Findings - CC - 2015 - RZ-01-15MOD/PP-01-15MOD - Da Mod/21 Lots/3.79 AcreBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION (DEVELOPMENT )
AGREEMENT IN LIEU OF A PUD) AND )
PRELIMINARY PLAT MODIFICATION )
FOR LIBERTYPARK SUBDIVISION )
FOR LIBERTY PARK, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ -01 -15 MOD & PP -01 -15 MOD
The above - entitled development agreement modification, development agreement in lieu of a PUD, and
preliminary plat modification applications came before the Eagle City Council for their action on
November 17, 2015. The City Council, having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Liberty Park, LLC, represented by Nancy Merrill, is requesting a development agreement
modification (development agreement in lieu of a PUD) and preliminary plat modification to the
previously approved Liberty Park Subdivision to account for a one lot reduction. The modified plat
includes 21 -lots (14- residential, 2- commercial, and 5- common). The 3.79 -acre site is generally
located on W. Flint Drive at the southeast corner of W. Flint Drive and N. Park Lane.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on October 9, 2015.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this 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
November 2, 2015. Notice of this public hearing was mailed to property owners within three
hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on October 30, 2015. Requests for agencies' reviews
were transmitted on October 9, 2015, in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with the Eagle City Code on November 5, 2015.
D. HISTORY OF PREVIOUS ACTIONS:
On September 7, 2004, the City Council approved a comprehensive plan amendment to change the
land use designation on the Comprehensive Plan Land Use Map from Residential One (up to one
dwelling unit per acre) to Mixed Use and a rezone from A -R (Agricultural - Residential) to MU -DA
(Mixed Use with development agreement) for Lots 1 and 2, Block 1, and Lots 1, 2, 4, 5, 6, 8, and
9, Block 2, of Flint Estates Subdivision (CPA -03 -03 and RZ- 08 -03).
On September 27, 2005, the City Council approved a conditional use permit, preliminary
development plan and preliminary plat for Bellemeade Planned Unit Development for Tom Ricks
and John Wood (CU- 07- 05/PPUD- 03- 05/PP- 09 -05).
On May 8, 2007, the Eagle City Council approved a design review (DR- 87 -06) for the common
area landscaping for Bellemaede Subdivision for Tom Ricks.
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On May 8, 2007, the Eagle City Council approved a design review (DR- 88 -06) for the signage for
Bellemaede Subdivision for Tom Ricks.
On November 20, 2007, the City Council approved a final development plan and final plat for
Bellemeade Subdivision for Tom Ricks (FPUD -02 -07 & FP- 05 -07).
On October 28, 2008, the City Council approved a modification to the development agreement
associated with Arts West Subdivision and surrounding properties (RZ -08 -03 MOD).
On June 14, 2011, the City Council approved a second modification to the development agreement
associated with Arts West Subdivision and surrounding properties (RZ -08 -03 MOD2).
On May 26, 2015, the City Council approved a development agreement modification and
preliminary plat approval for Liberty Park Subdivision (RZ- 0 1- 15/PPO1 -15).
On September 10, 2015, the Design Review Board approved the common area landscaping for
Liberty Park Subdivision (DR- 31 -15).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site — 3.79
Total Number of Lots - 21
Total Number of Units -
Residential - 14
Commercial - 2
Industrial - 0
Common - 5
Single - family - 14
Duplex - 0
Multi- family - 0
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Mixed Use
MU -DA (Mixed Use with
Vacant
Development Agreement)
Proposed
No Change
MU -DA (Mixed Use with
Commercial/ Single
Development Agreement in
Family Residential
Lieu of a PUD)
North of site
Mixed Use
MU -DA (Mixed Use with
Single Family
Development Agreement)
Residential
South of site
Mixed Use
MU -DA (Mixed Use with
Vacant/State Hwy 44
Development Agreement)
East of site
Mixed Use
MU -DA (Mixed Use with
Single - family dwelling
Development Agreement)
West of site
Mixed Use
RUT (Rural Urban Transition
Park Lane/Vacant
— Ada County Designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site — 3.79
Total Number of Lots - 21
Total Number of Units -
Residential - 14
Commercial - 2
Industrial - 0
Common - 5
Single - family - 14
Duplex - 0
Multi- family - 0
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Total Acreage of Any Out - Parcels — 0
ADDITIONAL SITE DATA
PROPOSED
REQUIRED
Dwelling Units Per Gross Acre
3.69*
3.33 (approved with RZ- 01 -15)
Minimum Lot Size
4,958- square feet
5,000- square feet (minimum lot size in
the MU zone)
Minimum Lot Width
50 -feet
50 -feet
Minimum Street Frontage
35.8 -feet
35 -feet
Total Acreage of Common Area
.98 -acres
.76 -acres (minimum)
Percent of Site as Common Area
25.8 %%
20% (minimum)
Except that, according to ECC Section 9 -3 -8
(C) the City may require additional public
and/or private park or open space facilities in
PUDs.
• Note — The proposed development contains commercial and residential uses. The proposed density is
based only on the residential area.
I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 9- 3 -7(a) requires 20 -foot wide landscape strips to screen adjacent
incompatible features such as highways, railroads, commercial or industrial uses from proposed
residential properties.
Open Space:
A total of .98 -acres (25.8% of the total residential area of the subdivision) is proposed within the
residential area of the subdivision. The open space consists of planter strips, and open areas. A
minimum of 20% is required except that, according to ECC Section 9 -3 -8 (C) the City may require
additional public and/or private park or open space facilities in PUDs.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also, the CC &R's are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9 -3 -6 requires utility and drainage easements to be not less than 12 feet
wide, except a lesser easement widths, to coincide with respective setbacks, may be considered as
part of a planned unit development.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On -site Septic System (yes or no) — no
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Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
J. STREET DESIGN:
Public Streets:
The preliminary plat, date stamped by the City on October 9, 2015, contains a typical street section
that shows the internal local roadways with a forty eight foot (48') wide right -of -way with a thirty
four foot (34') wide street section (back of curb to back of curb) with rolled curbing. The street
section also shows eight foot (8') wide planter strips and detached five foot (5') wide sidewalks
located on each side of the street. One foot (1') of the planter strip and the detached sidewalk are
located outside of the right -of -way.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500% None
Cul -de -sac Design: None
Sidewalks:
The Council previously approved an attached sidewalk located adjacent to West Flint Drive east of
West Liberty Drive. A detached five foot (5') wide concrete sidewalk is proposed along the
remainder of Flint Drive and both sides of all interior public roadways.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications shall be
provided to the City Zoning Administrator prior to the City Engineer signing the final plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received to date.
Approval from that committee is required prior to final plat approval.
K. ON AND OFF -SITE PEDESTRIAN/BICYCLE CIRCULATION:
L.
M.
Pedestrian Walkways: (See comments under sidewalks above.)
Bike Paths:
Eagle City Code section 9 -4 -1 -7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right -of -way or separate easement, as may be specified by the City Council.
PUBLIC USES PROPOSED: None proposed
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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N. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — no
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — unknown
Wildlife Habitat — unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Ballentyne West Lateral Users Association
Central District Health
Eagle Fire Department
Idaho Transportation Department
Republic Services
Tesoro Logistics
West Ada School District
Q. LETTERS FROM THE PUBLIC: None provided to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this land
use designation should be required to proceed through the PUD and/or Development Agreement
process, see specific planning area text for a complete description.
6.8.1 Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community commercial,
professional office, and a variety of residential densities. The vision for the area is to recognize the
activity center created by Eagle High School and existing development approved by Ada County and
to provide compatible land uses at densities that accommodate pedestrian scale design and future mass
transit.
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A. Uses
The land use and development policies specific to the Park Lane Planning Area include the
following:
3. Flint Drive shall be preserved primarily as a residential street while properties abutting State
Street should include a mix of residential uses, commercial uses limited to lease spaces no
larger than 30,000 square feet and office uses that promote trip capturing. The properties
abutting State Street shall be reviewed and conditioned by the City through the use of a
development agreement at the time of rezone.
C. Access
1. Access to and through should be limited to existing roads (Old Valley Road, Park Lane and
Linder Road); no direct access from State Street/ Highway 44 shall be permitted unless a new
access point is designated by the State of Idaho for Eagle Island State Park.
2. The area to the north of State Highway 44 should require the construction of a frontage road
(similar to Old Valley Road) that removes individual property access to State Highway 44.
This high density area shall provide internal circulation and connectivity to the residential
areas to the north.
3. Cross - access agreements and shared service roads should be encouraged throughout the area.
4. Linkage roads through the area east of Eagle High School should provide connectivity to
Floating Feather Road to the north, Park Lane to the west, and Breanna Drive to the east.
5. Right -of -way should be preserved for a future connection to State Highway 44 in alignment
with the future State Highway 44 entrance to Eagle Island State Park.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code 8 -2 -1: Districts Established, Purposes and Restrictions:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office,
limited commercial, and residential. This district is intended to ensure compatibility of new
development with existing and future development. It is also intended to ensure assemblage of
properties in a unified plan with coordinated and harmonious development which shall promote
outstanding design without unsightly and unsafe strip commercial development. Uses should
complement the uses allowed within the CBD zoning district. All development requiring a
conditional use permit in the MU zoning district, as shown in section 8 -2 -3 of this chapter, shall
occur under the PUD and/or development agreement process in accordance with chapter 6 or 10 of
this title unless the proposed development does not meet the area requirements as set forth in
section 8- 6 -5 -lof this title. In that case a cooperative development, in conjunction with adjacent
parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a conditional
use permit shall be required unless the proposed use is shown as a permitted use in the MU zoning
district within section 8 -2 -3 of this chapter. Residential densities shall not exceed twenty (20)
dwelling units per gross acre. When a property is being proposed for rezone to the MU zoning
district, a development agreement may be utilized in lieu of the PUD and/or conditional use
process if approved by the city council, provided the development agreement includes conditions
of development that are required during the PUD and conditional use process. (Ord. 673, 11 -27-
2012)
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C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• 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)
D. DISCUSSION:
The previously approved preliminary plat included the existing residence located at 3855 West
Flint Drive (Lot 14, Block 3, as identified on the previously approved Liberty Park Subdivision).
The owner of the existing residence no longer desires to be included within the development. The
applicant is requesting to modify the preliminary plat to remove Lot 14, Block 3, from the
development. The applicant submitted a preliminary plat for Warrior Park Subdivision (previously
approved as Liberty Park Subdivision) which shows Lot 14, Block 3 removed.
Condition of Development 3.1 of the previously approved development agreement identified the
density of the development as 3.33 dwelling units per acre (which included Lot 14, Block 3, as
identified on the previously approved Liberty Park Subdivision). With the removal of Lot 14,
Block 3, the density of the development is 3.69 dwelling units per acre. Condition of Development
3.1 should be revised to state, "The maximum density for the Property shall be 3.69 dwelling units
per acre."
• Condition of Development 3.12 of the previously approved development agreement provided an
allowance for the existing home located at 3855 West Flint Drive (Lot 14, Block 3, as identified
on the previously approved Liberty Park Subdivision) to continue the use of the existing well and
septic system and required the applicant to provide a stub -out for public water and sewer service to
the existing home. Since Lot 14, Block 3, (as identified on the previously approved Liberty Park
Subdivision preliminary plat) is proposed to be removed, Condition of Development 3.12 should
be removed from the development agreement.
The preliminary plat, date stamped by the City on October 9, 2015, delineates a storm drain
easement located within Lot 9, Block 3. Plat note #6 does not contain an ACHD master storm
drain note for Lot 9, Block 3. The applicant should be required to provide a revised preliminary
plat with the first sentence of plat note #6 revised to state, "Lot 1 and Lot 9, Block 3 is servient to
and contains the ACHD storm water drainage system." The revised preliminary plat should be
submitted prior to submittal of a final plat application.
STAFF RECOMMENDATION REGARDING THE DEVELOPMENT AGREEMENT
MODIFICATION (DEVELOPMENT AGREEMENT IN LIEU OF A PUD):
Based upon the information provided to date, staff recommends approval of the requested development
agreement modification (development agreement in lieu of a PUD) with conditions of development as
provided within the staff report.
STAFF RECOMMENDATION REGARDING THE PRELIMINARY PLAT MODIFICATION:
Staff recommends approval with the site specific conditions of approval and standard conditions of
approval as provided within the staff report.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on November 17, 2015, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
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B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by two (2) individuals
that indicated that the application was not properly noticed. (The Zoning Administrator and City
Attorney confirmed that proper notice was provided in accordance with Idaho State Code and Eagle
City Code. The City Attorney also noted that the concerned party was in attendance and has been
afforded the opportunity to testify.)
COUNCIL DECISION REGARDING THE DEVELOPMENT AGREEMENT MODIFICATION
(DEVELOPMENT AGREEMENT IN LIEU OF A PUD):
The Council voted 4 to 0 to approve RZ -01 -15 MOD for a modification to the development agreement
(development agreement in lieu of a PUD) for Liberty Park, LLC, with the following staff recommended
conditions of development to be placed within an Amended and Restated Development Agreement with
underline text to be added by the Council and strike through text to be deleted by the Council:
3.1 The maximum density for the Property shall be 33 3.69 dwelling units per acre.
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in that
concept may occur. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public hearing
shall be held on any proposed changes in the Concept Plan, and notice shall be provided as may be
required by the City.
3.4 In accordance with ECC Section 8 -2 -1, this Development Agreement is considered in -lieu of a
PUD (except as conditioned below). Except for the limitations and allowances expressly set forth
herein below, and in other terms of this Development Agreement, the uses which are shown as
permitted (P) or conditional (C) uses under the Mixed Use zoning designation within Eagle City
Code Section 8 -2 -3 "Official Schedule of District Regulations" shall be considered Permitted on
Lots 2 and 3, Block 1, except the following uses shall be prohibited:
Mobile home (single unit primary residence)
Mobile home (single unit temporary living quarters)
Mobile home park
Animal shows or sales
Automotive washing facility
Bar
Cabinet shop
Cemetery
Circuses and carnivals
Christmas tree sales
Commercial entertainment facilities (indoors)
Commercial entertainment facilities (outdoors)
Drive -in theater
Electronic sales, service, or repair shop
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Equipment rental and sales yard
Farmer's markets (outdoor)
Hardware store
Horticulture (general)
Hospital
Hotel
Industry
Kennel
Laboratories
Laundromat
Laundry (with drive up service)
Live entertainment events
Mobile office
Mortuary
Motel
Parking lot, parking garage commercial
Personal wireless facilities (height — over 35 feet)
Research Activities
Retail sales (general)
Riding academies /stables
Roadside Stand (temporary structure)
Sign shop, including painting
Small engine repair (mower, chainsaws, etc.)
Storage (enclosed building)
Storage (fenced area)
Street fair
Trade fair
Upholstery shop
Woodworking shop
3.5 The Owner shall submit a Master Design Review site layout and landscape application for Lots 2
& 3, Block 1, and shall comply with all conditions required by Eagle as part of the Design Review
prior to the issuance of a building permit.
3.6 The single - family dwellings shall be constructed utilizing "Craftsman" style architecture (Exhibit
D). The design of commercial buildings shall incorporate residential elements to ensure
compatibility with surrounding uses. All commercial buildings shall be designed in accordance
with the Eagle Architecture and Site Design book (EASD) as set forth in Eagle City Code Section
8 -2A. Eagle Design Review Board approval of the detailed architectural plans for the development
is required prior to the issuance of building permits for commercial buildings, pumphouse for
irrigation, and gazebos.
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC &Rs. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC &Rs, and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not
be accepted.
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3.7 Excluding the residential portion of the subdivision, all buildings require the approval of the
Design Review Board. The design of the buildings shall incorporate residential elements to ensure
compatibility with surrounding uses. All buildings shall be designed in accordance with the Eagle
Architecture and Site Design book (EASD) as set forth in Eagle City Code Section 8 -2A.
3.8 The setbacks (measured from the property line) shall be as follows (including commercial):
Front: 20- feet/living area, 25-feet/garage (front load)
Rear: 15 -feet
Side: 5 -feet (first story)/ (additional 3 feet per story, measured to the second story)
Street Side: 20 -feet
Lot 2 -5, Block 2
Front 20 -feet (Measured from property line dividing shared driveway)*
Rear 15 -feet
Side 5 -feet
Street side 12.5 -feet (south property line)
*All garages shall take access from the shared driveway
3.9 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an
operation and maintenance manual, for the pressurized irrigation facilities, including the
funding mechanism as an addendum to the CC &Rs and the repair and maintenance
requirement shall run with the land and that the requirement cannot be modified and that the
homeowners association or other entity cannot be dissolved without the express consent of the
city.
(b) A requirement for all fencing located adjacent to open space to be open -style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or other similar decorative style
fencing. All other fencing (i.e. cedar fencing, vinyl, chain link) shall be prohibited. The
residential lot located adjacent to the commercial lots is permitted to have solid fencing
located adjacent to the west property line and not to encroach into the front yard.
(c) A requirement that in the event any of the CC &Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC &Rs 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 &Rs unlawful, then in such event that portion shall be
deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
3.10 A License Agreement from Ballantyne Ditch Company shall be provided for all improvements
within their easement area prior to the City Clerk signing the final plat.
3.11 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to submittal of
the final plat application.
k —
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COUNCIL DECISION REGARDING THE PRELIMINARY PLAT MODIFICATION:
The Council voted 4 to 0 to approve PP -01 -15 MOD for a preliminary plat modification for Liberty Park
Subdivision, for Liberty Park, LLC, with the following staff recommended site specific conditions of
approval and standard conditions of approval with underline text to be added by the Council and strike
through text to be deleted by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ -01 -15 and
RZ-01 -15 MOD.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering fees and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat.
4. Enter into an amended and restated development agreement specific to this parcel only (see above
recommended conditions of development [Page 4]). Additionally, submit a modified development
agreement, modifying the existing development agreement (item 3.21), instrument number 113089276
to read,
"Lots 1 and 2, Block 1, of the Amended Plat of Flint Estates Subdivision shall be permitted for
development of a residential subdivision not to exceed three (3) dwelling units per acre. The
residential subdivision shall be submitted as a Planned Unit Development (PUD)."
The two development agreements shall be completed and recorded prior to the submittal of a final plat
application.
5. A pressurized irrigation waiver is granted and the installation of pressurized irrigation supplied by
surface water rights is not required.
6. Provide a revised preliminary plat showing the street right -of -way expanded to include the eight -foot
(8') wide planter strips. The revised preliminary plat shall show the five -foot (5') wide detached
sidewalks to be located within an ACHD pedestrian easement. The revised preliminary plat shall be
provided prior to submittal of a final plat application.
7. Provide a revised preliminary plat showing and identifying the irrigation lateral along the south
property line to be piped. The preliminary plat shall also identify the irrigation lateral to be located
within an irrigation easement. The revised preliminary plat shall be provided prior to the submittal of a
final plat application.
8. Provide a revised preliminary plat showing a detached 5 -foot wide sidewalk with an 8 -foot wide
planter strip along N. Park Lane prior to submittal of a final plat application.
9. Provide a minimum of 15% of the open space as active open space. The applicant shall submit a
revised landscape plan with the design review application.
10. Provide a revised preliminary plat with plat notes that read:
• "Unless otherwise designated or dimensioned, there shall be a permanent easement for public
utilities, irrigation, lot drainage, sewer, irrigation and street lights over the twelve (12) feet
adjacent to any public street. This easement shall not preclude the construction of hard - surfaced
driveways and walkways to each lot."
• "Unless otherwise designated or dimensioned, there shall be a permanent easement for public
utilities, irrigation, and lot drainage over the five (5) feet adjacent to side lot lines."
• "Unless otherwise designated, there shall be a permanent easement for public utilities, pressure
irrigation and lot drainage over the twelve (12) feet adjacent to rear lot lines."
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11. Provide a revised preliminary plat with a plat note that reads, "Minimum building setback lines shall
be in accordance with the Eagle City Zoning Ordinance at the time of issuance of a building permit or
as specifically approved by the conditions of development for the City of Eagle RZ- 01 -15, instrument
no. , records of Ada County, Idaho and any subsequent modification(s)" prior to the
submittal of a final plat application.
12. Provide a revised preliminary plat with a new plat note to read, "Direct vehicular access to W. Park
Lane is prohibited unless specifically allowed by the Ada County Highway District and the City of
Eagle." The revised preliminary plat shall be provided prior to the submittal of a final plat application.
13. Wevide a revised pwlirninar-y plat with an AGHD mastff steEm dfain note that mfemnees Lot 1, Bleek
3, prior- to the sabw&W of a final plat .
Provide a revised preliminary plat with the first sentence of plat note #6 revised to state "Lot 1 and
Lot 9. Block 3, are servient to and contain the ACHD storm water drainage system The revised
preliminary plat shall be submitted prior to submittal of a final plat application.
14. Provide a revised landscape plan showing all fencing located adjacent to common areas and on the
street side of all comer lots to be open style fencing such as wrought iron or other similar decorative
style fencing, prior to the submittal of a design review application. The residential lot located adjacent
to the commercial lots is permitted to have solid fencing located adjacent to the west property line and
not to encroach into the front yard. The solid fencing shall be reviewed and approved by the Design
Review Board prior to submittal of a final plat application.
15. The applicant shall submit a design review application showing: 1) proposed subdivision signage, 2)
planting details within the proposed and required landscape islands and all common areas throughout
the subdivision 3) building elevations for all proposed common area structures and irrigation pump
house 4) landscape screening details of the irrigation pump house, 5) useable amenities such as picnic
tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 6)
proposed style of fencing. The design review application shall be reviewed and approved by the
Design Review Board prior to the submittal of a final plat application.
16. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed at
the front of each lot on the side lot lines, or as approved by the Design Review Board and within five -
feet (5') of the edge of the roadway. Prior to the City Clerk signing the final plat, the applicant shall
either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150%
of the cost of the installation of all landscape and irrigation improvements within landscape strips.
Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary
occupancy may be issued if weather does not permit landscaping.
17. The Liberty Park Subdivision shall remain under the control of one Homeowners Association.
18. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights -of -way abutting and within this site prior to approval of a final plat application.
19. The applicant shall provide CC &Rs at the time of submittal of a final plat application indicating that
the Liberty Park Homeowner's Association shall have the duty to maintain the pressurized irrigation
system and all common landscape areas in the subdivision are maintained in a competent and attractive
manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance
with Eagle City Code in perpetuity.
20. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This Street is to be extended in the future."
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21. The applicant shall install at the entrances to the Liberty Park Subdivision 4' x 4' plywood or other
hard surface signs (mounted on two 4 "x 4" posts with the bottom of the signs being a minimum of 3-
feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
The signs shall be installed prior to the issuance of any building permits.
22. The sidewalk located adjacent to West Flint Drive east of West Liberty Drive maybe attached to West
Flint Drive.
23. The signage (as required by ACHD) to be located at the southern terminus of North Dedicated Lane
shall contain language that the property located to the south may be developed with commercial uses.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the
plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not be
necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39 -118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on the
street side of the home or shall have their sewer drainage system designed with a stub at the house
front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31 -3805, concerning irrigation rights, transfer and disclosure, the water rights
appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred
from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like
satisfactory underground conduit to permit the delivery of water to those landowners within the
subdivision who are also within the irrigation entity.
See Eagle City Code Section 9- 4- 1 -9(C), which provides overriding and additional specific criteria for
pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall be
approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on -site prior to the City Engineer signing the final plat. A copy of the
construction drawing(s) shall be submitted with the letter.
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10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat.
The CC &R's shall contain clauses to be reviewed and approved by the City Engineer and City
Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all
runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line
onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, drainage district, drainage entity,
or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the entity. A
Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the
existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure
any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho
Standards for Public Works Construction. A copy of such written approval and certification shall be
filed with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right -of -way for any ditch, pipe or other structure, or canal, or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation
entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the
City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's
specifications and standards. The applicant shall delineate on the face of the final plat an easement,
acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures,
conduit and wiring lying outside any dedicated public right -of -way, prior to the City Engineer signing
the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service, and as
may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in
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accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire
Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit.
16. Covenants, homeowner's association by -laws or other similar deed restrictions, acceptable to the Eagle
City Attorney which provide for the use, control and mutual maintenance of all common areas, storage
facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision - making procedures relating to the maintenance of structures,
grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City
Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by -laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all required
landscaping, common area and subdivision signage prior to the City Engineer signing the final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Pathway /Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway /Greenbelt Committee prior to approval of the
final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the
City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines
shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of
the building permit or as specifically approved and/or required ".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the
City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive
Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All
design and construction shall be in accordance with all applicable City of Eagle Codes unless
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specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest submits application to the City of Eagle for a
change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the construction of
or authorize the construction of any of the public improvements required by the Eagle City Code Title
9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9 -6 -5
(A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98 -3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a time
extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights
will facilitate the "Dark Sky" concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4 "x 4" posts with the bottom of the sign being a minimum of 3 -feet above the
ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed development agreement
modification (RZ -01 -15 MOD) with regard to Eagle City Code Section 8 -7 -5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The zoning designation of MU -DA (Mixed Use with a development agreement) is consistent with
the Mixed Use designation as shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the
MU -DA (Mixed Use with a Development Agreement) zone and land use to the north since that
area may be developed in a similar manner;
d. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the
MU -DA (Mixed Use with a development agreement) zone and land use to the south since that area
may be developed in a similar manner;
e. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the
MU -DA (Mixed Use with a Development Agreement) zone and land use to the east since that area
contains a single - family residence and may be developed in a similar manner as contemplated
within the development agreement recorded on the property;
f. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the
RUT (Rural Urban Transition — Ada County designation) zone and land use to the west since that
area may be developed in a similar manner;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan; and
h. No non - conforming uses are expected to be created with this rezone.
2. The Council reviewed the particular facts and circumstances of this proposed development agreement
modification and development agreement in lieu of a PUD, and based upon the information provided
concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan
and established goals and objectives because:
a. The development is proposed to be constructed in a single phase.
b. The land is owned by a single owner and the development will be initiated within a year following
City Council approval.
c. That the proposed development is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community because:
The intent of Liberty Park Subdivision is to provide a residential project with a unique product,
which is a goal of the City of Eagle PUD ordinance. The subdivision will also have two (2)
commercial lots which will contain uses that may be beneficial to the community.
d. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area because:
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The development will be harmonious and appropriate in appearance with the existing development
located on the adjacent parcel to the east of the proposed development. The development will also
provide a stub street to the adjacent property located south of the proposed development.
e. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because:
Liberty Park Subdivision is proposed to be developed in a manner harmonious with existing and
future uses in the immediate vicinity since the site is being proposed in conformance with the
Comprehensive Plan.
f. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors because:
The development is planned for residential and commercial uses similar to the character of the
surrounding area, it is not anticipated that any uses or activities will be detrimental to the
surrounding properties upon completion of the site work. Liberty Park Subdivision will be served
by West Flint Drive.
g. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools because:
All central services are either available to the site or will be as conditioned herein, as noted within
the letters provided by the agencies having jurisdiction over the site. Development of sewer, water,
drainage, streets, and other urban services will be provided at the developer's expense.
h. That the development will not create excessive additional requirements at public cost for public
facilities and services because:
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water, or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses.
i. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non -PUD proposal because:
The development plan was designed with consideration given to usable open space and providing
additional commercial uses.
j. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because:
Access to the development will be from North Park Lane (collector) to West Flint Drive, which
provides access to the internal streets of the proposed development. The interior streets will be
public and will be constructed in conformance with standards pursuant to ACHD.
k. 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 the site.
1. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan because:
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The proposed development is in accordance with the Comprehensive Plan since the plan calls for
High Density Residential and the proposed density will have less of an impact than what is
permitted for the area.
m. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8 because:
This application requests approval for a development agreement in lieu of a PUD as outlined in
Eagle City Code and satisfies those requirements as well as will be required to meet the conditions
herein. In addition, the developer will be required to submit an application for design review and
comply with all Eagle City Codes and conditions of approval of the design review.
n. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations because:
The proposed development contains a mix of commercial and residential uses and is similar in
design as the surrounding area.
5. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP -01-
15 MOD) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the approved zoning designation of MU -DA (Mixed
Use with a development agreement);
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City
Code since the development is consistent with the Comprehensive Plan Land Use Map designation
of Mixed Use and provides the required improvements for a subdivision or as may be conditioned
herein;
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use will
not change the essential character of the same area and because this site will be designed in
accordance with the requirements of the proposed development agreement modification and the
standards of Eagle City Code and the Eagle Architecture and Site Design book (EASD);
d. Will not create excessive additional requirements at public cost for facilities and services as the
site will be served with central sewer from the Eagle Sewer District and will use public water to be
served from United Water of Idaho. Fire protection will be available from the Eagle Fire
Department and fire hydrants will be provided where required;
e. Will have vehicular approaches to the property designed to not create an interference with traffic
on surrounding public thoroughfares since the project is required to be reviewed and approved by
the Ada County Highway District and is subject to the conditions herein;
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;
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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DATED this 15th day of December 2015.
CITY COUNCIL
OF THE CITY OF EAGLE
da County, Idaho
L*es D. Reynolds, May
ATTEST:
Sharon K. Bergmann, Eagle City Jerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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