Findings - CC - 2014 - A-03-14/RZ-03-14/PP-05-14 - Gated Garden Subd/72 Lot/18.62 AcreBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION }
FOR ANNEXATION, REZONE WITH A }
DEVELOPMENT AGREEMENT, )
DEVELOPMENT AGREEMENT IN LIEU OF )
A PUD, AND PRELIMINARY PLAT FOR }
GATED GARDEN SUBDIVISION FOR }
BRIGHTON CORPORATION )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A- 03- 14/RZ -03 -14 AND PP -05 -14
The above - entitled annexation, rezone with a development agreement (development agreement in lieu of a
PUD) and preliminary plat applications came before the Eagle City Council for their consideration on
December 16, 2014, at which time public testimony was taken and the public hearing was closed. The
Eagle City Council made their decision at that time. The Eagle City Council, having heard and taken oral
and written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Brighton Corporation, represented by Mike Wardle, is requesting an annexation, rezone with a
development agreement (development agreement in lieu of a PUD), and preliminary plat
approval for Gated Garden Subdivision, a 72 -lot (60- buildable and 12- common) residential
subdivision. The 18.62 -acre site is generally located on the east side of N. Linder Road
approximately 2,100 -feet north of the intersection of W. Chinden Boulevard (Highway 20126)
and N. Linder Road at 7000 N. Linder Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:30 PM, April 17, 2014, and a subsequent meeting at
6:30 PM, June 26, 2014, at the Paramount Community Center (5695 Fox Run Way) in
compliance with the application submittal requirement of Eagle City Code. The applications for
these items were received by the City of Eagleon July 31, 2014.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission
was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City Code on August 25, 2014. Notice of this public hearing was mailed to property
owners within three - hundred feet (300 -feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on August 21, 2014.
The site was posted in accordance with the Eagle City Code on September 4, 2014 Requests
for agencies' reviews were transmitted on July 31, 2014, in accordance with the requirements
of the Eagle City Code
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code
on December 1, 2014. Notice of this public hearing was mailed to property owners within
three- hundred feet (300 -feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on November 24, 2014. The site was
posted in accordance withthe Eagle City Code on December 3, 2014
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K U'lanning DeptEagle ApplicationiSUBSU01MGated Garden Sub ecf d.
D. HISTORY OF PREVIOUS ACTIONS: None to date
F, COMPANION APPLICATIONS:
Comprehensive Plan Text Amendment to modify Section 6.8.7- The Rim View Planning Area
and a Comprehensive Plan Map Amendment from Transitional Residential and Residential
Estates (residential up to I per 2 acres) to Mixed Use (to allow up to 5 units per acre, office,
retail, townhouse and multi-fami ly). (CPA- 02 -14)
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The project is contiguous to the Fred Meyer commercial center on the south and to Reynard
Subdivision to the east. Both were previously annexed with C -3 -DA and MU -DA rezoning,
respectively. The sewer trunk line for the soon to be constructed LDS temple west of Linder
Road will pass through Gated Garden to the sewer lift station near the northeasterly corner of
the Fred Meyer site.
Gated Garden will serve as the transition between the intensity of the Fred Meyer commercial
center and estate lots to the north. The diversity of lot sizes required to provide that transition
necessitates Mixed Use zoning witha development agreement.
The existing Comprehensive Plan Land Use Map designation for the areas immediately to the
east and to the south is Mixed Use. While Comprehensive Plan Text and Map Amendment
applications have been proposed for these and adjacent properties, the basis for the Gated
Garden Subdivision development applications is found in Section 6.8.7, Rim View Planning
Area, Subsection A3 which, as currently written, states:
"Patio home styles and alternative lot sizes may be allowed in conjunction with existing open
space and recreation areas located in the Rini View Area. The patio homes and townhouses
may be located near the commercial area. "
The last sentence, in particular, supports the proposed "garden" home lots directly north of the
Fred Meyer commercial center and the townbmes approaching the Linder Road intersection.
Even so, the intent of the current Rim View Planning Area's "Transitional Residential" buffer
density of "up to 2 units per acre" is achieved along the northerly boundary of the project. The
western half-acre lot of the two Evans parcels, the two half -acre lots fronting W. Temple Drive,
and the one - acre -plus landscape buffer equates to a gross density of 1.13 units per acre -
excluding the Evans' one -acre parcel.
The landscape buffer north of W. Temple Drive, will have an 8- Foot -high berm with a 6 -foot
fence at the crown to mitigate the proximity of the suet to the adjacent residence.
All services and utilities are available to the site.
The requested MU -DA zoning is the same as the Reynard Subdivision to the east but far less
intense than the C -3 -DA zoning of the commercial center to the south. It is reflective of the
need for greater flexibility in the site's development than that allowed by the Transitional
Residential land use designation.
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K \Planning DepAEagle ApplicalioASUBSUD144amd Garden Sub ccf doe
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
H. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA or CEDA.
1. SITE DATA:
Total Acreage of Site- 18.62
Total Number of Lots 72
Total Number of Units -
Residential - 60
Commercial - 0
Industrial - 0
Common - 12
Single - family - 52
Townhouse - 8
Multi - family- 0
Total Acreage of Any OuWarcel5— 0
ADDITIONAL SITE DATA
COMP PLAN
ZONING
LAND USE
3.21 -units per acre
DESIGNATION
DESIGNATION
Existing
Transitional Residential
RUT (Rural Urban
Vacant Land
Minimum Lot Size
5,500- square feet (single family)
Transition - Ada County)
Proposed
Mixed Use
MU -DA (Mixed Use with a
Single Family Residential
50 -feet
development agreement)
North of site
Transitional Residential
RUT (Rural Urban
Bodily- Bunderson/Sandy
4.47 -acres
Residential Estates
Transition -Ada County)
Springs Subdivision
20% (minimum)
Area
R -E (Residential)
South of site
Mixed Use
C -3 -DA (Highway
Eagle Island Market Place
Business District with a
development agreement)
East of site
Mixed Use
MU -DA (Mixed Use with a
Reynard Subdivision
Development Agreement)
West of site
Residential Two
RUT (Rural Urban
Almaden Acres Subdivision
Transition- Ada County)
LDS Temple
H. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA or CEDA.
1. SITE DATA:
Total Acreage of Site- 18.62
Total Number of Lots 72
Total Number of Units -
Residential - 60
Commercial - 0
Industrial - 0
Common - 12
Single - family - 52
Townhouse - 8
Multi - family- 0
Total Acreage of Any OuWarcel5— 0
ADDITIONAL SITE DATA
PROPOSED
REQUIRED
Dwelling Units Per Gross Acre
3.21 -units per acre
4 -units per acre maximum
(based upon Sub Area text
proposed with CPA- 02 -14)
Minimum Lot Size
5,500- square feet (single family)
5,000- square feet
2,520- square feet (townhomes)
Minimum Lot Width
50 -feet (single family)
50 -feet
36 -feet (townhomes)
Minimum Street Frontage
26.5 -feet
35 -Feet
Total Acreage of Common Area
4.47 -acres
3.72 -acres (minimum)
Percent of Site as Common
24%
20% (minimum)
Area
*Site Data hnformation based upon approval of a MUzoning designation
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K 71anning Dep(Eagle ApplicarionlSUDSVOWGalcd Garden Sub ccf doc
J. GENERAL SITE DESIGN FEATURES:
Open Space, Green Belt Areas and Landscape Screening:
A total of 4.47 -acres (24% of the total residential area of the subdivision) is proposed
within the development but the area around the townhomes is open space and should be
noted. The townhomes are within the "residential" portion of the development. The
whole development is residential so no point in differentiation The open space consists of
a landscape buffer adjacent W. Temple Drive and a community garden on Lot 1, Block 2.
A minimum of 209 o is required except that, according to ECC Section 9 -3 -8 (C) the City
may require additional public and.,br private park or open space facilities in PUDs or in
subdivisions with 50 or more lots.
Storm Drainage and FloodControl:
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, andUnderground Utilities:
Eagle City Code section 9.3 -6 requires utility easements to benot less than 12 -feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On -site Septic System (yes or no)~ no
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification tothe state.
K. STREET DESIGN:
Public Streets:
The preliminary plat, date stamped by the City on July 31, 2014, contains a typical street
section that shows all internal public roadways (including W. Temple Drive) with a sixty
foot (60') wide right -of -way street section with a thirty-three foot (33') wide travel way
(back of curb to back of curb) with rolled curbing. The letter from ACHD dated August
26, 2014, states that W. Temple Drive for the first 150 -feet should be constructed as a 46-
foot street section with vertical curb, gutter, and 5400t wide detached (or 7 -foot wide
attached) concrete sidewalk within 70 -feet of right -of -way tapering to a 36 -foot street
section with vertical curb, gutter, and 5 -foot wide detached (or 7 -foot wide attached)
concrete sidewalk.
Private Streets:
The preliminary plat, date stamped by the City on July 31, 2014, contains a typical street
section that shows the private roadways with a sixty foot (60') wide right -of -way street
section with a thirty-three foot (33') wide travel way (back of curb to back of curb) with
rolled curbing.
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K SPtanning DcpltEagle ApplirstionALSUBSU0144Gated GRrden Sub cef doc
Blocks Less Than 500: None
Cul -de -sac Design: None proposed
Sidewalks:
A detached five -foot W) wide concrete sidewalk is proposed abutting the planter strips
located on both sides of all interior public and proposed private roadways.
Curbs and Gutters:
The applicant is proposing rolled curb and gutter along W. Temple Drive. The letter from
Ada County Highway District, dated August 26, 2014, requires the construction of vertical
curb along W. Temple Drive
Lighting:
Lighting for the proposed public and private streets is required. Location and lighting
specifications shall be provided to the City Zoning Administrator prior to the City
Engineer signingthe final plat.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to
date. Approval from that committee isrequired prior to final plat approval.
L. ON AND OFF -SITE PEDESTRIAN!BICYCLE CIRCULATION:
Pedestrian Walkways:(See comments undersidewalks above.)
Bike Paths:
Eagle City Code section 9 -4 -1 -7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right -of -way or separate easement, as may be specified
by the City Council.
M. PUBLIC USES PROPOSED: None proposed
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern— no
Evidence of Erosion no
Fish Habitat — no
Floodplain — no
Mature Trees— One (1) adjacent to Linder Rd, Estate Lot
Riparian Vegetation — Zinger Lateral
Steep Slopes no
Stream.:Creek— Zinger Lateral
Unique Animal Life— no
Unique Plant Life — no
Unstable Soils— no
Wildlife Habitat— no
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated October 1, 2014, are of
special concern (see attached).
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K V ]anning DeptZISIC App1ic46onMLFRSC10J44accd Gdrdcn Sub ccf doe
Ada County Highway District
Central District Health
Idaho Transportation Department
Tesoro Logistics
Zinger Lateral Water Users Association (Sawtooth Law Offices)
R. LETTERS FROM THE PUBLIC:
The following letters are attached to the staff report:
Larry Woodard stated in correspondence date stamped by the City on August 26, 2014, that this
application coupled with the ground- breaking for the new LDS temple will make Linder Road a
major traffic issue.
Larry and Lee Swider stated in a correspondence date stamped by the City on September 8, 2014,
that Temple Drive should be moved further south as much as possible to increase the amount of
open space between the proposed subdivision and Sandy Springs Subdivision to the north.
Additionally, they stated that an additional fire hydrant be place on Temple Drive adjacent to the
common lot line of Lots 18 & 19 in Sandy Springs and that the two unplatted lots to the west of
Gated Garden Subdivision not be allowed to developed with multi - family housing.
Jane Dahlberg provided a petition on September 8, 2014, that states "We the home owners in the
Sandy Springs Subdivision are NOT in support of the splitting of Lot 20, Block I of the Bodily
and Bunderson Springs Subdivision No. 2, owned by Martin and Teri Evans that is being
proposed by Brighton Corp in the Gated Garden Subdivision Application." The petition is signed
by thirteen (13) individuals.
Paul Farmer stated in a correspondence date stamped by the City on September 23, 2014, that the
roadway could be relocated to accommodate large lots adjacent to their property. A revised site
plan showing the roadway relocation was provided with the correspondence. Additionally, a copy
of the Bodily and Bunderson Subdivision No. 2 plat showing a "drain to daylight" area between
lot 19 and 18 onto the subject property. He is concerned that the construction of a berm would
make a lake in his back yard.
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and: or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumesglare or odors.
S. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
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K Tlannmg Dept+Eagle App13cation3SUBS120141Ga1ed Garden Sub ccf doc
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and /or other special features which would not typically be provided in
a non -PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Compehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cased of large - scale PUDs (incorporating fifty (50) ormore lots or divelling warts):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance,schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
For a request of up to 10% of the gross land area to be directed to uses other than residential
(i.e.; commercial, industrial, public and quasi public uses that are not allowed in the land use
district):
17. That the uses are appropriatewith the residential uses.
18. That the uses will serve principally the residentsof the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct accessto a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
M cases where an increase in residential density of up to 15% of the allowable number of
dtivelling writs is requested:
22. LANDSCAPING - For up to 5%
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of
existing landscape, pedestrian way treatment, and recreational areas, incorporated into this
development, exceed that of a non PUD development.
23. SITING - For up to 5%
That the quality of the designs for visual focal points, use of existing features such as
topography, view, sun orientation, prevalent wind direction, pedestrianfvehicular circulation
pattern, physical environment, variation in building setbacks, and building grouping (such as
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K Tlannmg aeptEagle AppliuutonASUBSU014Zated Garden Sut s C J
clustering), incorporated into this developmentgxceed that of a non PUD development.
24. DESIGN FEATURES - For up to 5 ?,i
That the quality of the designs for street sections, architectural styles, harmonious use of
materials, parking areas broken by landscaping features, and varied use of housing types,
incorporated into the development,exceed that of a non PUD development.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The property is currently zoned A -R (Agricultural Residential up to 1 unit/5 acres). The
Comprehensive Plan Future Land Use Map designates the site asResidential Four.
Chapter 6 — Land Use
6.3.8 The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site
as the following:
Residential Transition
Residential developmentthat provides for a transition of density withinthe planning area
while keeping in context the density, scaling and lot sizes d existing or proposed uses.
Commonly requireschanges in lot dimensions and scaling, see specific planning area text
for a complete description.
6.3.9 The applicant is proposing to designate the site as the following:
Mixed Use
Residential development that provides for a transition of density within the planning area
while keeping in context the density, scaling and lot sizes of existing or proposed uses.
Commonly requires changes in lot dimensions and scaling, see specific planning area text
for a complete description.
6.8.7 Rim View Planning Area
The Rim View Planning Area contains a large amount of existing residential uses that have
been developed as one -acre and five -acre lots through the Ada County development process.
The future land uses in the area are predicated on Linder Road being the only Eagle City river
crossing between Eagle Road and Star Road, the need to buffer and preserve the existing
residential developments, and the need to provide commercial opportunities along the regional
transportation corridors south of the Boise River. Because of the alignment of the State
Highway 16 crossing moving further to the west (to McDermott), no clear funding option or
timeline for the SH 16 crossing, and recent changes in nearby city limit boundaries (Meridian),
the previously planned regional commercial area at Black Cat no longer is a viable location for
the City of Eagle.
A. Uses
The land use and development policies specific to the Rim View Planning Area
include the following:
1. A forty acre commercial area located at the northeast comer of the intersection of
Chinden Boulevard and Linder Road is to be designed and developed as a unit. This
commercial area is intended to serve the Eagle community as a gateway into town
before crossing the river.
2. Areas designated as Transitional Residential should have an average residential density
of up to 2 units per acre. Units should be clustered to provide for transitional lot sizes
to ensure compatibility of new residential uses to existing residential uses and the
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K ~Planning nepfEagle AppbationASURS120MGned Goden Sub ccf doc
commercial and office uses located at Linder Road and Chinden.
3. Patio home styles and alternative lot sizes may be allowed in conjunction with exiting
open space and recreation areas located in the Rim View Area. The patio homes and
townhouses may be located near the commercial area.
B. Access
1. Access to the area should focus on new internal linkages that allow adjacent parcels to
provide pedestrian and vehicle connectivity into the Rim View Planning Area.
2. Primary access should be on Linder Road with limited access onto Chinden
Boulevard only in accordance with ITD's access management policies. All
accesses should be designed to allow traffic to flow through the area connecting
Meridian Road to Linder Road may provide the opportunity of future east/west
residential collector linkage within the planning area. Cross - access and local stub
streets should be used to allow the planning area to be interconnected without the
need to access the arterial and state highway network.
3. Internal and interconnected circulation should be used to move traffic within the
non - residential area, helping to mitigate the number of local vehicle trips entering
State Highway 20.26 and Linder Road to access commercial and mixed use
services and create cross access into adjoining properties
4. Chinden Boulevard should be recognized as a gateway corridor to the City of
Eagle and development should adhere to proper berming, landscaping, and
appropriate setbacks to prevent the encroachment of abutting uses into future
corridor improvements. This would protect the viability of the regional transportation
corridor as well as buffer the abutting uses from the impacts of the corridor.
C. Design
This area is recognized as a gateway to the City of Eagle, to be integrated with
appropriate landscaping, entry features, and place - making features in the design of the
area.
2. Design of this area should be compatible to the existing residential uses currently
present in the area and future mixed uses.
3. Design of commercial and office uses should be compatible with the existing
residential uses and contain significant landscaped buffers to reduce impacts and
appealing building design elements to promote a cohesive character. Commercial
development should provide for indirect vehicle connections and for safe and efficient
pedestrian linkages to the mixed use and residential areas adjacent to the site. (See
Illustration 6.5)
4. Both Chinden Boulevard and Linder Road should be developed with a detached
sidewalk and planting strip adjacent to the back of curb., further solidifying the purpose
and character of the gateway corridor of Chinden Boulevard.
Signage for all non - residential uses should be designed to be consistent and
complimentary, with place- making being the primary objective and identification of
uses being secondary.
6. Non - residential areas should be designed with features and materials intended to
compliment and buffer residential uses and to avoid creating a tunnel or wall effect
along the backside of the large buildings.
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K Vianning Dept agle ApplicauonASUBSQC 14%Gated Guden Sub ccr dot
Illustration 6.5:
D. Issues
Regional Commercial Center Layout
Residential
Areas
1. One of the main concerns in the development of this area is the ability to properly
balance and buffer the commercial uses with existing residential uses. New mixed use
areas should be designed in a manner that provides a cohesive transition and
connectivity between the commercial and residential uses, incorporating elements that
will provide a common and complimentary identity between such uses.
2. Considering the large amount of undeveloped or underdeveloped land within the
planning area, each proposed project should be evaluated for the potential to provide
linkages and connectivity to adjacent parcels. This is necessary to establish a
functioning local and collector roadway system to supports the regionally significant
roadways at the south and west of this area.
3. As this area develops, consideration should be made of the transitory uses that have
been approved by Ada County which may be nearing their end.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code 8-24: Schedule of Building Height and Lot Area Regulations:
Zoning
g
aximum
�❑❑
Front
Rear
Interior
❑
Street
❑0
Maximum
Minimum Lot Area
Fwi imum Lot
District
Hei ht
Side
Side
Lot Covered
Acres Or S Ft.
( q )
th
M 35' 20' RJ = 20' S0% 5,000- square feet 50'
Eagle City Code 8-1 -2: Rules and Definitions:
OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot wide
landscape strip located adjacent to and within the public right of way of a local street),
substantially open to the sky, exclusive of streets, commercial and residential buildings, and shall
be designated and intended as a usable and convenient amenity for the residences of any proposed
development.
OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic fields,
buildings or structures for recreational activities includingpicnic 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 -;'J of this title may be
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K Tlanning Dept Eagle App1icationASTJRSU0k41G41ed Garden Sub ccf doe
considered, in part, as active open space provided a pathway or other active amenity is located
within and incorporated into the buffer area. Up to fifteen percent (15 %) of the total area of water
bodies (i.e., ponds) within a development may be considered active open space provided there is a
finding that the ponds employ active recreation capabilities such as fishing, rafting, canoeing, and
the like.
OPEN SPACE, PASSIVE: Common area which includes, but is not limited to, landscaped buffer
areas required pursuant to subsection 8 -2A -7J of this title (including the sidewalk within the buffer
area), natural areas, wetland areas, ornamental gardens, decorative fountains, and water bodies,
excluding active open space areas.
• Eagle City Code 8.2A -7: Landscape and Buffer Area Requirements
B. Landscape As Percent Of Site:
1. Landscaping shall cover a minimum of fifteen percent (15 %) of the property on multi-
family residential developments. Hardscape plaza areas, such as decorative concrete/paver
patios that are integrated into the design of the landscaped area, may be included in the
fifteen percent (15 %) landhcape coverage requiremert.
2. Landscaping shall cover a minimum of ten percent (10 %) of the property on all other
developments. Hardscape plaza areas, such as decorative concrete.` paver patios that are
integrated into the design of the landscaped area, may be included in theten percent (10°x6)
landscape coverage requirement.
3. All landscape improvements required in this section shall count toward fulfillment of the
above minimum percentages.
4. If only a portion of a property is being developed, and if the city does not require
improvements on the entire property, improvements to landscape shall continue a
minimum of twenty five feet (25') (on site) beyond the proposed development. (Ord. 462,
11-11-2003)
D. Prohibited Materials And Landscaping:
Clear vision triangle shall be observed in regard to all vegetation. All shade trees planted
within vision triangles shall be pruned to a minimum seven feet (T) above the adjacent
sidewalk and fourteen feet (14') above the adjacent roadway surface. Shrubs and ground
covers planted within the vision triangle shall not exceed three feet (3') height at maturity.
The boundaries of the vision triangle are defined by measuring from the intersection of the
edges of two (2) adjacent roadways forty feet (40') along each roadway and connecting the
two (2) points with a straight line. The sight distance obstruction is also applicable to
railroad - highway grade crossings with the vision triangle defined by measuring forty feet
(40') along the railroad property line. In all cases, 1TD and ACRD standards shall apply
also. (Ord. 462, 11-11-2003)
J. Buffer Areas /Common Lots:
Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi - family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways, to protect residential communities from
noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a
common lot located between the residential lots within the subdivision and the right of
way line of the adjacent roadway. This buffer is required as part of the common area open
space owned and maintained by a homeowners' association. Any landscaping proposed to
be within the public right of way shall not be included as a part of the buffer area required
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K Owning DcptFagle ADAliutioniSU13SU0141Gaied Garden i-.i W do.
below. The height for berming/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway (measured at the centerline) to the top
of the proposed berming/fencing. The required buffer area width, plantings, and fencing
are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan;
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall
be provided with the following plants per one hundred (100) linear feet of right of
way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each
required shade tree may be substituted with two (2) flowering/omamental trees,
provided that not more than fifty percent (50 °'0) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot ($') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If
a decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall is to be provided in combination with the berm, a four foot (4') wide flat area
shall be provided for the placement of the decorative wall. Chainlink, cedar, and
similar high maintenance and /or unsightly fencing shall not be permitted.
c. Any road designated as a principal arterial on the transportation and pathway network
plan in the Eagle comprehensive plan;
A minimum of seventy five feet (75') wide buffer area (not including right of way)
shall be provided with the following plants per one hundred (100) linear feet of right
of way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental
trees, and twenty four (24) shrubs. Each required shade tree may be substituted with
two (2) flowering/ornamental trees, providedthat not more than fifty percent (50 %) of
the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If
a decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall is to be provided, in combination with the berm, a four foot (4') wide flat area
shall be provided for the placement of the decorative wall. Chainlink, cedar, and
similar high maintenance and /orunsightly fencing shall not be permitted.
5. Common Area Landscapes: New residential subdivision common area landscapes shall be
comprised of the following:
a. Lawn, either seed or sod.
b. A minimum of one deciduous shade tree per one thousand (1,000) square feet.
6. Design Considerations For Residential Developments:
a. For design flexibility, half of the required shade trees may be substituted on a two to
one (2:1) basis with ornamental and evergreen trees.
b. Buffer areas should include a variety of species, arranged to create varied and
attractive views. Open fences, decorative walls, and berms may be used. Height
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changes, offset angles, different materials, and other design techniques are required so
as to create variety. (Ord. 566,5 -15 -2007)
M. Parkway Strips, Separated Sidewalks, And Street Trees:
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA
sidewalks shall be separated from the curb along all streets. Sidewalks shall be required
when space permits. An eight foot (8) wide minimum parkway planter strip planted with
shade class (class 11) trees shall be required between the sidewalk and street to provide a
canopy effect over streets.
Within residential developments one shade class (class 11) 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 -4: Uses Permitted
All uses that may be allowed within the land use district are permitted within a PUD. Also, up
to ten percent (10 %) of the gross land area may be directed to other commercial, office, public
and quasi - public uses that are not allowed within the land use district; provided, that there is a
favorable finding by the council:
A. That the uses are appropriatewith the residential uses;
B. That the uses are intended to serve principally the residents of the PU4
C. That the uses are planned as an integral part of the PUD;
D. That the uses be located and so designed as to provide direct access to acollector or an
arterial street without creating congestion or traffic haards; and
E. That a minimum of fifty percent (50 %) of the residential development occurs prior to the
development of the related commercial or office land uses. (Ord566, 5 -15- 2007)
• 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 °0) of the common area open space
shall be developed as active open space, as definedin title 9 of this code.
C. Compliance: All common area open space shall be evaluated for its compliance with the
following:
1. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping,
pedestrian way treatment and recreational areas;
2. Siting: Visual focal points, use of existing physical features such as topography, view,
sun and wind orientation, circulation pattern, physical environment.
D. Direct Access: A minimum of fifty percent (50 %) of all lots shall be designed to be
adjacent to, or at a minimum, have direct access to common area open space. The term
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"direct access" means all building lots are to be located a maximum of two hundred fifty
feet (250') away from a pathway connecting to a common area open space lot. Building lots
separated from a common area open space lot by a local roadway shall be deemed to have
achieved direct access. The required planter strip located between the sidewalk and the
street will not be permitted to fulfill this requirement.
E. Dedication Of Land For Public Use: A required amount of common open space land
reserved under a PUD shall either be held in corporate ownership by owners of the project
area for the use of each owner who buys property within the development or be dedicated
to the public and retained as common open space for parks, recreation and related uses.
Public utility and similar easements and right of way for watercourses and other similar
channels are not acceptable for common open space dedication unless such land or right of
way is usable as a trail or other similar purpose andapproved by the council.
F. Maintenance: The responsibility for the maintenance of all open spaces shall be specified
by the developer before approval of the final developmenlplan. (Ord. 566, 5 -15 -2007)
0 Eagle City Code 8- 6 -5 -5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options, the following
design criteria shall be considered bythe city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8 -2 -4 of this title, except that a decrease in the minimum lot size
may be allowed if there is an "offsetting increase" of the same square footage in open
space and a favorable finding is made by the council that the smaller lots are appropriately
integrated into the overall design and that the building product type is compatible with the
PUD and surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point
for minimum open space, prior to any "offsetting increase" being added, shall be the area
that is equal to ten percent (10 %) of the site. This allowance shall only be permitted under
the following criteria:
I . The total common area open space shall be equal to or greater than twenty percent (20 °b),
inclusive of the "offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity and
architectural and siting variation are incorporated into the development and that these
factors make up a substantial contribution to the objectives of the PUD. These design
elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography, view,
sun and wind orientation, circulation pattern, physical environment, variation in
building setbacks and building grouping (such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone
under section 8 -2 -4 of this title.
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K Sunning Dept,Eagle ApplieationlSUBSUDWGated Garden Sub ccrdc,
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 withinthe development.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• 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 cuWe -sac. A reserve street may be required andheld in public ownership.
1. Private Streets: Private streets that provide access to no more than ten percent (10 %') of the lots
may be permitted within planned unit developments provided that the standards within section 9-
3-2-5 of this chapter are met,
a Eagle City Code 9-3 -2 -5: Private Streets
Private streets may be permitted, in the discretion of the council�ubject to the following:
A. Compliance: Private streets may provide access to no more than ten percent (10 %) of the lots
within a planned unit development provided the council determines that the private streets are in
compliance with each of thefollowing standards:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that private streets
will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular and pedestrian
traffic, sidewalks, and parking.
3. The private streets shall provide adequate access for service and emergency vehicles.
4. The private streets do not adversely affect access or good transportation planning to adjacent
property and to the area travel networks.
5. The private streets do not landlock adjacentproperty due to topography or parcel layout_
6. Other than to provide emergency access, the private streets do not connect one public street to
another, thereby encouraging travel through the developmentserved by the private street_
7. The use or alignment of the private streets does not interfere with the continuity of public
streets.
8. An appropriate mechanism has been established for the repair and maintenance of the private
streets, including provisions for the funding thereof.
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K Tkmmmg DepEEngle AppliationiSUHSUOMGeted Garden Sub ccf doc
B. Construction And Design Standards: Private streets shall conform to the following construction
and design requirements:
All private street construction shall be in accordance with Ada County highway district's
structural standards for streets including base course and asphaltic concrete mat thickness
utilizing the appropriate traffic index or as may be recommended by the city engineer and
approved by the city council, and shall further be in accordance with Ada County highway
district's intersection design and drainage requirements, or as may be recommended by the city
engineer and approved by the city council.
2. Except as may be otherwise set forth in this section, private streets shall meet such design and
dimensional requirements as the council may determine are appropriate considering the
proposed use and the site upon which the private streets are to be placed, however, all private
streets shall contain paved travel lanes a minimum of twelve feet (12') in width (except as
noted herein) and shall otherwise provide for the safe, convenient, and effective movement of
both vehicular and pedestrian traffic. Vertical curbing shall be provided for streets that are less
than thirty four feet (34') in total width.
3, Sidewalks shall be requiredin accordance with subsection 9-4-1-61F of this title.
4. The design engineer shall identify on the construction drawings for the review andapproval by
the city engineer, all traffic signs needed for the project, including, but not limited to,
designated parking and "no parking" areas, speed, stop, and such other signs as are required
for safe pedestrian and vehicle travel.
All private streets shall, during the progress of construction, be inspected and tested, at the
expense of the owner or developer, by a qualified inspector in order to ensure compliance with
the construction and design standards set forth in this section, the construction drawings as
prepared by the registered professional engineer, and good engineering and construction
practices. Reports of such inspections and tests shall be submitted, together with a certification
of such compliance, for thereview and approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public right of
way.
7. The design of all private streets and related storm drainage facilities shall be prepared by a
licensed professional engineer in the state in substantial conformance with engineering and
design standards in effect at the time of preparation of the design. Construction drawings,
together with a certification of such conformity, shallbe submitted for the review and approval
by the city engineer. No part of this section shall be construed as allowing a private street that
is not in conformance with currentengineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable provision of
this title, the provision which establishes the higher and/or more restrictive standard shall
prevail, unless specifically determined otherwise by thxity council.
C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance of
and access to private streets as follows:
A plan and schedule for the future repair and maintenance of the private street and drainage
facilities for the period of the expected lifetime thereof and a cost estimate therefor prepared
by a licensed professional engineer in the state, together with a proposed method for funding
the same, including, but not limited to, the creation and maintenance of a reserve fund for that
purpose, shall be submitted with the final plat application for review and approval by the city
engineer and city council.
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K \Hannmg DeptEagle Application35UBSU014',Galed Garden Sub tcf dot
2. The location of the private street shall be clearly depicted on the face of the plat and notes
shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private street
the perpetual right of ingress and egress over the described private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street cannot be
modified and the homeowners' /property owners' association or other entity cannot be
dissolved without the expressconsent of the city.
A restrictive covenant for repair and maintenance of the private street shall be recorded at the
time of recording the plat which said covenant shall create a homeowners': property owners'
association or substantially similar entity and make provision for the perpetual maintenance of
the private street in accordance with the approved plan as provided for in subsection C 1 of this
section. Said restrictive covenant shall also provide that the said covenant shall run with the
land and that the said covenant cannot be modified and that the homeowners'.-property owners'
association or other entity cannot be dissolved without theexpress consent of the city. The said
restrictive covenant shall be reviewed and approved by the city attorney prior to certification
and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the entity
responsible for the maintenance of any private street approved in accordance with the
provisions of this section to undertake such repair and maintenance activities as it may
determine is necessary to protect the public health, safety, or welfare and make such
expenditures from the funds reserved therefor as may be required thereby; and the owner or
responsible entity shall, as a condition of approval of any such private street, be deemed to
have agreed to comply with any such order and to reimburse the city all of its costs, including
attorney fees, incurred in obtaining or enforcing any such order. Any order entered by the
council pursuant to this subsection may be enforced by a court of competent jurisdiction and
the city shall be entitled to recover its costmnd attorney fees incurredin connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all
applicable componentsof the comprehensive plan. (Ord. 566, 5 -15 -2007)
Eagle City Code 9-3 -3: Pedestrian Walkways:
Right of way for pedestrian walkways in the middle of long blocks may be required where
necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas. The
pedestrian easement shall be at least tenfeet (10') wide. (Ord. 566, 5 -15 -2007)
• Eagle City Code 9- 4 -1 -2: Streets and Alleys
All public streets and alleys shall be constructed in accordance with the standards and
specifications adopted by the Ada County highway district or the Idaho transportation department,
whichever the case may be. (Ord. 566, 5 -15 -2007)
• Eagle City Code 9.4 -1 -3: Curbs and Gutters:
A. Generally:
1. Vertical curbs and gutters shall be constructedon collector and arterial streets.
2. Rolled curbs and gutters shall be required on minor streets.
3. All construction shall be in accordance with the standards and specifications adopted by
the Ada County highway district.
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LJ �
B. Driveways, Curb Cuts: All driveway openings and curbs shall be as specified by the Ada
County highway district or the Idaho transportation department. (Ord.566, 5 -15 -2007)
0 Eagle City Code 9- 4 -1 -6: Pedestrian.'-Bicycle Pathwayand Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel, and
to provide safe, convenient and aesthetic alternative travel routes to common destinations such
as schools, parks, shopping centers, etc. The following factors will be considered in the
placement of any pathway: the utility and need for a given pathway, impacts to existing
neighborhoods, compliance with the transportation/pathway network maps within the
comprehensive plan, pathway design as it relates to both crime prevention and function, and
the responsibilities of ownership,maintenance, and liability.
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
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.
2. Barriers may be placed at the terminal ends of paths to restrict use by motor vehicles while
allowing use by bicycles, wheelchairs andother modes of travel.
3. A five foot (5') wide landscaped area/building and fence setback, as measured from both
edges of the paved path, shall be required, and will be owned by either the abutting
property owner(s) or a homeowners' association unless accepted by a public entity. The
five foot (5') wide landscaped area on either side of the pathway may be decreased to a
minimum of two feet (2') wide (as measured from the edge of asphalt to the easement line)
when used in conjunction with a meandering pathway, however, the total width of the
landscape area shall not be Iess 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.
A root barrier shall be placed on both sides of the pathway to prohibit tree roots from
damaging the pathway surface. The root barrier shall consist of black injection molded
panels with a minimum of 0.085 inch wall thickness in modules a minimum of twenty
four inches (24 ") long by twenty four inches (24 ") deep. Each panel shall have no less
than four (4) vertical deflecting ribs of a minimum 0.085 inch thickness protruding one -
half inch (1 /2") at ninety degrees (90 °) from the interior of the panel, spaced six inches (6 ")
apart. A minimum of nine (9) antilift tabs, three (3) each between the vertical ribs, shall be
integrated into each panel, measuring a minimum of 0.085 inch thickness and protruding
three - eighths inch (3/8 ") from the panel wall. An integrated joining system shall be
employed for instant assembly by sliding one panel into the other. An alternative type
barrier system of equal root penetrative resistance may be considered on a case by case
basis, subject to the approval of the zoning administrator.
6. In order to design for crime prevention, the following design standards will be followed:
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K (Planning beptF4gle AppliauoniSIJBSU0141Gaied Garden sub ccf dm
The use of "see through ", open fencing, such as wrought iron, is preferred, as it
provides better visibility from adjacent homes or buildings. Solid fencing is
prohibited.
b. Adequate lighting may be provided as determined by Eagle city council and may be
owned and maintained by the city of Eagle once the path is turned over to the city for
maintenance.
c. The use of corners and curves in the design of the paths is discouraged.
Consideration shall be given to off street parking where paths connect to popular
destination points such as the Boise River greenbelt, and nearby streets may become
congested with vehicles parked by pathway users. Where pathway links connect to major
public open space that require vehicular parking, the council may request the developer to
designate land to be purchased and maintained by the appropriate public authority for
public parking. Buffering of surrounding residential uses shall be considered in the area
for purchase.
• Eagle City Code 9- 4 -1 -9: Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
I. 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 requirementsand the requirements provided withinthe 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 bupplemental 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 andapproved 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
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`01
(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 subdvision that cannot be served.
b. Where an existing surface water right cannot be delivered to the property by an
irrigation district or canal company due to current delivery capacity or scheduling. In
these situations the city council may still require the installation of the pressure
irrigation system, provided water rights can be made available to the property and
delivery system modifications can be made so irrigation water can be supplied within
two (2) years.
c. Where the applicant has provided for another means of delivery such as flood
irrigation, if approved by the city engineer. The applicant shall present the proposed
alternative delivery system to the aty 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 similarsize 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 cf the development rather thanthe 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 Iicensed 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. -* 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
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K Timing Deptkagle Application SUBSL'0MGated Carden sub ccf doe
and efficient utilization of open space. Large scale developments as defined herein shall be
submitted as planned unit developments. (Ord. 566, 5 -15 -2007)
Eagle City Code 9-5-5: Large Scale Development Subdivisions;Required Information:
Large scale development subdivisions proposed within the R -2, R -3, R -4, and MU zoning districts
shall be submitted as planned unit developments. Due to the impact that a large scale development
would have on public utilities and services, the developer shall submit the following information
along with the preliminary plat:
A. Identification of all publicservices that would be provided to the development including, bit
not limited to, fire protection, police protection, centralwater, central sewer, road construction,
parks and open space, recreation, maintenarce, schools and solid waste collectbri;
B. Estimate of the publicservice costs to provide adequateservice to the development;
C. Estimate of the tax revenuethat will be generated from the development; and
D. Suggested public means of financing the services for the development if the cost for the public
services would not be offset by tax revenue received from the development. (Ord. 566, 5 -15-
2007)
D. DISCUSSION:
The applicant is requesting an annexation, rezone with a development agreement
(development agreement in lieu of a PUD), and preliminary plat approval for Gated Garden
Subdivision, which consists of 18.62- acres. The applicant is proposing a 72 -lot (60- buildable
and 12- common) residential subdivision. As a companion to this application, the applicant is
requesting a comprehensive plan map and text amendment to change the Future Land Use
Map and Rim View Planning Area text from Transitional Residential and Residential Estates
(residential up to I per 2 acres) to Mixed Use (to allow up to 5 units per acre, office, retail,
townhouse and multi - family) for a 27.85 -acre area located approximately 1,200 -feet north of
the NE corner of US Highway 20/26 (Chinden) and N. Linder Road intersection.
A letter from the Zinger Lateral Water Users Association (Sawtooth Law Offices) dated
August 13, 2014, states that the developer must contact the Zinger Lateral Water Users
Associations attorney (Sawtooth Law Offices) for approval before any encroachment, change
of easement, or drainage discharge into Zinger Lateral Water Users Associations facilities
occurs. Zinger Lateral Water Users Association must review drainage plans and construction
plans prior to any approval. Zinger Lateral Water Users Association requires a License
Agreement prior to any approval. Additionally, Zinger Lateral Water Users Association does
not approve of trees within its easement. The proposed plat and concept plan date stamped by
the city on July 31, 2014, shows the Zinger Lateral located within Lot 59, Block 2, along the
south side of Temple Drive, a collector roadway. The lateral as shown encompasses a large
portion of the lot. Staff is concerned that with the Zinger Lateral daylighting within the lot
(and not piped) that the applicant will be unable to meet the minimum landscaping
requirements for a collector roadway due to the fact that the Zinger Lateral Water Users
Association does not approve trees within its easement area. The applicant should be required
to provide written authorization from the Zinger Lateral Water Users Association for the
change of /or acquisition of an easement area and provide a copy of said easement.
Additionally, the applicant should be required to provide a copy of the license agreement
required by the Zinger Lateral Water Users Association prior to the submittal of the final plat
application.
The conceptual plan /landscape plan is showing trees located within storm drainage areas, as
Page 21 of 37
K Thnning DepAFagle ApplicanonASUBS12OM041ed Garden Sub ccf doc
well as immediately adjacent to the Zinger Lateral which does not allow trees within its
easement area. The applicant should be required to provide sufficient trees in other areas of
the development to offset those being lost by the storm drainage an&ringer Lateral areas.
The preliminary plat date stamped by the City on July 31, 2014, includes a re- subdivision of
the Evans property, located at 7014 N. Linder Road (Lot 20, Block 1, of the BodilyBunderson
Springs Subdivision No. 2). Consistent with the Comprehensive Plan amendment application
(CPA- 02 -14), inclusion of this platted lot into the Gated Garden Subdivision separates and
isolates it from the subdivision that created it and establishes allowances that are not provided
to the remaining subdivision. Eagle City Code Title 9 discourages the re- subdivision of lots
within existing subdivision without the consent or approval of the existing subdivision.
Further, this action will create a V2.-acre Iot that is not in keeping with the neighboring uses or
comprehensive plan designations. The applicant should be required to remove the re-
subdivision of the property located at 7014 N. Linder Road (Lot Lot 20, Block 1, of the Bodily
Bunderson Springs Subdivision No. 2) from the Gated Garden preliminary plat. The applicant
should be required to provide a revised preliminary plat prior to the submittal of the final plat
application.
The staff report for the comprehensive plan amendment with this application (CPA- 02 -14)
recommends an average density of 4 dwelling units per acre south of Temple Drive (the
collector roadway) and 2 dwelling units per acre north of the collector abutting the existing
residential development (Bodily & Bunderson Springs Sub No. 2). Staff is concerned that the
proposed location of the roadway (Temple Drive) does not allow for either transitional lots or
an adequate landscape buffer north of the collector roadway in order to provide separation of
the collector roadway from to the residents to the north.
Special consideration should be given to the land owners who have bought houses in the
Residential Estates (1 unit per 2 acre) area and expected to have similar uses to the south of
the existing Sandy Springs Subdivision. Transitional lots sizes should be encouraged at the
northern edge of the development as a buffer to the existing large lot area or an adequate
landscape buffer should be provided within this area. Within Ashbury Subdivision to the east
of this site, the transition was 1 acre lots at the northern boundary; in Reynard Subdivision
(formerly Fox Tail Golf Course) the transition was 1/2 to 1 acre lots at the northern and western
boundary. The northeastern boundary of the proposed site (the Bodily Bunderson property) is
in alignment with the % acre lots within the Reynard Subdivision
The applicant is proposing a landscape buffer along the north side of Temple Drive - the
westernmost 1,100- linear feet varies in width from 8 -feet to 110 -feet. There is a portion of the
landscape buffer adjacent to the property located at 7107 N. Springcrest Place that tapers
down to 24 -feet in width. Additionally, there are two residential lots proposed on the north
side of Temple Drive with an average square footage of 21,160. While the two lots are
consistent with what was proposed with Aslibury and Reynard subdivisions to the east, the
remaining landscape buffer does not meet Eagle City Code 8 -2A -7 which requires a minimum
35 -foot wide landscape buffer(not including right of way)along collector roadways.
Staff recognizes that both the locations for Temple Drive where it ties into Linder Road and
into Reynard Subdivision to the east were dictated by prior applications. However, the
configuration of the roadway between the two locations can be altered in order to provide
either an adequate landscape buffer (minimum of 35- feet), or transitional lots adjacent to the
existing subdivisionto the north (Bodily & Bunderson SpringsNo. 2).
Therefore, it is staffs recommendation that the applicant should be required to relocate
Temple Drive to the south in order to accommodate either transitional lots (minimum 12-acre),
Page 22 of 37
K 1Plammng DeptZagle App i i:ion3SUBS110:4%Gmed Garden Sib ccf doc
or an adequate landscape buffer (minimum 35 -foot wide) adjacent to the existing residential
properties to the north. The applicant should be required to submit a revised preliminary plat
prior to the submittal of a fnalplat application.
The applicant is proposing a total of 4.47 -acres of open space for this development. The
proposed open space consists mainly of the landscape buffer required along Temple Drive (a
collector roadway), a community garden, and open space surrounding the townhome units.
There is also a pathway Iocated within Lot 29, Block 2, which is the only open space that is
proposed internal to the gated /private road portion of the development.
Pursuant to Eagle City Code 8- 6- 5 -2(B), a minimum of 15% of the common area open spaceis
required to be "active" open space (15% of the proposed open space is .67- acres). The only
portions of the common area open space that meets the definition of active open space are the
community garden located on Lot 1, Block 2 and the pedestrian pathway Iocated on Lot 29,
Block 2. Combined, the community garden and pathway provide approximately .36 -acres of
active open space. Therefore, the applicant should be required to provide an additional .31-
acres (13,500- square feet) of active open space in order to meet Eagle City Code.
Staff recommends that the applicant provide additional open space interior to the gated
community in order to meet the active open space requirements. A pedestrian pathway located
within common Iots in alignment with Lot 29, Block 2, north to Lot 59, Block 2, could result
in providing the needed active open space and provide off - street pedestrian connectivity
through the site. The applicant should be required to provide a revised preliminary plat
showing additional active open space prior to the submittal of design review and final plat
applications.
The applicant is proposing the following building setbacks based on the three distinct
residential types proposed within the development to be placed in the development agreement.
Townhomes No to 2,700 sq.ft.):
Front: 0'
Rear: 0'
Side: 0'
Street Side: 0'
Garden (Patio) Homes (5,000 -8,500 sq.ft.):
Front: 15 -feet to the living area/20 -feet to the garage
Rear: 12 -feet
Side: 5 -feet
Street Side: 12 -feet
Estate Lots(min 20,000 sq.ft.):
Front: 25 -feet
Rear: 20 -feet
Side: 7.5 -feet (first story) /l0-feet (second story)
Street side: 20 -feet
Staff is proposing the following changes to the proposed setbacks to be placed within a
development agreement. The changes are based on similarly sized lots in recently approved
subdivisions. Setbacks to be measured from the property line:
Townhomes (up to 2.700 sq.ft.):
Front: 0'
Rear: 0'
Side: 0'
Street Side: 0'
Page 23 of 37
K Tlnnning UepAFagle Appfica i(MiSUBSUO)cGated Gudcn Suc _J e:.�
Garden (Patio) Homes (5.000 -8.500 sa.ft.):
Front: 15 -feet to the living area/2&feet to the garage
Rear: 12 feet 15 -feet
Side: 5 -feet (first story)/ (add itiona 12.5 feet per story, measured to the second story)
Street Side: 12 feet 15 -feet
Estate Lots-(min 17.000 sg.ft.):
Front: ?5 -feet 30 -feet
Rear: 20 -feet
Side: 7.5 -feet (first story).: (additional 2.5 feet per story, measured to the second story)
Street side: 20 -feet
Staff is concerned about the proposed security gate, its placement, and how it will function
with car turning movements. It has the potential to block of the turn -out movements on both
Lane A and Lane D. The applicant should provide a detail of the gate showing how residents
will access the gate, where the security pad!'entry point will be Iocated, and how the turn -out
movements will designed so as not be impeded by the gate. The revised preliminary plat
showing the gate detail should be required to be provided prior to the submittal of the final
plat application.
• The applicant is proposing private gated roadways within the development. Pursuant to Eagle
City Code, private streets may provide access to no more than ten percent (10 °-0) of the lots
within a planned unit development provided the Council determines that the private streets are
in compliance with specific standardsas identified in Eagle City Code Section 9.3- 2 -5(A)
If the City Council approves the proposed private gated roadway within Gated Garden
Subdivision, then the applicant should be required to provide a revised preliminary plat prior
to the submittal of a final plat, whichcontains the following:
• The plat, date stamped by the City on July 31, 2014, does not identify the private road
lot/block on the face of the plat. Provide a revised preliminary plat with a plat note
that identifies the lot andblock of the private roadway on theface of the plat.
• Provide a revised preliminary plat which contains a plat note that: a) conveys to each
lot owner within the subdivision to be served by the private streets the perpetual right
of ingress and egress over the described private street, b) provide that such perpetual
easement shall run with the land, c) provide that the restrictive covenant for
maintenance of the private street cannot be modified and the homeowners' /property
owners' association or other entity cannot be dissolved without the express consent of
the city.
o The proposed preliminary plat, date stamped by the City on July 31, 2014, shows a
street section for the public roadways. A street section for the private roadway was
not provided. The proposed private roadways appear to be 33 -feet in width (measured
back of curb to back of curb). Pursuant to Eagle City Code 9- 3 -2 -5, "vertical curbing
shall be provided for streets that are less than thirty four feet (34') in total width." If
private roads are approved by the City Council, then the applicant should be required
to submit a revised preliminary plat that shows a street section for the proposed
internal private roadwayswith vertical curbing.
The plat, date stamped by the City on July 31, 2014 does not provide an ACHD storm drain
note. The applicant should be required to provide a revised preliminary plat with a plat note
that identifies all ACHD storm drainage easements prior to the submittal of a final plat
application.
Page 24 of 37
K W14nning PeplEa& App11c31ionMUSSWj41Gaied Guden Sub cerdoc
The preliminary plat, date stamped by the City on July 31, 2014, shows that the pathway
located within Lot 29, Block 2 is proposed to be 5 -foot in width. Eagle City Code 9 -4 -1 -6
states that, "micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum eight feet (8') wide and shall be located
within a sixteen foot (16') wide pedestrian access easement." Additionally, a root barrier shall
be placed on both sides of the pathway to prohibit tree roots from damaging the pathway
surface. The applicant should be required to provide a revised preliminary plat showing an 8-
foot wide pathway on Lot 29, BIock 2. The revised preliminaryplat should be provided prior
to the submittal of the final plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested annexation,
rezone with a development agreement, development agreement in lieu of a PUD, and preliminary plat with
conditions of approval as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
6, 2014, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(1) individual (other than the applicant/representative) who felt that this was a good transitional project
between the commercial to the southand the larger lots to the north.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by six (6) individuals who indicated concerns regarding the lack of transitional (larger Iots) adjacent to
the existing subdivision to the north, drainage from the existing property, the proposed density of the
development, traffic impacts to the adjacent roadways, size of landscape buffer (width and height of
berm along north side of Temple Drive), and opposition to the split of the Evans property.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT (DEVELOPMENT AGREEMENT IN LIEU OF A PUD):
The Commission voted 3 to 0 (Koellisch and Wright absent) to recommend approval of A- 03 -14= RZ-
03-14 for an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to
MU -DA (Mixed Use with a development agreement), development agreement in lieu of a PUD, for
Brighton Corporation with conditions of development to be placed in a development agreement as
provided within their findings of fact and conclusions of law document dated October 20, 2014.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Koellisch and Wright absent) to recommend approval of PP -05 -14 for a
preliminary plat for Gated Garden Subdivision for Brighton Corporation with site specific conditions
of approval and standard conditions of approval as provided within their findings of fact and
conclusions of law documentdated October 20, 2014.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on December 16, 2014,
The Council made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the Eagle City Council by one (1) individual
(other than the applicant/representative) who felt that this was a good project.
C. Oral testimony in opposition to this proposal was presented to the Eagle City Council by three (3)
individuals who indicated:
Page 25 of 37
K Wlammng DepftEagle ApplicauaOSUBSU0141Geted Garden A. eefd%
• They would like to see one-acre lots adjacent to the existing subdivision to the north
• Decreased density within the project
• Concerns about the increase of traffic on the collector roadway
• Request that the City not make any additional Comprehensive Plan Amendments in this
area.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT (DEVELOPMENT AGREEMENT IN LIEU OF A PUD):
The Council voted 2 to 1 (McFarland absent) to approve A- 03- 14,1"RZ -03 -14 for an annexation and
rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -DA (Mixed Use with a
development agreement), development agreement in lieu of a PUD for Brighton Corporation with the
following conditions to be placed within a development agreement with strike through text to be
deleted by the Council:
3.1 The maximum density for the Property shall be 4- dwelling units per acre south of the collector
roadway (Temple Drive), and 2- dwelling units per acre (112 -acre lots) north of the collector roadway
(Temple Drive).
3.2 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and;"or any conditional
use permits, if applicable, and any other applicable applications as may be required by the Eagle City
Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made
except as otherwise providedwithin 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 requiredby the City.
3.4 Building setbacks applicable to each of the three distinct residential types. Setbacks to be measured
from the property line
Townhomes012 to 2,700 sq.ft.):
Front: 0'
Rear: 0'
Side: 0'
Street Side: 0'
Garden (Patio) Homes (5.000-8,500 sq.ft.):
Front: 15 -feet to the living area/Meet to the garage
Rear: 15 -feet
Side: 5 -feet (first story)/ (additional 2.5feet per story, measured to the secondstory)
Street Side: 15 -feet
Estate Lots (min 17.000 sq.ft.):
Front: 30 -feet
Rear: 20 -feet
Side: 7.5 -feet (first story) / (additional 2.5feet per story, measured to thesecond story)
Street side: 20 -feet
Page 26 of 37
K %Planning DepGEage Rpphcauon35UBS52 MGa1ed Garden Sub cer doc
3.5 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately owned
landscaping, private road, pressurized irrigation facilities, and amenities. The owner shall provide
an operation and maintenance manual including the funding mechanism as an addendum to the
CC &Rs and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified ant that the homeowners association or other entity cannot be
dissolved without the expressconsent of the city.
(b) A requirement for all fencing located adjacent to open space to be open -style such as wrought iron,
extruded aluminum (looks identical to wrought iron), or three-rail -type wooden decorative fencing.
All other fencing(ie. cedar fencing, vinyl, chainlink) shall be prohibited.
(c) A requirement that In the event any of the CC &R's are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC &R's are subject to all rules, regulations, laws and ordinances of all
applicable government bodies. In the event a governmental rule, regulation, law or ordinance
would render a part of the CC &R's unlawful, then in such event that portion shall be deemed to be
amended to comply with the applicable rule, regulation, law or ordinance.
3.6 A License Agreement from Zinger Lateral Water Users Association shalt be provided for all
improvements within their easement area prior to the City Clerk signingbe final plat.
3.7 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to submittal of the
final plat application.
3.8 The submittal of the building permit application to the City for each home within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permits applications that do not have anapproval letter attachedwill not be accepted.
diSeFetiOfi, an), building per-Fnit applieatien that does not meet the ar-elikeetuFal Feqiiir-emews and as
FeqtiiFed in item 3.8 abes,e.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 2 to 1 (McFarland absent) to approve PP -05 -14 for a preliminary plat for Gated
Garden Subdivision for Brighton Corporation with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval with underline
text to be added by the Council and strike through text to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the comprehensive plan amendment application CPA-02-14,
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for al engineering and legal fees incurred for reviewing
this project, prior to the City Clerk signingthe final plat.
4. Provide written authorization from the Zinger Lateral Water Users Association for the change ofor
acquisition of an easement area and provide a copy of said easement. Provide a copy of the license
agreement required by the Zinger Lateral Water Users Association. Both documents shall be provided
prior to the submittal of the finalplat application.
5. Remove the re- subdivision of the property located at 7014 N. Linder Road (Lot 20, Block 1, of the
Bodily Bunderson Springs Subdivision No. 2) from the Gated Garden preliminary plat. The applicant
shall provide a revised preliminary plat prior to the submittabf the final plat application.
Page 27 of 37
K Tlanning DepUEagle Appltca1joniSUBSL014 \Gated Garden Sub ccf dac
6. Provide a revised preliminary plat showing Temple Drive moved to the south in order to accommodate
residential lots in lieu of a landscape berm. The revised plat shall show two (2) residential lots a
minimum of 17,000- square feet in size along the west property line of the parcel located at 7107 N.
Springcrest Place and five (5) residential lots a minimum of 20,000-square feet in size along the south
property line of the parcels located at 7107 and 7102 N. Springcrest Place eith,. tFaRsitio ...1 186
(FHiHiFHtIFH 17� affe iR S40), 8F 8H adequate landseape buffei: (minimum 35 feet wide) adjaeeiit ie t
. The revised preliminary plat shall be submitted prior to the
submittal of a final plat application.
7. -A A minimum of 15% of the total -open -space shall be "active open space" (an addifienal
1-3,5O0squar-efeet }. Staff recommends providing a pedestrian pathway located within common lots in
alignment with Lot 29, Block 2, north to Lot 59, Block 2, in order to meet the needed active open
space requirement and to provide off - street pedestrian connectivity through the site: Provide a revised
preliminary plat showing the additional active open space prior to the submittal of design review and
final plat applications.
8. Provide a detail of the proposed gate showing how residents will access the gate, where the security
pad. entry point will be located, and how the turn -out movements will not be impeded by the gate. The
revised preliminary plat showing the gate detail shall be provided prior to the submittal of the final plat
application.
9. City Council
approves the proposed private gated roadways within Gated Garden Subdivision,-,4hen4jhe applicant
shall be required to provide a revised preliminary plat prior to the submittal of a final plat, which
contains the following:
Provide a revised preliminary plat with a plat note that identifies the lot and block of the private
roadway on the face of the plat.
Provide a revised preliminary plat which contains a plat note that: a) conveys to each lot owner
within the subdivision to be served by the private streets the perpetual right of ingress and egress
over the described private street, b) provide that such perpetual easement shall run with the land, c)
provide that the restrictive covenant for maintenance of the private street cannot be modified and
the homeowners': property owners' association or other entity cannot be dissolved without the
express consent of the city. (ECC 9- 3- 2- 5[C][2])
Provide a revised preliminary plat with a street section for the proposed internal private roadways
showing vertical curbing.
10. Provide a revised preliminary plat with a plat note that identifies all ACI-1D storm drainage easements
prior to the submittal of a final plat application.
11. Provide a revised preliminary plat showing an 8 -foot wide pathway located on Lot 29, Block 2, within
• 16 -foot wide easement with root barrier placed on both sides of the pathway, prior to the submittal of
• final plat application. (EagleCity Code 9- 4- 1- 6[D][I])
12. Add a note to the final plat which states that, "Minimum building setback lines shall be in accordance
with the setbacks approved with the development agreement identified by instrument no.
and any subsequent modifications"
13. The applicant shall submit a design review application showing: 1) proposed subdivision signage, 2)
planting details within the proposed and required landscape islands and knuckles and all common
areas throughout the subdivision 3) building elevations for all proposed common area structures and
irrigation pump house 4) landscape screening details of the irrigation pump house, 5) useable
amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and."or
similar amenities, 6) proposed style of fencing. The design review application shall be reviewed and
Page 28 of 37
K ~Planning DepfEagle ApplicaaonskSUBSVD14VGated Garden Sub ccf doc
approved by the Design Review Board prior to the submittal of a final plat application. (ECC 8- 2A -1).
14. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed at
the front of each lot generally at each side property line, or as approved by the Design Review Board.
The trees shall be located in an 8 -foot wide landscape strip between the 5 -foot wide concrete sidewalk
and the curb. Prior to the issuance of any occupancy permits for the homes, all required trees, sod, and
irrigation shal I be installed within landscape strips. A temporary occupancy may be issued if weather
does not permit landscaping however, a surety in accordance with Eagle City Code Section 9 -4 -2 -2 for
150% of the cost of the installation of all landscape and irrigation improvements shall be provided to
the City. (ECC 8- 2A -7).
15. 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)
16. The Gated Garden Subdivision shall remain under the control of one Homeowners Association. (ECC
9- 3- 8[D][41)
17. The applicant shall place a note on the final plat that the pressurized irrigation system and all common
lots are to be owned andmaintained by the Homeowner's Association.
18. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This Street is to be extended in the future." (ECC 9- 4 -1 -2)
19. The applicant shall provide CC &Rs that the Homeowner's Association shall have the duty to maintain
the pressurized irrigation system and all common landscape areas in the subdivision are maintained in
a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees in perpetuity. (ECC 9- 4- 1- 9[C] [I])
20. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any buildng permits for the site.
21. The applicant shall install at the entrances to the Gateway Subdivision 4' x 4' plywood or other hard
surface signs (mounted on two 4 "x 4" posts with the bottom of the signs being a minimum of 3 -feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. The
signs shall be installed prior to the issuance of anybuilding permits.
22. The applicant shall be allowed a reduction in the required twenty percent (20 %) open space-to allow
for the increase in residential lots north of Temple Drive (as identified site specific condition of
approval W. A revised preliminary plat and open space calculations shall be provided prior to the
submittal of a final platapplication.
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:
I . The applicant shall comply with all requirements of the Ada County Highway District andior 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 Engineersigning 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 Iimited to, extending all utilities to the
Page 29 of 37
K -Pismmng OepWagle ApphcsnonASUB5120[*CjS1cd Geadcn sub eef doe
platted property. The developer may submit a letter in lieu of plans explaining why plans may not be
necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required priorto the
City Engineer signingthe 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 Engineesigning 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 signingthe final plat (B.C.C. 9- 20 -8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on the
street side of the home or shall have their sewer drainage system designed with a stub at the house
front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31 -3805, concerning irrigation rights, transfer and disclosure, the water rights
appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred
from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like
satisfactory underground conduit to permit the delivery of water to those landowners within the
subdivision who are also within the irrigation entity.
See Eagle City Code Section 9- 4- 1 -9(C), which provides overriding and additional specific criteria for
pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall be
approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and'or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on -site prior to the City Engineer signing the final plat. A copy of the
construction drawing(s) shall be submittedwith the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineeisigning 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 withina drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City Engineer prior to the City Enginer signing the final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's
specifications and standards.
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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 Engineersigning the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat bythe Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service, and as
may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing bythe Eagle Fire
Department priorto the City Engineer signingthe final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in
accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire
Department prior to issuanceof any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a buildirg permit.
15. Covenants, homeowner's association by -laws or other simi lar 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 Enginer 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 maintenanceand 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 signingthe final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by -laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney priorto the City Engineer signingthe final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all required
landscaping, common area and subdivision signage prior to the City Engheer signing the final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Pathway /Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway /Greenbelt Committee prior to approval of the
final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway /Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat
by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines
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shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of
the building permit or as specifically approvedand/or required ".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to the City Engineer signinghe final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the
City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and'or any other agency havingurisdiction prior to the City Engineer signing the final plat.
25. Basements in homes inthe flood plain are prohibited.
26. The Americans with Disabilities Act, Uniform Building Code, F.agle City Code, Eagle Comprehensive
Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All
design and construction shall be in accordance with all applicable City of Eagle Codes unless
specifically approved by the Commission and'or Counil.
27. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest submits application to the City of Eagle for a
change to the planned use of the subject property.
28. No public board, agency, commission, official or other authority shall proceed with the construction of
or authorize the construction of any of the public improvements required by the Eagle City Code Title
9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9 -6 -5
(A) (2))•
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98 -3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit,Certificate of Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a time
extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
32. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights
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will facilitate the "Dark Sky" concept of lighting.
33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
34. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the ldahoRight to Farm Act.
35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4 "x 4" posts with the bottom of the sign being a minimum of 3 -feet above the
ground) noticing the contractors to cleanup daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:30 PM, April 17, 2014, and a subsequent meeting at 6:30 PM,
June 26, 2014, at the Paramount Community Center (5695 Fox Run Way) in compliance with the
application submittal requirement of Eagle City Code. The applications for these items were received
by the City of Eagleon July 31, 2014.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on August 25, 2014. Notice of this public hearing was mailed to property owners within three -
hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on August 21, 2014. The site was posted in accordance
with the Eagle City Code on September 4, 2014 Requests for agencies' reviews were transmitted on
July 31, 2014, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on December 1,
2014. Notice of this public hearing was mailed to property owners within three - hundred feet (300 -
feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on November 24, 2014. The site was posted in accordance with the Eagle City
Code on December 3, 2014
3. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone
with a development agreement (A -03 -14 & RZ- 03 -14) with regard to Eagle City Code Section 8 -7 -5
"Action by the Commission and Council ", and based upon the information provided concludes that the
proposed rezone is in accordance with the City of Eagle Comprehensive Plan and established goals
and objectives because:
a. The zoning designation of MU -DA (Mixed Use with a development agreement) is consistent
with the Transitional Residential designation as shown on the Comprehensive Plan Land Use
Map and text of the Rim View PIanning Area, as amendedby CPA -02 -14 and approved by the
City Council on December 16, 2014, and due to the transitional lots proposed adjacent to the
commercial development to the south and the transitional lots proposed adjacent to the
existing residential neighborhoodto the north, and;
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 thisproperty under the proposed zone, and;
c. The proposed MU -DA (Mixed Use with a Development Agreement) is compatible with the
RI (Ada County designation) zone and land use to the north since the applicant will be
required to provide transitional lots adjacent to the existing R1 residential homes, and the
proposed developmentwill be residential in nature,and;
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d. The proposed MU -DA (Mixed Use with a Development Agreement) is compatible with the C-
3-DA (Commercial with a development agreement) zone and land use to the south since the
subject area is part of the Rim View Planning Area and proposing patio homes with pedestrian
connection to the commercial development to the soutoand;
e. The proposed MU -DA (Mixed Use with a Development Agreement) is compatible with
Linder Road to the east since this development will contain a landscape buffer adjacent to the
principal arterial roadwayand;
f. The proposed MU -DA (Mixed Use with a Development Agreement) is compatible with the
MU -DA (Mixed Use with a Development Agreement) zone and land use to the west since it
was approved as a residential development(Reynard Subdivision) with similar sze lots;
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 becreated with this rezone.
4. The Council reviewed the particular facts and circumstances of this proposed development agreement
in lieu of a PUD, and based upon the information provided concludes that theproposed development is
in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because;
a. That the proposed development is in the public interest; advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community because;
The intent of Gated Garden Subdivision is to provide residential housing varieties which is a
goal of the City of Eagle PUD ordinance.
b. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area because;
The development will be harmonious and appropriate in appearance with the existing
subdivision on the adjacent property.
c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses because;
Gated Garden Subdivision is proposed to be developed in a manner harmonious with existing
and future uses in the immediate vicinity (Reynard Subdivision & Ashbury Subdivision); and
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The development is planned for residential similar to the character of the surrounding area, it
is not anticipated that any uses or activities will be detrimental to the surrounding properties
upon completion of the site work. Gateway Subdivision will be served by Temple Drive which
has access to Linder Road; and
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and Ere 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
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K Tlammng Depffagle Appl cationASUBSU014NGated Garden Sub cdde..
expense; and
f That the development will not create excessive additional requirements at public cost for
public facilities and services because;
All public facilities and services are supplied by the developer and must be approved at the
time of installation and before acceptance bythe sewer, water or highway district. Because the
developer provides the services in the initial stages of development the public service
providers avoid potential liability and expenses;and
g. That the development is provided with a community garden, open space areas, and/or other
special features which wouldnot typically be provided in a non -PUD proposal because;
The development plan was designed with consideration given to usable open space, pedestrian
pathways interior to the site, pedestrian access to Guerber Park, and improvements to open
space adjacent to State Highway 55;and
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares because;
Access to the development will be from Temple Drive to Linder Road. The development will
include a stub street to the adjacent parcel to the south and north of this development which
will provide intra- neighborhood connectivity upon further development of said property. The
design and construction of the roadways and entrances is guided by the Ada County Highway
District; and
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
No natural, scenic, or historic features of major importance are known to exist on thcsite; and
j. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plarbecause;
The proposed development is in accordance with the Comprehensive Plan since the proposed
changes to the Plan (CPA- 42 -14) proposes up to four dwelling units per acre south of the
collector roadway (Temple Drive) and up to two dwelling units per acre north of the collector
roadway within the Rim View Planning Area and is consistent with the overall development;
and
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8 because;
This application requests approval for a development agreement in lieu of a PUD as outlined
in Eagle City Code and satisfies those requirements as well as will be required to meet the
conditions herein. In addition, the development will be required to submit an application for
design review and comply with all Eagle City Codes and conditions of approval of the design
review; and
I. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations because;
Residential is the only use approvedfor this development; and
m. That the development will not create excessive additional requirements at public cost for
public facilities and services because the facilities and services will be constructed at the
expense of the developer as conditioned herein; and
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K TlanninS Dep&Eagle ApplieauondSUBSUONNGaled Garden Sub eddoc
0
n. All public facilities and services are supplied by the developer and must be approved at the
time of installation and before acceptance by the sewer, water, or highway district. Because
the developer provides the services in the initial stages of development the public service
providers avoid potential liability and expenses.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP -05-
14) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the approved zoning designation of MU -DA
(Mixed Use with 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 proposed changes to the
Comprehensive Plan Land Use Map and the Rim View Planning Area and provides the
required improvements for a subdivisionor 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, standards of
Eagle City Code and the Eagle Architecture and Site Design book (EASDJ 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 Idaho. Fire protection will be available from the
Meridian 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 aid is subject to the conditions herein;and
f While there is no capital improvement program, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments provided, or as
conditioned herein, there is adequate public financial capability to support the proposed
development; and
h. That any health, safety and environmental problems that were brought to the Council's
attention have been adequately addressed by the applicant or will be conditions of the
preliminary plat and subsequent final plat approval as set forth within the conditions of
approval herein.
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K kPlanniog Dcp}Eagle ApplicauonaiSUBSU0145Gated Garden Sub ccf doc
0
DATED this 1311' day of January, 2015.
EAGLE CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, 1& u r
�T
ATTEST:
Aharon K. Bergmann, Eagle CA y Clerk
•�'�,� Of
OR A
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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