Findings - PZ - 2021 - A-05-19/RZ-11-19/RZ-06-04 MOD4/CU-10-19/PPUD-07-19/PP-07-19 - Route 44 Crossing - Route 44 Crossing Sub BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION,REZONE FROM )
R1 AND C2 (ESTATE RESIDENTIAL AND )
COMMUNITY COMMERCIAL—ADA )
COUNTY DESIGNATIONS)TO C-1-DA-P )
(NEIGHBORHOOD COMMERCIAL WITH )
A DEVELOPMENT AGREEMENT), )
DEVELOPMENT AGREEMENT MODIFICATION, )
CONDITIONAL USE PERMIT,PRELIMINARY )
DEVELOPMENT PLAN AND PRELIMINARY )
PLAT FOR ROUTE 44 CROSSING SUBDIVISION )
FOR JAY WALKER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-05-19/RZ-11-19/RZ-06-04 MOD4/CU-10-19/PPUD-07-19/PP-07-19
The above-entitled annexation, rezone with a development agreement, development agreement
modification, conditional use permit, preliminary development plan and preliminary plat applications
came before the Eagle Planning and Zoning Commission for their consideration on July 19, 2021, at
which time public testimony was taken. The applications were continued to September 7, 2021, at which
time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning
Commission, having heard and taken oral and written testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Jay Walker is requesting annexation, rezone from R1 and C2 (Estate Residential and Community
Commercial — Ada County designations) to C-1-DA-P (Neighborhood Business District with a
development agreement — PUD), development agreement modification, conditional use permit,
preliminary development plan,and preliminary plat approvals for Route 44 Crossing Subdivision,
a 71-lot (41-single-family [inclusive of 9-live/work lots], 10-commercial [inclusive of 2-storage
unit lots], 20-common) residential/commercial planned unit development. The 15.68-acre site is
located at the northeast corner of State Highway 44 and North Linder Road at 410 North Linder
Road and 4400 West State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:30 PM, on Thursday, August 8, 2019, in
compliance with the application submittal requirement of Eagle City Code. The application for
this item was received by the City of Eagle on October 24, 2019. A traffic impact study was
provided to the City on December 12,2019. A revised narrative and revised preliminary plat were
provided to the City on December 31, 2019. A preliminary irrigation facility report was provided
to the City on January 24, 2020. A second revised narrative and revised preliminary plat were
provided to the City on December 21, 2020. A third revised narrative and revised preliminary plat
were provided on April 9, 2021. A second revised development agreement was provided on April
9,2021.
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C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on April 16, 2020, in accordance with the
requirements of the Eagle City Code. A second request for agencies' review were transmitted on
April 14, 2021. 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 May 21, 2021. Notice of this public hearing was mailed to
property owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code on May 21, 2021. The site was posted in accordance with the Eagle City Code
on May 25,2021.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 9, 2004, the City Council approved an annexation and rezone with development
agreement(s) for the Van Treeck and Schenk properties and Copperfield and Sedona Creek
Subdivisions. (A-04-04/R-06-04)
On July 24,2007,the City Council approved a development agreement medication for the Schenk
Property for Hawkins Companies. (RZ-06-04 MOD)
On February 14, 2017, an application for a development agreement modification was submitted
by Maverik, Inc. The application was subsequently withdrawn on March 20, 2017. (RZ-06-04
MOD2)
On February 7, 2018, an application for a development agreement modification was submitted by
Nicoll Investments, LLC. The application was subsequently withdrawn on March 27, 2018. (RZ-
06-04 MOD3)
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE:
See applicant's justification letter, date stamped by the City on April 9, 2021 (attached to the staff
report).
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justification letter, date stamped by the City on April 9,2021 (attached to the staff
report).
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H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial and Mixed R1 and C2(Estate Vacant parcels
Use Residential and Community
Commercial—Ada County
designations)and C-1-DA
(Neighborhood Business
District with a development
agreement)
Proposed No Change C-1-DA-P(Neighborhood Residential/Commercial
Business District with a subdivision
development agreement—
PUD)
North of site Neighborhood Residential R-2-DA (Residential with a Single-family residential
with a Residential development agreement) and subdivision(Sedona Creek
Transition Overlay and RUT(Rural-Urban Transition Subdivision)and vacant
Mixed Use —Ada County designation) parcel
South of site Mixed Use RUT(Rural-Urban Transition Comptons Andrews Tract
—Ada County designation) Subdivision
East of site Mixed Use R1 and C2(Estate Convenience
Residential and Community Store/Restaurant with Fuel
Commercial—Ada County Center
designations)
West of site Compact Residential with RUT(Rural-Urban Transition Church and multi-family
Residential Transition — Ada County designation) residential subdivision
Overlay and MU-DA-P (Mixed Use (Enfield Commons
with development agreement Subdivision)
—PUD)
I. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA,CEDA,or DSDA.
J. SITE DATA(based on the preliminary plat, date stamped by the City on April 9, 2021):
Total Acreage of Site— 15.68-acres
Total Number of Lots—71
Residential—41 (inclusive of 9-live/work lots)
Commercial— 10(inclusive of 2-storage unit lots)
Industrial—0
Common—20
Total Number of Units—41
Single-family—0
Single-family attached—41 (inclusive of 9-live/work lots)
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Total Acreage of Any Out-Parcels—none
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 7.14-units per acre* 7.14-dwelling units per acre
(as limited within the
development agreement)
Minimum Lot Size 2,976-square feet 2,000-square feet(minimum)
Minimum Lot Width 37.5-feet 25-feet(minimum)
Minimum Street Frontage 18-feet 35-feet(minimum)
Total Acreage of Common Area 2.55-acres 1.15-acres(minimum)
Percent of Site as Common Area 16.2% 15%(minimum)
* Based on the residential area of the development(not inclusive of the C or D Streets).
K. GENERAL SITE DESIGN FEATURES:
Open Space and Landscape Screening:
The preliminary plat, date stamped by the City on April 9, 2021, shows a 35-foot-wide common
lot(Lot 53, Block 1) located adjacent to S. Linder Road(as identified on the preliminary plat). A
landscaped buffer berm is proposed within the 35-foot-wide common lot. There is a 973-square
foot landscaped common lot(Lot 1, Block 1) located on the north side of A Street in proximity to
the intersection of S. Linder Road. The preliminary plat identifies a 9,422-square foot lot(Lot 17,
Block 1) located on the north side of C Street approximately 95-feet west of the intersection of A
Street and C Street. Lot 17, Block 1,will contain a proposed park. The proposed park is shown to
contain a shelter with picnic tables, a 5-foot-wide sidewalk providing access to the shelter, and a
park bench. The preliminary plat shows a 60-foot-wide common lot (Lot 43, Block 1) located
adjacent to State Street/Highway 44. A 5-foot-wide sidewalk is shown within Lot 43, Block 1.
Also, Lot 43, Block 1, is encumbered by a 60-foot-wide canal easement. The preliminary plat
shows 8-common lots(Lots 16, 19,27, 35, 55, 62, 64,and 71, Block 1) located between the street
side lot lines and the street.
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&Rs 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.
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Utility and Drainage Easements,and Underground Utilities:
Eagle City Code Section 9-3-6 requires utility easements to be not less than 12-feet wide. The
preliminary plat, date stamped by the City, indicates public utility, irrigation, and lot drainage
easements will be located adjacent to any public street(there are no public streets located within
the development) and the rear lot lines. There are overhead powerlines located along S. Linder
Road north of C Street, and a powerline running 340-feet north from State Street/Highway 44 into
the site approximately 220-feet from the eastern property line.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System—No
Pressurized Irrigation:
The applicant provided a Preliminary Irrigation Feasibility report, date stamped by the City on
January 24, 2020(attached to the staff report).
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.
L. STREET DESIGN:
Private Streets and Alleys:
See the street sections shown on Page 2 of the preliminary plat, date stamped by the City on April
9, 2021.
Blocks Less Than 500': None.
Cul-de-sac Design:None.
Sidewalks:
The street sections shown on Page 2 of the preliminary plat, date stamped by the City on April 9,
2021, shows 5-foot wide attached sidewalks located on each side of the private streets.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior streets.
Lighting:
Lighting for the proposed private streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
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M. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
The applicant is proposing to construct 5-foot-wide attached sidewalks on both sides of the
private streets. The applicant is also proposing 5-foot-wide detached sidewalks along North
Linder Road and State Highway 44. The proposed park area(Lot 17, Block 1)will have a 5-foot-
wide pathway providing access to the gazebo.
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.
N. PUBLIC USES PROPOSED:None proposed.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will be served with potable water from Suez Water of Idaho. The Eagle Sewer
District provided an email, dated April 16, 2020, which indicated the property is annexed into the
District and will be served by a 10-inch PVC trunk line.
Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion— No
Fish Habitat—No
Floodplain—No
Mature Trees — Yes — Along the west property line approximately 360-feet north of SH-44 and
within the northeast corner of the property.
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—Yes—Middleton Mill Canal
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required.
S. 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 May 10, 2021, are of special
concern(attached to the staff report).
City of Eagle Trails and Pathways Superintendent's email dated June 2, 2021 (attached to the
staff report).
City of Eagle Museum Curator/City Historic Preservation Officer
Ada County Highway District
Central District Health Department
Community in Motion 2040 2.0 Development Review(COMPASS)
Department of Environmental Quality
Eagle Fire Department
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Eagle Sewer District
Idaho Transportation Department(Three [3] correspondences, date stamped by the City on March
9,2020,April 13,2020,and May 21,2020)
West Ada School District
T. LETTERS FROM THE PUBLIC(attached to the staff report):
Email correspondence received from Janet Deters,Michael Gilano, and Shirley Huber, dated May
31,2021.
Email correspondence received from Derek and Shannon Hamblin, dated June 1,2021.
Email correspondence received from Arlene Hudson, dated May 31, 2021.
Email correspondence received from Dan Darragh,dated June 1,2021.
Email correspondence received from Craig Osborne, dated June 1,2021.
Correspondence received from Mary Reimers and Sedona Creek Neighbors, date stamped by the
City on June 1,2021.
Correspondence received from Ron and Sheree Finch, date stamped by the City on June 1, 2021.
Email correspondence received from Scott Norell,dated June 1, 2021.
Email correspondence received from Linda Weston, dated June 1, 2021.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING 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 Land Use Map (adopted November 15, 2017), designates this site as the
following:
Commercial
Suitable primarily for the development of a wide range of commercial activities including offices,
retail and service establishments. Uses should complement uses within Downtown Eagle.
6.4 General Land Use Goals
6.4.3 General Land Use Implementation Strategies
D. Allow for planned activity centers and nodes to provide commercial and non-
residential needs within the City; discourage the development of strip commercial.
6.5 Park Lane Planning Area (as identified within the comprehensive plan the subject site is located
within this planning area)
6.5.3 Park Lane Access/Connectivity
A. Access to and through the area should be limited to existing roadways (Old Valley
Road, Fisher Parkway, Park Lane, and Linder Road); direct access from State
Street/Highway 44 should not be permitted.
C. Cross-access agreements and shared service roads should be encouraged throughout the
area and should be a requirement for all non-residential development.
6.5.4 Issues of Concern
C. Access limitations should be encouraged to increase the function of State Highway 44
as a regional transportation route and future transit corridor.
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A. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL(Based on Eagle City Code in effect at the time of submittal of the application):
• Eagle City Code Section 8-1-2: Rules and Defmitions:
DWELLING, MULTI-FAMILY: A dwelling consisting of three (3) or more dwelling units
including townhouses and condominiums with varying arrangements of entrances and party
walls. Multi-family housing may include public housing.
DWELLING, TWO-FAMILY: A dwelling, consisting of two (2) dwelling units which may be
either attached side by side or one above the other. This definition does not include accessory
dwelling units.
PRIVATE ROAD: A road, street, alley, or bridge that is not laid out or established by the state of
Idaho or a subdivision of the state or dedicated to the state or a subdivision of the state and
accepted by such entity or used by the public for a period of not less than five (5) years and
worked and kept up by,at the expense of,the public during that period of time.
STREET: A right of way which provides vehicular and pedestrian access to adjacent properties,
the dedication of which has been officially accepted. The term "street" also includes the terms
highway,thoroughfare,parkway,road, avenue,boulevard, lane,place or other such terms.
Access Street: A minor street which has the primary purpose of providing access to abutting
properties.
Alley: A minor street providing secondary access at the back or side of a property otherwise
abutting a street.
Private Street: A street that is not accepted for public use or maintenance which provides
vehicular and pedestrian access.
• Eagle City Code Section 8-2-1: Districts Established, Purposes, and Restrictions:
C-1 NEIGHBORHOOD BUSINESS DISTRICT: To permit the establishment of convenience
business uses which tend to meet the daily needs of the residents of an immediate neighborhood
while establishing development standards that prevent adverse effects on residential uses
adjoining a C-1 district. Such districts are typically appropriate for small shopping clusters or
integrated shopping centers located within residential neighborhoods.
• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
Single-Family, Two-Family, and Multi-Family Dwellings are allowed by Conditional Use within
the C-1 (Neighborhood Business District)zoning designation.
Restaurant (with drive-through) is a prohibited use within the C-1 (Neighborhood Business
District)zoning designation.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Width I*
Sq. Ft.)G
And H*
C-1 35' 15' 0' 0' 10' 50% 2,000 25'
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G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
• Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements:
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%)landscape coverage requirement.
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 the ten percent
(10%) landscape coverage requirement.
J. Buffer Area Common Lots:
4. Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways, to protect residential communities from
noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a
common lot located between the residential lots within the subdivision and the right of
way line of the adjacent roadway. This buffer is required as part of the common area
open space owned and maintained by a homeowners' association. Any landscaping
proposed to be within the public right of way shall not be included as a part of the buffer
area required below. The height for berming/fencing, as noted below, shall be measured
from the elevation of the final grade of the adjacent roadway (measured at the centerline)
to the top of the proposed berming/fencing. The required buffer area width,plantings, and
fencing are as follows:
c. Any road designated as a principal arterial on the master street map typologies map
in the Eagle comprehensive plan:
A minimum of seventy five feet (75') wide buffer area (not including right of way)
shall be provided with the following plants per one hundred (100) linear feet of right
of way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental
trees, and twenty four (24) shrubs. Each required shade tree may be substituted with
two (2) flowering/ornamental trees, provided that not more than fifty percent (50%)
of the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
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.
• Eagle City Code Section 8-7-3-3: Public Sites and Open Spaces:
B. Natural Features: Existing natural features which add value to residential development and
enhance the attractiveness of the community(such as trees,watercourses,historic spots and
similar irreplaceable assets) shall be preserved in the design of the development.
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C. Special Developments: In the case of planned unit developments and large scale
developments, the council may require sufficient park or open space facilities of acceptable
size, location and site characteristics that may be suitable for the proposed development
B. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-2-3 (C): Preliminary Plat: Required Information and Data:
3. The following shall be submitted separately:
i. Streets, street names, rights of way and roadway widths, including adjoining streets or
roadways;
m. Any proposed or existing utilities, including,but not limited to, storm and sanitary
sewers, irrigation laterals,ditches,drainages,bridges,culverts,water mains,fire hydrants
and their respective profiles;
• Eagle City Code Section 9-3-2: Streets and Alleys:
9-3-2-1: Location and Design:
Street and road location and design shall conform to the following standards:
B. Minor Streets: Minor streets shall be so arranged as to discourage their use by through traffic.
C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new
subdivisions shall be such that said streets extend to the boundary line of the tract to make
provisions for the future extension of said streets into adjacent areas, and shall have a cul-de-
sac or temporary cul-de-sac. A reserve street may be required and held in public ownership.
E. Public Alleys: Public alleys shall be provided in multiple dwelling or commercial subdivisions
unless other provisions are made for service access and off street loading and parking. Dead
end public alleys shall be prohibited in all cases.
F. Frontage Roads: Where a subdivision abuts or contains an arterial street, it shall be required
that there be frontage roads approximately parallel to and on each side of such arterial street;
or, such other treatment as is necessary for the adequate protection of residential properties
and to separate through traffic from local traffic.
I. Private Streets: Private streets that provide access to no more than ten percent (10%) of the
lots may be permitted within planned unit developments provided that the standards within
section 9-3-2-5 of this chapter are met.
J. Driveways: Driveways which provide access to no more than two (2) lots shall be allowed
within any subdivision provided at least one (1) of the lots has the minimum street frontage
required in section 8-2-4 of this code.
9-3-2-2: Street Widths:
A. Street and road right of way widths, grade, alignment, and so forth, shall conform to the
adopted major street plan or comprehensive plan and shall be approved by the highway
district and/or other agency having jurisdiction.
B. Notwithstanding subsection A of this section, access from a frontage road onto an arterial
street shall be limited to one thousand five hundred feet(1,500')between points.
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9-3-2-5: Private Streets:
Private streets may be permitted, in the discretion of the council, subject to the following:
A. Compliance: Private streets may provide access to any parcel or lot provided the council
determines that the private streets are in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that private
streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks,and parking.
3. The private streets shall provide adequate access for service and emergency vehicles.
4. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel layout.
6. Other than to provide emergency access, the private streets do not connect one public
street to another, thereby encouraging travel through the development served by the
private street; provided, however, that in order to provide secondary access, a private
street may have more than one connection to a public street and/or may be connected to
more than one public street if access thereto is controlled by automatic gates or other
control devices approved by the council.
7. The use or alignment of the private streets does not interfere with the continuity of public
streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets, including provisions for the funding thereof
B. Construction And Design Standards: Private streets shall conform to the following
construction and design requirements:
1. All private street construction shall be in accordance with Ada County highway district's
structural standards for streets including base course and asphaltic concrete mat thickness
utilizing the appropriate traffic index or as may be recommended by the city engineer and
approved by the city council, and shall further be in accordance with Ada County
highway district's intersection design and drainage requirements, or as may be
recommended by the city engineer and approved by the city council.
2. Except as may be otherwise set forth in this section, private streets shall meet such design
and dimensional requirements as the council may determine are appropriate considering
the proposed use and the site upon which the private streets are to be placed,however,all
private streets shall contain paved travel lanes a minimum of twelve feet (12') in width
(except as noted herein) and shall otherwise provide for the safe, convenient, and
effective movement of both vehicular and pedestrian traffic. Vertical curbing shall be
provided for streets that are less than thirty four feet(34') in total width.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including, but not
limited to,designated parking and"no parking" areas, speed,stop,and such other signs as
are required for safe pedestrian and vehicle travel.
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5. All private streets shall, during the progress of construction, be inspected and tested, at
the expense of the owner or developer, by a qualified inspector in order to ensure
compliance with the construction and design standards set forth in this section, the
construction drawings as prepared by the registered professional engineer, and good
engineering and construction practices. Reports of such inspections and tests shall be
submitted, together with a certification of such compliance, for the review and approval
by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public right of
way, or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of
this chapter and subject to the approval of the Eagle fire district and city engineer and
provided further that proper maintenance of the island is provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle
fire district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer,and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared by
a licensed professional engineer in the state in substantial conformance with engineering
and design standards in effect at the time of preparation of the design. Construction
drawings, together with a certification of such conformity, shall be submitted for the
review and approval by the city engineer. No part of this section shall be construed as
allowing a private street that is not in conformance with current engineering and design
standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more restrictive
standard shall prevail, unless specifically determined otherwise by the city council.
C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance
of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost estimate
therefor prepared by a licensed professional engineer in the state, together with a
proposed method for funding the same, including, but not limited to, the creation and
maintenance of a reserve fund for that purpose, shall be submitted with the final plat
application for review and approval by the city engineer and city council.
2. The location of the private street shall be clearly depicted on the face of the plat and notes
shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private
street the perpetual right of ingress and egress over the described private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street cannot be
modified and the homeowners'/property owners' association or other entity cannot be
dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be recorded at
the time of recording the plat which said covenant shall create a homeowners'/property
owners' association or substantially similar entity and make provision for the perpetual
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maintenance of the private street in accordance with the approved plan as provided for in
subsection Cl of this section. Said restrictive covenant shall also provide that the said
covenant shall run with the land and that the said covenant cannot be modified and that
the homeowners'/property owners' association or other entity cannot be dissolved without
the express consent of the city. The said restrictive covenant shall be reviewed and
approved by the city attorney prior to certification and signing of the final plat by the city
engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the entity
responsible for the maintenance of any private street approved in accordance with the
provisions of this section to undertake such repair and maintenance activities as it may
determine is necessary to protect the public health, safety, or welfare and make such
expenditures from the funds reserved therefor as may be required thereby; and the owner
or responsible entity shall, as a condition of approval of any such private street, be
deemed to have agreed to comply with any such order and to reimburse the city all of its
costs, including attorney fees, incurred in obtaining or enforcing any such order. Any
order entered by the council pursuant to this subsection may be enforced by a court of
competent jurisdiction and the city shall be entitled to recover its costs and attorney fees
incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all
applicable components of the comprehensive plan.
E. Waiver: The council may waive or modify any of the standards or requirements of this section
when the private streets have been determined to be an integral element of the overall plan
and scheme of the development or will serve to enhance the overall development; provided,
however,that any such waiver shall not be injurious to public health or safety.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side
lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code Section 9-4-1-5: Streetlights:
All subdividers within the city limits and within the area of city impact shall be required to install,
at the subdividers' expense, streetlights in accordance with city specifications and standards at
locations designated by the administrator (as defined by section 9-1-6 of this title, or his/her
representative, hereinafter referred to as "administrator"). After installation and acceptance by the
administrator, the city have the right to pay the cost of maintenance and power and assume
ownership of the streetlights.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways,the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the residences
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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-five foot(25')wide pedestrian access easement.
F. Sidewalk Design:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or at
the building setback line, is over one hundred feet (100'), sidewalks on only one side of
the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County highway district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb
by a minimum eight foot(8')wide landscape strip. The landscape strip shall be completed
with sod, automatic irrigation, and planted with three inch (3") minimum caliper shade
class trees along all streets within the subdivision. Installation of landscaping shall be in
accordance with section 8-2A-7 of this code. The area within the eight foot (8') wide
landscape strip may be counted toward the minimum required common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line. Minor
variations to the location of a tree may be considered by the design review board during
the review of the subdivision landscape plan.
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required.
• Eagle City Code Section 9-4-1-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for the
protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats shall
show the location of all buffer areas.
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.4 The Commercial area is to be developed with a combination of retail/restaurant/drugstore uses
allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations"
under the C-1 zoning designation (except as limited in Section 3.10, below). Buildings up to a
maximum of 25,000 square feet each are permitted for this area. A conditional use permit shall
be required for all commercial buildings exceeding 15,000 square feet in size with the
exception of the Drugstore with single lane drive up service and Banks/fmancial institutions
(with drive up service)shall not require a conditional use permit.
3.5 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the C-1 District land uses
allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations",
existing at the time a design review application or conditional use permit application
(whichever the case may be) is made for individual building use.
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All uses shown as "P" permitted under the C-1 zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses
and all uses shown as "C" conditional uses under the C-1 zoning designation shall require a
conditional use permit, except that a Drugstore with single lane drive up service,
Banks/financial institutions (with drive up service), and Retail sales (general) located within
buildings less than 15,000 square feet in size shall not require a conditional use permit.
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above,the following uses shall also be prohibited on the Property:
• Adult Business;
• Automotive gas station or fuel islands;
• Automotive washing facility;
• Cemetery;
• Convenience store with fuel service;
• Equipment Rental and Sales Yard;
• Kennel;
• Laundry with drive up service;
• Live entertainment events;
• Nursery,plant materials;
• Personal wireless facilities(height over 35 feet);
• Small Engine Repair;
• Storage(fenced area)
3.6 The Property shall be limited to no more than one (1) access point onto State Highway 44,
subject to the review and approval of the Idaho Transportation Department prior to submitting a
preliminary plat application or issuance of a Zoning Certificate for the construction of
buildings, whichever comes first.
3.7 Provide a 20-foot wide landscape buffer and a CMU fence eight feet (8') in height, (in
conjunction with the existing berm, and vinyl fence) along the entire northern boundary of the
Property. With regard to tree planting only, the buffer area shall be designed in compliance
with ECC Section 8-2A-7(J)(4)(a).
3.12 Upon redevelopment of the site all buildings shall be set back a minimum of thirty feet (30')
from State Highway 44 and Linder Road(not including right-of-way).
3.13 Construct a minimum six-foot (6') wide meandering asphalt pathway along the frontage of the
site adjacent to State Highway 44 (on the north side of the Middleton Mill Canal) prior to the
issuance of any occupancy permits for the site.
3.14 Construct a minimum five-foot (5') wide meandering concrete sidewalk along the frontage of
the site adjacent to Linder Road prior to the issuance of any occupancy permits for the site.
3.15 The hours of operation for businesses located within the development shall be limited to 6:00
AM to 11:00 PM.
D. DISCUSSION(based on the preliminary plat, date stamped by the City on April 9, 2021):
• The proposed development contains a mix of uses (i.e. commercial, residential, and storage).
Based on Eagle City Code in effect at the time of submittal of the application the residential
component of the development could be permitted with the approval of a conditional use permit.
The applicant is proposing the development to be served by private streets and alleys. Pursuant to
Eagle City Code Section 9-3-2-5(A), 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 specific standards identified within Eagle City Code.
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Based on the ACHD approval, date stamped by the City on April 16, 2021, public roads are not
supported within the development due to the fact that the public roads would not meet Highway
District policy offset requirements for local roads intersecting a principal arterial. Also, a Master
Street Map (MSM) road is not designated within the site and it would be difficult to extend the
public road to the east beyond the site because of parcel configurations and irrigation crossings.
Pursuant to Eagle City Code Section 9-3-2-5(E), the City Council may waive or modify any of
the standards or requirements of that section when the private streets have been determined to be
an integral element of the overall plan and scheme of the development. Staff will defer to the
Commission and Council regarding the utilization of private streets within the development.
• The street section shown on page 2 of 5 of the preliminary plat shows the internal streets with 5-
foot wide attached sidewalks. Pursuant to Eagle City Code 9-4-1-6 (F), sidewalks shall be
separated from the edge of the abutting roadway and/or back of curb by a minimum 8-foot wide
landscape strip. Pursuant to Eagle City Code Section 9-3-2-5(E), the City Council may waive or
modify any of the standards or requirements of that section when the private streets have been
determined to be an integral element of the overall plan and scheme of the development. Staff
will defer to the Commission and Council regarding the utilization of attached sidewalks within
the development.
• A portion of the property is currently zoned C-1-DA (Neighborhood Business District with a
development agreement) and the remaining portion when annexed will be rezoned to C-1-DA
(Neighborhood Business District with a development agreement). Pursuant to Eagle City Code
Section 8-2-4, the following setbacks are required within the C-1 (Neighborhood Business
District)zoning designation:
Front 15-feet
Rear 0-feet
Interior Side 0-feet
Street Side 10-feet
Maximum Lot Coverage 50%
The proposed development will have a residential component;therefore, front setbacks associated
with front-load garages and rear setbacks will need to be addressed.
The preliminary plat shows the sidewalk encroaching 4-feet into the properties on Lots 2-15,
Block 1. The preliminary plat also shows the proposed front-load garages are located 25-feet
from the back-of-sidewalk, as required pursuant to Eagle City Code. To achieve the required
setback associated with the front-load garages the front setback should be 29-feet from the
property line to the garage. The preliminary plat shows the garages on Lots 20-25, 28-33, and 36-
38, Lots 65-70, Block 1, are located approximately 15-feet from the alley. As designed, if a car
were parked in front of the garage the rear of the vehicle would encroach a minimum of 4-feet
into the alley area. Since the garage areas are abutting an alley a maximum setback of 5-feet
should be required for the garage area located adjacent to an alley to discourage parking in front
of the garage. The remaining setbacks should be in conformance with the setbacks associated
with the C-1 (Neighborhood Business District)pursuant to Eagle City Code Section 8-2-4.
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Based on the residential component and commercial component of the proposed subdivision the
setbacks should be as follows:
Residential(Lots 2-15,Block 1 [Front Loadl)
Front Living 15-feet
Garage 29-feet
Rear 12-feet
Interior Side(common walls) 0-feet
Exterior Side 5-feet
Maximum Coverage 50%
Residential(Lots 20-25,28-33,and 36-38,Lots 56-61,and Lots 65-70,Block 1 [Alley Loadl)
Front 15-feet
Rear Living 10-feet
Garage 5-feet(Maximum)
Interior Side(common walls) 0-feet
Exterior Side 5-feet
Maximum Coverage 50%
Commercial(Lots 40,41,and 45-52)
Front 15-feet
Rear 0-feet
Side 0-feet
Street Side 10-feet
Maximum Coverage 50%
• Plat note #5 of the preliminary plat states, "This development is subject to covenants, conditions,
restrictions, and easements (Instrument No. ). The restrictive covenants for
maintenance of the private road cannot be modified and the homeowners association cannot be
dissolved with the express consent of the City of Eagle."
The section of the plat note regarding the maintenance of the private road and the homeowners
association is addressed within plat note #11; therefore, the second sentence of plat note #5
should be removed. The applicant should provide a revised preliminary plat with plat note #5
revised to state, "This development is subject to covenants, conditions, restrictions, and
easements (Instrument No. )." The revised preliminary plat should be provided prior
to submittal of final development plan and fmal plat applications.
• Plat note #6 of the preliminary plat states, "Direct lot access from collectors & arterials is
prohibited unless approved by the Ada County Highway District and the City of Eagle."
The site is bordered by State Highway 44 to the south and North Linder Road to the west. Both
roads are classified as principal arterials. The applicant should be required to provide a revised
preliminary plat with plat note #6 revised to state, "Direct lot access from State Highway 44 and
North Linder Road is prohibited unless approved by the Idaho Transportation Department and/or
the Ada County Highway District and the City of Eagle." The revised preliminary plat should be
provided prior to submittal of final development plan and final plat applications.
• Plat note#7 of the preliminary plat states, "Each owner within the subdivision that is to served by
the private driveway is conveyed the perpetual right to ingress and egress over the described
private driveway, that such perpetual easement shall run with the land, and that the restrictive
covenant for maintenance of the private driveway cannot be modified and the
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homeowners/property owners' association or other entity cannot be dissolved without the express
consent of the city."
The plat note does not address the specific lots associated with the driveways/alleys. Also,
pursuant to Eagle City Code Section 9-3-2-1(J), driveways which provide access to more than
two (2) lots is prohibited. As shown on the preliminary plat the driveway/alley (as identified in
plat note #10) Lots 26 and 34, Block 1, provide access to six (6) residential lots. The
driveway/alley (as identified in plat note #10) Lot 18, Block 1, provides access to three (3)
residential lots. The applicant should be required to provide a revised preliminary plat with plat
note #7 removed. The revised preliminary plat should be provided prior to submittal of fmal
development plan and final plat applications.
• Plat note #9 of the preliminary plat states, "Lots 1, 16, 17, 19, 27, 35, 42, 43, 44, 53, 54, 55, 62,
64, and 71, Block 1, are common lots with a blanket utility easement for drainage, utilities,
ingress/egress, landscape, and irrigation and will be maintained by the Route 44 Crossing
Owner's Association."
The plat note references ingress/egress, however, the only referenced common lot which will
have vehicular access is Lot 54, Block 1, which contains parking spaces associated with the
live/work units located on the east side of B Street. Also, the plat note references landscape. It is
assumed by the reader the reference to landscape is regarding the landscaping located within the
common lots of the development. The plat note should be revised to change landscape to
landscaping so it is understood that the Route 44 Crossing Owner's Association is responsible for
the maintenance of the landscaping located within the common lots. The applicant should provide
a revised preliminary plat with plat note#9 revised to state, "Lots 1, 16, 17, 19,27, 35,42,43,44,
53, 54, 55, 62, 64, and 71, Block 1, are common lots with a blanket utility easement for drainage,
utilities, landscaping, and irrigation and will be maintained by the Route 44 Crossing Owner's
Association. Lot 54, Block 1, shall allow for ingress/egress to allow for parking." The revised
preliminary plat should be provided prior to submittal of fmal development plan and fmal plat
applications.
• Plat note #10 of the preliminary plat states, "Lots 18, 26, 34, and 63, Block 1 are driveway/alley
lots with a blanket utility easement for drainage, utilities, ingress/egress, landscape, and irrigation
and will be maintained by the Route 44 Crossing owner's association."
As previously identified, providing access to more than two (2) lots with a single driveway is
prohibited. Also, based on plat note #11 of the preliminary plat identifies that Lot 39, Block 1,
has a blanket public utility, drainage, and irrigation easement. Lot 39, Block 1, should be
referenced within plat note #10 which will allow for the blanket public utility, drainage, and
irrigation easements contained within the ingress/egress lots to be referenced within one plat note.
The applicant should be required to provide a revised preliminary plat with plat note #10 revised
to state, "Lots 18, 26, 34, 39, and 63, Block 1 are private street/alley lots which have a blanket
public utility drainage, irrigation, and landscape easement." The revised preliminary plat should
be provided prior to submittal of final development plan and fmal plat applications.
• Plat note#11 of the preliminary plat states, "Lot 39,Block 1, is a private street which shall have a
blanket public utility, drainage, and irrigation easement, the residential lots located adjacent to
Lot 39,Block 1, shall have:
A) Non-exclusive perpetual right of ingress and egress easement over said lot,
B) The easement shall run with the land
C) The homeowners association shall be responsible for the operation and maintenance of the
private street, and
D) The restrictive covenant for operation and maintenance of the private street cannot be
dissolved or modified without the express consent of the City of Eagle."
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As conditioned herein, plat note #10 will only address the required easements and removes the
responsibility of maintenance of said lots, plat note #11 should be modified to include the alley
lots regarding ingress/egress, operation and maintenance, and the restrictive covenant associated
with the operation and maintenance. The applicant should be required to provide a revised
preliminary plat with plat note#11 revised to state as follows:
The residential lots located adjacent to Lots 18, 26, 34, 39, and 63, Block 1 shall be subject to the
following:
A) Non-exclusive perpetual right of ingress and egress easement over said lots,
B) The easement shall run with the land
C) The homeowners association shall be responsible for the operation and maintenance of
the private street/alleys, and
D) The restrictive covenant for operation and maintenance of the private street/alleys cannot
be dissolved or modified without the express consent of the City of Eagle."
The revised preliminary plat should be provided prior to submittal of fmal development plan and
fmal plat applications.
• Plat note#13 of the preliminary plat states, "All lots are hereby designated as having a permanent
easement for public utilities, irrigation, and lot drainage over the 12-feet adjacent to any public
street. The easement shall not preclude the construction of hard-surface driveways, walkways,
landscape, parking, fencing, or other such non-permanent structures. PUID easement is required
where shared units exist due to 0' setback lot line."
Since the applicant is proposing private streets, alleys, and driveways within the development it is
unknown why the note does not reference the private streets. Also, as noted within the
preliminary plat the private streets, alleys, and driveways will have a blanket public utility,
drainage, and irrigation easement. Also, based on the setbacks it may not be possible to allocate a
12-foot-wide easement. The applicant should be required to provide a revised preliminary plat
with plat note #13 revised to state, "All lots are hereby designated as having a permanent
easement for public utilities, irrigation, and lot drainage over the 12-feet adjacent to any public or
private street. The easement shall not preclude the construction of hard-surface driveways,
walkways, landscape, parking, fencing, or other such non-permanent structures." The revised
preliminary plat should be provided prior to submittal of fmal development plan and final plat
applications.
• Plat note #14 of the preliminary plat states, "Unless otherwise shown and dimensioned, all lots
are hereby designated as having a permanent easement for public utilities, irrigation, and lot
drainage over the 0-feet adjacent to any interior side lot line, and over the 12-feet adjacent to any
rear lot line or subdivision boundary."
Based on the recommended rear setbacks, there will be some instances where the rear setback
may be 10-feet in width. Since the interior lot lines will have a 0-foot setback to allow for
attached units the reference to the interior side lot line easement should be removed. The
applicant should be required to provide a revised preliminary plat with plat note#14 be revised to
state, "Unless otherwise shown and dimensioned, all lots are hereby designated as having a
permanent easement for public utilities, irrigation, and lot drainage over 10-feet adjacent to any
rear lot line and 12-feet adjacent to the subdivision boundary." The revised preliminary plat
should be provided prior to submittal of fmal development plan and fmal plat applications.
• Plat note #18 of the preliminary plat states, "All on site landscaping will be maintained by the
home owner's association and irrigated via the site's proposed pump station which utilizes
Middleton Mill Ditch Company surface water rights."
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It is unknown if the plat note is referencing the yards associated with the residences and open
areas associated with the commercial lots, or if the note is referencing the common lots. Plat note
#9 addresses the landscaping within the common lots. In conversation with the applicant, it was
indicated the landscaping and irrigation referenced is associated with the yards and the common
lots. Since plat note #9 addressed the common lots plat note #18 should be revised to provide
clarification regarding the landscaping and irrigation located outside of the common lots. The
applicant should provide a revised preliminary plat with plat note#18 revised to state,"All on site
landscaping located outside of the common lots will be maintained by the home owner's
association and irrigated via the site's proposed pump station which utilizes Middleton Mill Ditch
Company surface water rights." The revised preliminary plat should be provided prior to
submittal of final development plan and final plat applications.
• Plat note #19 of the preliminary plat states, "For traditional storage building dimensions see
architects plan."
Since the plat note only references the storage building dimensions and does not address any
elements of the preliminary plat the plat note should be removed. The applicant should be
required to provide a revised preliminary plat with plat note #19 referencing the storage building
dimensions removed. The revised preliminary plat should be provided prior to submittal of final
development plan and final plat applications.
• The preliminary plat shows the commercial lots (Lots 45-52, Block 1) are all accessed from two
(2) driveway approaches connected to "C" Street. Visitors patronizing the businesses located
within the eight (8) commercial lots may need to cross property lines to access the respective
businesses. Also, shared parking may be needed to allow for specific business uses within the
subdivision. The preliminary plat also shows a fire department turnaround and parking area which
straddles the interior lot lines between Lots 45, 46, and 47, Block 1. The applicant should be
required to provide a component to the CC&Rs which addresses pedestrian and vehicular cross
access and also shared parking associated with the commercial lots. The applicant should be
required to provide a reciprocal cross-access for vehicular and pedestrian ingress and egress and
shared parking agreement associated with the commercial parcels located adjacent to State
Highway 44. The reciprocal cross-access for vehicular and pedestrian ingress and egress and
shared parking agreement should be reviewed and approved by the City prior to execution and
should be recorded and referenced on the fmal plat as a new plat note prior to the City Clerk
signing the final plat.
• The preliminary plat shows F Street providing access to the adjacent property located north of the
proposed subdivision which will provide interconnectivity within the area. Page 2 of 5 of the
preliminary plat shows the street section consisting of two (2) 10-foot wide travel lanes with
vertical curbing located on each side of the street. Pursuant to Eagle City Code section 9-3-2-
5(B)(2), 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 and shall otherwise provide for the safe, convenient, and effective movement
of both vehicular and pedestrian traffic. The applicant should be required to provide a revised
preliminary plat showing the street section associated with "F" Street to have travel lanes (not
inclusive of the curb and gutter) which are a minimum of 12-feet in width. The revised
preliminary plat should be provided prior to submittal of final development plan and final plat
applications.
• The preliminary plat shows overhead power located approximately 220-feet from the eastern
property line. All overhead power serving the site internally should be removed prior to the City
Clerk signing the final plat or issuance of the first building permit,whichever occurs first.
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• The preliminary plat shows the locations of the proposed streetlights located within the
subdivision. The preliminary plat does not show a streetlight located at the intersection of"E"
Street and "F" Street. The applicant should be required to provide a revised preliminary plat
which shows a streetlight located at the intersection of"E" Street and "F" Street. The revised
preliminary plat should be provided prior to submittal of final development plan and final plat
applications.
• The preliminary plat does not show pedestrian access to Lots 20-25 and Lots 28-33, Block 1.
Although "C" Street has an attached sidewalk located on the north side of the street the sidewalk
is not extended to provide access to the individual residential lots. The applicant should be
required to provide a revised preliminary plat showing an attached 5-foot-wide sidewalk located
on each side of the alley lots (Lots 18, 26, and 34, Block 1) (if attached sidewalks are approved
by the Council). The revised preliminary plat should be provided prior to submittal of final
development plan and final plat applications.
• This application has a conditional use permit associated with the planned unit development.
Pursuant to Idaho Code 67-6512 (d)and Eagle City Code Section 8-7-3-5(D)(6)upon granting of
a conditional use permit, conditions may be attached to said permit which may include requiring
provisions for on-site and off-site public facilities or services. The Idaho Transportation
Department (ITD) provided correspondence, date stamped by the City on April 13, 2020, which
indicated that ITD has reviewed traffic impact study. The letter referenced the applicant's
willingness to participate in a proportionate share contribution towards a continuous flow
intersection at SH-44/Linder Road. The applicant should be required to provide a copy of the
executed Idaho Transportation Department Traffic Mitigation Agreement to the City prior to the
City Clerk signing the first final plat or prior to issuance of a building permit, whichever occurs
first.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications came before the Planning and Zoning Commission for their
consideration on July 19, 2021, at which time public testimony was taken. The applications were
continued to September 7, 2021, at which time public testimony was taken and the public hearing was
closed. The Commission made their recommendation at that time.
B. Oral testimony in opposition to the applications was presented to the Planning and Zoning
Commission by eleven (11) individuals at the July 19, 2021, public hearing. They were opposed to
the proposed rezone for the following reasons:
• The proposed two-story units will infringe on the privacy of the adjacent residential
neighborhood. The applicant should be restricted to single-story professional office uses.
• The applicant has not communicated well with Sedona Creek Subdivision homeowner's
association to address their concerns regarding the proposed development.
• The proposed high-density residential will have a negative impact on the schools and traffic
within the immediate area.
• The proposed high-density subdivision will have a negative impact on the State Highway
44/Linder Road intersection since it is already congested. Also, the high-density housing will not
transition well with the adjacent residential subdivision.
• The proposed development may have negative impacts to the values of the adjacent homes.
• The rezone should not be approved to allow for residential units within the development.
• The property should be developed based on the comprehensive plan and the existing executed
development agreement.
• It is difficult for vehicles to exit onto North Linder Road from Sedona Creek Subdivision and if
this development is approved it will compound the problem.
• There should not be a connection across the Middleton Mill Canal from the proposed
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development to the Rick's property located north of the development.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission byo
one (1) individual at the September 7, 2021, public hearing. They were in favor of the proposed
rezone since the applicant has worked with the Sedona Creek Subdivision homeowner's association
to reach an agreement which is beneficial to both parties. The individual requested that the terms of
the agreement be included within the conditions of approval associated with the subdivision.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by six(6)individuals who indicated the following:
• Supportive of low-key commercial development such as office uses.
• Concerned with the proposed setbacks associated with the proposed units located adjacent to
Sedona Creek Subdivision.
• Supportive of the proposed storage units.
• A concern with the future pathways located along the canals.
• They do not support the road connection to the Rick's property located across the Middleton Mill
Canal to the north.
• A concern of what may be built if the applicant does not construct the project as proposed.
• The two-story dwelling units located adjacent to Sedona Creek Subdivision should have an
increased setback for the second story.
• The required buffer fencing located adjacent to Sedona Creek Subdivision should be installed
prior to issuance of the first building permit.
COMMISSION DELIBERATION(Granicus time 58:00):
• The existing executed development agreement associated with the property only allows for
commercial uses within the property. As proposed with a majority of the property containing a
residential component and storage,the development will have less impact on the adjacent properties.
• The two and three story live/work units and residential dwelling units located adjacent to Sedona
Creek Subdivision will have an impact on the adjacent neighborhood.
• The required setbacks on the lots located adjacent to Sedona Creek Subdivision should be increased
to reduce the impact to the residents residing with Sedona Creek Subdivision.
• The applicant should be required to provide trees along the shared property line with Sedona Creek
Subdivision to provide additional buffering.
• The required fence located between Sedona Creek Subdivision and the subject property should be
constructed prior to issuance of the first building permit.
• The applicant should be required to place street trees located behind the sidewalk at the corner of the
lot.
• The live/work units should not contain any retail uses.
• The Commission supports the terms of the agreement that were agreed upon by the applicant and the
Sedona Creek Subdivision homeowner's association.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT AND DEVELOPMENT AGREEMENT MODIFIFICATION:
The Commission voted 4 to 0 (McCauley absent) to recommend approval of A-05-19 and RZ-11-19 for
an annexation and rezone from R1 and C2(Estate Residential and Community Commercial—Ada County
designations) to C-1-DA-P (Neighborhood Business District with a development agreement—PUD), and
RZ-06-04 MOD4 for a rezone (with a development agreement modification) from C-1-DA
(Neighborhood Business District with a development agreement) to C-1-DA-P (Neighborhood Business
District with a development agreement— PUD), with the following staff recommended conditions to be
placed within a development agreement with underline text to be added by the Commission:
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3.1 The maximum number of residential units within the Property shall not exceed 41-dwelling units.
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 C)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, at its sole discretion, determines that any such changes require additional
public comment due to potential impacts on surrounding property or the community, a public
hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may
be required by the City.
3.4 The Property as depicted on the Concept Plan is to be developed with a combination of
retail/office/storage/live-work and residential uses allowed within Eagle City Code Section 8-2-3
"Official Schedule of District Regulations" under the C-1 zoning designation (except as limited in
Section 3.6, below). Buildings shall not exceed 16,000-square feet in size, however, one(1) storage
building of up to a maximum of 70,000 square feet is permitted for this area.
3.5 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Neighborhood Business
District land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations", existing at the time a design review application or conditional use permit application
(whichever the case may be)is made for individual building use.
All uses shown as "P" permitted under the C-1 zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the C-1 zoning designation shall require a conditional use
permit.
The following uses which are shown as "C" conditional uses under the C-1 zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be
permitted uses on the Property:
• Banks/Financial Institutions(with drive-up service)
• Dwelling,Multi-Family (Single-family attached)
• Dwelling, Single-Family
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property:
• Adult business;
• Automotive gas station or fuel islands;
• Automotive washing facility;
• Cemetery;
• Convenience store with fuel service;
• Equipment rental and sales yard;
• Kennel;
• Laundry with drive up service;
• Live entertainment events;
• Nursery,plant materials;
• Personal wireless facilities(height over 35 feet);
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• Small engine repair;
• Storage(fenced area)
In addition, and in accordance with Eagle City Code Section 8-6-4, Uses Permitted, which allows
up to ten percent(10%)of the gross land area may be directed to other commercial uses that are not
allowed with the land use district, a Restaurant (with drive-through) use shall be permitted on one
(1) lot within the Property.
3.5.1 If a building with a drive-through use is approved, Owner shall provide a minimum forty-
eight inch (48") buffer (berm, decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall) between the drive-thru lanes and the adjacent roadway to
reduce the impact of the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights and
vehicle cueing).
3.6 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, private streets, private alleys, parking
lots, fencing, and amenities. The owner shall provide an operation and maintenance manual
including the funding mechanism as an addendum to the CC&Rs. 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 express
consent of the City.
(b) Reciprocal cross-access for vehicular and pedestrian ingress and egress and shared parking
associated with the commercial parcels located adjacent to State Highway 44.
(c) A requirement for all fencing to be installed as shown on the Fencing Concept Plan (Exhibit
D). All other fencing(i.e. dog-eared cedar fencing,vinyl, chainlink)shall be prohibited.
(d) 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.
fie,) The business owner associated with the live/work units shall reside within the residential unit
where the business is located.
(0 An owner/occupy clause for the residential units. (The language shall be drafted and reviewed
and approved by the Sedona Creek Subdivision homeowner's association prior to submittal
of a final development plan/final plat application.
3.7 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to
the City Clerk signing the final plat. Prior to issuance of any building permits, Owner shall provide
correspondence from Eagle Sewer District indicating proof of central sewer service to the proposed
residential and commercial uses.
3.8 The applicant shall submit a design review application showing at a minimum: 1) proposed
development signage, 2)planting details within the proposed and required landscape islands and all
common areas throughout the development, 3) landscape screening details and buffering for the
residential area located adjacent to North Linder Road 4) elevation plans for all proposed common
area structures and irrigation pump house (if proposed), 5) landscape screening details of the
irrigation pump house (if proposed), and 6) useable amenities such as picnic tables, covered
shelters, benches, gazebos, and/or similar amenities. The design review application shall be
reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the
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submittal of the first fmal plat or prior to the issuance of a building permit application, whichever
comes first.
3.9 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted
architecture styles are specifically those shown within the Eagle Architecture and Site Design Book
(EASD Book). Architecture styles and building design elements that are not shown with the EASD
Book will not be permitted.
3.10 All living trees shall be preserved unless otherwise determined by the City Council. A detailed
landscape plan showing how the trees will be integrated into the open space areas (unless approved
for removal by the City Council) shall be provided prior to the submittal of a fmal plat.
Construction fencing shall be installed to protect all trees that are to be preserved, prior to the
commencement of any construction on the site,
3.11 Owner shall comply with all pathway requirements as identified in Exhibit "E" provided within the
PPRC recommendation memorandum dated, June 2, 2021. All pathways shall be constructed prior
to the City Clerk signing the first fmal plat.
3.12 The Property shall be limited to no more than one (1) access point onto State Highway 44. The
access point shall not exceed right-in, right out ingress/egress, and shall be subject to the review
and approval of the Idaho Transportation Department prior to the issuance of a Zoning Certificate
for the construction of buildings.
3.13 Access to the Property from North Linder Road and the functionality of that access shall be
reviewed and approved by Ada County Highway District prior to submittal of final development
plan and fmal plat applications.
3.14 Prior to the issuance of any building permits a final plat (associated with the location of the
proposed building)shall be recorded at the Ada County Recorder's office.
3.15 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Commission voted 4 to 0 (McCauley absent)to recommend approval of CU-10-19/PPUD-07-19/PP-
07-19 for Route 44 Crossing Subdivision (Exhibit "A") for Jay Walker, with the following staff
recommended site specific conditions of approval and standard conditions of approval with underline text
to be added by the Commission and strike through text to be deleted by the Commission as follows:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-06-04
MOD4 and RZ-11-19.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an
invoice by the City,whichever occurs first.
4. Add a note to the final plat which states that, "Minimum building setback lines shall be in
accordance with the applicable zoning and subdivision regulations at the time of issuance of a
building permit or as specifically approved and/or required."
5. The required setbacks shall be as follows:
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Residential(Lots 2 1 c Block , I Crona >< oad i
Front Living 15-feet
Garage 29-feet(Front Load)
Rear(Lots 13-15) 12-feet
Rear(Lots 2-12) 22-feet(2nd story 39-feet)
Interior Side(common walls) 0-feet
Exterior Side 5-feet
Maximum Coverage 50%
Residential(Lots 20-25, 28-33, and 36-38, Lots 56-61, and Lots 65-70, Block 1 ►Alle), Load►)
Front 15-feet
Rear Living 10-feet
Garage 5-feet(Maximum)
Interior Side(common walls) 0-feet
Exterior Side 5-feet
Maximum Coverage 50%
The live/work units on Lots 36-38, Block 1, shall be limited to two-story. There will be no side
windows on the second floor. The second story of the residential units located on Lots 2-12, 22, 23,
30, and 33,Block 1,shall be limited to high transom windows only.
Commercial(Lots 40,41,and 45-52)
Front 15-feet
Rear 0-feet
Side 0-feet
Street Side 10-feet
Maximum Coverage 50%
6. Provide a revised preliminary plat with plat note#5 revised to state,"This development is subject to
covenants, conditions, restrictions, and easements (Instrument No. )." The revised
preliminary plat shall be provided prior to submittal of fmal development plan and final plat
applications.
7. Provide a revised preliminary plat with plat note #6 revised to state, "Direct lot access from State
Highway 44 and North Linder Road is prohibited unless approved by the Idaho Transportation
Department and/or Ada County Highway District and the City of Eagle." The revised preliminary
plat shall be provided prior to submittal of final development plan and final plat applications.
8. Provide a revised preliminary plat with plat note#7 removed. The revised preliminary plat shall be
provided prior to submittal of final development plan and final plat applications.
9. Provide a revised preliminary plat with plat note#9 revised to state, "Lots 1, 16, 17, 19, 27, 35, 42,
43, 44, 53, 54, 55, 62, 64, and 71, Block 1, are common lots with a blanket utility easement for
drainage, utilities, landscaping, and irrigation and will be maintained by the Route 44 Crossing
Owner's Association. Lot 54, Block 1, shall allow for ingress/egress to allow for parking." The
revised preliminary plat shall be provided prior to submittal of final development plan and final plat
applications.
10. Provide a revised preliminary plat with plat note #10 revised to state, "Lots 18, 26, 34, 39, and 63,
Block 1 are private street/alley lots which have a blanket public utility drainage, irrigation, and
landscape easement." The revised preliminary plat shall be provided prior to submittal of final
development plan and final plat applications.
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11. Provide a revised preliminary plat with plat note#11 revised to state as follows:
The residential lots located adjacent to Lots 18, 26, 34, 39, and 63, Block 1 shall be subject to the
following:
A) Non-exclusive perpetual right of ingress and egress easement over said lots,
B) The easement shall run with the land
C) The homeowners association shall be responsible for the operation and maintenance of the
private street/alleys, and
D) The restrictive covenant for operation and maintenance of the private street/alleys cannot be
dissolved or modified without the express consent of the City of Eagle."
The revised preliminary plat shall be provided prior to submittal of final development plan and final
plat applications.
12. Provide a revised preliminary plat with plat note #13 revised to state, "All lots are hereby
designated as having a permanent easement for public utilities, irrigation, and lot drainage over the
12-feet adjacent to any public or private street. The easement shall not preclude the construction of
hard-surface driveways, walkways, landscape, parking, fencing, or other such non-permanent
structures." The revised preliminary plat shall be provided prior to submittal of final development
plan and final plat applications.
13. Provide a revised preliminary plat with plat note #14 be revised to state, "Unless otherwise shown
and dimensioned, all lots are hereby designated as having a permanent easement for public utilities,
irrigation, and lot drainage over 10-feet adjacent to any rear lot line and 12-feet adjacent to the
subdivision boundary." The revised preliminary plat shall be provided prior to submittal of fmal
development plan and fmal plat applications.
14. Provide a revised preliminary plat with plat note #18 revised to state, "All on site landscaping
located outside of the common lots will be maintained by the homeowner's association and
irrigated via the site's proposed pump station which utilizes Middleton Mill Ditch Company surface
water rights."The revised preliminary plat shall be provided prior to submittal of final development
plan and final plat applications.
15. Provide a revised preliminary plat with plat note #19 referencing the storage building dimensions
removed. The revised preliminary plat shall be provided prior to submittal of fmal development
plan and final plat applications.
16. Provide a revised preliminary plat showing the street section associated with F Street to have travel
lanes (not inclusive of the curb and gutter) which are a minimum of 12-feet in width. The revised
preliminary plat shall be provided prior to submittal of final development plan and fmal plat
applications.
17. All overhead power serving the site internally shall be removed prior to the City Clerk signing the
fmal plat or issuance of the first building permit,whichever occurs first.
18. Provide a revised preliminary plat which shows a streetlight located at the intersection of"E" Street
and "F" Street. The revised preliminary plat shall be provided prior to submittal of fmal
development plan and final plat applications.
19. Provide a revised preliminary plat showing an attached 5-foot-wide sidewalk located on each side
of the alley lots (Lots 18, 26, and 34, Block 1). The revised preliminary plat shall be provided prior
to submittal of fmal development plan and fmal plat applications.
20. Provide a reciprocal cross-access for vehicular and pedestrian ingress and egress and shared parking
agreement associated with the commercial parcels located adjacent to State Highway 44. The
reciprocal cross-access for vehicular and pedestrian ingress and egress and shared parking
agreement shall be reviewed and approved by the City prior to execution and shall be recorded and
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referenced on the fmal plat as a new plat note prior to the City Clerk signing the final plat.
21. Provide a copy of the executed Idaho Transportation Department Traffic Mitigation Agreement to
the City prior to the City Clerk signing the first final plat or prior to issuance of a building permit,
whichever occurs first.
22. 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. Any and all drainage swales and/or seepage beds shall be placed so as to not
interfere with the required placement of street trees. Prior to the City Clerk signing the fmal plat the
applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of
credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees
shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy
may be issued if weather does not permit landscaping. Partial reduction of the surety may be
permitted for any portion of the development that is completed, including street trees that have been
installed. On-going surety for street trees for all undeveloped portions of the development will be
required through project completion.
23. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting the Property prior to the City Clerk signing the final plat.
24. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in ECC Section 8-2A-7 (J).
25. The Route 44 Crossing Subdivision shall remain under the control of one Homeowners
Association.
26. The applicant shall place a note on the final plat that the pressurized irrigation system and all
common lots are to be owned and maintained by the Homeowner's Association.
27. 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.
28. The applicant shall replace the existing vinyl fence (located along the shared property line with
Sedona Creek Subdivision) with a 6-foot-high composite fence. The color and style of fencing shall
be reviewed and approved by the Design Review Board and City Council prior to installation. The
composite fence shall be constructed during Phase 1 of the development prior to the City Clerk
signing the fmal plat or prior to the issuance of the first building permit,whichever occurs first.
29. The applicant shall add landscaping consisting of shrubs and a minimum of 4-inch caliper trees
along the common border shared between Route 44 Crossing Subdivision and Sedona Creek
Subdivision. The applicant shall work with the Sedona Creek Subdivision homeowner's association
to review and approve the landscape plan prior to submittal of the design review application.
30. The applicant shall utilize a dark sky style of lighting for all exterior lighting located within the
subdivision. The lighting shall be reviewed and approved by the Design Review Board and City
Council prior to installation.
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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.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the fmal 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.
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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.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the street
lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association,whichever the case may be.
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 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.
15. 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.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the fmal plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle
Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and
1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be
inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by
the Eagle Fire Department prior to issuance of any building permits.
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d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
17. 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.
18. 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.
19. 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
fmal plat.
20. 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 Parks and Parks, Pathways, and Recreation
Commission for a path or walkway shall be approved in writing by the Eagle City Parks, Pathways,
and Recreation Commission prior to approval of the final plat by the City Council.
21. 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 fmal plat by the City
Council.
22. 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".
23. 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.
24. The development shall comply with the Boise River Plan(if applicable) in effect at the time of City
Council consideration of the fmal plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. 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.
27. Basements in homes in the floodplain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
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29. 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.
30. 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 fmal plat has received the approval of the City Council (ECC
9-6-5 (A)(2)).
After Council approval of the fmal plat, the applicant may construct any approved improvements
before the City Engineer signs the fmal 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.
31. 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.
32. 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.
33. 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.
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 fmal 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.
37. Owner shall provide a"Heavy Truck Traffic Plan"to be followed by any vehicle or equipment over
8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck
traffic routes shall maximize use of highways and major arterials while minimizing use of smaller
residential streets. The plan will also cite that compression braking is prohibited everywhere in
Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and
for monitoring compliance.
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CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-05-19/RZ-11-19) and rezone with a development agreement modification (RZ-06-04
MOD4) 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 upon annexation and rezone
with a development agreement modification are in accordance with the City of Eagle Comprehensive
Plan and established goals and objectives because:
a. The requested zoning designation of C-1-DA-P (Neighborhood Business District with a
development agreement— PUD) is consistent with the Commercial and Mixed Use designations
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 C-1-DA-P(Neighborhood Business District with a development agreement—PUD)
zoning district is compatible with the R-2-DA (Residential with a development agreement) and
RUT (Rural-Urban Transition— Ada County designation) zones and land uses to the north. The
applicant is required herein to provide composite fencing and additional landscaping providing a
buffer to the area developed with a residential subdivision (Sedona Creek Estates Subdivision).
The area currently zoned RUT (Rural-Urban Transition — Ada County designation) may be
developed in a similar manner as the proposed use;
d. The proposed C-1-DA-P(Neighborhood Business District with a development agreement—PUD)
zoning district is compatible with the RUT (Rural-Urban Transition — Ada County designation)
zone and land use to the south since that area may be developed in a similar manner and is
separated from the subject property by a state highway;
e. The proposed C-1-DA-P(Neighborhood Business District with a development agreement—PUD)
zoning district is compatible with the R1 and C2(Estate Residential and Community Commercial
— Ada County designations) zones and land uses to the east since that area is developed with a
convenience store/restaurant with fuel center and parking;
f. The proposed C-1-DA-P(Neighborhood Business District with a development agreement—PUD)
zoning district is compatible with the RUT (Rural-Urban Transition — Ada County designation)
and MU-DA-P(Mixed Use with development agreement—PUD) zones and land uses to the west
since those properties are developed with a church and a multi-family residential subdivision. The
properties to the west are separated from the subject property by North Linder Road;
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 based on the conditions
contained herein.
2. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit, preliminary development plan, and preliminary plat (CU-10-19/PPUD-07-19/PP-07-19) and
based upon the information provided concludes that the proposed development is in accordance with
the City of Eagle Comprehensive Plan and established goals and objectives because:
a. That the proposed 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.
The subdivision will contain an active balanced community with public walking paths, open
space, and recreational spaces that promote a high quality of life. The subdivision will offer a
variety of housing which includes single-family townhomes and live/work units. The commercial
component of the subdivision will provide employment opportunities, services, recreation,
professional office space, neighborhood retail, restaurants, climate controlled and traditional
storage; and
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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.
The applicant is requesting a rezone with development agreement and development agreement
modification to allow for a residential component, commercial uses, and storage facility to be
located within a site which was previously approved with only commercial uses. The design of
the proposed development will allow for the residential component to provide a buffer to the
existing adjacent residential neighborhood while still providing commercial uses within the site.
The subdivision will be maintained by a professing managed homeowner's association and
commercial owner's association. All green space including the homes will be maintained by the
respective associations; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
Route 44 Crossing Subdivision is designed to conform to the design guidelines identified within
the Park Lane Planning Area contained within the comprehensive plan. The amenities are
designed to complement the surrounding communities and will be reviewed and approved
through the city's design review process;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 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. Route 44 Crossing Subdivision will be
served by State Highway 44(principal arterial) and North Linder Road(principal arterial), and an
internal private street network located within the development; and
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
All central services are available to be extended to the site, 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. The applicant will be
contributing $142,000.00 into a road trust held on behalf of the Idaho Transportation Department
or constructing improvements to the state highway system to mitigate the impact to the state
highway system. At buildout, the development will generate approximately $357,667.00 in tax
revenue annually to the respective taxing entities; and
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time
of installation and before acceptance by the Eagle Sewer District, Suez Water of Idaho, Ada
County Highway District, or the Idaho Transportation Department; and
g. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
The development will contain 16.2% (based on the residential area) of dedicated open space
consisting of a small park area with a shelter,picnic tables, and a park bench. The remaining open
space areas are inclusive of pathways and buffer area along North Linder Road; and
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h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
The development will include stub streets to the adjacent parcels to the north to provide
interconnectivity between North Park Lane and North Linder Road. Access to the development
will be from State Highway 44 and North Linder Road. The design and construction of the
entrances is guided by the Ada County Highway District and the Idaho Transportation
Department; and
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
No natural, scenic,or historic features of major importance are known to exist on the site;and
j. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The development is designed to follow the objectives of the Park Lane Planning Area contained
within the comprehensive plan; 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.
This application requests approval for an annexation with rezone, development agreement
modification, conditional use permit, preliminary development plan, and preliminary plat as
outlined in Eagle City Code and satisfies those requirements as well as will be required to meet
the conditions herein and the executed development agreement associated with the site. In
addition, the developer will be required to submit an application for design review and comply
with all Eagle City Codes and conditions of approval of the design review;and
1. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
The development provides a mix of commercial and single-family attached residential uses. The
commercial portion of the development will provide employment opportunities and access to
restaurants, shops, and services for the residents of the development and the surrounding area. A
portion of the single-family residential units are designed as live/work units. The proposed
deviations from any standard district regulations will be permitted through a development
agreement. The applicant is required to submit design review applications for the subdivision and
commercial buildings to be reviewed and approved by the Design Review Board prior to
submittal of a final plat application.
In case of large—scale PUDs (incorporating fifty(50) or more lots or dwelling units):
m. 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.
The public services that would be provided to the development include the following:
Fire Protection
The development is located within the boundaries of the Eagle Fire District.
Police Protection
The project will be served by the Eagle Police Department.
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Water Service
The project is located within an area that is served by the Suez Water of Idaho.
Sewer
The property is located within the boundaries of the Eagle Sewer District. Prior to the developer
installing the required sewer infrastructure, the developer will be required to comply with the
District requirements.
Road Construction
The construction of all roads within the development will be completed by the developer. Upon
completion,the roads will either be dedicated to the Ada County Highway District(public streets)
or maintained by the homeowner's association(private streets).
Open Space
The development will contain a minimum of 16.2% (based on the residential area)of passive and
active open space providing the residents with a small park with a shelter, picnic tables, and a
park bench. A system of pedestrian pathways will provide the residents a safe and efficient way
to move through the development. The project will also generate park impact fees to be utilized
for the creation of additional parks or add new equipment to existing parks within the City of
Eagle.
Maintenance
The maintenance of any private open space areas will be regulated by the Route 44 Crossing
Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and
maintained by the respective agencies.
Schools
Route 44 Crossing Subdivision is located within the West Ada School District boundaries. The
applicant is donating an elementary school site to the school district.
Solid Waste Collection
Solid waste collection is provided by Republic Services through a contract with the City of Eagle.
n. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
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 within the approval.
o. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
The estimated tax revenue generated to the City of Eagle from the development at build-out is
approximately $357,667/annually (with Homeowner's Exemption).
p. That suggested public (or private) means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. The developer provides the services in the initial stages of
development,therefore,the public service providers avoid potential liability and expenses.
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3. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the
Council has determined that:
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 the private street
will serve to enhance the overall development. The following reasons support the above noted
fmding:
Based on road intersection requirements in proximity to an intersection the Ada County Highway
District would not allow for a public road to connect to North Linder Road.
2. The private street within the subdivision will provide safe and effective movement of both
vehicular and pedestrian traffic because of the following:
The private street is designed to a width equivalent to public street standards to allow for safe and
effective vehicle travel. On street parking is provided, typical of low volume traffic streets, with
an attached sidewalk located on both sides of the streets for ease of pedestrian traffic flow
through the commercial area of the development.
3. The private street provides adequate access for service and emergency vehicles:
The private street is designed to meet the fire department emergency service vehicular
dimensional standards which require higher standards than other emergency vehicles. The
proposed internal circulation of the private street network will adequately serve non-emergency
service vehicles;
4. The private streets within the subdivision do not adversely affect access to adjacent properties:
The private street network will not adversely affect access to adjacent properties since the
adjacent properties have public street access;
5. The private streets will not landlock adjacent property due to topography or parcel layout:
The proposed private street network within the Route 44 Crossing Subdivision neighborhood will
not landlock any other properties since the adjacent properties have access to public streets;
6. Other than to provide emergency access, the private streets do not connect one public street to
another,thereby encouraging travel through the development served by the private street;
The proposed private street may allow for connection of one public street to another; however, it
has always been recognized by the City that a connection between North Park Lane and North
Linder Road through this area is to occur. Also, it was was the City's desire to have the
connection be a public street; however, due to Ada County Highway District intersection spacing
requirements the applicant is required to install private streets;
7. The use or alignment of the private street within the subdivision do not interfere with the
continuity of public streets:
The proposed private street will provide continuity between North Park Lane and North Linder
Road; and
8. An appropriate mechanism will be established for the repair and maintenance of the private street,
including provisions for the funding thereof:
The applicant is required to provide an operation and maintenance manual (inclusive of a
financial requirement) to maintain the private streets in perpetuity. The operation and
maintenance manual will be reviewed by the City Engineer and City Attorney prior to City Clerk
signing the final plat. The operation and maintenance manual will be an exhibit to the CC&Rs
and cannot be modified without the express written consent of the City.
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DATED this 4th day of October,2021.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
1,..) ,
Trent Wr ght, Chairman
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Page 38 of 38
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PRELIMINARY PLAT FOR
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