Findings - PZ - 2017 - CPA-01-13/A-07-16/RZ-12-16 AND PP-07-16 - Comp Plan Amendment, Annexation, Rezone With D/ABEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A
COMPREHENSIVE PLAN AMENDMENT TO
HIGH DENSITY RESIDENTIAL, ANNEXATION,
REZONE FROM C2 [COMMUNITY COMMERCIAL
- ADA COUNTY DESIGNATION] TO MU -DA
(MIXED USE WITH A DEVELOPMENT
AGREEMENT [IN LIEU OF A CONDITIONAL
USE PERMIT]) AND PRELIMINARY PLAT FOR
TANDEM RIDGE SUBDIVISION FOR GUY
HENDRICKSON/GREG McVAY
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-01-16/A-07-16/RZ-12-16 AND PP -07-16
The above -entitled comprehensive plan amendment, annexation, rezone with development agreement (in
lieu of a conditional use permit) and preliminary plat applications came before the Eagle Planning and
Zoning Commission for their consideration on December 5, 2016. The applications were continued to
December 19, 2016, at which time public testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time. The Commission, having heard and taken oral and
written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Guy Hendrickson/Greg McVay, represented by Shawn Nickel with Rennison Engineering, are
requesting a comprehensive plan map amendment to High Density Residential, annexation, rezone
from C2 (Community Commercial — Ada County designation) to MU -DA (Mixed Use with
development agreement [in lieu of a conditional use permit]), and preliminary plat approvals for
Tandem Ridge Subdivision, a 25 -lot (24 buildable, 1 common) single-family residential
subdivision. The 1.98 -acre site is located on the east side of North Horseshoe Bend Road
approximately 120 -feet south of West Goose Creek Road at 12000 North Horseshoe Bend Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the gazebo located within the Eagle Sports Park at 6:00 PM,
Thursday, August 11, 2016, in compliance with the application submittal requirement of Eagle
City Code. The applications for this item were received by the City of Eagle on October 6, 2016. A
revised narrative was provided on October 25, 2016, and a revised preliminary engineering plan
was provided on November 28, 2016.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on November 14, 2016. Notice of this public hearing was mailed to property owners
within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on November 15, 2016. Requests for
agencies' reviews were transmitted on October 26, 2016, in accordance with the requirements of
the Eagle City Code. The site was posted in accordance with Eagle City Code on November 22,
2016.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/A
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT REQUEST FOR COMPREHENSIVE PLAN MAP AND TEXT AMENDMENT:
The applicant is requesting the City change the Future Land Use Map designation of the 1.98 -acre
site from Open Space & Park (Ada County Designation) to High Density Residential (Residential
8-20 units per Acre).
Pursuant to the Eagle Comprehensive Plan "Amendment Procedures" the applicant shall address
the following items:
Any person may petition the Planning and Zoning Commission for a plan amendment at any time.
The applicant shall submit a letter for a Comprehensive Plan amendment which will contain the
following:
1. Specific description of the change being requested.
2. Specific information on any property involved.
3. The condition or situation which warrants a change being made in the plan.
4. The public need for a benefit from such a change in the plan.
5. A statement that no other solutions to the problem presented by the current policy of the Plan
are possible or reasonable.
6. Proposed development for any land involved.
7. Any other data and information needed by the Planning and Zoning Commission in evaluating
the request.
G. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE:
See justification letter dated October 25, 2016, provided by the applicant's representative (attached
to the staff report).
H. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See justification letter dated October 25, 2016, provided by the applicant's representative (attached
to the staff report).
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I. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
J. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
K. SITE DATA:
Total Acreage of Site —1.98 -acres
Total Number of Lots — 25
Total Number of Units — 24
Residential — 24
Commercial — 0
Industrial — 0
Common — 1 (inclusive of private street)
Single-family — 24
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Open Space & Park (Ada
C2 (Community Commercial
Vacant/Undeveloped
County Designation)
— Ada County Designation )
Proposed
High Density Residential
MU -DA (Mixed Use with
Single-family (attached)
(8-20 units per acre)
Development Agreement [in
residential subdivision
lieu of a conditional use
permit])
North of site
Public/Quasi-Public (Ada
RR (Rural Residential — Ada
Ada County Landfill
County Designation)
County)
Buffer
South of site
Public/Semi-public
Public/Semi-Public
Ada/Eagle Sports
Complex
East of site
Public/Semi-public
Public/Semi-Public
Ada/Eagle Sports
Complex
West of site
R -2-P (Residential Two
Single Family Residential
Residential Two
Planned Unit Development)
5.9 units/acre (Eagle
Crest Subdivision )
J. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
K. SITE DATA:
Total Acreage of Site —1.98 -acres
Total Number of Lots — 25
Total Number of Units — 24
Residential — 24
Commercial — 0
Industrial — 0
Common — 1 (inclusive of private street)
Single-family — 24
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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Additional Site Data
Proposed
Required
Dwelling Units Per Gross Acre
12.12 -dwelling units per acre
12.12 -dwelling units per
acre (as limited within the
development agreement)
Minimum Lot Size
1,824 -square feet
5,000 -square feet
Minimum Lot Width
38 -feet
50 -feet
Minimum Street Frontage
38 -feet
0 -feet
Total Acreage of Common Area
.41 -acres*
1.91 -acres
Open Space
Percent of Site as Common Area
20.7%*
96.6%
Open Space
Except that, according to
ECC Section 9-3-8 (C) the
City may require
additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 50 or
more lots.
* Not inclusive of private street area
L. GENERAL SITE DESIGN FEATURES:
Pathway Areas:
The preliminary plat, date stamped by the city on October 6, 2016, delineates a five-foot (5') wide
meandering pathway located within the right-of-way adjacent to North Horseshoe Bend Road. The
preliminary plat also shows a five-foot (5') wide pathway providing access from the private street
to the community building in proximity to the southern property line.
Open Space:
A total of 0.41 -acres of open space is proposed within the development. The open space consists
of a community building with a pathway and drainage swales (located adjacent to North Horseshoe
Bend Road). The subject site is bordered on two (2) sides by the Eagle Sports Park.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping,
will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be
reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Plat note #1 on the preliminary plat, date stamped by the City on October 6, 2016, states, "A
public utility, irrigation, and drainage easement will be provided along all rear lot lines equal to the
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approved rear setback." Plat note #4 states, "Cross access easements and storm drainage easements
may be provided across lot lines as determined during final design." Plat note #8 states, "A blanket
public utility, irrigation, and drainage easement will be provided on all common lots."
All utilities including power are required to be placed underground.
Fire Hydrants and Water Mains:
The preliminary plat, date stamped by the City on October 6, 2016, shows one (1) fire hydrant
located on Lot 25, Block 1, between Lots 13 and 18, Block 1. Eagle Fire Department provided
correspondence, date stamped by the city on November 7, 2016, which indicated the one (1) fire
hydrant that is identified on the preliminary plat will be sufficient for the subdivision. The
proposed development is located within the City of Eagle Municipal Water Service Area.
On-site Septic System (yes or no) — Unknown
The site previously contained a residential dwelling and accessory structures it is unknown if the
septic system was properly abandoned.
Pressurized Irrigation:
The applicant submitted a pressurized irrigation waiver request, date stamped by the city on
October 6, 2016. The waiver request indicated that the property is not located within an area
currently served by irrigation district or canal company. The applicant attached an IDWR Water
Rights Report (Water Right No. 63-31870) which indicated the total ground water diversion rate is
0.08 CFS with a priority date of 01/01/1945. The site contains an existing well which was utilized
to provide the domestic water to the commercial business and three (3) residential homes all of
which previously existed onsite and were subsequently removed.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that 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
subdivision.
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.
M. STREET DESIGN:
Public Streets: None
Private Streets:
(The street sections described are based on the preliminary engineering plan, date stamped by the
City on November 28, 2016).
The street section for Lazy J Lane shows a 29 -foot wide roadway section (as measured from back
of curb to back of curb) with standard rolled or vertical curb (per plan) located on each side of the
travelway. The street section or the preliminary plat do not show any sidewalks located adjacent to
the street.
The street section for Tandem Ridge Lane shows a 16 -foot wide roadway section (as measured
from back of curb to back of curb) with standard rolled or vertical curb (per plan) located on each
side of the travelway. The street section or the preliminary plat do not show any sidewalks located
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adjacent to the street.
The preliminary engineering plan also shows the curbing located adjacent to the residential lots
will be rolled curb and gutter.
Blocks Less Than 500': None proposed
Cul-de-sac Design: None proposed
Sidewalks:
Detached five-foot (5') wide sidewalk is proposed adjacent to North Horseshoe Bend Road.
Curbs and Gutters:
Standard rolled or vertical curb is proposed adjacent to the internal private streets.
Lighting:
Lighting for the proposed public 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. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to date.
Approval from that committee is required prior to final plat approval.
N. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways/Pathways:
See "Greenbelt/Pathways Areas" and "Sidewalks" above.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right-of-way or separate easement, as may be specified by the City Council.
O. PUBLIC USES PROPOSED: None
P. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
Q. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The narrative provided by the applicant, date stamped by the City on October 25, 2016, indicates
that sewer service is available from the Eagle Sewer District and the applicant is currently in the
process of being annexed into the district. The applicant also indicated the property is located
within Suez company's certificated water service area. The narrative goes on to state that there are
Eagle Water Company water service lines in proximity to the site and they are in discussions with
Eagle Water Company to extend those water service lines. (It has since been determined that the
property is located within the City of Eagle's Municipal Water Service Area. The applicant is
working with the city in regard to potable water service). Fire and medical services will be
available from the Eagle Fire District. The site is located adjacent to North Horseshoe Bend Road
(collector) and will gain access from that road. Police protection is provided by the Ada County
Sheriff's Department through contract with the City of Eagle.
R. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — No
Evidence of Erosion — No
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Fish Habitat — No
Floodplain — No
Mature Trees — No
Riparian Vegetation — No
Steep Slopes — No
Stream/Creek — No
Unique Animal Life — No
Unique Plant Life — No
Unstable Soils — No
Wildlife Habitat — No
S. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Not required.
T. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated, October 15, 2015, are of special
concern (attached to the staff report).
City Parks and Recreation Director: All comments within the Parks and Recreation Director's
email dated December 8, 2016, are of special concern (attached to the staff report).
City Water Supervisor: Storage and Trunk Line Fee Waiver Request — Memo approving waiver to
delay payment of Eagle Municipal Water STL fees, dated November 28, 2016.
Ada County Highway District
Central District Health
Eagle Fire Department
Idaho Department of Fish and Game
Idaho Transportation Department
Tesoro Logistics NW Pipeline
U. LETTERS FROM THE PUBLIC:
Written correspondence received from Dean and Carol Barton, date stamped by the city on
December 13, 2016.
V. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to develop the subdivision in a single phase.
W. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
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C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use
will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. 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; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services;
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and 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;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• C2 (Commercial — Ada County designation). The property is not currently within the Eagle
Comprehensive Plan boundary. Ada County Comprehensive Plan designates the site as "Open
Space and Park" but the site is currently zoned "Commercial".
Chapter 1— Overview
1.1 City of Eagle Statement of Purpose
The purpose of the Eagle Comprehensive Plan is to develop a set of guidelines that the City will
use to promote the health, safety, and general welfare of the residents who live in the City of Eagle
and its Area of City Impact (AOI). To achieve that purpose, the City of Eagle will strive:
A. To protect property rights and enhance property values.
B. To ensure that adequate public facilities and services are provided to the people at reasonable
cost.
C. To ensure that the economy of the City of Eagle and its AOI is protected and enhanced.
D. To ensure that the important environmental features of the City and its AOI are protected and
enhanced.
E. To encourage urban and urban -type development within the incorporated city.
F. To avoid undue concentration of population and overcrowding of land.
G. To ensure that the development of land is commensurate with the physical characteristics of
the land.
H. To protect life and property in areas subject to natural hazards and disasters.
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I. To protect fish, wildlife, and recreation resources.
Table 1.1 Distribution of Uses
Land Use
% of total
Commercial
4%
Mixed Use
7%
Mixed Use Village
5%
Business/Tech
3%
Industrial
I %
Residential
75%
Parks/open sace
5%
1.2.1- Idaho Code
Understanding the constraints of the existing AOI, the City of Eagle began to look at the
requirements for establishing an expanded area of city impact. Under Idaho Code §67- 6526(b),
the following three factors are paramount in establishing an area of city impact:
A. Trade Area: Trade area is the area that is needed to provide a city with an economic base that
supports the city. This economic base comprises not only the city limits and the AOI but also
includes the areas that surround a city and bring people into the city for services. Historically,
the City of Eagle has been directly associated with a large trade area including properties
extending north into Gem County and west into eastern Canyon County. Further, ACHD
traffic counts and the existing transportation network support the claim of this area being
within the City of Eagle's economic trade area.
B. Geographic Boundaries: The Idaho Transportation Department (TTD) has released plans to
improve State Highway 16 from a two (2) lane roadway to at least a nine (9) lane system
(including right-of-way) in excess of one quarter (1/4) mile wide. This creates an enormous
and significant landmark or geographic boundary separating the properties east of State
Highway 16 from those on the western side. This new transportation corridor will be a
significant east -west barrier between Eagle and Star that will create an impediment for
pedestrians, bicyclists, youth and the elderly or anyone unable to use motorized transportation.
In addition, it is unlikely that property owners east of the new highway corridor will feel
identified with a city center that is entirely cut off to the west. (See Map 1.1) Historically in
Ada County, state highways have been used as area of impact boundaries. For example, State
Highway 44 forms portions of the respective common boundaries between Boise and Garden
City. State Highway 55 forms portions of the respective common boundaries between
Meridian and Boise as well as Boise and Eagle. State Highway 20/26 forms a boundary
between Meridian and Eagle.
C. Annexation in the Future: At the time of this planning effort, the City of Eagle had received
numerous requests for annexation from properties reaching to the State Highway 16 corridor
and north into the Eagle Foothills. If these applications are approved, Eagle's city limits
would be bordered to the West by State Highway 16, to the South by State Highway 20/26 and
to the North into Boise and Gem County substantiating the City's ability to annex throughout
this area.
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1.3 - The City of Eagle Vision Statement
In 1999, City of Eagle citizens envisioned their future town as a well-planned community that
encourages diversified living and housing opportunities, fosters economic vitality that offers jobs
for residents, and provides places for people to recreate and enjoy Eagle's natural beauty.
II. We envision that in the future Eagle will be:
A. known as a highly livable town that successfully balances growth with many of the rural
elements of its heritage;
B. interconnected with user-friendly pathways and roadways;
C. economically strong with a distinct downtown economic center;
D. providing diversified employment and housing opportunities for all economic groups;
E. an environmentally aware community with distinctive open space, parks and outdoor
recreation;
F. an economically strong city, that fosters local businesses and clean industry;
G. a unique community that maintains its rural residential feel in the midst of the Treasure Valley.
Similarly as in 1999, the 2004 Soaring 2025 plan, and the Foothills Plan: the City of Eagle
outlined an extensive public visioning process to guide the plan. The visioning sessions discussed
potential growth areas and goals to guide the long term development of the City. From these
visioning sessions, the following four broad goals were identified for the western AOI and the
foothills:
A. Sustainability at build out: Ensure the ability for the city to continue to fund, improve and
support itself, including infrastructure and parks, without the use of building permit fees,
impact fees and zoning fees.
B. Identify "Activity Centers": Identify areas that, due to the nature of existing uses, future uses
and/or transportation corridors, will lend themselves to increased activity and non-residential
use to preserve larger areas as primarily residential neighborhoods and sensitive areas as open
space.
C. Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve the function
of regionally significant roadways through the City while ensuring compatibility with land
uses and design standards of the City.
D. Increased Employment Opportunities: Identify areas that will provide significant employment
opportunities to the residents of the City of Eagle thereby allowing the City to be a desirable
place to live, work, and recreate.
1.5 - Relationship to the City of Eagle Zoning Ordinance
Idaho Code §67-6511 states that "zoning districts shall be in accordance with the adopted plan."
In general this means that zoning must be "in keeping" with a comprehensive plan if one exists.
Further, the Eagle City Zoning code requires consistency between the comprehensive plan and
affected zones at the time of rezoning. Additional zoning classifications may be needed to ensure
the accurate implementation of this sub -area plan.
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Chapter 2 — Property Rights
2.4 - Implementation Strategies
A. Land use development regulations should be designed to protect the health, safety and welfare
of the community, and to avoid any unnecessary conditions, delays and costs.
B. The protection and preservation of private property rights should be a strong consideration in
the development of land use policies and implementation standards and regulations and as
required by law.
C. The Comprehensive Plan and implementing ordinances should strive for stable and consistent
policies regarding development densities and requirements.
D. All changes in the comprehensive plan and land use entitlement should be reviewed in
compliance with this plan and the visioning plan for the western area. (Map 2.1)
Chapter 4 — Schools, Public Services and Utilities
4.1- Background
Public utilities, facilities, and services are necessary for the overall welfare of the public and are
generally available to Eagle residents. The City and special districts provide the basic services of
water, sewer, school, police, fire and library to residents. With Eagle's growing population comes
the need for increased Public services and the necessity to improve existing service delivery
systems.
B. The Eagle Sewer District which provides sewer service within a designated sewer service area.
Larger lot homes have wells and septic systems and must comply with Central District Health
Department requirements.
D. United Water, Eagle Water Company, and the City which provide water to Eagle residents.
Some private water systems and wells are also used.
E. Ada County Sheriff's Office which provides police services on a contract
4.9.2 - Other Services and Utilities Objectives
A. Discourage overlapping service areas and/or illogical service boundaries.
B. Strive for continued cooperation between service providers, utility providers and the City of
Eagle.
C. Ensure that access to services and utilities is readily available in the City, the AOI and the
foothills so that access issues do not create conflicts with the overall goals and objectives of
this Comprehensive Plan.
Chapter 5 — Economic Development
5.1 - Background
The economic development component of the Comprehensive Plan presents a discussion of the
economics and employment in Eagle. The city encourages appropriate economic development
while retaining those attributes that give Eagle its special living and working environment.
5.3 - Economic Development Goals
A. Ensure the ability for the City to continue to fund, improve and support itself, including
infrastructure, without the use of building permit fees, impact fees and zoning fees.
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B. Identify areas that will provide significant employment opportunities to the residents of the
City of Eagle thereby allowing the City to be a desirable place to live, work, and recreate.
C. Identify areas that, due to the nature of existing uses, future uses and/or transportation
corridors, will lend themselves to increased business activity and nonresidential use so as to
preserve larger areas as primarily residential neighborhoods.
D. Increase available jobs within the City of Eagle to levels comparable with adjacent
communities.
Chapter 6 — Land Use
6.1 - Background
Managing growth and channeling it into orderly community development is the key element of
land use planning. Unplanned growth results in undesirable land use patterns. Areas within the
City and within the City's planning areas are given land use designations which are depicted on
the Comprehensive Plan Land Use Map, hereinafter referred to as the "Land Use Map". (See Map
6.1 & 6.2)
The Land Use Map is an integral part of the Comprehensive Plan. It serves as a planning policy
document and planning tool that will assist the City in sustaining responsible growth and
development to ensure that evolving land use patterns remain consistent with goals, objectives and
strategies of the Plan.
Land use designations as reflected on the Land Use Map are based on the existing land use pattern,
existing natural physical features such as the Boise River, Dry Creek and the foothills, floodplain
areas, capacity of existing community facilities, projected population and economic growth,
compatibility with other uses of the land, transportation systems, and the needs of local citizens.
As a part of the review of the 2000 Comprehensive Plan, the City completed a land capacity
analysis of the economic sustainability of the existing AOI and future growth areas for the City.
This study found that the City of Eagle, though stable and united in its vision to develop a city
with a uniquely rural character, did wish to establish long term sustainability for the City as it
approached build out.
The 2007 Comprehensive Plan detailed the following uses for the incorporated City and the AOI:
Table 6.1— Mixture of Land Uses
Mix of Uses (including Foothills)
o Commercial,
Mixed Use.
Business, &
industrial
62% t
P Residential
i
30%
o Padcslopen
9 space
6.3 - Land Use Designations
Development density shall be calculated by project. Unused density for undeveloped or
underdeveloped land adjacent to or within the same land use designation will not be transferred or
used to "balance" or "maximize" densities within an area. Clustering will only be allowed as
specified in the "Parks, Recreation, and Open Spaces" chapter of the Comprehensive Plan.
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For the purposes of this comprehensive plan, the density shall be defined as the ratio of the total
number of dwelling units within a project divided by the total project area. Should that number be
a fraction, it shall be rounded up to the nearest whole number, except where the comprehensive
plan details a fractional density, and then the density shall not exceed the number described in the
comprehensive plan.
The land use designations on the Comprehensive Plan Land Use Map, and as may be referred to
within the text of the Comprehensive Plan, are defined on the Land Use Designation Matrix, Table
6-1, and Zoning Compatibility Matrix, Table 6-2, and are as follows:
The Comprehensive Plan Land Use applicable land use categories for this site are:
6.3.4 - Residential Two
Suitable primarily for single family residential development within areas that are rural in character.
An allowable density of up to 2 units per 1 acre.
6.3.9 - High Density Residential
Suitable primarily for multi -family housing including apartments, town homes and duplexes within
the urbanized setting adjacent to designated transit corridors. An allowable density of 8 to 20 units
per 1 acre.
6.3.17 - Public/Semi Public
Suitable primarily for the development of such uses as golf courses, parks, recreation facilities,
greenways, schools, cemeteries, and public service facilities such as government offices. Support
activities may also be permitted.
All development within this land use is encouraged to be designed to accommodate the different
needs, interests, and age levels of residents in matters concerning both recreation and civil
activities.
6.4 - Land Use Goals
A. Preserve the rural transitional identity of the City of Eagle.
B. Ensure the ability for the city to continue to fund, improve and support itself (including
infrastructure) without the use of building permit fees, impact fees and zoning fees.
C. Identify areas that, due to the nature of existing uses, anticipated uses, and/or transportation
corridors, will lend themselves to increased activity and non-residential use while preserving
larger areas as residential neighborhoods.
D. Preserve the function of regionally significant roadways transecting the City while ensuring
compatibility with land uses and design standards of the City.
E. Identify areas that will provide significant employment opportunities to the residents of the
City of Eagle, thereby supporting the City as a desirable place to live, work, and recreate.
6.5 - Land Use Objectives
B. To encourage development with decreasing density radiating out from Downtown Eagle as
shown on the Land Use Map.
C. To discourage lot splits in approved platted subdivisions.
D. To establish the land use map and associated policies as the official guide for development in
the City of Eagle
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E. To implement the land use map and associated policies through the zoning and development
review process.
6.6 - Land Use Implementation Strategies
B. Establish land use patterns and zoning districts that do not exhaust available services such as
sewer, water, police, fire, recreational areas, highways and transportation systems.
C. Provide for a broad spectrum of housing types including apartments, townhouses,
condominiums, single-family attached, manufactured homes, affordable and subsidized
housing and large -acreage developments.
G. Locate higher -density residential development closest to Downtown Eagle and activity centers
as shown on the Comprehensive Plan Land Use Map.
I. Require residential subdivisions outside the City limits but within the Impact Area to comply
with the Land Use Map. Cluster developments located outside the City limits but within the
Impact Area shall not be permitted. Furthermore, residential subdivisions outside the City
limits but within the Impact area shall be developed with lot sizes consistent with the
respective land use designation as stated in Section 6.3 within this Chapter.
K. Institute a PUD ordinance to facilitate and regulate cluster development.
S. Consider annexing any parcels of land allowed to be annexed by Idaho Code 50-222.
T. Encourage a variety of housing through such mechanisms as PUD's in subdivisions including
large lot subdivisions.
V. Maintain a Future Land Use Map that encourages higher densities around activity centers and
transit routes but also provides for large residential areas that continue to promote the rural
character of the City of Eagle. (See Map 6.1 & 6.2)
Y. Require design treatments to provide compatibility of new development with existing
development by considering such issues as building orientation, increased setbacks, height
limitations, size restrictions, design requirements, fencing, landscaping or other methods as
determined through the development review process.
Chapter 8 — Transportation
8.2 - Street Classifications
A roadway system must include a number of streets, each of which are designated to handle a
particular type and amount of traffic. The Community Planning Association (COMPASS)
Functional Street Classification Map illustrates the various classifications of roadways that are
included in the Ada County roadway system. The Eagle section of the COMPASS Functional
Street Classification Map and Regional Transportation Plan should consider the City of Eagle
Transportation/Pathway Network Maps #1 and #2.
• Collector streets intercept traffic from local streets and carry the traffic to the nearest arterial
street. Collector streets may extend for one or more miles and serve to connect the developed
areas within a section to the arterial roadway network. Collectors may provide access to larger
parcels or developments with high trip generation. On -street parking is typically prohibited.
• Residential collector streets intercept traffic from local streets and minor numbers of abutting
parcels and carry the traffic to a standard collector or arterial street. Residential collectors
typically extend less than one-half mile in length. Residential collectors may provide access to
local streets, multi -family developments or planned unit developments. On -street parking may
be permitted under special circumstances.
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• Local streets serve to provide direct access to the abutting properties, individual homes or
small traffic generators. On -street parking is typically permitted.
8.2.4 - Collectors
Mobility Function:
The primary function of a collector street is to intercept traffic from local streets and carry the
traffic to the nearest arterial street. A secondary function is to service abutting property. The
collector street may serve motorized and non -motorized transportation needs, and be designed with
the minimum street section to accommodate the projected vehicle volume and in conformance
with the current Long Range Transportation Plan of COMPASS. On -street parking is typically
prohibited.
Access Function:
To provide limited and controlled access to commercial and industrial areas and to residential
neighborhoods. Direct lot access is typically restricted. The City's Access Management Plan
should be the final determination of any site access plan.
Right-of-WaT.
As shall be determined by the Highway District having jurisdiction with recommendations by the
City and seriously considered by the Highway District.
8.2.5 Residential Collectors
Mobility Function:
The primary function of a residential collector street is to intercept traffic from local streets and
minor numbers of abutting parcels and carry the traffic to a collector or arterial street. A secondary
function is to service abutting property. The ACHD allowed length and number of vehicle trips
per day on residential collectors is less than collectors. The residential collector street may serve
motorized and non -motorized transportation needs, and be designed with the minimum street
section to accommodate the projected vehicle volume. On -street parking may be prohibited.
Access Function:
To provide limited and controlled access to residential neighborhoods. Direct lot access is
typically restricted.
Right -of -War.
As shall be determined by the Highway District having jurisdiction with recommendations by the
City and seriously considered by the Highway District.
8.2.6 Local Roadways
Mobility Function:
The primary function of a local street is to serve abutting property. Local streets are to be designed
to allow on -street parking and discourage continuous or unobstructed flow of traffic through
residential neighborhoods.
Access Function:
To normally provide abutting properties with unrestricted access to the local street unless the street
is a local commercial street, in which case access restrictions may apply.
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Right -of -Way:
As shall be determined by the Highway District having jurisdiction with recommendations by the
City and seriously considered by the Highway District.
8.4 - Goals
A. Roadway System Goals
1. Develop a transportation system to serve the planned land uses of the City of Eagle and its
Area of Impact. The transportation system should provide regional connectivity to
neighboring cities and regions.
2. Maintain the functional and connectivity of the street system for current users, emergency
response efforts, and for use by future generations.
3. Using sound land use and transportation relationships, develop alternate routes or
corridors for ACHD planners to evaluate that best emphasize the needs of developing
areas while lessening the potential for congestion. This is typically implemented through
the development review process.
4. Protect and buffer homes, businesses, sidewalks and pathways, parks and opens spaces
from the adverse impacts of roadways and traffic. Reasonable design measures should
include narrower street sections, medians, alleys, landscaping, pathways and trails, and the
design of bridges and other structures.
Develop an access management plan for the arterial, collector and local street system.
Communicate the access management plan to the TTD, the ACHD and the local
development community.
10. Protect and support the existing and planned roadway system connecting the City of Eagle
to the area south of the Boise River. Protect the operational integrity of the existing river
crossings at Eagle Road and Linder Road. Support the current regional plans to develop
two new river crossings in the SH -55 and SH -16 alignments.
12. Protect community identity and values of important roads from unnecessary expansion by
adopting specific designs and cross sections for these roads (ie: North Eagle Road).
C. Pathway System Goals
1. Encourage the development of a local and regional pathway system. The design of the
pathway system should be coordinated with other elements of the City's Comprehensive
Plan. The pathway system is to provide basic mobility for some and a non -drive alone
mode for everyone.
2. Work regionally to integrate the pathway system with the ongoing planning and design
efforts for the SH -44, SH -16, SH -55 and US 20-26 corridors.
3. Support the concept and goals of demand management strategies, such as telecommuting,
ride -sharing, park-and-ride facilities, etc. to reduce overall travel demand.
8.5 - Objectives
A. Encourage completion of the existing street system and creation of new links, within
reasonable constraints, as the transportation system develops.
C. Maintain a land use decision-making process that is supportive of the operational
characteristics identified in the most recent Regional Transportation Plan for Ada County of
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record, and which is protective of living environments along streets. Balance the regional
need for connectivity with the local needs of accessibility.
D. Ensure that corridor planning, roadway route selection and other transportation system
development consider the impact on the development potential of adjacent and under-
developed lands.
E. Promote land use policies that limit access as necessary to maintain safe and efficient
operation of the existing street system while allowing reasonable access to individual
development parcels.
F. Maintain safe and comfortable neighborhoods by minimizing speeding and cut -through traffic
while avoiding cul-de-sac streets that isolate individual neighborhoods.
G. Coordinate with the Community Planning Association (COMPASS), Ada County Highway
District (ACHD), Valley Regional Transit (VRT), and the Idaho Transportation Department
(TTD) to ensure consistency between transportation system improvements and the land use
plans and decisions of the City of Eagle and surrounding city and county governments.
8.6 - Implementation Strategies
8.6.1- Roadway Strategies
A. Work in conjunction with the Ada County Highway District (ACHD), Idaho Transportation
Department (TTD), and Community Planning Association (COMPASS) to classify roadways
on the City of Eagle Transportation/Pathway Network Maps #1, #2, #3 incorporated into this
Comprehensive Plan by reference. The Maps are to assure conformity to designations as
delineated on the Land Use Map. The maps shall be provided to the Community Planning
Association for input into the Community Planning Association's Functional Street
Classification Map and Regional Transportation Plan.
C. The most recently adopted Regional Transportation Plan for Ada County of record is adopted
by reference as part of the City of Eagle Comprehensive Plan.
F. Integrate all modes of travel to reduce travel and support air quality improvement measures
G. Encourage roadway design standards and roadway classifications that are consistent with the
Idaho Transportation Department (TTD), Ada County Highway District (ACRD), Community
Planning Association COMPASS, and other agencies that may be responsible for roadway
planning and design.
I. Evaluate the impact to the City of all roadway improvements and roadway extensions
K. Work regionally to integrate the pathway system with the ongoing planning and design efforts
for the SH -44, SH -16, SH -55 and US 20-26 corridors
8.6.2 - Specific Design Strategies
A. Encourage sidewalks that are separated from the curb on all streets, except for areas where
Eagle City Code requires sidewalks to abut the curb and where existing buildings, inordinate
environmental impacts, or other impacts make setting the sidewalk back infeasible.
Meandering sidewalks should be required if permitted under the Americans with Disabilities
Act (ADA) and where space permits. A planter strip of sufficient width for street trees
between the sidewalk and roadway should be required. Where adequate facilities exist, efforts
should be made to provide a canopy effect over the roadways. The type of street trees used
should be those that have root systems that have proven to not cause sidewalk or curb damage
when in close proximity to such improvements. Root barriers should be required.
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C. Support the access restriction policies of the Ada County Highway District and the Idaho
Transportation Department at a minimum. The access restrictions shall be based upon the
most stringent future use of the roadway. Temporary accesses may be considered in areas with
a developing regional roadway network.
D. Limit access to all arterial streets.
E. Discourage direct lot access to parcels abutting arterial and collector streets.
G. Develop methods, such as cross -access agreements, frontage and backage roads, to reduce the
number of existing access points onto arterial streets.
J. Encourage planning of local roadway systems that will provide for intra -neighborhood
connectivity. The connecting roadways should be designed to not become collectors and to
discourage traffic from cutting through neighborhoods to go from a collector or arterial to
another collector or arterial. Such intra -neighborhood connectivity is for emergency and
delivery vehicles and for local intra -neighborhood access.
L. Work with Ada County Highway District, local developers and neighborhoods in the operation
of a local traffic -calming policy that balances the needs of the roadway, the drivers,
pedestrians, bicyclists, and the traveling public.
8.6.3 - Transit Strategies
A. Encourage park and ride lots within the City and Impact Area as development occurs or as part
of a major corridor plan. The SH -44, SH -16, SH -55 and US 20-26 corridors have the greatest
potential. Impacts to existing or planned neighborhoods should be considered.
B. Coordinate with ACHD and the regional transit authority to encourage the development of
transit system amenities (shelters, bus turnouts, etc.) with the any major activity centers along
major arterial corridors and in others areas as the need develops.
C. Encourage the development of transit system amenities (shelters, bus turnouts, etc.) within the
Village Center, along major arterial corridors and in others areas as the need develops.
E. Develop transit supportive corridors along SH -44, SH -16, SH -55 and US 20-26.
8.6.4 - Pathway Strategies
A. Encourage new development to provide for pedestrian, equestrian, and bicycle circulation in
accordance with the City of Eagle Transportation/Pathway Network Maps #1, #2, #3, adopted
local and regional pathway plans, as may be needed for intra -neighborhood connectivity and to
ensure that bike and pedestrian traffic is not unnecessarily pushed out onto arterials and
collectors.
B. Encourage the provision of equestrian, pedestrian and bicycle safety and comfort with
enhanced pedestrian crossings of the State Highways (Highway 44 and Highway 55).
Pedestrian/bicycle overpass or underpass crossings should be considered. Also, at grade
intersection enhancements, such as landscaping, crosswalk pavers and signage, for
pedestrian/bicycle safety and comfort, should be considered.
8.6.5 - Land Use and Parking Strategies
E. Establish and require minimum setbacks between developments and roadways and to
encourage installation of berms and landscaping for all developments to enhance safety,
provide noise attenuation and to enrich the roadway or community appearance. Special
considerations may be required for Foothills developments.
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F. Establish a system to review the cumulative effect of the impacts to the transportation system
from development.
G. When reviewing land use amendments, zone changes, master plans, conditional uses and other
significant entitlement requests, take into consideration the impact of the project on street
levels of service. The City's preferred standards shall be those identified for new streets in
ACHD's Development Policy manual, or its successor. Service level impacts shall be
minimized through project modifications, traffic management plans, street improvement plans
or other means.
K. All new developments shall be reviewed for appropriate opportunities to connect to local roads
and collectors in adjacent developments.
L. New developments shall be required to stub access to adjacent underdeveloped parcels, where
appropriate.
Chapter 9 — Parks, Recreation and Open Spaces
9.3 - Future Conditions
As the City of Eagle grows, new parks and facilities will be needed to meet the recreation needs of
the community. There will be a demand for more parkland including pathways, practice fields and
ball fields as well as a skateboard park. The completion of Reid Merrill Sr. Park, Ada County
Sports Park and the new entrance to Eagle Island State Park may meet current needs. Land
acquisition for future park sites and pathways is vital in order to develop land for pathways and
neighborhood parks. There will also be a need for indoor facilities and recreation programs. One
cost effective method available to the City is to pursue joint venture development and use
opportunities with the school district. The City of Eagle values its river, creeks, canals, and
foothills. Opportunities for the City include maintaining drainage and canal corridors and rights-
of-way to establish a pathway system. New development projects will provide for pathway
circulation in accordance with adopted local and regional pathway plans. A Pathways Committee
would review development proposals to ensure pathways continuity. Maintaining these corridors
will add community identity and ensure the quality of recreation in Eagle. These areas are the
habitat of a variety of species (e.g., fish, eagle, etc.) and play an important role in the community's
ecology.
9.4.1- Parks Goal
A. To create ample areas and facilities for our residents' diverse indoor and outdoor park and
recreational interests.
9.4.2 - Objectives
A. To develop parks and recreational programs which meet the different needs, interests, and age
levels of our residents in both the rural and urban areas.
B. To plan and design parks for sustainability and conservation of natural resources.
C. To provide a system of neighborhood parks where safe and convenient access is available to
residents.
D. Provide a system of interconnected parks, trails and open spaces throughout the City.
E. To dedicate and develop areas for parks in new residential developments.
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9.4.3 - Policies
A. Acquire land for future parks in neighborhood and community settings at a rate that meets or
exceeds the national standards.
B. Seek innovative funding sources for acquisition, planning, design, construction, and
maintenance of parks.
C. Ensure all City parks are managed and maintained in a cost effective manner for the enjoyment
of the public.
9.4.4 - Implementation Strategies
A. Develop policy to preserve, in perpetuity, established parks and land acquired for parks.
E. Aggressively explore public/private or intergovernmental agreements to assist in park
acquisition, development, and recreational opportunities.
G. Create an ordinance that requires developers to dedicate and establish parks in new
developments.
9.5 - Pathways and Greenbelts
Pathways are non -motorized multi -use paths that are separate features from bicycle and pedestrian
lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e. the Boise River
and Dry Creek) and are designed to prevent undesirable encroachment. Greenbelts may include
pathways and/or bike lanes.
9.5.1- Goal
A. To create a pathway system that provides interconnectivity of schools, neighborhoods, public
buildings, businesses, and parks and special sites.
9.5.2 - Objectives
A. To create a pathway system that reflects desire to have a pedestrian and bicycle friendly
community.
B. To provide a network of central and neighborhood paths where residents are able to safely
access and utilize pathways for alternative forms of transportation.
E. Require all development to provide developed pathways for connection to Eagle's public
pathway system and/or adjoining development's public pathway system.
G. Improvelprovide access to greenbelt/pathway east of Eagle Road on the south side of the
North Channel of the Boise River.
H. Acquire pathway easements on the north side of the North Channel.
J. Identify connections between trail sections and existing and future parks and open spaces.
O. Provide separate and safe pathway crossings for Highways 55 and 44 at key pathway
intersections.
9.5.3 - Implementation Strategies
A. Create ordinances that require developments to provide improved pathway systems with links
to adjoining pathway systems, parks, and open spaces.
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F. Prioritize greenbelt and pathway development: 1) greenbelt/pathway system along the Boise
River; 2) greenbelt/pathway system along the Dry Creek; 3) corridor preservation along
future planned pathways and irrigation features; and 4) road crossings.
9.6 - Open Space
Open space is land which is not used for buildings or structures and offers opportunities for parks,
recreation, water amenities, greenbelts, river trails and pathways, tourism, leisure activities,
viewpoints, and wildlife habitat.
9.6.1 - Goal
A. To provide wherever possible open space and natural features such as natural river frontage,
greenbelts, river trails and pathways, creeks, flood plains and flood ways, drainage ways and
canals, development buffers, wooded areas, grasslands, foothills, and viewpoints for public
use and enjoyment.
9.6.2 - Objectives
A. To establish open space to protect the finite resource base of Eagle's natural environment - air,
ground water, surface water, soil, forested areas, plant and wildlife habitats, agricultural lands,
and aquifer recharge, watersheds, and wetlands.
B. To provide an open space setting for active and passive recreation for all age groups
throughout the community.
C. To protect against hazards that are inherent to flood plains, flood ways, steep slopes, and areas
of geological instability.
D. To protect the natural lay of the land (e.g., minimize land disturbance).
E. To protect such unique environmental areas as historical, geological, and archaeological sites
and monuments, natural areas, and wildlife habitat.
F. To protect important views, vistas, and panoramas of the community's natural setting and
environment.
9.6.3 - Policies
A. To encourage cluster development within the City limits so as to retain open space in
perpetuity. Cluster developments located outside the City limits but within the Impact Area
shall be prohibited.
B. To encourage the City to develop working relationships with other agencies/entities to
establish and protect open space.
9.6.4 - Implementation Strategies
A. Require developers to utilize open space for above -ground, on-site storm water management
(i.e., grassy swales, constructed wetlands, and water features).
B. Explore public/private or intergovernmental agreements to set aside and protect open space
(i.e., land trusts, conservation easements, and memorandums of understanding).
C. Create an ordinance that requires developers to include set asides for open space.
D. Establish guidelines for open space set asides.
E. Develop a comprehensive beautification plan that includes but is not limited to open space
such as road rights-of-way, abandoned road segments, and City entryways.
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F. Develop a storm water management plan to include utilization of onsite open space for storm
water management features.
G. Create an ordinance that requires developers to dedicate and establish open space/parks in new
developments. Encourage developers to identify and preserve wildlife mitigation corridors.
Chapter 10 — Housing
10.1- Background
The Eagle area is transitioning from primarily agricultural land uses to residential and commercial
land uses. Eagle's quiet charm and agricultural roots have made the community a mecca for those
seeking larger lots for open space and gentleman farming. Over the last years much of the
agricultural land has been divided into a variety of parcel sizes which are highly sought after by
many urban residents. Density options that reconcile quality of life and costs of services issues
must be balanced and will require compromise by all parties.
10.2 - Goal
A. Encourage a variety of housing so that all residents can choose sound, affordable homes that
meet individual needs.
10.3 - Implementation Strategies
A. Encourage a wide diversity of housing types and choice between ownership and rental
dwelling units so that adequate, affordable housing is available for all income groups.
B. Coordinate the location of all housing with the ability to be served by adequate public facilities
and services.
Chapter 12 — Community Design
12.1 -Vision
Over the next 20 years, the City of Eagle is forecasted to experience high growth rates that without
proper management and planning will impact the quality of life and housing options available to
its residents. Rather than ignore the growth pressures that are currently shaping most Treasure
Valley communities, the City of Eagle is looking at options that will embrace housing alternatives
and transit density but will also preserve the rural nature of the City.
12.2 - Goals
A. Protecting the City's character: Strive to create an aesthetically pleasing community and
protect the unique natural beauty and small town character of the City.
B. Maintaining a functioning City at build out: Ensure that the City can continue to fund,
improve and support itself, including its infrastructure and parks, at build -out when building
permit fees, impact fees and zoning fees are no longer available.
C. Preserving Regional Transportation Corridors (State Highway 55, 20/26, 16 & 44): Preserve
the function of regionally significant roadways through the City while ensuring compatibility
with land uses and design standards of the City.
D. Identifying "Activity Centers": Identify areas that, due to the nature of existing uses, future
uses and/or transportation corridors, will lend themselves to increased activity and non-
residential use and will therefore allow the City to preserve larger areas as primarily residential
neighborhoods.
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12.3 - Objectives
A. Enhance the appearance of the City's entry corridors. Design review procedures should guide
future development and redevelopment of existing uses. Depending on land uses and
buildings, more extensive landscaping and fewer points of access may be required. The
design review process will enable the City to address the special features of each property and
facility in a manner that will best address the overall intent of enhancing Eagle's entryways.
Eagle's entrance corridors may take on the look of landscaped berms like those built adjacent
to the Banbury and Lexington Hills Subdivisions.
C. Provide residents of the City of Eagle and the Area of City impact with opportunities to seek
housing in a neighborhood of their choice.
D. Create a clearly identifiable community.
12.4 - Implementation Strategies
A. Establish and maintain development patterns and design criteria in keeping with the rural
transitional identity of Eagle.
B. Include in the City Design Review Ordinance criteria for building design, landscaping,
signage and other aesthetic standards. Development along State Street within the Impact Area
and outside the City limits shall be encouraged to comply with the Design Review Ordinance.
D. Preserve the floodway in its natural state for such uses as greenbelt, wildlife habitat, and recreational
open space agriculture.
J. Require new residential, commercial, and industrial development to meet minimum design
standards as specified by City Ordinances.
L. Develop buffer and transition zones between conflicting types of land use.
N. Encourage the preservation of natural resources such as creeks, drainages, steep slopes, and
ridgelines as visual amenities.
Q. Encourage the development of pathways and open -space corridors throughout the City.
V. Maintain the rural residential character and open space environment n and around the City.
DD. Encourage the preservation and public access to open space through developments and as a
rural design element of urbanizing areas.
HH. Provide a variety of housing opportunities ranging from large lot residential to multi -family
apartment uses.
Chapter 13 — Implementation
13.5 - Comprehensive Plan Amendments
From time to time, changing conditions will result in the need for comprehensive plan
amendments.
The Land Use Planning Act provides for amendment to the Comprehensive Plan. The City
Council or any group or person may petition the City Planning and Zoning Commission for a plan
amendment at any time. On its own initiative, the City Planning and Zoning Commission may
originate an amendment to the Comprehensive Plan. However, the City Planning and Zoning
Commission may recommend amendments to the Comprehensive Plan to the City Council not
more frequently than every six (6) months; however text amendments may be recommended at any
time.
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13.6 - Goal
A. The Eagle Comprehensive Plan and related ordinances are working documents used by
citizens and City leaders to shape the future of Eagle.
13.7 - Implementation Strategies
A. Update the zoning and subdivision ordinances to be in conformance with the adopted
Comprehensive Plan as required by state law.
B. Charge the Planning and Zoning Commission to be responsible to review the status of the
implementation actions and critique the relevance of the Comprehensive Plan, including
recommending any amendments to City Council on an as -needed basis.
C. Require any person applying for a Comprehensive Plan amendment to submit a justification
letter for the amendment which letter shall include the following:
1. A specific description of the change being requested.
2. Specific information on any property involved.
3. A description of the condition or situation which warrants a change being made in the
Plan.
4. A description of the public benefit(s) that would occur from such a change in the Plan and
an explanation of why the public would need any such benefit(s).
5. An explanation of why no other solutions to the condition or situation which warrants a
change in the Plan are possible or reasonable under the current policies of the Plan.
6. A proposed development plan for any land involved if a specific development is planned
at the time the request for the amendment is being made.
7. An analysis showing the estimated impact that the proposed change is expected to have on
existing and planned infrastructure.
8. Any other data and information required by the City for the evaluation of the request.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-1-2: Rules and Definitions:
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.
EASEMENT: Authorization by a property owner for the use by another, and for a specified
purpose, of any designated part of his property.
• Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the zoning
districts have been formulated to realize the general purposes as set forth in this title. In addition,
the specific purpose of each zoning district shall be as follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office,
limited commercial, and residential. This district is intended to ensure compatibility of new
development with existing and future development. It is also intended to ensure assemblage of
properties in a unified plan with coordinated and harmonious development which shall promote
outstanding design without unsightly and unsafe strip commercial development. Uses should
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complement the uses allowed within the CBD zoning district. All development requiring a
conditional use permit in the MU zoning district, as shown in section 8-2-3 of this chapter,
shall occur under the PUD and/or development agreement process in accordance with
chapter 6 or 10 of this title unless the proposed development does not meet the area requirements
as set forth in section 8-6-5-1 of this title. In that case a cooperative development, in conjunction
with adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a
conditional use permit shall be required unless the proposed use is shown as a permitted use in the
MU zoning district within section 8-2-3 of this chapter. Residential densities shall not exceed
twenty (20) dwelling units per gross acre. When a property is being proposed for rezone to
the MU zoning district a development agreement may be utilized in lieu of the PUD and/or
conditional use process if approved by the city council provided the development agreement
includes conditions of development that are required during the PUD and conditional use
process.
• Eagle City Code, Section 8-2-3 Schedule of District Use Regulations:
Residential dwellings are allowed by Conditional Use within the MU (Mixed Use) zoning
designation.
• Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for the MU
(Mixed Use) zone:
Zoning
Maximum
Front
Rear
Interior
Street
Maximum
Minimum
Minimum
District
Height
Side
Side
Lot
Lot Area
Lot
Covered
(Acres Or Sq.
Width I*
Ft.) G And
H*
MU
35'
20'
F20'17.5'
20'
15,000
50'
8-2-4(G):
All front load garages shall be setback a minimum of 25 feet from the back of sidewalk.
• Eagle City Code Section 8-2A-7: (J) Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically
separate and visually screen adjacent land uses which are not fully compatible due to differing
facilities, activities, or different intensities of use, such as townhouses and a convenience store,
or a high volume roadway and residential dwellings.
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi -family developments, shall be buffered from streets classified as collectors, arterials,
freeways, or expressways, to protect residential communities from noisy, potentially
dangerous, high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area open space owned and maintained
by a homeowners' association. Any landscaping proposed to be within the public right of way
shall not be included as a part of the buffer area required below. The height for
berming/fencing, as noted below, shall be measured from the elevation of the final grade of the
adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The
required buffer area width, plantings, and fencing are as follows:
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a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/omamental trees, provided that not more
than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options, the following
design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title, except that a decrease in the minimum lot size
may be allowed if there is an "offsetting increase" of the same square footage in open
space and a favorable finding is made by the council that the smaller lots are appropriately
integrated into the overall design and that the building product type is compatible with the
PUD and surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point for
minimum open space, prior to any "offsetting increase" being added, shall be the area that is
equal to ten percent (10%) of the site. This allowance shall only be permitted under the
following criteria:
1. The total common area open space shall be equal to or greater than twenty percent (20%),
inclusive of the "offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity and
architectural and siting variation are incorporated into the development and that these
factors make up a substantial contribution to the objectives of the PUD. These design
elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography, view,
sun and wind orientation, circulation pattern, physical environment, variation in
building setbacks and building grouping (such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
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3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under
section 8-2-4 of this title.
• 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.
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.
• Eagle City Code, Section 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options, the following
design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title, except that a decrease in the minimum lot size
may be allowed if there is an 'offsetting increase" of the same square footage in open
space and a favorable finding is made by the council that the smaller lots are appropriately
integrated into the overall design and that the building product type is compatible with the
PUD and surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point
for minimum open space, prior to any "offsetting increase" being added, shall be the area
that is equal to ten percent (10%) of the site. This allowance shall only be permitted under
the following criteria:
1. The total common area open space shall be equal to or greater than twenty percent
(20%), inclusive of the 'offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity
and architectural and siting variation are incorporated into the development and that
these factors make up a substantial contribution to the objectives of the PUD. These
design elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical environment,
variation in building setbacks and building grouping (such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under
section 8-2-4 of this title.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-3-2-5: Private Streets:
Private streets may be permitted, in the discretion of the council, subject to the following:
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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.
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
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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:
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
maintenance of the private street in accordance with the approved plan as provided for in
subsection C1 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
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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 9-3-5: Lots:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height and
area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from
the standards within section 8-2-4 of this code may be considered as part of the planned unit
development.
• 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 9-3-7: Planting Strips and Reserve Strips:
Planting strips and reserve strips shall conform to the following standards:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed next to
incompatible features such as highways, railroads, commercial or industrial uses to screen the
view from residential properties and to provide noise mitigation for those residents. Such
planting strips/buffer areas shall be a minimum of twenty feet (20') wide unless a greater width
is required within section 8-2A-7 of this code. The landscape strip/buffer area shall not be a
part of the normal street right of way and shall comply with all landscape/buffer area
requirements within section 8-2A-7 of this code.
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• Eagle City Code, 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
of the subdivision shall be a minimum eight feet (8') wide and shall be located within a
sixteen foot (16) wide pedestrian access easement, however, in an area where low volume
pedestrian traffic is anticipated, the council may consider a reduction in pathway width to
six feet (6). Regional pathways such as the Boise River greenbelt and pathways located
adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located
within a twenty foot (20') wide pedestrian access easement.
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.
E. DISCUSSION:
• The applicant is requesting the City add 1.98 -acres to the City's comprehensive plan and designate
the site as High Density Residential (8-20 units per acre). The 1.98 -acre site is located adjacent to
the northern boundary of the Eagle/Ada Sports complex, immediately east of the intersection of N.
Horseshoe Bend Road and E. Pine Hollow Lane.
• Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 [c] [3]) within the
2011 Comprehensive Plan, the applicant must show, "the condition or situation which warrants a
change being made in the plan." In the applicant's justification letter, date stamped by the City on
May 12, 2015, the applicant states the following:
"The property involved is the former location of the Lazy J Tavern, however, the business has long
since closed and the structures have been removed."
"Without the requested change in the Land Use designation, the residential use of the property,
along with the proposed density needed to develop this property, would not be possible."
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• The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 [c] [4]) seeks to
identify "the public benefit that would occur from such a change in the plan." In the applicant's
justification letter, date stamped by the City on May 12, 2015, the applicant provided the
following:
"The applicant believes that this request is a benefit to the public need by bringing this enclaved
property into the City limits, removing an incompatible land designation of commercial from an
existing residential and open space area (park), and providing for a diversity in housing options for
homeowners in this area of the City."
• Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 [c] [5]) the
Applicant must provide "An explanation of why no other solutions to the condition or situation
which warrants a change in the Plan are possible or reasonable under the current policies of the
Plan". In the applicant's justification letter, date stamped by the City on May 12, 2015, the
applicant provided the following:
"This is a unique situation in the City of Eagle where a property is adjacent to City limits, adjacent
to a City park, has an existing commercial zoning designation, has municipal services available to
the property, but is not in the City's Impact Area or a designated land use on a Comp Plan Map.
The only other option for this property without the Comp Plan Amendment, is to develop the
property through Ada County under the current zoning allowances."
• The Eagle Comprehensive Plan Chapter 1: Overview, Section 2: Vision promotes:
o interconnected with user-friendly pathways and roadways;
o providing diversified employment and housing opportunities for all economic groups;
o an environmentally aware community with distinctive open space, parks and outdoor
recreation;
o an economically strong city, that fosters local businesses and clean industry;
o Identify "Activity Centers": Identify areas that, due to the nature of existing uses, future uses
and/or transportation corridors, will lend themselves to increased activity and non-residential
use to preserve larger areas as primarily residential neighborhoods and sensitive areas as open
space.
o Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve the function
of regionally significant roadways through the City while ensuring compatibility with land
uses and design standards of the City.
o Increased Employment Opportunities: Identify areas that will provide significant employment
opportunities to the residents of the City of Eagle thereby allowing the City to be a desirable
place to live, work, and recreate.
The applicant's proposal is consistent with the larger goals and vision of the City comprehensive
plan. The site is located .12 miles east of State Highway 55, a major regional corridor.
The development will provide a unique living environment with connectivity to the Ada/Eagle
Sports Complex and the Foothills Ridge to Rivers Trails.
• Numerous policies with in The Eagle Comprehensive Plan address how the City should plan for
property rights and the provision of services:
o The Eagle Comprehensive Plan Chapter 2, Property Rights states: "The protection and
preservation of private property rights should be a strong consideration in the development of
land use policies and implementation standards and regulations and as required by law."
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o The Eagle Comprehensive Plan Chapter 3, Population states: "To plan for anticipated
populations and households that the community can support with adequate services and
amenities."
o The Eagle Comprehensive Plan Chapter 4, School, Public Services and Utilities, Section 7
Sewer establishes policies to guide the planning for and provision of sewer within the City:
o 4.7.3 (B) states: Compare ESD expansion Plans with the City's information regarding
planned development within the Area of City Impact & the Eagle Foothills.
o 4.7.3 (F) states: Continue to work with the Eagle Sewer District to coordinate urban
development based upon Land Use component of the Comprehensive Plan and the Eagle
Sewer District Master Plan.
o The Eagle Comprehensive Plan Chapter 6: Land Use, Section 6 (B) states: "Establish land use
patterns and zoning districts that do not exhaust available services such as sewer, water,
police, fire, recreational areas, highways and transportation systems.
o The Eagle Comprehensive Plan Chapter 6: Land Use, Section 6 (I) states: Limit non-
residential uses to designated areas, with scaling and intensity paramount to the approval of
these uses.
The applicant's request is to expand the existing residential uses in the area. Eagle Crest
Subdivision, while zoned R -2-P (Residential PUD) was developed as a part of the Lexington Hills
PUD and was granted a density of 6 units per acre in 2001. The Tandem Ridge Development is a
very small property generally surrounded by the Ada/Eagle Sports Complex. The combined
residential impact of the proposed development is less intensive than the potential uses allowed in
the Ada County C2 Zone. The Uses in the Ada County "C2- Community Commercial" zone
include:
Agricultural use
Amusement or recreation facility, indoor
Animal boarding with outside runs
Animal clinic, animal hospital, or veterinary
office
Automobile, major repair
Automobile or recreational vehicle sales or
service
Bank
Bar, brewpub, or nightclub
Clinic, medical (excluding animal or
veterinary)
Contractor's yard or shop
Drive -up window service
Electric distribution line
Electric subtransmission line
Farm, garden, lumber, or building supply
store
Gasoline, diesel, or alternative fuel sales
Heavy equipment sales or service
Hotel or motel
Laundromat
Manufactured home storage
Mortuary
Nursery, retail (only)
Off street parking facility
Office building
Package and letter delivery service
Personal, business, or professional service
Radio and television broadcasting station
Recycling center
Remediation, in situ
Restaurant or eating place
Retail store
School, vocational or trade
Shooting range, indoor (only)
Sign, non -accessory, off premises
(Billboard)
Storage facility, self-service
Studio
Transit facility
Truck stop
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• The Eagle Comprehensive Plan Chapter 6: Land Use, Section 6 (B) states: "Establish land use
patterns and zoning districts that do not exhaust available services such as sewer, water, police,
fire, recreational areas, highways and transportation systems.
The area is currently serviceable by City of Eagle Water and the Eagle Sewer District.
• Numerous policies within The Eagle Comprehensive Plan address how the City should plan for
property adjacent to and near major transportation corridors:
o The Long Range Street and Highway Classification Map designates State Highway 55 as a
principal arterial.
o The Eagle Comprehensive Plan encourages locating compact and multi -family development
along major transit corridors and near activity centers to encourage pedestrian accessibility and
circulation. A typical walking distance is'/4-mile.
o The Eagle Comprehensive Plan Chapter 8.6.2 Transportation: Specific Design Strategies
states:
C. Support the access restriction policies of the Ada County Highway District.
D. Limit access to all arterial streets.
E. Discourage direct lot access to parcels abutting arterial and collector streets.
G. Develop methods, such as cross -access agreements, frontage and backage roads, to reduce
the number of existing access points onto arterial streets.
The project, as proposed, is consistent with many of the existing policies of the city's
comprehensive plan. The proposed development locates residential within 1/4 -mile of a future
transit corridor and is adjacent to the Ada/Eagle Sports Complex. The development of uses within
the Ada County "C-2 — Community Commercial" zone would be in conflict with the residential
designation and uses in the area.
The applicant's narrative, date stamped by the City on October 25, 2016, indicates they are
requesting a development agreement in lieu of a PUD to request the following allowances: 1)
allowance for lots below 5,000 -square feet (24 -lots between 1,824 — 2,207 -square feet in size), 2)
reduction of setbacks, 3) allowance of a five-foot (5') wide rear lot line public utility, drainage and
irrigation easement, 4) allowance of an Alternative Method of Compliance for the landscape buffer
located adjacent to North Horseshoe Bend Road, and 5) allowance for private streets with rolled
curbs and no sidewalks.
Request #1
The applicant is requesting a reduction of lots sizes below the required 5,000 -square foot
minimum lot size associated with the MU (Mixed Use) zoning district. Typically a reduction of
lots sizes is permitted through the planned unit development (PUD) process. Pursuant to Eagle
City Code Section 8-6-5-2, a minimum of 20% of the gross land area developed in any residential
PUD project shall be reserved for common area open space and recreational facilities for the
residents of users of the area being developed. Pursuant to Eagle City Code Section 8-6-5-5(A), all
lots within a PUD shall comply with the minimum lot size in the underlying zone as established in
Eagle City Code Section 8-2-4, except that a decrease in the minimum lot size may be allowed if
there is an "offsetting increase" of the same square footage in open space and a favorable finding is
made by the council that the smaller lots are appropriately integrated into the overall design and
that the building product type is compatible with the PUD and surrounding area. The initial
starting point for minimum open space, prior to any "offsetting increase" being added, shall be the
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area that is equal to 10% of the site. Based on the proposed lot sizes and the required "offsetting
increase" of open space required, the minimum open space for the development is 1.91 -acres or
96.6% of the subject site. The applicant is requesting approval of .41 -acres of open space (20.7%).
The subject site is surrounded on two (2) sides by the Ada/Eagle Sports Complex which is
inclusive of mountain bike trails, mountain bike jumps, BMX track, basketball court, street hockey
pad, and skateboard park. The sports complex will provide recreational opportunities for the
residents of the proposed subdivision.
Request #2
• Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes shall conform
with the closest compatible base zone identified in Eagle City Code Section 8-2-4. The applicant is
requesting a MU -DA (Mixed Use with a development agreement [development agreement in lieu
of a conditional use permit]) zoning designation. The required setbacks within the MU (Mixed
Use) zone are as follows:
Front
20 -feet
Rear
20 -feet
Side
7.5 -feet
Street Side
20 -feet
Maximum Coverage
50%
The applicant is proposing single-family attached units (duplex) to be located on lots separating
each unit. Since the units will be attached on one (1) side the applicant is requesting a "zero" side
setback. The proposed setbacks as identified in the applicant's narrative, date stamped by the City
on October 25, 2016, reflects the following setbacks:
Front: 8 -feet living space / 10 -feet garage
Rear: 5 -feet
Interior Side: 0 -feet
Exterior Side: 5 -feet (two story), 2 -feet (Lot 1 only)
With regard to the reduction of setbacks, staff has the following comments:
The proposed setbacks do not address maximum lot coverage. The maximum lot coverage within
the MU (Mixed Use) zoning designation is 50%. The preliminary plat, date stamped by the city on
October 26, 2016, shows the footprint of the structures covering approximately 62% of the lots
which are 1,824 -square feet in size.
The applicant is proposing a front garage setback of ten feet (10 -feet). Pursuant to Eagle City Code
Section 8-2-4 (G), front load garages shall be setback a minimum of 25 -feet from back of sidewalk
(to provide adequate room for parking on the driveway without blocking the adjacent sidewalk).
The driveway length (10 -feet) is not be long enough to accommodate a parked vehicle (without it
extending into the street (sidewalks are not proposed). To address this concern, the applicant
should provide language within the CC&Rs that disallow vehicles to be parked on the 10 -foot long
driveways.
The preliminary plat, date stamped by the city on October 6, 2016, shows the garages located eight
feet (8') and the living area ten feet (10') feet from the property line. As previously discussed, the
applicant is requesting the front setback for the residential living area be reduced to eight feet (8')
and the garage setback be reduced to ten feet (10'). The applicant should be required to provide a
revised preliminary plat showing the residential living area to be eight feet (8') and the garage area
be ten feet (10') from the property line. The revised preliminary plat should be provided prior to
submittal of a final plat application.
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Pursuant to Eagle City Code Section 9-3-6, unobstructed utility and drainage easements twelve
feet (12') in width are required adjacent to front, rear, and side lines. If reduced setbacks are
approved, the applicant should ensure that the easement widths are adjusted to account for the
reduced setbacks. See additional comments under Request #3, next page.
Request #3
Plat note #1 on the site plan, date stamped by the city on October 6, 2016, states, "A public utility,
irrigation, and drainage easement will be provided along all rear lot lines equal to the approved
rear setback. A five foot (5') wide easement may provide sufficient area for drainage conveyance,
however, a five foot (5') wide easement which contains landscaping (as shown on the concept
plan) will not provide sufficient access for utilities and /or pressurized irrigation infrastructure.
The applicant should be required to provide a revised preliminary plat with plat note #1 revised to
state, "A drainage easement five feet (5') in width will be provided adjacent to the subdivision
boundary line." The revised preliminary plat should be provided prior to submittal of a final plat
application. The applicant should be required to demonstrate how the utilities and pressurized
irrigation will be distributed throughout the site (without using the five foot (5') wide drainage
easement around the perimeter of the site) at the time of submittal of the final plat application.
Request #4
Pursuant to Eagle City Code Section 8-2A-7 (0), the applicant is requesting an Alternative
Method of Compliance to reduce the landscape buffer width located adjacent to North Horseshoe
Bend Road from 35 -feet to 34 -feet, to allow 22 -feet of the buffer area to be located with the right-
of-way, and to remove the requirement to construct a berm. North Horseshoe Bend Road is
designated as a collector. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(a), any roadway
designated as a collector is required to have a 35 -foot wide buffer area between the residential lots
and the roadway. The buffer area is required to be located within a separate common lot. The
applicant has indicated within the narrative, date stamped by the city on October 25, 2016, they are
proposing to landscape the right-of-way area located adjacent to the road utilizing a license
agreement with ACRD. If a reduced buffer area located adjacent to North Horseshoe Bend Road is
approved, the proposed landscaping located adjacent to North Horseshoe Bend Road should be
commensurate with landscaping requirements pursuant to Eagle City Code Section 8-2A-
7(J)(4)(a). The landscape plan should be reviewed and approved by the Design Review Board
prior to submittal of a final plat application.
Request #5
The applicant is requesting to construct the subdivision with private streets with rolled curbing and
no sidewalks. The preliminary engineering plan, date stamped by the city on November 28, 2016,
shows two (2) street sections - one of which shows the street (Lazy J Lane) to be 29 -feet in width
(measured from back -of -curb to back -of -curb) and one that shows the street (Tandem Ridge Lane)
to be 16 -feet in width (measured from back -of -curb to back -of -curb). The street sections do not
show sidewalks located on either side of the street. Pursuant to Eagle City Code Section 9-3-2-5,
private streets may provide access to any parcel or lot provided the Council determines that the
private streets are in compliance with specific standards. Those standards include safe and
effective movement of both vehicular and pedestrian traffic, sidewalks, and parking. Pursuant to
Eagle City Code Section 9-2-3-5(B)(3), sidewalks are required in accordance with Eagle City
Code Section 9-4-1-6(F), which based on the design of the proposed subdivision, separated
sidewalks would be required to be constructed on both sides of the street. Staff will defer to the
Commission and Council in regard to the requirement regarding sidewalks. Plat note #10 of the
preliminary plat states, "A cross access easement for individual lot access to public right-of-ways
will be provided over all private road common lots. The proposed homeowner's association will
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own the private roads and common lots and will be responsible for all maintenance requirements
associated with said lots." Should the Council approve the design of the private streets (with the
exception of the proposed standard rolled curbs), the applicant should provide a revised
preliminary plat with plat note #10 revised to contain the following information: 1) conveys 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, 2) provide that such perpetual easement shall
run with the land, 3) 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. The revised preliminary plat should be provided
prior to submittal of a final plat application.
The preliminary plat shows 14 -guest parking spaces which are in addition to the required parking
spaces provided on the individual lots. Pursuant to Eagle City Code Section 9-3-2-5(B)(2), vertical
curbing is required for streets that are less than 34 -feet in width. The applicant should provide a
revised preliminary plat showing vertical curbing located adjacent to the private streets. The
revised preliminary plat should be provided prior to submittal of a final plat application.
The Eagle Fire Department provided conrespondence, date stamped by the City on November 7,
2016, which indicated that although the proposed private streets are in conformance with the fire
code, parking in the subdivision will still be an issue due to the narrow street widths and parking
restrictions will be required. The Eagle Fire Department indicated that one (1) side of the private
street shall be posted with approved "No Parking -Fire Lane" signs. The correspondence further
states that any and all code enforcement with parking restrictions cannot be enforced by the Eagle
Police Department or the Eagle Fire Department on private roadways. The fire department
indicated that making the street public would address the enforcement issues that will eventually
occur. The applicant should be required to post one (1) side of the private streets with "No
Parking -Fire Lane" signs. The locations and styles of signs should be approved by the Eagle Fire
Department prior to posting of the signs. The "No Parking -Fire Lane" signs should be posted prior
to the City Clerk signing the final plat.
Based on the width of Tandem Ridge Lane it should be limited to a one-way travel movement to
avoid traffic conflicts. The applicant should be required to provide a revised preliminary plat
showing Tandem Ridge Lane as a one-way street. The revised preliminary plat should be provided
prior to submittal of a final plat application.
The preliminary plat, date stamped by the city on October 6, 2016, shows all of the common area
and the private street to be contained within one (1) common lot (with the exception of the
landscaping located within the right-of-way and the landscaping located on the north and east sides
of the site which extends onto city -owned property). Pursuant to Eagle City Code Section 9-3-2-5,
the location of the private street shall be clearly depicted on the face of the plat. Since the private
street is shown to be located within the overall common area it will not clearly identify the location
of the private street on the final plat. The applicant should be required to provide a revised
preliminary plat showing the private streets (Lazy J Lane and Tandem Ridge Lane) located within
a separate common lot (separate from Lot 25, Block 1). The revised preliminary plat should be
provided prior submittal of a final plat application.
The proposed development is located within the City of Eagle's Municipal Water Service Area.
Pursuant to Resolution No. 8-09, payment of Storage and Trunk Line (STL) fee is to be provided
at the time of preliminary and final plat. The amount for STL fee is $2,100/Equivalency
Residential Customer (ERC) an ERC is equivalent to each residential buildable lot. The applicant
has submitted a request for waiver to the City of Eagle Water Department to delay paying the
required STL fee, date stamped by the city on October 26, 2016. The applicant is requesting to
delay paying the required STL fee until such time a final plat application is submitted. Based on
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24 -lots, the total STL fee required for the subdivision is $50,400.00. The applicant received
approval from the City of Eagle Water Department (of the waiver request) on November 28, 2016.
To date, the applicant has not paid the required STL fee. The applicant should be required to pay
the required $25,200.00 preliminary plat Storage Trunk Line fee along with the associated final
plat Storage Trunk Line fee at the time of submittal of the final plat application.
• The preliminary plat, date stamped by the City on October 6, 2016, does not contain a plat note
referencing the development agreement associated with the rezone (application #RZ-12-16) of the
property. Since the development agreement is being utilized in lieu of a conditional use permit the
applicant should provide a revised preliminary plat which includes a new plat note that states, "All
development within this subdivision shall be consistent with the Conditions of Development of the
development agreement associated with RZ-12-16 and subsequent modifications." The revised
preliminary plat should be provided prior to submittal of a final plat application.
• Plat note #5 of the preliminary plat, date stamped by the City on October 6, 2016, states "The
following lots are designated as common area lots: Lot 25, Block 1." Pursuant to Eagle City Code
Section 9-3-8(D)(4), the applicant must identify the owner of the open space and the entity who is
responsible for maintaining the open space and facilities. The applicant should be required to
provide a revised preliminary plat with plat note #2 revised to read, "Lot 25, Block 1, is designated
as a common lot which shall be owned and maintained by the Tandem Ridge Subdivision
Homeowner's Association." The revised preliminary plat should be provided prior to submittal of
a final plat application.
The applicant provided a Pressurized Irrigation Waiver request, date stamped by the City on
October 6, 2016, to request a waiver of the requirement to provide pressurized irrigation due to the
lack of surface water rights available to the property. The applicant has indicated they plan on
providing irrigation to the residential and common lots through the municipal water system or the
existing well on the property. The waiver request indicates that the applicant will make this
determination during construction design prior to final platting of the project. The applicant
provided documentation from the Idaho Department of Water Resources (IDWR) which indicates
there is a commercial groundwater right of 0.02 CFS and a domestic groundwater right of 0.06
CFS for a total of 0.08 CFS associated with the property. The total CFS has sufficient capacity for
connection to a pressurized irrigation system that could be operated year round. Based on the
groundwater rights of 0.08 CFS associated with the property the waiver of the requirement to
provide pressurized irrigation should be denied and the applicant should be required to connect the
pressurized irrigation system to the existing well located onsite prior to the City Clerk signing the
final plat. The applicant should provide a revised preliminary plat with a new plat note that states,
"The Tandem Ridge Homeowner's Association is responsible for the operation and maintenance
of the pressurized irrigation system." The revised preliminary plat should be provided prior to the
City Clerk signing the final plat.
The site previously contained a bar/tavern and three (3) residential dwellings which were served by
a septic system(s) and drainfield(s). The preliminary plat, date stamped by the City on October 6,
2016, does not delineate the location of the septic system(s) and drainfield(s). It is unknown if the
septic system(s) and drainfields(s) were ever abandoned. The applicant should be required to
obtain the proper permit and subsequently abandon the existing septic system(s) and drainfield(s)
located onsite. Upon removal the applicant should provide documentation from Central District
Health Department indicating the septic system(s) and drainfield(s) were properly abandoned prior
to the City Clerk signing the final plat.
• The Concept Plan, date stamped by the city on November 14, 2016, and the preliminary plat, date
stamped by the city on October 6, 2016, shows a 30 -foot wide defensible space buffer located off-
site within the Ada/Eagle Sports Complex Area. The applicant has indicated within the provided
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narrative, date stamped by the city on October 25, 2016, that they have met with City of Eagle
Parks and Recreation Department staff in regard to a defensible space buffer proposed to be
located within the park adjacent to the park boundary and the defensible space buffer is being
proposed as part of the development agreement. The narrative also indicated there has been mutual
agreement in regard to a working collaboration of landscaping, grading, and fencing located within
the proposed defensible space buffer area. Email correspondence was provided by Mike Aho (City
of Eagle Parks and Recreation Director), dated December 8, 2016, which indicated the following
items that would need to be addressed: 1) Any fence placed along the boundary of the subdivision
that borders the park would need to match the existing fence located on the south side of the park;
2) No direct entry from the subdivision to the park should be permitted; 3) Any landscaping that is
required for defensible space against fire should be coordinated with the Parks and Recreation
staff. If any defensible space landscaping impacts any of the bike park features the applicant will
be responsible to work with Parks and Recreation staff to redesign, move, and restore the feature;
4) A service only access to the park will be allowed on the far south end of the property; and 5)
The proposed sidewalk to be located along Horseshoe Bend Road will need to connect to the
existing sidewalk located south of the development. Prior to construction of all or a portion of the
defensible space buffer (as identified on the Concept Plan, Exhibit `B") the applicant should be
required to comply with the five (5) aforementioned items identified in the December 8, 2016,
email received from Mike Aho (City of Eagle Parks, Recreation, and Facilities Director).
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested comprehensive
plan amendment, annexation, rezone with development agreement (in lieu of a conditional use permit) and
preliminary plat with conditions of approval as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications came before the Eagle Planning and Zoning Commission for their
consideration on December 5, 2016. The applications were continued to December 19, 2016, 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 favor of the application was presented to the Planning and Zoning Commission by
two (2) individuals (not including the applicant/ representative) who indicated the following:
• The comprehensive plan should be modified so the property can be annexed and the city may
control the style of development that occurs on the site.
• The existing commercial designation of the property does not serve the property well and a
residential or public use would be more compatible with the surrounding area.
• The developer contacted and has worked closely with the neighbors and homeowner's association
of the adjacent subdivision.
• If the wells are viable they should be utilized for the pressurized irrigation system.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by five (5) individuals who voiced the following concerns:
• The comprehensive plan indicates the city should purchase property for future parks, therefore, the
subject property should be purchased by the city and included within the adjacent park.
• The proposed density is too high and is not compatible with the surrounding area.
• This is not the proper area for cluster development.
• Based on the proposed density of the development a rural feel will not be maintained in the area.
• The proposed development should not exceed the density of the subdivision located west of the
subject property.
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• There will be an increase of traffic in the area and a shortage of parking will be a concern.
• Although the property is currently zoned commercial it is not a good location for a business.
• The proposed height of the residential dwellings are too tall since they will be located on a hilltop.
• The applicant is not proposing any sidewalks located internal to the site where are residents going
to walk.
• People park on the road during scheduled events within the park area.
• If the property is developed with a residential subdivision the wildlife in the area will be impacted.
• In the event of a wildfire the subject property will be affected.
• The intersection located at Floating Feather Road and Horseshoe Bend Road will be impacted.
• The subdivision should have been named "Lazy Y not "Tandem Ridge" since the Lazy J Tavern
was located on the property for years.
• The wells located on the adjacent properties will be impacted if the applicant utilizes the existing
onsite well for pressurized irrigation.
• Questions if this will be an upper end development or if it will have an effect on the property
values of the adjacent properties.
• The proposal is in conflict with the comprehensive plan (Ada County).
• In the event the pressurized irrigation is connected to the existing well and the well fails, what is
the recourse?
• Will emergency services be able to get through the private streets if vehicles are parked outside of
the garages within the development?
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• They support annexing the property to ensure the property is developed in conformance with City of
Eagle requirements.
• They are supportive of the proposed density and the proposed development fits well within the area
where it is located.
• Due to the unique shape and size of the property the proposed residential development is a good use of
the property.
• The proposed development is surrounded by a park, landfill buffer area, and a residential subdivision,
therefore, it is a compatible with the area.
• The proposed development should not affect wildlife as identified in correspondence provided by the
Idaho Fish and Game Department.
• Although neighbors testified they would like the city to purchase the property for a park it should be
noted that the property is privately owned and zoned commercial, therefore, the cost to purchase the
property would be substantially high.
• The applicant has the right to develop a commercial use on the site, however, they desire to develop a
residential subdivision which is the best use of the property.
• Although the development consists of 24 -dwelling units the proposed dwelling units will be located
within 12 -structures so the appearance of the subdivision will not appear to be so dense.
• Although the architectural design of the proposed dwelling units will fit well within the area the
architectural design of the residential units should be reviewed and approved by the Design Review
Board prior to issuance of a building permit to assure they are compatible with the surrounding area
and the mechanical units are properly screened.
• The water rights associated with the existing well were established in the 1940s, therefore, the
applicant should be required to utilize the existing well for the pressurized irrigation system unless the
existing well has failed. In that case the applicant should be required to provide documentation from a
qualified professional indicating the existing well has failed.
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• The street curbing proposed by the applicant should be approved.
• Although the applicant is proposing additional guest parking there may be parking issues in the future.
• The HVAC units serving the residential dwellings should be screened.
COMMISSION DECISION REGARDING THE COMPREHENSIVE PLAN AMENDMENT:
The Commission voted 3 to 0 (Guerber and Koellisch absent) to recommend approval of CPA -02-16 for a
comprehensive plan amendment to High Density Residential for Guy Hendrickson/Greg McVay.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH
DEVELOPMENT AGREEMENT (IN LIEU OF A CONDITIONAL USE PERMIT):
The Commission voted 3 to 0 to recommend approval of A-07-16/RZ-12-16 for an annexation and rezone
from C2 (Community Commercial — Ada County designation) to MU -DA (Mixed Use with development
agreement [in lieu of a conditional use permit]) for Guy Hendrickson/Greg McVay, with the following
staff recommended conditions of development to be placed within a development agreement with
underline text to be added by the Commission and strike through text to be deleted by the Commission:
3.1 The residential use shall be a permitted use on the Property. The maximum density for the Property
shall be 12.12 -dwelling units per acre (24 -dwelling units).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.4 The setbacks and lot coverage shall be as follows:
Front: 810 -feet living space /4 -98 -feet garage
Rear: 5 -feet
Interior Side: 0 -feet
Exterior Side: 5 -feet (two story), 2 -feet (Lot 1 only)
Maximum Lot Coverage: 65%
3.5 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an
operation and maintenance manual including the funding mechanism as an addendum to the
CC&Rs and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified ant that the homeowners association or other entity cannot be
dissolved without the express consent of the city.
(b) A maintenance manual for the private streets requiring the association(s) shall have the duty to
maintain and operate all of the private streets including the repair and replacement of asphalt
and sidewalks, in perpetuity.
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(c) A requirement that no parking is allowed on the private streets or on the driveway in front of
the garage and a mechanism for the enforcement of the no parking requirement.
(d) A requirement for all fencing located adjacent to open space to be open -style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or three -rail -type wooden
decorative fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be prohibited.
(e) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be
deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
3.6 The single-family attached dwellings shall be constructed utilizing the style architecture as shown on
Exhibit "D."
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CCR&S. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permit applications that do not have an approval letter attached will not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not meet the design requirements as may be
stipulated by the Eagle Design Review Board and Eagle City Council.
3.7 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the
submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide
proof of central sewer service to the proposed residential and commercial uses. A letter of approval
shall be provided to the City from the Idaho Department of Health and Welfare, Department of
Environmental Quality, and/or Central District Health, prior to issuance of any building permits.
3.8 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the all common areas throughout the development, 3) landscape
screening details and buffering for the residential units adjacent to North Horseshoe Bend Road 4)
elevation plans for all proposed common area structures, clubhouse, 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 prior
to the submittal of the final plat.
3.9 Prior to construction of all or a portion of the defensible space buffer (as identified on the Concept
Plan, Exhibit `B") Owner shall be required to comply with the following:
A. Any fencing located between Property and Ada/Eagle Sports Complex Area shall match the
existing fence located on the south side of the park.
B. No direct entry from the Property to the park shall be permitted with the exception of service
only access located at the south end of the Property.
C. Any landscaping that is required for the defensible space buffer area shall be coordinated with
the City of Parks and Recreation Department. In the event the defensible space buffer area
impacts any bike park features Owner will be required to work with Parks and Recreation
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Department staff to redesign, move, and restore the bike park feature at Owner's expense. Any
proposed landscaping shall be reviewed and approved by the Design Review Board prior to
installation. In the event a defensible space buffer area is constructed the Tandem Ridge
Subdivision Homeowner's Association shall be responsible for the operation and maintenance of
the defensible space buffer area.
D. The sidewalk to be located adjacent to Horseshoe Bend Road shall connect to the existing
sidewalk located south of the development.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Guerber and Koellisch absent) to recommend approval of PP -07-16
(Exhibit "A") for a preliminary plat for Tandem Ridge Subdivision for Guy Hendrickson/Greg McVay,
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:
1. Comply with all conditions within the development agreement for rezone application RZ-12-16.
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. (ECC 9-2-3[C][3][1])
4. The applicant shall pay the required $25,200.00 preliminary plat Storage Trunk Line fee along with
the associated final plat Storage Trunk Line fee at the time of submittal of the final plat application.
(Resolution No. 08-09)
5. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas or private lots (unless approved for removal by the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to
protect all trees that are to be preserved, prior to the commencement of any construction on the site.
6. If a reduced buffer area located adjacent to North Horseshoe Bend Road is approved, the proposed
landscaping located adjacent to North Horseshoe Bend Road shall be commensurate with landscaping
requirements pursuant to Eagle City Code Section 8-2A-7(J)(4)(a). The landscape plan shall be
reviewed and approved by the Design Review Board prior to submittal of a final plat application.
7. Provide a revised preliminary plat which includes a new plat note that states, "All development within
this subdivision shall be consistent with the Conditions of Development of the development agreement
associated with RZ-12-16 and subsequent modifications." The revised preliminary plat shall be
provided prior to submittal of a final plat application.
8. Should the Council approve the design of the private streets (with the exception of the proposed
standard rolled curbs), the applicant shall provide a revised preliminary plat with plat note #10 revised
to contain the following information: 1) conveys 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, 2)
provide that such perpetual easement shall run with the land, 3) 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. The revised
preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9-3-2-5[C][2])
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10. Provide a revised preliminary plat showing the private streets (Lazy J Lane and Tandem Ridge Lane)
located within a separate common lot. The revised preliminary plat shall be provided prior submittal of
a final plat application. (ECC 9-2-2-5[C][2])
11. Provide a revised preliminary plat showing Tandem Ridge Lane as a one-way street. The revised
preliminary plat shall also show vertical curbing located adjacent to the private streets. The revised
preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9-3-2-5)
12. One -Way signage shall be placed at the intersections of Tandem Ridge Lane and Lazy J Lane prior to
the City Clerk signing the final plat.
13. One (1) side of the private streets shall be posted with "No Parking -Fire Lane" signs. The locations
and styles of signs shall be approved by the Eagle Fire Department prior to posting of the signs. The
"No Parking -Fire Lane" signs shall be posted prior to the City Clerk signing the final plat.
14. The applicant should be required to provide a revised preliminary plat with plat note #1 revised to
state, "A drainage easement five feet (5') in width will be provided adjacent to the subdivision
boundary line." The revised preliminary plat shall be provided prior to submittal of a final plat
application. The applicant shall be required to demonstrate how the utilities and pressurized irrigation
will be distributed throughout the site (without using the five foot (5') wide drainage easement around
the perimeter of the site) at the time of submittal of the final plat application.
15. Provide a revised preliminary plat with plat note #2 revised to state, "Lot 25, Block 1, is designated as
a common lot which shall be owned and maintained by the Tandem Ridge Subdivision Homeowner's
Association." The revised preliminary plat shall be provided prior to submittal of a final plat
application. (ECC 9-3-8[4][a])
16. Provide a revised prefiminafy plat showing the front setbaek te be 8 feet for- the residential living
peFtien of the heme and 10 feet to the gar -age. The revised preliwAnar-y plat shall be provided prier- to
submittal of a final plat appheatieft.
17. Provide a revised preliminary plat with a new plat note that states, "Minimum building setbacks shall
be in accordance with City of Eagle applicable zoning and subdivision regulations or as specifically
approved with the development agreement associated with RZ-12-16 or any subsequent
modifications." The revised preliminary plat shall be provided prior to submittal of a final plat
application. (ECC 8-2-4)
18. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk
signing the final plat. (ECC 9-4-1-8)
19. The waiver of the requirement to provide pressurized irrigation is denied. The applicant shall connect
the pressurized irrigation system to the existing well located onsite prior to the City Clerk signing the
final plat. In the event the existing well cannot be utilized for the pressurized irrigation system (due to
the condition of the well) the applicant shall be required to provide documentation from a professional
engineer indicating the existing well has failed and will not support the subdivision pressurized
irrigation system.
20. Provide a revised preliminary plat showing a pressurized irrigation system to be constructed in
accordance with the City of Eagle standards and operated and maintained by the Tandem Ridge
Subdivision Homeowners' Association. The revised preliminary plat shall be provided prior to
submittal of a final plat application.
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21. Provide a revised preliminary plat with a new plat note that states, "The Tandem Ridge Homeowners'
Association is responsible for the operation and maintenance of the pressurized irrigation system." The
revised preliminary plat shall be provided prior to the City Clerk signing the final plat.
22. The applicant shall be required to obtain the proper permit and subsequently abandon the existing
septic system(s) and drainfield(s) located onsite. Upon removal the applicant shall provide
documentation from Central District Health Department indicating the septic system(s) and
drainfield(s) were properly abandoned prior to the City Clerk signing the final plat.
23. Tandem Ridge Subdivision shall remain under the control of one Homeowners' Association.
24. Design Review Board approval of the detailed architectural plans for the residential dwellinjes is
required prior to the issuance of building permits.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
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10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.The applicant shall delineate on the face of the final plat an
easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light
fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City
Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
C. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
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square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Parks and Pathways Development Commission
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways
Development Commission prior to approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
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27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of Meet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed comprehensive plan
amendment (CPA -02-16) and based upon the information provided concludes that the proposed
comprehensive plan amendment to High Density Residential is appropriate because:
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The Comprehensive Plan lists goals to "Establish land use patterns and zoning districts that do not
exhaust available services such as sewer, water, ... and transportation systems" as well as promote
"a high quality of life and livability in the community." Because sewer and water are immediately
available to the area from within the existing City limits, there will be no requirement to extend
these services and no additional costs to do so, other than by those who will develop the properties.
The proposed use will provide additional diversity of housing in the area while protecting the
lifestyles of those who have made Eagle their home. The inclusion of this site in the Eagle
Comprehensive Plan will diminish the overall development intensity for the site and ensure the use
of the site as residential which is consistent with the other land uses located within the area.
Significant safeguards for the eventual development of the site are contained within and the
development agreement for the site.
2. The Commission reviewed the particular facts and circumstances of this proposed annexation and
rezone development agreement (A-07-16 & RZ-12-16) with regard to Eagle City Code Section 8-7-5
"Action by the Commission and Council", and based upon the information provided concludes that the
proposed rezone is in accordance with the City of Eagle Comprehensive Plan and established goals
and objectives because:
a. The zoning designation of MU -DA (Mixed Use with a development agreement) is consistent with
the High Density Residential Use designation as shown on the Comprehensive Plan Land Use
Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the RR (Rural Residential — Ada County Designation) land use to
the north since that area is portion of the Ada/Eagle Sports Complex;
d. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the RR (Rural Residential — Ada County Designation) land use to
the south since that area is portion of the Ada/Eagle Sports Complex;
e. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the RR (Rural Residential — Ada County Designation) land use to
the east since that area is portion of the Ada/Eagle Sports Complex;
f. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the R -2-P (Residential — PUD) zone and land use to the west
since that area is developed with a residential subdivision (Eagle Crest Subdivision) with a density
that is compatible with the proposed subdivision;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan;
h. No non -conforming uses are expected to be created with this rezone.
3. The Commission reviewed the particular facts and circumstances of this proposed development
agreement in lieu of a conditional use permit, and based upon the information provided concludes that
the proposed development is in accordance with the terms of Eagle City Code Section 8-7-3-2,
"General Standards For Conditional Uses" because:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City
Code Title 8) for the zoning district involved;
Since a residential use requires a conditional use in the MU (Mixed Use) zoning designation as
established in Eagle City Code Section 8-2-3: Schedule of District Use Regulations and all
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development requiring a conditional use permit in the MU (Mixed Use) zoning district, shall occur
under the PUD and/or development agreement process in accordance with Chapter 6: Planned
Unit Developments of Eagle City Code unless the proposed development does not meet the area
requirements as set forth in Eagle City Code Section 8-6-5-1. The minimum area requirements for
a residential PUD is three (3) acres. The subject property is 1.98 -acres in size, therefore, is not in
conformance with the minimum area required for a residential PUD. Due to the size of the subject
parcel, a conditional use permit is required unless the proposed use is shown as a permitted use in
the MU (Mixed Use) zoning district. When a property is being proposed for rezone to the MU
(Mixed Use) zoning district, a development agreement may be utilized in lieu of the PUD and/or
conditional use process if approved by the City Council, provided the development agreement
includes conditions of development that are required during the PUD and conditional use process.
Therefore, a development agreement is being utilized in lieu of a conditional use permit.
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
The applicant has requested approval for a development agreement in lieu of a conditional use
permit as outlined in Eagle City Code and the application satisfies those requirements as well as
will be required to meet the conditions herein. In addition, the applicant will be required to submit
a design review application and comply with all Eagle City Codes and conditions of approval of
the design review. The proposed development will consist of single-family attached residential
dwellings (two-units/structure).
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will not
change the essential character of the same area;
The development will be designed to complement the general vicinity and provide aesthetically
pleasing architecture to enhance the character of the area. The architecture of the residential
dwellings will be reviewed and approved by the Design Review Board prior to issuance of a
building permit.
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
Tandem Ridge Subdivision is proposed to be developed in a manner harmonious with existing
uses in the general vicinity. The triangular shaped property is located across Horseshoe Bend Road
from a single-family residential subdivision with approximately six (6) dwelling units/acre. The
remaining two (2) sides of the development are bordered by the Ada/Eagle Sports Complex which
contains biking and hiking trails. The project is being developed to cater to outdoor enthusiasts
who may utilize the adjacent park.
D. 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; or that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide adequately
any such services;
The subject property is fronted by and will take access from Horseshoe Bend Road (collector). All
central services are either available to the site or will be provided as conditioned herein, as noted
within the letters provided by the agencies having jurisdiction over the site. Development of sewer,
water, drainage, streets, and other urban services will be provided at the developer's expense.
E. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water, or highway district. Because the developer
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provides the services in the initial stages of development the public service providers avoid
potential liability and expenses.
F. Will not involve uses, activities, processes, materials, equipment and 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 a residential use and it has been determined that the proposed use
will not be detrimental to the surrounding properties upon completion of the site work.
G. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding public thoroughfares;
Access to the development will be from Horseshoe Bend Road (collector) which provides access
to the internal streets of the proposed development. The interior streets will be private and will be
constructed in conformance with standards pursuant to Eagle City Code.
H. 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 this site.
4. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP -07-16) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the approved zoning designation of MU -DA (Mixed
Use with a development agreement [in lieu of a conditional use permit]).
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City
Code since the development is consistent with the Comprehensive Plan Land Use Map designation
of High Density Residential and provides the required improvements for a subdivision or as may
be conditioned herein;
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use will
not change the essential character of the same area and because this site will be designed in
accordance with the standards of Eagle City Code and the applicant will be required to submit a
design review application so that the architecture of the proposed residential dwellings will be
reviewed and approved by the Design Review Board prior to construction;
d. Will not create excessive additional requirements at public cost for facilities and services as the
site will be served with central sewer from the Eagle Sewer District and will use public water to be
served from City of Eagle Municipal Water System. Fire protection will be available from the
Eagle Fire Department and fire hydrants will be provided where required;
e. Will have vehicular approaches to the property designed to not create an interference with traffic
on surrounding public thoroughfares since the project is required to be reviewed and approved by
the Ada County Highway District and is subject to the conditions herein and within the ACHD
approval attached to the staff report;
f. While there is no capital improvement program, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
individual lots as conditions of approval;
g. That based upon agency verification and additional written comments provided, or as conditioned
herein, there is adequate public financial capability to support the proposed development;
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h. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of the preliminary
plat and subsequent final plat approval as set forth within the conditions of approval herein.
DATED this 9th day of January, 2016
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman �•�••04
ATTEST: �4
Sharon K. Bergmann, Eagle City Clerk ,,,'•• s?'p'PB�
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