Findings - CC - 2023 - RZ-04-17 MOD2 & PP/FP-01-22 - Bronco Acres DA MOD and Combined PP/FP BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGEEMENT )
MODIFICATION AND COMBINED )
PRELIMINARY/FINAL PLAT FOR )
BRONCO ACRES SUBDIVISION FOR )
MUSTANG CROSSING EAGLE,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-04-17 MOD2 AND PP/FP-01-22
The above-entitled development agreement modification and combined preliminary/final plat applications
came before the Eagle City Council for their action on June 13, 2023, at which time public.testimony was
taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and written
testimony,and having duly considered the matter,makes the following Findings of Fact and Conclusions of
Law;
FINDINGS OF FACT:
PROJECT SUMMARY:
A. Mustang Crossing Eagle, LLC, represented by Stephanie Hopkins with KM Engineering, LLP, is
requesting a development agreement modification and combined preliminary/final plat approvals
for Bronco Acres Subdivision(a re-subdivision of a portion of Lots 1 and 9,and all of Lot 4,Block
2, Flint Estates Subdivision), an 8-lot (7-commercial, 1-residential/flex space) mixed use
subdivision. The 9.84-acre site is located at the northeast corner of North Park Lane and State
Highway 44.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:30 PM, Monday, June 6, 2022, on site in compliance with
the application submittal requirement of Eagle City Code. The applications for these items were
received by the City on August 12,2022. A revised narrative and preliminary plat were received by
the City on December 15, 2022. A second revised narrative and preliminary plat were received by
the City on February 14,2023.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on September 19, 2022, in accordance with the
requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle
Planning and Zoning Commission was published in accordance with the requirements of Title 67,
Chapter 65,Idaho Code and the Eagle City Code on March 31,2023. Notice of this public hearing
was mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and Eagle City Code on March 31, 2023. The site was posted in accordance with the Eagle
City Code on March 31,2023.
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
May 25, 2023. Notice of this public hearing was mailed to property owners in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on May 26, 2023. The site
was posted in accordance with the Eagle City Code on June 1,2023.
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D. HISTORY OF REVELANT PREVIOUS ACTIONS:
On December 18, 2007, the City Council approved a comprehensive plan text amendment, rezone
with development agreement (in lieu of a PUD) and preliminary plat for Millpark Village
Subdivision(CPA-01-07/RZ-07-07/PP-09-07).
On October 14, 2008, the City Council approved an extension of time for the preliminary plat for
Millpark Village Subdivision to be valid until December 18,2009.
On March 9,2010,the City Council approved an extension of time application for Millpark Village
Subdivision until December 18,2010(EXT-28-09).
On January 11, 2011, the City Council approved an extension of time for the preliminary plat for
Millpark Village Subdivision to be valid until December 18,2011 (EXT-13-10).
The original executed development agreement (Instrument #108005081) associated with the
property expired on January 15,2015.
On July 25, 2017, the City Council approved a rezone with development agreement (in lieu of a
PUD)application for Mustang Crossing(RZ-04-17).
On August 24, 2017, the Design Review Board approved a design review application for the
common area landscaping,including the construction of a 4,515-square foot convenience store with
fuel service and a 4,122-square foot fuel island canopy(DR-31-17).
On January 22, 2018, the City approved a modification to the common area landscaping for
Jackson Food Stores(DR-31-17 MOD).
On January 29, 2018,the Zoning Administrator approved a lot line adjustment associated with the
subject property(LLA-08-17).
E. COMPANION APPLICATIONS:All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use and Scenic MU-DA(Mixed Use with a Convenience store with
Corridor development agreement [in fuel service and vacant
lieu of a PUD]) property
Proposed No Change No Change Mixed use commercial
development
North of site Mixed Use MU-DA(Mixed Use with a Warrior Park
development agreement) Subdivision, single-
family residence,and
senior housing
South of site Mixed Use MU-DA(Mixed Use with Camille Beckman and
Development Agreement) Eagle Island State Park
and PS(Public/Semipublic)
East of site Mixed Use MU-DA(Mixed Use with Arts West Subdivision
Development Agreement) (commercial)
West of site Mixed Use R-9-DA(Residential with a Proposed Skyview
development agreement[in Subdivision consisting
lieu of a PUD]) and MU- of single-family attached
DA(Mixed Use with dwellings and a
Development Agreement commercial lot
[in Lieu of a PUD])
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site—9.84-acres
Total Number of Lots—8
Total Number of Units—0
Residential—0
Commercial—8
Industrial—0
Common—0
Single-family—0
Single-family attached—0 Two-
family—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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I. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing a 10-foot-wide landscaped buffer located between the service drive
aisle and the northern property line.
Open Space:
There are no common lots dedicated to open space. The Conceptual Site Plan(contained within the
preliminary plat), date stamped by the City on February 14, 2023, shows the proposed building
footprints with plaza areas.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales,or drain piping,
will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be
reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 10 feet wide.
Fire Hydrants and Water Mains:
As conditioned herein,the fire hydrant locations will be reviewed and approved by the Eagle Fire
Department prior to the City Engineer signing the final plat. The site contains an existing water
main located within the service drive aisle,which is served by Veolia Water of Idaho.
On-site Septic System (yes or no) — No.
Preservation of Existing Natural Features:
The site contains mature trees located adjacent to the northern property line. The applicant is
proposing to retain the existing trees and add additional vegetation to provide a buffer to the
adjacent property.
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:None proposed.
Applicant's Justification for Private Streets:None proposed Blocks
Less Than 500% None.
Cul-de-sac Design:None.
Sidewalks:
The site contains existing five-foot (5') wide attached sidewalks located on each side of South
Rosebud Lane where it enters from State Highway 44 and along the south side of the intersection of
the service drive aisle and South Rosebud Lane. Also, the site contains a five-foot (5') wide
attached sidewalk on the north side of the service drive aisle across from the intersection of the
service drive aisle and South Rosebud Lane.The sidewalk located on the north side of the service
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drive aisle is approximately 185-feet in length. The Conceptual Site Plan contained within the
preliminary plat shows the sidewalk located on the north side of the service drive aisle will be
extended along the frontage Lot 3, Block 1 and extending along the west property line of Lot 3,
Block 1.There is also an existing sidewalk located along the State Highway 44 frontage.
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 PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
See"J."Sidewalks above.
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—No Evidence
of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—Yes—Located adjacent to the north property line
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No Unique
Animal Life—No Unique
Plant Life—No Unstable
Soils—No
Wildlife Habitat—No
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is currently served by an 8-inch Veolia Water of Idaho service line and an 8-inch Eagle
Sewer District sewer line. As conditioned herein, the applicant will be required to install fiber-
optic conduit within the joint trench for future connections.
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 February 17, 2023, are of special
concern(attached to the staff report).
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Ada County Highway District
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Fish and Game Department
Q. RESPONSE FROM THE EAGLE PARKS, PATHWAYS, AND RECREATION
COMMISSION:
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent's email dated September 20, 2022, are of special concern (attached to the staff
report)-
R. LETTERS FROM THE PUBLIC:None received to date.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Mixed Use
Suitable 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. This designation includes the
Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development
including natural vegetation and restoration,regional trails and connectivity.
CHAPTER 6: LAND USE
6.4 GENERAL LAND USE GOALS
6.4.3 General Land Use Implementation Strategies
X. Require design treatments to provide compatibility of new development with existing
development by considering such issues as transitional lot sizing,building orientation,
increased setbacks, height limitations, size restrictions, design requirements, fencing,
landscaping or other methods as determined through the development review process.
Y. Commercial and subdivision development within the City should be subject to the
Design Review process.
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6.5 PARK LAND PLANNING AREA
6.5.1 Park Lane Uses
C. All properties within the Park Lane Planning Area abutting State Street should be
designed to promote trip capture by including a mix of residential uses, commercial
uses (limited to lease spaces no larger than 30,000 square feet) and office uses. The
properties abutting State Street should be reviewed and conditioned by the City
through the use of a development agreement at the time of rezone.
6.5.2 Design
B. Flint Estates Area
1. The Flint Estates area adjacent to State Highway 44 should be designed to provide
commercial uses that encourage pedestrian circulation from the residential and
high school areas, to complement the existing mixed-use area at State Street and
Park Lane (Camille Beckman) and planned new residential uses adjacent to the
north.
2. Street trees, benches and sidewalks are encouraged within the Park Lane Planning
Area.
3. Common parking areas at the side of buildings and joint parking agreements
should be encouraged so walking distances between buildings are minimized and
provide a pedestrian scale to the area.
4. The activity centers and building orientation should focus on internal circulation
streets rather than the regional transportation network.
6.5.3 Park Lane Access/Connectivity
C. Cross-access agreements and shared service roads should be encouraged throughout the
area and should be a requirement for all non-residential development.
CHAPTER 10: COMMUNITY DESIGN
10.2 COMMUNITY DESIGN GOALS
A. Protecting the City's Character: Strive to create an aesthetically pleasing community
and protect the unique natural beauty and small-town character of the City.
B. Establish and enforce high design standards for landscaping, buildings, signage, and
community investment to ensure that residents,visitors, and those passing through the
community know when they have entered the City of Eagle.
10.3 COMMUNITY DESIGN OBJECTIVES
C. Enhance the appearance of the City. Design review procedures should guide future
development and redevelopment of existing uses. Depending on land uses and
buildings,more extensive landscaping and fewer points of access may be required.
E. Recognize the demand that the regional transportation system will have on land use and
community design. Establish, appropriately scale and stringently enforce design
standards for activity centers and nodes along these corridors to both serve the needs of
the community and those passing through.
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10.4 COMMUNITY DESIGN IMPLEMENTATION STRATEGIES:
G. Include in the City Design Review Ordinance criteria for building design, landscaping,
signage, and other aesthetic standards. Development along State Street within the Area
of City Impact and outside the City limits shall be encouraged to comply with the
Design Review Ordinance.
J. Require new residential, commercial, and industrial development to meet minimum
design standards as specified by City Ordinances.
U. Protect and enhance the small-town character of the City by ensuring building scaling is
appropriate to the site and by requiring signage which is creative and distinctive,
compatible with its surroundings, and an integral component of the style and character
of the building to which it relates.
LL.Recognize the following scenic/entry corridors:
1. State Highways 44(State Street and Alternate Route);
2. State Highway 16;
3. US 20/26(Chinden Boulevard);and
4. SH-55(Eagle Road).
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2:Rules and Definitions:
AUTOMOTIVE FUEL ISLANDS: A retail fuel sales facility typically including a small
kiosk building covered by a canopy.
CONVENIENCE STORE: Retail sales of food, beverages and small convenience items typically
found in establishments with long or late hours of operation.
DWELLING, SINGLE-FAMILY ATTACHED: A dwelling consisting of two (2) or more
dwelling units attached to one another by common walls with each dwelling unit being on a
separate lot,commonly referred to as townhouses and/or townhomes.
RESTAURANT WITH DRIVE-THROUGH: A restaurant,typically with indoor seating,which
includes drive-up window service for ordering food to go.
WINERY: An establishment for the manufacture or bottling of wine. A winery may include,
but is not limited to, the following: a tasting room, barrel rooms, bottling rooms, tank rooms,
laboratories,sale of wine,processing structure,and offices.
• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
Convenience Store with Fuel Service is a prohibited use in the MU (Mixed Use) zoning district
Single-family attached dwellings are allowed by Conditional Use within the MU(Mixed Use)
zoning district.
Restaurant(with drive-through)is allowed by Conditional Use within the MU(Mixed Use)
zoning district.
Winery is allowed by Conditional Use within the MU(Mixed Use)zoning district.
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• Eagle City Code Section 8-2A-1:General Applicability:
This article applies to all proposed development located within the Design Review Overlay
District which shall include the entire City limits, and any land annexed into the City after the
date of adoption hereof. Such development includes, but is not limited to, new commercial,
industrial, institutional, office, multi-family and single-family attached residential projects,
signs, common areas, subdivision signage,proposed conversions,proposed changes in land use
and/or building use, exterior remodeling or repainting with a color different than what is
existing,exterior restoration,and enlargement or expansion of existing buildings,signs or sites,
and requires the submittal of a design review application pursuant to this article and a fee as
established by resolution of the City Council. Design review applications for a change in paint
color are subject to review and approval by the City but otherwise shall not be required to
comply in all respects to the requirements of this article.
An individual single-family dwelling located within the A, A-R, R-E, and R Zoning District,
unless required as part of the PUD, is specifically excluded from the requirements of the
Design Review Overlay District.
• Eagle City Code Section 8-2A-5: Design Review Overlay Districts;Eagle Architecture and Site
Design Book(EASD):
A. Area Of District: The Design Review Overlay District encompasses the entire City limits
including any land annexed into the City after the date of adoption hereof.
E. Eagle Architecture And Site Design Book-EASD: The purpose of the EASD Book is to
show,through the use of pictures and text, specific period architectural styles,themes, and
elements envisioned through the requirements of this article. The EASD Book, established
through a resolution of the City Council and as may be amended through future
resolution(s), contains all exhibits referenced in this article and is incorporated herein by
reference. However, Exhibit A-1 may only be modified through an ordinance amendment.
The architecture styles found in the EASD Book are permitted styles. Architectural styles
not shown within the EASD Book will not be considered. A copy of the EASD Book is
available at Eagle City Hall.
• Eagle City Code Section 8-2A-7:Landscape and Buffer Area Requirements:
K. Parking Lot Landscaping:
1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off
street parking:
Parking should be located to the side and rear of buildings and shall be screened so that
it does not dominate the streetscape. Fences, hedges, berms, and landscaping may be
used to screen parking areas (chainlink fencing shall not be permitted). In the design of
large parking areas, arrange bays of parking spaces to be separated by landscaping.
When parking lots occur on sloping terrain, step the parking lots to follow the terrain
rather than allowing the lot surface to extend above natural grade.
2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is
located adjacent to a public right of way. The landscaped strip shall serve to shield
views of parked cars to passing motorists and pedestrians,and to establish coordination
among architecturally diverse buildings, which creates a pleasing, harmonious
appearance along the roadway.
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Four(4)options are provided for fulfilling this requirement:
a. Provide a ten foot (10') wide landscaped strip between the right of way and the
parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per
thirty five(35)linear feet of frontage,excluding driveway openings.
b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1
slope) within a ten foot (10') wide landscaped strip between the right of way and
the parking lot,and plant with a minimum of one shade tree and five(5)shrubs per
thirty five(35)linear feet of frontage,excluding driveway openings.
c. Provide a six foot (6) landscaped strip with a minimum thirty inch (30") grade
drop from the right of way to the parking lot, and plant with a minimum of one
shade tree and five(5) shrubs per thirty five(35) linear feet of frontage, excluding
driveway openings.
d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or
concrete along with a four foot(4')wide landscaped strip between the right of way
and the parking lot, and plant a minimum of one shade tree and five(5) shrubs per
thirty five(35)linear feet of frontage,excluding driveway openings.
• Eagle City Code Section 8-3-3: Supplemental Yard and Height Regulations:
D. Side And Rear Yards For Nonresidential Uses Abutting Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet
(40') to any lot line of a Residential District; except that the minimum yard requirements
may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or
screening approved by the Council is provided. Such screening shall be a masonry or solid
fence between four feet(4') and eight feet(8') in height, maintained in good condition and
free of all advertising or other signs. Landscaping provided in lieu of such wall or fence
shall consist of a strip of land not less than twenty feet (20') in width planted with an
evergreen hedge or dense planting of evergreen shrubs not less than four feet(4')in height
at the time of planting.
C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-2-3:Preliminary Plat:
B. Combining Preliminary And Final Plat In Minor Subdivisions: The applicant may request
that the subdivision application be processed as both a preliminary and final plat if all the
following exist:
1. The proposed subdivision does not exceed ten(10)lots;
2. No use of private streets,new street dedication,or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain,hillside development or the like;
4. All required information for both preliminary and final plat is complete and in an
acceptable form;and
5. The proposed subdivision is not in conflict with the comprehensive plan or any
provision of the zoning title of the city.
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• 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. Easement width shall be ten(10') feet along rear and front lot lines and five feet
along each side lot line, except that lesser easement widths, to coincide with respective
setbacks,may be considered as part of a planned unit development.
B. A five foot (5') wide unobstructed drainageway easement shall be provided in conjunction
with the utility easement along each side lot line or as required by the city council, except
that lesser easement widths,to coincide with respective setbacks,may be considered as part
of a 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.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.5 The setbacks shall be as follows(as measured from the perimeter of the site):
Front(south property line) 20-feet
Rear(north property line) 20-feet
Side(east property line) 7.5-feet
Street Side(west property line) 20-feet
Side(interior) 0-feet
Maximum coverage 92%
Maximum building height 35-feet (any exceptions to the maximum height
requires a conditional use permit)
3.6 Except for the limitations and allowances expressly set forth above and the other terms and
conditions of this Agreement, the Property can be developed and used consistent with the
Mixed Use Land uses allowed by 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(whatever the case may be)is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within the Eagle City
Code Section 8-2-3 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 as
provided herein.
The following uses are shown and"C"conditional uses under the MU zoning designation
within the Eagle City Code Section 8-2-3,shall be permitted uses on the Property:
• Arts and Crafts Show
• Bed and Breakfast Facility
• Childcare(Daycare Center or Group)
• Commercial Entertainment Facilities(indoor)
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• Government Building,Office
• Laboratories
• Laundromat
• Laundry,drive up service
• Library
• Microbrewery
• Museum
• Nursing Convalescent Home
• Retail Sales general/limited
• Retail/office buildings
• Research Activities
In addition, and in accordance with Eagle City Code Section 8-64, Uses Permitted, which
allows up to ten percent (10%) of the gross land area may be directed to other commercial
uses that are not allowed within the land use district,a Convenience Store with Fuel Service
use (shown on Concept Plan as Jackson C-Store) shall be a permitted use as conditioned
herein.
In addition to all other uses prohibited within the section of Eagle City Code the following
uses shall also be prohibited on the Property:
• Adult Business
• Ambulance Services
• Boarding or Lodging House or Dormitory
• Cemetery
• Circuses and Carnivals
• Drive In Theater
• Equipment Rental and Sales yard
• Golf Course
• Hospital
• Horticulture(general and limited)
• Kennel
• Public Service Facilities
• Residential Mobile Home(Single Unit)
• Residential Mobile Home(Single Unit temporary living quarters)
• Riding Academies,Stable
• Small Engine repair
• Storage(fenced area)
3.6.1 Any building with a proposed drive-thru shall be designed in such a way as to
compliment the entirety of the development and shall include a minimum forty-eight
inch (48") berm (measured from the centerline of the adjacent roadway) adjacent to
the drive-thru lanes or a minimum forty-eight inch (48") grade separation (measured
from the centerline of the adjacent roadway) to reduce the impact of the vehicles
utilizing the drive-thru lanes(i.e.vehicle headlights and vehicle cueing).
3.8 The commercial/retail/office buildings shall be constructed utilizing "Tudor" style
architecture as identified within the Eagle Architecture and Site Design Book. As individual
buildings go through the design review process, Owner shall demonstrate the complimentary
relationship, in terms of building height and style,to adjacent existing or proposed buildings
within the development in order to produce a compatible and desirable development.
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3.9 Owner shall provide a property use and common area maintenance agreement"Agreement"
containing conditions, covenants and restrictions for the Property which shall contain at least
the following:
(a) An allocation of responsibility for maintenance of all community and privately
owned pressurized irrigation facilities, parking lots and amenities. The repair and
maintenance requirement shall run with the land and that the requirement cannot be
modified and that the Agreement cannot be dissolved without the express consent of
the city.
(b) A requirement that all common landscaped areas are to be privately owned but shall
be described in and subject to a reciprocal easement allowing for common use by all
property owners within the development. The Agreement shall provide that a
designated property owner or group(i.e.business owner's association)shall have the
duty to maintain and operate all the landscaped areas in a competent and attractive
manner, including watering, mowing, fertilizing and caring for shrubs and trees in
accordance with Eagle City Code,in perpetuity.
(c) A requirement for the placement of street trees located behind the attached sidewalks.
(d) A requirement ensuring compliance with design guidelines approved with this
Development Agreement. To assure compliance with this condition, the applicant
shall create an Architectural Control Committee (ACC) as a component of the
Agreement. Provisions regarding the creation and operating procedures of the ACC
shall be included in the Agreement and shall be reviewed and approved by the City
prior to the issuance of a zoning certificate for the site. 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.
(e) A requirement that in the event any of the terms of the Agreement are less restrictive
than any government rules, regulations or ordinances, then the more restrictive
government rule, regulation or ordinances shall apply. The terms of the Agreement
are to be 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 Agreement unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule, regulation, law or
ordinance.
3.10 All common areas are to be privately owned but shall be described in and subject to a
reciprocal easement allowing for common use by all property owners within the development
as provided in the Agreement. The Agreement shall require that a designated property owner
or group(i.e.business owner's association)will be responsible to maintain all common areas
for the development. The Owner shall provide a copy of the Agreement (which include a
similar statement regarding common areas) for review and approval by the City Attorney
prior to the issuance of a zoning permit.
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3.11 The development shall incorporate pedestrian amenities which encourage pedestrian use of
the corresponding facilities such as outdoor drinking fountains, benches, tables, etc. The
amenities shall be reviewed and approved by the Design Review Board prior to the
construction of said amenities in the applicable phase or portion of the Property that is being
developed.
3.12 The development shall include a ten foot (10') wide buffer area adjacent to the northern
boundary of the Property as noted in the Concept Plan. The ten foot (10') wide buffer area
shall contain a pre-cast concrete fence six feet (6') in height. The pre-cast concrete fence
shall be constructed with the second phase of the development.As noted in the Concept Plan,
the development shall include the required buffer area adjacent to N. Park Lane and State
Highway 44 based upon the location of the parking areas and buildings per Eagle City Code.
3.13 Owner shall submit a design review application with each portion or phase of the Property
that is being developed showing at a minimum the following as applicable: 1) proposed
development signage, 2)planting details within the proposed and required landscape islands
and all common areas throughout the development, 3) elevation plans for all proposed
common area structures and irrigation pump house (if proposed), 4) landscape screening
details of any irrigation pump house(if proposed), 5)useable amenities such as picnic tables,
covered shelters, benches, gazebos, bike racks, and/or similar amenities, 7) design of ponds
(if any)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 commencing
construction of the applicable structure(s).
3.14 All living trees, if any, 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, if any, will be integrated into the open space areas (unless
approved for removal by the Design Review Board) shall be provided for Design Review
Board approval prior to the submittal of a final plat.
3.15 Owner shall provide pedestrian and bicycle public access to State Highway 44 and the
subdivision to the North as shown on the Concept Plan noted in Section 3.3. The public
access to the pathway shall be reviewed and approved by the Design Review Board prior to
issuance of a zoning certificate. The pedestrian and bicycle facilities shall be constructed
prior to issuance of a certificate of occupancy for the convenience store with fuel service.The
pathway located adjacent to State Highway 44 shall be completed across the entire frontage
of the Property in its entirety prior to issuance of a certificate of occupancy for the
convenience store with fuel service.
3.16 The location of parking areas and structures on the convenience store parcel will comply with
the Concept Plan. All other building placement shall be designed such that parking areas are
not concentrated between the buildings and State Highway 44. The building placement and
parking area locations,for each phase or proposed improvement,thereafter,shall be reviewed
and approved by the Design Review Board prior to issuance of a zoning certificate.
3.17 Provide a license agreement with ACHD approving any landscaping located in the public
right of way abutting the western boundary of the Property (N. Park Lane) prior to
commencing construction of the convenience store.
3.18 Owner shall dedicate right of way to ACHD in the northwest comer of the Property as
required by ACHD and as generally noted in the Concept Plan. Said right of way provides a
connection between N. Sauer River Ave. in the development along the east side of N. Park
Lane to the north of the Property, N. Park Lane, and the private internal roads within the
development.
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3.20 The development to the east of the Property includes a road stubbed to the Property. If the
owner of the property to the east is subject to a lawful requirement to provide connectivity
between its property and this Property, Owner will provide connectivity with the adjacent
property to the East. As part of any development of the remainder of the Property subsequent
phases following Phase 1, Owner will provide a cross access agreement with the adjacent
property owner to the east. The cross-access agreement shall be executed, recorded and
referenced prior to the issuance of a zoning certificate for development of future phases of
the Property.
E. DISCUSSION (based on the executed development agreement [Ada County instrument #2017-
101445], preliminary plat, date stamped by the City on February 14, 2023, and the 2"d revised
narrative, date stamped by the City on February 14, 2023):
• The applicant is requesting approval of a combined preliminary/final plat. Also, the applicant
has indicated within the provided narrative (noted on the preliminary plat) that one (1) of the
lots may be re-subdivided to allow for single-family attached residential or flex space. Due to
the request for a development agreement modification and the complexity of the proposal,staff
recommends the applicant be limited to preliminary plat approval only.
• The conceptual site plan contained within the preliminary plat shows approximately 175-feet of
the parking area associated with Block 1, Lots 7 and 8, located adjacent to W. State Street.
Pursuant to Eagle City Code Section 8-2A-7(K)(1) parking should be located to the side and
rear of buildings and shall be screened so that it does not dominate the streetscape.The building
footprint of Building "G" (as shown on the conceptual site plan) could be reconfigured to
match the footprint of Building "A" to provide additional screening of the parking areas from
W. State Street. The applicant should be required to provide a revised preliminary plat
containing a revised conceptual site plan showing Building "G" reconfigured to match the
footprint of Building "A." The revised preliminary plat containing the revised conceptual site
plan should be provided prior to submittal of a final plat application.
• The conceptual site plan contained within the preliminary plat shows Block 1, Lot 1, with a
parking area located west of Building"A."The southern portion of the parking area shows two
(2) access points. The access point located farthest to the west is not in alignment with the
parking area access points associated with the proposed uses located south of the service drive
aisle. As designed,there may be a conflict with vehicles entering each of the parking areas due
to the minimal amount of spacing located between the access points. The applicant should be
required to provide a revised preliminary plat with a revised conceptual plan showing Block 1,
Lot 1,with only one(1)access point to the parking area located north of the service drive aisle.
The access point for Block 1,Lot 1,should be in alignment with the western parking lot access
point associated with Block 1, Lot 8. The revised preliminary plat containing the revised
conceptual site plan should be provided prior to submittal of a final plat application.
• The applicant has provided a proposed development agreement, date stamped by the City on
February 14, 2023, which includes requested conditions of development. The applicant's
proposed development agreement does not include the convenience store with fuel service. On
August 8,2017,the City Council approved a rezone with a development agreement(in lieu of a
PUD) to allow for the convenience store with fuel service to be constructed on ten percent
(10%) of the site. Development agreements are a discretionary tool used by the Council as a
condition of rezoning and allow a specific product with a specific use to be developed on
property in an area that is not appropriate for all uses allowed or conditional in the requested
zone. Within a PUD, up to ten percent (10%) of the gross land area may be directed to other
commercial, office, public and quasi-public uses that are not allowed within the land use
district, provided that there is a favorable finding by the City Council that the proposed uses
will be compatible with the surrounding land uses. Based on the previous approval, the
executed development agreement associated with the subject property is inclusive of the
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property containing the convenience store with fuel service. In the event the development
agreement modification was approved and the site containing the convenience store with fuel
service was not included as part of the development agreement,the convenience store with fuel
service would become a non-conforming use. Staff recommends that if the Council approves
the development agreement modification, the property containing the convenience store with
fuel service be included in the amended and restated development agreement. Also, the
amended and restated development agreement should include language which allows the
individual property owner(s) to have the ability to modify the development agreement
associated only with the property they own. In the event of modification, the development
agreement modification should not require the signature of the other property owner(s).
• Plat note #2 of the preliminary plat states, "All development within this subdivision shall be
consistent with the conditions of development within the development agreement and any
subsequent modifications to the development agreement."
The applicant is requesting a modification of the existing executed development agreement;
therefore, the plat note should reference the instrument number of the amended and restated
development agreement. The applicant should be required to provide a revised preliminary plat
with plat note #2 revised to state, "All development within this subdivision shall be consistent
with the conditions of development within the development agreement(Instrument No._J and
any subsequent modifications to the development agreement." The revised preliminary plat
should be provided prior to submittal of a final plat application.
• Plat note#5 of the preliminary plat states,"Block 1,Lot 3,to be preserved for future residential
development and is intended to be developed under a separate preliminary plat."
The applicant's narrative indicates that the northeasterly portion of the project could include a
single-family attached residential development or flex space depending on market trends at the
time of development. Pursuant to Eagle City Code Section 8-2-3, all the types of residential
uses requires conditional use permit approval within the MU (Mixed Use) zoning district. The
preliminary plat contains a conceptual site plan (page EX 1.0) which shows Block 1, Lot 3,
reserved for future development. The conceptual site plan does not show any form of building
orientation or a conceptual single-family attached residential design. Since it is unknown at this
time which uses will be developed on Block 1, Lot 3,in the event the applicant moves forward
with developing a residential product on Block 1, Lot 3, the applicant should be required to
submit a conditional use permit with the preliminary plat. The applicant should provide a
revised preliminary plat with plat note #5 deleted. The revised preliminary plat should be
provided prior to submittal of a final plat application.
• The preliminary plat does not contain a plat note regarding future re-subdivision.As previously
stated, the applicant's narrative indicates a portion of the site could include single- family
attached residential.The applicant should be required to provide a revised preliminary plat with
a new plat note which states, "Any re-subdivision of this plat shall comply with the applicable
zoning and subdivision regulations in effect at the time of re-subdivision." The revised
preliminary plat should be provided prior to submittal of a final plat application.
• The irrigation water for the site is provided by the Ballantyne Ditch Company. The preliminary
plat does not contain any notes regarding irrigation water or the maintenance of an irrigation
system. The applicant should provide a revised preliminary plat with a new plat note which
states, "Irrigation water has been provided by Ballentyne Ditch Company in compliance with
Idaho Code Section 31-3805(1)(b). Lots within the subdivision will be entitled to irrigation
water rights and/or shares and individual lots will remain subject to assessments from the
applicable irrigation entities, to be paid through fees assessed by the homeowner's association.
The pressurized irrigation system shall be owned and maintained by the Bronco Acres
Subdivision Owner's Association, or its assigns." The revised preliminary plat should be
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provided prior to submittal of a final plat application.
• The subject property abuts North Park Lane. North Park Lane is an ACHD public roadway.
Portions of the subject property have already been improved with a sidewalk and landscaping
by the owner of the adjacent property; however, if the subdivision is approved and upon
recordation of a final plat those areas will be within Bronco Acres Subdivision. The owner of
the property is required to have an ACHD License Agreement associated with the improvement
located within the North Park Lane right-of-way. The applicant should be required to provide a
revised preliminary plat with a new plat note which states, "This subdivision is subject to
the terns of ACHD License Agreement Instrument No. ."The applicant should be
required to record the license agreement and reference the Ada County instrument number on
the plat note. The revised preliminary plat should be provided prior to submittal of a final plat
application.
• The preliminary plat contains "Preliminary Engineering Notes." Preliminary Engineering Note
#7 states, `Blanket easements may be provided across lot lines as development occurs and
determined during final design."
The preliminary plat notes which will be required as part of the final plat do not reference
public utilities,drainage, or irrigation easements. The applicant should be required to provide a
revised preliminary plat with a new plat note which states, "All lots shall have a blanket public
utility, drainage, and irrigation easement." The revised preliminary plat should be provided
prior to submittal of a final plat application.
• The access points from State Highway 44 to the subject site and the convenience store with fuel
service are located within recorded easements. The applicant has provided a copy of a recorded
Amended and Restated Declaration of Covenants, Restrictions, and Easements (Ada County
instrument#2021-152772), date stamped by the City on December 15, 2022, which identifies
the access easements. However, the Cross Access Easement, Ada County instrument number
referenced on the preliminary plat does not match the Ada County instrument number of the
submitted document. Also, the preliminary plat does not contain a plat note regarding cross
access within the site. The applicant should provide a separate recorded cross access agreement
associated with vehicular access for Bronco Acres Subdivision and the convenience with fuel
service site. The cross access agreement should be recorded and referenced in a plat note on the
final plat prior to the City Clerk signing the final plat. The applicant should provide a revised
preliminary plat with a new plat note referencing a cross access agreement associated with
Bronco Acres Subdivision and the convenience store with fuel service. The revised preliminary
plat should be provided prior to submittal of a final plat application.
• Based on the orientation of the buildings (as shown on the conceptual site plan) relative to the
parking areas it appears the subdivision lots will provide shared parking between lots. The
subdivision's code, covenants, and restrictions (CC&Rs) should contain a provision to allow
for shared parking between the lots. The applicant should provide a revised preliminary plat
with a new plat note which allows for shared parking between all lots within the subdivision.
The revised preliminary plat should be provided prior to submittal of a final plat application.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on April 17,
2023, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no
one(not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
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COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• They support removing the requirement regarding limiting the development to"Tudor"style
architecture.
• They support allowing landscaping or a decorative block wall to screen the drive-through lanes.
COMMISSION DECISION REGARDING THE DEVELOPMENT AGREEMENT
MODIFICATION:
The Commission voted 5 to 0 to recommend approval of RZ-04-17 MOD2 for a development agreement
modification with the conditions of development to be placed within an Amended and Restated
Development Agreement as provided within their findings of fact and conclusions of law, dated May 1,
2023.
COMMISSION DECISION REGARDING THE COMBINED PRELIMINARY/FINAL PLAT:
The Commission voted 5 to 0 to recommend approval of PP/FP-01-22 for a preliminary plat only for
Bronco Acres Subdivision (Exhibit "A") for Mustang Crossing Eagle, 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 May 1,2023.
PUBLIC HEARING OF THE COUNCIL:(Public Hearing Audio/Video Record):
https://eagleid.granicus.com/player/clip/1746?view_id=1&redirect—true&h=a2a8b8a9ae8fdOb4358ee5bf43
60714a
A. A public hearing on the applications came before the Eagle City Council for their action on June 13,2022,at
which time public testimony was taken.and the public hearing was closed.
B. Oral testimony in favor of the applications was presented to the City Council by no one (not including the
applicant/representative).
C. Oral testimony in opposition to the applications was presented to the City Council by no one.
COUNCIL DECISION REGARDING THE DEVELOPMENT AGREEMENT MODIFICATION:
The Council voted 3 to 0 (Gindlesperger absent) to approve RZ-04-17 MOD2 for a development agreement
modification with the following Planning and Zoning Commission recommended conditions to be placed within
an Amended and Restated Development Agreement:
3.1 Owner will develop the Property subject to the conditions, limitations and rights set forth in this
Development Agreement. Further, Owner will submit such applications regarding 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 Owner shall complete the Design Review process for the site (as required by the Eagle City Code)
and shall comply with all conditions required by Eagle as a part of the Design Review prior to
issuance of a building permit.
3.3 The Concept Plan (Exhibit "C") represents the Owner's current concept for completion of the
Project. As the Concept Plan evolves, the City understands and agrees that certain changes in that
concept may occur or be required. 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 and notice shall be provided as may be
required by the City.
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3.4 The Property as depicted on the Concept Plan is to be developed with a combination of 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). Buildings
shall not exceed 20,000-square feet in size, however, the City may allow building footprints larger
after a public hearing on the proposed change as noted in Section 3.3. Buildings in excess of 30,000
square feet are prohibited.
3.5 The setbacks shall be as follows (as measured from the perimeter of the site):
Front(south property line) 20-feet
Rear(north property line) 20-feet
Side(east property line) 7.5-feet
Street Side (west property line) 20-feet
Side(interior) 0-feet
Maximum coverage 92%
Maximum building height 35-feet(any exceptions to the maximum height requires a
conditional use permit)
3.6 Except for the limitations and allowances expressly set forth above and the other terms and
conditions of this Agreement,the Property can be developed and used consistent with the Mixed Use
Land uses allowed by 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 (whatever the
case may be)is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within the Eagle City Code
Section 8-2-3 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 as provided herein.
The following uses are shown and"C"conditional uses under the MU zoning designation within the
Eagle City Code Section 8-2-3,shall be permitted uses on the Property:
• Arts and Crafts Show
• Childcare(Daycare Center or Group)
• Commercial Entertainment Facilities(indoor)
• Government Building,Office
• Laboratories
• Laundromat
• Laundry,drive up service
• Library
• Microbrewery
• Museum
• Nursing Convalescent Home
• Retail Sales general/limited
• Retail/office buildings
• Research Activities
• Restaurant(with drive-through)(Block 1,Lots 5 and 8 only)
In addition, and in accordance with Eagle City Code Section 8-6-4, Uses Permitted, which allows up
to ten percent (10%) of the gross land area may be directed to other commercial uses that are not
allowed within the land use district, a Convenience Store with Fuel Service use (shown on Concept
Plan as Jacksons C-Store)shall be a permitted use as conditioned herein.
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In addition to all other uses prohibited within the section of Eagle City Code the following uses shall
also be prohibited on the Property:
• Adult Business
• Ambulance Services
• Boarding or Lodging House or Dormitory
• Cemetery
• Circuses and Carnivals
• Drive In Theater
• Equipment Rental and Sales yard
• Golf Course
• Hospital
• Horticulture(general and limited)
• Kennel
• Public Service Facilities
• Residential Mobile Home(Single Unit)
• Residential Mobile Home(Single Unit temporary living quarters)
• Riding Academies,Stable
• Small Engine repair
• Storage(fenced area)
3.6.1 Any building with a proposed drive-thru shall be designed in such a way as to compliment the
entirety of the development and shall include a minimum forty-eight inch (48") berm
(measured from the centerline of the adjacent roadway),decorative block wall,minimum forty-
eight inch (48") high landscaping, or combination thereof shall be provided adjacent to the
drive-thru lanes or a minimum forty-eight inch (48") grade separation (measured from the
centerline of the adjacent roadway)to reduce the impact of the vehicles utilizing the drive-thru
lanes(i.e.vehicle headlights and vehicle cueing).
3.7 The area identified on the Concept Plan (Jackson C-Store)permitted to contain a Convenience
Store with Fuel Service is subject to the following minimum conditions:
3.7.1 The total size of the parcel containing the convenience store with fuel service shall not exceed
ten percent(10%)of the gross area of the Property(11.22 acres).
3.8 The commercial/retail/office buildings shall be constructed utilizing " architecture as
identified within the Eagle Architecture and Site Design Book. As individual buildings go through
the design review process, Owner shall demonstrate the complimentary relationship, in terms of
building height and style,to adjacent existing or proposed buildings within the development in order
to produce a compatible and desirable development.
3.9 Owner shall provide a property use and common area maintenance agreement "Agreement"
containing condition, covenants and restrictions for the Property which shall contain at least the
following:
(a) An allocation of responsibility for maintenance of all community and privately owned
pressurized irrigation facilities, parking lots and amenities. The repair and maintenance
requirement shall run with the land and that the requirement cannot be modified and that the
Agreement cannot be dissolved without the express consent of the city.
(b) A requirement that all common landscaped areas are to be privately owned but shall be described
in and subject to a reciprocal easement allowing for common use by all property owners within
the development. The Agreement shall provide that a designated property owner or group (i.e.
business owner's association) shall have the duty to maintain and operate all thelandscaped areas
in a competent and attractive manner, including watering, mowing, fertilizing and caring for
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shrubs and trees in accordance with Eagle City Code,in perpetuity.
(c) A requirement that all parking areas shall be shared within the subdivision.
(d) A requirement for the placement of street trees located behind the attached sidewalks.
(e) A requirement insuring compliance with design guidelines approved with this Development
Agreement. To assure compliance with this condition, the applicant shall create an Architectural
Control Committee (ACC) as a component of the Agreement. Provisions regarding the creation
and operating procedures of the ACC shall be included in the Agreement and shall be reviewed
and approved by the City prior to the issuance of a zoning certificate for the site.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.
(f) Requirement that in the event any of the terms of the Agreement are less restrictive than any
government rules, regulations or ordinances, then the more restrictive government rule,
regulation or ordinances shall apply. The terms of the Agreement are to be 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 Agreement unlawful,
then in such event that portion shall be deemed to be amended to comply with the applicable rule,
regulation,law or ordinance.
3.10 All common areas are to be privately owned but shall be described in and subject to a reciprocal
easement allowing for common use by all property owners within the development as provided in the
Agreement. The Agreement shall require that a designated property owner or group (i.e. business
owner's association) will be responsible to maintain all common areas for the development. The
Owner shall provide a copy of the Agreement(which include a similar statement regarding common
areas)for review and approval by the City Attorney prior to the issuance of a zoning permit.
3.11 The development shall incorporate pedestrian amenities which encourage pedestrian use of the
corresponding facilities such as outdoor drinking fountains, benches,tables, etc. The amenities shall
be reviewed and approved by the Design Review Board and City Council prior to the construction of
said amenities in the applicable phase or portion of the Property that is being developed.
3.12 The development shall include a ten foot(10')wide buffer area adjacent to the northern boundary of
the Property as noted in the Concept Plan. The ten foot(10')wide buffer area shall contain a pre-cast
concrete fence six feet (6') in height. The pre-cast concrete fence shall be constructed prior to the
issuance of the first building permit. As noted in the Concept Plan,the development shall include the
required buffer area adjacent to N. Park Lane and State Highway 44 based upon the location of the
parking areas and buildings per Eagle City Code.
3.13 Owner shall submit a design review application with each portion or phase of the Property that is
being developed showing at a minimum the following as applicable: 1) proposed development
signage,2)planting details within the proposed and required landscape islands and all common areas
throughout the development, 3) elevation plans for all proposed common area structures and
irrigation pump house (if proposed), 4) landscape screening details of any irrigation pump house (if
proposed), and 5) useable amenities such as picnic tables, covered shelters, benches, gazebos, bike
racks, and/or similar amenities. The design review application shall be reviewed and approved by the
Eagle Design Review Board prior to commencing construction of the applicable structure(s).
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3.14 All living trees shall be preserved unless otherwise determined by the City Council. A detailed
landscape plan showing how the trees will be preserved (unless approved for removal by the City
Council)shall be provided prior to the submittal of a final plat application. Construction fencing shall
be installed to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
3.15 The building placement shall be designed such that parking areas are not concentrated between the
buildings and State Highway 44. The building placement and parking area locations, for each phase
or proposed improvement thereafter, shall be reviewed and approved by the Design Review Board
and City Council prior to issuance of a zoning certificate.
3.16 Provide a license agreement with ACHD approving any landscaping located in the public right of
way abutting the western boundary of the Property (N. Park Lane) prior to recordation of the final
plat.
3.17 Owner shall dedicate right of way to ACHD in the northwest corner of the Property as required by
ACHD and as generally noted in the Concept Plan. Said right of way provides a connection between
N. Sauer River Ave. in the development along the east side of N. Park Lane to the north of the
Property,N.Park Lane and the private internal roads within the development.
3.18 The development to the east of the Property includes a road stubbed to the Property. If the owner of
the property to the east is subject to a lawful requirement to provide connectivity between its property
and this Property, Owner will provide connectivity with the adjacent property to the East. As part of
any development of the remainder of the Property subsequent phases following Phase 1, Owner will
provide a cross access agreement with the adjacent property owner to the east. The cross-access
agreement shall be executed,recorded and referenced prior to the issuance of a zoning certificate for
development of future phases of the Property.
COUNCIL DECISION REGARDING THE COMBINED PRELIMINARY/FINAL PLAT:
The Council voted 3 to 0 (Gindlesperger absent) to approve PP/FP-01-22 for a preliminary plat only for
Bronco Acres Subdivision (Exhibit "A") for Mustang Crossing Eagle, LLC, with the following Planning
and Zoning Commission recommended site specific conditions of approval and standard conditions of
approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-04-17
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. Provide a revised preliminary plat containing a revised conceptual site plan showing Building "F"
reconfigured to match the footprint of Building "A." The revised preliminary plat containing the
revised conceptual site plan shall be provided prior to submittal of a final plat application.
5. Provide a revised preliminary plat with a revised conceptual plan showing Block 1,Lot 1,with only
one(1)access point to the parking area located north of the service drive aisle. The access point for
Block 1, Lot 1, shall be in alignment with the western parking lot access point associated with
Block 1, Lot 8. The revised preliminary plat containing the revised conceptual site plan shall be
provided prior to submittal of a final plat application.
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6. Provide a revised preliminary plat with plat note #2 revised to state, "All development within this
subdivision shall be consistent with the conditions of development within the development
agreement (Instrument No. ) and any subsequent modifications to the development
agreement." The revised preliminary plat shall be provided prior to submittal of a final plat
application.
7. Provide a revised preliminary plat with plat note #5 deleted. The revised preliminary plat shall be
provided prior to submittal of a final plat application.
8. Provide a revised preliminary plat with a new plat note which states, "Any re-subdivision of this
plat shall comply with the applicable zoning and subdivision regulations in effect at the time of re-
subdivision." The revised preliminary plat shall be provided prior to submittal of a final plat
application.
9. Provide a revised preliminary plat with a new plat note which states, "Lots shall not be reduced in
size without prior approval from the health authority." The revised preliminary plat shall be
provided prior to submittal of a final plat application.
10. Provide a revised preliminary plat with a new plat note which states, "Irrigation water has been
provided by Ballentyne Ditch Company in compliance with Idaho Code Section 31-3805(1)(b).
Lots within the subdivision will be entitled to irrigation water rights and/or shares and individual
lots will remain subject to assessments from the applicable irrigation entities, to be paid through
fees assessed by the homeowner's association. The pressurized irrigation system shall be owned
and maintained by the Bronco Acres Subdivision Owner's Association,or its assigns."The revised
preliminary plat shall be provided prior to submittal of a final plat application.
11. Provide a revised preliminary plat with a new plat note which states,"This subdivision is subject to
the terms of ACHD License Agreement Instrument No. The
applicant shall record the license agreement and reference the Ada County instrument number on
the plat note. The revised preliminary plat shall be provided prior to submittal of a final plat
application.
12. Provide a revised preliminary plat with a new plat note which states, "All lots shall have a blanket
public utility, drainage, and irrigation easement." The revised preliminary plat shall be provided
prior to submittal of a final plat application.
13. Provide a separate recorded cross access agreement associated with vehicular access for the
convenience with fuel service site and Bronco Acres Subdivision. The cross access agreement
should be recorded and referenced in a plat note on the final plat prior to the City Clerk signing the
final plat.Provide a revised preliminary plat with a new plat note referencing a cross access
agreement associated with the convenience store with fuel service site and Bronco Acres
Subdivision. The revised preliminary plat shall be provided prior to submittal of a final plat
application.
14. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the
Design Review Board), including, but not limited to, both sides of the service drive aisle, parking
lot islands,and northern buffer area,within this development,or as approved by the Design Review
Board. Prior to the City Clerk signing the final plat the applicant shall either install the required
trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the
installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining
any occupancy permits for the buildings. A temporary occupancy may be issued if weather does
not permit landscaping. Partial reduction of the surety may be permitted for any portion of the
development that is completed, including street trees that have been installed. On- going surety for
street trees for all undeveloped portions of the development will be required through project
completion.
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15. 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.
16. The Bronco Acres Subdivision shall remain under the control of one Homeowners Association.
17. 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.
18. The applicant shall work with the City to establish a Conservation and Education Program (CEP)
Funding Plan associated with Bronco Acres Subdivision. The CEP Funding Plan shall be executed
by the applicant and the City prior to the City Clerk signing the final plat.
19. To allow for the future installation of municipal fiber-optic cable,the applicant shall be required to
install fiber-optic conduit lines along the service drive aisle in accordance with the City's Fiber
Master Plan. Upon completion of the installation of the municipal fiber-optic conduit lines, the
applicant shall provide GIS coordinates of the locations of the municipal fiber-optic conduit lines.
The municipal fiber-optic conduit lines shall be installed, GIS coordinates provided,and the fiber-
optic conduit lines shall be dedicated to the City prior to the City Clerk signing the final plat.
20. Provide a revised preliminary plat with a new plat note which allows for shared parking between all
the lots within the subdivision. The revised preliminary plat shall be provided prior to submittal of
a final plat application.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs,gutters,streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include,but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50,Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to fumish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service,prior to the City Engineer signing the final plat.
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7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof, or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C),which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s)shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
surety shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The
CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City
Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all
runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot
line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting,covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain,used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district,canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch,pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district,or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
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Whether located inside or outside of the public right-of-way the perpetual maintenance of the street
lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association,whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service,and
as may be required by the Eagle City Code,prior to the City Engineer signing the final plat.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle
Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and
1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be
inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities,the covenants and restrictions,homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River,Dry Creek or any other
area designated by the City Council or the Eagle Parks, Pathways, and Recreation Commission for
a path or walkway shall be approved in writing by the Eagle City Parks,Pathways, and Recreation
Commission prior to approval of the final plat by the City Council.
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21. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan(if applicable)in effect at the time of City
Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the floodplain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
30. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council(ECC 9-6-5 (A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3)prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit,Certificate of Deposit,cash deposit or certified check.
31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer,and City Clerk.
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33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights,claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that"Digline"has performed an inspection of the site
shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4'plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above
the ground)noticing the contractors to clean up daily,no loud music,and no dogs off leash.
37. Owner shall provide a"Heavy Truck Traffic Plan"to be followed by any vehicle or equipment over
8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck
traffic routes shall maximize use of highways and major arterials while minimizing use of smaller
residential streets. The plan will also cite that compression braking is prohibited everywhere in
Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and
for monitoring compliance.
38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a"Notice to Proceed"with construction letter.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed development agreement
modification (RZ-04-17 MOD2) 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
development agreement modification 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 in lieu of a PUD)is
consistent with the Mixed Use designation as shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed for
this site indicate that adequate public facilities exist, or are expected to be provided, to serve all
uses allowed on the subject property under the proposed zone;
c. The MU-DA (Mixed Use with a development agreement [in lieu of a PUD ]) zone is compatible
with the MU-DA (Mixed Use with a development agreement) zone and land use to the south and
east since that area is developed with commercial uses (Camille Beckman and Arts West
Subdivision);
d. The MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zone is compatible
with the MU-DA(Mixed Use with a development agreement)zone and land uses to the north since
that area is developed with a mixed use subdivision consisting of residential and commercial uses.
The subject property is also bordered on the north by a property containing senior living
apartments and the applicant is required to provide a buffer between the proposed
development and the adjacent uses;
e. The MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zone is compatible
with the RUT (Rural-Urban Transition—Ada County desgination) zone and land use to the west
since that area currently is being utilized for an agricultural use and may be developed similarly in
the future;
f. The land proposed for rezone is not located within a"Hazard Area"or"Special Area"as described
within the Comprehensive Plan; and
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g. No non-conforming uses are expected to be created with this rezone since the existing residential
dwelling is being removed as required within the development agreement.
2. The Council reviewed the particular facts and circumstances of this proposed preliminary plat, and
based upon the information provided concludes that the proposed development is in accordance with
the City of Eagle Comprehensive Plan and established goals and objectives because:
A. That the proposed preliminary plat is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
The development is proposed in an area that is recognized to include a mix of residential uses,
limited retail, and office uses, the promote trip capturing. Also, the mix of uses in the project will
provide an array of employment opportunities for the area and provide easy access to shops and
stores.
B. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
As required herein,the buildings shall be constructed utilizing architecture as identified within the
Eagle Architecture and Site Design Book. The applicant is required to demonstrate the
complimentary relationship, in terms of building height and style, to adjacent existing or proposed
buildings within the development in order to produce a compatible and desirable development.
Also,based on Eagle City Code Section 8-2A-13(B)(2), General Standards for Design Review,the
buildings are to be designed of a scale, intensity, and character that is in harmony with existing
conforming and planned development in the vicinity of the site. Furthermore,the design of site and
buildings shall not interfere with the visual character,quality,or appearance of the surrounding area
and where possible, enhance the continuity of thematically common architectural features. Based
upon the quality architectural assurances identified in this conclusion, the Council removed the
condition to specifically require"Tudor"style architecture.
C. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
The development will take access from Park Lane, State Highway 44, and an adjacent mixed use
development. The property is bordered on the north by a senior living development and a mixed
use subdivision containing residential and commercial lots. The applicant is required to provide
appropriate buffering to mitigate the impact to the residential areas located north of the
development.
D. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic,noise,smoke,fumes,glare or odors.
This area is located within the Park Lane Planning area which encourages a mix of residential uses,
limited retail and office uses that promote trip capturing. As previously identified the applicant is
required to provide a buffer between the proposed commercial uses and the residential areas
located north of the development.
E. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
All central services are either available to the site or will be as conditioned herein, as noted within
the letters provided by the agencies having jurisdiction over the site.
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F. That the development will not create excessive additional requirements at public cost for public
facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the Eagle Sewer District, Veolia Water of Idaho, or ACHD.
The developer provides the services in the initial stages of development, therefore, the public
service providers avoid potential liability and expenses. Also, the additional tax revenue received
from the development will contribute to services such as schools,police,and fire protection.
G. That the development is provided with parks,ponds,open areas,areas of special interest,floodplain
preservation, and/or other special features which would not typically be provided in a non-PUD
proposal.
The development is designed with a mix of retail, office, and commercial uses, in compliance with
the Park Lane Planning area. The development is also designed with a pedestrian friendly
environment with consideration given to the Scenic Corridor area adjacent to State Highway 44.
H. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
Access to the development will be from Park Lane, State Highway 44, and cross access from the
adjacent mixed use development to the east. The access to State Highway 44 will be constructed
pursuant to the requirements of the Idaho Transportation Department. The access to Park Lane and
interior street will be public and will be constructed pursuant to the requirements of the Ada County
Highway District.
I. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
There are no known natural,scenic,or historic features of major importance located on site.
J. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development will be harmonious with and in accordance with the general objectives
of the Comprehensive Plan and Park Lane Planning sub area policies.
K. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
The applicant previously received approval for a development agreement in lieu of a PUD as
outlined in Eagle City Code and the requested development agreement modification application
satisfies those requirements as well and will be required to meet the conditions herein. In addition,
the applicant will be required to submit a design review application and comply with all Eagle City
Codes and conditions of approval of the design review.
L. That the benefits,combination of various land uses, and interrelationship with the surrounding area
for this proposed development justifies any proposed deviation from any standard district
regulations.
The development provides for a mix of commercial uses in proximity to a principal arterial and
provides pathway connections to adjacent developments and the City pathway network.
3. The Council's approval of a preliminary plat only is based on the following: 1)the subdivision is being
proposed with a private street at the entrance from State Highway 44, 2) the complexity of the
development in relationship to ingress/egress associated with the separate lots, and 3)the possibility of
Lot 3,Block 1,being re-subdivided in the future to allow for single-family attached dwellings.
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DATED this 27th day of June,2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Jason erc Mayor
►`,tiAoGL
A EST: �• �F•••....•� '•.
Tracy E. orn,Eagle City Clerk.
a J -•
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