Findings - PZ - 2015 - RZ-01-15 & PP-01-15 - Mod Of Da #113089276/Liberty Park Subd/23 Lot/4.89 Acre/3555 W. Flint Drive BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION,DEVELOPMENT )
AGREEMENT IN LIEU OF A PUD,AND )
PRELIMINARY PLAT FOR LIBERTY )
PARK SUBDIVISION FOR LIBERTY PARK,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-01-15 & PP-01-15
The above-entitled development agreement modification, development agreement in lieu of a PUD, and
preliminary plat applications came before the Eagle Planning and Zoning Commission for their
consideration on April 20, 2015, at which time public testimony was taken and the public hearing was
closed. The Commission made their recommendation at that time. The Commission, having heard and
taken oral and written testimony, and having duly considered the matter, makes the following Findings of
Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Liberty Park, LLC, represented by Nancy Merrill, is requesting modification of the executed
development agreement (Ada County instrument number #113089276, associated with RZ-08-03
MOD3 & RZ-04-12), and preliminary plat approval for Liberty Park Subdivision, a 23-lot (15-
residential, 2-commercial, and 6-common) subdivision. The 4.89-acre site is located at the
southeast corner of W. Flint Drive and N. Park Lane and 3555 W. Flint Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, January 21, 2015 and a subsequent meeting at
6:00 PM, March 17, 2015, at the Big Star Coffee (94 N. Fisher Park Way) in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received
by the City of Eagle on February 19, 2015.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on March 30, 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 April 3, 2015. Requests for agencies'
reviews were transmitted on February 24, 2015, in accordance with the requirements of the Eagle
City Code. The site was posted in accordance with the Eagle City Code on April 9, 2015.
D. HISTORY OF PREVIOUS ACTIONS:
On September 7, 2004,the City Council approved a comprehensive plan amendment to change the
land use designation on the Comprehensive Plan Land Use Map from Residential One (up to one
dwelling unit per acre)to Mixed Use and a rezone from A-R(Agricultural-Residential)to MU-DA
(Mixed Use with development agreement) for Lots 1 and 2, Block 1, and Lots 1, 2, 4, 5, 6, 8, and
9,Block 2, of Flint Estates Subdivision(CPA-03-03 and RZ-08-03).
On September 27, 2005, the City Council approved a conditional use permit, preliminary
development plan and preliminary plat for Bellemeade Planned Unit Development for Tom Ricks
and John Wood(CU-07-05/PPUD-03-05/PP-09-05).
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On May 8, 2007, the Eagle City Council approved a design review (DR-87-06) for the common
area landscaping for Bellemaede Subdivision for Tom Ricks.
On May 8, 2007, the Eagle City Council approved a design review(DR-88-06) for the signage for
Bellemaede Subdivision for Tom Ricks.
On November 20, 2007, the City Council approved a final development plan and final plat for
Bellemeade Subdivision for Tom Ricks(FPUD-02-07 &FP-05-07).
On October 28, 2008, the City Council approved a modification to the development agreement
associated with Arts West Subdivision and surrounding properties (RZ-08-03 MOD).
On June 14, 2011,the City Council approved a second modification to the development agreement
associated with Arts West Subdivision and surrounding properties(RZ-08-03 MOD2).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with Vacant
Development Agreement)
Proposed No Change MU-DA(Mixed Use with Commercial/Single
Development Agreement in Family Residential
Lieu of a PUD)
North of site Mixed Use MU-DA(Mixed Use with Single Family
Development Agreement) Residential
South of site Mixed Use MU-DA (Mixed Use with Vacant/State Hwy 44
Development Agreement)
East of site Mixed Use MU-DA(Mixed Use with Senior Independent
Development Agreement) Living Units
West of site Mixed Use RUT(Rural Urban Transition Park Lane/Vacant
—Ada County Designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site—4.89
Total Number of Lots-23
Residential- 15
Commercial-2
Industrial-0
Common-6
Total Number of Units -
Single-family- 15
Duplex- 0
Multi-family-0
Total Acreage of Any Out-Parcels—0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 3.33* Not to exceed 3 du/acre (Pursuant to
the executed development agreement,
Ada County instrument number
#113089276)
Minimum Lot Size 5,000 square feet 5,000 square feet(minimum lot size in
the MU zone)
Minimum Lot Width 50-feet 50-feet
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Area 1.11-acres .98-acres (minimum)
Percent of Site as Common Area 23% 20%(minimum)
Except that,according to ECC Section 9-3-8
(C)the City may require additional public
and/or private park or open space facilities in
PUDs.
• Note — The proposed development contains commercial and residential uses. The proposed density is
based only on the residential area.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 9-3-7(a) requires 20-foot wide landscape strips to screen adjacent
incompatible features such as highways, railroads, commercial or industrial uses from proposed
residential properties.
Open Space:
A total of 1.11-acres (23% of the total residential area of the subdivision) is proposed within the
residential area of the subdivision. The open space consists of planter strips, and open areas. A
minimum of 20% is required except that, according to ECC Section 9-3-8 (C)the City may require
additional public and/or private park or open space facilities in PUDs.
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 and drainage easements to be not less than 12 feet
wide, except a lesser easement widths, to coincide with respective setbacks, may be considered as
part of a planned unit development.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
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On-site Septic System(yes or no)—yes
The existing residence located at 3855 West Flint Drive is served by an on-site septic system.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
J. STREET DESIGN:
Public Streets:
The preliminary plat, date stamped by the City on February 19, 2015, contains a typical street
section that shows the internal local roadways with a thirty eight foot(38')wide right-of-way with
a thirty four foot(34')wide street section(back of curb to back of curb)with rolled curbing.
Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500': None
Cul-de-sac Design: None
Sidewalks:
An attached five-foot (5') wide concrete sidewalk is proposed along N. Park Lane and along Flint
Drive from the east property line for approximately 260-feet. The applicant has requested the
attached sidewalk along Flint Drive be allowed for this portion due to existing mature trees.
A detached five foot (5') wide concrete sidewalk is proposed along the remainder of Flint Drive
and both sides of all interior public roadways.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications shall be
provided to the City Zoning Administrator prior to the City Engineer signing the final plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received to date.
Approval from that committee is required prior to final plat approval.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right-of-way or separate easement, as may be specified by the City Council.
L. PUBLIC USES PROPOSED: None proposed
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M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes—located in proximity to the existing residence (Lot 14, Block 3) and adjacent
to Flint Drive between the street and the existing residence.
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments,which appear to be of special concern, are noted below:
City Engineer: All comments within the engineer's letter dated March 30, 2015 are of special
concern(attached to the staff report).
Ada County Highway District
Ballantyne Ditch Company
Ballantyne West Lateral Users Association
Central District Health
Eagle Fire Department
Republic Services
Tesoro Logistics
Q. LETTERS FROM THE PUBLIC: None to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or Development
Agreement process, see specific planning area text for a complete description.
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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:
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 through the use of a
development agreement at the time of rezone.
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.
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.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code 8-2-1: Districts Established,Purposes and Restrictions:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited
office, limited commercial, and residential. This district is intended to ensure compatibility of
new development with existing and future development. It is also intended to ensure
assemblage of properties in a unified plan with coordinated and harmonious development
which shall promote outstanding design without unsightly and unsafe strip commercial
development. Uses should complement the uses allowed within the CBD zoning district. All
development requiring a conditional use permit in the MU zoning district, as shown in
section 8-2-3 of this chapter, shall occur under the PUD and/or development agreement
process in accordance with chapter 6 or 10 of this title unless the proposed development does
not meet the area requirements as set forth in section 8-6-5-1of this title. In that case a
cooperative development, in conjunction with adjacent parcels (to meet the minimum area
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requirements), shall be encouraged. Otherwise a conditional use permit shall be required
unless the proposed use is shown as a permitted use in the MU zoning district within
section 8-2-3 of this chapter. Residential densities shall not exceed twenty (20) dwelling units
per gross acre. When a property is being proposed for rezone to the MU zoning district, a
development agreement may be utilized in lieu of the PUD and/or conditional use process if
approved by the city council, provided the development agreement includes conditions of
development that are required during the PUD and conditional use process. (Ord. 673, 11-27-
2012)
• Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Requirements:
Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Minimum
District Height Side Side Lot Covered Area(Acres Or Lot
Sq.Ft.)G And Width I*
H*
MU 35' 20' 20' 7.5' 20' 50% 5,000 50'
G. All front load garages shall be set back a minimum of 25 feet from the back of
sidewalk.
• Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements
M. Parkway Strips, Separated Sidewalks, and Street Trees:
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA
sidewalks shall be separated from the curb along all streets. Sidewalks shall be
required when space permits. An eight foot (8') wide minimum parkway planter strip
planted with shade class (class II) trees shall be required between the sidewalk and
street to provide a canopy effect over streets.
2. In all required applications, excluding residential developments, one street tree,
selected from the approved tree list in subsection Q of this section, shall be planted
per thirty five(35) linear feet of street frontage.
3. Within residential developments one shade class (class II) tree selected from the
approved tree list in subsection Q of this section shall be located on both sides of all
streets within the eight foot (8') wide landscape strip between the sidewalk and the
curb. Trees shall be planted at the front of each lot generally located on each side lot
line corner with the distance between trees to be a minimum of thirty five feet (35')
and a maximum of eighty feet(80')of street frontage.
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:
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1. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping,
pedestrian-way treatment and recreational areas;
2. Siting: Visual focal points, use of existing physical features such as topography, view,
sun and wind orientation, circulation pattern,physical environment.
D. Direct Access: A minimum of fifty percent (50%) of all lots shall be designed to be
adjacent to, or at a minimum, have direct access to common area open space. The term
"direct access" means all building lots are to be located a maximum of two hundred fifty
feet (250') away from a pathway connecting to a common area open space lot. Building
lots separated from a common area open space lot by a local roadway shall be deemed to
have achieved direct access. The required planter strip located between the sidewalk and
the street will not be permitted to fulfill this requirement.
• Eagle City Code 8-6-5-5: Arrangement of Residential Units:
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.
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:
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.
• Eagle City Code 8-6-5-6: Arrangement of Commercial and Office Uses:
When PUDs include commercial or office uses, buildings and establishments shall be planned
as groups having common parking areas and common ingress and egress points in order to
reduce the number of potential accident locations at intersections. Planting screens or fences
shall be provided on the perimeter of the commercial areas abutting residential areas.
The plan of the project shall provide for the integrated and harmonious design of buildings,
and for adequate and properly arranged facilities for internal traffic circulation, landscaping
and such other features and facilities as may be necessary to make the project attractive and
efficient from the standpoint of the adjoining and surrounding noncommercial areas.
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All areas designed for future expansion or not intended for immediate improvement or
development shall be landscaped or otherwise maintained in a neat and orderly manner.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code 9-1-6: Rules and Definitions:
Open Space: A common area platted as a separate lot(except for the portion of the 8 foot wide
landscape strip located adjacent to and within the public right of way of a local street)
substantially open to the sky, exclusive of streets, commercial and residential buildings, and
shall be designated and intended as a usable and convenient amenity for the residences of any
proposed development.
Open Space, Active: Common area which includes, but is not limited to, athletic fields,
buildings or structures for recreational activities including picnic areas, community garden,
courses or courts, children's play area, dog play area, and pathways, excluding passive open
space areas. Landscape buffer areas not required pursuant to subsection 8-2A-7J of this code
may be considered, in part, as active open space provided a pathway or other active amenity is
located within and incorporated into the buffer area.
Open Space, Passive: Common areas which includes, but is not limited to, landscape buffer
areas required pursuant to subsection 8-2A-7J of this code (including the sidewalk within the
buffer area), natural areas, wetland areas, ornamental gardens, decorative fountains, and water
bodies, excluding active open space areas.
• Eagle City Code 9-3-2-1: Location and Design
C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new
subdivisions shall be such that said streets extend to the boundary line of the tract to make
provisions for the future extension of said streets into adjacent areas, and shall have a cul-
de-sac or temporary cul-de-sac. A reserve street may be required and held in public
ownership.
• Eagle City Code 9-3-2-2: Street Widths
A. Street and road right of way widths, grade, alignment, and so forth, shall conform to the
adopted major street plan or comprehensive plan and shall be approved by the highway
district and/or other agency having jurisdiction.
• Eagle City Code 9-3-6: Easements
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines. Total easement width shall not be less than twelve feet (12'), except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of
the planned unit development.
B. Unobstructed drainage-way easements shall be provided in conjunction with the utility
easement alongside lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
C. All natural drainage courses shall be left undisturbed or be improved in a manner which
will improve the hydraulics and ease of maintenance of the channel.
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• 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.
• Eagle City Code 9-3-8: Public Sites and Open Spaces:
4. Ownership and Management of Open Space:
a. Ownership Of Open Space: The applicant must identify the owner of the open space
who is responsible for maintaining the open space and facilities located thereon. If a
homeowners' association is the owner, membership in the association shall be
mandatory and automatic for all homeowners of the subdivision and their successors.
If a homeowners' association is the owner,the homeowners' association shall have lien
authority to ensure the collection of dues from all members. The responsibility for
maintaining the open space and any facilities located thereon shall be borne by the
owner.
b. Management Plan: Applicant shall submit a plan for management of open space and
common facilities(plan)that:
(1) Allocates responsibility and guidelines for the maintenance and operation of the
open space and any facilities located thereon, including provisions for ongoing
maintenance and for long term capital improvements;
(2) Estimates the costs and staffing requirements needed for maintenance and
operation of, and insurance for, the open space and outlines the means by which
such funding will be obtained or provided;
(3) Provides that any changes to the plan be approved by the city council; and
(4) Provides for enforcement of the plan.
• Eagle City Code 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner
lots shall be an open fencing style such as wrought iron or other similar decorative style,
durable fencing material. Specific buffer area fences and decorative walls may be allowed as
otherwise required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated areas.
A section within the subdivision CC&Rs shall be created for the regulation of fences to this
effect.
• Eagle City Code 9-4-1-2: Streets and Alleys
All public streets and alleys shall be constructed in accordance with the standards and
specifications adopted by the Ada County highway district or the Idaho transportation
department, whichever the case may be. (Ord. 566, 5-15-2007)
• Eagle City Code 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations
A. Intent: The placement of pathways is intended to encourage non-motorized forms of
travel, and to provide safe, convenient and aesthetic alternative travel routes to common
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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. Micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum eight feet (8') wide and shall be
located within a sixteen foot (16') wide pedestrian access easement, however, in an
area where low volume pedestrian traffic is anticipated, the council may consider a
reduction in pathway width to six feet(6'). Regional pathways such as the Boise River
greenbelt and pathways located adjacent to major roadways shall be a minimum ten
feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access
easement.
3. A five foot (5') wide landscaped area/building and fence setback, as measured from
both edges of the paved path, shall be required, and will be owned by either the
abutting property owner(s) or a homeowners' association unless accepted by a public
entity. The five foot (5') wide landscaped area on either side of the pathway may be
decreased to a minimum of two feet(2')wide (as measured from the edge of asphalt to
the easement line) when used in conjunction with a meandering pathway, however,
the total width of the landscape area shall not be less than ten feet(10') (i.e., 2 feet on
one side of the path and 8 feet on the other). For safety purposes, planting material in
this area is limited to three feet (3') in height. The landscape, fence and building
regulations for this area shall be indicated by a note on the plat.
6. In order to design for crime prevention, the following design standards will be
followed:
a. The use of"see through", open fencing, such as wrought iron, is preferred, as it
provides better visibility from adjacent homes or buildings. Solid fencing is
prohibited.
F. Sidewalk Design:
1. Sidewalks, a minimum five feet(5')wide, shall be required on both sides of the street.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County highway district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of
curb by a minimum eight foot (8') wide landscape strip. The landscape strip shall be
completed with sod, automatic irrigation, and planted with three inch (3") minimum
caliper shade class trees along all streets within the subdivision. Installation of
landscaping shall be in accordance with section 8-2A-7 of this code. The area within
the eight foot (8') wide landscape strip may be counted toward the minimum required
common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line.
Minor variations to the location of a tree may be considered by the design review
board during the review of the subdivision landscape plan.
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• 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, 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.
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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.
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 the property as Mixed Use, The
applicant has submitted a development agreement modification and a preliminary plat
application for Liberty Park Subdivision, which consists of 4.89-acres. The applicant is
proposing a 23-lot (15-residential, 2-commercial, and 6-common) subdivision. The proposed
density of 3.33-dwelling units per acre is based on the residential area. The residential area of
the proposed development provides building lots ranging in size from 5,001-square feet to
7,144-square feet in size. The property was originally zoned MU-DA (Mixed Use with a
development agreement) with a maximum density of three (3) units per acre. The applicant is
requesting a modification of the development agreement (in lieu of a PUD) in part to request
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an increase to the maximum allowed density for the property. The original density for the
subject parcel was capped at three (3) units per acre because a preliminary plat was not
submitted at the time of the original application and since the property was approved with a
MU-DA (Mixed Use with a development agreement) it was unknown what density may be
proposed. With this application the design, density, and product type is identified. 0
• The proposed subdivision, Liberty Park is currently part of an existing development
agreement. The applicant is proposing to enter into an amended and restated development
agreement, removing this site from the original development agreement. The existing
development agreement, instrument number 113089276, will also need to be modified to
amend item 3.21, page 5 which currently reads,
"Lots 1 and 2, Block 1, and Lot 2, Block 2, of the Amended Plat of Flint Estates
Subdivision shall be permitted for development of a residential subdivision not to exceed
three (3) dwelling units per acre. The residential subdivision shall be submitted as a
Planned Unit Development(PUD)."
Condition of Development 3.21, should be revised to read,
"Lots 1 and 2, Block 1, of the Amended Plat of Flint Estates Subdivision shall be
permitted for development of a residential subdivision not to exceed three (3) dwelling
units per acre. The residential subdivision shall be submitted as a Planned Unit
Development(PUD)."
As part of this application, the applicant is requesting development agreement modification(in
lieu of a PUD) approval. It is the applicant's intent to enter into an amended and restated
development agreement specific to this parcel only. This will require the drafting of two
development agreements. One to modify the existing development agreement, and one
specific to the proposed development. The two development agreements should be completed
and recorded prior to the submittal of a final plat application.
• The applicant requested a waiver of the pressure irrigation standards. The narrative provided
with the application states that "This property was acquired in a Trustee sale. The Ballantyne
water shares for the property are tied up in court and are being disputed. We do not have the
water shares needed for the property for pressurized irrigation." Eagle City Codes 9-4-1-9(2)
states that, "the sale or transfer of an existing water right shall not be grounds for requesting a
waiver." To date, the applicant's representative has not provided sufficient information to
meet the conditions of a waiver request. Therefore, the applicant should be required to
provide pressurized irrigation for the proposed development. The applicant should be required
to submit evidence of water rights and pressure irrigation calculations prior to the submittal of
a final plat application.
• The City of Eagle received two emails regarding the existing irrigation lateral (from Gerald
King with the Ballantyne Ditch Company, date stamped by the City on March 9, 2015 and
from the Ballantyne West Lateral Users Association, date stamped by the City on April 3,
2015). Both emails requested that the lateral located along the south property line be tiled for
safety and maintenance reasons. The preliminary plat, date stamped February 9, 2015, shows
both the existing lateral and what appears to be a pipe that is grayed out and not identified as
being piped. Therefore, staff recommends that the applicant be required to tile the existing
irrigation lateral along the south property line. The applicant should be required to provide a
revised preliminary plat showing and identifying the irrigation lateral to be piped. The
preliminary plat should also identify the irrigation lateral to be located within an irrigation
easement. The revised preliminary plat should be provided prior to the submittal of a final plat
application.
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• The preliminary plat, date stamped by the City on February 19, 2015, shows a typical street
section with a 38-foot wide right-of-way containing a 34-foot wide travel way (measured from
back-of-curb to back-of-curb) inclusive of 2-feet of the 8-foot wide planter strip located on
each side of the street. The remaining 6-feet of each planter strip and the detached 5-foot wide
sidewalk is located outside of the right-of-way. The applicant should provide a revised
preliminary plat showing the street right-of-way expanded to include the eight-foot (8') wide
planter strips. The revised preliminary plat should show the five-foot (5') wide detached
sidewalks to be located within an ACHD pedestrian easement The revised preliminary plat
should be provided prior to submittal of a final plat application
• The preliminary plat, date stamped by the City on February 19, 2015, does not note or
delineate any easements. Pursuant to Eagle City Code, Section 9-3-6, unobstructed utility and
drainage easements are to be provided along front, rear and side property lines. The easement
width is to be minimum of twelve-feet (12') in width, except that a lesser easement width, to
coincide with respective setbacks, may be considered as part of a planned unit development.
Since the right-of-way contains only two-feet (2') of the eight-foot (8') wide planter strip and
the utility easement is required to be located along the front property line the utilities may be
located under the required street trees. The applicant should be required provide a revised
preliminary plat with plat notes that read:
o "Unless otherwise designated or dimensioned, there shall be a permanent easement for
public utilities, irrigation, lot drainage, sewer, irrigation and street lights over the twelve
(12) feet adjacent to any public street. This easement shall not preclude the construction of
hard-surfaced driveways and walkways to each lot."
o "Unless otherwise designated or dimensioned, there shall be a permanent easement for
public utilities, irrigation, and lot drainage over the five(5)feet adjacent to side lot lines."
o "Unless otherwise designated, there shall be a permanent easement for public utilities,
pressure irrigation and lot drainage over the twelve(12)feet adjacent to rear lot lines."
• Pursuant to Eagle City Code Section 9-3-5, lots within any subdivision shall comply in all
respects with the "Official Height and Area Regulations" as set forth in Section 8-2-4. The
applicant is requesting approval of the following setbacks:
Front 20-feet(from road to garages)
Rear 15-feet
Interior Side 5-feet
Although the applicant is not requesting any changes to the front yard setback of 20-feet in
width, based on the five-foot(5')wide detached sidewalk being located outside of the right-of-
way, if a car were parked in front of a front loaded garage the car could potentially overhang
the sidewalk area since the garage would be located approximately 15-feet(15')from the back
of the sidewalk. To alleviate the concern regarding vehicles parked outside of the garage
overhanging the sidewalk additional space should be required for front loaded garages.
Staff recommends the following setbacks as measured from the property line:
Front 20-feet/living area, 25-feet/garage(front load)
Rear 15-feet
Interior Side 5-feet (first story)/ (additional 3-feet per story, measured
to the second story)
Street Side 20-feet
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• The preliminary plat, date stamped by the City on February 19, 2015, shows 5-foot wide
attached sidewalks along N. Park Lane. Eagle City Code 9-4-1-6(F)(3) states that sidewalks
shall be separated from the edge of the abutting roadway and/or back of curb by a minimum
eight foot (8') wide landscape strip. The applicant should be required to provide a revised
preliminary plat showing detached 5-foot wide sidewalks with an 8-foot wide planter strip
along N. Park Lane prior to submittal of a final plat application.
• The proposed landscape plan submitted on February 19, 2015, does not identify what areas of
landscaping is active open space. Pursuant to Eagle City Code 9-3-8(D)(1), a minimum of
15% of the open space shall be active open space. The application states that a gazebo and
picnic area will be provided on Lot 9, Block 3, although the landscape plan does not reflect
that. The applicant should be required to provide active open space as defined as "common
area which includes, but is not limited to, athletic fields, buildings or structures for recreational
activities including picnic areas, community garden, courses or courts, children's play area,
dog play area, and pathways, excluding passive open space areas." The applicant should be
required to provide a minimum of 15% of the open space as active open space. The applicant
should be required to submit a revised landscape plan with the design review application.
• The preliminary plat, date stamped by the City on February 19, 2015, does not provide a plat
note regarding building setbacks. The applicant should be required to provide a revised
preliminary plat with a plat note that reads, "Minimum building setback lines shall be in
accordance with the Eagle City Zoning Ordinance at the time of issuance of a building permit
or as specifically approved by the conditions of development for the City of Eagle RZ-01-15
as instrument no. , records of Ada County, Idaho and any subsequent
modification(s)."
• The existing home located at 3555 West Flint Drive is served by an individual well for potable
water and an on-site septic system. The existing home should be permitted to remain on the
existing services until such time either the existing well or septic system fails at which time
they should be required to connect to central water or sewer. The existing home located at
3555 West Flint Drive may continue the use of the existing well and septic system, however,
the applicant shall provide a stub-out for public water and sewer service to the existing home
prior to City Clerk signing the final plat.
• The preliminary plat, date stamped by the City on February 19, 2015, does not contain an
ACRD master storm drain note for Lot 1, Block 3. The applicant should be required to
provide a revised preliminary plat with an ACRD master storm drain note that references Lot
1, Block 3, prior to the submittal of a final plat application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested development
agreement modification, development agreement in lieu of a PUD, and preliminary plat with conditions of
approval as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on April
20, 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 the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
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C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
D. Oral testimony neither in opposition nor in favor of the application was presented to the Planning and
Zoning Commission by two (2) individuals who indicated the importance of tiling the existing
Ballantyne Ditch lateral and providing pressurized irrigation to the property.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• They support the staffs recommendation regarding the development.
• The existing executed development agreement should be amended and restated to not include the
subject parcel and the subject parcel should be addressed within a new development agreement.
• The proposed development consisting of commercial and residential uses fits well within the area.
• The requirement of providing pressurized irrigation to the development should remain.
• The existing Ballantyne Ditch lateral located adjacent to the southern boundary should be tiled.
• Due to the width of the right-of-way, required utility easement, and the short depth of the proposed lots
the front setback should be measured from the common driveway and no front loaded garage facing
the street should be permitted.
COMMISSION DECISION REGARDING THE DEVELOPMENT AGREEMENT
MODIFICATION AND DEVELOPMENT AGREEMENT IN LIEU OF A PUD:
The Commission voted 3 to 0 (Smith and Villegas absent) to recommend approval of RZ-01-15 for a
development agreement modification and development agreement in lieu of a PUD for Liberty Park, LLC,
with the following staff recommended conditions of development to be placed in an Amended and
Restated Development Agreement specific to the subject parcel with underline text to be added by the
Commission:
3.1 The maximum density for the Property shall be 3.33 dwelling units per acre.
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 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 In accordance with ECC Section 8-2-1, this Development Agreement is considered in-lieu of a
PUD (except as conditioned below). Except for the limitations and allowances expressly set forth
herein below, and in other terms of this Development Agreement, the uses which are shown as
permitted (P) or conditional (C) uses under the Mixed Use zoning designation within Eagle City
Code Section 8-2-3 "Official Schedule of District Regulations" shall be considered Permitted on
Lots 2 and 3,Block 1, except the following uses shall be prohibited:
Mobile home(single unit primary residence)
Mobile home(single unit temporary living quarters)
Mobile home park
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Animal shows or sales
Automotive washing facility
Bar
Cabinet shop
Cemetery
Circuses and carnivals
Christmas tree sales
Commercial entertainment facilities(indoors)
Commercial entertainment facilities(outdoors)
Drive-in theater
Electronic sales, service, or repair shop
Equipment rental and sales yard
Farmer's markets(outdoor)
Hardware store
Horticulture(general)
Hospital
Hotel
Industry
Kennel
Laboratories
Laundromat
Laundry(with drive up service)
Live entertainment events
Mobile office
Mortuary
Motel
Parking lot, parking garage commercial
Personal wireless facilities(height—over 35 feet)
Research Activities
Retail sales(general)
Riding academies/stables
Roadside Stand(temporary structure)
Sign shop, including painting
Small engine repair(mower, chainsaws, etc.)
Storage(enclosed building)
Storage(fenced area)
Street fair
Trade fair
Upholstery shop
Woodworking shop
3.5 The Owner shall submit a Master Design Review site layout and landscape application for Lots 2
& 3, Block 1, and shall comply with all conditions required by Eagle as part of the Design Review
prior to the issuance of a building permit.
3.6 The single-family dwellings shall be constructed utilizing "Craftsman" style architecture (Exhibit
D). The design of commercial buildings shall incorporate residential elements to ensure
compatibility with surrounding uses. All commercial buildings shall be designed in accordance
with the Eagle Architecture and Site Design book(EASD) as set forth in Eagle City Code Section
8-2A. Eagle Design Review Board approval of the detailed architectural plans for the development
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is required prior to the issuance of building permits for commercial buildings, pumphouse for
irrigation, and gazebos.
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CCR&S. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&R's, and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not
be accepted.
3.7 Excluding the residential portion of the subdivision, all buildings require the approval of the
Design Review Board. The design of the buildings shall incorporate residential elements to ensure
compatibility with surrounding uses. All buildings shall be designed in accordance with the Eagle
Architecture and Site Design book(EASD)as set forth in Eagle City Code Section 8-2A.
3.8 The setbacks(measured from the property line)shall be as follows (including commercial):
Front: 20-feet/living area, 25-feet/garage(front load)
Rear: 15-feet
Side: 5-feet(first story)/(additional 3 feet per story,measured to the second story)
Street Side: 20-feet
Lot 2-5,Block 2
Front 20-feet(Measured from property line dividing shared driveway)*
Rear 15-feet
Side 5-feet
Street side 12.5-feet(south property line)
*All garages shall take access from the shared driveway
3.9 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, pressurized irrigation facilities, and amenities. The owner shall provide an
operation and maintenance manual, for the pressurized irrigation facilities, 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 other similar decorative style
fencing. All other fencing (i.e. cedar fencing, vinyl, chain link) shall be prohibited. The
residential lot located adjacent to the commercial lots is permitted to have solid fencing
located adjacent to the west property line and not to encroach into the front yard.
(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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3.10 A License Agreement from Ballantyne Ditch Company shall be provided for all improvements
within their easement area prior to the City Clerk signing the final plat.
3.11 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.
3.12. The existing home located at 3555 West Flint Drive may continue the use of the existing well and
septic system, however, the Owner shall provide a stub-out for public water and sewer service to
the existing home prior to City Clerk signing the final plat.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Smith and Villegas absent) recommend approval of PP-01-15 for a
preliminary plat for Liberty Park Subdivision for Liberty Park, LLC, with the following staff recommended
site specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-01-15.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering fees and legal fees incurred for
reviewing this project,prior to the City Clerk signing the final plat.
4. Enter into an amended and restated development agreement specific to this parcel only (see above
recommended conditions of development [Page 4]). Additionally, submit a modified development
agreement, modifying the existing development agreement(item 3.21), instrument number 113089276
to read,
"Lots 1 and 2, Block 1, of the Amended Plat of Flint Estates Subdivision shall be permitted for
development of a residential subdivision not to exceed three (3) dwelling units per acre. The
residential subdivision shall be submitted as a Planned Unit Development(PUD)."
The two development agreements shall be completed and recorded prior to the submittal of a final plat
application.
5. Submit evidence of water rights and pressure irrigation calculations prior to the submittal of a final plat
application. [ECC 9-4-1-9(C)(1)]
6. Provide a revised preliminary plat showing the street right-of-way expanded to include the eight-foot
(8') wide planter strips. The revised preliminary plat shall show the five-foot (5') wide detached
sidewalks to be located within an ACHD pedestrian easement. The revised preliminary plat shall be
provided prior to submittal of a final plat application.
7. Provide a revised preliminary plat showing and identifying the irrigation lateral along the south
property line to be piped. The preliminary plat shall also identify the irrigation lateral to be located
within an irrigation easement. The revised preliminary plat shall be provided prior to the submittal of a
final plat application. [ECC 9-3-6]
8. Provide a revised preliminary plat showing a detached 5-foot wide sidewalk with an 8-foot wide
planter strip along N. Park Lane prior to submittal of a final plat application. (ECC 9-4-1-6[F][3])
9. Provide a minimum of 15% of the open space as active open space. The applicant shall submit a
revised landscape plan with the design review application. [ECC 9-3-8(D)(1)]
10. Provide a revised preliminary plat with plat notes that read:
• "Unless otherwise designated or dimensioned, there shall be a permanent easement for public
utilities, irrigation, lot drainage, sewer, irrigation and street lights over the twelve (12) feet
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adjacent to any public street. This easement shall not preclude the construction of hard-surfaced
driveways and walkways to each lot."
• "Unless otherwise designated or dimensioned, there shall be a permanent easement for public
utilities, irrigation, and lot drainage over the five(5) feet adjacent to side lot lines."
• "Unless otherwise designated, there shall be a permanent easement for public utilities, pressure
irrigation and lot drainage over the twelve(12)feet adjacent to rear lot lines."(ECC9-3-6)
11. Provide a revised preliminary plat with a plat note that reads, "Minimum building setback lines shall
be in accordance with the Eagle City Zoning Ordinance at the time of issuance of a building permit or
as specifically approved by the conditions of development for the City of Eagle RZ-01-15, instrument
no. , records of Ada County, Idaho and any subsequent modification(s)" prior to the
submittal of a final plat application.
12. Provide a revised preliminary plat with a new plat note to read, "Direct vehicular access to W. Park
Lane is prohibited unless specifically allowed by the Ada County Highway District and the City of
Eagle." The revised preliminary plat shall be provided prior to the submittal of a final plat application.
(ECC 9-4-1-2)
13. Provide a revised preliminary plat with an ACID master storm drain note that references Lot 1, Block
3, prior to the submittal of a final plat application.
14. Provide a revised landscape plan showing all fencing located adjacent to common areas and on the
street side of all corner lots to be open style fencing such as wrought iron or other similar decorative
style fencing, prior to the submittal of a design review application. The residential lot located adjacent
to the commercial lots is permitted to have solid fencing located adjacent to the west property line and
not to encroach into the front yard. The solid fencing shall be reviewed and approved by the Design
Review Board prior to submittal of a final plat application. (ECC 9-3-10)
15. The applicant shall submit a design review application showing: 1) proposed subdivision signage, 2)
planting details within the proposed and required landscape islands and all common areas throughout
the subdivision 3) building elevations for all proposed common area structures and irrigation pump
house 4) landscape screening details of the irrigation pump house, 5) useable amenities such as picnic
tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 6)
proposed style of fencing. The design review application shall be reviewed and approved by the
Design Review Board prior to the submittal of a final plat application. (ECC 8-2A-1).
16. 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
occupancy may be issued if weather does not permit landscaping. (ECC 8-2A-7[E] and ECC 8-2A-18).
17. The Liberty Park Subdivision shall remain under the control of one Homeowners Association.
18. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting and within this site prior to approval of a final plat application. (ECC
9-4-1-2)
19. The applicant shall provide CC&Rs at the time of submittal of a final plat application indicating that
the Liberty Park 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
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manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance
with Eagle City Code in perpetuity. (ECC 9-3-8[D][4])
20. 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)
21. The applicant shall install at the entrances to the Liberty Park 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.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the
plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not be
necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service,prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on the
street side of the home or shall have their sewer drainage system designed with a stub at the house
front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights
appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred
from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like
satisfactory underground conduit to permit the delivery of water to those landowners within the
subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for
pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall be
approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the
construction drawing(s)shall be submitted with the letter.
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10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk,prior to the City Engineer signing the final plat.
The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City
Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all
runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line
onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, drainage district, drainage entity,
or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the entity. A
Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the
existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure
any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho
Standards for Public Works Construction. A copy of such written approval and certification shall be
filed with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
12. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation
entity associated with such ditch,pipe or other structure, drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the
City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's
specifications and standards. The applicant shall delineate on the face of the final plat an easement,
acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures,
conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing
the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service, and as
may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in
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accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire
Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle
City Attorney which provide for the use, control and mutual maintenance of all common areas, storage
facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of structures,
grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City
Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all required
landscaping, common area and subdivision signage prior to the City Engineer signing the final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the
final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the
City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines
shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of
the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations(if applicable)prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the
City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive
Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All
design and construction shall be in accordance with all applicable City of Eagle Codes unless
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specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest submits application to the City of Eagle for a
change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the construction of
or authorize the construction of any of the public improvements required by the Eagle City Code Title
9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5
(A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a time
extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights
will facilitate the"Dark Sky"concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above the
ground)noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, January 21, 2015 and a subsequent meeting at 6:00
PM, March 17, 2015, at the Big Star Coffee (94 N. Fisher Park Way) in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received by
the City of Eagle on February 19, 2015.
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2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on March 30, 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 April 3, 2015. Requests for agencies' reviews were
transmitted on February 24, 2015, in accordance with the requirements of the Eagle City Code. The
site was posted in accordance with the Eagle City Code on April 9, 2015.
3. The Commission reviewed the particular facts and circumstances of this proposed development
agreement modification (RZ-01-15) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The zoning designation of MU-DA (Mixed Use with a development agreement) is consistent with
the Mixed Use designation as shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. 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 north since that
area may be developed in a similar manner; and;
d. 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 south since that area
may be developed in a similar manner; and;
e. 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
is currently being developed with senior housing; and;
f. 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; and;
g. The land proposed for rezone is not located within a"Hazard Area"or"Special Area"as described
within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
4. The Commission reviewed the particular facts and circumstances of this proposed development
agreement modification and development agreement in lieu of a PUD, and based upon the information
provided concludes that the proposed development is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The development is proposed to be constructed in a single phase.
b. The land is owned by a single owner and the development will be initiated within a year following
City Council approval.
c. That the proposed development is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community because;
The intent of Liberty Park Subdivision is to provide a residential project with a unique product,
which is a goal of the City of Eagle PUD ordinance. The subdivision will also have two (2)
commercial lots which will contain uses that may be beneficial to the community; and;
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d. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area because;
The development will be harmonious and appropriate in appearance with the existing development
located on the adjacent parcel to the east of the proposed development. The development will also
provide a stub street to the adjacent property located south of the proposed development; and
e. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
Liberty Park Subdivision is proposed to be developed in a manner harmonious with existing and
future uses in the immediate vicinity since the site is being proposed in conformance with the
Comprehensive Plan; and
f. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The development is planned for residential and commercial uses 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. Liberty Park Subdivision will be served
by West Flint Drive and
g. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools because;
All central services are either available to the site or will be as conditioned herein, as noted within
the letters provided by the agencies having jurisdiction over the site. Development of sewer, water,
drainage, streets, and other urban services will be provided at the developer's expense; and
h. That the development will not create excessive additional requirements at public cost for public
facilities and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water, or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses; and
i. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal because;
The development plan was designed with consideration given to usable open space and providing
additional commercial uses; and
j. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
Access to the development will be from North Park Lane (collector) to West Flint Drive, which
provides access to the internal streets of the proposed development. T The interior streets will be
public and will be constructed in conformance with standards pursuant to ACHD; and
k. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
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No natural, scenic, or historic features of major importance are known to exist on the site; and
1. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan because;
The proposed development is in accordance with the Comprehensive Plan since the plan calls for
High Density Residential and the proposed density will have less of an impact than what is
permitted for the area; and
m. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8 because;
This application requests approval for a development agreement in lieu of a PUD as outlined in
Eagle City Code and satisfies those requirements as well as will be required to meet the conditions
herein. In addition, the developer will be required to submit an application for design review and
comply with all Eagle City Codes and conditions of approval of the design review; and
n. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations because;
The proposed development contains a mix of commercial and residential uses and is similar in
design as the surrounding area; and
5. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-O1-15) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions)because:
a. The requested preliminary plat complies with the approved zoning designation of MU-DA (Mixed
Use with a development agreement).
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City
Code since the development is consistent with the Comprehensive Plan Land Use Map designation
of Mixed Use and provides the required improvements for a subdivision or as may be conditioned
herein; and
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use will
not change the essential character of the same area and because this site will be designed in
accordance with the requirements of the proposed development agreement modification, standards
of Eagle City Code and the Eagle Architecture and Site Design book(EASD); and
d. Will not create excessive additional requirements at public cost for facilities and services as the
site will be served with central sewer from the Eagle Sewer District and will use public water to be
served from United Water of Idaho. Fire protection will be available from the Eagle Fire
Department and fire hydrants will be provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference with traffic
on surrounding public thoroughfares since the project is required to be reviewed and approved by
the Ada County Highway District and is subject to the conditions herein; and
f. While there is no capital improvement program, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments provided, or as conditioned
herein,there is adequate public financial capability to support the proposed development; and
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h. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of the preliminary
plat and subsequent final plat approval as set forth within the conditions of approval herein.
DATED this 4th day of May, 2015.
PLANNING AND ZONING COMMISSION
OF THE CITY • EAGLE
Ada Cou•. , Idaho
Trent Wright, Chairman ------------- ,��•��o E;�C�
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Sharon Bergmann Eagle Ci Clerk '•, J'j