Findings - CC - 2001 - PP-14-00 - 90 Acre/7-Lot(5 Commercial, 1 Residential, 1 Park.
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A PRELIMINARY PLAT FOR EAGLE RIVER
SUBDIVISION FOR EAGLE RIVER LLC
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-14-00
The above-entitled preliminary plat application came before the Eagle City Council for their action on
February 6, 2001. The Eagle City Council having heard and taken oral and written testimony, and having
duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Eagle River LLC, represented by Bill Clark with Clark Development, is requesting a
preliminary plat approval for Eagle River Subdivision. The 90-acre, 7-lot (5-commercial,
I-residential, I-city park) subdivision is located on the southeast corner of State Highway
44 and Eagle Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 12, 2000.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on November 18, 2000. Notice of this public hearing
was mailed to property owners within three-hundred feet (300-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on November 17, 2000. Requests for agencies' reviews were transmitted on
October 2, 2000 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on December 23, 2000. Notice of this public hearing was mailed to property
owners within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on December 20,
2000.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 25, 2000, the Eagle City Council approved a rezone (RZ-2-98) with a
development agreement (including a concept plan) for this site.
E.
COMPANION APPLICATIONS: FPDP-5-00 (Floodplain Development Permit)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial, Mixed C-3-DA (Highway Business District Agricultural
Use, Public/Semi- with development agreement), MU-
Public, & Floodway DA (Mixed Use with development
agreement), & PS-DA
(Public/Semi-Public with
development agreement)
Proposed No Change No Change Mixed-use,
Commercial,
Residential, and Park
North of site Central Business CBD (Central Business District), Commercial
District and CBD-DA (Central Business District
Public/Semi-Public with development agreement), &
MU (Mixed Use)
South of site Residential Two (up to R-2-P (Residential Planned Unit Residential
2-units per acre Development) & RT (Ada County -
maximum) Rural Transitional)
East of site Mixed Use & RT (Ada County - Rural Agriculture &
Floodway Transitional) Residences
West of site Commercial & C-I (Neighborhood Business Commercial
Public/Semi-Public District)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 90-acres
Total Number of Lots - 7
Residential - 1
Commercial - 5
Industrial - 0
Common - 0
Parks - 1
Total Number of Units-
Limited within the development agreement for this site:
75-units maximum within the MU-DA "South" portion of the site (consisting of
24-acres); and
The total multi-family residential units to be developed within the MU-DA
District (inclusive of both "North" and "South" as shown on Exhibit C within the
development agreement) shall not exceed IOO-units in the aggregate.
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A future fe-subdivision of a portion of this site may be necessary to accommodate
the development and sale of the above noted residences.
Increased residential densities may be allowed (as noted within the development
agreement) provided a PUD is applied for and approved by the City.
Total Acreage of Any Out-Parcels - 0
The 2-acre parcel located on the western boundary of this site adjacent to Eagle Road is a
separate parcel and is not a part of this subdivision - per ECC it is not considered an out
parcel.
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre N/A - subject to future re- Limited within the
subdivision development agreement as
noted above
Minimum Lot Size 1.9I-acres 7,000 sq. ft. (MU zone)
1,300 sq. ft. (C-3 zone)
Minimum Lot Width llO-feet (approx.) 50-feet (MU zone)
25-feet (C-3 zone)
Minimum Street Frontage Greater than 35-feet 35-feet for residential zoning
districts
* *
Total Acreage of Common Area
* *
Percent of Site as Common Area
*See comments under "Open Space" below.
1.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 9-3-7(a) requires 20-foot wide landscape strips (minimum) to
screen adjacent incompatible features such as highways, railroads, commercial or
industrial uses from proposed residential properties.
Open Space:
As required within the development agreement a 35-foot wide landscape strip is proposed
to be installed along the north boundary of this site parallel to State Highway 44
(extending eastward from Eagle Road approximately 2,550-feet). At this point the
landscape strip narrows to IO-feet wide (extending to the northeast comer of the site).
Approximately 7 -acres of ponds are proposed.
The Concept Plan (Exhibit A) within the development agreement shows proposed
landscaping within the planter strips, medians, buffer areas, and open spaces. The
landscape development of this site will generally follow this concept plan with specific
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landscaping details to be reviewed and approved by the Design Review Board prior to
City approval of any final plates) and prior to review of individual building pad sites.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance will have to submit street
drainage plans. Specific drainage system plans are to be submitted to the City Engineer
for review and approval prior to the City Engineer signing the final plat. The plans are to
show how swales, or drain piping, will be developed in the drainage easements. Also, the
CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - no
Preservation of Existing Natural Features:
Natural features do exist on the site and the applicant has provided an Environmental
Impact Assessment for the site.
Existing trees on the site shall be retained. Retention will be addressed upon Design
Review.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires
immediate notification to the state.
J.
STREET DESIGN:
Private or Public Streets:
The preliminary plat shows a "looped" public roadway connected to two entrances on
Eagle Road. The site is planned for a tentative third roadway access connecting to State
Highway 44 located approximately 2,550-feet east of Eagle Road. This access is subject
to approval of the Idaho Transportation Department. A required third access to this site
will be provided in the current location of Riverside Drive connecting to State Highway 44
at the intersection of Edgewood Lane.
Cross-section details of the roadway design are shown within the Design Guidelines
section of the development agreement and on Sheet I of 5 on the preliminary plat.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
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Cul-de-sac Design: N/a
Sidewalks:
5-foot wide detached sidewalks (separated from the curb with a 5-foot wide planter strip)
are proposed for the streets within this development.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior streets.
Lighting:
Lighting is proposed along all sidewalks, pathways and streets. The location and
specifications of the lighting shall be provided to the City Zoning Administrator prior to
the City Engineer signing the final plat.
Street Names:
A letter from the Ada County Street Name Committee approving the street names is
required prior to the City Engineer signing the final plat.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian pathways are proposed in various areas throughout the site and are to be
installed as per provisions within the development agreement.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L.
PUBLIC USES PROPOSED:
None provided by the applicant. The Reid Merrill Sf. Community Park is proposed to be
built on Lot 3, Block 4, however, this park is to be constructed by the City.
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES*:
Areas of Critical Environmental Concern - Yes, Boise River Floodplain
Evidence of Erosion - No
Fish Habitat - No
Floodplain - Yes, Entire site is located within the floodplain.
Mature Trees - located only within the wetlands areas
Riparian Vegetation -Yes, Within Corps of Engineers approved delineation of
jurisdictional wetlands.
Steep Slopes - No
Stream/Creek - North Channel of the Boise River
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
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Wildlife Habitat - yes
Historical Sites - No
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An environmental assessment plan has been provided to and reviewed by the City Engineer. A
copy of the environmental assessment plan is on file with the City Engineer.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
City Engineer: All comments within the engineer's letters dated October 6, 2000, and November
7,2000, are of special concern (see attached).
Ada County Highway District
Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Joint School District No.2
Eagle Parks and Pathways Development Committee
Q.
LETTERS FROM THE PUBLIC: None received as of this date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 5 - Economic Development
a.
Implementation Strategies
f.
New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural identity.
g.
Encourage commercial growth adjacent to the Central Business District and
discourage isolated commercial development in outlying areas.
1.
Excessively large single entity businesses that would jeopardize the
competitive business environment should be discouraged.
Chapter 6 - Land Use
a.
Implementation Strategies
f.
Higher density residential development should be located closest to the Central
Business District (CBD) as shown on the Comprehensive Plan Land Use Map.
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1.
Protect gravity flow irrigation systems including canals, laterals and ditches to
assure continued delivery of irrigation water to all land serviced by such systems,
to protect irrigation systems as a long range economical method for water delivery
and to coordinate surface water drainage to be compatible with irrigation systems.
Chapter 7 - Natural Resources and Hazard Areas
a.
Goal
Special concern and attention should be given to the preservation of fish, wildlife, water
resources, air quality, agriculture, open space and recreation-nature areas when
implementing planning and zoning decisions.
Chapter 8 - Transportation
8.3.0
City of Eagle Functional Pathway Classifications
An effective pathway system should include a combination of Paths and Lanes. The City
of Eagle TransportationlPathway Network Maps #1 and #2 illustrates the various
classifications and locations which are included in the pathway system and described as
follows:
8.3.1
Paths
Function:
To provide for recreation and alternative transportation; important to provide safe
continuous thoroughfares with minimal cross flow of vehicular traffic.
Location:
Paths could be located on corridors separate from roadways such as utility easements,
irrigation canals, or adjacent to rivers or creeks. Paths could also be located along
roadway right-of-ways and would usually be separated from vehicle travel lanes and the
paved section of the roadway by a median or sidewalk.
8.3.2
Bike Lanes
Function:
Primarily used as a lane for bicycles and other non-motorized uses.
Location:
Bike Lanes usually exist on the same pavement surface as motorized lanes.
Arterials and collectors should be provided with bike lanes on each side of the
roadway.
a. Objective
8.6
Encourage alternative transportation forms such as walking and biking.
Implementation Strategies
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a.
b.
Work in conjunction with the Ada County Highway District (ACHO), Idaho
Transportation Department (ITD), and Ada Planning Association (APA) to
classify roadways on the City of Eagle TransportationlPathway Network Maps #1
and #2 incorporated into this Comprehensive Plan by reference. The Maps are to
assure conformity to designations as delineated on the Land Use Map. The maps
shall be provided to the Ada Planning Association for input into the Ada Planning
Association's Functional Street Classification Map and Regional Transportation
Plan.
Integrate all modes of travel to support air quality improvement measures.
c.
Encourage roadway design standards that are consistent with the Idaho
Transportation Department (ITD), Ada County Highway District (ACHO), Ada
Planning Association (APA), and other agencies that may be responsible for
roadway planning and design.
d.
Require that safety design systems be integrated into all school sites and
recreation areas, including such items as signalization, sidewalks, pathways, and
alternate traffic patterns for secondary access.
e.
Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway Network
Maps #1 and #2, adopted local and regional pathway plans, as may be needed for
intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is
not unnecessarily pushed out onto arterials and collectors.
Chapter 9 - Parks, Recreation and Open Spaces
9.4.1
9.4.2
a.
b.
c.
d.
9.4.3 Policies
Goals
To create ample areas and facilities for our residents' diverse indoor and outdoor park and
recreational interests.
Objectives
To develop parks and recreational programs which meet the different needs,
interests, and age levels of our residents in both the rural and urban areas.
To plan and design parks for sustain ability and conservation of natural resources.
To provide a system of neighborhood parks where safe and convenient access is
available to residents.
To dedicate and develop areas for parks in new residential developments.
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d. Encourage City to develop working relationships with other
agencies/entities to develop parks and recreational opportunities within the
community.
a. Pathways and Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
9.5.1
Goal
To create a pathway system that provides interconnectivity of schools, neighborhoods,
public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a.
To create a pathway system that reflects desire to have a pedestrian and bicycle
friendly community.
b.
To provide a network of central and neighborhood paths where residents are able
to safely access and utilize pathways for alternative forms of transportation.
a.
All development should provide developed pathways for connection to Eagle's
public pathway system and/or adjoining development's public pathway system.
9.5.3
Implementation Strategies
a.
Create ordinances that require developments to provide improved pathway
systems with links to adjoining pathway systems.
Chapter 12 - Community Design
a.
Goal
Strive to create an aesthetically pleasing community and protect the unique natural beauty
and small town character of the City.
a.
Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents to
Eagle. City entryways include State Highways 44 (State Street and Alternate Route) and
55 (Eagle Road). These entrances with their landscaping (or lack thereof), commercial
signage and building character provide the flTSt, and often times the most lasting
impressions of the entire community. The City of Eagle has the responsibility to guide
development and redevelopment that occurs along these entryway corridors.
a.
Implementation Strategies
f.
Excessively large single entity businesses that would jeopardize the competitive
environment should be discouraged.
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g.
Encourage the preservation of natural resources such as creeks, drainages, steep
slopes and ridge lines as visual amenities.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
ECC Section 8-2A-7 (E)(4)
The minimum acceptable size for deciduous trees shall be three-inch (3") caliper, balled
and burlapped.
.
C.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
ECC Section 9-3-5 (B) - Lots shall conform to the following standards:
Future Arrangements: Where parcels of land are subdivided into unusually large lots (such
as when large lots are approved for septic tanks), the parcels shall be divided, where
feasible, so as to allow for future re-subdividing into smaller parcels. Lot arrangements
shall allow for the ultimate extension of adjacent streets through the middle of wide
blocks. Whenever such future subdividing or lot splitting is contemplated, the plan thereof
shall be approved by the City Council prior to taking of such action.
.
D.
DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ARTICLE III - CONDITIONS ON DEVELOPMENT
3.2.3
3.2.5
3.2.9
The conditions, covenants and restrictions for the property shall contain at least
the following:
(a) An allocation of responsibility for maintenance of all community and
privately owned landscaping and amenities.
(b) A requirement insuring compliance with this Development Agreement.
All development within the Property shall be consistent with the Site Design
Guidelines ("Design Guidelines") attached hereto as Exhibit D and generally
consistent with the Conceptual Plan attached hereto as Exhibit E. The Conceptual
Plan attached hereto describes the general nature and relative location of certain
elements for the Property. The intent of this Agreement is to allow sufficient
flexibility at the time of detailed planning and platting while still maintaining the
general intent of the Conceptual Plan with the requirements set forth in this
Development Agreement.
A public easement for a greenbelt pathway shall be provided. The specific
location and design of the pathway shall be approved by the City Council, not to
be unreasonably withheld, prior to the City Engineer signing the flfSt plat for the
Property.
3.2.10 A minimum of two emergency access points to the Boise River for the use of
repair and rescue equipment and personnel shall be provided at appropriate
intervals along the River. Location shall be as determined in coordination with
the City Pathway Committee, Eagle Fire Department and Flood Control District #
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3.2.11
3.2.12
3.2.15
3.2.17
3.2.20
3.2.23
3.2.24
E.
DISCUSSION:
10 and approved by Eagle.
Provide bus stops as may be recommended by Eagle.
Applicant shall provide an on-site, tree lined landscaped strip along State
Highway 44 and Riverside Drive and a ten (10) foot wide bicycle/pedestrian
pathway within the landscaped strip all as is generally shown and depicted on
Exhibit A attached hereto and incorporated herein. The width of the landscaped
strip in various locations shall be as shown on Exhibit A. The landscaping,
including street trees and pathways, shall be reviewed and approved by the
Design Review Board. The twenty-five (25) foot wide landscape strip along
Riverside Drive as shown on Exhibit A attached hereto, shall include a minimum
three (3) foot high berm with extensive landscaping to provide a buffer.
The development shall incorporate public art, water features, or other features of
interest and pedestrian amenities which encourage pedestrian use (i. e.: outdoor
drinking fountains, benches, tables, etc.
In addition to the minimum parking spaces required by Eagle City Code provide
10 to 12 non-exclusive parking spaces for the sportsman access shown on the
attached concept plan (near hotel). The spaces shall be provided with signage
generally stating, "River Access Parking".
City of Eagle approvals shall be subject to any FEMA requirements regarding
the revised study for the Boise River floodplain currently underway by FEMA.
Development shall provide pedestrianlbicycle public access to the paved
pathway along the Boise River as required in the Eagle Comprehensive Plan.
Apply for a license agreement from ITD and/or ACHD, to allow the right-of-
way between this site and the edge of pavement along State Highway 44 and
Eagle Road to be landscaped and landscape said area if such an agreement is
approved.
The proposed preliminary plat includes seven lots and delineates public road rights-of-way for
the collector streets in the project. These lots, with the exception of the Community Park
parcel, are proposed to be re-subdivided (as the need arises) in the future. Future re-
subdivision(s) of any portion of this site will be required to comply with the recorded Eagle
River Development Agreement and ECC Title 9 "Land Subdivisions".
.
Landscape concept plans are included for the landscape strip parallel to State Highway 44.
Landscape concepts for the planter strips and medians associated with the internal roadways
were approved as part of the design guidelines within the Development Agreement for Eagle
River and are included for reference with this application. Several ponds are shown in their
approximate locations which will serve as both open space/landscape features and as
components of the overall site drainage system. These features are proposed to be shown in
detail on the construction drawings with the final plat application. (See letter from Bill Clark
dated August 17, 2000).
.
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.
Public pathway easements have not been shown on the preliminary plat which addresses the
location of the greenbelt pathways within this development. Also, public easements for
emergency access points to the Boise River should be indicated on the preliminary plat. Staff
recommends that the Commission and Council discuss the location of these items to determine
specific easement placement.
.
The development agreement for this site states in part that bus stops shall be provided as may
be recommended by the City of Eagle. Staff recommends that as part of the review of the
preliminary plat the Commission and Council should discuss the need for bus stop location(s)
within this site. Staff recommends that, at a minimum, one bus stop be located on Eagle Road
at either the north or south entrance. A second bus stop should be required along State
Highway 44, provided a third roadway access is approved by lTD.
.
The development of this site is proposed to be constructed in phases. Specifically, staff
understands that the applicant intends to complete site improvements (i.e. roadways and
landscaping) upon the completion of multiple final plats or "phases". In the past, the City has
allowed construction of these types of improvements (within the interior of a site) on a phased
basis. However, regarding the issue of the construction of the landscape strip and
bicycle/pedestrian pathway abutting State Highway 44 and Riverside Drive, it is the City's
intent to have these "perimeter" buffer areas completed as part of the flTSt phase of
development. In order to maintain consistency of the construction of the landscaping buffers,
while at the same time allowing flexibility for building development, staff recommends that
the perimeter landscape strip and bicycle/pedestrian pathway be completed prior to the
issuance of any occupancy permits for the site.
.
The plant schedule within the conceptual landscape plan for this site (submitted with this
application) calls out the types and sizes of trees to be planted within the buffer areas and
along the internal roadways. This plan does not comply with the requirements of the
development agreement for this site and Eagle City Code specifically regarding proposed tree
sizes. The design guidelines within the development agreement are specific as to variety and
size of trees to be planted along the internal roadways. A detailed landscape plan for this site
(which complies with the development agreement and Eagle City Code) will need to be
reviewed and approved by the Design Review Board prior to City approval of the first final
plat.
.
Section 3.2.20 within the development agreement states, "City of Eagle approvals shall be
subject to any FEMA requirements regarding the revised study for the Boise River floodplain
currently underway by FEMA". This condition indicates that the development of this site is
subject to all requirements of the new FEMA study of Boise River, including but not limited
to flood way and floodplain boundaries.
Note #9 on Sheet 2 of 5 on the preliminary plat states, "Flood way, as shown, is based on the
existing adopted Boise River Floodway as shown in the City of Eagle Flood study dated Oct.
15, 1985 and subsequent LOMARS".
Staff recommends that the Commission and Council request a verbal detailed summary by the
applicant during the public hearings for this item regarding the proposal to develop this site to
the existing flood way boundary and how this boundary will comply with the FEMA re-study
and with the development agreement.
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ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard conditions of
approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 4, 2000, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by one individual concerned with access to his property.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (not including the applicant/representative).
COMMISSION DECISION:
The Commission recommended approval (3 to 0, two absent) ofPP-14-00 for a Preliminary Plat
for Eagle River Subdivision with the site specific conditions of approval and standard conditions
of approval provided within their Findings of Fact and Conclusion of Law document, dated
December 18,2000.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on January 9, 2001, at which
time testimony was taken and the public hearing was continued to February 6, 2001, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by two (2) individuals
with concerns related to retaining access to adjacent properties when this development is approved;
that the berm and landscaping along Riverside Drive be constructed prior to issuance of any building
permits for the development; the irrigation water which was available to adjacent properties prior to
development be made available to the same properties during and after development; the location of
the greenbelt pathway - would like a walking path and bike path to be placed on the levy; would like
the developer to commit to the access to the public early on in the development process; concerns with
the shown residential lots being extended into the floodway.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant or the representatives).
D. Written testimony neither in favor nor in opposition to this proposal was presented to the City Council
by the Eagle Parks and Pathway Development Committee with concerns as outlined in their November
27, 2000, memo and as outlined within their January 10, 2001, meeting minutes as presented to the
City Council on February 6, 2001. Both the memo and the meeting minutes are incorporated into
these findings by reference.
COUNCIL DECISION:
The Council voted 4 to 0 to approve PP-I4-00 for a preliminary plat for Eagle River Subdivision
with the following site specific and standard conditions of approval.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements within the City Engineer's letters dated, October 6,2000, and November
7,2000.
2. Comply with all requirements of the Development Agreement for this site dated, January 25, 2000,
between the City of Eagle and Eagle River LLC, including the following:
a. Future re-subdivision of this property must comply with the limitation on building area, uses, and
number of units as set forth in the Development Agreement, section 3.2.1 through 3.2.4 (note on
final plat)
b. All development within the property shall be consistent with the Development Agreement, the
Memorandum of which is recorded in Ada County as Instrument No. 100011692, including the
Site Design Guidelines, Exhibit D of the Development Agreement (note on final plat)
c. Prior to issuance of any building permits, Eagle River shall provide proof of adequate sewer
services to the subject property. Eagle River must show evidence of sewer hookup by the Eagle
Sewer District prior to issuance of an occupancy permit (note on final plat).
d. All development and improvement of the Eagle River development shall comply with applicable
local, state, and federal regulations, and Title 10, Flood Control Eagle City Code which pertain to
regulated wetlands, floodplain, and flooding areas. The developer shall provide suitable plans to
the City insuring that flood waters will pass in a manner allowing the flood water volume capacity
to function as designed and as required by the above-listed statutes, regulation, and ordinances.
e. Prior to signature by the City Engineer, Eagle River shall obtain approval by the Design review
Board of the following: (1) detailed design of the 35' landscape and pathway strip along State
Highway 44, (2) detailed design of the 28,000 square foot landscape area and pond at the comer of
State Highway 44 and Eagle Road, and (3) street tree and lighting design for the pathways
adjacent to internal roadways included in this plat. Provide an on-site landscape strip to be an
average of 35-feet in width with a lO-foot wide bicycle/pedestrian pathway along State Highway
44 extending eastward from Eagle Road approximately 2,550-feet. Construction of the landscape
strip and pathway shall be completed prior to the issuance of any occupancy permits for the site.
f.
Design review approval must be obtained for architectural and site design of all commercial
buildings prior to issuance of building permits. Site design will include pathway connections
where appropriate.
g. A reciprocal easement shall be executed by the applicant and the City to allow the interconnection
of pond areas on Block 4, Lot 4 and Block 4, Lot 3.
h. The requirement for and approximate location of an alternative access (if the City does not obtain
the Wells property) from the park to the public greenbelt area should be indicated prior to the City
Clerk signing the final plat.
3. Future re-subdivision(s) of any portion of this site shall be required to comply with the recorded Eagle
River Development Agreement and ECC Title 9 "Land Subdivisions".
4. As required within the development agreement, City of Eagle approvals shall be subject to any FEMA
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requirements regarding the revised study for the Boise River floodplain.
5. Provide bus stops at locations as may be recommended by Boise Urban Stages and approved by the
City Council prior to City approval of the flfst final plat. At a minimum, one bus stop shall be located
on Eagle Road at either the north or south entrance. A second bus stop shall be required along State
Highway 44, provided a third roadway access is approved by ITD.
6. Provide a revised preliminary plat, which indicates the routing and piping of the Ballantine Canal and
the New Union Ditch traversing along the southern boundary of Lot 2, Block 2.
7. Provide a revised preliminary plat with a note which generally states that a minimum of two
emergency access points (to be determined as per the Development Agreement) for the use of repair
and rescue equipment and personnel as well as sportsmen's access to the Boise River shall be provided
prior to City approval of the first final plat. Specific easement location shall be indicated on the final
plat or geographically referenced as a note on the final plat, as presented by the applicant on the record
at the February 6, 2001, City Council meeting. The approximate location and requirement for two
emergency access points from the Eagle River development to the Boise River and 10 to 12 non-
exclusive parking spaces for sportsman access must be sited in coordination with Flood District #10,
Eagle Fire Department, Ada County Sheriff s Office, and the developer.
8. The 25-foot wide landscape strip with a 3-foot high berm and lO-foot wide pathway required along
Riverside Drive (as indicated in Section 3.2.12 within the development) shall be installed prior to the
issuance of any building permits for that phase of the development (Lot 2, Block 2).
9. The IO-foot wide landscape strip required along State Highway 44 extending from the easterly end of
the 35-foot wide landscape strip to the northeast comer of the site shall be installed prior to the
issuance of any building permits for that phase of the development (Lot 2, Block 2).
10. A detailed landscape plan for the landscape area adjacent to Eagle Road and State Highway 44 and
public right of way adjacent to Block 1, 2, 3 (which complies with the development agreement and
Eagle City Code) shall be reviewed and approved by the Design Review Board prior to City approval
of the first final plat.
II. Change the zoning designations on Sheet 1 of 5 of the preliminary plat so as to comply with the
zoning designations within the development agreement (MU-DA, C-3-DA, PS-DA).
12. Provide a revised preliminary plat showing all public pathways being located within a public pathway
easement. Specific easement language shall be reviewed and approved by the Zoning Administrator
prior to City approval of the first final plat.
13. Provide a license agreement, approved by lID and/or ACHD, allowing the right-of-way between this
site and the edge of pavement along State Highway 44 and Eagle Road to be landscaped.
14. The park area shown on the preliminary plat shall be the same size as the park area outlined within the
"Exchange Agreement And Joint Closing Instructions" agreement between the City of Eagle and Eagle
River LLc.
15. The developer shall work with Thomas Dater (property owner to the east) and the New Union Ditch
Company~ as this site develops~ to insure that the delivery of irrigation water to said property honors
any legal rights said property possesses, and that the developer will indemnify the City of Eagle from
any legal action by third parties.
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16. The developer shall provide vehicle access to State Highway 44 (at the point where Edgewood Lane
intersects State Highway 44) by dedication Riverside Drive as shown on the preliminary plat.
17. Riverside Drive shall be constructed (asphalt not required at this point) as a construction access
roadway (with berm in place adjacent to the Dater property) prior to issuance of any building permits.
This construction road shall be the primary access for construction traffic for all heavy construction.
Signs shall be posted describing this condition.
18. Riverside Drive shall be constructed to Ada County Highway District standards at the point when
150,000 square feet of building area has been constructed on site (and occupancy permits issued for
building shell(s)).
19. Construct a paved pathway within a 15 foot wide easement along the southern edge of Block 4, Lot 2
and the southwest corner of Block 4, Lot 3 (approximately 103 feet) in the proximity of 6,500 cfs line
which would connect to City owned Block 4, Lot 1.
STANDARD CONDITIONS OF APPROV AL:
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 fmal 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 (1.c. Title 50, Chapter 13 and 1.c. 39-118).
5.
Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.c. 9-20-8.4)
7.
All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8.
Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
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9.
10.
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.
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.
Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R' s shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(I) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13.
The applicant shall 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.
14.
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
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b.
Department.
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.
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 fife area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (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.
The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
c.
d.
15.
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 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 by the Eagle City Attorney prior to the
City Engineer signing the final plat.
16.
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.
17.
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.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19.
Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20.
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".
21.
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.
22.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
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23.
24.
25.
26.
27.
28.
29.
30.
31.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat
by the City Engineer.
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.
Basements in homes in the flood plain are prohibited.
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.
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.
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. - Mod
per 9-4-2-2
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.
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.
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.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 12, 2000.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on November 18, 2000. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on November 17,2000. Requests for agencies'
reviews were transmitted on October 2, 2000 in accordance with the requirements of the Eagle City
Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on December 23,
2000. Notice of this public hearing was mailed to property owners within three-hundred feet (300-
feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on December 20, 2000.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-I4-
00) and based upon the information provided and the conditions placed thereon, concludes, therefore,
that the proposed preliminary plat application is in accordance with the City of Eagle Title 9
(Subdivisions) because:
a. The requested preliminary plat complies with the minimum lot sizes of the approved
zoning designations of C-3-DA (Highway Business District with development
agreement), MU-DA (Mixed Use with development agreement), & PS-DA
(Public/Semi-Public with development agreement); and
b. Will be harmonious with and in accordance with the general objectives of title 9 of the
Eagle City Code since the development is consistent with the Comprehensive Plan and
will provide the required improvements for a subdivision; and
c. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and that such use will not change the essential character of the same area; and
d. Will not create excessive additional requirements at public cost for facilities and
services as the site will be served with septic systems and will use public water to be
served from Eagle Water. Fire protection will be available from the Eagle Fire
District and fITe hydrants will be provided were required; and
e. Will have vehicular approaches to the property designed to not create an interference
with traffic on surrounding public thoroughfares since the project is reviewed and
approved by the Idaho Department of Transportation and the highway district having
jurisdiction and is subject to the conditions therein; and
f.
This development is in continuity with the capital improvement program since the
required public improvements have been installed on site, or are expected to be
installed with the development of individual lots as conditions of approval and is in
accordance with the Development Agreement entered into for this property; and
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g. That based upon agency verification and additional written comments of the Eagle
Fire Department, Idaho Department of Transportation, and the Ada County Highway
District, or as conditioned herein, there is adequate public financial capability to
support the proposed development; and
h. That any health, safety and environmental problems that were brought to the
Commission's and Council's attention appear to have been addressed by the applicant
and/or will be conditions of final plat approval as set forth within the conditions of
approval above.
DATED this 24th day of April 2001.
CITY COUNCil.. OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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