Findings - CC - 2017 - RZ-16-16/PP-10-16 - Rezone From Mu To Mu-Da And Pp Approvals For Larkin Village Subd.BEFORE 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 CONDITIONAL USE PERMIT] AND
PRELIMINARY PLAT FOR LARKIN
VILLAGE SUBDIVISION FOR PARADIGM
CONSTRUCTION — JIM LARKIN
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-16-16/PP-10-16
The above -entitled rezone with a development agreement (in lieu of a conditional use permit) and
preliminary plat applications came before the Eagle City Council for their action on March 28, 2017, at
which time public testimony was taken and the public hearing was closed. The Eagle City Council, having
heard and taken oral and written testimony, and having duly considered the matter, makes the following
Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Paradigm Construction — Jim Larkin, represented by Joe Pachner with KM Engineering, LLP, is
requesting a rezone from MU (Mixed Use) to MU -DA (Mixed Use with a development agreement
[in lieu of a conditional use permit]) and preliminary plat approvals for Larkin Village
Subdivision, a 17 -lot (11 residential, 1 commercial, 4 common, and 1 private street) subdivision.
The 1.55 -acre site is located on the south side of East State Street approximately 115 -feet east of
South Golden Eagle Lane at 1301 East State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Buster's Bar and Grill, 1396 East State Street, Eagle, Idaho
83616, at 6:00 PM, Thursday, September 22, 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 December 22, 2016. A revised preliminary plat was submitted on January 6, 2017. A revised
narrative and second revised preliminary plat were submitted on January 9, 2017. A third revised
preliminary plat was submitted on January 31, 2017.
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 January 16, 2017. 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 December 27, 2016. Requests for
agencies' reviews were transmitted on December 27, 2016, in accordance with the requirements of
the Eagle City Code. The site was posted in accordance with the Eagle City Code on January 20,
2017.
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
March 11, 2017. 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,
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Chapter 65, Idaho Code and Eagle City Code on March 8, 2017. The site was posted in
accordance with the Eagle City Code on March 8, 2017.
D. HISTORY OF PREVIOUS ACTIONS: N/A
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
Downtown
Downtown
Downtown
Downtown
MU (Mixed Use)
MU -DA (Mixed Use with a
development agreement [in
lieu of a conditional use
permit])
C-1 (Neighborhood Business
District)
MU (Mixed Use)
MU (Mixed Use)
MU (Mixed Use)
LAND USE
Vacant lots
Single-family residential
and commercial
subdivision
Commercial building
(Escuela Subdivision)
Commercial subdivision
(Merrill Subdivision No.
2)
Single-family residence
and commercial
Daycare and residential
subdivision (Pacific
Heights Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site — 1.55 -acres
Total Number of Lots —17
Total Number of Units — 11
Residential — 11
Commercial —1
Industrial — 0
Common — 5
Single-family —11
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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ADDITIONAL SITE DATA PROPOSED
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
7.91 -dwelling units per acre
(minus the commercial lot [Lot 2,
Block 1])
2,568 -square feet*
29.27 -feet*
29.27 -feet*
0.297 -acres**
19.3%**
REQUIRED
7.91 -dwelling units per acre
(limited pursuant to the
development agreement)
5,000 -square feet
50 -feet
35 -feet
0.72 -acres
51.8%
* Pursuant to Idaho Code Section §67-6512(f), exceptions or waivers of standards, other than use,
inclusive of the subject matter addressed by Idaho Code Section §67-6512(f), in a zoning
ordinance may be permitted through the issuance of a conditional use permit. In this case a
development agreement is being utilized in lieu of a conditional use permit.
** Not inclusive of private street area
GENERAL SITE DESIGN FEATURES:
Open Space:
A total of 0.29 -acres of open space is proposed within the subdivision. The common areas are
comprised of a common lot located adjacent to East State Street (Lot 1, Block 1), a common lot
separating the commercial lot from the residential lots (Lot 3, Block 1), a common lot buffering a
turnaround hammerhead from the adjacent subdivision (Pacific Heights Subdivision) located west
of the development (Lot 7, Block 1) and a common lot located adjacent to the southern property
line and providing a buffer to Pacific Heights Subdivision (Lot 14, Block 1). The remaining
common lot contains the private street and two (2) hammerhead turnarounds (lot 17, Block 1). Lot
17, Block 1, is also proposed to contain an attached thickened edge sidewalk located adjacent to
the east side of the private street (South Academy Lane).
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 and plat note #2 of the preliminary plat, date stamped by the city on January 9, 2017,
indicate a 10 -foot wide easement for public utilities, pressurized irrigation, drainage, etc., is
located adjacent to the front and rear property lines. Plat note #3 indicates there are no easements
located adjacent to the side property lines.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
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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 in proximity to the existing home located on the
northern portion of the site.
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:
Private Street:
The preliminary plat, date stamped by the city on January 31, 2017, shows a private street section
with two (2) ten foot (10') wide travel lanes with a five foot (5') wide permeable concrete gutter
separating the lanes. The street section also shows a one foot (1') wide ribbon curb on one side of
the street and an attached 5.5 -foot wide thickened edge sidewalk located on the opposite side of
the street.
Blocks Less Than 500': None
Cul-de-sac Design: None proposed
Sidewalks:
The applicant is proposing South Academy Lane with an attached 5.5 -foot wide sidewalk located
on the east side of the street.
Curbs and Gutters:
The private street section does not show any curbs or gutters located adjacent to the street.
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 PEDESTRIAN/BICYCLE 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.
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N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — No
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
Mature Trees — Yes — located in proximity to existing residence and adjacent to East State Street.
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:
City Engineer: All comments within the engineer's letter dated January 17, 2017, are of special
concern (attached to the staff report).
Ada County Highway District
Central District Health Department
COMPASS (Communities in Motion)
Eagle Fire Department
Idaho Transportation Department
Republic Services
Tesoro Logistics NW Pipeline
LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from George Ruppel, date stamped by the city on January 25, 2017.
Correspondence received from the Pacific Heights Subdivision/Homestead homeowners and
residents (43 signatures), date stamped by the city on January 30, 2017.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Q.
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.
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Land Use Intensity
6.8.13 — Downtown Eagle Plan
l
Guide to Downtown Generalized (unspecified areas)
Land Use Mixture
High Density
Residential
13+ Units per acre
Medium/High
Density Residential
8-12 Units per acre max
.. 1
Medium Density
Residential
4-8 Units per acre max
Low Density
Residential
3-4 Lnitsper acre
Regional Retail
300 000+ Sq ft
Market Scale: N. Ada
County
General
Commercial S
Retail
30,000 -150,000 Sq ft.max
Neighborhood
Retail & Services
10,000-50,000 Sq ft. max
J
J
1
High Density
Employment
4-5 Stories
Mixed
Development/
Employment
3.4 Stones
Local
Support/Boutique
Up to 5 000 Sgft
Niche Market
Low Density
Office
2-3 Stores
The highlighted uses above represent the combined uses that are appropriate in areas NOT contained in a specific
subarea. The partial inclusion of a land use indicates a limited potential or opportunity for that land use in the area.
Page q
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-1-2: Rules and Definitions:
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:
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
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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*
1MU
1135'
20'
20'
17.5'
20'
150% 115,000 1150'
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
• 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. 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:
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
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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 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;
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b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle
Fire District and the City Engineer; or
c. Such other turnaround area as may be approved by the Eagle Fire District, city
engineer, and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared
by a licensed professional engineer in the state in substantial conformance with
engineering and design standards in effect at the time of preparation of the design.
Construction drawings, together with a certification of such conformity, shall be
submitted for the review and approval by the city engineer. No part of this section
shall be construed as allowing a private street that is not in conformance with current
engineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more
restrictive standard shall prevail, unless specifically determined otherwise by the City
Council.
C. Access And Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost estimate
therefor prepared by a licensed professional engineer in the state, together with a
proposed method for funding the same, including, but not limited to, the creation and
maintenance of a reserve fund for that purpose, shall be submitted with the final plat
application for review and approval by the city engineer and city council.
2. The location of the private street shall be clearly depicted on the face of the plat and
notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private
street the perpetual right of ingress and egress over the described private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street cannot
be modified and the homeowners'/property owners' association or other entity
cannot be dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be recorded
at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual 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 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
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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, 9-3-8 (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.
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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.
D. DISCUSSION:
• The applicant's narrative, date stamped by the city on January 9, 2017, indicates they are
requesting a development agreement to request the following allowances: 1) allowance for lots
below 5,000 -square feet (11 -lots between 2,568 — 2,999 -square feet in size), 2) reduction of
setbacks, and 3) reduction of minimum lot width.
Request #1
The applicant is requesting a reduction of lot sizes below the required 5,000 -square foot
minimum lot size associated with the MU (Mixed Use) zoning district. Typically a reduction
of lot 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 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 .72 -acres of open space (51.8%).
The applicant is requesting approval of .36 -acres of open space (26%).
Reauest #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%
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The proposed setbacks as identified in the applicant's narrative, date stamped by the city on
December 22, 2016, reflects the following setbacks:
Front: 20 -feet garage
Rear: 5 -feet
Side: 3 -feet
The applicant also provided email correspondence on February 1, 20I7, addressed to Suzie
Lund (Pacific Heights Subdivision HOA representative) which indicated the proposed rear
setbacks are as follows:
Main level (wall plain) 16 -feet
Second level (wall plain) 20 -feet
Patio cover columns and footings 10 -feet
Maximum height 28 -feet
The applicant also provided an exhibit showing the structure based on the aforementioned
setbacks.
With regard to the reduction of setbacks, staff has the following comments:
The applicant did not address whether or not the proposed side setback of 3 -feet is for one or
two story structures. The applicant has provided building elevations, date stamped by the city
on December 28, 2016, showing the residential dwellings to be two stories in height. Also,
the applicant did not address the 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 January 31, 2017, shows the footprint of the structures covering approximately 54% of
the smallest lot (2,568 -square feet in size) and 53% of the next larger lots (2,593 -square feet in
size). The applicant's narrative indicated they are proposing a rear setback of 5 -feet, however,
plat note #2 of the preliminary plat identifies the rear easement to be 10 -feet in width. Based
on a 15 -foot wide rear setback the maximum lot coverage on the subject lots would be less
than 50% of the lot size. The rear setback should be a minimum of 15 -feet with an allowance
that open style patio covers may encroach no more than 5 -feet into the rear setback to allow for
the 10 -foot wide rear easement noted on the plat. The city received correspondence with a
petition (containing 43 signatures) from the Pacific Heights Subdivision/Homestead
homeowners and residents, date stamped by the city on January 30, 2017. The correspondence
referenced the neighbors' concerns with the height of the two story buildings blocking the sun
and the views. Also, the neighbors were concerned that the project encroaches into the open
space required within the MU (Mixed Use) zoning designation pursuant to Eagle City Code.
The rear setback within Pacific Heights Subdivision is 15 -feet. Based on the requested rear
setbacks of 15 -feet (first story) and 20 -feet (second story) the first story of the dwelling would
be approximately 30 -feet and the second story would be approximately 35 -feet from the
residential dwellings located west of the proposed development. All of the residential
dwellings located west of the development are single -story. Based on the proposed density of
the development, the reduced side yard setback of 3 -feet, and the neighbor's concerns the
residential dwellings within the development should be limited to single -story.
It is staff's opinion the setbacks should be as follows:
Front: 20 -feet
Rear: 15 -feet
Side: 3 -feet
Patio covers (open style) may encroach 5 -feet into the rear setback
Maximum lot coverage 50%
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Request #3
The applicant is requesting to reduce the minimum lot width from 50 -feet to 29 -feet. The
preliminary plat, date stamped by the city on January 31, 2017, shows lots 15 and 16 to be
28.79 -feet in width, therefore the request should be modified or Lots 16 and 16 should be a
minimum of 29 -feet in width.
• The preliminary plat, date stamped by the City on January 31, 2017, does not contain a plat
note referencing the development agreement associated with the rezone (application #RZ-16-
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-16-16 and
subsequent modifications." The revised preliminary plat should be provided prior to submittal
of a final plat application.
• The preliminary plat, date stamped by the city on January 31, 2017, does not contain a plat
note identifying the common lots or who is responsible for the operation and maintenance of
the common lots. The applicant should provide a revised preliminary plat with a new plat note
that states, "Lots 1, 3, 7, and 14, Block 1 are common lots to be owned and maintained by the
Larkin Village Homeowners Association." The revised preliminary plat should be provided
prior to submittal of a final plat application.
• The preliminary plat, date stamped by the city on January 31, 2017, does not contain a plat
note in regard to building setbacks. As previously discussed the applicant is requesting a
reduction of the setbacks that are required within the MU (Mixed Use) zoning district. In the
event the requested setback reduction is approved the plat should contain a note referencing
the approved setbacks that would be found within the executed development agreement. The
applicant should provide a revised preliminary plat with a new plat note that states, "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-16-16 and any subsequent modifications." The revised preliminary plat
should be provided prior to the submittal of a final plat application.
• The applicant provided a Pressurized Irrigation Waiver request, date stamped by the city on
December 22, 2016, to request a waiver of the requirement to provide pressurized irrigation
due to construction in the area over the past several years has cut off the delivery of irrigation
water. The applicant provided correspondence (attached to the waiver request) from Gary
Heikes with New Union Ditch Company, which indicated the ditch that historically delivered
irrigation water to the subject property was filled, and, at present, no delivery to the subject
site is possible. The applicant's request further states that since the work needed to restore
irrigation water to the subject parcel is offsite and it is out of the control of the applicant in
regard to timing of the repairs. Based upon the limitations expressed by the New Union Ditch
Company, the applicant proposes to provide irrigation water to the subdivision via water
supplied by Eagle Water Company. Staff recommends affirming the conclusion that the
applicant has provided sufficient information to meet the conditions of a waiver request based
on Eagle City Code Section 9-4-1-9(C)(2)(b). A pressurized irrigation waiver request may be
granted since the irrigation purveyor cannot deliver the surface water in a timely manner.
• The preliminary plat application and applicant's narrative, date stamped by the city on January
31, 2017, indicate that one (1) of the proposed lots will have a commercial use. Prior to the
commencement of a commercial use onsite the applicant should be required to submit a design
review application prior to the issuance of a zoning certificate.
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• The preliminary plat, date stamped by the city on January 31, 2017, shows the sewer and water
lines serving the proposed subdivision located under the private street within Lot 17, Block 1.
The center of the street also consists of a four foot (4') wide valley gutter with permeable
concrete for drainage. The applicant should provide a revised preliminary plat with a new plat
note that states, "Lot 17, Block 1, shall have a blanket public utility and drainage easement."
The revised preliminary plat should be provided prior to submittal of a final plat application.
• Plat note #1 of the preliminary plat, date stamped by the city on January 9, 2017, states, "All
front lot lines common to street rights-of-way shall contain a ten (10') foot wide easement for
public utilities, street lights, pressurized irrigation, and lot drainage." Pursuant to Eagle City
Code Section 9-3-6, a 12 -foot wide utility easement is required adjacent to the front lot line.
Since the front setback for structures will be 20 -feet the applicant should be required to
provide a revised preliminary plat with plat note #1 revised to state, "All front lot lines
common to street rights-of-way shall contain a twelve foot (12') wide easement for public
utilities, street lights, pressurized irrigation, and lot drainage." The revised preliminary plat
should be provided prior to submittal of a final plat application.
• The preliminary plat, date stamped by the city on January 31, 2017, delineates an asphalt
pathway continuing from the southern end of the attached sidewalk through the common area
adjacent to the southern property line, and then offsite adjacent to the western property line of
Lot 4, Block 2, Merrill Subdivision No. 2 terminating with a connection to the five foot (5')
wide detached sidewalk located adjacent to East Iron Eagle Drive. To date there is no pathway
connection from the sidewalk located adjacent to East Iron Eagle Drive to the subject property.
The applicant's narrative, date stamped by the city on January 9, 2017, indicates the applicant
will provide a cross access agreement with the adjacent property owner regarding the location
of the proposed asphalt pathway.
• The applicant is requesting to construct the subdivision with a private street. The preliminary
plat, date stamped by the city on January 31, 2017, shows a street section to be 31.75 -feet in
width (measured from west edge of ribbon curb to the east property line).The street section
shows two (2) ten foot (10') wide travel lanes divided by a five foot (5') wide permeable
pavers, a one foot (1') wide ribbon curb, and an attached 5.5 -foot wide thickened edge
concrete sidewalk located on the east side of the road with a 0.25 -foot wide fence located
between the sidewalk and the property line. 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. However,
because the sidewalk only provides pedestrian connectivity for 12 buildable lots staff
considers it appropriate to allow the single attached sidewalk to be located on the east side
only. The preliminary plat does not contain a plat note in regard to right of ingress and egress
over the private street, the easement for the ingress and egress, and who is responsible for the
operation and maintenance of the private street. The applicant should provide a revised
preliminary plat with a new plat note that contains 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.
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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.
• Correspondence was provided from the Eagle Fire Department, date stamped by the city on
January 23, 2017, which indicated they are not recommending approval of the development as
submitted. The fire department review was based on a preliminary plat that was date stamped
by the city on December 22, 2016, which showed the travel area of the private street at 20 -feet
in width (not inclusive of the 1 -foot wide ribbon curb). The correspondence referenced that a
dead end street longer than 501 -feet in length is required to be a minimum of 26 -feet in width.
The correspondence also referenced that the hammer head turn arounds must be posted on
three (3) sides with "No Parking Fire Lane" signs. The applicant provided a revised
preliminary plat, date stamped by the city on January 31, 2017, that shows the private street
with a 26 -foot wide (inclusive of ribbon curb) travel area. However, the applicant did not
address the fire department's concerns regarding the proposed guest parking within the
hammerheads. The applicant should be required to provide an approval letter from Eagle Fire
Department prior to the applications being scheduled for a City Council public hearing.
• The applicant provided residential building elevations, date stamped by the city on January 31,
2017, show the residential dwellings with a two (2) car garage. Pursuant to Eagle City Code
Section 8-4-5, a single-family dwelling (lots less than 15,000 square feet) are required to have
two (2) (including one [1] covered) parking spaces. The applicant is proposing a 20 -foot wide
front setback, therefore, two (2) cars may have room to park in the driveway without
overhanging the street. Due to the narrowness of the proposed private street there will be no on
street parking allowed. The preliminary plat, date stamped by the city on January 31, 2016,
shows Lot 17, Block 1, containing two (2) guest parking spaces located adjacent to Lot 7,
Block 1, and one (1) parking space located adjacent to Lot 15, Block 1. In the event there is a
gathering at a home located within the subdivision there may not be adequate parking
available which may hinder accessibility by emergency services in the event of an emergency.
The applicant should provide a revised preliminary plat showing an additional three (3) guest
parking spaces prior to submittal of a final plat 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 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 application was held before the Planning and Zoning Commission on February
6, 2017, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/ representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by one (1) individual who indicated the following concerns:
• The proposed lot sizes are considerably less than the minimum lot size of 5,000 -square feet
required pursuant to Eagle City Code.
• The requested reduced setbacks do not provide sufficient room between the residential units.
• The reduced lot width of 29 -feet is too narrow.
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• To be compatible with the homes located in the adjacent subdivision to the west the homes located
within the proposed development should not exceed one-story in height.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by one (1) individual who requested clarification regarding the allowed uses
within an area with a MU (Mixed Use) zoning designation.
COMMISSION DELIBERATION: (Granicus time 1:03:57)
Upon closing the public hearing, the Commission discussed during deliberation that:
• Although infill projects provide a benefit to the community sometimes it is difficult to address
neighbor concerns.
• Nine (9) of the property owners located on the adjacent property to the west may be affected by the
proposed development. It may be more appropriate to locate the private road next to the west property
line instead of the proposed residential lots.
• If the applicant was required to construct the homes as single -story the project would not be
economically viable.
• They would be supportive of restricting the height of the dwelling units instead of restricting the
applicant to construct single -story dwellings.
• The two-story design may not be compatible with the single -story dwellings located west, of the
proposed development.
• The applicant should be required to provide an approval letter from Eagle Fire Department prior to
moving the application forward to the City Council.
COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT
AGREEMENT (IN LIEU OF A CONDITIONAL USE PERMIT):
The Commission voted 4 to 0 (Villegas absent) to recommend approval of RZ-16-16 for a rezone from MU
(Mixed Use) to MU -DA (Mixed Use with development agreement [in lieu of a conditional use permit]) for
Paradigm Construction — Jim Larkin, with the conditions of development to be placed within a
development agreement to be placed within a development agreement as provided within their findings of
fact and conclusions of law document dated February 21, 2017.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 0 (Villegas absent) to recommend approval of PP -10-16 for a preliminary plat
for Larkin Village Subdivision for Paradigm Construction — Jim Larkin with the site specific conditions of
approval and standard conditions of approval as provided within their findings of fact and conclusions of
law document dated February 21, 2017.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the Eagle City Council on March 28, 2017. The
Council made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the Eagle City Council by no one (other than
the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Eagle City Council by no one.
COUNCIL DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT
(IN LIEU OF A CONDITIONAL USE PERMIT):
The Council voted 4 to 0 to approve RZ-16-16 for a rezone from MU (Mixed Use) to MU -DA (Mixed Use
with development agreement [in lieu of a conditional use permit]) (Concept Plan — Exhibit "B") for
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Paradigm Construction — Jim Larkin, with the following Planning and Zoning Commission recommended
conditions of development to be placed within a development agreement:
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 residential use shall be a permitted use on the Property. The maximum density for the Property
shall be 7.91 -dwelling units per acre (11 -dwelling units).
3.4 The setbacks shall be as follows:
Front: 20 -feet
Rear: Main level (wall plane) 15 -feet
Second level (wall plane) 20 -feet
Side: 3 -feet
Patio covers (open style) may encroach 5 -feet into the rear setback
Maximum lot coverage 50%
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, and amenities.
(b) An operation and maintenance manual for the private streets, including a funding mechanism as
an addendum to the CC&Rs 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. The repair and maintenance requirement shall run with the land and that the
requirement cannot be modified and that the homeowners association or other entity cannot be
dissolved without the express consent of the city.
(c) A requirement that no parking is allowed on the private streets 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.
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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 The single-family dwellings shall be constructed utilizing "Pacific Northwest Craftsman" style
architecture.
To assure compliance with this condition, the applicant shall create an Architectural Control
Committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&Rs, and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permit applications that do not have an approval letter attached will not be accepted.
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.
3.8 The residential dwellings shall not exceed 25'7" in height.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP -10-16 (Exhibit "A") for a preliminary plat for Larkin Village
Subdivision for Paradigm Construction — Jim Larkin 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:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-16-16.
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.
4. Provide an approval letter from Eagle Fire Department prior to the applications being scheduled for a
City Council public hearing.
5. The applicant shall provide correspondence from Republic Services indicating how trash service will
be provided for the residential units prior to submittal of final plat application.
6. - - . - - - ... . Ttrees 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.
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7. 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 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.
8. 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-16-16 and subsequent modifications." The revised preliminary plat shall be
provided prior to submittal of a final plat application.
9. Provide a revised preliminary plat with a new plat note that states, "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-16-16 and any subsequent
modifications." The revised preliminary plat shall be provided prior to the submittal of a final plat
application.
10. Provide a revised preliminary plat with a new plat note that states, "Lot 17, Block 1, shall have a
blanket public utility and drainage easement." The revised preliminary plat shall be provided prior to
submittal of a final plat application.
11. Provide a revised preliminary plat with plat note #1 revised to state, "All front lot lines common to
street rights-of-way shall contain a twelve foot (12') wide easement for public utilities, street lights,
pressurized irrigation, and lot drainage." The revised preliminary plat shall be provided prior to
submittal of a final plat application.
12. If Tthe private street is approved, the applicant should provide a revised preliminary plat with a new
plat note that contains 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.
13. Provide a revised preliminary plat with a new plat note that states, "Lots 1, 3, 7, and 14, Block 1 are
common lots to be owned and maintained by the Larkin Village Homeowners Association." The
revised preliminary plat shall be provided prior to submittal of a final plat application.
14. Provide a revised preliminary plat showing an additional three (3) guest parking spaces for a total of
seven (7) guest narking spaces. prior to submittal of a final plat application.
15. A pressurized irrigation waiver request is hereby granted since the irrigation purveyor cannot deliver
the surface water in a timely manner.
16. The Larkin Village Subdivision shall remain under the control of one Homeowners Association.
17. The applicant shall place a note on the final plat stating that the subdivision irrigation system and all
common lots are to be owned and maintained by the Homeowner's Association.
18. The applicant shall provide CC&Rs indicating that the Homeowner's Association shall have the duty
to maintain all common landscape areas in the subdivision in a competent and attractive manner,
including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity.
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19. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of a final plat application.
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
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lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City 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.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant.
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.
13. 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
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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.
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
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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 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 with development
agreement (RZ-16-16) 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 Downtown 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 C-1 (Neighborhood Business District) zone and land use to
the north since that area contains a commercial building and is located across State Street;
d. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the MU (Mixed Use) zone and land use to the south since that
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area contains a commercial subdivision and the applicant is providing a landscaped common lot
between the residential dwellings and the southern property line;
e. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the MU (Mixed Use) zone and land use to the east since that area
contains a single-family residence and a parking area;
f. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the MU (Mixed Use) zone and land use to the west since that area
is developed with a daycare and residential subdivision (Pacific Heights Subdivision) with a
density that is compatible with the proposed subdivision;
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.
2. The Council 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 permit in the MU (Mixed Use) zoning
designation as established in Eagle City Code Section 8-2-3: Schedule of District Use Regulations
and all 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 1.55 -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 residential dwellings
that will not exceed 25'7" in height.
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.
g.
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D. Will not be hazardous or disturbing to existing or future neighborhood uses;
Larkin Village Subdivision is proposed to be developed in a manner harmonious with existing
uses in the general vicinity. The height of the residential units will not exceed 25'7" as conditioned
herein.
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;
The subject property is fronted by and will take access from East State Street. 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. Development of sewer, water, drainage, streets, and
other urban services will be provided at the developer's expense.
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;
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.
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;
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.
H. 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 East State Street which provides access to the internal
streets of the proposed development. The interior street will be private and will be constructed in
conformance with standards pursuant to Eagle City Code.
I. 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.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP -10-
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 Downtown 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 as conditioned herein the height of
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the buildings will be restricted and a larger rear setback is required for the second story;
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 Eagle Water Company. 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;
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;
That any health, safety and environmental problems that were brought to the Council' s attention
have been adequately addressed by the applicant or will be conditions of the preliminary plat and
subsequent final plat approval as set forth within the conditions of approval herein.
g.
h.
DATED this 11th day of April, 2017
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
'Sharon K. Bergmann, Eagle City CI rk
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