Findings - PZ - 2003 - PP-1-03 - Mixed Use Subd/Re-Sub Of1,2,3,4(Formerly Eagle River Devleopment)/36.5 Acre/29-Lot
I
\.
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A PRELIMINARY PLAT FOR MIXED USE
SUBDIVISION NO.5 FOR EAGLE RIVER LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-I-03
The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission
for their recommendation on March 17, 2003. The Eagle Planning and Zoning Commission 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
preliminary plat approval for Mixed Use Subdivision No.5, a re-subdivision of portions of
Mixed Use Subdivisions 1,2,3 and 4 (formally known as Eagle River Development).
The 36.5-acre, 29-lot (23-commercial, 6-common) subdivision is located on the southeast
corner of Eagle Road and State Highway 44.
B.
APPLICATION SUBMITTAL:
The appiication for this item was received by the City of Eagle on January 16,2003,
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 February 25, 2003. 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 February 25, 2003. Requests for agencies' reviews were transmitted on January
21, 2003, in accordance with the requirements of the Eagle City Code.
D.
HIS TOR Y 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.
On April 24, 2001, the Eagle City Council approved a preliminary plat, Mixed Use
Subdivision No.1 (PP-14-00) for this site,
On May 8, 2001, the Eagle City Council approved a final plat, Mixed Use Subdivision
No.1 (FP-13-0l) for this site.
On November 7,2001, the Eagle City Council approved a combined preliminary and final
plat, Mixed Use Subdivision No, 2 (PP/FP-l-Ol) for this site.
On July 9, 2002, the Eagle City Council approved a combined preliminary and final plat,
Mixed Use Subdivision No.3 (PP/FP-3-02) for this site.
Page 1 of 18
K:\Planning Dept\Eagle Applications\SUBS\2003\Mixed Use Sub #5 pp pzf.doc
On December 17, 2002, the Eagle City Council approved a combined preliminary and
final plat, Mixed Use Subdivision No.4 (PP/FP-4-02) for this site.
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Commercial & Mixed C-3-DA (Highway Business District A hotel and two office
Use with development agreement) & buildings are currently
MU-DA (Mixed Use with under construction,
development agreement) other lots are vacant
Proposed No Change No Change Mixed-use,
Commercial,
North of site Commercial & Mixed C-3-DA (Highway Business District Mixed Use and
Use with development agreement) & Commercial
MU-DA (Mixed Use with
development agreement)
South of site Floodway & R-2-P (Residential Planned Unit Boise River &
Residential Two (up to Development) & RUT (Ada County Residential
2-units per acre - Rural Urban Transition)
maximum)
East of site Mixed Use & MU-DA (Mixed Use with City Park, Agriculture
Floodway development agreement& RUT & Residences
(Ada County - Rural Urban
Transition)
West of site Commercial & C-l (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 - 36.5-acres
Total Number of Lots - 29
Commercial - 23
Industrial - 0
Common - 6
Total Number of Units - 0
Total Acreage of Any Out-Parcels - 0 - See discussion in Section E under Staff Analysis
Page 2 of 18
K:\Planning Dept\Eagle Applications\SUBS\2003\Mixed Use Sub #5 pp pzf.doc
ADDITIONAL SITE DATA PROPOSED REQ UIRED
Dwelling Units Per Gross Acre N/A - No dwellings proposed Limited within the
development agreement
Minimum Lot Size 0.33-acres (14,361 square feet) 7,000 sq, ft. (MU zone)
1,300 sq. ft. (C-3 zone)
Minimum Lot Width 63-feet (approx.) 50-feet (MU zone)
25-feet (C-3 zone)
Minimum Street Frontage O-feet O-feet for commercial zoning
districts
* *
Total Acreage of Common Area
* *
Percent of Site as Common Area
*See comments under "Open Space" below.
1.
GENERAL SITE DESIGN PEA TURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 9-3- 7(a) requires a 20-foot wide landscape strip 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 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 10-feet wide (extending to the northeast corner of the site).
Approximately 7 -acres of ponds are proposed within the Eagle River Development.
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
landscaping details to be reviewed and approved by the Design Review Board prior to
City approval of any final plat(s) and prior to review of individual building pad sites.
Storm Drainage and Flood Control:
Storm drainage and flood control plans were previously submitted and approved by the
City Engineer. Lots are required to be graded so that all runoff runs either over the curb,
or to the existing drainage easements, 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 l2-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
Page 3 of 18
K:\Planning Dept\Eagle Applications\SUBS\2003\Mixed Use Sub #5 pp pzf.doc
On-site Septic System (yes or no) - not allowed
Preservation of Existing Natural Features:
Natural features do exist on the site and the applicant has provided an Environmental
Impact Assessment for the site which was previously reviewed with the preliminary plat
application Mixed Use Subdivision No, 1 (PP-14-00).
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: Public
No new streets, street widening, or dedication of right-of-way to the Ada County Highway
District is proposed with this application. Interior streets within this subdivision have
been constructed subsequent to the approval of Mixed Use Subdivision No.1 (Eagle
River).
A proposed connection to State Highway 44, located approximately 280-feet east of East
Shore Drive on the north side of East Riverside Drive, is currently on hold pending
requested approvals from the Idaho Transportation Department for access to the highway.
The preliminary plat delineates this proposed roadway as Lot 13, Block 3, which is a non-
buildable lot preserved for future dedication as a public roadway if the desired connection
to State Highway 44 is approved.
As a condition of approval for Mixed Use Subdivision No.4, right-of-way is required to
be dedicated for a public roadway to provide access to parcels located within Lot 8, Block
4, of Mixed Use Subdivision No.2 which was previously proposed to be developed with
single-family residential, as shown on Exhibit A (attached) included within the
development agreement for this site. As of this date, the City does not have
documentation that the right-of-way has been dedicated nor is a public right-of-way
delineated on the preliminary plat. See Section "E" under Staff Analysis for further
discussion.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: N/a
Sidewalks:
The five-foot (5') wide detached sidewalks (separated from the curb with a 5-foot wide
planter strip) adjacent to the public streets within this development were previously
approved with Mixed Use Subdivision No.1. Five-foot (5') wide sidewalks abutting
Page 4 of 18
K:\Planning Dept\Eagle Applications\SUBS\2003\Mixed Use Sub #5 pp pzf.doc
interior roadways are required with this application.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, have been
constructed abutting the interior streets and will be required for any additional roadways to
be constructed.
Lighting:
Street lights have been installed and additional lighting is proposed along all sidewalks,
pathways and streets remaining to be constructed. 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:
The applicant has not proposed any new streets with this application. All new public
streets are required to have Street name approval by the Ada County Street Name
Committee prior to final plat approval.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian pathways are proposed in various areas throughout the site and are to be
installed pursuant to the provisions within the development agreement and conditions of
approval for Mixed Use Subdivision No,!.
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:
Easements for one emergency access point to the Boise River and 10 to 12 non-exclusive
parking spaces for sportsman access to the Boise River were provided as separate
easement documents recorded simultaneously with the final plat for Mixed Use
Subdivision No.2.
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
Note: all floodplain and flood way concerns were addressed by the applicant as a part of
the Eagle River Preliminary Plat application, the Mixed Use Subdivision No. I final plat
application, and associated floodplain development permit application.
Evidence of Erosion - No
Fish Habitat - No
Floodplain - Yes, entire site is located within the Boise River floodplain (see comments under
Areas of Critical Environmental Concern above).
Page 5 of 18
K:\Planning Dept\Eagle Applications\SUBS\2003\Mixed Use Sub #5 pp pzf.doc
Mature Trees - within the wetland areas
Riparian Vegetation - within the Corps of Engineers approved delineation of
jurisdictional wetlands.
Steep Slopes - No
Stream/Creek - North Channel of Boise River
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - yes
Historical Sites - No
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
An environmental assessment plan has been reviewed and approved by the City Engineer
as a part of Eagle River Preliminary Plat application and Mixed Use Subdivision No.1
Final Plat application. 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:
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Sewer District
Idaho Power
Q.
LETTERS FROM THE PUBLIC:
Letter from Bowcutt Planning Services, 1100 East Valli-Hi Lane. Eagle, ID 83616,
addressed to ACHD, date stamped by the City on February 19,2003.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
Chapter 5 - Economic Development
5.5
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.
Page 6 of 18
K:\Planning Dept\Eagle Applications\SUBS\2003\Mixed Use Sub #5 pp pzf.doc
Chapter 7 - Natural Resources and Hazard Areas
7.9
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
8.3,1
8.3.2
8.5
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:
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.
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.
Objective
Encourage alternative transportation forms such as walking and biking.
Chapter 9 - Parks, Recreation and Open Spaces
9.4.1
Goals
To create ample areas and facilities for our residents' diverse indoor and outdoor park and
recreational interests.
Page 7 of 18
K:\Planning Dept\Eagle Applications\SUBS\2003\Mixed Use Sub #5 pp pzf.doc
9.4,2
9.4.3
9.5
9.5.1
9.5.2
9.5.3
Objectives
a.
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.
b.
To plan and design parks for sustainability and conservation of natural
resources.
c.
To provide a system of neighborhood parks where safe and convenient access
is available to residents.
d.
To dedicate and develop areas for parks in new residential developments.
Policies
d.
Encourage City to develop working relationships with other
agencies/entities to develop parks and recreational opportunities within the
community.
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.
Goal
To create a pathway system that provides interconnectivity of schools, neighborhoods,
public buildings, businesses, and parks and special sites,
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.
e.
All development should provide developed pathways for connection to Eagle's
public pathway system and/or adjoining development's public pathway system.
Implementation Strategies
a.
Create ordinances that require developments to provide improved pathway
systems with links to adjoining pathway systems.
Chapter 12 - Community Design
12.2
Goal
Strive to create an aesthetically pleasing community and protect the unique natural beauty
Page 8 of 18
K:\Planning Dept\Eagle Applications\SUBS\2003\Mixed Use Sub #5 pp pzf.doc
and small town character of the City.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
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 WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
.
ARTICLE III - CONDITIONS ON DEVELOPMENT
3.2.5
3.2.9
3.2.10
3.2.11
3.2.14
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 first plat for the
Property.
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 #
10 and approved by Eagle.
Provide bus stops as may be recommended by Eagle.
The site shall be designed to allow for a public roadway connecting this site to
State Highway 44 at a point approximately one-half (1/2) mile east of Eagle Road
as shown on Exhibit E attached hereto. The City shall take the lead in a joint
request with the applicant to obtain ITD approval of the roadway (with traffic
signal when warranted) connecting to State Highway 44. If approved by ITD, the
roadway south of State Highway 44 shall be constructed by the applicant upon
development of properties abutting the roadway or sooner if required by ACHD.
Page 9 of 18
K:\Planning Dept\Eagle Applications\SUBS\2003\Mixed Use Sub #5 pp pzf.doc
E.
No other ingress or egress shall be permitted to connect to State Highway 44
abutting this site excluding the connection via Riverside Drive.
3.2.15
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,)
3.2.17
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".
3.2.20
City of Eagle approvals shall be subject to any FEMA requirements regarding
the revised study for the Boise River floodplain currently underway by FEMA.
3.2.23
Development shall provide pedestrian/bicycle public access to the paved
pathway along the Boise River as required in the Eagle Comprehensive Plan.
DISCUSSION:
.
This phase five preliminary plat of the Eagle River Development proposes to subdivide the
remaining parcels of land which have been created due to the previous re-platting of Mixed
Use Subdivision No.1; essentially a succession of land divisions from large to small.
.
With the approval of Mixed Use Subdivisions No.3 and 4, the applicant proposed to develop
a portion of Lot 8, Block 4, with eight commercial lots (abutting East Shore Drive) separated
by a strip of land to provide access to the large parcel of land south of these commercial lots.
With the approval of Mixed Use No.4, the strip ofland was required to be dedicated as a
public roadway to access the southern portion of Lot 8, Block 4, prior to the re-subdivision of
said lot. As noted within the Ada County Highway District (ACHD) staff report (page 5), the
dedication of the right-of-way may occur via the recordation of a final plat or though the
execution of a warranty deed. Because the aforementioned options are standard methods for
the dedication of right-of-way, and since the dedication of the right-of-way is a condition of
approval required by ACHD, staff believes that the previous required condition of right-of-
way dedication (prior to re-subdivision) will be satisfied upon the recordation of a final plat for
Mixed Use Subdivision No.5, which should be delineated on the final plat.
.
Lot 8, Block 4, of Mixed Use Subdivision No.2 previously was proposed to be developed
with single-family residential, as shown on Exhibit A (attached) included within the
development agreement for this site. As it is stated in Article 3.2.5 of the development
agreement for this site, the site is allowed to develop in a manner that provides sufficient
flexibility to vary uses while still maintaining the general intent of the concept plan. The
applicant has subsequently proposed to construct commercial lots in lieu of the conceptual
residential lots, replacing a potential 75 single family dwelling lots with 17 commercial lots.
The applicant has submitted a vehicle and pedestrian circulation plan to provide an indication
of the final developed product.
In addition, the applicant intends to construct a pond to the south of Lots 17-21, Block 4, (this
area is to be platted as Lot 16, Block 4) to provide both an amenity as well as to provide
additional flood holding capacity to satisfy Eagle City Code Title 10 Flood Control measures.
Page 10 of 18
K:\Planning Dept\Eagle Applications\SUBS\2003\Mixed Use Sub #5 pp pzf.doc
As a result of this change, a modified Flood Plain Development Permit application will be
required to be submitted to the City for review and approval by the City Engineer and the
City's Flood Plain Coordinator.
.
As a condition of the development agreement for this site, the applicant was required to
provide two emergency access points to the Boise River, one of which was to serve
additionally as a sportsman's access. The sportsman's access easement and associated parking
was provided through a separate easement document rather than delineated on the final plat.
The second required access is proposed to traverse through Lot 16, Block 4, from the proposed
southern edge of Lots 17-21, Block 4, to the southern edge of the development, adjacent to the
Boise River, (see conceptual master plan date stamped by the City on March 13,2003). As
noted within Article 3.2.10 of the development agreement, the specific location of the
easement is to be determined in coordination with the City Pathway Committee, Eagle Fire
Department, Ada County Sheriff's Department and Flood Control District # 10 and approved
by Eagle. Because of the uncertainty as to the exact location and dimensions of the proposed
additional pond (see previous discussion bullet) as well as the required coordination of the
aforementioned parties, the applicant should provide a recorded emergency access easement to
the Boise River prior to City approval of the final plat.
.
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".
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 March
17, 2003, 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 two (2) individuals with concerns regarding the desire for a stub street access to the property to the
south (Wells/Olsen property) of the Eagle River Development.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (not including the applicant/representative).
D. Written testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by one (1) individual in the form of a copied letter addressed to the Ada County Highway
District appealing said District not requiring a stub street to the Wells/Olson property, and referencing
a generalized history and timeline of occurrences on the property,
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of PP-l-03 for a preliminary plat for Mixed
Use Subdivision No.5 with the following staff recommended site specific conditions of approval
and standard conditions of approval with text shown with underline to be added by the
Commission and text shown with strike through to be deleted by the Commission:
Page 11 of 18
K:\Planning Dept\Eagle Applications\SUBS\2003\Mixed Use Sub #5 pp pzf.doc
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions noted in the March 14,2003, letter from the City Engineer.
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.
3. Comply with all conditions of PP-14-00 (Eagle River Subdivision) and Mixed Use Subdivision Nos. 2
and 3 (PP/FP-I-Ol & PP-5-02/FP-I4-02).
4. 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".
5. Place a note on the final plat which identifies all the common lots by Lot and Block designation, and
which states that all common lots are to be owned and maintained by Eagle River LLC, or an
association of the property owners of the Eagle River development.
6. The applicant shall submit an al"plicatioFl amendment to the previously approved fet:--a floodplain
development permit (FPDP-5-00) which addresses the addition of the pond in Lot 16, Block 4, and the
replacement of the conceptual residential lots with the proposed commercial building sites. The
applicatioFl for amendment to the floodplain development permit shall be submitted for review and
approval by the City Engineer and the City's Flood Plain Coordinator, prior to City approval of the
final plat.
7. The applicant shall provide a copy of the recorded emergency access easement to be located within Lot
16, Block 4, and subject to the review of the City Pathway Committee, Eagle Fire Department, Ada
County Sheriff s Department and Flood Control District # 10, prior to City approval of the final plat.
8. The applicant shall comply with the Ada County Highway District staff report dated February 5, 2003,
and specifically the requirement to dedicate right-of-way for a public road over the area shown as Lot
27, Block 4, of the preliminary plat (Mixed Use Subdivision No.5) date stamped by the City on
January 16,2003. The right-of-way shall be dedicated via a warranty deed or the recordation of a final
plat, or as required by ACHD, and delineated on the final plat.
9, As conditioned within DR-67-0I, a temporary lO-foot wide pathway shall be provided from the
terminus of the lO-foot wide asphalt pathway along State Highway 44 to the 5-foot wide concrete
sidewalk along Eagle River Drive (in the location of the proposed roadway connection to State
Highway 44). The temporary lO-foot wide pathway shall be constructed of a compacted road mix that
will withstand weather and pedestrian and bicycle traffic and completed prior to the City approving a
final plat.
10. Provide bus stops at locations as may be recommended by Boise Urban Stages and approved by the
City Council prior to the City Clerk signing this 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 lTD.
11. Place a note on the final plat which states "All Lots shall provide reciprocal cross-access for vehicular
and pedestrian ingress and egress to the public right-of-ways and to the utility easements as delineated
or noted on this plat".
Page 12 of 18
K:\Planning Dept\Eagle Applications\SUBS\2003\Mixed Use Sub #5 pp pzf.doc
12. The final plat shall delineate all physical utility services to have a minimum 12-foot (12') wide utility
easement centered on the respective utility service,
13. 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.
14. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
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 (Lc. Title 50, Chapter 13 and Lc. 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-l-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
Page 13 of 18
K:\Planning Dept\Eagle Applications\SUBS\2003\Mixed Use Sub #5 pp pzf.doc
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11.
No ditch, pipe or other structure or canal. for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13.
The applicant shall 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
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 fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
b.
c.
Page 14 of 18
K:\Planning Dept\Eagle Applications\SUBS\2003\Mixed Use Sub #5 pp pzf.doc
d.
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.
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 and approved 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 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 Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
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.
23,
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corp of Engineers prior to approval of the final plat by
the City Engineer.
Page 15 of 18
K:\Planning Dept\Eagle Applications\SUBS\2003\Mixed Use Sub #5 pp pzf.doc
24.
25.
26.
27.
28.
29.
30.
31.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corp 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.
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.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on January 16,2003.
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
Page 16 of 18
K:\Planning Dept\Eagle Applications\SUBS\2003\Mixed Use Sub #5 pp pzf.doc
ordinances on February 25, 2003. 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 February 25, 2003. Requests for agencies' reviews
were transmitted on January 21, 2003, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-l-03) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the approved zoning designation of C-3-DA
(Highway Business District with development agreement) & MU-DA (Mixed Use with
development agreement).
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 provides 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 since the previously approved
development agreement for this site provides guidance in the development of the property, and
allows flexibility in the types of uses constructed within the site; and
d. Will not create excessive additional requirements at public cost for facilities and services as
the site will be served with central sewer from the Eagle Sewer District and will use public
water to be served from Eagle Water Company. Fire protection will be available from the
Eagle Fire District and fire hydrants have been or will be provided where 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 required to be reviewed and
approved the Ada County Highway District and is subject to the conditions herein;
f.
This development is in continuity with the capital improvement program since the required
public improvements have been constructed as required and conditioned herein, or are
expected to be installed with the development of individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle Fire
Department 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
attention have been adequately addressed by the applicant or will be conditions of the
preliminary plat and subsequent final plat approval as set forth within the conditions of
approval above.
4. The Commission reviewed the particular facts and circumstances regarding a requested access through
the Eagle River Development and determined that the extension of a stub street to the Wells/Olsen
northern property boundary was not warranted because:
While Eagle City Code Section 9-3-2-1 (C) requires that stub streets be extended to adjoining areas
Page 17 of 18
K:\Planning Dept\Eagle Applications\SUBS\2003\Mixed Use Sub #5 pp pzf.doc
that have not been subdivided, Eagle City Code Section 9-1-5 states that where the regulations for
subdivisions are at variance with other laws, the more restrictive law shall apply. As stated in Eagle
City Code Section 10-1-8-5 (D) (1), encroachments including fill and new construction are prohibited
within the flood way (unless it can be demonstrated that the encroachments will not result in an
increase in flood levels during the occurrence of a base flood). The provision of extending a public
stub street through the floodway to a parcel wholly within the floodway (and as such un-developable)
and of which has had no historical grant of access is not a benefit to the public interest. The significant
costs that may be incurred by extending public facilities (public roadway, sewer) through a floodway
to serve one parcel provides an advantage to that parcel at public expense which is not an advantage
available to other parcels in similar situations.
DATED this 14th day of April 2003.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
c~~
Steve De -;;.~ Ch;i;;';-a~ -
ATTEST:
"~I """"'"
,t.'" OF B """
~,~~"..~ O< ~'..
f v/"O~?OR.< ~..! \
:.(1 ~\ 'i
. . . .
:-*. -.- ..-
, : :
" .... r. p ^ 1~. -
" ..1"(' " ',."\ "J::- . ¡
,. .^ . f) <) '.. 0 ..
~""~.,. ,.,<'.". :>
~"" )~"'""~"
--, -1 ¡' '<, ,.', ~ ...."
#" F r ,-; \')' .."
###1 . 'J" . ~~~~
"HUll""
~ D-- í.<A-c 0 b ~ 9C+L
"-Sharon K. Moore, Eagle City lerk
Page 18 of 18
K:\Planning Dept\Eagle Applications\SUBS\2003\Mixed Use Sub #5 pp pzf,doc