to ensure compatible residential lot sizing adjacent to
the Colony Subdivision. Extending east to west,ensuring compatibility with the 1 acre
lots in the Colony Subdivision, densities in the area will increase to a maximum of 3
units per acre near the high school.
6. The area located on the northwest corner of State Highway 44 and Park Lane is
designated Mixed Use for the southern 17-acres,transitioning to residential,3 units per
acre for the northern portion of the property. The transition area between the mixed use
and the residential area shall be reviewed and conditioned by the City through the use
of a development agreement at the time of rezone.
7. The area located west of Linder Road and State Street shall provide for high density
residential including apartments, town homes and patio homes, and transitioning
northward to 1-2 units per acre. Internal circulation is essential to the development of
this area; a loop/frontage road similar to Old Valley Road should be created. Uses
should focus on this roadway(not State Street) with berming and wide setbacks to be
used to buffer any residential use from the regional transportation network.
8. Residential Transition should be allowed south of the mixed use area along Old Valley
Road and north of the Boise River.
B. Design
1. Old Valley Road Area:
a. The design of this area should capitalize on the existing Old Valley Road and
bring activities and uses closer to the road, creating a pedestrian friendly area that
encourages walking as well as servicing auto traffic.
b. The Old Valley Road area should include street trees,benches and sidewalks.
c. Common parking areas at the sides of buildings and joint parking agreements
should be encouraged to minimize walking distances between buildings and
provide a pedestrian scale to the area.
d. On-street parking should be encouraged where sufficient right-of-way is available.
e. Signage for non-residential uses should be incorporated as a master sign plan
rather than individual signs located along State Highway 44/State Street.
C. Access
1. Access to and through should be limited to existing roads(Old Valley Road,Park Lane
and Linder Road); no direct access from State Street/Highway 44 shall be permitted
unless a new access point is designated by the State of Idaho for Eagle Island State
Park.
2. The area to the north of State Highway 44 should require the construction of a
frontage road (similar to Old Valley Road) that removes individual property
access to State Highway 44. This high density area shall provide internal
circulation and connectivity to the residential areas to the north.
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3. Cross-access agreements and shared service roads should be encouraged
throughout the area.
4. Linkage roads through the area east of Eagle High School should provide
connectivity to Floating Feather Road to the north, Park Lane to the west, and
Breanna Drive to the east.
5. Right-of-way should be preserved for a future connection to State Highway 44 in
alignment with the future State Highway 44 entrance to Eagle Island State Park.
D. Issues
1. If individual lot access is allowed to State Highway 44, the ability to function as a
node, encouraging both pedestrian and vehicular traffic, will be lost. The city should
establish phasing criteria for the north and south portions of the mixed use area to
ensure that they are not over saturating the market before the supporting residential
development occurs.
8.1 Transportation
Transportation planning and land use planning should be compatible with Eagle's
transportation system and should take into account projected land use as depicted on the Eagle
Land Use Map.
The City's existing network of roadways represents only a portion of the transportation system
needed to serve future growth and development. The Western Planning Area and the North
Foothills Planning Area contain very few local or collector roads and rely on section line roads
for the primarily agricultural uses and rural residential uses. As the City continues to
experience growth,population will increase and the number of vehicles using the transportation
system will increase. A viable public transit system and dedicated pathway system are parts of
the overall transportation system development.
In addition to adding new streets and roadways, modifications and extensions to the existing
routes will be necessary in order to create a fully integrated, modern, efficient transportation
system that will effectively serve the residents of the City, the business community and the
traveling public.
8.2.4 Collectors
Mobility Function:
The primary function of a collector street is to intercept traffic from local streets and carry the
traffic to the nearest arterial street. A secondary function is the service abutting property. The
collector street may serve motorized and non-motorized transportation needs, and be designed
with the minimum street section to accommodate the projected vehicle volume and in
conformance with the current Long Range Transportation Plan of COMPASS. On-street
parking is typically prohibited.
Access Function:
To provide limited and controlled access to commercial and industrial areas and to residential
neighborhoods. Direct lot access is typically restricted. The City's Access Management Plan
should be the fmal determination of any site access plan.
Right-of-Way:
As shall be determined by the Highway District having jurisdiction with recommendations by
the City and seriously considered by the Highway District.
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8.4 Goals
A. Roadway System Goals
1. Develop a transportation system to serve the planned land uses of the City of Eagle and
its Area of Impact. The transportation system should provide regional connectivity to
neighboring cities and regions.
2. Maintain the functional and connectivity of the street system for current users,
emergency response efforts,and for use by future generations.
3. Using sound land use and transportation relationships, develop alternate routes or
corridors for ACHD planners to evaluate that best emphasize the needs of developing
areas while lessening the potential for congestion. This is typically implemented
through the development review process.
4. Protect and buffer homes, businesses, sidewalks and pathways, parks and open spaces
from the adverse impacts of roadways and traffic. Reasonable design measures should
include narrower street sections,medians,alleys, landscaping,pathways and trails,and
the design of bridges and other structures.
8.5 Objectives
A. Encourage completion of the existing street system and creation of new links, within
reasonable constraints,as the transportation system develops.
D. Ensure that corridor planning, roadway route selection and other transportation system
development consider the impact on the development potential of adjacent and under-
developed lands.
E. Promote land use policies that limit access as necessary to maintain safe and efficient
operation of the existing street system while allowing reasonable access to individual
development parcels.
8.6.2 Specific Design Strategies
C. Support the access restriction policies of the Ada County Highway District and the Idaho
Transportation Department at a minimum. The access restrictions shall be based upon the
most stringent future use of the roadway. Temporary access may be considered in areas
with a developing regional roadway network.
E. Discourage direct lot access to parcels abutting arterial and collector streets.
I. "Cut-through" traffic or "traffic routed through" a neighborhood on local streets from
arterial streets shall be discouraged through the development review process, through the
provision of an adequate arterial and collector system and through the use of appropriate
traffic calming and traffic control strategies. Avoiding cul-de-sac streets that isolate
individual neighborhoods.
L. Work with Ada County Highway District, local developers and neighborhoods in the
operation of a local traffic-calming policy that balances the needs of the roadway, the
drivers,pedestrians,bicyclists,and the traveling public.
O. Encourage arterial and collector center turn lanes only at driveways and/or street
intersections that are expected to generate a minimum of 500 vehicle trips per day, or
where determined to be necessary by ACHD or ITD, and to encourage landscaping within
any portion of a center turn lane which is not used for such a driveway or intersection.
Such landscaped medians would need to be maintained by the City, homeowners'
association, or other responsible entity and would require a license agreement with the
highway district having jurisdiction.
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B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code 8-1-2
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. (Ord. 673, 11-27-
2012)
• Eagle City Code 8-2-4: Schedule of Building Height and Lot Area Regulations:
Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Area Minimum Lot
District Height Side Side Lot Covered (Acres Or Sq. Ft.) Width
MU* 35' 20' 30' 7.5' 20' 50% 5,000-square feet 50'
• Eagle City Code 8-1-2: Rules and Definitions:
OPEN SPACE: A common area platted as a separate lot(except for the portion of the 8 foot wide
landscape strip located adjacent to and within the public right of way of a local street),
substantially open to the sky, exclusive of streets, commercial and residential buildings, and shall
be designated and intended as a usable and convenient amenity for the residences of any proposed
development.
OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic fields,
buildings or structures for recreational activities including picnic areas, community garden, courses
or courts, children's play area, dog play area, and pathways, excluding passive open space areas.
Landscape buffer areas not required pursuant to subsection 8-2A-7J of this title may be
considered, in part, as active open space provided a pathway or other active amenity is located
within and incorporated into the buffer area. Up to fifteen percent(15%) of the total area of water
bodies (i.e., ponds) within a development may be considered active open space provided there is a
finding that the ponds employ active recreation capabilities such as fishing, rafting, canoeing, and
the like.
OPEN SPACE, PASSIVE: Common area which includes, but is not limited to, landscaped buffer
areas required pursuant to subsection 8-2A-7J of this title (including the sidewalk within the buffer
area), natural areas, wetland areas, ornamental gardens, decorative fountains, and water bodies,
excluding active open space areas.
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• Eagle City Code 8-2A-7: Landscape and Buffer Area Requirements:
J. Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to
physically separate and visually screen adjacent land uses which are not fully compatible
due to differing facilities, activities, or different intensities of use, such as townhouses and
a convenience store, or a high volume roadway and residential dwellings.
4. Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways, to protect residential communities from
noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a
common lot located between the residential lots within the subdivision and the right of
way line of the adjacent roadway. This buffer is required as part of the common area open
space owned and maintained by a homeowners' association. Any landscaping proposed to
be within the public right of way shall not be included as a part of the buffer area required
below. The height for berming/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway (measured at the centerline)to the top
of the proposed berming/fencing. The required buffer area width, plantings, and fencing
are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan;
A minimum of thirty five feet(35') wide buffer area(not including right of way) shall
be provided with the following plants per one hundred (100) linear feet of right of
way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each
required shade tree may be substituted with two (2) flowering/ornamental trees,
provided that not more than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet(3')horizontal distance to one foot(1')vertical distance. If
a decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall is to be provided in combination with the berm, a four foot (4') wide flat area
shall be provided for the placement of the decorative wall. Chain link, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
c. Any road designated as a principal arterial on the transportation and pathway network
plan in the Eagle comprehensive plan;
A minimum of seventy five feet (75') wide buffer area (not including right of way)
shall be provided with the following plants per one hundred (100) linear feet of right
of way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental
trees, and twenty four (24) shrubs. Each required shade tree may be substituted with
two(2) flowering/ornamental trees, provided that not more than fifty percent(50%)of
the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
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any berm shall be three feet(3')horizontal distance to one foot(1')vertical distance. If
a decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall is to be provided, in combination with the berm, a four foot (4') wide flat area
shall be provided for the placement of the decorative wall. Chain link, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
5. Common Area Landscapes: New residential subdivision common area landscapes shall be
comprised of the following:
a. Lawn, either seed or sod.
b. A minimum of one deciduous shade tree per one thousand(1,000) square feet.
6. Design Considerations for Residential Developments:
a. For design flexibility, half of the required shade trees may be substituted on a two to
one(2:1)basis with ornamental and evergreen trees.
b. Buffer areas should include a variety of species, arranged to create varied and
attractive views. Open fences, decorative walls, and berms may be used. Height
changes, offset angles, different materials, and other design techniques are required so
as to create variety. (Ord. 566, 5-15-2007)
M. Parkway Strips, Separated Sidewalks, and Street Trees:
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA
sidewalks shall be separated from the curb along all streets. Sidewalks shall be required
when space permits. An eight foot (8') wide minimum parkway planter strip planted with
shade class (class II) trees shall be required between the sidewalk and street to provide a
canopy effect over streets.
3. Within residential developments one shade class (class II)tree selected from the approved
tree list in subsection Q of this section shall be located on both sides of all streets within
the eight foot (8') wide landscape strip between the sidewalk and the curb. Trees shall be
planted at the front of each lot generally located on each side lot line corner with the
distance between trees to be a minimum of thirty five feet(35') and a maximum of eighty
feet(80')of street frontage.
4. In all cases, any planting within public rights of way shall be with approval from the
public and/or private entities owning the property. (Ord. 699, 5-28-2013)
• Eagle City Code 8-6-5-2: Common Area Open Space:
A. Required Common Area Open Space: A minimum of twenty percent (20%) of the gross land
area developed in any residential PUD project shall be reserved for common area open space
and recreational facilities for the residents or users of the area being developed.
B. Active Open Space: A minimum of fifteen percent (15%) of the common area open space
shall be developed as active open space, as defined in title 9 of this code.
C. Compliance: All common area open space shall be evaluated for its compliance with the
following:
1. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping, pedestrian
way treatment and recreational areas;
2. Siting: Visual focal points, use of existing physical features such as topography, view, sun
and wind orientation, circulation pattern,physical environment.
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D. Direct Access: A minimum of fifty percent (50%) of all lots shall be designed to be adjacent
to, or at a minimum, have direct access to common area open space. The term "direct access"
means all building lots are to be located a maximum of two hundred fifty feet (250') away
from a pathway connecting to a common area open space lot. Building lots separated from a
common area open space lot by a local roadway shall be deemed to have achieved direct
access. The required planter strip located between the sidewalk and the street will not be
permitted to fulfill this requirement.
E. Dedication Of Land For Public Use: A required amount of common open space land reserved
under a PUD shall either be held in corporate ownership by owners of the project area for the
use of each owner who buys property within the development or be dedicated to the public and
retained as common open space for parks, recreation and related uses. Public utility and
similar easements and right of way for watercourses and other similar channels are not
acceptable for common open space dedication unless such land or right of way is usable as a
trail or other similar purpose and approved by the council.
F. Maintenance: The responsibility for the maintenance of all open spaces shall be specified by
the developer before approval of the final development plan. (Ord. 566, 5-15-2007)
• Eagle City Code 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,
pedestrian way treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography, view,
sun and wind orientation, circulation pattern, physical environment, 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.
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3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under
section 8-2-4 of this title.
B. An area equal to the square footage utilized to create lots that are larger than the minimum lot
size may be credited toward the creation of lots which are proportionally smaller than the
minimum lot size in the underlying zone established in section 8-2-4 of this title, provided:
1. There is a favorable finding 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.
2. The number of lots below the minimum lot size do not exceed twenty percent(20%)of the
total number of lots within the development.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code 9-3-2-1: Location and Design:
A. Street Location And Arrangements: When an official street plan or comprehensive
development plan has been adopted, subdivision streets shall conform to such plans.
B Minor Streets: Minor streets shall be so arranged as to discourage their use by through traffic.
C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new
subdivisions shall be such that said streets extend to the boundary line of the tract to make
provisions for the future extension of said streets into adjacent areas, and shall have a cul-de-
sac or temporary cul-de-sac. A reserve street may be required and held in public ownership.
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.
• Eagle City Code 9-3-3: Pedestrian Walkways:
Right of way for pedestrian walkways in the middle of long blocks may be required where
necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas. The
pedestrian easement shall be at least ten feet(10')wide. (Ord. 566, 5-15-2007)
• Eagle City Code 9-3-7: Planting Strips and Reserve Strips:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed next to
incompatible features such as highways, railroads, commercial or industrial uses to screen the
view from residential properties and to provide noise mitigation for those residents. Such
planting strips/buffer areas shall be a minimum of twenty feet(20')wide unless a greater width
is required within 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.
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• Eagle City Code 9-4-1-2: Streets and Alleys:
All public streets and alleys shall be constructed in accordance with the standards and
specifications adopted by the Ada County highway district or the Idaho transportation department,
whichever the case may be. (Ord. 566, 5-15-2007)
• Eagle City Code 9-4-1-3: Curbs and Gutters:
A. Generally:
1. Vertical curbs and gutters shall be constructed on collector and arterial streets.
2. Rolled curbs and gutters shall be required on minor streets.
3. All construction shall be in accordance with the standards and specifications adopted by
the Ada County highway district.
B. Driveways, Curb Cuts: All driveway openings and curbs shall be as specified by the Ada
County highway district or the Idaho transportation department. (Ord. 566, 5-15-2007)
• Eagle City Code 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage non-motorized forms of travel,
and to provide safe, convenient and aesthetic alternative travel routes to common destinations
such as schools, parks, shopping centers, etc. The following factors will be considered in the
placement of any pathway: the utility and need for a given pathway, impacts to existing
neighborhoods, compliance with the transportation/pathway network maps within the
comprehensive plan, pathway design as it relates to both crime prevention and function, and
the responsibilities of ownership, maintenance, and liability.
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.
Micro pathways within subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum eight feet (8') wide and shall be located within a
sixteen foot(16') wide pedestrian access easement, however, in an area where low volume
pedestrian traffic is anticipated, the council may consider a reduction in pathway width to
six feet (6'). Regional pathways such as the Boise River greenbelt and pathways located
adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located
within a twenty foot(20')wide pedestrian access easement.
2. Barriers may be placed at the terminal ends of paths to restrict use by motor vehicles while
allowing use by bicycles, wheelchairs and other modes of travel.
3. A five foot (5') wide landscaped area/building and fence setback, as measured from both
edges of the paved path, shall be required, and will be owned by either the abutting
property owner(s) or a homeowners' association unless accepted by a public entity. The
five foot (5') wide landscaped area on either side of the pathway may be decreased to a
minimum of two feet(2')wide (as measured from the edge of asphalt to the easement line)
when used in conjunction with a meandering pathway, however, the total width of the
landscape area shall not be less than ten feet(10') (i.e., 2 feet on one side of the path and 8
feet on the other). For safety purposes, planting material in this area is limited to three feet
(3') in height. The landscape, fence and building regulations for this area shall be indicated
by a note on the plat.
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5. A root barrier shall be placed on both sides of the pathway to prohibit tree roots from
damaging the pathway surface. The root barrier shall consist of black injection molded
panels with a minimum of 0.085 inch wall thickness in modules a minimum of twenty
four inches (24") long by twenty four inches (24") deep. Each panel shall have no less
than four (4) vertical deflecting ribs of a minimum 0.085 inch thickness protruding one-
half inch ('/2") at ninety degrees (90°)from the interior of the panel, spaced six inches(6")
apart. A minimum of nine(9) 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.
6. In order to design for crime prevention,the following design standards will be followed:
a. The use of "see through", open fencing, such as wrought iron, is preferred, as it
provides better visibility from adjacent homes or buildings. Solid fencing is
prohibited.
b. Adequate lighting may be provided as determined by Eagle city council and may be
owned and maintained by the city of Eagle once the path is turned over to the city for
maintenance.
c. The use of corners and curves in the design of the paths is discouraged.
7. Consideration shall be given to off street parking where paths connect to popular
destination points such as the Boise River greenbelt, and nearby streets may become
congested with vehicles parked by pathway users. Where pathway links connect to major
public open space that require vehicular parking, the council may request the developer to
designate land to be purchased and maintained by the appropriate public authority for
public parking. Buffering of surrounding residential uses shall be considered in the area
for purchase.
• Eagle City Code 9-4-1-9: Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
1. All residential dwelling units shall be provided with a pressurized irrigation system to be
served with irrigation water unless a waiver, as outlined herein, is approved by the city
council.
The city has adopted supplemental standards and regulations (titled "Pressure Irrigation
Standards", incorporated herein by reference and available at Eagle city hall)pertaining to
the design, construction and maintenance of pressurized irrigation systems. Plans and
documents reflecting the required standards and regulations shall be submitted with the
application for a preliminary plat.
The following design requirements and the requirements provided within the supplemental
"Pressure Irrigation Standards" shall apply to the pressurized irrigation system. These
standards shall supplement all other regulations, and where at variance with other laws,
regulations, ordinances or resolutions, the more restrictive requirements shall apply. The
council may determine that revisions to the supplemental standards are warranted and
make such revisions by act of a resolution.
a. The pressurized irrigation system may have a backup connection to a potable water
system with the approval of the city, city engineer, and the potable water purveyor,
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and the installation of a state approved reduced pressure backflow prevention
assembly or an air gap separating the irrigation system and the potable water system.
The operation, maintenance, associated costs, and annual inspection of the backup
connection and the backup system's reduced pressure backflow prevention assembly
shall be the responsibility of the entities as determined in "Pressure Irrigation
Standards" of this section. Individual backup connections to individual lots by
individual lot owners shall be prohibited with the exception of the common area lots
owned and maintained by the homeowners'association.
b. The pressurized irrigation system shall be designed by a licensed professional
engineer registered in the state of Idaho, and the construction plans for the system
shall be reviewed and approved by the city engineer.
2. The requirement for installation of a pressurized irrigation system may be waived by the
city council when the applicant has established that any of the following situations exist
(the sale or transfer of an existing water right shall not be grounds for requesting a waiver
pursuant to this provision):
a. Where a sufficient surface irrigation water right does not exist for the property. The
lack of surface irrigation water right shall be documented in writing by the appropriate
irrigation district or canal company and the department of water resources and shall be
submitted with the subdivision preliminary plat. In this case a waiver shall only be
granted for that portion of the subdivision that cannot be served.
b. Where an existing surface water right cannot be delivered to the property by an
irrigation district or canal company due to current delivery capacity or scheduling. In
these situations the city council may still require the installation of the pressure
irrigation system, provided water rights can be made available to the property and
delivery system modifications can be made so irrigation water can be supplied within
two(2)years.
c. Where the applicant has provided for another means of delivery such as flood
irrigation, if approved by the city engineer. The applicant shall present the proposed
alternative delivery system to the city engineer at the time the waiver is requested.
d. That due to the specific circumstances surrounding a new subdivision, the cost of
obtaining water rights, reestablishing water rights or developing the system would
impose an undue economic hardship on the developer. For purposes of this section, an
undue economic hardship shall consist of a showing that the cost per lot to develop the
pressurized irrigation system would be twenty five percent(25%) higher than the cost
per lot for providing a pressurized irrigation system to subdivisions of similar size and
density constructed in the city within the previous two (2) years; or the cost per lot of
the pressurized irrigation system would exceed five percent (5%) of the expected per
lot market value of the subdivision.
The developer shall bear the burden of providing documentation, acceptable to the
city engineer and city council, demonstrating and supporting the estimated costs of
construction of the pressurized irrigation system, and the 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.
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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. (Ord. 566, 5-15-2007)
• Eagle City Code 9-5-4: Planned Unit Development Subdivisions:
A planned unit development is a mechanism by which the city may permit a variety in type,
design, and arrangement of structures; and enable the coordination of project characteristics with
features of a particular site in a manner consistent with the public health, safety and welfare. A
planned unit development allows for innovations and special features in site development,
including the location of structures, conservation of natural land features, conservation of energy
and efficient utilization of open space. Large scale developments as defined herein shall be
submitted as planned unit developments. (Ord. 566, 5-15-2007)
D. DISCUSSION:
• The Eagle Comprehensive Plan Land Use Map designates this site as High Density Residential.
Additionally,the site is located within the Park Lane Planning Area. The applicant is proposing 31
residential lots with an overall density of 3.15 dwelling units per acre.
Residential dwellings require a conditional use permit within the MU (Mixed Use) zoning district.
Development requiring a conditional use permit in the MU zoning district, as shown in Eagle City
Code Section 8-2-3, shall occur under the PUD and/or development agreement process in
accordance with Title 8, Chapter 6 or 10 of Eagle City Code. The applicant is proposing a
development agreement in lieu of a Planned Unit Development (PUD) for this development;
therefore the associated PUD findings and conditions will be placed within the rezone findings and
associated development agreement.
• 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). An ERC is equivalent to a residential buildable lot. Based on 31-
lots, the total STL fees required for the subdivision is $65,100.00. A portion of the STL fees are to
be paid 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 $1,050 per lot. Based on 31-buildable lots the STL fees to be
paid at the time of preliminary plat application should be$32,550.00 with the remaining portion of
$32,550.00 to be paid at the time of 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 $32,550.00 preliminary plat Storage Trunk Line fees along with the associated
$32,550.00 final plat Storage Trunk Line fees for a total of$65,100.00 due at the time of submittal
of the first final plat application.
• The site is located in the Park Lane Planning Area which states that"a loop/frontage road similar to Old
Valley Road should be created. Uses should focus on this roadway(not State Street)with berming and
wide setbacks to be used to buffer any residential use from the regional transportation network."
The preliminary plat,date stamped by the City on December 22,2014,shows this frontage road as a 36-
foot wide street section(back of curb to back of curb)with rolled curb,gutter, 8-foot wide planter strips
and 5-foot wide detached sidewalk. This road is shown as an extension of W. Escalante Drive with a t-
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intersection located approximately 120-feet west of the eastern boundary of the site. The preliminary
plat then shows the roadway continuing north, and then west along the north property line stubbing to
the property to the west. See below:
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The proposed roadway section is not consistent with what was constructed with Eaglefield Estates
Subdivision to the east. Escalante Drive was constructed as a 52-foot wide street section(back of curb
to back of curb)with 21-foot wide travel lanes on both sides of 10-foot wide center landscape medians
within 70-feet of right-of-way. A 35-foot wide landscape buffer was constructed on both sides of the
roadway with no front-on housing.
On February 17, 2006, a presentation was provided to ITD regarding planning for State Highways
within the City of Eagle. The preferred alignment of W. Escalante Drive was identified during
that presentation. See below:
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The alignment proposed with this application is not consistent with what was identified in 2006 to
serve this area. Staff is concerned that by shifting the roadway to the north property line, it creates
a burden to the property owners to the west of constructing a longer, more costly, segment of the
collector roadway in order to bring it back in alignment with Moon Valley Road. Additionally, it
places a collector roadway adjacent to exisitng residential lots (Eaglefield Estates Subdivision).
Although there is a 40-foot wide common lot between the residential lots and the proposed
collector, the common lot is flat with no berming or fencing to counteract the noise that will be
created by the roadway. This will affect not only the three residents immediately adjacent to this
site, but if the roadway is continued in this alignment to the west, it has the potential to affect all of
the residents that back up to these properties.
Therefore, staff recommends that the applicant should be required to provide a revised preliminary
plat showing the extension of W. Escalante Drive moved to the south in order to follow the
alignment that was previously identified for this roadway. The revised preliminary plat should be
submitted prior to the submittal of a final plat application.
Concerns regarding traffic speeds can be mitigated with the use of traffic calming devises such as
landscape medians that were constructed with W. Escalante Drive to the east.
• The preliminary plat date stamped by the City on December 22, 2014, shows a 20-foot wide landscape
buffer located only on the south side of W. Escalante Drive. The applicant is proposing an 8-foot wide
planter strip and 5-foot detached sidewalk on the north side of the roadway. The applicant's proposal is
not consistent with Eagle City Code 8-2A-7(4)(a) which requires a 35-foot wide buffer (not including
right-of-way) be provided on both sides of a collector roadway with a minimum five foot (5') high,
maximum eight foot(8')high berm(or combination of berm and wall).
As stated above, the existing landscaping north of the site located within the Eaglefield Estates
Subdivision is flat in topography and is 40-feet in width.
Chapter 6.8.1 of the Eagle Comprehensive Plan(Park Lane Planning Area)states,"a loop/frontage road
similar to Old Valley Road should be created. Uses should focus on this roadway(not State Street)with
berming and wide setbacks to be used to buffer any residential use from the regional transportation
network."
Staff is concerned that the proposed location of the roadway (W. Escalante Drive) does not allow
for an adequate landscape buffer north of the collector roadway in order to provide separation of
the collector roadway from to the residents to the north. In conjunction with the relocation of the
collector roadway further south, staff recommends that the applicant should be required to provide
a revised preliminary plat showing a minimum 35-foot wide landscape buffer on both sides of W.
Escalante Drive with a minimum five foot (5') high, maximum eight foot (8') high berm (or
combination of berm and wall)prior to the submittal of a final plat application.
• The Middleton Mill Canal is located on the southern portion of the property. The applicant is
proposing landscaping adjacent to the canal. The applicant should be required to provide written
approval from the entity with jurisdiction over the Middleton Mill Canal regarding approval of
encroachments, landscape improvements, or tiling of the canal that runs through the property prior
to submittal of a final plat application.
• The proposed knuckle at the intersection of N. Tullshire Ave and N. Morley Green Way does not
meet Eagle City Code for cul-de-sac/knuckle design. The preliminary plat, date stamped by the
City on December 22, 2014, shows the proposed knuckle at thirty eight feet (38') in width, as
measured from back of curb to face of island. Per ECC Section 9-3-2-1 (G), the applicant should
be required to construct the knuckle as having a minimum radius of fifty feet(50') of right of way
including a landscape island with a minimum radius of ten feet (10') and a minimum of forty feet
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(40') of pavement. The applicant should be required to provide a revised preliminary plat showing
the knuckle at the intersection of N. Tullshire Ave. and N. Morley Green Way with a minimum of
40-feet in pavement prior to the submittal of a final plat application.
• The applicant is proposing the following building setbacks within the development to be placed in
the development agreement.
Front: 20-feet
Rear: 20-feet
Side: 5-feet
Street Side: 20-feet
Staff recommends the following changes to the proposed setbacks to be placed within a
development agreement. The changes are based on similarly sized lots in recently approved
subdivisions. Additionally, the proposed front setback would only provide 13.5-feet from the face
of garage to the back of sidewalk. This distance would result in cars extending over the sidewalk
and blocking pedestrians from using the sidewalk. Therefore, staff recommends the following
changes to the proposed setbacks. Setbacks to be measured from the property line:
Front: 15-feet/living area,25-feet/garage
Rear: 20-feet
Side: 5-feet(first story)/(additional 3-feet per story, measured to the second story)
Street Side: 20-feet
• The preliminary plat, date stamped by the City on December 22, 2014, does not provide an ACHD
storm drain note. The applicant should be required to provide a revised preliminary plat with a
plat note that identifies all ACHD storm drainage easements prior to the submittal of a final plat
application.
• The preliminary plat, date stamped by the City on December 22, 2014, does not provide a note
restricting access to W. State Street(State Hwy 44) and W. Escalante Drive. The applicant should
be required to provide a revised preliminary plat with a plat note that states that"Direct lot access
to W. State Street is prohibited. Direct lot access to W. Escalante Drive is prohibited with the
exception of Lot 2, Block 1 and Lots 12 and 13, Block 2 as noted on the plat" prior to the
submittal of a final plat application.
• With the recent large increase of residential subdivision applications and single family home
building permits issued in the City of Eagle, staff has become concerned that the elevated
expectations of quality homes and developments may should be continue In an effort to make sure
that developments are standards that has been known in the City of Eagle,
• In the last two years, the City of Eagle has experienced a large increase in residential subdivision
applications as well as building permits issued for single family homes (approximately 400
building permits issued in 2014). Most of the subdivisions approved within the City within the
last three years have been approved without minimum architectural requirements for the homes
within the subdivisions. The lack of standards have allowed homes to be constructed within the
City that are not consistent with past architectural expectations. In light of this concern, and to
reestablish minimum standards, staff recommends that the following single family home design
standards be incorporated into the development agreement for Eaglefield Village Subdivision:
a) At least seventy-five (75)percent of the second story of two-story dwellings shall be set back a
minimum of three (3) feet (from the wall plane) or set forward a minimum of two (2) feet
(from the wall plane) when positioned over the garage; or two-story dwellings shall include
architectural features such as but not limited to roof lines, belly bands, pop-outs, cantilevers,
material variations, etc., and eave "eyebrows" constructed with a minimum overhang of thirty
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six (36) inches across the full width of the garage to break the plane of the lower and upper
levels.
b) Elevations of dwellings shall incorporate varied wall planes or roof forms, and main entries
shall be defined by incorporating architectural elements such as roof gables, dormers,
stairways, vestibules,wainscoting, lighting, etc.
c) Elevations of dwellings, including the garage, shall include stucco, stone, brick, or similar
material, covering at least twenty (20) percent of each façade oriented to a street or a common
lot. When stucco, stone, brick, or similar material is located at a corner, it is required to wrap
the corner a minimum of twenty four(24) inches.
d) Vinyl siding shall be prohibited.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested annexation,
rezone with a development agreement, 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 March 2,
2015, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one(other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by two (2) individuals who indicated concerns regarding the lack of landscape buffer adjacent to the
existing residential homes to the north.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT (DEVELOPMENT AGREEMENT IN LIEU OF A PUD):
The Commission voted 3 to 0 (Wright and Villegas absent)to recommend approval of A-06-14/RZ-07-14
for an annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to MU-DA
(Mixed Use with a development agreement in lieu of a PUD) for Coleman Homes, LLC with conditions of
development as provided within their findings of fact and conclusions of law document, dated March 16,
2015.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Wright and Villegas absent) to recommend approval of PP-10-14 for a
preliminary plat for Eaglefield Village Subdivision, for Coleman Homes, LLC, with the site specific and
standard conditions of approval provided within their findings of fact and conclusions of law document,
dated March 16, 2015.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on April 14, 2015, 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 five (5) individuals
(other than the applicant/representative)who indicated they are in support of the proposed density and
collector road location and design. The individuals requested that additional berming and landscaping
be provided adjacent to the north side of the proposed collector road to mitigate the impact of the glare
from vehicle headlights.
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C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT (DEVELOPMENT AGREEMENT IN LIEU OF A PUD):
The Council voted 4 to 0 to approve A-06-14/RZ-07-14 for an annexation and rezone from RUT (Rural-
Urban Transition—Ada County designation)to MU-DA(Mixed Use with a development agreement in lieu
of a PUD) for Coleman Homes, LLC, with the following Planning and Zoning Commission recommended
conditions of development to be placed within a development agreement with underline text to be added
by the Council and strike through text to be deleted by the Council:
3.1 The maximum density for the Property shall be 3.15 3.5 dwelling units per acre.
3.2 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in that
concept may occur. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public hearing
shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be
required by the City.
3.4 Building setbacks shall be as follows. Setbacks to be measured from the property line:
Front: 15 20 feet/living area, 25-feet/garage
Rear: 20-feet
Side: 5-feet (first story up to two stories) .: -• _,
sue)
Street Side: 20-feet
3.5 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, private road, pressurized irrigation facilities, and amenities. The owner
shall provide an operation and maintenance manual including the funding mechanism as an
addendum to the CC&Rs and the repair and maintenance requirement shall run with the land
and that the requirement cannot be modified and that the homeowners association or other
entity cannot be dissolved without the express consent of the city.
(b) A requirement for all fencing located adjacent to open space to be open-style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or three-rail-type wooden
decorative fencing. All other fencing(i.e. cedar fencing, vinyl, chain link) shall be prohibited.
(c) A requirement that in the event any of the CC&R's are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&R's are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&R's unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule,regulation, law or ordinance.
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3.6 A License Agreement from Middleton Mill Canal shall be provided for all improvements within
their easement area prior to the City Clerk signing the final plat.
3.7 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to submittal of
the final plat application.
3.8 The submittal of the building permit application to the City for each home within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permits applications that do not have an approval letter attached will not be accepted.
design standards:
• - -• • :.• •- • : anc) or set forward a minimum of two (2) feet
material variations, etc., and cave "eyebrows" constructed with a minimum overhang of thirty
levels. -
shall be defined by incorporating architectural elements such as roof gables, dormers,
stairways,vestibules,wainscoting, lighting, etc.
(c) Elevations of dwellings, including the garage, shall include stucco, stone, brick, or similar
lot. When stucco, stone, brick, or similar material is located at a corner, it is required to wrap
the corner a minimum of twenty four(24)inches.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP-10-14 for a preliminary plat for Eaglefield Village Subdivision, for
Coleman Homes, LLC, 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-07-14.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat.
4. Provide a revised preliminary plat with a plat note indicating that, "This development is subject to the
development agreement associated with RZ-07-14 and any subsequent modifications." The revised
preliminary plat shall be provided prior to submittal of a final plat application.
5. The applicant shall be required to pay the $32,550.00 preliminary plat Storage Trunk Line fees along
with the associated $32,550.00 final plat Storage Trunk Line fees for a total of$65,100.00 due at the
time of submittal of the first final plat application. (Resolution No. 08-09)
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vt-
Fitii --- r _____, .. .. ie. To
Residential Collector R
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. : Connection tiliV&OV
7. ' •. . , , - •.. . . . • _ .. .. .. - .. ' .
W. Escalante Drive designed in accordance with Eagle City Code Section 8 2A 7(J)(4)(a)prior to the
8. Provide written approval from the entity with jurisdiction over the Middleton Mill Canal regarding
approval of encroachments, landscape improvements, or tiling of the canal that runs through the
property prior to submittal of a final plat application.
9. Provide a revised preliminary plat showing the knuckle at the intersection of N. Tullshire Ave. and N.
Morley Green Way with a minimum of 40-feet in pavement or provide written approval from the
Eagle Fire Department for the proposed design prior to the submittal of a final plat application. (ECC
9-3-2-1[G])
10. Provide a revised preliminary plat with a plat note that identifies all ACHD storm drainage easements
prior to the submittal of a final plat application.
11. Provide a revised preliminary plat with a plat note that states "Direct lot access to W. State Street is
prohibited. Direct lot access to W. Escalante Drive is prohibited with the exception of Lot 2, Block 1
and Lots 12 and 13, Block 2 as noted on the plat" prior to the submittal of a final plat application.
(ECC 9-4-1-2)
12. Provide a revised preliminary plat showing an 8-foot wide pathway located on Lot 9,Block 3,within a
16-foot wide easement, prior to the submittal of a final plat application. (ECC 9-4-1-6[D][1])
13. Add a note to the final plat which states that, "Minimum building setback lines shall be in accordance
with the setbacks approved with the development agreement identified by instrument no.
and any subsequent modifications."
14. The applicant shall submit a design review application showing at a minimum: 1) proposed
subdivision signage, 2)planting details within the proposed and required landscape berms, landscaped
islands and knuckles, and all common areas throughout the subdivision, 3) building elevation plans
for all proposed common area structures and irrigation pump house (if proposed), 4)useable amenities
such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar
amenities, 5)proposed style of fencing. The design review application shall be reviewed and approved
by the Eagle Design Review Board prior to the submittal of a final plat application. (ECC 8-2A-7).
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 on the side lot lines, or as approved by the Design Review Board and within five-
feet (5') of the edge of the roadway. 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 within landscape strips.
Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary
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occupancy may be issued if weather does not permit landscaping. (ECC 8-2A-7[E] and ECC 8-2A-
18).
16. The applicant shall provide a license agreement from ACRD approving the landscaping located within
the public rights-of-way abutting and within this site prior to approval of a final plat application. (ECC
9-4-1-2)
17. The applicant shall place a note on the final plat that the pressurized irrigation system and all common
lots are to be owned and maintained by the Homeowner's Association. (ECC 9-4-1-9[C][1])
18. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This Street is to be extended in the future."(ECC 9-4-1-2)
19. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain
the pressurized irrigation system and all common landscape areas in the subdivision are maintained in
a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees in perpetuity. The Eaglefield Village Subdivision shall remain under the control of one
Homeowners Association. (ECC 9-4-1-9[C][1])
20. 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.
21. The applicant shall install at the entrances to the Eaglefield Village Subdivision 4' x 4' plywood or
other hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs being a minimum
of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off
leash. The signs shall be installed prior to the issuance of any building permits.
22. The applicant shall provide some type of gate/fencing to restrict access to the Middleton Mill Canal
for safety purposes. The gate/fencing shall be identified on the landscape plans provided with the
design review application. The design review application shall be reviewed and approved by the
Design Review Board prior to the submittal of a final plat application.
23. The applicant shall work with the property owners (located north of the development) in regard to
providing a landscaped buffer planted with a mix of deciduous and conifer trees located adjacent to
West Escalante Drive. The applicant shall provide a landscape plan showing the proposed landscape
buffer to be reviewed and approved by the Design Review Board prior to submittal of a final plat
application.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the
plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not be
necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
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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(B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile
or other like satisfactory underground conduit to permit the delivery of water to those landowners
within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s)shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City
Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all
runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot
line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City Engineer prior to the City Engineer signing the final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying
outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
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The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service, and
as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle
Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square
feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas,
storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved
by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of structures,
grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the
City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final
plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
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21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable)prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25. Basements in homes in the flood plain are prohibited.
26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
27. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle for
a change to the planned use of the subject property.
28. No public board, agency, commission, official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements required by the Eagle City Code
Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC
9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a time
extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
32. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
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33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the site
shall be submitted prior to the issuance of any building permits for the site.
34. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above the
ground)noticing the contractors to clean up daily,no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, November 8, 2014, at Eagle City Hall in compliance
with the application submittal requirement of Eagle City Code. The applications for these items were
received by the City of Eagle on December 22,2014.
2. Notice of Public Hearing on the applications 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 February 9, 2015. 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 February 12, 2015. Requests for agencies' reviews
were transmitted on January 9, 2015, in accordance with the requirements of the Eagle City Code. The
site was posted in accordance with the Eagle City Code on February 16, 2015.
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 March 23,
2015. 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 March 27, 2015. The site was posted in accordance with the Eagle City Code
on April 4, 2015.
3. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone
with a development agreement (A-06-14 & RZ-07-14) 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 requested zoning designation of MU-DA (Mixed Use with a development agreement) is
consistent with High Density Residential as identified in the Comprehensive Plan; and
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that adequate public facilities exist, or are expected to be provided,to serve all
uses allowed on this property under the proposed zone; and
c. The proposed MU-DA (Mixed Use with a development agreement)zone is compatible with the R-
4-DA-P (Residential—PUD with a development agreement) zone and land use to the north since
that area was developed with lots of similar size; and
d. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with the
RUT(Rural Urban Transition—Ada County designation) zone and land use to the south since that
area may be developed in a similar manner as this development; and
e. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with the
RUT (Rural Urban Transition—Ada County Designation) zone and land use to the west since that
area may be developed in a similar manner as this development; and
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f. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with the
MU-DA (Mixed Use with a development agreement) zone and land use to the east since that area
was developed with lots of similar size; and
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; 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
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. 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 Eaglefield Village Subdivision is to provide residential housing varieties which is a
goal of the City of Eagle PUD ordinance.
b. The development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area because;
The development will be harmonious and appropriate in appearance with the existing subdivision
on the adjacent property to the east and north.
c. The development will not be hazardous or disturbing to existing or future neighborhood uses
because;
Eaglefield Village Subdivision is proposed to be developed in a manner harmonious with existing
and future uses in the immediate vicinity (Eaglefield Estates Subdivision and The Preserve
Subdivision) because the applicant will be required to install a landscape buffer between West
Escalante Drive and the adjacent properties located north of the proposed development; and
d. 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. Eaglefield Village Subdivision will be served by Escalante Drive
which has access to Linder Road and eventually to State Hwy 44 with the extension of Escalante
Drive with future development; and
e. 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. 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
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provides the services in the initial stages of development the public service providers avoid
potential liability and expenses; and
g. The development is provided with parks, ponds, open areas, areas of special interest, floodplain
preservation, and/or other special features which would not typically be provided in a non-PUD
proposal because;
The development plan was designed with consideration given to usable open space, pedestrian
pathways interior to the site, a pocket park, and improvements to open space adjacent to Escalante
Drive; and
h. 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 Escalante Drive from Linder Road. The development will
include a stub street to the adjacent parcel to the west which will provide intra-neighborhood
connectivity upon further development of said property. The design and construction of the
roadways and entrances is guided by the Ada County Highway District; and
i. The development will not result in the destruction, loss, or damage of a natural, scenic or historic
feature of major importance because;
No natural, scenic, or historic features of major importance are known to exist on the site; and
j. 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
High Density Residential for the overall development; and
k. The proposed development will be harmonious with and in accordance with the general objectives
or with any specific objective of Eagle City Code Title 8 because;
This application requests approval for a development agreement in lieu of a PUD as outlined in
Eagle City Code and satisfies those requirements as well as will be required to meet the conditions
herein. In addition, the development will be required to submit an application for design review
and comply with all Eagle City Codes and conditions of approval of the design review; and
1. 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. The development will not create excessive additional requirements at public cost for public
facilities and services because the facilities and services will be constructed at the expense of the
developer as conditioned herein; and
n. All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water, or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses.
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5. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-10-
14) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with Eagle City Code 9-2-3 (D)(3)(a) "Action by the Commission and Council"
because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within
the findings provided within this document and the proposed residential use is in accordance with
the residential land use designation of this area shown within the Comprehensive Plan; and
b. The subdivision will be served adequately by essential public facilities such as streets, police and
fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide adequately
any such services, as noted in the documentation provided from said agencies and as required as a
part of the conditions of approval; and
c. That there are no known capital improvement programs for which this development would prevent
continuity; and
d. That based upon agency verification and additional written comments of the Eagle Fire District,
Eagle Sewer District, and United Water Company as conditioned herein, there is adequate public
financial capability to support the proposed development; and
e. That any health, safety and environmental problems that were brought to the Commission and
Council's attention have been adequately addressed by the applicant or will be conditions of
approval as set forth within the conditions of approval herein.
DATED this 28th day of April, 2015
CITY COUNCIL
OF THE CITY OF EAGLE ,,,,,,,,,,
,,,
,,,,Ada County, Idaho .0 of EAC,
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I ames D. Reynol. ,yor �S O #
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Sharon K. Bergmann, Eagle City Cl;rk �����""����
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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