Findings - CC - 2019 - RZ-07-18/CU-03-18/PPUD-02-18/PP-06-18 - Molinari Park Subdivision (Post Reconsideration) - Rezone With A Da, Conditional Use Permit, Preliminary Development Plan, And Preliminary PlatBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A REZONE; WITH A DEVELOPMENT
AGREEMENT, CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN, AND
PRELIMINARY PLAT FOR MOLINARI PARK
SUBDIVISION FOR EAGLE 26, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-07-18/CU-03-18IPPUD-02-18IPP-06-18
The above -entitled rezone with a development agreement, conditional use permit, preliminary development
plan, and preliminary plat applications came before the Eagle City Council for their consideration on
November 27, 2018, at which time public testimony was taken. During deliberation the City Council
identified concerns with the applications that would need to be addressed (identified in the subsequent staff
memorandum, dated February 21, 2019, on page 1 and incorporated herein by reference) prior to a
decision. The City Council remanded the application to staff to provide the applicant the opportunity to
bring back the requested information. The applicant provided the requested information, date stamped by
the City on February 14, 2019. The applications and new information came before the City Council for
their action on February 26, 2019, at which time public testimony was taken and the public hearing was
closed. The City Council, having heard and taken oral and written testimony, and having duly considered
the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Eagle 26, LLC, represented by John King with Pivot North Architecture, is requesting a rezone
from CBD (Central Business District) to CBD -DA -P (Central Business District with a
development agreement — PUD), conditional use permit (including a height exception),
preliminary development plan, and preliminary plat approvals for Molinari Park Subdivision, a
117 -lot, 342 -unit (91 -townhome, 3-comrnerciallresidential [consisting of 248 -units], 6 -
commercial, 17 -common [inclusive of 3 -private streets]) mixed use planned unit development. The
24.6 -acre site is located on the south side of East Plaza Drive approximately 300 -feet east of the
intersection of South 2nd Street and East Plaza Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) from 6:00 PM to 8:00 PM,
on Monday, March 19, 2018, in compliance with the application submittal requirement of Eagle
City Code. The applications for this item were received by the City of Eagle on May 31, 2018. A
revised preliminary development plan and conditional use permit application for a planned unit
development and a revised preliminary plat application were provided on June 18, 2018. A revised
preliminary plat/preliminary development plan was provided on September 11, 2018. A revised
narrative and revised preliminary development plan and conditional use permit application for
planned unit development and a revised preliminary plat application were provided on September
18, 2018. A revised preliminary plat/preliminary development plan was provided on October 9,
2018.
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C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on September 1, 2018. Notice of this public hearing was mailed to property owners
within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on August 29, 2018. Requests for
agencies' reviews were transmitted on June 5, 2018 in accordance with the requirements of the
Eagle City Code. The site was posted in accordance with the Eagle City Code on September 6,
2018.
Notice of Public Hearing on the applications for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
November 9, 2018. Notice of this public hearing was mailed to property owners within three -
hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on November 6, 2018. The site was posted in
accordance with the Eagle City Code on November 16, 2018.
Notice of a second Public Hearing on the applications for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
February 9, 2019. Notice of this second 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 7, 2019. The site was posted in
accordance with the Eagle City Code on February 15, 2019.
D. HISTORY OF REVELANT PREVIOUS ACTIONS: None.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G
H
.
COMP PLAN ZONING
DESIGNATION DESIGNATION
Existing Downtown CBD (Central Business
District)
Proposed No Change CBD. -DA -P (Central
Business District with a
development agreement —
PUD)
North of site Downtown CBD (Central Business
District)
South of site
Commercial and
Mixed Use
C -3 -DA (Highway
Business District with a
development agreement)
and MU -DA (Mixed Use
with a development
agreement)
East of site Downtown MU (Mixed Use)
West of site Downtown
CBD and CBD -DA
(Central Business District
and Central Business
District with a
development agreement)
LAND USE
Vacant parcels
Mixed use development
including commercial, retail,
single-family attached
townhomes, and multi-
family residential
Paddy Row Subdivision
(residential), mobile home
parks, and a storage facility
SH -44 and Eagle River
Development
Commercial subdivision
(Merrill Subdivisions No. 2
and No. 4
Senior living facility and
office building (Lot 1, Block
1, Forum Subdivision)
DESIGN REVIEW OVERLAY DISTRICT:
The subject site is located within the Community Entry Development Area (CEDA).
SIlE DATA:
Total Acreage of Site — 24.6 -acres
Total Number of Lots — 117
Total Number of Units - 342
Residential — 91
Commercial — 6
Mixed Use — 3
Common — 17
Single-family — 0
Duplex — 0
Multi -family (inclusive of townhomes) — 342
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Total Acreage of Any Out -Parcels — 0
Additional Site Data
Dwelling Units Per Gross Acre
Minimum Lot Size
Proposed Required
17.03 -dwelling units per acre
1,613 -square feet
Minimum Lot Width 23 -feet
Minimum Street Frontage 21 -feet
Total Acreage of Common Area 4.9acres*
Open Space
Percent of Site as Common Area 24.6%*
Open Space
17.03 -dwelling units per
acre (as limited within the
development agreement)
500 -square feet
(minimum)
25 -feet (minimum)
0 -feet
4.02 -acres (minimum)
20%
Except that, according to
ECC Section 9-3-8 (C) the
City may require
additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 50 or
more lots.
* Inclusive of the landscaped planter strips.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat/development plan, date stamped by the City on September 11, 2018, shows a
50 -foot wide buffer area located between the residential area and State Highway 44. The western
half of the landscaped area will contain a 10 -foot wide pathway area located adjacent to the state
highway. At the midpoint of residential area, the 10 -foot wide pathway will extend into the
commercial area to East Plaza Drive then extending east to North Palmetto Avenue where it will
extend south to State Highway 44 making a connection to the existing pathway located adjacent to
the state highway.
Open Space:
A total of 4.9 -acres of open space (exclusive of the carports with green [landscaped] roofs) is
proposed within the development. The open space consists of a public gathering place located
adjacent to East Plaza Drive and in proximity to the retail uses. This area will consist of a sculpture
plaza, retail plaza, and a grassy berm area. The townhome areas have open space areas which will
include a sensory garden, playground and linear park. The townhome and apartments areas also
have open space areas consisting of pathways to provide interconnectivity throughout the
development.
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Storm Drainage and Flood Control:
Staff advised that 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 will be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) — No
Preservation of Existing Natural Features:
The site contains mature trees located adjacent to the Ballentyne Canal and in alignment with East
Cedar Ridge Street. Preservation of mature trees will be in accordance with applicable provisions
of the City Code.
Preservation of Existing Historical Assets:
Staff has indicated that it is not aware of any existing historical assets on the site. If any historical
artifacts are discovered during excavation or development of the site, state law requires immediate
notification to the state.
J. STREET DESIGN: The staff report dated November 19, 2018 contained road section dimensions
for Private and Public streets and are incorporated as if fully set forth herein.
Applicant's Justification for Private Streets:
The applicant submitted a justification letter, date stamped by the City on September 25, 2018
(attached to the staff report dated November 19, 2018 and is incorporated as if herein by reference)
providing reasons that private streets were needed for reasons such as: this is infill development
with only one public street stubbed to it; the private street meet or exceed fire department
emergency access; and the configuration of the private street are made in a way that discourages
public use.
Blocks Less Than 500':
Cul-de-sac Design: None
Sidewalks will be constructed in accordance with the Typical Road Sections identified above in
Item "J" Street Design.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required. The Applicant stated that the location and
lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City
Zoning Administrator prior to the submittal of the final plat. Any modifications made to the
lighting shall be completed before the final plat approval.
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Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND Orr -Sri h PEDES i KIANBICYCLE CIRCULATION:
Pedestrian Walkways:
The development contains pathways throughout the residential areas with sidewalks located
adjacent to the streets. The preliminary plat, date stamped by the City on September 11, 2018, also
shows a 10 -foot wide pathway located adjacent to State Highway 44 from the western property
line then turning northward in alignment with the east side of Private Road "E".
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:
The applicant is proposing a 33,794 -square foot public park located within Lot 72C, Block 2. The
applicant is also proposing a 10 -foot wide public pathway located adjacent to the state highway
between the west property line and the central private drive area. The paved pathway will continue
north adjacent to the private drive continuing through the mixed use area and providing a
connection to East Plaza Drive. The paved pathway is being designed to accommodate a future
pedestrian bike under/overpass that will provide access to a pedestrian pathway located on the
opposite side of the state highway.
M. PUBLIC USES SHOWN ON F'LJTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes — centrally located within the site
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — unknown
Wildlife Habitat — unknown
O. SUMMARY OF REVIhW OF ENVIRONMENTAL ASSESSMENT PLAN at, REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated August 8, 2018 are of special
concern (attached to the staff report).
Ken Acuff, City Water Supervisor, email correspondence dated June 5, 2018 (attached to the staff
report).
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Ada County Highway District
Andeavor
Ballentyne Ditch Company
Boise River Flood Control District #10
Central District Health Department
COMPASS (Communities in Motion 2040 Development Review)
Department of Environmental Quality
Eagle Fire Department
Sawtooth Law Offices (Drainage District #2)
Q. LETTERS FROM THE PUBLIC (attached to the Planning and Zoning Commission's action
memo, dated November 19, 2018):
Correspondence received from Phil Carney, date stamped by the City on October 1, 2018
Email correspondence received from Ginny Bayuk, dated October 31, 2018
Email correspondence received from Sarah Sleger, dated October 31, 2018
Email correspondence received from Karen Miller, dated October 31, 2018
Email correspondence received from Trina Rajsich, dated November 1, 2018
Email correspondence received from Lauri Moorman, dated November 2, 2018
R. PROPOSED TIME SCHEDULE FOR THS DEVELOPMENT OF THS Si'l'E:
The applicant provided a potential phasing plan, date stamped by the City on September 20, 2018.
The phasing plan shows the development will be constructed in four (4) phases with the first phase
starting in the spring of 2019 and the fourth phase starting in the spring/summer of 2020.
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non -PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
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9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
For a request of up to 10% of the gross land area to be directed to uses other than residential
(i.e.; commercial, industrial, public and quasi public uses that are not allowed in the land use
district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
THE CITY COUNCIL RECEVIED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
Downtown
Suitable primarily for development that accommodates and encourages further expansion and
renewal in the downtown core. A variety of business, public, quasi -public, cultural, ancillary
residential and other related uses are encouraged. The greatest possible concentration of retail
sales and business is to occur in this land use designation. Pedestrian friendly uses and
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developments are encouraged. Residential only development should be discouraged. Land within
this district is the only place to utilize the CBD zoning designation. Other zones within
Downtown Eagle may include Mixed Use, Residential, Commercial and Professional Office.
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls. This designation includes the
Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development
including natural vegetation and restoration, regional trails and connectivity.
6.17.1 Downtown Eagle Goals
B. Make downtown easy to get to for all modes of transportation and all generations -
seek to expand and develop an interconnected street and pathway system.
C. Maintain Downtown Eagle as the heart of the community, the cultural center of the
City, with cohesive and complimentary architecture, planned and meaningful open
spaces, pedestrian friendly streetscapes, ample parking.
6.17.2 Downtown Eagle General Objectives
A. Ensure that development in downtown Eagle is designed to enhance the following:
2.
Walkability: Create a pedestrian oriented city center that is interconnected and
compact in size with a variety of uses that encourage citizens to park once and
walk between destinations.
6. Infill Development: Encourage high density and intensity development to locate in
Downtown Eagle creating a more vibrant center. Encourage and promote
residential uses in and within walking distance of Downtown Eagle enabling a
more efficient use of the existing infrastructure investment and resources while
offsetting the high cost of land and creating a more convenient place to live and
work.
d. Take advantage of the existing infrastructure (sewer, water, and roads) to
increase the intensity of downtown (employment and housing) while
designing a unique pedestrian environment (wide sidewalks, cafe seating,
trees, and public art) within and adjacent to the existing rights of way.
f. Promote the use of parking structures, rear/alley loaded parking, and on -street
parking to discourage large surface lots within Downtown Eagle. Incorporate
pedestrian, bicycle, vehicle, and public transit into the transportation plan for
the downtown.
J. Establish a system of streets, pathways and open space networks that strengthen
connections into and through Downtown Eagle.
U. Streets in the Plaza Area should include the following elements (See Figure 6.20):
Tenant Zone: A businesses front yard, an area for merchandise displays, cafe seating,
and tenant identification.
Walkable Zone: An unfettered area for the express purpose of pedestrian movements
through the area.
Furnishing Zone: An area for pedestrian amenities including streetlights, benches,
bike racks, and public art.
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Buffer Zone: An area that provides separation between pedestrian uses and vehicles.
May include landscaping, street trees, or stamped/decorative concrete.
Figure 6.20: Required Elements of Downtown Streetscapes
IF UaR,NIS4#t"M*:,c':::CC:f!: -:
1114 4_rr K gra:;): : i
V. Plaza Area should be designed to emphasize the use of first floor retail and public
gathering spaces (plazas, fountains, and cafe seating) to draw people on to the
sidewalks and outdoor areas. (See Figure 6.20) The Plaza Area should be designed to
focus on the pedestrian experience by creating outdoor rooms and spaces that increase
access and visibility to businesses in the area.
Z. All uses within downtown Eagle should be designed with pedestrian movement as a
priority. Establish a system of sidewalks, trails, pathways, and green spaces that allow
residents and visitors to move easily through the area while limiting pedestrian/auto
conflicts.
BB.Attached sidewalks should be encouraged in areas where retail and commercial is
located on the first floor.
DD. Land uses along State Street, to the north and east of the Plaza Area should be
designed with uses, a building scale, and functions similar to Winding Creek and the
Rocky Mountain Business Park. These areas should include: Shared/joint parking and
access, Rear and side located parking to avoid parking areas along State Street, Land
uses should include mixed use office and medium density residential (live/work units,
bungalow courts, row houses, and condominiums).
HH. Encourage innovative designs that complement the setting in which a building is
being placed as opposed to strict adherence to a specific architectural style.
JJ. Specific design elements should include bulb outs at intersection crossings and the
integration of pedestrian amenities such as benches, trees, planters, and public art.
6.17.4 Plaza Planning Area
The Plaza Planning Area while immediately east and south of the Olde Towne, will have
characteristics that are distinct from but compatible with that of Olde Towne. The Plaza
Planning Area will provide supporting residential, retail, and employment uses that are
critical to the vitality and evolving functions of Downtown and together with Olde Towne,
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form the Downtown core of the city.
The southern portion of the Plaza Planning Area, unlike other portions of Downtown
Eagle, is largely under -developed with large unplatted single -ownerships with high
visibility to State Highway 44. Land uses in the northern portion of the planning area is a
mixture of manufactured homes, apartments, older highway oriented commercial (before
the bypass construction), and newer office development. The development of this area will
Include two very different purposes.
Map 6.24: Plaza Planning Area
f
City of Eagle
Plaza Planing
•
STATt
1
The vision for the Plaza Area is to create a Transit Ready Development (TRD). A TRD is
similar to a Transit Oriented Development (TOD) except a TRD recognizes the need to
establish transit supporting land use patterns before transit can be provided (See Figure
6.29). The City has spent a significant amount of time working with the Regional Transit
Authority, COMPASS, and neighboring jurisdictions to establish policies for the creation
of a regional transit route along State Highway 44 and have included this area as potential
transit node in the future. The directives and design guidelines from the State Street TOD
Study should be reviewed for inclusion in the codes and guidelines for the Plaza Area.
A. Develop the Plaza Planning area as a TRD neighborhood including the following
design features: Street facilities for walking and biking; high-density development
within a 10 -minute walk radius of the transit ready development center; street
connectivity and traffic calming features to control vehicle traffic speeds; mixed-use
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16,
development that includes schools, retail uses, shopping, and various housing types;
and Parking management to reduce the land devoted to parking.
B. The Plaza Area should capitalize on the growing demographic and lifestyle trends
favoring a preference for urban amenities and downtown centers to capture a larger
share of regional investment. The Plaza Area should promote:
• A variety of compact housing options for a range of income levels;
• A range of entertainment and retail/restaurant offerings in an amenity -rich
pedestrian environment;
• The establishment of a new civic/employment district within walking distance of
downtown housing and Olde Towne Eagle;
• The expansion of culture, arts, and educational opportunities; and
• Better connections within and to the downtown, including access and
improvements to State Highway 44, expanding the street grid, and enhancement
of the public transit service and facilities.
Figure 6.29: Transit Ready Development Connection to SH -44 and Greenspace
C.
Land uses within the Plaza Area should include residential, office, commercial/retail,
and entertainment. Unlike the other portions of the Downtown, the Plaza Area has
the potential to be master -planned to allow for the purposeful and intentional
integration of uses that cannot be achieved in other portions of the Downtown. These
uses include: Hotels, Entertainment venues, Convention Centers, and Limited/Light
Manufacturing/Production.
D. Plaza Area land uses should be as broad as possible but should focus on providing a
mixture of uses (office, residential, commercial) on each block and in each building.
(See Figure 6.30)
E. Employment uses beyond retail/service commercial within the Plaza Planning Area
could include: Call centers, Research and development, Professional Services,
Business Centers, Small Business Incubators.
F. Fill the Plaza Area with residential uses that provide an active audience for local
businesses, restaurants, entertainment, and services thereby giving them a reason to
remain open into the evening so residents and citizens will have a unique social
experience that cannot be found in other parts of the City and region.
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Figure 6.30: Plaza Land Uses
General Guide to Plaza Land Use Mixture
High Density
Reside
3+ Units per acre
•
MediumfHigh
D erg ty Residenli
8-12 Units per acre
allat 411111116 4101111. OHM
Meduni Density
ReSidenbal
4-8 Units per acre
Low Density
Residential
3-4 Units per acre
..::..:.....
\ !,;..\.,:.,;,.,,,!,1":,,, ,k:',‘•W ;., i".
\• ', • \\ :
. ‘;S,.:V.S,,, ,,.\ '. ,,., a, ,,,, ,t
\\ General
Commerci
Neighborh
Retail & Services
0,000-60,000 S3
1
bow a
1
Mixec!
E
3-4 Stories j I
i i i 41111116 ONO N i i i i i i ! i
Local
S u pport!B outique
Up to 5,1300 Sq ft.
Niche Market
Low Density
Office
Stories
The highlighted uses above represent the combined usesthat are appropriate in the Plaza Area.
Specific applicability will be dependent uponthe mixture of uses identified in the subareatext of this plan,
The partial inclusion of a land use indicates a limited potential/opportunity forthat land use in the area.
S. Encourage innovative responses and designs that complement the setting in which it is
being placed opposed to strict architectural adherence to a specific architectural style.
U. Promote the use of parking structures, rear/alley loaded parking, and on -street parking
to discourage large surface lots within the Plaza Area.
W. Housing options should include bungalow courts, row houses, live work units,
multifamily, and lofts/condominiums in vertical mixed-use structures. (See Figure
6.31)
BB . A11 residential uses in the Plaza Planning Area should be self -parked but utilize
shared/joint parking agreements with non-residential/employment uses. Structured
parking is encouraged.
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1
Figure 6.31: Housing Styles in Plaza Planning Area
Figure Pz7--Hous
q Options Opticms in Plaza:
Bungalow Court:
2 store free sta t diug residents a1 units with limited side
aid lea- setbacks, . A1nnitsfront onto acommon green/
garden area, 18111 cumonlyutilsae shzed parking lot
or on -Areetparking,no garages.
Row House:
2-3 stay single family homes with aero or very limited side
setbacks. Building have varied Welts with n arrowlot
widths (15-22 feet) and pang at the rear in a garage or
on the first 13Dor.
2-3 stag building with multiple lien g units within a sin -
gle building, resign leaturesmayindude separate en-
triess interior courtyards, and vying architectural de-
tails throughout.
%% ///ii,�// Mse
Lh e,/ urk:
3 story building, resident owned commercial ne the first
floor with listing aboe. W1ll custoenarilyhare .ser.ice
entries in the back.
3-5 story kgs with residential abose retail and of-
fice uses on lower fio€rs. These buildings with have a
prominent first ftocc with large windows and include
building undulations with varied front setbacks that cre-
ate patios, plans , and pedestrian amenities.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL
• Eagle City Code, Section 8-1-2: Rules and Definitions:
APARTMENT: A room or suite of rooms in a multiple -family structure which is arranged,
designed or used as a single housekeeping unit and has complete kitchen facilities permanently
installed.
DWELLING, MULTI -FAMILY: A dwelling consisting of three (3) or more dwelling units
including townhouses and condominiums with varying arrangements of entrances and party
walls. Multi -family housing may include public housing.
EASEMENT: Authorization by a property owner for the use by another, and for a specified
purpose, of any designated part of his property.
• Eagle City Code Section 8-2-1: Schedule of District Use Regulations:
Apartments and Multi -family dwellings are allowed by Conditional Use within the CBD
(Central Business District) zoning designation.
• Eagle City Code Section 8-2A-6: Design Requirements, Objectives, and Considerations:
A. General Objectives And Considerations: The following apply to the entire Design Review
Overlay District including the DDA, TDA, CEDA, and DSDA. Additional requirements
for the DDA, TDA, CEDA, and DSDA are set forth in subsections C through G of this
section and, to the extent there is a conflict with this section, the requirements for the
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DDA, TDA, CEDA, and DSDA shall control. The following, including the provisions set
forth in the Eagle Architecture and Site Design Book, contains a listing of objectives
applied to each application, and a listing of matters which shall be considered by the
Design Review Board. The objectives are separated into two (2) sections: site design and
building design. Specific aspects of design should be examined to determine whether the
proposed development will provide a desirable environment for its occupants as well as
for its neighbors, and whether, aesthetically, the composition, materials, textures and
colors meet the intent of this article. The design review board shall consider the following
criteria in reviewing the application:
1. Site Design Objectives: The site plan design shall minimize impact of traffic on
adjacent streets, provide for the pedestrian, and provide appropriate, safe parking lot
design.
a. The functional relationship of the structures and the site in relation to its
surroundings;
c. The site layout with respect to separation or integration of vehicular, pedestrian
and bicycle traffic patterns;
d. The arrangement and adequacy of off street parking facilities relative to access
points, building location and total site development to prevent traffic conflict or
congestion;
k. The protection of views and vistas in relation to urban design and aesthetic
considerations; and
1. The provision of safe pedestrian and bicycle connections between neighborhoods
and commercial areas.
6. Building Design:
a. Building Mass: The mass of the building shall be reviewed for its relationship with
existing development in the immediate surrounding area and with the allowed use
proposed by the applicant;
b. Proportion Of Building: The height to width relationship of new structures shall be
compatible and consistent with the architectural character of the area and
proposed use;
c. Relationship Of Openings In The Buildings: Openings in the building shall provide
interest through the use of such features as balconies, bays, porches, covered
entries, overhead structures, awnings, changes in building facade and roofline
alignment, to provide shadow relief. Avoid monotonous flat planes;
d. Relationship Of Exterior Materials: The design review board shall determine the
appropriateness of materials as they relate to building mass, shadow relief, and
existing area development. Use of color to provide blending of materials with the
surrounding area and building use, and the functional appropriateness of the
proposed building design as it relates to the proposed use shall be considered; and
e. Allowed Architectural Styles: The architecture styles provided in the EASD book
are approved examples for applicants to follow when designing for Eagle
architecture.
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E. Community Entry Development Area: CEDA shown on exhibit A-1 within the EASD
book.
1. Purpose: To provide a sense of entry into the city and transition development into the
central business district in support of the comprehensive plan.
2. Architectural Character:
a. Height: Height of buildings is restricted to a maximum height of thirty five feet
(35').
3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements
set forth below conflict with section 8-2-4 of this chapter, the setback requirements
below shall control.
a. Front building setbacks from the property line shall be twenty feet (20') minimum.
b. Side building setbacks shall be ten feet (10') minimum.
c. Front and street side setbacks shall be for pedestrian amenities and the city
encourages joint efforts between adjoining property owners. Suggested amenities
include: public art, landscape treatment, seating, flowers/shrubs/all tree displays in
movable planters, outdoor dining, plazas, streetscape extension and bike racks.
d. Lot coverage by the footprint of the structure shall be a minimum of twenty percent
(20%) and a maximum of eighty five percent (85%) in which case off site parking
shall be provided for.
• Eagle City Code Section 8-2A-7: (J) Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to
physically separate and visually screen adjacent land uses which are not fully compatible
due to differing facilities, activities, or different intensities of use, such as townhouses and
a convenience store, or a high volume roadway and residential dwellings.
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi -family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy,
potentially dangerous, high speed roads. The "buffer area" shall be defined as a common
lot located between the residential lots within the subdivision and the right of way line of
the adjacent roadway. This buffer is required as part of the common area open space
owned and maintained by a homeowners' association. Any landscaping proposed to be
within the public right of way shall not be included as a part of the buffer area required
below. The height for berming/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway (measured at the centerline) to the top
of the proposed berming/fencing. The required buffer area width, plantings, and fencing
are as follows:
c. Any road designated as a principal arterial on the transportation and pathway network
plan in the Eagle comprehensive plan:
A minimum of seventy five feet (75') wide buffer area (not including right of way)
shall be provided with the following plants per one hundred (100) linear feet of right
of way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental
trees, and twenty four (24) shrubs. Each required shade tree may be substituted with
two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of
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the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If
a decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall is to be provided, in combination with the berm, a four foot (4') wide flat area
shall be provided for the placement of the decorative wall. Chainlink, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations for the
CBD (Mixed Use) zone:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Sq. Width I*
Ft.) G And
H*
CBD 35' 0' 0' 0' 0' 92% 500 25'
• Eagle City Code Section 8-4-5: Schedule of Parking Requirements:
Apartments
or multi-
family
dwellings
For each unit with 2 or more bedrooms - 2 including 1 covered; for each 1
bedroom or studio unit - 1.5 including 1 covered. 0.25 spaces per unit shall
be provided for guest parking. Adjacent on street parking spaces on a local
street may be credited toward the guest parking requirement
Personal improvement
Personal services
Restaurants, dining
rooms, taverns,
nightclubs, etc.
ter_ \� - - _ �� �� `-\- _\
\ \� - +\ -�` ter` .-:\ �\ �\
:�-`- '�\,\ �� ate` _ ��'\ � cam' �� �_\�\ ��.`:_�.�. \\� � + ��`++ \:�:: ..���� +'- -. -`'• + �\��� �_ . ��-�� _. � �\� \`.\.�`:�\ �
1 per 250 square feet of gross floor area
1 per 250 square feet of gross floor area
1 per 150 square feet of gross floor area; plus 1 per 35 square feet
dance floor
Retail not
=1per
250 feet in the DDATDA 1
listed under aper 500 square feetof
floor area shallberequired fany
,\
1 d in the minimum
inc udereparkinghall be
_andn st etsclassificatlon suchuseouse
requirement
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• Eagle City Code, Section 8-7-3-3: Public Sites and Open Spaces:
B. Natural Features: Existing natural features which add value to residential development and
enhance the attractiveness of the community (such as trees, watercourses, historic spots
and similar irreplaceable assets) shall be preserved in the design of the development.
C. Special Developments: In the case of planned unit developments and large scale
developments, the council may require sufficient park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
development.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-3-2-5: Private Streets:
Private streets may be permitted, in the discretion of the council, subject to the following:
A. Compliance: Private streets may provide access to no more than ten percent (10%) of the
lots within a planned unit development provided the council determines that the private
streets are in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings such
that private streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking.
3. The private streets shall provide adequate access for service and emergency vehicles.
4. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel
layout.
6. Other than to provide emergency access, the private streets do not connect one public
street to another, thereby encouraging travel through the development served by the
private street.
7. The use or alignment of the private streets does not interfere with the continuity of
public streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets, including provisions for the funding thereof.
B. Construction And Design Standards: Private streets shall conform to the following
construction and design requirements:
1. All private street construction shall be in accordance with Ada County Highway
District's structural standards for streets including base course and asphaltic concrete
mat thickness utilizing the appropriate traffic index or as may be recommended by the
city engineer and approved by the city council, and shall further be in accordance with
Ada County Highway District's intersection design and drainage requirements, or as
may be recommended by the city engineer and approved by the city council.
2. Except as may be otherwise set forth in this section, private streets shall meet such
design and dimensional requirements as the council may determine are appropriate
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considering the proposed use and the site upon which the private streets are to be
placed, however, all private streets shall contain paved travel lanes a minimum of
twelve feet (12') in width (except as noted herein) and shall otherwise provide for the
safe, convenient, and effective movement of both vehicular and pedestrian traffic.
Vertical curbing shall be provided for streets that are less than thirty four feet (34') in
total width.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including, but
not limited to, designated parking and "no parking" areas, speed, stop, and such other
signs as are required for safe pedestrian and vehicle travel.
5. All private streets shall, during the progress of construction, be inspected and tested, at
the expense of the owner or developer, by a qualified inspector in order to ensure
compliance with the construction and design standards set forth in this section, the
construction drawings as prepared by the registered professional engineer, and good
engineering and construction practices. Reports of such inspections and tests shall be
submitted, together with a certification of such compliance, for the review and
approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public
right of way, or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G
of this chapter and subject to the approval of the Eagle fire district and city
engineer and provided further that proper maintenance of the island is provided
for
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle
fire district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer, and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared
by a licensed professional engineer in the state in substantial conformance with
engineering and design standards in effect at the time of preparation of the design.
Construction drawings, together with a certification of such conformity, shall be
submitted for the review and approval by the city engineer. No part of this section
shall be construed as allowing a private street that is not in conformance with current
engineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more
restrictive standard shall prevail, unless specifically determined otherwise by the city
council.
C. Access And Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost estimate
therefor prepared by a licensed professional engineer in the state, together with a
proposed method for funding the same, including, but not limited to, the creation and
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maintenance of a reserve fund for that purpose, shall be submitted with the final plat
application for review and approval by the city engineer and city council.
2. The location of the private street shall be clearly depicted on the face of the plat and
notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private
street the perpetual right of ingress and egress over the described private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street cannot be
modified and the homeowners'/property owners' association or other entity cannot
be dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be recorded
at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private street in accordance with the
approved plan as provided for in subsection C 1 of this section. Said restrictive
covenant shall also provide that the said covenant shall run with the land and that the
said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the city.
The said restrictive covenant shall be reviewed and approved by the city attorney prior
to certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private street approved in accordance
with the provisions of this section to undertake such repair and maintenance activities
as it may determine is necessary to protect the public health, safety, or welfare and
make such expenditures from the funds reserved therefor as may be required thereby;
and the owner or responsible entity shall, as a condition of approval of any such
private street, be deemed to have agreed to comply with any such order and to
reimburse the city all of its costs, including attorney fees, incurred in obtaining or
enforcing any such order. Any order entered by the council pursuant to this subsection
may be enforced by a court of competent jurisdiction and the city shall be entitled to
recover its costs and attorney fees incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all
applicable components of the comprehensive plan.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines. Total easement width shall not be less than twelve feet (12'), except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of
the planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
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• Eagle City Code Section 9-3-8: Public Sites and Open Spaces:
Public sites and open spaces shall conform to the following standards:
C. Special Development: In the case of planned unit developments and large scale developments,
the city council may require sufficient public and/or private park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
development.
• Eagle City Code Section 9-4-1-6: PedestrianfBicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum eight feet (8') wide and shall be
located within a sixteen foot (16') wide pedestrian access easement, however, in an
area where low volume pedestrian traffic is anticipated, the council may consider a
reduction in pathway width to six feet (6'). Regional pathways such as the Boise River
greenbelt and pathways located adjacent to major roadways shall be a minimum ten
feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access
easement.
3. A five foot (5') wide landscaped arealbuilding and fence setback, as measured from
both edges of the paved path, shall be required, and will be owned by either the
abutting property owner(s) or a homeowners' association unless accepted by a public
entity. The five foot (5') wide landscaped area on either side of the pathway may be
decreased to a minimum of two feet (2') wide (as measured from the edge of asphalt to
the easement line) when used in conjunction with a meandering pathway, however,
the total width of the landscape area shall not be less than ten feet (10') (i.e., 2 feet on
one side of the path and 8 feet on the other). For safety purposes, planting material in
this area is limited to three feet (3') in height. The landscape, fence and building
regulations for this area shall be indicated by a note on the plat.
F. Sidewalk Design:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or
at the building setback line, is over one hundred feet (100'), sidewalks on only one
side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County highway district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of
curb by a minimum eight foot (8') wide landscape strip. The landscape strip shall be
completed with sod, automatic irrigation, and planted with three inch (3") minimum
caliper shade class trees along all streets within the subdivision. Installation of
landscaping shall be in accordance with section 8-2A-7 of this code. The area within
the eight foot (8') wide landscape strip may be counted toward the minimum required
common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line.
Minor variations to the location of a tree may be considered by the design review
board during the review of the subdivision landscape plan.
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5. If sidewalk is required on one side of each street only (as provided for in subsection Fi
of this section), then the trees on the side of the street with no sidewalk shall be placed
within five feet (5') of the edge of roadway.
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required.
• Eagle City Code Section 9-4-1-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be required for
the protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats
shall show the location of all buffer areas.
D. DISCUSSION (based on the preliminary plat/preliminary development plan, date stamped by the
City on September 11, 2018):
• The applicant's narrative, date stamped by the City on September 18, 2018, indicates they are
requesting the following allowances for the project: 1) private roads, 2) reduction of lot width,
3) reduction of setbacks, 4) exemption of multi -story setbacks, 5) a height exception(s) from
35 -feet to 65 -feet, 6) reduction of height and width of the required principal arterial buffer,
and 7) reduction of the parking requirement.
Request #1
The preliminary plat/preliminary development plan contains 9 -typical road sections associated
with the private roads, alleys, and access drives. The preliminary plat/preliminary development
plan shows 6 -typical private road sections will be constructed with an asphalt concrete
pavement section per ACHD standards. The preliminary plat/preliminary development plan
identifies that Typical Alley "A" and "B" Section, Typical Access Drive/Private Road "B"
(26 -foot clear), and Typical Private Road "C" Section (20 -foot clear) will be constructed with
an asphalt concrete pavement section, however, it does not reference that those sections will be
constructed to an ACRD standard. The applicant should be required to provide a revised
preliminary plat/preliminary development plan showing all typical road sections to be
constructed with an asphalt concrete pavement section per ACHD standards. The revised
preliminary plat/preliminary development plan should be provided prior to submittal of final
development plan and final plat applications.
The preliminary plat/preliminary development plan shows the typical private road section for
Private Road "C" with a 21 -foot street section (measured from back -of -curb to back -of -curb)
with no landscape strip or sidewalk located on either side of the street. Pursuant to Eagle City
Code Section 9-3-2-5(B)(2), all private streets shall contain paved travel lanes a minimum of
12 -feet in width. As shown the travel area would be 20 -feet in width (measured from front -of -
curb to front -of -curb) with two 10 -foot wide travel lanes. Also, pursuant to Eagle City Code
Section 9-3-2-5(B)(3), sidewalks are required in accordance with Eagle City Code Section 9-
4-1-6(F). The applicant should be required to provide a revised preliminary plat/preliminary
development plan showing the typical private road section for Private Road "C" with a
minimum 24 -foot wide travel lane (two 12 -foot wide travel lanes) and sidewalks in accordance
with Eagle City Code Section 9-4-1-6(F). The revised preliminary plat/preliminary
development plan should be provided prior to submittal of final development plan/final plat
applications.
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The preliminary plat/preliminary development plan shows Typical Private Road Section "C"
(20 -foot clear) extending from the area in proximity to the western property line approximately
1,100 -feet east connecting to the private road providing access to East Plaza Drive. As
previously referenced, Section "C" does not have sidewalks to allow pedestrian movement.
The referenced private street contains 16-townhomes (driveways), an apartment building, and
two (2) parking lots located adjacent to the street.
The residential townhome area located within Block 1 of the subdivision is identified to be
served by an "Access Drive". The Typical Access Drive/Private Road "B" (26 -foot clear)
street section shows a 26 -foot wide travel area (measured from back -of -curb to back -of -curb)
with vertical curbing with reverse slope gutters located on each side of the street. The
townhome area located south of this area shows the area to be served by Private Road "B". It
should be noted that addressing for Block 1 would be based from East Cedar Ridge Drive and
not the internal access drives. In the event of an emergency, this may pose a problem. The
applicant should provide a revised preliminary plat/preliminary development plan showing the
townhome area located within Block 1 of the subdivision served by the Private Road "B"
street section. The revised preliminary plat/preliminary development plan should be provided
prior to submittal of final development plan and final plat applications.
Request #2
The applicant is requesting a reduction of the minimum lot width from 25 -feet to 23 -feet. The
minimum lot width within the CBD (Central Business District) is 25 -feet. The lots associated
with the request are the townhome lots which are associated with single-family attached units.
The townhome product is similar to the Row House product identified above (Figure 6.31:
Housing Styles in Plaza Planning Area) which allows for lot widths of 15-22 feet. Based on its
similarity the Council is supportive of the requested lot width reduction to a minimum of 23 -
feet in width.
Requests #3 and #4
The property is located within the Community Entry Design Area (CEDA) overlay area as
identified in the Eagle Site and Design Book. The applicant is requesting a relief of setback
requirements in the CEDA for the townhome product. Pursuant to Eagle City Code Section 8-
2A -6(E)(3), the required setbacks within the CEDA overlay area are as follows:
Front 20 -feet (minimum)
Side 10 -feet (minimum)
Lot Coverage: Minimum 20% and a Maximum of 85% (in which case off site parking
shall be provided)
The CEDA setbacks are designed for commercial uses to allow sufficient room for tenant,
walkable, and furnishing zones between the street and the commercial business.
The applicant's narrative, date stamped by the City on September 18, 2018, indicated the
applicant is requesting the following setbacks for the townhome product:
Front 7 -feet
Rear 5 -feet, 6 -inches
Interior Side 0 -feet
Exterior Side 5 -feet
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The preliminary plat/preliminary development plan contains a legend indicating the proposed
townhome setbacks are as follows:
Front
Lots 1-15, Block 1
Lots 17-19 & 21-23, Block 1
Lots 24-32, Block 1
Lots 33-35, Block 1
Lots 2-11, Block 2
Lots 45-47, Block 2
Lots 15-18 & 20-23, Block 2
Lots 26-33 & 35-43, Block 2
Lots 49-56, Block 2
Lots 58-62, Block 2
Lots 64-70, Block 2
Rear (at access drives/alleys)
Lots 25-33, Block 1
Lots 2-11, Block 2
All Other Lots
9 -feet (+/- 11 -feet to sidewalk)
7 -feet
10.5 -feet (+/- 10 -feet to sidewalk)
8 -feet (+/- 7.5 -feet to sidewalk)
10.5 -feet (+/- 10 -feet to sidewalk)
8 -feet (+/- 7.5 -feet to sidewalk)
7 -feet (+/- 7.5 -feet to sidewalk)
7 -feet
16.5 -feet (+/- 7.5 -feet to sidewalk)
7 -feet
7 -feet
5.5 -feet (+/- 6 -feet to curb)
5.5 -feet +/- 6 -feet to curb)
7.5 -feet (+/- 8 -feet to curb)
Interior Side 0 -feet
Exterior Side 5 -feet
The applicant did not address maximum lot coverage for the townhome units. The maximum
lot coverage within the CEDA overlay area is 85%. The preliminary plat/preliminary
development plan site layout shows several of the townhome and apartment units located
within 10 -feet of adjacent structures. Pursuant to Eagle City Code Section 8-6-5-5(C)(6) the
minimum building separation for multi-family/attached units is 20 -feet. The proposed
apartment setbacks should also be in conformance with the required townhome setbacks.
To address the above differentiation in setbacks proposed by the applicant in relation to the
setbacks required within Eagle City Code and the setbacks required within the CEDA overlay
district, the following setbacks, minimum building separation, and maximum lot coverage
should be required for the townhomes and apartments:
Front
Lots 1-15, Block 1 9 -feet (+/- 11 -feet to sidewalk)
Lots 17-19 & 21-23, Block 1 7 -feet
Lots 15-18 & 20-23, Block 2
Lots 26-33 & 35-43, Block 2
Lots 58-62, Block 2
Lots 64-70, Block 2
Lots 24-32, Block 1
Lots 2-11, Block 2
Lots 33-35, Block 1
Lots 45-47, Block 2
Lots 49-56, Block 2
10.5 -feet (+/- 10 -feet to sidewalk)
8 -feet (+/- 7.5 -feet to sidewalk)
16.5 -feet (+/- 7.5 -feet to sidewalk)
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Rear (at access drives/alleys)
Lots 25-33, Block 1
Lots 2-11, Block 2
All Other Lots
Interior Side
Exterior Side
Minimum Building Separation
Maximum Lot Coverage
5.5 -feet (+/- 6 -feet to curb)
7.5 -feet (+/- 8 -feet to curb)
0 -feet
5 -feet (No additional setback for multi -story
structures)
20 -feet
85%
All remaining setbacks shall be in conformance with Eagle City Code Section 8 -2A -6(E)(3).
Request #5
The applicant is requesting the following height exceptions:
• Townhome lots: 38 -feet (3 -stories)
• Multi -family lot: 65 -feet (5 -stories)
• Mixed Use lot: 45 -feet (3 -stories)
• Commercial lot: 52 -feet (4 -stories)
The Downtown Plan contained within the Land Use chapter of the comprehensive plan
addresses housing options allowed within the Plaza Planning Area. The housing options are as
follows: 1) Bungalow Court (2 -story free standing), 2) Row House (2-3 story single-family, lot
width 15-22 feet), 3) Multi -Family (2-3 story), 4) Live/Work (3 -story), and 5) Mixed Use (3-5
story, residential above retail and office). The applicant is proposing the townhome product
with 3 -story structures. The townhome product is similar to the Row House product identified
in the comprehensive plan; therefore, the City Council is in support of the requested height
exception of 38 -feet.
The applicant is proposing the townhome structures to be 2-3 story structures. The townhome
product is similar to the Row House product identified above (Figure 6.31: Housing Styles in
Plaza Planning Area) which allows for 2-3 story single-family structures. Therefore the City
Council is supportive of the requested height exception of 38 -feet for the townhouse product.
The applicant is proposing 5 -story structures for the multi -family (apartment) units. As
previously referenced multi -family structures within the Plaza Planning Area should be 2-3
stories in height. Pursuant to Eagle City Code Section 8 -2A -6(A)(6), Building Design, the
mass of buildings shall be reviewed for its relationship with existing development in the
immediate surrounding area and with the allowed uses proposed by the applicant. Also, the
height to width relationship of new structures should be compatible and consistent with the
architectural character of the area and the proposed use. Although a 4 -story hotel was
approved with a 60 -foot height exception located across State Highway 44 from the subject
property, there have been no other height exceptions approved in the immediate vicinity and
only one structure located adjacent to the site exceeds 2 -stories (Eagle Manor, 3 -story
structure). Based on the policies within the comprehensive plan referencing the height of the
multi -family structures, the height should be a maximum of 2-3 stories for the multi -family
structures and the height should not exceed 39 -feet.
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The applicant is proposing the structures located within the mixed use area which will include
the retail uses with residential above to be 3 -stories in height. The mixed use structures are
similar to the Mixed Use product identified above therefore the City Council is supportive of
the requested height exception of 45 -feet for the mixed use structures.
The applicant is requesting a height exception to 52 -feet for the commercial structures located
within the eastern portion of the site. The General Guide to Plaza Land Use Mixture (Figure
6.30: Plaza Land Uses) contained with the downtown chapter of the comprehensive plan
shows that High Density Employment with structures 4-6 stories in height is partially included
within the allowed uses. The areas which are shown to be partially within the mixed use
mixture chart may have limited potentiallopportunity for this area. Based on the mixture of
uses within the subject site, the City Council is supportive of the requested height exception of
52 -feet for the commercial area.
Request #6
The applicant is requesting a reduction of height and width of the required principal arterial
buffer located adjacent to State Highway 44. The applicant's request is to reduce the height of
the berm from a minimum 10 -foot, maximum of 12 -foot high berm or decorative wall to a 5 -
foot high berm, decorative sound attenuating site walls, and additional landscaping beyond
what is required. The applicant is requesting to reduce the buffer from 75 -feet to 50 -feet in
width. The applicant has not provided any justification for the request for the reduction,
however, it is staff's understanding based on the letters received from COMPASS and ACRD
1'1'D will be constructing a continuous flow intersection (CFI) at the intersection of State
Highway 44 and Eagle Road. The construction of the CFI will require dedication of additional
right-of-way from the subject site; therefore, reducing the area of the property for
development. The City Council is supportive of the applicant's request provided the berm area
is extensively landscaped to strengthen the burreing effect. The landscaping located on the
buffer berm contained within the 50 -foot wide buffer area located adjacent to State Highway
44 should be commensurate with landscaping requirements pursuant to Eagle City Code
Section 8-2A-7(J)(4)(b). The landscape plan should be reviewed and approved by the Design
Review Board and City Council prior to submittal of final development plan and final plat
applications.
Request #7
The applicant is requesting a reduction of the required parking for one (1) bedroom and studio
units located within the multi -family apartments from 1.5 spaces per unit to one 1 -space per
units. The applicant is also requesting a reduction of the required parking for the units
containing two (2) or more to 1.8 -parking spaces per unit. Pursuant to Eagle City Code Section
8-4-5, for each one (1) bedroom or studio unit, 1.5 -parking spaces are required (inclusive on 1 -
covered) and for each unit with two (2) or more bedrooms 2 -parking spaces are required
(inclusive of 1 -covered). Also, 0.25 spaces per unit are required for guest parking. Adjacent on
street parking spaces on a local street may be credited toward the guest parking requirement.
The ratio of parking required is 1.75 -parking spaces (inclusive of guest parking) for one (1)
bedroom units and 2.25 -parking spaces (inclusive of guest parking) for units containing two
(2) or more bedrooms.
The area containing the apartments and the dwelling units located above the commercial uses
include a total of 248 -dwelling units (149 -two and three-bedroom units, 99 -one bedroom and
studio units). The applicant provided a parking ratio clarificationlbreakdown, date stamped by
the City on September 18, 2018, which indicates the applicant is proposing a total of 386 -
parking spaces to serve these two areas. Based on the applicant's reduction request, a total of
368 -parking spaces would be required. The parking analysis below provides a comparison
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between the applicant's proposed parking and the number of spaces required pursuant to Eagle
City Code Section 8-4-5:
Use
1 -Bedroom
2-3 Bedroom
Townhomes
Commercial
On -Street
Parking
(Residential)
Units or
Square
Feet
PARKING ANALYSIS
Eagle City
Code
Required
Parking
99 -units 1.75 parking
spaces/unit
(inclusive of
1 -covered)*
149- 2.25 parking
units spaces/unit
(inclusive of
1 -covered)*
94 -units 2 parking
spaces
(inclusive of
1 -covered)*
7,000- 1 parking
square space/200-
feet square feet
TOTAL 342 -
RESIDENTIAL units
PARKING
Eagle City
Code
Required
Parking
Spaces
174
(99 -covered)
336
(149 -covered)
212
(94 -covered)
35
7s7
(248 -covered)
*Includes guest parking (0.25 -parking space/unit)
Applicant's
Proposed
Parking
Ratio
1.00 parking
spaces/unit
1.80 parking
spaces/unit
2.00
covered
parking
spaces/unit
Applicant's
Parking
Spaces
Provided
99
237
253
35 (on -street)
53
642
(185 -covered)
The two (2) townhome areas contain 253 -parking spaces (inclusive of the 2 -car garage). The
apartment area contains 336 off-street parking spaces. The total off-street parking spaces
provided for the residential area is 589 -parking spaces. The total on -street parking spaces
provided is 98 -parking spaces. The mixed use area will contain three (3) buildings with a total
of 7,000 -square feet of space. The mixed use area will contain a mix of restaurants, retail, and
commercial uses. Pursuant to Eagle City Code Section 8-4-5 the required parking for the
aforementioned uses will vary from 1-space/150 square feet to 1-space/250 square feet. Based
on an average of 1-space/200 square feet for parking, the mixed use area will require 35 -
parking spaces. This will leave 53 additional parking spaces to be utilized for the residential
area for a total of 642 -parking spaces. Based on 342 -dwelling units, the unit to parking space
ratio is 1.87 -parking spaces/unit. Based on these additional spaces and the mixture and
connected nature of the uses the City Council supports the requested parking reduction for the
residential area however the parking space ratio should be no less than 1.87 -parking
spaces/unit. The development agreement should contain a condition of development requiring
the applicant to provide a minimum parking ratio of 1.87 -parking spaces/unit for the
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residential area.
The applicant provided a parking ratio clanficationlbreakdown that indicates 185 -covered
parking spaces are being provided for the 248 apartment units. Pursuant to Eagle City Code
Section 8-4-5, each dwelling unit is required to have at least one (1) covered parking space.
The applicant should be required to provide a revised preliminary plat/preliminary
development plan showing 63 -additional covered parking spaces located within the area
containing the apartments. The revised preliminary plat/preliminary development plan should
be provided prior to submittal of a design review application.
The Downtown sub -area plan within the land use chapter of the comprehensive plan contains
polices which promote and encourage the use of parking structures, rear/alley loaded parking,
and on -street parking to discourage large surface lots within the Plaza Planning Area.
Although several of the surface parking areas are proposed to be covered with carports with
green roofs (landscaped), the entire site is parked with surface parking. Also, if parking
structures were required, it will address the required covered parking for the site and allow for
a reduction of height of the apartment buildings by providing additional space for additional
buildings; therefore, maintaining the requested density. The applicant should provide a revised
preliminary development plan/preliminary plat showing parking structures providing parking
within the apartment area. The revised preliminary plat/preliminary development plan should
be provided prior to submittal of a design review application.
• Plat note #' s 2-5, of the preliminary plat/preliminary development plan address the prohibition
of direct lot access to specific streets. The plat notes should be condensed into one plat note
that is inclusive of all the streets indicating that direct lot access is prohibited. The applicant
should be required to provide a revised preliminary plat/preliminary development plan with
plat note #' s 2-5 condensed into one plat note which states, "Direct lot access to East Plaza
Drive, North Palmetto Avenue, East Cedar Ridge Street, and Public Road "A" is prohibited."
The revised preliminary plat/preliminary development plan should be provided prior to
submittal of final development plan and final plat applications.
• Plat note #6, of the preliminary plat/preliminary development plan states, "Minimum building
setbacks shall be in accordance with City of Eagle applicable zoning and subdivision
regulations or as specifically approved with the development agreement associated with - -
or any subsequent modifications."
The applicant has filed an application for a planned unit development; therefore, the setbacks
will not be referenced in the development agreement. The applicant should provide a revised
preliminary plat/preliminary development plan with plat note #6 revised to state, "Minimum
building setbacks shall be in accordance with City of Eagle applicable zoning and subdivision
regulations or as specifically approved." The revised preliminary plat/preliminary development
plan should be provided prior to submittal of final development plan and final plat
applications.
• Plat notes #15, of the preliminary plat/preliminary development plan states, "Lot 37, Block 1,
shall be designated as condominium units to be divided as follows: 13 residential units and 2
retail/commercial units." Plat note #16 of the preliminary plat/preliminary development plan
states, "Lot 48, Block 2, shall be designated as condominium units to be divided as follows: 3
residential units and 2 retaillcommercial units."
Pursuant to state statute the platting of property and condominium platting of buildings are
completed through separate processes. The platting of property is regulated pursuant to Idaho
Code, Title 50, Chapter 13, Plats and Vacations, and Eagle City Code Title 9, Land
Subdivisions. Condominium platting of property is regulated pursuant to Idaho Code, Title 55,
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Chapter 15, Condominium Property Act, and Eagle City Code Section 9-5-9, Condominium
Subdivisions. Since the division of property and buildings requires separate processes, plat
notes #15 and 16 should be removed from the preliminary plat/preliminary development plan.
The applicant should be required to provide a revised preliminary plat/preliminary
development plan with plat notes #15 and 16 removed. The revised preliminary
plat/preliminary development plan should be provided prior to the submittal of final
development plan and final plat applications.
• The preliminary plat/preliminary development plan shows a portion of Block 1 is located
within ACHD right-of-way. The subject area is shown below:
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The northern portion of Lots 1-14, Block 1 (as shown), encroach into the ACRD right-of-way
area. The applicant is currently working with ACHD to vacate the right-of-way area that Lots
1-14, Block 1, encroach into. The applicant should be required to provide documentation
indicating the ACRD right-of-way area affecting Lots 1-14, Block 1, has been vacated prior to
submittal of final development plan and final plat applications for Block 1.
• The applicant's narrative, date stamped by the City on September 18, 2018, indicates the
subdivision will contain a public park. Section 2 (Availability of public services to
accommodate proposed development), on page 3 of the narrative indicates under Parks and
Open Space that the development will contain a 1 -acre public park and private open space
park to be maintained by HOA. Neither the narrative or the preliminary plat/preliminary
development plan identifies the specific lot and block of the proposed public park. The only
open space common lot that is 1 -acre in size or larger is Lot 71C, Block 2, which is 59,042 -
square feet in size. Lot 72C, Block 2 is located is 33,794 -square feet in size and is in the area
where the applicant has discussed having a city park. The applicant should be required to
provide a public park located within Lot 72C, Block 2 (as shown on the preliminary
plat/preliminary development plan, date stamped by the City on September 11, 2018). The
public park should be operated and maintained by the Molinari Park Subdivision
Homeowner's Association.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested rezone with
development agreement, conditional use permit, preliminary development plan, and preliminary plat with
conditions of approval as provided within the staff report. City Council concurs with the recommendation
and analysis of staff as contained in the report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on October
1, 2018, at which time public testimony was taken. The Commission requested the applicant provide
an exhibit showing the locations and height of the apartment buildings and a redline version of the
applicant's requested changes to the recommended conditions of approval. The Commission continued
the applications to the October 15, 2018, meeting to provide the applicant the opportunity to bring
back the requested information. The applicant provided the requested information, date stamped by the
City on October 9, 2018. The exhibit showing the locations and height of the apartment buildings and
a redline version of the applicant's requested changes to the recommended conditions of approval
came before the Commission for their consideration on October 15, 2018, at which time public
testimony was taken and the public hearing was closed. The Commission made their recommendation
at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (other than the applicant/representative).
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning
and Zoning Commission by one (1) individual who indicated and/or requested the following:
• The proposed architecture is sterile and is not compatible with other architecture within Eagle.
• The traffic will impact East Plaza Drive and Iron Eagle Drive.
• The development should contain additional greenspace.
• There should be a restriction required for additional senior housing within the townhome area.
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• The lighting should be elevated to provide additional lighting of the site for safety.
• The proposed parking on East Plaza Drive should be restricted to no overnight parking or RV
parking.
• The individual has a concern with the number of rental units versus the number of occupant -
owned units. The townhome area should be individually owned.
• Will the development contain HUD Section 8 housing?
• There are safety and security issues associated with a parking garage.
• The proposed North Palmetto Drive extension should be completed early in the development
phases.
COMMISSION DELIBERATION: (Granicus time 00:47:00)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The project is designed in conformance with the comprehensive plan.
• The applicant has worked through the street concerns (public versus private).
• The applicant has proposed the locations of the apartment buildings with the four (4) story buildings
located adjacent to the streets and the five (5) story buildings located more internal to the site to
provide a transition of height from the street. Also, based on multi -story structures located within
proximity to the site the proposed height of the buildings is appropriate.
• One of the Commissioners appreciated the attempt to reduce the height of the apartment structures,
however, as proposed, the structures are still too high. The five -story apartments do not fit within the
area.
• The North Palmetto Avenue extension should be completed prior to the issuance of a certificate of
occupancy for the multi -family apartments to reduce traffic congestion in the area.
• The comprehensive plan calls for high density within this area.
• The applicant should be required to post East Plaza Drive with "No overnight or RV parking" signs.
• The applicant should not be required to provide a multi -story parking garage since they have the
ability to provide surface parking. The covered parking structures are landscaped on the roofs which
provides an amenity for the development.
• The applicant has provided a deed showing ownership of the property that was previously owned by
ACHD, therefore, the site specific condition of approval requiring the applicant to provide
documentation indicating the ACHD right-of-way area has been vacated should be deleted.
COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT
AGREEMENT:
The Commission voted 3 to 1 (McLaughlin against, Johnson absent) to recommend approval of RZ-07-18
for a rezone from CBD (Central Business District) to CBD -DA -P (Central Business District with a
development agreement — PUD) with the conditions of development to be placed within a development
agreement as provided within their findings of fact and conclusions of law document dated November 11,
2019.
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COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Commission voted 3 to 1 (McLaughlin against, Johnson absent) to recommend approval of CU -03-
1 8JPPUD-02-1 8IPP-06-1 8
for Molinari Park Planned Unit Development (including a height exception) for
Eagle 26, LLC, with the site specific conditions of approval and standard conditions of approval as
provided within their findings of fact and conclusions of law document dated November 19, 2018.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on November 27, 2018, at
which time public testimony was taken. During deliberation the City Council identified concerns with
the applications that would need to be addressed (identified in staff memorandum, dated February 21,
2019, incorporated herein by reference) prior to a decision. The City Council remanded the application
to staff to provide the applicant the opportunity to bring back the requested information. The applicant
provided the requested information, date stamped by the City on February 14, 2019. A second public
hearing on the applications was held before the City Council on February 26, 2019, at which time
public testimony was taken and the public hearing was closed. The Council made their decision at that
time
B. Oral testimony in favor of the applications was presented to the City Council by four (4) individuals
(not including the applicant/representative) who indicated the following:
• The design of the proposed development is in conformance with the comprehensive plan.
• The residents of the development will help support downtown businesses.
• The development will be in balance with the surrounding area in regard to height, setbacks, and
design.
• The additional density located within the downtown area will support retail businesses located
within the downtown.
• It is appropriate for high density development to be located within the downtown.
• The City needs additional rental units for workforce housing.
• The proposed commercial will compliment the downtown area.
• The extension of Palmetto Drive between State Highway 44 and Plaza Drive is needed.
C. Oral testimony opposition to the applications was presented to the City Council by four (4) individuals
who voiced the following concerns:
• The purpose of the comprehensive plan is to maintain community; the proposed density of the
development is too high.
• There should be no variances permitted to allow for the high density.
• The City needs to limit the number of people moving into the community.
• We moved here from out of state to avoid this style of development.
• There will be additional crime in the area due to the high density.
• The proposed development will not provide workforce housing.
• There is not enough capacity in the schools to handle the additional students.
• The additional traffic associated with the development will impact the streets within the area.
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• High density apartment complexes are not consistent with the zoning in the area.
• There are too many apartments being constructed within the immediate area.
• The proposed multi -family units appear to be low income housing.
• The proposed developments within the area are depleting urban renewal dollars. The proposed
project could probably be developed without utilizing urban renewal money.
• The proposed development will have an impact on the infrastructure within the area.
• A bus shelter should be required as part of the approvals.
• The Palmetto Drive extension will add additional traffic to an overburdened system.
• The development does not include a place for kids to play or take dogs for a walk.
• There should be additional commercial area within the development.
• The City is not planning for the future based on the design of the development.
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Council by
six (6) individuals who indicated and/or requested the following:
• The proposed development is well designed; however, the buildings need to be scaled back to
address fire department life safety issues.
• They support the public park area.
• They have a concern regarding the waivers that are being requested for height, setbacks, lot
widths, and parking since the requests are not in conformance with the comprehensive plan or
Eagle City Code.
• The applicant has addressed the City Council's concerns that were outlined at the November 27,
2018, public hearing.
• They have a concern regarding the timing of the construction of the Palmetto Drive extension and
indicated it should be constructed during the early phases of the development.
• The applicant needs to address cellular and radio service.
COUNCIL DECISION REGARDING THE REZONE: WITH DEVELOPMENT AGREEMENT:
The Council voted 4 to 0 to approve RZ-07-1 8 for Eagle 26, LLC, with the following Planning and Zoning
Commission recommended conditions of development to be placed within a development agreement with
underline text to be added by the Council and strikethrough text to be deleted by the Council:
3.1 The maximum number of dwelling units shall not exceed 342316 -dwelling units.
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
3.3
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potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
However, the residential portion of this development proposal is recognized by Eagle and Owner as
a desired component to the development. A residential component of similar size and area to that
depicted in the Concept Plan with the provisions and allowances contained herein, shall be
maintained.
3.4 Development of the residential portion of the Property will be permitted through the Design Review
process and future conditional use permits for the residential development will not be required.
3.5 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately owned
landscaping, pressurized irrigation facilities, private streets, drive aisles, and amenities. The
owner shall provide an operation and maintenance manual including the funding mechanism as
an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land
and that the requirement cannot be modified and that the homeowner's association or other
entity cannot be dissolved without the express consent of the city.
(b) A requirement for all fencing located adjacent to open space to be open -style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or three -rail -type decorative fencing.
All other fencing (ie. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited.
(c) Parking shall only be allowed in the designated parking areas or in the garage units of the multi-
family residential units.
(d) A requirement that in the event any of the CC&Rs are less restrictive than any government rules,
regulations or ordinances, then the more restrictive government rule, regulation or ordinances
shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all
applicable government bodies. In the event a governmental rule, regulation, law or ordinance
would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to
be amended to comply with the applicable rule, regulation, law or ordinance.
3.6 The Commercial area of the Property as depicted on the Concept Plan is to be developed with a
combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3
"Official Schedule of District Regulations" under the CBD zoning designation (except as permitted
in Section 3.7, below).
3.7 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Central Business District
land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations",
existing at the time a design review application or conditional use permit application (whichever the
case may be) is made for individual building use.
All uses shown as "P" permitted under the CBD (Central Business District) zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be
considered permitted uses and all uses shown as "C" conditional uses under the CBD (Central
Business District) zoning designation shall require a conditional use permit, except that the
residential portions of the Property described in Section 3.3 shall not require a conditional use
permit.
The following uses which are shown as "C" conditional uses under the CBD (Central Business
District) zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations," shall be permitted uses on the Property:
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• Apartment
• Multi-family dwelling
• Daycare Center
• Microbrewery
• Parking Lot, Parking Garage
• Parking Lot, Parking Garage, Commercial
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property to maintain
compatibility:
• Circuses and Carnivals;
• Nursery, plant materials;
• Restaurant (with drive-through)
• Riding Academies/Stables;
3.8 The townhomes shall be constructed utilizing a style of architecture compatible with "Italianate" a
mixture of 'he "English-Cottage and Meai*ef-anean" styles of architecture as shown on Exhibit D.
The multi-family dwellings shall be constructed utilizing a mixture of the an "English-Cottage and
Mediterranean Italianate" styles of architecture as shown on Exhibit E. Commercial/retail buildings,
multi-family residential buildings, and pool house shall be required to meet the design review
requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design book. Eagle
Design Review Board approval of the detailed architectural plans for the development is required
prior to the issuance of building permits for commerciallretail buildings, multi-family residential
units, pool house, pumphouse for irrigation, and gazebos.
3.9 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the
submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide
proof of central sewer service to the proposed residential uses. A letter of approval shall be provided
to the City from the Idaho Department of Health and Welfare, Department of Environmental Quality,
and/or Central District Health, prior to issuance of any building permits.
3.10 The development is to incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables, etc.).
3.11 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator
with the submittal of the final plat. The plans shall show how the lights will facilitate the "Dark
Sky" concept of lighting.
3.12 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees
located on-site. The report shall identify, at a minimum, species, size, and health of the trees. The
arborist report and map shall be provided with the submittal of a design review application. Owner
shall provide a narrative indicating how the trees will be incorporated into the design of the
subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior
to city approval of a tree removal and replacement plan.
3.13 In conjunction with 3.12 above, all living trees that do not encroach upon the buildable area on any
lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed
landscape plan showing how the trees will be integrated into the open space areas (unless approved
for removal and mitigation by the Design Review Board) shall be provided for Design Review
Board approval prior to the submittal of a final plat application.
3.14 The Owner shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed common areas throughout the
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development, 3) landscape screening details and buffering for the residential units located adjacent
to State Highway 44, 4) elevation plans for all proposed common area structures and irrigation pump
house (if proposed), and 5) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities, The design review application shall be
reviewed and approved by the Eagle Design Review Board and City Council prior to the submittal
of a final plat application.
3.15 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-
4-1-6, a minimum ten foot (10') wide public sidewalk along the portion of the Property located
adjacent to State Highway 44. The public sidewalk shall be constructed in phases -^„�--��''•'�
• . - .. . - ' . _•: • . The first phase from the intersection of East Cedar Ridge
Street and Public Road "A” (as shown on the preliminary plat/preliminary development plan, date
stamped by the City on September 11, 2018) easterly to North Palmetto Avenue shall be constructed
with Phase No. 1 of Molinari Park Subdivision. The second phase from the west property boundary
to the east phase line of Phase No. 2 of Molinari Park Subdivision, and the final phase connecting
phases 1 and 3 shall be constructed with Phase No. 3 of Molinari Park Subdivision. The specific
location and design of the pathway shall be approved by the City of Eagle Park, Pathway and
Recreation Commission prior to submittal of a design review application. The public sidewalk shall
be located in a recorded easement or easements dedicated to and accepted by Eagle as provided in
Eagle City Code Section 9-4-1-6(E) (2). The instrument number of the recorded easement or
easements shall be referenced on the face of the plat, upon recordation of the final plat(s) wherein
the public sidewalk is located.
3.16 The parking ratio for the multi -family residential units shall be 1.87 parking spaces/unit be in
conformance with Eagle City Code Section 8-4-5. Public parking shall be permitted on the private
streets.
I
3.17 Owner shall provide a parking analysis for the commercial buildings at the time of submittal of a
design review application.
3.18 Owner shall be required to provide a public park located within Lot 72C, Block 2 (as shown on the
preliminary plat/preliminary development plan, date stamped by the City on September 11, 2018).
The public park shall be operated and maintained by the Molinari Park Subdivision Homeowner's
Association.
3.19 The multi -family units located adjacent to Private Road "D" and Private Road "E" (as identified on
the preliminary plat/preliminary development plan, date stamped by the City on October 9, 2019)
shall have live/work commercial space located adjacent to the private roads.
COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Council voted 4 to 0 to approve CU-03-18JPPUD-02-18JPP-06-18 for Molinari Park Planned Unit
Development (including a height exception) (Exhibit "A") for Eagle 26, LLC, with the following
Planning and Zoning Commission recommended site specific conditions of approval and standard
conditions of approval. with underline text to be added by the Commission and strikethrough text to be
deleted by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions of development within the development agreement for rezone application
RZ-07-1 8.
2. Comply with all requirements of the City Engineer.
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3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project upon receipt of an invoice by the city or prior to the City Clerk signing the final plat,
whichever occurs first. (ECC 9-2-3 [C] [3] [1])
4. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall
be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7 (J).
5. Provide a revised preliminary plat/preliminary development plan showing the townhome area located
within Block 1 served by a Private Road "B" street section. The revised preliminary plat/preliminary
development plan shall be provided prior to submittal of final development plan and final plat
applications. (ECC 9-3-2-5)
6. Provide a revised preliminary plat/preliminary development plan showing all typical road sections to
be constructed with an asphalt concrete pavement section per ACRD standards. The revised
preliminary plat/preliminary development plan shall be provided prior to submittal of final
development plan and final plat applications. (ECC 9-3-2-5)
7. Provide a revised preliminary plat/preliminary development plan showing the typical private road
section for Private Road "C" with a minimum 24 -foot wide travel lane (two 12 -foot wide travel lanes)
andsidewa"ks in accordance with Eagle City Code Section 9-4-1-6(F). The revised preliminary
plat/preliminary development plan shall be provided prior to submittal of final development plan and
final plat applications. (ECC 9-3-2-5 =B][2])
8. The required setbacks for the townhomes and apartments shall be as follows:
Front
Lots 1-15, Block 1
Lots 17-19 & 21-23, Block 1
Lots 15-18 & 20-23, Block 2
Lots 26-33 & 35-43, Block 2
Lots 58-62, Block 2
Lots 64-70, Block 2
Lots 24-32, Block 1
Lots 2-11, Block 2
Lots 33-35, Block 1
Lots 45-47, Block 2
Lots 49-56, Block 2
Rear (at access drives/alleys)
Lots 25-33, Block 1
Lots 2-11, Biock 2
All Other Lots
9 -feet (+/- 11 -feet to sidewalk)
7 -feet
10.5 -feet (+/- 10 -feet to sidewalk)
8 -feet (+/- 7.5 -feet to sidewalk)
16.5 -feet (+/- 7.5 -feet to sidewalk)
5.5 -feet (+/- 6 -feet to curb)
7.5 -feet (+/- 8 -feet to curb)
Interior Side 0 -feet
Exterior Side 5 -feet (No additional setback for multi -story structures)
Minimum Building Separation 20 -feet
Maximum Lot Coverage 85%
All remaining setbacks shall be in conformance with Eagle City Code Section 8 -2A -6(E)(3).
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9. The maximum building height of the structures shall be as follows:
• Townhomes
• Multi -family —
• Mixed Use
� Commercial —
X835 -feet (3 -stories)
39 feet (3 stories) 59 feet at roof peak (5 stories), 49 feet habitable (5 stories4
45 -feet (4 -stories) - - � . - - • - - .. .. -
45 -feet (3 -stories)
52 feet (4 stories)
A •
In the event the applicant desires a height exception for a commercial building in the future, the
applicant shall submit a conditional use permit modification application to be reviewed and approved
by the City Council. The conditional use permit modification for a height exception shall be approved
by the City Council prior to a design review application for the proposed building being considered by
the Design Review Board.
structures,
Eapartiment)-afea,
. . .
.
.
11. The landscaping located on the buffer berm contained within the 50 foot 46 -foot wide buffer area
located adjacent to State Highway 44 shall be commensurate with landscaping requirements pursuant
to Eagle City Code Section 8-2A-7(J)(4)(b). The landscape plan shall be reviewed and approved by the
Design Review Board and City Council prior to submittal of final development plan and final plat
applications.
12. Provide a revised preliminary plat/preliminary development plan showing 63-additienal the required
covered parking spaces located within the area containing the apartments. The required covered
parking spaces shall be covered with greenscape. The revised preliminary development
plan/preliminary plat shall be provided prior to submittal of a design review application. (ECC 8-4-5)
13. Provide a revised preliminary plat/preliminary development plan with plat note #' s 2-5 condensed into
one plat note which states, "Direct lot access to East Plaza Drive, North Palmetto Avenue, East Cedar
Ridge Street, and Public Road "A" is prohibited." The revised preliminary plat/preliminary
development plan shall be provided prior to submittal of final development plan and final plat
applications.
14. Provide a revised preliminary plat/preliminary development plan with plat note #6 revised to state,
"Minimum building setbacks shall be in accordance with City of Eagle applicable zoning and
subdivision regulations or as specifically approved." The revised preliminary plat/preliminary
development plan shall be provided prior to submittal of final development plan and final plat
applications.
15. Provide a revised preliminary plat/preliminary development plan with plat notes #15 and 16 removed.
The revised preliminary plat/preliminary development plan shall be provided prior to the submittal of
final development plan and final plat applications.
4 .
. __
...
17. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed at
the front of each lot generally at each side property line, or as approved by the Design Review Board.
The trees shall be located within a 6 -foot wide landscape strip between the 5 -foot wide concrete
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sidewalk and the curb. Root barriers in accordance with ACHD requirements or equivalent shall be
utilized to minimize damage to the adjacent sidewalks. The style of root barrier shall be reviewed and
approved by staff prior to installation. Prior to the City Clerk signing the final plat the applicant shall
either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150%
of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed
prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if
weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion
of the development that is completed, including street trees that have been installed. On-going surety
for street trees for all undeveloped portions of the development will be required through project
completion.
18. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas or private lots (unless approved for removal by the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to
protect all trees that are to be preserved, prior to the commencement of any construction on the site.
19. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk
signing the final plat. (ECC 9-4-1-8)
20. Molinari Park Subdivision shall remain under the control of one Homeowners Association.
21. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain
the pressurized irrigation system and all common landscape areas in the subdivision are maintained in
a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees in perpetuity.
22. All plat notes that are required on the preliminary development plan/preliminary plat shall be
transferred to the final plat prior to submittal of a final plat application.
23. North Palmetto Avenue shall be constructed concurrently with Phase No. 4 1 (as shown on the
Potential Project Phasing plan, date stamped by the City on September 20, 2018). No certificate of
occupancy permits shall be issued for the apaftment-buildings townhomes located within Phase No. 4
1 until ACHD has accepted the completed North Palmetto Avenue.
24. The applicant shall be required to post "No Overnight or RVIBoat Parking" signs located adjacent to
East Plaza Road. The specific wording and location of the signage shall be approved by ACRD and
city staff prior to the placement of the signage. The signage shall be placed prior to the issuance of
building permits.
25. Provide a revised preliminary plat/preliminary development plan showing attached sidewalks a
minimum of 10 -feet in width located adjacent to the commercial businesses within the multi -family
area (Lot 73, Block 2). The revised preliminary plat/preliminary development plan shall be provided
prior to submittal of a design review application.
26. The applicant shall be required to provide an access point and easement to the pedestrian underpass or
overpass facility proposed across State Highway 44 based on the location determined by the project
development report.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
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curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to 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.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R' s shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
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ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's business owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
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17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Parks, Pathways, and Recreation Commission
for a path or walkway shall be approved in writing by the Eagle City Parks, Pathways, and
Recreation Commission prior to approval of the final plat by the City Council.
21. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the floodplain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
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29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
30. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-07-1 8) with
regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the
information provided concludes that the proposed rezone upon annexation is in accordance with the
City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of CBD -DA -P (Central Business District with a development
agreement — PUD) is consistent with the Downtown designation as shown on the Comprehensive
Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
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c. The proposed CBD -DA -P (Central Business District with a development agreement — PUD) is
compatible with the CBD (Central Business District) zone and land use to the north since those
areas have been developed with similar uses such as townhomes, a mobile home park, and storage
units;
d. The proposed CBD -DA -P (Central Business District with a development agreement — PUD) is
compatible with the C -3 -DA (Highway Business District with a development agreement) and MU -
DA (Mixed Use with a development agreement) zone and land use to the south since that area has
a state highway and commercial development located south of the state highway;
e. The proposed CBD -DA -P (Central Business District with a development agreement — PUD) zone
is compatible with the MU (Mixed Use) zone and land use to the east since that area has been
developed as a commercial development and the proposed development will contain commercial
lots located in proximity to the commercial development;
f. The proposed CBD -DA -P (Central Business District with a development agreement — PUD) is
compatible with the CBD and CBD -DA (Central Business District and Central Business District
with a development agreement) zone and land use to the west since that area has been developed
with an office building and senior housing facility;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan; and
h. No non -conforming uses are expected to be created with this rezone.
2. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU -03-1 8JPPUD-02-1 8JPP-06-1 8) and based
upon the information provided by staff and the applicant concludes that the proposed development is
in accordance with the City of Eagle Comprehensive Plan and established goals and objectives noted
below and because of the following:
a. The proposed development will be constructed in four (4) phases with the time schedule for the
development as follows:
• Phase 1 (townhomes and mixed use building) — Spring 2019
• Phase 2 (townhomes and mixed use building) — Fall 2019
• Phase 3 (townhomes) — Spring 2020
• Phase 4 (multi -family promenade) — Spring/Summer 2020
b. Provide documentation to show that you have sufficient control over the land, and the financial
means, to initiate the proposed development plan within one year after City Council approval.
The applicant provided documentation indicating they have sufficient control of the land. As
referenced on the Potential Project Phasing document, date stamped by the City on September 20,
2018 (attached to the staff report dated November 19, 2018), the applicant is proposing to start
construction of the first two (2) phases of the development in 2019.
c. That the proposed development is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community because;
The proposed development is designed to be in conformance with the Plaza Planning Area
contained within the Downtown Planning Area of the comprehensive plan. The proposed
development is designed to enhance the community by offering high quality townhomes and
luxury apartments that are located within a five-minute walk of downtown Eagle shops and
restaurants. The mixture of residential uses support and provide the customer base for the
commercial uses and the commercial uses provide services needed and desired by individuals in
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the residential areas. The tax revenue and user fees associated with the infrastructure in the area
will provide the revenue to support the development.
d. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area because;
The proposed development is consistent with the existing commercial uses located in proximity to
the site. The development will include three (3) different product types consisting of townhomes,
multi -family apartments, and a commercial business development. There will be ground floor
retail and commercial uses located near the proposed park area, townhomes, and within the multi-
family buildings. The development is designed with a landscaped buffer located adjacent to State
Highway 44 so as to not impact the scenic corridor along State Highway 44. The Council
determined that the height exception to 45 -feet for the multi -family structures with a commercial
uses and 45 -feet for the mixed use structures should be granted since the comprehensive plan
identifies an allowable number of stories for the multi -family with a commercial use and mixed
use will be compatible in height with the existing and proposed buildings located within the
immediate vicinity. The design and architecture of all proposed buildings is required to be
reviewed and approved by the Design Review Board prior to construction;
e. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The proposed residential townhome use located adjacent to Paddy Row Subdivision is similar in
size. The larger scale multi -family buildings will be located in proximity to the center of the
development to provide transition and blend in with the surrounding area.
f. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
Anticipated traffic and noise levels are consistent with this type of development and neighboring
commercial uses located adjacent to East Plaza Drive. The development will also contain
residential uses that will not produce noise, smoke, fumes, glare, or odors beyond what is typical
for multi -family and commercial developments. The commercial lots are proposed with uses that
are similar to those approved for the adjacent properties.
g. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools because;
The development is bordered on the north by East Plaza Drive (collector) and on the south by
State Highway 44 (principal arterial). The tax revenue generated from residents and businesses
within Molinari Park Subdivision will offset additional costs to public service providers that will
serve this development. The Applicant will be required to meet the requirements of the service
providers and agencies. ACHD, , Eagle Fire, Eagle Sewer District, and Eagle Water Company
have reviewed the proposed development and indicate that capacity exists to adequately serve this
development.
h. That the development will not create excessive additional requirements at public cost for public
facilities and services because;
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KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Molinari Park Sub ccf post reconsideration.doc
All public infrastructure, facilities and services are constructed and supplied by the developer and
must be approved at the time of installation and before acceptance by the sewer, power provider,
water, or highway district. Because the developer provides infrastructure for the services in the
initial stages of development, the public service providers avoid potential liability and expenses.
The commercial areas will be served by public streets. Private drive aisles and private streets will
serve the multi -family and single-family portions of the site with utilities extended to all the
dwelling units.
i. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non -PUD proposal because;
.
The development will contain a public park, paths (public and private), open areas, and creation of
amenities not typical of a non -PUD subdivision. The proposed development contains
approximately 24.6% of open space to serve the residents of the subdivision and the public. The
applicant is also proposing a swimming pool, community gathering center, pet/dog friendly
walking paths, electric car charging stations, rooftop community spaces, and a multi -use
bike/pedestrian path.
That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
Access to the development will be from East Plaza Drive (collector), East Cedar Ridge Avenue,
and State Highway 44 at the southern property boundary. With the exception of East Plaza Drive
and East Cedar Ridge Avenue, a portion of the interior streets will be private and will be
constructed in conformance with standards pursuant to Eagle City Code. The Applicant will meet
the standards and requirements, including necessary improvements of the highway district and
ITD.
k. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
The site has been vacant for several years with the exception of when the property was previously
utilized for the Eagle Rodeo.
1. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan because;
The proposed development and its design components are in accordance with and similar to the
design and other elements noted in the Plaza Planning Area contained within the Downtown Sub -
Area Plan of the comprehensive plan. The applicant is also required to comply with the design
review process. The Plaza Planning Area plan calls for Transit Ready Development (TRD)
consisting of a mixture of office, residential, retail and commercial uses.
m. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8 because;
The applicant requests approval for a development agreement, conditional use permit, and planned
unit development as outlined in Eagle City Code and satisfies those requirements as well as will be
required to meet the conditions herein. In addition, the applicant will be required to submit an
application for design review and comply with all Eagle City Codes and conditions of approval of
the design review.
n. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
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regulations because;
The development provides a mix of townhomes, multi -family, and commercial uses. The
residential portions of the development will be served by private streets to facilitate a specific
housing product that is in high demand in Eagle. The residents of the development will be located
within walking distance of commercial businesses located in proximity to the site.
o. Provide an estimate of the public service costs to provide adequate service to the development.
The water, sewer, and roadways will be constructed and funded by the developer. The
infrastructure necessary to serve this property with fire, police, and other public services already
exists. The revenue generated from taxes will cover the additional manpower necessary to serve
this property once developed. The public services that will be provided to the development include
the following:
Fire
P•
q.
The project is located within the Eagle Fire District.
Police
The project will be served by the Eagle Police Department.
Water
The project is located within the Eagle Water Company's certificated area.
Sewer
The applicant will be required comply with the requirements of the Eagle Sewer District.
Road Construction
The construction of all interior roads, the North Palmetto Drive extension, and improvements of
East Plaza Drive will be completed by the developer. Upon completion of the public roads they
will be dedicated to ACHD. The private streets and private drive aisles will also be constructed by
the developer and maintained by the homeowner's association.
Parks and Open Space
The development will contain over 24.6% of passive and active open space providing residents a
variety of recreation options from which to choose. A system of public and private pathways will
provide pedestrians with a safe and efficient way to move throughout the property.
Maintenance
The maintenance of any private open space areas will be regulated by the Molinari Park
Subdivision Homeowner's Association. The public roads will be maintained by ACHD. The sewer
and water systems will be publicly owned and maintained once installed.
Schools
The residents of Molinari Park Subdivision are located in the West Ada School District
boundaries.
That suggested public (or private) means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. Because the developer provides the services in the initial stages
of the development, the public service providers avoid potential liability and expenses.
The estimated tax revenue generated to the City of Eagle from the development is approximately
$1,106,133/year (as shown on the breakdown contained within the applicant's narrative attached
to the staff report and incorporated herein by reference).
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r. That the uses are appropriate with the planned residential uses.
The retail and commercial uses located within the site will provide services and jobs for the
residents located within the development. Also, the buildings located at the intersection of East
Cedar Ridge Street, public road "A" (ACHD), and private road "E" will have residential units
located above the retail and uses.
s. That the uses will serve principally the residents of the PUD.
The proposed commercial and retail uses will principally benefit the residents of Molinari Park
Subdivision due to the proximity of those uses located within the development. Also, since the
project is located within the downtown area it will also serve the residents of the greater
community as identified within the comprehensive plan.
t. That the uses are planned to be an integral part of the PUD.
The residential, commercial, and retail uses planned for this PUD will integrate with one another
in this urban environment while offering a community setting through use of open/green space,
public park, facilities for walking and biking. This development contains a mix of uses that are
appropriate and integral to the area as identified in the Plaza Planning Area contained within the
comprehensive plan.
u. That the uses located and designed to provide direct access to a collector or arterial street.
The proposed development is located adjacent to East Plaza Drive (collector) and State Highway
44 (principal arterial). The applicant is also required to construct the North Palmetto Drive
extension which will be constructed as a collector.
v. That the proposed street connections will not create congestion of traffic hazards.
The proposed street sections will mitigate the traffic congestion at the intersection of Eagle and
State Highway 44 and allow motorists who wish to visit downtown Eagle more traffic circulation
to access downtown businesses. Also, the applicant is required to construct the North Palmetto
Drive extension which will help reduce congestion at the intersections of North Eagle Road and
SH -44 and South Edgewood Lane and SH -44.
3. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the Council
has determined that:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that the private street
will serve to enhance the overall development. The following reasons support the above noted
finding:
The proposed development has just one public street stubbed to it (East Cedar Ridge Street). East
Cedar Ridge Street will be extended to the east as a public road to connect to Plaza Drive. The
remaining blocks south and east of East Cedar Ridge Street are well suited for private streets as
there are no other necessary stubs required to adjoining properties since they have been developed.
The blocks are essentially off-line of the public street system, thus, they only require access for the
residents of the development. The private street design also allows many of the townhome fronts to
open to common area. The design minimizes roadways and maximizes useable open space;
2. The private street within the subdivision provide safe and effective movement of both vehicular
and pedestrian traffic because of the following:
The roadways are designed to a width equivalent to public street standards to allow for safe and
effective vehicle travel. On street parking is provided, typical of low volume traffic streets, and are
congregated in proximity to open space with close proximity to detached sidewalks and internal
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KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Molinari Park Sub ccf post reconsideration.doc
pathways for ease of pedestrian traffic flow;
3. The private street provides adequate access for service and emergency vehicles:
The private streets are designed to meet or exceed the fire department emergency service vehicular
dimensional standards which require higher standards than other emergency vehicles;
4. The private streets within the subdivision do not adversely affect access to adjacent properties:
The property is bordered to the south by State Highway 44 and to the north by East Plaza Drive. It
is bordered to the east and west by commercial development which do not contain stub streets;
therefore, the adjacent properties gain access to public streets through other means. The applicant
will be required to construct North Palmetto Avenue (public) which will provide additional access
to the commercial development located east of the proposed development;
5. The private streets will not landlock adjacent property due to topography or parcel layout as shown
on the proposed plan, and since all adjacent properties currently have access to public roadways;
6. The private streets within the subdivision do not connect one public street to another;
7. The use or alignment of the private street within the subdivision do not interfere with the
continuity of public streets as noted above; and
8. An appropriate mechanism will be established for the repair and maintenance of the private street,
including provisions for the funding thereof, within the required CC&Rs for the subdivision and
with any necessary notes to be provided on the final plat, all to be reviewed by the City Engineer
and City Attorney prior to City Clerk signing the final plat or prior to the issuance of building
permits, whichever occurs first.
4. Failure to comply with all provisions and any condition of approval of this conditional use permit may
result in a compliance hearing in front of the City Council at which time the Council may add
conditions to the permit, modify existing permit conditions, or revoke all or part of the permit.
5. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
Dated this 25th day of June 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
721
Stan Ridgeway, Mayor
ATTEST:
Sharon . Bergmann, Eagle City Clerk
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Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a reconsideration within
fourteen (14) days of the final written decision.
Page 49 of 49
K:APlanning Dept\Eagle Applications\Preliminary Development Plans\?U 18\Molinari Park Sub col post reconsideration.doc
CONNEMARA LANE:. (PR1VAT1 )
PRELIMINARY PLAT / PRELIMINARY DEVELOPMENT PLAN for
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