Findings - CC - 2017 - RZ-07-16 & PP-05-16 - Rezone From Mu Ato Muda With DaBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A REZONE FROM MU (MIXED USE)
TO MU -DA (MIXED USE WITH A
DEVELOPMENT AGREEMENT IN LIEU
OF A PUD) AND PRELIMINARY PLAT
FOR LONESOME DOVE SUBDIVISION
NO. 2 FOR ZACH EVANS CONSTRUCTION
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-07-16 & PP -05-16
The above -entitled rezone with development agreement in lieu of a PUD and preliminary plat applications
came before the Eagle City Council for their consideration on December 13, 2016, at which time public
testimony was taken and the public hearing was closed. The Council pursuant to Idaho Code 67-6510,
made a motion to require mediation between the River District Homeowner's Association and the
applicant. As part of the motion, the Council required the following items be discussed: 1) premium trash
service should be required for the 34 -dwelling units accessed from alleys (Preliminary Plat Site Specific
Condition #11), 2) The operation and maintenance of the private alleyways and private driveways should
be addressed with a manual contained within the CC&Rs (Development Agreement Condition of
Development #3.5), 3) Seek consensus to the applicant's proposal to lower the setback from 18 -feet to 15 -
feet along East Lone River Drive to provide for sufficient space for longer vehicles in the garages (22 -feet),
and 4) Seek consensus or recommendation with respect to providing a five to eight foot (5'-8') wide buffer
(located adjacent to the west property line) to be cost shared between Lonesome Dove Subdivision No. 2
and the development to the west (Boise Hunter Homes). A mediation session was conducted on January
11, 2017. Upon completion of the mediation session an agreement was reached.
Upon completion of the mediation the above -entitled rezone with development agreement in lieu of a PUD
and preliminary plat applications came before the Eagle City Council for their action on February 14,
2017. The City Council having heard and taken oral testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Zach Evans Construction, represented by Mark Butler, is requesting a rezone from MU (Mixed
Use) to MU -DA (Mixed Use with a development agreement [in lieu of a PUD]) and preliminary
plat approvals for Lonesome Dove Subdivision No. 2, a 75 -lot (68 buildable, 7 common)
residential subdivision (re -subdivision Lot 1A, Block 2, Lot 1B, Block 2, and Lot 1, Block 1,
Lonesome Dove Subdivision). The 4.36 -acre site is generally located at the southeast and
southwest corners of East Riverside Drive and South Lone Brook Way.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall, 660 East Civic Lane, Eagle, Idaho 83616 at
6:00 PM, Monday, July 25, 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 July 28,
2016. Reductions of the Preliminary Plat, Lot Layout, and Preliminary Engineering and Existing
Conditions were submitted to the City of Eagle on July 29, 2016. A revised preliminary plat was
submitted on September 22, 2016.
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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 October 1, 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 September 28, 2016. Requests for agencies'
reviews were transmitted on August 5, 2016, in accordance with the requirements of the Eagle
City Code. The site was posted in accordance with the Eagle City Code on October 6, 2016.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
November 28, 2016. Notice of this public hearing was mailed to property owners within 300 -feet
of the leased area in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code on November 22, 2016. The site was posted in accordance with the Eagle City
Code on November 30, 2016.
D. HISTORY OF PREVIOUS ACTIONS:
On July 11, 2006, the City Council approved an annexation and rezone with development
agreement for this site (A-12-05/RZ-19-05).
On September 26, 2006, the City Council approved the final conditions to be placed within a
development agreement (RZ-19-05).
On January 23, 2007, the City Council approved the preliminary plat for Lonesome Dove
Subdivision (PP -18-06).
On March 27, 2007, the City Council approved the common area landscaping for Lonesome Dove
Subdivision (DR -01-07).
On August 14, 2007, the City Council approved a development agreement modification to increase
the commercial building footprint size and provide a single tenant retail and restaurant maximum
size (RZ-19-05 MOD).
On August 14, 2007, the City Council approved two multi -tenant retail/restaurant/office buildings
within Lonesome Dove Subdivision (DR -30-07).
On December 18, 2007, the City Council approved the final plat for Lonesome Dove Subdivision
(FP -10-07).
On June 24, 2008, the City Council approved a design review application for a modification to two
multi -tenant retail/restaurant/office buildings within Lonesome Dove Subdivision (DR -30-07
MOD).
On August 7, 2008, City staff approved a design review for modification to the architectural
design of the clubhouse within Lonesome Dove Subdivision (DR -01-07 MOD).
On October 28, 2008, the City Council approved a development agreement modification to revise
the residential setbacks, increase the maximum height of a commercial building, and allow for a
temporary sales office (RZ-19-05 MOD1).
On November 18, 2008, the City Council approved the preliminary plat for Lonesome Dove II
Subdivision (PP -03-08).
On January 12, 2010, the City Council approved a one (1) year extension of time for the
preliminary plat for Lonesome Dove Subdivision II for Lonesome Dove, LLC. The extension of
time is valid until December 23, 2010 (EXT -27-09).
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On March 8, 2011 the City Council approved a one (1) year extension of time for the preliminary
plat for Lonesome Dove Subdivision II for Taunton Properties LLC. The extension of time is valid
until December 23, 2011 (EXT -14-10).
On May 27, 2014, the City Council approved a vacation of public utility easements located
adjacent to the interior lot lines common to Lot 2-7, Block 6, and Lots 16-21, Block 7, of the final
plat of Lonesome Dove Subdivision for Taunton Properties, LLC (VAC -04-14).
On September 4, 2014, a Lot Line Adjustment Record of Survey associated with the lot lines
common to Lot 2-7, Block 6, and Lots 16-21, Block 7, of Lonesome Dove Subdivision for
Taunton Properties, LLC (LLA -02-14).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN ZONING
DESIGNATION DESIGNATION
Mixed Use
No Change
Mixed Use
Mixed Use
Mixed Use
Mixed Use
MU (Mixed Use)
MU -DA (Mixed Use with a
development agreement [in
lieu of a PUD])
MU -DA (Mixed Use with a
development agreement [in
lieu of a PUD])
MU -DA (Mixed Use with a
development agreement [in
lieu of a PUD])
MU -DA (Mixed Use with a
development agreement[in
lieu of a PUD])
MU -DA (Mixed Use with a
development agreement [in
lieu of a PUD])
LAND USE
Vacant lots
Single-family (attached)
residential subdivision
ACHD Park and Ride,
State Highway 44, Eagle
River Development
Lonesome Dove
Subdivision
Lonesome Dove
Subdivision
Vacant Parcel
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site — 4.36 -acres
Total Number of Lots — 75
Residential — 68
Commercial — 0
Industrial — 0
Common — 7
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Total Number of Units — 68
Single-family — 68
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
ADDITIONAL SITE DATA
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
Percent of Site as Common Area
PROPOSED
15.63 -dwelling units per acre
1,414 -square feet
21 -feet
21 -feet
0.92 -acres (.47 -private alley, .45 -
open space)
10% (area minus the private
alleys)
REQUIRED
15.63 -dwelling units per acre
(limited pursuant to the
development agreement)
5,000 -square feet
Except that a decrease of minimum
lot size in a subdivision may be
allowed if there is an offsetting
increase of the same square -footage
in open space and a planned unit
development is applied for and
approved) - per ECC Section 8-6-5-5
(A).
50 -feet
35 -feet
0.87 -acres (minimum)
20%
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.
* The above numbers are calculated for the Lonesome Dove Subdivision No. 2 plat only. However, staff is factoring
in the entire Lonesome Dove development when considering density and open space for the application. The
entire 41.2 -acre Lonesome Dove development (including Lonesome Dove No. 2) has 7.9 -dwelling units per acre
and 49.5% open space.
I. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat, date stamped by the city on September 22, 2016, does not show the common
lot located between the residential lots and East Riverside Drive to be 35 -feet in width. East
Riverside Drive is classified as a collector. Pursuant to Eagle City Code, Section 8-2A-7(J)(4)(a) a
thirty-five foot (35') wide buffer area with a minimum five to eight foot (5' to 8') high berm,
decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided adjacent to collectors.
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Open Space:
A total of 0.92 -acres of open space is proposed within this phase of the residential subdivision.
The common areas are comprised of a common lot located adjacent to East Riverside Drive (Lot 1,
Block 18), a common lot located at the southwest corner of East Riverside Drive and East Lone
River Drive (Lot 26, Block 19), and five (5) private alleys which provide access to the residential
units. Lot 1, Block 18, is also proposed to contain sidewalks which provide access to the
residential units located between East Riverside Drive and East Lone River Drive.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 -feet wide, except
that lesser easement widths, to coincide with respective setbacks, may be considered as part of a
planned unit development (PUD). The property was originally approved for a MU -DA (Mixed Use
with a development agreement in [lieu of a PUD]) zoning designation and the applicant is
requesting a development agreement in lieu of a PUD pursuant to Eagle City Code.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no): No
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. The site has mature trees located within Lot 1, Block 2, Lonesome Dove 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.
J. STREET DESIGN:
Public Streets:
The preliminary plat, date stamped by the city on September 22, 2016, shows two (2) street
sections associated with the interior streets of the proposed development. The street sections show
a 24 -foot right-of-way (and paved alley) and a 35 -foot typical right-of-way street section.
The preliminary plat, date stamped by the city on September 22, 2016, shows a 20 -foot wide
private alley section (measured from back of curb to back of curb, with two (2) 10 -foot wide travel
lanes with a concrete valley gutter located in the center of the alley way. The travel way is
bordered on each side with 12 -inch wide concrete ribbon curbing.
Blocks Less Than 500': None
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Cul-de-sac Design: None proposed
Sidewalks:
The applicant is proposing East Lone River Street with an attached five-foot (5') wide sidewalk
located on the south side of the street. There is an existing five-foot (5') wide detached sidewalk
located adjacent to East Riverside Drive.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications shall be
provided to the City Zoning Administrator prior to the City Engineer signing the final plat.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under "Open Space" 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.
L. PUBLIC USES PROPOSED: None proposed
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — yes — The western half of Lot 1, Block 2, Lonesome Dove Subdivision is located
within the 1 %-chance floodplain area.
Mature Trees — yes — located on Lot 1, Block 2, Lonesome Dove Subdivision in proximity to East
Riverside Drive.
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — no
Unique Plant Life — no
Unstable Soils — no
Wildlife Habitat — no
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
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Q.
City Engineer: All comments within the engineer's letter dated September 27, 2016 (2nd Review),
are of special concern (attached to the staff report).
Ada County Highway District
Ballentyne Ditch Company
Central District Health
Department of Environmental Quality
Eagle Fire Department
Republic Services
Tesoro Logistics
West Ada School District
LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from Michael and Helen Segerdal, date stamped by the city on October
11, 2016.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or Development
Agreement process, see specific planning area text for a complete description. An allowable
density of up to 20 units per 1 acre.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-1-2: Rules and Definitions:
DWELLING, MULTI -FAMILY: A dwelling consisting of three (3) or more dwelling units
including townhouses and condominiums with varying arrangements of entrances and party
walls. Multi -family housing may include public housing.
EASEMENT: Authorization by a property owner for the use by another, and for a specified
purpose, of any designated part of his property.
LOT TYPES: Terminology used in this title with reference to corner lots, interior lots and
through lots is as follows:
Through Lot: A lot other than a corner lot with frontage on more than one street. Through lots
abutting two (2) streets may be referred to as double frontage lots.
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• Eagle City Code, Section 8-2-1: Districts Established:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited
office, limited commercial, and residential. This district is intended to ensure compatibility of
new development with existing and future development. It is also intended to ensure
assemblage of properties in a unified plan with coordinated and harmonious development
which shall promote outstanding design without unsightly and unsafe strip commercial
development. Uses should complement the uses allowed within the CBD zoning district. All
development requiring a conditional use permit in the MU zoning district, as shown in section
8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in
accordance with chapter 6 or 10 of this title unless the proposed development does not meet
the area requirements as set forth in section 8-6-5-1 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 8-2-1: Schedule of District Use Regulations:
Single-family and multi -family 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*
IMU 1135' 120' 20' 17.5' I20' 150% 115,000 1150' I
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
• Eagle City Code, Section 8 -2A -7(J): Buffer Areas/Common Lots:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi -family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy,
potentially dangerous, high speed roads. The "buffer area" shall be defined as a common
lot located between the residential lots within the subdivision and the right of way line of
the adjacent roadway. This buffer is required as part of the common area open space
owned and maintained by a homeowners' association. Any landscaping proposed to be
within the public right of way shall not be included as a part of the buffer area required
below. The height for berming/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway (measured at the centerline) to the top
of the proposed berming/fencing. The required buffer area width, plantings, and fencing
are as follows:
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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/ornamental 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 8-4-5: Schedule of Parking Requirements:
Type Of Use
RESIDENTIAL
Apartments
or multi-
family
dwellings
Off Street Parking Spaces
Required
For each unit with 2 or more
bedrooms - 2 including 1 covered;
for each 1 bedroom or studio unit -
1.5 including 1 covered. 0.25
spaces per unit shall be provided
for guest parking. Adjacent on
street parking spaces on a local
street may be credited toward the
guest parking requirement
• 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.
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C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-3-2-1(J):
Driveways: Driveways providing access to no more than two (2) dwelling units shall be
allowed within any subdivision.
• 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, 9-3-8 (D)(4): Public Sites and Open Spaces: Ownership and
Management of Open Space:
a. Ownership Of Open Space: The applicant must identify the owner of the open space who
is responsible for maintaining the open space and facilities located thereon. If a
homeowners' association is the owner, membership in the association shall be mandatory
and automatic for all homeowners of the subdivision and their successors. If a
homeowners' association is the owner, the homeowners' association shall have lien
authority to ensure the collection of dues from all members. The responsibility for
maintaining the open space and any facilities located thereon shall be borne by the owner.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
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.
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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.
D. DISCUSSION:
• The subject site consists of Lot 1, Block 1, and Lots 1 A -B, Block 2, of Lonesome Dove
Subdivision. A preliminary plat (Lonesome Dove Subdivision II) consisting of 75 -lots (68
buildable, 7 common) was previously approved for a re -subdivision of the subject property on
November 18, 2008, and subsequently expired in 2011. Condition of development #3.3 of the
executed development agreement (instrument #107128273) associated with Lonesome Dove
Subdivision allowed up to 226 -residential units within the development. When the final plat
was approved for Lonesome Dove Subdivision the subject lots (Lot 1, Block 2 and Lot 1,
Block 1) were proposed to contain multi -family dwellings consisting of 120 residential units.
• The preliminary plat date stamped by the City on September 22, 2016, shows all of the
proposed residential lots to be below the required 5,000 -square foot minimum lot size for the
MU (Mixed Use) zoning designation. Under a PUD application, lot sizes are allowed to be
below the minimum lot size provided 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. It should be noted that the overall Lonesome
Dove development does have adequate open space to compensate for the reduction in lot sizes
if the Commission and Council were to determine that the reductions are appropriate.
• Pursuant to Eagle City Code Section 9-3-5, lots within any subdivision shall comply in all
respects with the "Official Height and Area Regulations" as set forth in Section 8-2-4. The
applicant is requesting a MU -DA (Mixed Use with a development agreement [development
agreement in lieu of a PUD]) 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 to be located on individual lots
separating each unit. As provided within the applicant' s narrative, date stamped by the city
July 28, 2016, the applicant is requesting the following setbacks:
Street Front and Street Side 18 -feet (measured from back of curb)
Collector Street Side 35 -feet (measured from back of curb)
(E. Riverside Drive) (except for minor reductions at the locations of
three of the townhome in order to provide for
Architectural variations for the E. Riverside
Drive facing walls of the three townhomes to be
located on Lots 2, 13, and 14 of Block 18)
Street Side 5 -feet (measured from back of curb)
(north side of E. Lone River Drive)
Attached sidewalk shall be located on the south side of E. Lone River Drive with no sidewalk
on the north side
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Alley 4 -feet (measured from edge of alley)
Maximum Coverage: No Maximum coverage - Zero Lot line
development
The applicant's proposed setbacks do not address the rear loaded units located on the south
side of East Lone River Drive. The proposed setbacks also do not address the street side
setbacks for those units located on the south side of East Lone River Drive or the north side of
East Lone Creek Drive. In regard to the collector street side setback (E. Riverside Drive), the
proposed setback provides an exception for minor reductions at locations of three of the
townhomes to provide for architectural variations to encroach into the required setback. The
three lots identified in the proposed setback are Lots 2, 13, and 14, Block 18, however, one of
those lots (Lot 13) is not located adjacent to East Riverside Drive. The three lots that should be
identified are Lots 2, 14, and 15, Block 18. Also, the proposed setback does not identify the
width of encroachment into the required setback nor was an exhibit showing the encroachment
area provided. The preliminary plat, date stamped by the city on September 22, 2016, shows
the dwelling footprints on the subject lots encroaching into the required setback approximately
three feet (3') in width. The area of the dwelling encroaching into the setback is approximately
50% of the structure.
It is staff's opinion that the setbacks should be as follows:
Street Front 18 -feet (measured from back of curb)
Collector Street Side
(E. Riverside Drive)
Interior Side
Street Side
(E. Lone River Drive)
Side adjacent to common area
Alley
Maximum Coverage:
35 -feet (measured from back of curb)
(an exception of 3 -feet in width for up to 50% of
the structure may be permitted to provide for
architectural variations for the E. Riverside
Drive facing walls of the three townhomes to be
located on Lots 2, 14, and 15 of Block 18)
0 -feet
5 -feet (measured from back of curb)
5 -feet
4 -feet (measured from edge of alley)
No Maximum coverage
• Plat note #5 of the preliminary plat, date stamped by the City on September 22, 2016,
identifies the common lots located within the subdivision. The common lots are a combination
of open space lots and private alley lots. The plat note does not address who is responsible for
the operation and maintenance of the common lots. Plat note #11 addresses the cross access
and the maintenance of the private alley lots but does not identify which lots contain the
private alleys. Since the open space lots and the private alley lots serve separate purposes the
applicant should be required to use separate plat notes to identify the common lots based on
use. The applicant should provide a revised preliminary plat with plat note #5 revised to state,
"Lot 1, Block 18 and Lot 26, Block 19 are common/open space lots to be owned and
maintained by the Lonesome Dove No. 2 Homeowners Association." The revised preliminary
plat should be provided prior to submittal of a final plat application. In regard to the private
alley lots, the lot and block numbers should be identified on plat note #11 since that plat note
addresses cross access and maintenance of those lots. The applicant should provide a revised
preliminary plat with plat note #11 revised to state, "The residential lots located adjacent to
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Lot 1, Block 17, Lots 8, 21, & 35, Block 18, and Lot 20, Block 19 (common lots/private alley)
shall a) have the perpetual right of ingress and egress over said lots, b) provide that the
easement shall run with the land, c) provide that the owners located adjacent to said lots shall
be responsible for the maintenance of the common lots/private alley, and d) provide that a
restrictive covenant for maintenance of the common lots/private alley cannot be modified
without the express consent of the city. The revised preliminary plat should be provided prior
to submittal of a final plat application.
• Plat note #6 of the preliminary plat, date stamped by the city on September 22, 2016, states,
"See conditions of development agreement (RZ-19-05 and its modifications) for additional
information." The rezone number associated with the subject application is RZ-07-16. The
applicant should be required to provide a revised preliminary plat with plat note #6 revised to
state, "This subdivision is subject to the development agreement associated with RZ-07-16
and any subsequent modifications." The revised preliminary plat should be provided prior to
submittal of a final plat application.
• Plat note #8 of the preliminary plat, date stamped by the city on September 22, 2016, states,
"Minimum building setback lines shall be in accordance with the setbacks as set forth in the
conditions of the development agreement (RZ-19-05 and its modifications) at the time of
issuance of a building permit." The development agreement associated with rezone,
application RZ-19-05, has expired and is no longer in effect. The applicant should provide a
revised preliminary plat with plat note #8 revised to state, "Minimum building setback lines
shall be in accordance with the City of Eagle Zoning Ordinance at the time of issuance of the
building permit or as specifically approved by the conditions of development for RZ-07-16
and any subsequent modifications." The revised preliminary plat should be provided prior to
the submittal of a final plat application.
• The preliminary plat, date stamped by the city on September 22, 2016, shows the E. Lone
River Drive street section with a single five foot (5') wide attached sidewalk located on the
south side of the street. The residential units located north of E. Lone River Drive will have
pedestrian access via sidewalks located between E. Lone River Drive and E. Riverside Drive.
Pursuant to Eagle City Code Section 9-4-1-6(F), sidewalks a minimum five feet (5') in width
are required on both sides of the street. The sidewalks are to be separated from the edge of the
abutting roadway and/or back of curb by a minimum eight foot (8') wide landscape strip.
However, because this public road essentially acts as an alley providing rear access to the
residential lots along the south side of the road and access to the drive aisles on the north side
of the road, staff considers it appropriate to allow the single attached sidewalk to be located on
the south side only.
• Eagle City Code Section 8 -2A -7(J)(4) requires a five (5') to eight (8') foot high and thirty five
foot (35') wide buffer area be provided when residential uses abut any road designated as a
collector. According to the preliminary plat, the proposed residential lots are located adjacent
to East Riverside Drive, which is a residential collector. A typical five foot (5') wide sidewalk
and eight foot (8') to ten (10') foot wide landscape strip has been constructed along this
portion of the property. The thirty five foot (35') wide landscaped buffer was not addressed in
the previously approved design review nor was it required for the previously approved
Lonesome Dove Subdivision II that was previously approved for this site.
Staff recognizes that buffering between the residential uses and the collector needs to be
addressed; however, due to the proposed mix of uses for the entire development, (which will
include retail shops and offices as well as residential) and in order to maintain the desired
urban feel of the development, staff thinks that it may be appropriate to require the applicant to
instead construct a five foot (5') high decorative masonry wall. The wall will provide a
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suitable buffer between the uses and will create a more urban aesthetic feel to the development
than would the typical thirty five foot (35') landscaped buffer. In lieu of the installation of a
landscape buffer berm located adjacent to East Riverside Drive in accordance with Eagle City
Code Section 8-2A-7(J)(4)(a) the applicant should construct a five foot (5') high decorative
masonry wall. The applicant should provide detailed cut sheets (showing material, color,
design, etc.) of the five foot (5') high decorative masonry wall that extends along East
Riverside Drive between the proposed residential lots and the road. The cut sheets should be
provided with the required design review application for the proposed townhomes and should
be reviewed and approved by the Design Review Board prior to the issuance of a zoning
certificate for the townhomes.
• Due to the lack of guest parking within the proposed development, the ACHD staff report,
date stamped by the city on September 22, 2016, contains a special recommendation that the
applicant be required to provide additional off-street guest parking to serve the site. Pursuant
to Eagle City Code Section 8-4-5, the applicant is required to provide .25 -spaces per unit for
guest parking. The code also allows for adjacent on street parking spaces on a local street to be
credited toward the guest parking requirement. The proposed development contains 68 -
residential units; therefore, a total of 17 -guest parking spaces would be required. The applicant
should be required to provide a revised preliminary plat showing a minimum of 17 -guest on
street parking spaces prior to submittal of a design review application.
• Robert Olson with Republic Services, provided email correspondence, date stamped by the
city on August 11, 2016, which indicated a concern with the alleys providing access to the
units not having a turnaround for garbage collection. Mr. Olson also posed a question in
regard to whether or not the residents will expect cart service from the alley or the street. The
applicant should provide correspondence from Republic Services indicating how trash service
will be provided for the residential units prior to submittal of final plat application.
• The preliminary plat, date stamped by the city on September 22, 2016, shows the sidewalk
located adjacent to East Riverside Drive that is approximately five -feet (5') in width. The
sidewalk currently located adjacent to Lot 1A -B, Block 2, is five -feet (5') in width. The
existing sidewalk/pathway located east and west of the proposed development is
approximately 10 -feet in width. The applicant should be required to provide a revised
preliminary plat showing the sidewalk located adjacent to East Riverside Drive to be a
minimum of 10 -feet in width prior to submittal of a design review application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested rezone with
development agreement in lieu of a PUD and preliminary plat with conditions of approval as provided
within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
17, 2016, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by ten (10) individuals who voiced the following concerns:
• The proposed density of the project is too high.
• The development should be designed similar to the existing Lonesome Dove Subdivision No. 1.
• The Lonesome Dove Subdivision No. 1 Architectural Control Committee has not been presented
with the design.
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• The applicant should be required to provide additional open space.
• It will be difficult to access the rear loaded garages from the proposed access driveways.
• The existing pressurized irrigation system will not support new development due to the size of the
existing pump.
• An additional playground would be needed for children residing within the development.
• The existing pool and clubhouse are not large enough to support additional residents.
• The site needs additional off-street parking for guests.
• The developer has not addressed the expressed concerns from the residents residing within
Lonesome Dove Subdivision No. 1.
• The developer's representatives could not answer questions that were asked during the
neighborhood meeting.
• The developer is proposing to utilize the proposed units as rentals and if the developer retains
ownership in the project it could possibly give them control of the homeowner's association.
• The development will not be similar to the style of development that currently exists within
Lonesome Dove Subdivision No. 1.
• Based on the density of the project it may create accessibility and egress concerns.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/representative).
D. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning
and Zoning Commission by three (3) individuals who requested that a buffer be provided between the
proposed development and the western property line and the developer provide more communication
with residents currently residing within the subdivision. One of the individuals also asked if recycling
bins will be provided as part of the premium trash service that will be required for the subdivision.
COMMISSION DELIBERATION: (Granicus time 4:05:18)
Upon closing the public hearing, the Commission discussed during deliberation that:
• It is not within the city's purview to control whether or not the proposed units are utilized as rentals.
• The site was originally approved to have 120 multi -family units. The development agreement was then
modified to allow for 70 multi -family residential units to be developed which is similar to the subject
application.
• The proposed design is currently shown on the Lonesome Dove website for marketing purposes.
• When the existing residents purchased their lots and noticed the vacant lots located in proximity to
their property they should have anticipated the vacant lots would be developed in the future.
• There is sufficient on -street guest parking located within the proposed development.
• As proposed there is no basis to deny the application.
• The existing sidewalk located adjacent to East Riverside Drive should remain at 5 -feet in width.
• The developer should have communicated more with the residents located within Lonesome Dove
Subdivision No. 1.
• The proposed townhouses are a better option than an apartment complex.
COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT
AGREEMENT IN LIEU OF A PUD:
The Commission voted 3 to 0 (Guerber and Smith absent) to recommend approval of RZ-07-16 for a
rezone from MU (Mixed Use) to MU -DA (Mixed Use with development agreement in lieu of a PUD) for
Zach Evans Construction, with a concept plan and conditions of development to be placed in a
development agreement, as provided within their findings of fact and conclusions of law document, dated
November 7, 2016.
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COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Guerber and Smith absent) to recommend approval of PP -05-16 for a
preliminary plat for Lonesome Dove Subdivision No. 2 for Zach Evans Construction with the following
staff recommended site specific conditions of approval and standard conditions of approval as provided
within their findings of fact and conclusions of law document, dated November 7, 2016.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on December 13, 2016, at
which time testimony was taken.
B. Oral testimony in favor of the application was presented to the City Council by no one (not
including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by eight (8)
individuals who expressed the following reasons:
• The application should be continued to allow the existing residents within the River District
development to address their concern with the proposed multi -family units being utilized as
rentals.
• Renters do not maintain homes in the same condition as homeowners.
• The proposed use will impact the home values of the existing homes located within the River
District development.
• The number of rental units permitted within the River District development should be limited.
• In the event the multi -family units are utilized as rentals it may impact the character of the
area.
• The development of this phase of the development will have a detrimental effect on the
parking in the area.
• The owner of the property should be required to work with the River District Homeowner's
Association to address their concerns with the proposed development.
• The owner of the multi -family units could control the existing homeowner' s association based
on the number of lots owned.
• The residents of the multi -family units will utilize the existing open space located within the
existing platted subdivision.
• The proposed Phase 2 does not contain a sufficient amount of open space to serve the
development; therefore, the residents of Phase 2 will utilize the Phase 1 open space.
• The owner of the proposed Phase 2 should be required to meet with the existing homeowner' s
association to address their concerns.
• Based on the number of proposed lots the owner may have controlling votes on the
homeowner's association and due to living out of state may not be actively involved.
• Due to living out of state, the owner of the proposed Phase 2 may not have the same concerns
regarding maintaining the infrastructure as the residents residing within the development.
• The owner of Phase 2 is only concerned with profiting on their investment instead of having a
concern with the existing subdivision.
• It is the existing resident' s belief that the proposed Phase 2 would be developed similar to
Phase 1.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the City
Council by two (2) individuals. The first individual represented the adjacent property owner of the
property located west of the proposed development. They requested that a landscaped buffer be
provided adjacent to the western property line of the proposed development to provide a buffer
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between the two (2) properties. The second individual provided statistical rental information for
the Boise valley and indicated there is a shortage of high-end rental units.
MEDIATION:
The Council pursuant to Idaho Code 67-6510, made a motion to require mediation between the River
District Homeowner's Association and the applicant. As part of the motion, the Council required the
following items be discussed: 1) premium trash service should be required for the 34 -dwelling units
accessed from alleys (Preliminary Plat Site Specific Condition #11), 2) The operation and maintenance of
the private alleyways and private driveways should be addressed with a manual contained within the
CC&Rs (Development Agreement Condition of Development #3.5), 3) Seek consensus to the applicant's
proposal to lower the setback from 18 -feet to 15 -feet along East Lone River Drive to provide for sufficient
space for longer vehicles in the garages (22 -feet), and 4) Seek consensus or recommendation with respect
to providing a five to eight foot (5'-8') wide buffer (located adjacent to the west property line) to be cost
shared between Lonesome Dove Subdivision No. 2 and the development to the west (Boise Hunter
Homes).
Upon completion of the mediation session an agreement was reached. The changes to the items that were
required by the City Council to be discussed are reflected in the rezone conditions of development and
preliminary plat site specific conditions of approval shown below.
POST MEDIATION COUNCIL DECISION REGARDING THE REZONE WITH
DEVELOPMENT AGREEMENT IN LIEU OF A PUD:
The Council voted 4 to 0 to approve RZ-07-16 (Concept Plan — Exhibit "B") for a rezone from MU
(Mixed Use) to MU -DA (Mixed Use with development agreement in lieu of a PUD) for Zach Evans
Construction, with the following Planning and Zoning Commission conditions of development to be
placed in a development agreement with underline text to be added by the Council and strike through text
to be deleted by the Council:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.2 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.
3.3 The total number of residential units on the Property shall not exceed 68 -units in the aggregate.
Development of the residential portion of the Property will be permitted through the Design Review
process and future conditional use permits for the residential development will not be required with
the exception of height exceptions.
3.4 The setbacks shall be as follows:
Street Front 18 -feet (measured from back of curb)
15 -feet (measured from back of curb)
(units located adiacent to East Lone Creek Drivel
Collector Street Side 35 -feet (measured from back of curb)
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(E. Riverside Drive) (an exception of 3 -feet in width for up to 50% of the
structure may be permitted to provide for architectural
variations for the E. Riverside Drive facing walls of the
three townhomes to be located on Lots 2, 14, and 15 of
Block 18)
Interior Side 0 -feet
Street Side 5 -feet (measured from back of curb)
Side adjacent to common area 5 -feet
Alley 4 -feet (measured from edge of alley)
Maximum Coverage: No Maximum coverage
3.5 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for maintenance of all community and privately owned
landscaping, pressurized irrigation facilities, parking lots, and amenities.
(b) A requirement insuring compliance with the Design Guidelines approved with this Agreement.
(c) A requirement for all fencing within the development 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.
(d) The common lot area (Lot 1. Block 18. as shown on the preliminary plat. date stamped by the
city on September 22. 2016) located between the dwelling units located adiacent to the alley s
shall be maintained by the owner(s) of those dwellings.
3.6 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.
3.7 Owner shall comply with all applicable provisions of Title 10, Flood Control, of the Eagle City Code.
City of Eagle approvals shall be subject to any FEMA requirements.
3.8 Owner shall match the existing streetscape located on the south side of Riverside Drive with a
minimum eight foot (8') wide tree lined landscaped strip :.• : .. . : ! :: . The
landscaping, including street trees and sidewalk shall be reviewed and approved by the Design
Review Board prior to submittal of a final plat application.
3.9 The multi -family dwellings shall be constructed utilizing "Northwestern" style architecture (Exhibit
"D") that shall be commensurate with the architectural styles of the residential dwellings located
within Lonesome Dove Subdivision. Design Review Board approval of the detailed architectural
plans for the development is required prior to the issuance of building permits for the multi -family
dwellings.
To assure compliance with this condition, the applicant shall create an Architectural Control
Committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&Rs, and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
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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.
3.10 Owner shall provide premium trash service (as identified in the city's contract with Republic
Services) for the residential units that are accessed from private alleys that do not include a
turnaround or to which Republic Services will not provide standard service.
POST MEDIATION COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP -05-16 (Exhibit "A") for a preliminary plat for Lonesome Dove
Subdivision No. 2 for Zach Evans Construction with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval with underline text
to be added by the Council and strike through text to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-07-16.
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 and/or upon receipt of an invoice by the City,
whichever occurs first. (ECC 9-2-3 [C][3][1])
4. Provide a revised preliminary plat with plat note #5 revised to state "Lot 1, Block 18 and Lot 26, Block
19 are common/open space lots to be owned and maintained by the Lonesome Dove No. 2
Homeowners Association." The revised preliminary plat shall be provided prior to submittal of a final
plat application. (ECC 9-3-8[D][4][a])
5. Provide a revised preliminary plat with plat note #6 revised to state, "This subdivision is subject to the
development agreement associated with RZ-07-16 and any subsequent modifications." The revised
preliminary plat shall be provided prior to submittal of a final plat application.
6. Provide a revised preliminary plat with plat note #8 revised to state, "Minimum building setback lines
shall be in accordance with the City of Eagle Zoning Ordinance at the time of issuance of the building
permit or as specifically approved by the conditions of development for RZ-07-16 and any subsequent
modifications." The revised preliminary plat shall be provided prior to the submittal of a final plat
application. (ECC 8-2-4)
7. Provide a revised preliminary plat with plat note #11 revised to state, "The residential lots located
adjacent to Lot 1, Block 17, Lots 8, 21, & 35, Block 18, and Lot 20, Block 19 (common lots/private
alley) shall a) have the perpetual right of ingress and egress over said lots, b) provide that the easement
shall run with the land, c) provide that the owners located adjacent to said lots shall be responsible for
the maintenance of the common lots/private alley, and d) provide that a restrictive covenant for
maintenance of the common lots/private alley cannot be modified without the express consent of the
city. The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC
9-2-2-5 [C])
8. Provide a revised preliminary plat showing a minimum of 17 -guest on street parking spaces prior to
submittal of a design review application. (ECC 8-4-5)
9. Provide a revised pr:Jivirc.,r;
f ,I 0 f et i idh p"Rr t
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10.
design, eta.) of the five foot (5') rig.'s ac'
cd try the
Daai_gr B= - :.., . ,. - ' - - . .: -- -. _ , _ If -a The reduced
buffer area located adjacent to East Riverside Drive_ .... -. . - - ... _' =`��l r?vr:her
of shall have landscape plantings shall -be commensurate with the landscaping requirements pursuant
to Eagle City Code Section 8 -2A -70)(4)(a). The landscape plan shall be reviewed and approved by the
Design Review Board prior to submittal of a fmal plat application. (ECC 8-2A-7[J][4][a])
12. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) and sod along both sides of all streets within this development. Trees shall be
placed at the front of each lot generally at each side property line, or as approved by the Design
Review Board. Prior to the City Clerk signing the final plat the applicant shall either install the
required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the
installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any
occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit
landscaping. Partial reduction of the surety may be permitted for any portion of the development that is
completed, including street trees that have been installed. On-going surety for street trees for all
undeveloped portions of the development will be required through project completion.
13. 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 fmal
plat application. 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.
14. The Lonesome Dove Subdivision No. 2 shall remain under the control of one Homeowners
Association.
15. The applicant shall place a note on the fmal plat stating that the pressurized irrigation system and all
common lots are to be owned and maintained by the Homeowner's Association.
16. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain
the pressurized irrigation system and all common landscape areas in the subdivision are maintained in
a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees in perpetuity.
17. All plat notes that are required on the preliminary plat shall be transferred to the fmal plat prior to
submittal of a final plat application.
18. The applicant shall work with the adiacent property owner (located west of the development) to
provide an eight foot (8') wide buffer area located adiacent to the western property line. The cost of
maintenance of the buffer area shall be the responsibility of the Phase 2 homeowner's association. The
design and associated landscaping of the buffer area shall be reviewed and approved by the Design
Review Board prior to submittal of a fmal plat application.
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NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Department of Environmental Quality 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 (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the 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.
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11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
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.
13. 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.
14. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in 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.
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A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless 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
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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 take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
34. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(RZ-07-16) 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 upon annexation is in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of MU -DA (Mixed Use with a development agreement) is
consistent with the Mixed Use designation as shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zoning
district is compatible with the MU -DA (Mixed Use with a development agreement) zone and land
use to the north since the subject property is bordered by East Riverside Drive (collector) and a
commercial lot;
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d. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zoning
district is compatible with the MU (Mixed Use) zone and land use to the south since that area has
been developed with residential homes with comparable density and the proposed development
will have less density than previously approved for these lots;
e. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zoning
district is compatible with the MU (Mixed Use) zone and land use to the east since that area
contains the pool and clubhouse associated with the subdivision of which the proposed
development is a portion thereof;
f. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zoning
district is compatible with the MU -DA (Mixed Use with a development agreement in lieu of a
PUD) zone and land use to the west since the property may be developed with a subdivision with
similar density;
The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan and the applicant is required to provide the required
documentation and applications to address the city's concerns regarding development as
conditioned herein; and
h. No non -conforming uses are expected to be created with this rezone.
2. The Council reviewed the particular facts and circumstances of this proposed development agreement
in lieu of a PUD, and based upon the information provided concludes that the proposed development is
in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
g.
A. What is the proposed time schedule for the development of the site? Provide details regarding
phasing if proposed.
The proposed time schedule for development of the site is to commence with infrastructure
construction in mid -2017 with vertical construction to start in the fall of 2017 or early 2018. The
project is anticipated to be built in a single phase.
B. Provide documentation to show that you will have sufficient control over the land, and the
financial means, to initiate the proposed development plan within one year after City Council
approval.
The property is owned by Taunton Properties LLC, who will develop the lots and Zach Evans
Construction Inc. will build the homes within the development.
C. Explain why, in your opinion, this proposed PUD would be in the public interest, advances the
general welfare of the community and neighborhood, and will not be detrimental to the economic
welfare of the community.
The proposed development will provide a housing type that has proven demand within the city.
The proposed development will advance the general welfare of the community and neighborhood
since it is designed to be in conformance with the Comprehensive Plan and the previous approval
for Lonesome Dove Subdivision Phase II.
D. How will the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity and
how will such use not change the essential character of the same area.
The subdivision is proposed to be developed in a manner that is harmonious with existing and
future uses in the immediate vicinity. The development consists of town homes designed as
previously approved by the Council with buffering along Riverside Drive, internal micro paths and
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connections provided to the overall Lonesome Dove Development and open space areas.
E. Explain why this development will not be hazardous or disturbing to existing or future
neighborhood uses.
The development is planned to consist of residential uses only, it is not anticipated that any uses or
activities will be detrimental to existing or future neighborhoods.
F. Will this development involve uses, activities, processes, materials, equipment, and/or conditions
of operation that will be detrimental to any persons, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors? Explain.
The development is planned to consist of residential uses only, it is not anticipated that any uses or
activities will be detrimental to the surrounding properties upon completion of the site work. The
development will be served by a network of public streets providing for neighborhood connectivity
with an internal public road and private alley accesses.
G. How will this development be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
All central services are either available to the site or will be as conditioned herein, as noted within
the letters provided by the agencies having jurisdiction over the site. Development of sewer, water,
drainage, streets, and other urban services will be provided at the developer's expense. The tax
revenue generated from the homeowners within the subdivision will offset additional costs to
public services that will serve this development. ACHD, Eagle Fire, Eagle Sewer District,
Republic Services and Eagle Water Company have reviewed the proposed development and
indicate that capacity exists to adequately serve this development.
H. Explain why this development will not create excessive additional requirements at public cost for
public facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water or highway district. Because the developer
provides the services in the initial stages of development, the public service providers avoid
potential liability and expenses.
I. Discuss proposed infrastructure, parks, ponds, open areas, areas of special interest, floodplain and
any other special features in the proposed development.
The subdivision is a phase of the overall Lonesome Dove development which includes substantial
open space, greenbelt, club house, swimming pool, micro -paths and green space amenities. The
applicant is also required to comply with Eagle City Code Title 10, Flood Control in regard to
development within the floodplain area.
J. Are the vehicular approaches to the property designed to not create an interference with traffic on
surrounding public thoroughfares? If so explain.
Access to the development is provided via three existing public streets.
K. Explain why the development will not result in the destruction, loss, or damage of a natural, scenic
or historic feature of major importance.
No such features exist at the subject site.
L. How will the proposed development be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
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The proposed development is in accordance with the Comprehensive Plan since the plan calls for
Mixed Use for the overall development with a density for the overall development of 20 units per
acre. The subdivision itself is under 16 -dwelling units per acre, and the overall Lonesome Dove
Development is approximately 8 -dwelling units per acre with this site included.
M. How will the proposed development be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This applicant requested approval for a development agreement as outlined in Eagle City Code and
satisfies those requirements as well as will be required to meet the conditions herein. In addition,
the applicant will be required to submit an application for design review and comply with all Eagle
City Codes and conditions of approval of the design review. The proposed development will
include town homes as proposed.
N. Describe what deviations from standard district regulations are proposed, and explain how the
benefits, combination of various land uses, and interrelationship with the surrounding area for this
proposed development justifies the deviation from the standard district regulations.
Town homes are the only use approved for this development. The proposed development is
designed to be in conformance with Eagle City Code Section 8-6-1(C), Planned Unit Development
Objectives stated therein.
In case of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
O. Identify all public services that would be provided to the development including, but not limited
to, fire protection, police protection, central water, central sewer, road construction, parks and
open space, recreation, maintenance, schools and solid waste collection.
Fire
The project is located within the Eagle Fire District and the District has reviewed and approved the
plan.
Police
The project will be served by the Eagle Police Department.
Water
The project is located within the Eagle Water Company' s certificated water service area.
Sewer
The project is annexed into the Eagle Sewer District and will be designed and constructed to
comply with the requirements of the Eagle Sewer District.
Road Construction
The construction of all interior roads and private streets will be completed by the developer. Upon
completion the public roads will be dedicated to ACHD.
Maintenance
The maintenance of any private open space areas and private driveways will be regulated by the
Homeowner' s Association. The public roads will be maintained by ACHD. The sewer and water
systems will be publicly owned and maintained once installed.
Schools
The residents of the subdivision are located in the West Ada School District boundaries, who serve
the area.
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P. Provide an estimate of the public service costs to provide adequate service to the development.
The water, sewer, and roadways will be constructed and funded by the developer. The public
services must be approved at the time of installation and before acceptance by the respective
agencies. Because the developer provides the services in the initial stages of development the
public service providers avoid potential liability and expenses. The revenue generated from taxes
will cover the additional manpower necessary to serve this property once developed.
Provide an estimate of the tax revenue that will be generated from the development.
The estimated tax revenue generated from the development is approximately $218,960.00/year
(without Homeowner's Exemption).
R. Provide suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the development.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. Because the developer provides the services in the initial stages
of the development the public service providers avoid potential liability and expenses.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP -05-
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 subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document and the proposed residential use is in
accordance with the residential land use designation of this area shown within the Comprehensive
Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police and
fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons
or agencies responsible for the establishment of the proposed use shall be able to provide
adequately any such services, as noted in the documentation provided from said agencies and as
required as a part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle Fire District
and Ada County Highway District as conditioned herein, there is adequate public financial
capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Council's attention
have been adequately addressed by the applicant or will be conditions of approval as set forth
within the conditions of approval herein.
Q.
DATED this 28th day of February, 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
tan Ridgeway, Mayor
AST:
Sharon K. Bergmann, Eagle Cit, Clerk
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