Findings - CC - 2018 - RZ-10-15 MOD2 & PP-07-15 MOD - Rezone With Da I Lieu Of Pud Modification And Pp Modification For Truman Cove SubBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A REZONE WITH A DEVELOPMENT
AGREEMENT [IN LIEU OF A PUD]
MODIFICATION, AND PRELIMINARY
PLAT MODIFICATION FOR TRUMAN
COVE SUBDIVISION FOR TPC BROOKLYN
PARK INVESTORS, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-10-15 MOD2 AND PP -07-15 MOD
The above -entitled rezone with development agreement modification (in lieu of a PUD) and preliminary
plat modification applications came before the Eagle City Council for their consideration on July 10, 2018,
at which time public testimony was taken. The City Council directed the applicant to re -design the site to
remove the townhomes located adjacent to Ancona Lane and restrict the residences located adjacent to
Ancona Lane to single story. The City Council continued the public hearing to the July 24, 2018, at which
time public testimony was taken and the public hearing was closed. The Council continued the applications
to the August 28, 2018, meeting to allow the representative to bring back a new plan of design. The
applicant provided a revised preliminary plat and narrative, date stamped by the City on August 24, 2018.
The revised plat and narrative came before the City Council for their action on August 28, 2018. The City
Council, having heard and taken oral and written testimony, and having duly considered the matter, makes
the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
TPC Brooklyn Park Investors, LLC, represented by John Rennison, P.E., with Rennison
Engineering, is requesting a development agreement (in lieu of a PUD) modification and
preliminary plat modification for Truman Cove Subdivision (formerly known as Eagle Lakes
Subdivision), a previously approved 301 -unit, 80 -lot (51 -single-family, 6 -multi -family [consisting
of 250 -units], 12 -commercial, 10 -common, and 1 -private street) subdivision. The proposed
subdivision modification includes 327 -units, 110 -lots (77 -single-family, 6 -multi -family [consisting
of 250 -units], 12 -commercial, and 15 -common [consisting of 1 -private street, 1 -private alley, and
1 -access drive]). The 75.5 -acre site is generally located on the south side of State Highway 44,
approximately 1,129 -feet west of the intersection of State Highway 55 and State Highway 44.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, Wednesday, January 31, 2018, at the Eagle Sewer
District, 44 North Palmetto Avenue, Eagle, Idaho, in compliance with the application submittal
requirement of Eagle City Code. The applications for these items were received by the City of
Eagle on February 15, 2018.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on May 19, 2018. 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 May 16, 2018. Requests for agencies'
reviews were transmitted on February 20, 2018, in accordance with the requirements of the Eagle
City Code. The site was posted in accordance with the Eagle City Code on May 25, 2018.
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Notice of Public Hearing on the applications 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
June 25, 2018. 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 June 21, 2018. The site was posted in accordance with the
Eagle City Code on June 26, 2018.
D. HISTORY OF REVELANT PREVIOUS ACTIONS:
On November 10, 2015, the Eagle City Council approved a rezone and preliminary plat for Eagle
Lakes Subdivision (RZ-10-15 and PP -07-15).
On January 14, 2016, the Eagle Design Review Board approved a design review application for
the common area landscaping, nineteen (19) apartment buildings, and a clubhouse within Eagle
Lakes Subdivision (DR -58-15).
On January 14, 2016, the Eagle Design Review Board approved a design review sign application
for a subdivision entry monument sign for Eagle Lakes Subdivision (DR -59-15).
On January 12, 2017, the Eagle Design Review Board approved a design review modification to
modify the common area landscaping, location of eighteen (18) apartment buildings, and
clubhouse within Eagle Lakes Subdivision (DR -58-15 MOD).
On January 30, 2017, the Zoning Administrator approved a lot line adjustment (associated with the
subject site) for TPC Brooklyn Park, Investors, LLC (LLA -01-17).
On June 13, 2017, the Eagle City Council approved the final plat for Truman Cove Subdivision
No. 1 (formerly known as Eagle Lakes Subdivision) (FP -01-17).
On May 27, 2018, the Eagle City Council approved a development agreement modification for
TPC Brooklyn Park Investors, LLC (RZ-10-15 MOD).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
COMP PLAN
DESIGNATION
Mixed Use, Floodway,
and Scenic Corridor
No Change
Mixed Use
Floodway and Eagle
Island Special Use Area
Mixed Use, Floodway,
and Scenic Corridor
West of site Mixed Use, Floodway,
and Scenic Corridor
ZONING
DESIGNATION
MU -DA (Mixed Use with
Development Agreement [in
lieu of a PUD])
No Change
BP (Business Park) and MU
(Mixed Use)
RP (Rural Preservation — Ada
County designation)
MU (Mixed Use)
MU -DA (Mixed Use)
LAND USE
Proposed Eagle Lakes
Subdivision
Multi -family within the
area previously approved
for single-family
State Highway 44, mobile
home park, and office
building
Boise River and vacant
parcel
Concrete business (Idaho
Materials Company)
Tennis Club Plaza and
Renorvare Subdivisions
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site — 75.5 -acres
Total Number of Lots — 110
Total Number of Units - 327
Residential — 83
Commercial — 12
Industrial — 0
Common — 15
Single-family — 77
Duplex — 0
Multi -family — 250
Total Acreage of Any Out -Parcels — 0
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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 REQUIRED
5.10 -dwelling units per acre
1,598 -square feet**
21 -feet
0 -feet
38.03 -acres
50.7%
5.10 -dwelling units per acre
(as limited within the
development agreement) *
5,000 -square feet
50 -feet
0 -feet
14.16 -acres
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.
* Based on the residential area with the floodway and commercial areas excluded.
** The applicant has provided the required offsetting increase in open space for lots below the
minimum lot size.
I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The general site design features (inclusive of the proposed public pathways and sidewalks) were
approved with the original preliminary plat associated with Eagle Lakes Subdivision. The
applicant's request is to reconfigure the area where the single-family residential units were
previously approved. The proposed modification is in conformance with the Comprehensive Plan
and Eagle City Code, in regard to allowed density and required open space. The applicant will also
be required to comply with the previously approved Eagle Lakes Subdivision conditions of
approval, with the exception as modified herein.
Open Space:
A total of 38.03 -acres (50.7%) of open space is proposed within the overall development. The
open space consists of a large pond for recreation (boats and fishing), greenbelt pathway, two (2)
swimming pools, clubhouse, pool house, beach area, two (2) tot lots, shelters, firepits, and
pathways located throughout the development.
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.
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Utility and Drainage Easements, and Underground Utilities:
The preliminary plat site plan, date stamped by the City on April 24, 2018, indicates the proposed
easements. The proposed easements are reduced from the width (12 -feet) typically required
pursuant to Eagle City Code to allow for reduced setbacks. The easement width may be considered
as part of a planned unit development. Eagle Lakes Subdivision was approved with a development
agreement in lieu of a planned unit development.
Fire Hydrants and Water Mains:
The preliminary plat shows 7 -fire hydrants located within the modified area. The hydrants should
be installed and approved as required by the Eagle Fire Department. The proposed development is
located within the Eagle Water Company water service area.
On-site Septic System (yes or no) — Yes
The site contained a residential dwelling that was removed from the site between April of 2015
and April of 2016. The residential dwelling was formerly served by a septic system and it is
unknown if the septic system was properly abandoned. The applicant will be required to provide
correspondence from the project engineer indicating the septic system was properly abandoned.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
J. STREET DESIGN:
Public Streets:
The area of the preliminary plat being modified contain no public streets.
Private Streets:
The preliminary plat modification engineering plan, date stamped by the City on April 24, 2018,
shows typical private street section serving the single-family lots with a 50.50 -foot right-of-way
located within a common lot. The private roadway section is inclusive of a 28 -foot wide roadway
section (as measured from back of curb to back of curb) with 18 -inch wide ribbon curb on one (1)
side of the street and vertical curb with standard gutter on the opposite side of the street, 6 -foot
wide landscaping strips and 5 -foot wide detached sidewalks located on each side of the street. The
street section also shows a 3 -inch wide area located between the sidewalk and the property line.
Applicant's Justification for Private Streets:
See applicant's justification letter, date stamped by the City on May 2, 2018 (attached to the staff
report).
Blocks Less Than 500': None
Cul-de-sac Design: None proposed.
Sidewalks:
The proposed private street will have a five foot (5') wide detached sidewalk located on each side
of the street, with the exception of the area located on the south side of the private street where the
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sidewalk will be located on the south side of the private street from South Ancona Avenue to
approximately 622 -feet west.
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
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lights shall be completed
before the final plat approval.
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:
The preliminary plat modification engineering plan, date stamped by the City on April 24, 2018,
shows five foot (5') wide sidewalks at the following locations: 1) through common lot 41, 2)
adjacent to the beach area, and 3) providing access to the beach from the parking area located in
proximity to the entrance to the area containing the single-family attached dwellings.
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 — Yes — See Environmental Assessment Plan (addressed
with the original preliminary plat approval PP -07-15)
Evidence of Erosion — None identified to date
Fish Habitat — Yes — Boise River and ponds located on-site
Floodplain — Yes — Applicant has submitted a floodplain development permit (FPDP-01-15)
Mature Trees — Yes — Located adjacent in proximity to the west property line (approximately 640 -
feet south of Riverside Drive) and within the floodway area
Riparian Vegetation — Yes — located adjacent to the Boise River
Steep Slopes — None
Stream/Creek — Yes — Boise River
Unique Animal Life — None identified to date
Unique Plant Life — Yes — Riparian areas located adjacent to the Boise River and existing ponds
Unstable Soils — None identified to date
Wildlife Habitat — Yes — Located adjacent to the Boise River
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The project is located within the boundaries of the Eagle Sewer District and the Eagle Water
Company's certificated service area.
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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 May 15, 2018, are of special
concern (attached to the staff report).
Ada County Highway District
Andeavor
Department of Environmental Quality
Eagle Fire Department
West Ada School District
Q. LETTERS FROM THE PUBLIC: None
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Mixed Use
Suitable primarily for a mixture of uses including limited office, limited commercial, and
residential. Residential densities within the designation is up to 20 units per acre but density will
be determined on a site by site basis. Uses should complement and not take away from downtown
Eagle. Development within this land use designation should be required to proceed through the
PUD and/or development agreement process. See the planning area text for a complete description
of site specific uses.
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.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency
Management Administration Flood Insurance Rate Maps (FIRM) along the Boise River and Dry
Creek (generally shown as floodway on the Land Use Map). These areas are to remain open space
because of the nature of the floodway which can pose significant hazards during a flood event.
Floodway areas are excluded from being used for calculating residential and development
densities. Any portion of the floodway developed as a substantially improved wildlife habitat
and/or wetlands area that is open to and usable by the public for open space, such as pathways, ball
fields, parks, or similar amenities, as may be credited toward the minimum open space required for
a development, if approved by the City Council.
When discrepancies exist between the floodway boundary shown on the Land Use Map and the
floodway boundary shown on the FIRM maps so that the floodway area is smaller than that shown
on the Land Use Map, the adjacent land use designation shown shall be considered to abut the
actual floodway boundary.
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B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 8-1-2 defines Dwelling, Multi -Family as:
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.
• Eagle City Code, Section 8-1-2 defines Lot Coverage as:
The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area
of the lot, expressed as a percentage.
• 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 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the zoning
districts have been formulated to realize the general purposes as set forth in this title. In addition,
the specific purpose of each zoning district shall be as follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office,
limited commercial, and residential. This district is intended to ensure compatibility of new
development with existing and future development. It is also intended to ensure assemblage of
properties in a unified plan with coordinated and harmonious development which shall promote
outstanding design without unsightly and unsafe strip commercial development. Uses should
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 ten
(10) 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.
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• 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
District Height Side
'MU
1135' I
20'
20'
Street Maximum Minimum Minimum
Side Lot Lot Area Lot
Covered (Acres Or Sq. Width I*
Ft.) G And
H*
17.5' 1120' 1150% 115,000 1150'
8-2-4(G):
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.
• Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
C. PUDs located within one-fourth (1/4) mile of an arterial roadway, as identified on the
transportation and pathway network plan in the Eagle comprehensive plan, may be permitted
to design and construct up to fifteen percent (15%) of the units within the development as
multi-family/attached units with the following specifications:
6. Height, area, and setback regulations for attached units shall be as follows:
Minimum Yard Setbacks
Note Conditions A to E*
Minimum
Maximum Front Rear Street Interior Side Building Minimum
Height Side (Outside Wall) Separation Lot Area
35' 20' 25' 20' 10' 20' 2,000
square
feet per
unit
C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 9-1-6: Rules and Definitions:
COMMON AREA OPEN SPACE: Land within a development, not individually owned or
dedicated for public use (except for the portion of the 8 foot wide landscape strip located adjacent
to and within the public right of way of a local street), or for use as private streets, which is
designed and intended for the common use or enjoyment of the residents of the development. It
may include complementary structures and improvements (see definitions of Open Space; Open
Space, Active; and Open Space, Passive).
CUL-DE-SAC: A street connected to another street at one end only and provided with a
turnaround space at its terminus.
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OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot wide
landscape strip located adjacent to and within the public right of way of a local street) substantially
open to the sky, exclusive of streets, commercial and residential buildings, and shall be designated
and intended as a usable and convenient amenity for the residences of any proposed development.
OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic fields,
buildings or structures for recreational activities including picnic areas, community garden, courses
or courts, children's play area, dog play area, and pathways, excluding passive open space areas.
Landscape buffer areas not required pursuant to subsection 8 -2A -7J of this title may be
considered, in part, as active open space provided a pathway or other active amenity is located
within and incorporated into the buffer area. Up to fifteen percent (15%) of the total area of water
bodies (i.e., ponds) within a development may be considered active open space provided there is a
finding that the ponds employ active recreation capabilities such as fishing, rafting, canoeing, and
the like.
OPEN SPACE, PASSIVE: Common area which includes, but is not limited to, landscaped buffer
areas required pursuant to subsection 8 -2A -7J of this code (including the sidewalk within the
buffer area), natural areas, wetland areas, ornamental gardens, decorative fountains, and water
bodies, excluding active open space areas.
• Eagle City Code, Section 9-3-2-1: Location and Design
G. Cul -De -Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet (750') in
length and shall terminate with an adequate circular turnaround having a minimum radius of
fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet
(10'). A minimum of forty feet (40') of pavement shall be provided between the landscape
island and the outside edge of the street as measured from the face of curb of the island to the
face of curb located on the outside edge of the street. One traffic control sign stating that on
street parking is prohibited within the turnaround shall be installed at the entrance of the
turnaround on the driver's side of the street. The following exceptions may be considered by
the council:
1. Alternative types of turnarounds for cul-de-sacs which will provide access to less than
thirteen (13) dwelling units may be permitted by the city if approved by the fire
department and the highway district having jurisdiction.
• 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 no more than ten percent (10%) of the lots
within a planned unit development provided the council determines that the private streets are
in compliance with 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.
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6. Other than to provide emergency access, the private streets do not connect one public street
to another, thereby encouraging travel through the development served by the private
street.
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 9-3-2-1 G of
this chapter and subject to the approval of the Eagle fire district and city engineer and
provided further that proper maintenance of the island is provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle fire
district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city engineer,
and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared by a
licensed professional engineer in the state in substantial conformance with engineering
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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 C 1 of this section. Said restrictive covenant shall also provide that the said
covenant shall run with the land and that the said covenant cannot be modified and that
the homeowners'/property owners' association or other entity cannot be dissolved without
the express consent of the city. The said restrictive covenant shall be reviewed and
approved by the city attorney prior to certification and signing of the final plat by the city
engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the entity
responsible for the maintenance of any private street approved in accordance with the
provisions of this section to undertake such repair and maintenance activities as it may
determine is necessary to protect the public health, safety, or welfare and make such
expenditures from the funds reserved therefor as may be required thereby; and the owner
or responsible entity shall, as a condition of approval of any such private street, be deemed
to have agreed to comply with any such order and to reimburse the city all of its costs,
including attorney fees, incurred in obtaining or enforcing any such order. Any order
entered by the council pursuant to this subsection may be enforced by a court of competent
jurisdiction and the city shall be entitled to recover its costs and attorney fees incurred in
connection therewith.
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D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all
applicable components of the comprehensive plan.
• Eagle City Code Section, 9-3-5: Lots:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height and
area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from
the standards within section 8-2-4 of this code may be considered as part of the planned unit
development.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot
lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement
widths, to coincide with respective setbacks, may be considered as part of the planned unit
development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement
along side lot lines or as required by the city council. Total easement width, including the
utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to
coincide with respective setbacks, may be considered as part of the planned unit development.
• Eagle City Code Section 9-3-7: Planting Strips and Reserve Strips:
Planting strips and reserve strips shall conform to the following standards:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed next to
incompatible features such as highways, railroads, commercial or industrial uses to screen the
view from residential properties and to provide noise mitigation for those residents. Such
planting strips/buffer areas shall be a minimum of twenty feet (20') wide unless a greater width
is required within section 8-2A-7 of this code. The landscape strip/buffer area shall not be a
part of the normal street right of way and shall comply with all landscape/buffer area
requirements within section 8-2A-7 of this code.
• Eagle City Code Section 9-3-8: Public Sites and Open Spaces:
Public sites and open spaces shall conform to the following standards:
C. Special Development: In the case of planned unit developments and large scale developments,
the city council may require sufficient public and/or private park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
development.
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required.
• Eagle City Code Section 9-4-1-9: Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
1. All residential dwelling units shall be provided with a pressurized irrigation system to be
served with irrigation water unless a waiver, as outlined herein, is approved by the city
council.
The city has adopted supplemental standards and regulations (titled "Pressure Irrigation
Standards", incorporated herein by reference and available at Eagle city hall) pertaining to
the design, construction and maintenance of pressurized irrigation systems. Plans and
documents reflecting the required standards and regulations shall be submitted with the
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application for a preliminary plat.
The following design requirements and the requirements provided within the supplemental
"Pressure Irrigation Standards" shall apply to the pressurized irrigation system. These
standards shall supplement all other regulations, and where at variance with other laws,
regulations, ordinances or resolutions, the more restrictive requirements shall apply. The
council may determine that revisions to the supplemental standards are warranted and
make such revisions by act of a resolution.
a. The pressurized irrigation system may have a backup connection to a potable water
system with the approval of the city, city engineer, and the potable water purveyor,
and the installation of a state approved reduced pressure backflow prevention
assembly or an air gap separating the irrigation system and the potable water system.
The operation, maintenance, associated costs, and annual inspection of the backup
connection and the backup system's reduced pressure backflow prevention assembly
shall be the responsibility of the entities as determined in "Pressure Irrigation
Standards" of this section. Individual backup connections to individual lots by
individual lot owners shall be prohibited with the exception of the common area lots
owned and maintained by the homeowners' association.
b. The pressurized irrigation system shall be designed by a licensed professional engineer
registered in the state of Idaho, and the construction plans for the system shall be
reviewed and approved by the city engineer.
• Eagle City Code, Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum eight feet (8') wide and shall be located within a
sixteen foot (16') wide pedestrian access easement, however, in an area where low volume
pedestrian traffic is anticipated, the council may consider a reduction in pathway width to
six feet (6'). Regional pathways such as the Boise River greenbelt and pathways located
adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located
within a twenty foot (20') wide pedestrian access easement.
3. A five foot (5') wide landscaped area/building and fence setback, as measured from both
edges of the paved path, shall be required, and will be owned by either the abutting
property owner(s) or a homeowners' association unless accepted by a public entity. The
five foot (5') wide landscaped area on either side of the pathway may be decreased to a
minimum of two feet (2') wide (as measured from the edge of asphalt to the easement line)
when used in conjunction with a meandering pathway, however, the total width of the
landscape area shall not be less than ten feet (10') (i.e., 2 feet on one side of the path and 8
feet on the other). For safety purposes, planting material in this area is limited to three feet
(3') in height. The landscape, fence and building regulations for this area shall be indicated
by a note on the plat.
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.
5. If sidewalk is required on one side of each street only (as provided for in subsection F1 of
this section), then the trees on the side of the street with no sidewalk shall be placed within
five feet (5') of the edge of roadway.
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required.
• Eagle City Code Section 9-4-1-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be required for the
protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats shall
show the location of all buffer areas.
• Eagle City Code, Section 9-5-5: Large Scale Development Subdivision; Required Information
Large scale development subdivisions proposed within the R-2, R-3, R-4, and MU zoning districts
shall be submitted as planned unit developments. Due to the impact that a large scale development
would have on public utilities and services, the developer shall submit the following information
along with the preliminary plat:
A. Identification of 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;
B. Estimate of the public service costs to provide adequate service to the development;
C. Estimate of the tax revenue that will be generated from the development; and
D. Suggested public means of financing the services for the development if the cost for the public
services would not be offset by tax revenue received from the development.
• Eagle City Code, Section 9-5-7: Subdivision Within A Floodplain:
In addition to the provisions of this title, any subdivision within the designated floodplain of the
city shall comply with all applicable provisions of the floodplain regulations of the city as now in
effect or as may hereafter be amended.
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D. FLOOD CONTROL CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 10-1-1: Findings of Fact and Purpose:
B. Purpose: It is the purpose of this title to promote the public health, safety and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed:
1. To protect human life and health;
2. To minimize expenditure of public money for costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
5. To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in areas of special flood hazard;
6. To help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future flood blight areas;
7. To ensure that potential buyers are notified that property is in an area of special flood
hazard, warn that city review and approval is not going to prevent flooding and that
flooding may occur, and advise of information available to the city regarding flood
hazards, studies and available options;
8. To ensure that those who occupy the areas of special flood hazard assume responsibility
for their actions;
10. To restrict or prohibit uses which are injurious to health, safety or property in times of
flood, which result in environmental damage, or that cause increased flood heights or
velocities;
11. To minimize the impact of development adjacent to waterways on adjacent properties
upstream, downstream and across waterways;
12. To review development plans for property adjacent to waterways to minimize the
obstruction of the conveyance of floodwaters, review drainage/obstructions to flood
carrying capacity, and guide development adjacent to waterways toward the most
appropriate building envelope for its particular site;
13. To carry out the provisions of the comprehensive plan as well as health, safety and welfare
with regard to properties adjacent to waterways;
14. To review landscaping and access for flood carrying capacity and preservation or
enhancement of riparian vegetation;
15. To allow the river and creeks and their adjacent lands to convey floodwaters to minimize
property damage;
16. To regulate uses in the floodplain for the purpose of preserving, protecting, and enhancing
the abundance and diversity of fish, wildlife and riparian resources; and
17. To protect, preserve and enhance the waterways and floodplains as a recreation resource.
• Eagle City Code, Section 10-1-2: Methods of Accomplishing Purpose:
In order to accomplish its purpose, this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water
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or erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities;
• Eagle City Code, Section 10-1-5: Rules and Definitions:
AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain subject to one percent (1%)
or greater chance of flooding in any given year. Designation on maps always includes the letters A
or V. Areas of special flood hazard shall include all areas previously identified within the areas of
special flood hazard (ASFH) that have been excluded from the ASFH by a letter of map revision
(LOMR-F).
FLOODWAY: The channel of a river or other watercourse and adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot (1').
MEAN HIGH WATER MARK: A water level corresponding to the natural or ordinary high water
mark and is the line which the water impresses on the soil by covering it for sufficient periods of
time to deprive the soil of its terrestrial vegetation and destroy its value for commonly accepted
agricultural purposes. The current mean high water mark is at a flow of six thousand five hundred
(6,500) cubic feet per second (cfs) along the Boise River. Tributary waters within the city of Eagle
will reference specific data establishing the water level. The mean high water mark is established
by the U.S. army corps of engineers.
NO ADVERSE IMPACT: Floodplain management where the action of one property owner does
not adversely impact public property or other private property, as measured by increased flood
peaks, flood stage, flood velocity, and erosion and sedimentation. No adverse impact floodplain
management is a policy which provides a means to promote the use of retention/detention or other
techniques to mitigate increased runoff from urban areas.
RIPARIAN ZONE: That area along the banks of any waterway twenty five feet (25') in width
measured landward from the mean high water mark.
• Eagle City Code, Section 10-1-8-2: General Building Requirements:
E. Postconstruction Elevation Certificate: Prior to issuance of a certificate of occupancy, a
postconstruction elevation certificate (FEMA form 81-31) referencing land and structures
included or removed from the area of special flood hazard is required. All lots and structures
removed from the area of special flood hazard by letter of map change require certification by
a registered professional engineer demonstrating that the lot or structure is "reasonably safe
from flooding", as defined in section 10-1-5 of this chapter. The elevation certificate must
verify the elevation of the lowest floor or lowest adjacent grade to be one foot (1') above base
flood elevation.
• Eagle City Code, Section 10-1-8-5: Subdivisions:
A. All subdivision proposals shall be consistent with the need to minimize flood damage;
B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical
and water systems located and constructed to minimize flood damage;
C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
damage; and
D. Base flood elevation data shall be provided for subdivision proposals and other proposed
development located within any area of special flood hazard. (Ord. 332, 2-23-1999; and. Ord.
700A, 3-11-2014)
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E. All subdivision plats shall identify and designate the 100 -year floodplain boundary and the
floodway boundary including a certification by a registered surveyor that the boundaries were
established consistent with the FIRM map for the city of Eagle. All subdivision plats shall
contain a note or notes that warn prospective buyers of property that sheet flooding can and
will occur and that floods of greater magnitude may inundate areas outside identified floodway
and floodplain boundary lines.
F. All subdivision plats shall contain note(s) that refer to the required twenty five foot (25')
setback from all waterways, called the riparian zone, in which no improvement is permitted
and require that riparian vegetation shall be maintained in its natural state for the protection
and stabilization of the riverbank and that removal of trees or other vegetation is regulated.
• Eagle City Code, Section 10-1-8-6: Specific Standards:
In all cases of special flood hazard where base flood elevation data has been provided as set forth
in section 10-1-6 of this chapter, the provisions of this chapter shall be required:
D. Floodways: Located within areas of special flood hazard established in section 10-1-6 of this
chapter, are areas designated as floodways. Since the floodway is an extremely hazardous area
due to the velocity of floodwaters which carry debris, potential projectile and erosion potential,
the following provisions apply: (Ord. 332, 2-23-1999, and Ord. 700A, 3-11-2014)
1. Encroachments, including fill, new construction, substantial improvements and other
development, are prohibited unless an approved floodplain development permit is issued
demonstrating that encroachments shall not result in any adverse impacts during the
occurrence of the base flood.
2. Encroachments, including fill, new construction, substantial improvements and other
development are prohibited unless certification by a registered professional hydraulic
engineer is provided demonstrating that encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge; and uses within the
floodway shall be restricted to those which are required by public necessity (for example,
bridges; water pumps), recreational use (for example, paths), wildlife habitat
improvements (for example, vegetation; nesting structures; pool/riffle improvements), and
gravel extraction; provided that the use/encroachment meets the approval of the federal
emergency management agency and national flood insurance program and does not
jeopardize the city's participation in the national flood insurance program.
3. Subsection D1 of this section shall comply with all applicable flood hazard reduction
provisions of this section 10-1-8.
5. All buildings shall be set back a minimum of one hundred feet (100') from the floodway
line. Except that when the area of special flood hazard boundary is one hundred feet (100')
or less from the floodway line, the boundary line shall be the setback line.
6. No development is permitted within the twenty five foot (25') setback from all waterways
called the riparian zone and riparian vegetation shall be maintained in its natural state for
the protection and stabilization of the riverbank, and removal of trees or other vegetation is
regulated in accordance with this chapter.
7. For all subdivisions along the Boise River, prior written approval from Flood Control
District 10 is required to protect access to the river for maintenance.
8. Compensating excavation in accordance with an engineered plan for orderly conveyance of
floodwater, or equivalent mitigating measures may be performed in the floodway when
certified by a registered professional engineer. Mitigation design shall include provisions
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to prevent relocation or diversion of flow paths from causing increased jeopardy to any off
site property at any level of flooding from the 1 -year flood up to the base flood.
Maintenance provisions for excavated areas prone to fill from sediment and other debris
shall follow the requirements of subsection 9-3-2-5C of this code for private streets.
9. In the design of public and private parks and open space areas, fixed structures or
equipment that would impede floodwaters shall not be permitted within the floodway.
E. Riparian Areas: Located within areas of special flood hazard, established in section 10-1-6 of
this chapter, are areas designated as riparian areas. Since riparian areas provide critical flood
management and fish and wildlife habitat, the following provisions apply:
1. Preservation or restoration of the inherent natural characteristics of the river and creeks
within the floodplain;
2. Preservation of riparian vegetation and wildlife habitat, if any, along the stream bank and
within the required minimum twenty five foot (25') setback or riparian zone;
3. No development or other than development by the city of Eagle or required for emergency
access shall occur within the twenty five foot (25') riparian zone with the exception of
approved stream stabilization work. The Eagle city council may approve access to
property where no other primary access is available. Private pathways and staircases shall
not lead into or through the riparian zone unless deemed necessary by the Eagle city
council.
4. Plan and time frame shall be provided for restoration of riparian vegetation damaged as a
result of the work done;
5. New or replacement planting and vegetation shall include plantings that are low growing
and have dense root systems for the purpose of stabilizing stream banks and repairing
damage previously done to riparian vegetation. Examples of such plantings include: red
osier dogwood, common chokecherry, serviceberry, elderberry, river birch, skunk bush
sumac, beb's willow, drummond's willow, little wild rose, gooseberry, and honeysuckle.
E. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The applicant is requesting a modification of the executed development agreement (Instrument #2016-
091680) to address the preliminary plat modification (PP -07-15 MOD).
F. DISCUSSION (based on the preliminary plat modification [MOD -1 ], date stamped by the City on
April 24, 2018):
• The applicant is requesting a development agreement modification and preliminary plat
modification to reconfigure the area where the single-family dwellings were proposed with the
original preliminary plat. The executed development agreement (instrument #2016-091680)
permitted for a maximum of 321 -residential units. The Eagle Lakes development preliminary plat
was originally approved with 301 -residential units, the applicant is requesting to increase the
number of residential units (within the preliminary plat) by 26 -units for a total of 327 -residential
units but only an increase of 26 -residential units per the executed development agreement. The
original preliminary plat contained 51 single-family detached residential units. The modified
preliminary plat contains 35 single-family detached units and 42 single-family attached residential
units.
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• As previously discussed the applicant is requesting a preliminary plat modification to reconfigure
the area where the single-family dwellings were proposed. However, it should be noted that since
approval of the preliminary plat other areas located outside of the area proposed to be modified
have changed as well. The following items should be included in the preliminary plat
modification:
o The common lot (Lot 1, Block 5) containing the existing pond area located adjacent to the area
subject to the modification has changed in configuration since the approval of the original
preliminary plat. A portion of Lot 1, Block 5, was shown on the original preliminary plat to
contain buildable lots. Since the configuration of Lot 1, Block 5, and the residential area
identified for modification as changed in configuration Lot 1, Block 5, should be included
with the subject preliminary plat modification. Also plat note #1 does not identify Lot 1, Block
5, as a common lot. In the event the subject preliminary plat modification is approved the
modified preliminary plat will be the approved preliminary plat that subsequent final plats will
be reviewed to determine if the final plat is in conformance with the preliminary plat,
therefore, the plat notes need to reflect the preliminary plat in its entirety. The applicant should
be required to provide a revised preliminary plat modification showing Lot 1, Block 5 to be
included within the modified area prior to submittal of a final plat application. The applicant
should provide a revised preliminary plat modification with plat note #1 modified to include
Lot 1, Block 5, as a common lot. The revised preliminary plat should be provided prior to
submittal of a final plat application.
o The approved original preliminary plat contained 12 commercial lots located within the
northwest portion of the subdivision. The commercial lot configuration consisted of 2 -lots
located north of East Riverside Drive and 10 lots located south of East Riverside Drive. As
part of the approval of Truman Cove Subdivision (formerly known as Eagle Lakes
Subdivision) the City Council approved the final plat with 3 -lots located north of East
Riverside Drive with the understanding that 1 of the lots located south of East Riverside Drive
would be removed. Also, the original preliminary plat did not show an emergency access
being provided through the commercial area into the single-family residential area. The
preliminary plat shows an emergency vehicle access provided from South Ancona Avenue
through commercial Lot 10, Block 3. The preliminary plat modification identifies the access as
a "Gravel emergency vehicle access (EVA) to be constructed with phase 2." Since the EVA
access is designed to be utilized by emergency vehicles it should be paved. Since the applicant
is modifying the preliminary plat, the applicant should be required to provide a revised
preliminary plat showing 3 -commercial lots located north of East Riverside Drive and 9 -
commercial lots located south of East Riverside Drive. The revised preliminary plat should
also show the location of the emergency vehicle access (EVA) providing access from East
Ancona Avenue through Block 3 to Block 4. The EVA should be paved prior to signature of
the final plat. The revised preliminary plat should be provided prior to submittal of a final plat
application.
• 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 proposed
setbacks as shown on the preliminary plat modification, date stamped by the City on April 24,
2018, reflects the following setbacks for the single-family units:
Single-family detached residential setbacks:
Front
Lots 5-9, Block 4 15 -feet (Front Loaded Garage 20 -feet)
Lots 10-23, Block 4 15 -feet (Front Loaded Garage 20 -feet)
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Lots 24-31 & Lots 33-40, Block 4 5 -feet
Rear
Lots 5-9, Block 4 15 -feet
Lots 10-23, Block 4 15 -feet or top of bank, whichever is greater
Lots 24-31 & Lots 33-40, Block 4 8 -feet (at alley)
Side 5 -feet
Street Side 5 -feet —vehicle access shall be prohibited
Townhome (attached sinczle-family) residential setbacks shall be as follows:
Front 5 -feet
Rear (at access drive) 8 -feet
Interior Side 0 -feet
Exterior Side 5 -feet
Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the MU
(Mixed Use):
Front 20 -feet
Rear 20 -feet
Interior Side 7.5 -feet (first story)/12.5-feet (second story)
Street Side 20 -feet
Maximum Lot Coverage 50%
Eagle City Code Section 8-2-4(A)(4): A single-family dwelling that utilizes a side entry garage
shall be permitted to have a 5 -foot reduction in the minimum required front yard setback provided
that the distance in no less than 15 -feet within the MU zoning district.
Eagle City Code Section 8-2-4(G): All front load garages shall be setback a minimum of 25 -feet
from the back of sidewalk.
The applicant is proposing the front setback for Lots 24-31, Block 4, at five -feet. The lots also
show a five-foot wide PUID (public utility, irrigation, and drainage) easement located adjacent to
the private road. Pursuant to Eagle City Code Section 9-3-6, a twelve -foot wide public utility and
drainage easement. The common lot containing a blanket PUID easement bordering Lots 24-31,
Block 4, contains the private street, a minimum ten -foot front setback should be required to allow
the installation of utilities within a joint trench located outside of the private street area.
The proposed rear setback for Lots 10-23, Block 4, is 15 -feet or top of bank, whichever is greater
(pier posts/decks allowed within). Plat note #11 states, "Pond at Lot 1, Block 5, shall have a
permanent easement, for pond and pond vegetation maintenance, 15 feet beyond the normal high
water mark." The proposed setbacks will allow for pier posts and/or decks to encroach into the
pond vegetation maintenance easement thus blocking access for pond maintenance. The
referencing to allowing pier posts/decks within the pond easement should be removed.
The proposed side setback for the single-family detached residential units is five -feet. The
applicant proposal does not address two-story structures. Condition of Development #3.4 of the
executed development agreement associated with the property (Instrument #2016-091680) lists the
side setback for the single-family residential as five -feet for one and two-story structures. The side
setback should be address for one and two-story structures. Also, street side setbacks are not
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addressed within the townhome area.
The maximum lot coverage percentage within the MU (Mixed Use) zoning district is 50 -percent.
The applicant's proposed setbacks do not address maximum lot coverage. The preliminary plat
modification shows the townhome lots with building footprints covering up to 70 -percent of the
buildable area. The preliminary plat modification does not show building footprints within the
single-family detached residential area does not Based on a 50 -percent lot coverage, the alley -
loaded lots located within the single-family detached residential area would allow for a building
footprint ranging from 1,806-2,159 square feet in size. As proposed the single-family detached
residential lots should have a maximum lot coverage of 50%.
It is staff's opinion the setbacks should be as follows:
Single-family residential setbacks:
Front
Lots 5-9, Block 4 15 -feet (Front Loaded Garage 20 -feet)
Lots 10-23, Block 4 15 -feet (Front Loaded Garage 20 -feet)
Lots 24-31, Block 4 10 -feet
Lots 33-40, Block 4 5 -feet
Rear
Lots 5-9, Block 4 15 -feet
Lots 10-23, Block 4 15 -feet or top of bank, whichever is greater
Lots 24-31 & Lots 33-40, Block 4 8 -feet (at alley)
Side 5 -feet (up to two-story)
Street Side 5 -feet —vehicle access shall be
prohibited
Maximum lot coverage 50%
Townhome residential setbacks shall be as follows:
Front 5 -feet
Rear (at access drive) 8 -feet
Interior Side 0 -feet
Exterior Side 5 -feet
Street Side 5 -feet —vehicle access shall be
prohibited
Maximum lot coverage 70%
• Plat note #4 of the preliminary plat modification states, "The 2003 floodway line has been shown
on this plat any required setbacks for the floodway line shall be defined in the accompanying
development agreement for this subdivision or meet the requirements of Eagle City Code Title
10."
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The setbacks for structures located in proximity to the floodway line will be determined pursuant
to Eagle City Code Section 10-1-8-6(D)(5), which requires that all buildings shall be setback a
minimum of 100 -feet from the floodway line. The development agreement will not contain a
condition of development which would allow a reduction of the floodway setback. The applicant
should be required to provide a revised preliminary plat with plat note #4 revised to state, "The
required setbacks from the floodway line shall be in conformance with Eagle City Code Title 10."
The revised preliminary plat should be provided prior to submittal of a final plat application.
• Plat note #17 of the preliminary plat modification states, "The developer shall be required to
obtain the proper permit and subsequently abandon the existing septic system and drainfield
located on-site. Upon removal the developer shall provide documentation from Central District
Health Department indicating the septic system and drainfield were properly abandoned prior to
the City Clerk's signing the final plat." (sic)
A representative of Central District Health Department has previously contacted the City and
indicated they do not provide this service. The applicant should be required to provide a revised
preliminary plat modification with plat note #17 (concerning removal of the septic system and
drainfield) removed prior to submittal of a final plat application. The applicant should also be
required to provide correspondence from the project engineer certifying the septic and drainfield
have been removed from the site prior to the City Clerk signing the final plat.
• Plat note #18 of the preliminary plat modification states, "The developer shall provide
documentation from Central District Health Department indicating the individual wells located on-
site were properly abandoned prior to City Clerk's signing the final plat." (sic)
A representative of Central District Health Department has previously contacted the City and
indicated they do not provide this service. The applicant should be required to provide a revised
preliminary plat modification with plat note #18 (concerning removal of the individual wells)
removed prior to submittal of a final plat application. The applicant should also be required to
provide correspondence from the project engineer certifying the individual wells have been
abandoned from the site prior to the City Clerk signing the final plat.
• The preliminary plat modification engineering plan delineates the townhome building footprints.
The townhome building footprints located on Lots 73 and 74, Block 4, are separated
approximately 15 -feet in width. The townhome building footprints located on Lots 84 and 85,
Block 4, are separated approximately 10 -feet in width. Pursuant to Eagle City Code Section 8-6-6-
5, the required minimum building separation between buildings containing multi -family dwellings
is 20 -feet. The applicant should be required to provide a revised preliminary plat showing the
buildings containing the multi -family dwellings (single-family attached) separated a minimum of
20 -feet in width. The revised preliminary plat should be provided prior to submittal of a final plat
application.
• Plat note #24 of the preliminary plat modification states, "Common Lot 3 Block 4 shall have a
blanket public greenbelt access pathway easement." (sic)
Although the plat note identifies the common lot has a public greenbelt pathway easement, the
location of the easement is not delineated on the plat. The specific location of the public pathway
easement located within Lot 3, Block 4, should be identified in a recorded easement or easements
dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E)(2). The
applicant should be required to provide a revised preliminary plat modification with plat note #24
revised to state, "Common Lot 3, Block 4, shall have a public greenbelt access pathway easement
in favor of the City of Eagle, Instrument # . The revised preliminary plat should
identify the specific location of the public pathway easement or easements and reference the
instrument number of the recorded easement or easements within Lot 3, Block 4. The revised
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preliminary plat should be provided prior to submittal of a final plat application.
• The preliminary plat modification delineates and notes a 5 -foot wide PUID easement located
adjacent to the private street on Lots 24-31, Block 4. Pursuant to Eagle City Code Section 9-3-6,
utility and drainage easements are required to be a minimum of 12 -feet in width, except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of a planned unit
development. Typically, a reduction of easement widths is only considered on site lot lines to
coincide with side lot line setbacks. As previously discussed the installation of utilities to be
contained within a joint trench facility should be located outside of the common lot containing the
private street. The applicant should be required to provide a revised preliminary plat delineating
and noting the easement area of Lots 24-31, Block 4, located adjacent to the private street to be a
minimum of 10 -feet in width. The revised preliminary plat should be provided prior to submittal of
a final plat application.
• The preliminary plat modification delineates and notes a l0 -foot wide sidewalk and Eagle Water
Company easement located adjacent to the side lot lines shared by Lots 73 and 74, Block 4. The
sidewalk shown is 5 -feet in width. The sidewalk is a part of the pathway system that provides
pedestrian connectivity within the common areas located throughout the development. The Eagle
Water Company easement contains a water line that provides connectivity from Eagle Water
Company's Wellhouse No. 8. The water line does not provide services to the attached residential
units in proximity to where the line is located. Pursuant to Eagle City Code Section 9-4-1-6(D)(1),
micropathways within subdivisions which are designed for primary use by the residents of the
subdivision shall be a minimum of 8 -feet in width and shall be located within a 16 -foot wide
pedestrian easement, however, in an area where low volume pedestrian traffic is anticipated, the
Council may consider a reduction in pathway width to 6 -feet. Since the sidewalk is a part of the
pathway system that provides connectivity to the common areas combined with the Eagle Water
Company's water line, the applicant should be required to locate the pathway and water line within
a common lot a minimum of 16 -feet in width. The applicant should be required to provide a
revised preliminary plat showing the sidewalk and Eagle Water Company's water line located
between Lots 73 and 74, Block 4, located within a common lot which is a minimum of 16 -feet in
width. The revised preliminary plat should be provided prior to submittal of a design review
application.
• The preliminary plat modification shows a pathway system comprised of sidewalks which are 5 -
feet in width. Pursuant to Eagle City Code Section 9-4-1-6(D)(1), micropathways within
subdivisions which are designed for primary use by the residents of the subdivision shall be a
minimum of 8 -feet in width and shall be located within a 16 -foot wide pedestrian easement,
however, in an area where low volume pedestrian traffic is anticipated, the Council may consider a
reduction in pathway width to 6 -feet. The applicant should be required to provide a revised
preliminary plat showing the sidewalks, which are not located adjacent to a street, a minimum of
6 -feet in width. The revised preliminary plat modification should be provided prior to submittal of
a design review application.
• The preliminary plat modification shows Lot 10, Block 4, contains a proposed driveway easement
in favor or Lot 11 (noted on the face of the plat), which provides access from the private street
(Lot 2, Block 4) to Lot 11, Block 4. Also, the plat notes do not note the easement, perpetual right
of ingress/egress, and responsibility for maintenance. Since the driveway will be providing access
to more than one lot the driveway should be located within a common lot. The applicant should
provide a revised preliminary plat showing the driveway area providing access to Lots 10-11,
Block 4, located within a common lot. The revised preliminary plat should contain a new plat note
identifying the Lot and Block number associated with the common lot providing driveway access
to Lots 10-11, Block 4. The plat note should also contain language that a) convey to the lot owners
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of Lots 10-11, Block 4, the perpetual right of ingress and egress over (identify Lot and Block
number of common lot), b) provides that the easement runs with the land, c) provides that the
owners of Lots 10-11, Block 4, shall be responsible for the maintenance of the driveway and
common lot, and d) provide that a restrictive covenant for maintenance of the common lot and
driveway 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.
• The preliminary plat modification shows the private street (Lot 2, Block 4) providing access into
the single-family residential area approximately 1390 -feet in length and terminating with no
turnaround. The private alley (Lot 32, Block 4) that provides alley access road to Lots 24-31 and
33-40, Block 4, intersects the private street on the south side approximately 50 -feet south of the
terminus. Based on the configuration of the private street and the private alley it appears the
private alley will be utilized as a turnaround. If the private alley is used as a turnaround the private
alley would more than likely be utilized as a continuation of the private street and become part of
the traffic circulation system within the development. The street section for the alley, shown on the
preliminary plat modification engineering plan, shows the alley at 20 -feet in width. The alley is not
designed for utilization as a part of the traffic circulation system. Pursuant to Eagle City Code
Section 9-3-2-5(B)(6), all private streets should 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 Eagle City Code Section 9-3-2-
1(G) and subject to the approval of the Eagle Fire District and City Engineer and provided
further that proper maintenance of the island is provided for.
b) A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle Fire District
and the City Engineer; or
c) Such other turnaround area as may be approved by the Eagle Fire District, City Engineer, and
City Council.
Pursuant to Eagle City Code Section 9-3-2-1(G), cul-de-sac streets should not be more than 750 -
feet in length and shall terminate with an adequate circular turnaround having a minimum radius
of 50 -feet of right of way including a landscape island with a minimum radius of ten feet. A
minimum of 40 -feet of pavement shall be provided between the landscape island and the outside
edge of the street as measured from the face of curb of the island to the face of curb located on the
outside edge of the street. One traffic control sign stating that on street parking is prohibited within
the turnaround shall be installed at the entrance of the turnaround on the driver's side of the street.
Based on the design of the private street in relationship to the private alley, it is unknown how
traffic will be discouraged from utilizing the private alley as part of the traffic circulation system if
the applicant is proposing to utilize the alley as a turnaround for the private street. Correspondence
provided by the City Engineer, dated May 15, 2018, indicated a concern that it is unclear from the
proposed configuration how traffic traveling on the private street will be prevented or discouraged
from using the alley. The City Engineer has deferred to the City if the proposed stub street (private
alley) turnaround configuration is acceptable. The Eagle Fire Department provided
correspondence, date stamped by the City on March 1, 2018, which indicated the department has
met with the engineers representing the development and any concerns expressed by the
department have been addressed through the modification. Staff would recommend the applicant
be required to construct a cul-de-sac with the dimensions required pursuant to Eagle City Code
Section 9-3-2-1(G). The applicant should provide a revised preliminary plat showing a cul-de-sac
located at the terminus of Lot 2, Block 4. The cul-de-sac should be designed in conformance with
Eagle City Code Section 9-3-2-1(G). The revised preliminary plat modification should be provided
prior to submittal of a design review application.
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• The area where the townhome units are located contain 8 multi -family buildings consisting of 42 -
dwelling units with each dwelling unit located within a separate lot. The applicant is proposing
driveways (instead of private streets) to be utilized for accessing the townhomes. The applicant is
not proposing to provide street names associated with the access drives. The applicant is proposing
to address the townhome units from the private street (Lot 2, Block 4) utilizing building numbers
and unit numbers. As described by the applicant within the submitted narrative, date stamped by
the City on February 15, 2018, this will enable the residential units to be accessed by access drives
similar to the Eagle Lakes apartments. The Eagle Lake apartments are not located on individual
lots for each dwelling unit. Pursuant to Eagle City Code Section 9-3-2-1(J), driveways providing
access to no more than two (2) dwelling units shall be allowed within any subdivision. In this case,
the driveways are providing access to 42 dwelling units which are located on separate building
lots. The applicant should be required to provide a revised preliminary plat showing the townhome
units being provided access from a private street. The revised preliminary plat should be provided
prior to submittal of a final plat application.
• The preliminary plat modification shows a typical access drive (driveway) section for the
townhomes at 27 -feet in width (measured from back of curb to back of curb) with vertical curbing
with reverse slope gutter located on each side of the street. The area where garage access is
provided will contain rolled curb and gutter at the driveway entrances. The preliminary plat
modification shows sidewalks and pathway providing connections to the front of all of townhome
units located throughout the development. The applicant should be required to provide a revised
preliminary plat modification showing the access drives (shown in the townhome area) as private
streets. The private streets should be designed and constructed to be in conformance with Eagle
City Code Section 9-3-2-5: Private Streets. The revised preliminary plat modification should be
provided prior to submittal of a final plat application.
• The preliminary plat modification shows an area on Lot 59, Block 4, (Access Drive) located
between Lots 48 and 60, Block 4, which appears to be a turnaround area for vehicles. The
applicant should be required to post "NO PARKING" signs at the north end of the turnaround area
located on Lot 59, Block 4, between Lots 48 and 60, Block 4. The "NO PARKING" signs should
be posted prior to the City Clerk signing the final plat. The CC&Rs associated with the site should
contain a mechanism for the enforcement of the no parking requirements and the homeowners
association is responsible for the enforcement of the no parking areas.
• The property is located within an area of special flood hazard as identified on the FEMA Flood
Insurance Rate Map (FIRM), Panel #16001C0162H. The preliminary plat modification delineates
the floodway boundary (2003) and floodway boundary (2018) (LOMR 17-10-1535P). However,
the preliminary plat modification does not delineate the 1 %-chance (formerly known as the 100 -
year floodplain) floodplain boundary line. Pursuant to Eagle City Code Section 10-1-8-5(E), all
subdivision plats shall identify and designate the 100 -year floodplain boundary and the floodway
boundary including a certification by a registered surveyor that the boundaries were established
consistent with the FIRM map (in effect at the time of approval of the plat) for the City of Eagle.
All subdivision plats shall contain a note or notes that warn prospective buyers of property that
sheet flooding can and will occur and that floods of greater magnitude may inundate areas outside
identified floodway and floodplain boundary lines. The applicant should provide a revised
preliminary plat with a new plat note that states, "Portions of this subdivision lie within a special
flood hazard area (SFHA) as identified on the Flood Insurance Rate Map (FIRM), Panel
#16001C0162H, effective date of February 19, 2003, and are subject to the regulations of Eagle
City Code Title 10, Flood Control. Sheet flooding can and will occur and floods of greater
magnitude may inundate areas outside identified floodway and floodplain boundary lines." The
revised preliminary plat should be provided prior to submittal of a final plat application.
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The proposed development is located adjacent to the Boise River. Pursuant to Eagle City Code
Section 10-1-5, the area along the banks of any waterway 25 -feet in width measured landward
from the mean high water mark. Also, pursuant to Eagle City Code Section 10-1-8-5(F), all
subdivision plats should contain plat note(s) in regard to the riparian zone and what improvements
may be permitted. The applicant should provide a revised preliminary plat modification with a new
plat note that states, "There shall be a 25' wide riparian zone easement measured landward from
the mean high water mark landward in which no improvement is permitted and require that
riparian vegetation shall be maintained in its natural state for the protection and stabilization of the
riverbank and that removal of trees or other vegetation is regulated." The revised preliminary plat
modification should be provided 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 PUD) modification and preliminary plat modification with conditions
of approval as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on June 4,
2018, 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 applications was presented to the Planning and Zoning Commission by
one (1) individual (not including the applicant/ representative) who indicated the following:
• The development will provide an opportunity for families (i.e. grandparents, parents, and children)
to live in close proximity to each other.
• The development will contain over 50% open space.
• The proposed density is less than Renovare Subdivision.
• The development will provide an opportunity for families to purchase affordable homes.
C. Oral testimony in opposition to the applications was presented to the Planning and Zoning
Commission by nine (9) individuals who indicated the following:
• The proposed modification is a substantial change to the original design which showed single-
family dwellings located in proximity to Renovare Subdivision.
• If the modification is approved there will be more residential units located in proximity to
Renovare Subdivision.
• A concern with the number of family members residing within each unit due to the increase of
vehicle trips in the area.
• The proposed density is too high for the area.
• The townhomes will obstruct the Renovare Subdivision resident's views of the mountains.
• The proposed density will take away from the openness of the development.
• The traffic from the development will impact Riverside Drive.
• Concerns with the architectural design of the buildings.
• The proposed development will impact the quality of life of the existing neighbors.
• The proposed development does not provide for a transition to the existing homes in the area.
• The developments in the area should complement each other.
• The proposed development does not provide a substantial buffer between the two developments.
• The applicant should be required to re -locate the townhomes to the eastern property line of the
development.
• The potential buyers of lots within Renovare Subdivision will be concerned with the proposed
development due to the density.
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• The Renovare Subdivision residents are concerned with potential noise impacts from the proposed
pool.
• Renovare Subdivision is being closed in; the townhomes need to be relocated to another area of
the development.
• The Renovare Subdivision residents anticipated the area would be restricted to single-family
development and buffers located between Renovare Subdivision and adjacent developments.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• The proposed development is in conformance with the comprehensive plan and Eagle City Code
regarding density and design.
• The applicant will be required to submit a design review application for the proposed architecture of
the townhomes.
• The townhome units located adjacent to Renovare Subdivision should not exceed single -story.
• The density increases within the northern portion of the development due to the proximity of the
commercial area and SH -44.
• Riverside Drive is a designated residential collector and is designed to carry the traffic in the area.
• The pond area provides an amenity for the residents of the subdivision since it will be open to fishing
and the use of non -motorized personal watercraft.
• The single-family detached homes will have beaches located adjacent to the pond.
• The southern area of the large pond will be open to the public for fishing.
• The pool and pool house is not proposed to be an event center.
COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT
AGREEMENT (IN LIEU OF A PUD) MODIFICATION:
The Commission voted 3 to 0 (Smith and Wright absent) to recommend approval of RZ-10-15 MOD2 for
TPC Brooklyn Park Investors, LLC, with the conditions of development to be placed within a development
agreement as provided within their findings of fact and conclusions of law document dated June 18, 2018.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Smith and Wright absent) to recommend approval of PP -07-15 MOD for a
preliminary plat for Truman Cove Subdivision for Brooklyn Park Investors, LLC, 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 June 18, 2018.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on July 10, 2018, at which time
public testimony was taken. The City Council directed the applicant to re -design the site to remove the
townhomes located adjacent to Ancona Lane and restrict the residences located adjacent to Ancona
Lane to single story. The City Council continued the public hearing to the July 24, 2018, at which time
public testimony was taken and the public hearing was closed. The Council continued the applications
to the August 28, 2018, meeting to allow the representative to provide a preliminary plat showing
single-family homes located adjacent to Ancona Lane. The applicant provided a revised preliminary
plat and narrative, date stamped by the City on August 24, 2018. The revised plat and narrative came
before the City Council for their action on August 28, 2018. The Council made their decision at that
time.
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B. Oral testimony in favor of the applications was presented to the City Council by one (1) individual (not
including the applicant/ representative) who indicated the following:
• When the Lonesome Dove and Renovare developments were originally submitted they were
proposed at a much higher density.
• These developments should be at a higher density due to the close proximity of principal arterials
and commercial areas.
• The proposed development is well designed for the area.
• The proposed development and Renovare Subdivision are separated by two (2) roads (Ancona
Lane and a common driveway providing access to nine [9] residential units).
• The townhomes and associated amenities provide a benefit to the surrounding area.
• The proposed development provides a very viable and regional approach for the area.
C. Oral testimony in opposition to the applications was presented to the Council by twenty-one (21)
individuals who voiced the following concerns:
• The proposed development does not provide a transition to the adjacent development.
• The homes located adjacent to Renovare Subdivision should not exceed single -story.
• Restricting the townhomes to single -story that are located adjacent to Renovare Subdivision is not
sufficient.
• Allowing townhomes to be located adjacent to the western property line will create a wall of
buildings that will impact the views from Renovare Subdivision.
• The proposed density is too high for the area.
• The traffic from the development will impact Riverside Drive.
• The proposed development is not in conformance with the transportations policies identified
within the comprehensive plan.
• The comprehensive plan calls for lower densities in the area.
• There is no allowance for public parks.
• The Renovare Subdivision residents were told that the subject property would be developed with
single-family homes.
• It appears the density has been shifted from the eastern boundary of the development to the
western boundary.
• The proposed development will reduce the home values of the homes located within Renovare
Subdivision.
• The density of this area of the development will increase from 4 -dwelling units/acre to 6.27 -
dwelling units/acre.
• Due to townhomes being located adjacent to the western property line, the noise will increase
substantially.
• The proposed townhomes will obstruct the views of the Renovare Subdivision residents.
• The proposed development is not what was originally approved for the subject area is too dense
for the area.
• The applicant should be required to provide a buffer between the proposed development and
Renovare Subdivision.
• The tree canopy needs to be designed so that it does not encroach over the western property line.
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Council by
two (2) individuals who indicated and/or requested the following:
• The City Council should only approve the single-family residential that was originally approved
for the area.
• The homes located adjacent to the western boundary should be restricted to single -story.
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K:U'lanning Dept1F.agle ApplicationssSUBS120151liagIe Lakes Sub MOD cct doc
• The applicant should be required to provide a buffer between Renovare Subdivision and the
proposed development.
COUNCIL DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT
(IN LIEU OF A PUD) MODIFICATION:
The Council voted 4 to 0 to approve RZ-10-15 MOD2 for TPC Brooklyn Park Investors, LLC, with the
following Planning and Zoning Commission recommended conditions of development to be placed within
a development agreement with underline text to be added by the Council and strikethrough 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.
However, the residential portion of this development proposal is recognized by Eagle and Owner
as a desired component to a mixed use development. A residential component of similar size and
area to that depicted in the Concept Plan with the provisions and allowances contained herein,
shall be maintained.
3.3 The total number of residential units on the Property shall not exceed 319327 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.
3.4 The Setbacks shall be as follows:
Single-family detached residential setbacks shall be as follows:
Front
Lots 5-9, Block 4
Lots 10-23, Block 4
Lots 24-31, Block 4
Lots 33-40, Block 4
Rear
Lots 5-9, Block 4
Lots 10-23, Block 4
Lots 24-31 & Lots 33-40, Block 4
Side
15 -feet (Front Loaded Garage 20 -feet)
15 -feet (Front Loaded Garage 20 -feet)
5 -f0 -feet
5 -feet
15 -feet
15 -feet or top of bank, whichever is greater
6 -feet (at alley)
5 -feet (up to two-story)
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K:11'lanning lkpllliaglc Applicalions'SUUs120I511agIe Lakes Sub MOI] cct dac
Street Side 5 -feet —vehicle access shall be
prohibited
Maximum lot coverage 6550%
The single -story homes located on Lots 5-9 and 75-79. Block 4. shall be
restricted to single -story (26 -feet maximum).
Townhome (attached single-family) residential setbacks shall be as follows:
Front
Rear (at access drive)
Interior Side
Exterior Side
Street Side
Maximum lot coverage
The townhome located on Lotsz19 87,
net -ecce 25 feet in heigbht
Multi -Family dwelling setbacks shall be as follows:
5 -feet
8 -feet
0 -feet
5 -feet
5 -feet —vehicle access shall be
prohibited
757.0%
Front 20 -feet*
Rear (south) 20 -feet
Side (east) 12 -feet
Interior Side(west) 7.5 -feet
Structure separation 20 -feet
Maximum coverage 50%
*The structures located adjacent to the common lot adjacent to East Riverside Drive shall
be 6 -feet from the lot line associated with the common lot.
All buildings shall be setback a minimum of 100 -feet from the floodway line.
The setbacks for the multi -family units shall be based on the multi -family boundary area
and not on interior lot lines.
All buildings shall be setback from the floodway line in accordance with Eagle City Code
Title 10.
All single family and townhome residential structures shall require Architectural Control
Committee (ACC) approval prior to the issuance of any building permits to assure that the
homes are designed to be compatible and consistent with the "Contemporary Prairie and/or
Modern Farmhouse" theme of the development.
3.5 The Commercial area of the Property as depicted on the Concept Plan is to be developed
with a combination of any office and commercial uses allowed within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations" under the MU zoning designation
(except as permitted in Section 3.6, below).
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3.6 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Mixed Use District land
uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations",
existing at the time a design review application or conditional use permit application (whichever
the case may be) is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the MU zoning designation shall require a conditional use
permit, except that the residential portions of the Property described in Section 3.3 shall not
require a conditional use permit.
The following uses which are shown as "C" conditional uses or prohibited under the MU zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations,"
shall be permitted uses on the Property:
o Apartment
o Multi -family dwelling
o Daycare Center
o Commercial Entertainment Facilities (Indoor and Outdoor)
o Hotel
o Nursing/Convalescent Home
o Laundry with Drive Up Service
o Parking Lot, Parking Garage, Commercial
o Retail Sales (General)
o Retail Sales (Limited)
o Storage (Enclosed Building)
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property:
■ Residential, Mobile Home (Single Unit);
• Residential, Mobile Home (Single Unit Temporary Living Quarters);
• Residential, Mobile Home Park;
• Adult Business;
• Automotive washing facility;
■ Cemetery;
• Circuses and Carnivals;
• Drive -In Theatre;
• Equipment Rental and Sales Yard;
• Kennel;
• Nursery, plant materials;
• Riding Academies/Stables;
• Small Engine Repair;
• Storage (fenced area);
In addition, the "Proposed Drive Thru Retail Building 1,400 SF" as shown on the Concept Plan
(Exhibit A), shall be limited to a coffee house use. The "Proposed Drive Thru End Cap" (Retail
Building 8,000 SF) as shown on the Concept Plan (Exhibit A) shall be limited to a laundry,
doughnut shop, or drugstore use. The coffee house use (Restaurant with drive-through) and
Drugstore with drive-through use, which is prohibited within said section of Eagle City Code and
on the entire Property, as noted shall be permitted. A maximum of two (2) drive through uses shall
be permitted on the Property.
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3.6.1 Any building with a proposed drive-through shall be designed in such a way as to
compliment the overall character of the development and design styles exceeding the
standard utilitarian look of a building with a drive-through shall be required. The Owner
shall also provide a minimum forty-eight inch (48") high berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, landscaping, or
combination thereof within the buffer area adjacent to the drive-through lane to reduce
the impact of the vehicles utilizing the drive-through lane (i.e. vehicle headlights and
vehicle cueing), as shown on Exhibit B.
3.7 The proposed building height of the multi -family structures shall not exceed 41 -feet in height
as shown on the submitted building elevations.
3.8 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide
an operation and maintenance manual including the funding mechanism as an addendum
to the CC&Rs and the repair and maintenance requirement shall run with the land and that
the requirement cannot be modified and that the homeowners association or other entity
cannot be dissolved without the express consent of the city.
(b) A requirement for all fencing located adjacent to open space to be open -style such as
wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -type wooden
decorative fencing. All other fencing (i.e. cedar fencing, vinyl, chainlink) shall be prohibited.
(c) Parking shall only be allowed in the designated parking areas or in the garage units of the
multi -family residential units. The enforcement of the no parking areas and a mechanism for
the enforcement of the no parking requirements, shall be the responsibility of the
homeowner's association.
(d) A maintenance manual for the drive aisles requiring the association(s) shall have the duty
to maintain and operate all of the drive aisles providing access to the multi -family residential
units including the repair and replacement of asphalt and sidewalks.
(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.
(f) In the event attached sidewalks are proposed to be located adjacent to the private streets
Owner shall install street trees within the front yard at the corners of each lot to be located
behind the sidewalk.
3.9 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning
and platting while still maintaining the general intent of the Conceptual Plan with the
requirements set forth in this Development Agreement. Specific design elements shall be
clarified during the platting and design review application processes. However, the streetscape
as shown on the concept plan (center landscape islands, street trees, pool, poolhouse, and,
children's play areas) shall be required design elements as part of the final design for the site.
3.10 The Owner's property 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, Applicant shall provide proof of central sewer service to the proposed residential and
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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.
3.11 The development is to incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables, etc.).
3.12 The single-family dwellings shall be constructed utilizing "Contemporary Prairie and/or Modern
Farmhouse" style architecture as shown on Exhibit D. The multi -family dwellings shall be
constructed utilizing "Craftsman" style architecture as shown on Exhibit E. Commercial/retail
buildings, multi -family residential buildings, and pool house shall be required to meet the design
review requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design
book. Eagle Design Review Board approval of the detailed architectural plans for the
development is required prior to the issuance of building permits for commercial/retail buildings,
multi -family residential units, pool house, pumphouse for irrigation, and gazebos.
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&Rs. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&Rs, and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not be
accepted.
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.
3.13 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of the final plat. The plans shall show how the lights will
facilitate the "Dark Sky" concept of lighting.
3.14 The Owner shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed and required landscape islands and
all common areas throughout the development, 3) landscape screening details and buffering
for the residential units adjacent to Riverside Drive 4) elevation plans for all proposed
common area structures and irrigation pump house (if proposed), 5) landscape screening details
of the irrigation pump house (if proposed), 6) useable amenities such as picnic tables, covered
shelters, benches, playground equipment, gazebos, fire pits, and/or similar amenities, 7) design of
ponds to be constructed in reference to mosquito abatement. The design review application shall
be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat
application.
3.15 Owner shall provide a report or analysis of any proposed changes to wetlands located on the
Property and any such change shall be contingent upon approval by the Army Corps of Engineers,
Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if
appl icable), Ada County, and any other appropriate governmental agencies, and shall be in
accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all
development and improvement of the Property shall comply with rules and regulations
pertaining to regulated wetlands prior to submittal of a final plat application.
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3.16 Provide written approval from the Boise River Flood Control District No. 10 of the proposed
access point prior to submitting a final plat application.
3.17 All buildings shall be setback from the floodway line in accordance with Title 10 of Eagle City
Code.
3.18 Provide a revised preliminary plat showing public pedestrian and bicycle access to the paved
regional pathway along the Boise River. The public pedestrian and bicycle access shall be
reviewed and approved by the Eagle Parks and Pathway Development Commission prior to
submittal of a Design Review application. The revised preliminary plat shall be submitted prior
to submittal of a Design Review application.
3.19 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section
9- 4-1-6, a minimum ten foot (10') wide asphalt public pathway along the portion of the
Property located adjacent to the Boise River. The pathway shall be constructed concurrently with
Phase No. 1 of Eagle Lakes Subdivision. The specific location and design of the pathway shall be
approved by the City of Eagle Park and Pathway Development Commission prior to submittal of
a design review application. The asphalt pathway shall be located in a recorded easement or
easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E)
(2). The instrument number of the recorded easement or easements shall be referenced on the
face of the plat, upon recordation of the final plat(s) wherein the pathway is located. Other than
any pathways approved by
Eagle, development within the Floodway and the open space area between the development and
the Boise River shall be prohibited.
3.20 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section
9- 4-1-6, a minimum ten foot (10') wide public sidewalk along the portion of the Property
located adjacent to State Highway 44. The public sidewalk shall be constructed concurrently with
Phase No. 1 of Eagle Lakes Subdivision. The specific location and design of the pathway shall be
approved by the City of Eagle Park and Pathway Development Commission prior to submittal of
a design review application. The public sidewalk shall be located in a recorded easement or
easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E)
(2). The instrument number of the recorded easement or easements shall be referenced on the
face of the plat, upon recordation of the final plat(s) wherein the public sidewalk is located.
3.21 Owner shall provide a parking analysis for the multi -family units and the commercial buildings
at the time of submittal of a design review application.
3.22 The parking ratio for the multi -family residential units shall be 1.85 spaces/unit for the
northern development area and 1.80 spaces/unit for the southern development area (as shown on
Exhibit F) unless the Design Review Board determines that additional parking is needed at the
time of approval of a design review application.
3.23 Owner shall include a notice in the closing documents for each lot sale and rental agreement
which states, "The property located at 2755 East State Street, adjacent to the eastern boundary of
Eagle Lakes Subdivision, is currently being utilized for an industrial use."
3.24 Provide a revised preliminary plat showing the buildings containing the multi -family dwellings
(single-family attached) separated a minimum of 20 -feet in width. The revised preliminary plat
shall be provided prior to submittal of a final plat application.
3.25 The final plat shall be approved by the City and recorded at the Ada County Recorder's Office
prior to the issuance of building permits.
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COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP -07-15 MOD for a preliminary plat (date stamped by the City on
August 24, 2018) (Exhibit "A") for Truman Cove Subdivision for Brooklyn Park Investors, LLC, with the
following Planning and Zoning Commission recommended site specific conditions of approval and
standard conditions of approval:
1. Comply with all conditions within the development agreement for rezone application RZ-10-15
MOD2.
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. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall
be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Fences in front yard areas shall be open style and a maximum of four -feet (4') in height. A
fence permit is required prior to construction of a fence in any of these locations.
5. Provide a revised preliminary plat showing Lot 1, Block 5 to be included within the modified area
prior to submittal of a final plat application.
6. Provide a revised preliminary plat with plat note #1 modified to include Lot 1, Block 5, as a common
lot. The revised preliminary plat shall be provided prior to submittal of a final plat application.
7. Provide a revised preliminary plat showing 3 -commercial lots located north of East Riverside Drive
and 9 -commercial lots located south of East Riverside Drive. The revised preliminary plat shall also
show the location of the emergency vehicle access (EVA) providing access from East Ancona Avenue
through Block 3 to Block 4. The EVA shall be paved prior to signature of the final plat. The revised
preliminary plat shall be provided prior to submittal of a final plat application.
8. Provide a revised preliminary plat with plat note #4 revised to state, "The required setbacks from the
floodway line shall be in conformance with Eagle City Code Title 10." The revised preliminary plat
modification shall be provided prior to submittal of a final plat application.
9. Provide a revised preliminary plat with plat note #17 (concerning removal of the septic system and
drainfield) removed prior to submittal of a final plat application.
10. Provide a revised preliminary plat with plat note #18 (concerning removal of the individual wells)
removed prior to submittal of a final plat application.
11. Provide a revised preliminary plat modification with plat note #24 revised to state, "Common Lot 3,
Block 4, shall have a public greenbelt access pathway easement in favor of the City of Eagle,
Instrument # . The revised preliminary plat shall identify the specific location of the
public pathway easement or easements located within Lot 3, Block 4, and reference the instrument
number of the recorded easement or easements on the face of the plat. The revised preliminary plat
shall be provided prior to submittal of a final plat application.
12. The public utilities (including dry utilities) serving Lots 24-31, Block 4, shall be located within
common Lot 32, Block 4.
13. Provide a revised preliminary plat showing the sidewalk and Eagle Water Company's water line
located between Lots 73 and 74, Block 4, located within a common lot which is a minimum of 10 -feet
in width. The revised preliminary plat shall be provided prior to submittal of a design review
application.
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14. Provide a revised preliminary plat modification showing the sidewalks, which are not located adjacent
to a street, a minimum of 6 -feet in width. The revised preliminary plat modification shall be provided
prior to submittal of a design review application.
15. Provide a revised preliminary plat showing the driveway area providing access to Lots 10-11, Block 4,
located within a common lot. The revised preliminary plat shall contain a new plat note identifying the
Lot and Block number associated with the common lot providing driveway access to Lots 10-11,
Block 4. The plat note shall also contain language that a) convey to the lot owners of Lots 10-11,
Block 4, the perpetual right of ingress and egress over (identify Lot and Block number of common lot),
b) provides that the easement runs with the land, c) provides that the owners of Lots 10-11, Block 4,
shall be responsible for the maintenance of the driveway and common lot, and d) provide that a
restrictive covenant for maintenance of the common lot and driveway 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.
16. Provide a revised preliminary plat showing the buildings containing the multi -family dwellings
separated a minimum of 20 -feet in width. The revised preliminary plat shall be provided prior to
submittal of a final plat application.
17. The private alley shown on Lot 32, Block 4, shall be revised to be a private street, 24 -feet in width
with no parking on either side of the street and signed accordingly. The revised preliminary plat
should be provided prior to submittal of a design review application.
18. Provide a revised preliminary plat showing the access drives (shown in the townhome area) as private
streets. The private streets should be designed and constructed to be in conformance with Eagle City
Code Section 9-3-2-5: Private Streets. The revised preliminary plat shall be provided prior to submittal
of a final plat application.
19. The applicant shall be required to post "NO PARKING" signs at the north end of the turnaround area
located on Lot 59, Block 4, between Lots 48 and 60, Block 4. The "NO PARKING" signs shall be
posted prior to the City Clerk signing the final plat.
20. Provide correspondence from the project engineer certifying the septic and drainfield have been
removed from the site prior to the City Clerk signing the final plat.
21. Provide correspondence from the project engineer certifying the individual wells have been abandoned
from the site prior to the City Clerk signing the final plat.
22. Provide a revised preliminary plat modification with a new plat note that states, "Portions of this
subdivision lie within a special flood hazard area (SFHA) as identified on the Flood Insurance Rate
Map (FIRM), Panel #16001C0162H, effective date of February 19, 2003, and are subject to the
regulations of Eagle City CodeTitle 10, Flood Control. Sheet flooding can and will occur and floods
of greater magnitude may inundate areas outside identified floodway and floodplain boundary lines."
The revised preliminary plat modification shall be provided prior to submittal of a final plat
application. (ECC 10-1-8-5[E])
23. Provide a revised preliminary plat modification with a new plat note that states, "There shall be a 25'
wide riparian zone easement measured landward from the mean high water mark landward in which
no improvement is permitted and require that riparian vegetation shall be maintained in its natural
state for the protection and stabilization of the riverbank and that removal of trees or other vegetation
is regulated." The revised preliminary plat modification should be provided prior to submittal of a
final plat application. (ECC 10-1-8-5[F] )
24. The applicant shall submit a design review application showing at a minimum: 1) proposed
subdivision signage, 2) planting details within the landscaped islands and all common areas
throughout the subdivision, 3) building elevation plans for all proposed common area structures and
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irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if
proposed), 5) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or
similar amenities, 6) design of ponds to be constructed in reference to mosquito abatement, 7)
proposed style of fencing. The design review application shall be reviewed and approved by the Eagle
Design Review Board and Eagle City Council prior to the submittal of final development plan/final
plat applications. (ECC 8-2A-7)
25. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed at
the front of each lot generally at each side property line, or as approved by the Design Review Board.
The trees shall be located in an 6 -foot wide landscape strip between the 5 -foot wide concrete sidewalk
and the curb. Root barriers in accordance with ACHD requirements or equivalent shall be utilized to
minimize damage to the adjacent to sidewalks. The style of root barrier shall be reviewed and
approved by staff prior to installation. 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.
26. 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 City
Forester and the Design Review Board) shall be provided for Design Review Board approval prior to
the submittal of a final plat. The applicant shall have an on-site meeting with the City Forester to
survey all existing trees. Subsequent to the on-site meeting, 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.
27. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk
signing the final plat.
28. The submittal of the building permit application to the City for each home within the development
shall be accompanied by an approval letter from the Architectural Control Committee (ACC).
Building permits applications that do not have an approval letter attached will not be accepted.
29. The Truman Cove Subdivision shall remain under the control of one Homeowners Association.
30. 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.
31. All plat notes that are required on the preliminary plat and development plan shall be transferred to the
final plat prior to submittal of a final plat application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed development agreement
modification (RZ-10-15 MOD) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The zoning designation of MU -DA (Mixed Use with a development agreement) is consistent with
the Mixed Use designation as shown on the Comprehensive Plan Land Use Map;
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b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the
BP (Business Park) zone and land use to the north since State Highway 44 separates this
development from the properties located north of the state highway;
d. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the
RP (Rural Preservation — Ada County designation) zone and land use to the south since the
development is bordered on the south by the Boise River;
e. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the
MU (Mixed Use) zone and land use to the east since the parking garages associated with the multi-
family units and proposed landscaping adjacent to the eastern boundary will provide a buffer to the
property located east of the proposed development. Upon cessation of the current use on the
property the property may be developed with a similar use in the future;
f. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the
MU -DA (Mixed Use with a development agreement) zone and land use to the west since that area
is developed with a residential subdivision and the homes located on Lots 75-79 of the proposed
development are restricted to single -story (26 -feet maximum);
g. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan and the applicant has submitted the required documentation and
applications to address the city's concerns regarding development within those areas;
h. No non -conforming uses are expected to be created with this rezone since the existing residential
dwelling along with the septic system and potable well are required to be removed during the
development of the project.
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:
a. The proposed time schedule for the first phase of the development of the site will take place in the
spring of 2019. The second phase of development will be commenced within a year of completion
of the first phase.
b. Provide documentation to show that you have sufficient control over the land, and the financial
means, to initiate the proposed development plan within one year after City Council approval.
The applicant provided documentation indicating they have sufficient control of the land and the
financial means to initiate the project.
c. That the proposed development is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community because;
The proposed Truman Cove Subdivision is a continuation of a comprehensive planning effort
completed by the City when the property was originally zoned MU (Mixed Use). The goals of the
City of Eagle have included areas of increased residential density, up to 20 units per acre,
commercial development, and connectivity to the parks and river trail system. This development is
consistent with that plan and harmonious with the existing neighboring use to the west. The
proposed luxury apartments, townhomes, and single-family detached dwellings provide a variety
of housing choices for future residents. The location is well connected to existing commercial
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areas of the city and is proposed to include additional commercial lots. The development will
provide an additional boost to the local economy.
d. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area because;
The proposed development is consistent with previously approved developments west of the site
and with the City's Comprehensive Plan for this area. Riverside Drive is extended through the site
to provide access for businesses and residents separate from State Highway 44. The existing ponds
on site will be retained and improved as an amenity to the development. The riparian area will be
left in its natural state for continued enjoyment by the residents of Eagle. The luxury apartments
and townhomes are designed to be architecturally compatible with the River District.
e. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
Nearly half the site will be retained as open space for ponds, green spaces, pathways and riparian
habitat. Adequate on-site parking will be provided for the multi -family and commercial areas and
landscape buffers will separate conflicting uses. The townhome and single-family lots have been
strategically placed on the western property boundary to ensure compatibility with the residential
uses located within the adjacent property. The commercial area is a continuation of commercial
development already approved along Riverside Drive.
f. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
Anticipated traffic and noise levels are consistent with this type of development and neighboring
communities along Riverside Drive. A traffic impact statement has been provided to ACHD and
ITD that will be considered during their reviews. Motorized uses on the ponds that could generate
fumes or odors will be prohibited. The commercial lots are proposed with uses that are similar to
those approved for the adjacent properties.
g. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools because;
The tax revenue generated from residents and businesses within Truman Cove Subdivision will
offset additional costs to public services that will serve this development. ACHD, ITD, Eagle Fire,
Eagle Sewer District, and Eagle Water Company have reviewed the proposed development and
indicate that capacity exists to adequately serve this development.
h. That the development will not create excessive additional requirements at public cost for public
facilities and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses. Private drive aisles and private streets will serve the multi -family
and single-family portions of the site with utilities extended to all the dwelling units.
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That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non -PUD proposal because;
Nearly half the site will be dedicated as open space with two large ponds for non -motorized
boaters, swimming, and general use and enjoyment by residents. The vast majority of this site is
within the Boise River floodplain and will be developed in accordance with Eagle City Code Title
10, Flood Control and FEMA requirements regarding floodplain development. The portion of the
site located in the floodway will be left in its native riparian state with greenbelt improvements that
will provide access along the river to the public.
j. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
Access to the development will be from East Riverside Drive (urban collector), Ancona Avenue
and a public street providing access from State Highway 44 at the eastern property boundary.
With the exception of Riverside Drive and Ancona Avenue the interior streets will be private and
will be constructed in conformance with standards pursuant to Eagle City Code.
k. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
Historically, this site has been subject to heavy industrial use as a gravel extraction pit. Ponds
generated by extraction will be retained and improved to provide an amenity to the proposed
development. The scenic riparian area located near the Boise River will be Left in its natural state
for continued enjoyment by the public.
1. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan because;
The proposed development is in accordance with the Comprehensive Plan since the plan calls for
Mixed Use for the overall development. The floodway area will be maintained in its natural state.
m. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8 because;
This application requests approval for a development agreement in lieu of a PUD as outlined in
Eagle City Code and satisfies those requirements as well as will be required to meet the conditions
herein. In addition, the development 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 a mix of commercial, multi -family, and single-family
development areas.
n. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations because;
The development provides a mix of single-family, multi -family, and commercial uses. The
residential portions of the development will be served by private drive aisles and private streets to
facilitate a specific housing product that is in high demand in Eagle.
o. 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
infrastructure necessary to serve this property with fire, police, and other public services already
exists. The revenue generated from taxes will cover the additional manpower necessary to serve
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q.
this property once developed. The public services that will be provided to the development include
the following:
Fire
The project is located within the Eagle Fire District.
Police
The project will be served by the Eagle Police Department.
Water
The project is located within the Eagle Water Company's certificated area. There are two Eagle
Water Company wells located adjacent to the property.
Sewer
The project will be required to annex into the Eagle Sewer District and comply with the
requirements of the Eagle Sewer District.
Road Construction
The construction of all interior roads and improvements of East Riverside Drive, Ancona Avenue,
and Pacific Street will be completed by the developer. Upon completion the roads will be
dedicated to ACHD. The private streets and private drive aisles will also be constructed by the
developer.
Parks and Open Space
The development will contain over 50% of passive and active open space providing residents a
variety of recreation options from which to choose. A system of public and private pathways will
provide pedestrians with a safe and efficient way to move throughout the property.
Maintenance
The maintenance of any private open space areas will be regulated by the Eagle Lakes Subdivision
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 Truman Cove Subdivision are located in the West Ada School District
boundaries.
The estimate of the public service costs to provide adequate services to the development
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.
The estimated tax revenue generated to the City of Eagle from the development is approximately
$596,850.00/year (without Homeowner's Exemption).
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP -07-
15) 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).
Page 42 of 43
K:U'Ltnning Dept\Eaglc ApplicationssSUBS1201511:agk Lakes Sub MUl) ccf.doc
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City
Code since the development is consistent with the Comprehensive Plan Land Use Map designation
of Mixed Use and provides the required improvements for a subdivision or as may be conditioned
herein;
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use will
not change the essential character of the same area and because this site will he designed in
accordance with the requirements of the proposed development agreement modification, standards
of Eagle City Code and the Eagle Architecture and Site Design book (EASD). The Council
determined the height exception to 41 -feet (for the luxury apartments) should be granted since the
buildings overall architecture is enhanced by the higher rootline and the enclosed garage units on
the first floor allows for additional parking. The design and architecture of the proposed multi-
family dwellings are required to be reviewed and approved by the Design Review Board prior to
construction;
d. Will not create excessive additional requirements at public cost for facilities and services as the
site will be served with central sewer from the Eagle Sewer District and will use public water to be
served from 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;
f. While there is no capital improvement program, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
individual lots as conditions of approval;
g. That based upon agency verification and additional written comments provided, or as conditioned
herein, there is adequate public financial capability to support the proposed development;
h. That any health, safety and environmental problems that were brought to the Council's attention
have been adequately addressed by the applicant or will be conditions of the preliminary plat and
subsequent final plat approval as set forth within the conditions of approval herein.
DATED this 11th day of September, 2018
CITY COUNCIL
OF THE CITY OF EAGLE
Ad. unty, Idahs-__
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle Citfy Clerk
or EA &
�� • 0Rq�
or. F'
•
SEAL
Page 43 of 43
K-\II.lnning Depl\Ld.IC Ai pbeation+\dl lc 1 ak, 4 Nub \II )I) C.l.dot.
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