Findings - 2006 - A-05-06/RZ-05-06/PP-05-06 - A&RZ from RUT to R2-DA/PP for Park Ln Estates/ 12-lot/5.14 acre/1835 Park L
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLiCATION )
FOR AN ANNEXATION, REZONE WITH A )
DEVELOPMENT AGREEMENT, AND )
PRELIMINARY PLAT FOR PARK LANE )
ESTATES FOR CHAD MOFFATT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-OS-06/RZ-OS-06 & PP-OS-06
The above-entitled Annexation, Rezone with a development agreement, and Preliminary Plat applications
same before the Eagle City Council for their action on July II, 2006, at which time public testimony was
taken and the application table. The application was continued to August 8, 2006, at which time public
testimony was taken and the public hearing was closed. The Eagle City Council, having heard and taken
oral and written testimony, and having duly considered the matter, makes the following Findings of Fact
and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Chad Moffat, represented by Eric Cronin, P. E. with The Land Group, Inc., is requesting
an annexation and rezone from RUT (Rural Urban Transitional) to R-2-DA (Residential
two units per acre with a development agreement) and preliminary plat approval for Park
Lane Estates, a 12 lot (7 residential, 5 common) residential subdivision. The 5. 14-acre site
is located approximately 2,000 feet north of W. Floating Feather Road on the west side of
N. Park Lane at 1835 N. Park Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, AprilS, 2006, on-site in compliance with
the application submittal requirement of Eagle City Code. The application for this item
was received by the City of Eagle on AprilS, 2006.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on May 22, 2006. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on May 19,2006. The site was posted in accordance with the Eagle City Code on
May 26, 2006. Requests for agencies' reviews were transmitted on May 19,2006 in
accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on June 26, 2006. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on June 26, 2006,
2006. The site was posted in accordance with the Eagle City Code on June 28, 2006.
Requests for agencies' reviews were transmitted on June 26, 2006, in accordance with the
requirements of the Eagle City Code.
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D. HISTORY OF PREVIOUS ACTIONS:
This application is a re-subdivision of Lot 6, Block 2 of the Moffat Subdivision (A-3-
05/RZ-5-05/PP-6-05) approved by the City of Eagle on March 14,2006.
E. COMPANION APPLICATIONS: All applications are inclusive herein
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F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
The City is requesting a development agreement to ensure the development of the property
is consistent with the Comprehensive plan and vision of the City of Eagle.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TlON
Existing Residential Two RUT (Residential- Ada Vacant
County designation)
Proposed No Change R-2-DA (Residential with a Residential Subdivision
development agreement)
North of site Residential Two R-2 (Residential) Residence/Moffat
Subdivision
South of site Residential Two RUT (Residential- Ada Residence
County designation) and R-E Loch Lomond Subdivision
(Residential Estates)
East of site Residential Two R-2-DA(Residential) Residence
Park Place Subdivision
West of site Residential Two R-2 (Residential) Residence/Moffat
Subdivision
H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
1. SITE DATA:
Total Acreage of Site - 5.14-acres
Total Number of Lots - 12
Residential- 7 (I existing to be retained)
Commercial - 0
Industrial - 0
Common - 5
Total Number of Units - 7
Single-family - 7
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1.29 2 units per acre maximum
Minimum Lot Size 17 ,OOO-square feet (0.39-acres) 17,000-square feet (0.39-acres)
(minimum)
Minimum Lot Width 75-feet 75-feet (minimum)
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Area .56-acres .5 I-acres (minimum)
Percent of Site as Common Area 0.56-acres (11%) - common 10%
area
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-2A-7 (1) (4) (a) requires a minimum 35-foot wide landscape
buffer area between urban or rural collectors and new residential developments.
Open Space:
Will provide a total of II % of common area 10% minimum is required.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance has submitted street drainage
plans. Specific drainage system plans are to be submitted to the City Engineer for review
and approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
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discovered, state law requires immediate notification to the state.
K. STREET DESIGN:
Lot 2, Block I (the existing house) is proposed to have direct access on to Park Lane.
Providing a 35 foot landscape buffer with a five foot (5') meandering sidewalk. The
sidewalk will be setback from the street by a minimum of a ten foot (10') wide landscape
strip, With a single twenty foot (20') wide driveway cut located at 300-ft south of the
entrance to Moffat Subdivision.
The applicant has proposed one public roadway to access the stub street provided by
Moffat Subdivision to the north at approximately four hundred and fifty feet (450') west
of North Park Lane. The street is to be constructed with nine foot (9') wide landscape
strips and five foot (5') wide separated sidewalks on both sides of the roadway except in
the cul-de-sac where an attached five foot (5') sidewalk is proposed. The cul-de-sac is
four hundred and forty feet (440') in length. Rolled curb and gutter are proposed to be
constructed along all internal roadways with vertical curb and gutter adjacent to the
landscape island located within the internal roadway.
North Park Lane abutting the eastern boundary of this site in not improved with any curb,
gutter, or sidewalk. Eagle City Code as well as ACHD Policy Standards require vertical
curb, gutter and sidewalk to be constructed on collector and arterial roadways upon the
development of adjacent parcels.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': none
Cul-de-sac Design:
The roadway serving the subdivision consists of one cul-de-sac proposed to be constructed
at 440-feet (approximately) in length and end within a 50-foot radius turn-around.
Sidewalks:
A five foot (5') wide detached concrete sidewalk is proposed through out the development
except within the radius of the cul-de-sac in which an attached sidewalk is proposed.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for
the interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning
Administrator prior to the submittal of the final plat. Any modifications made to the lights
shall be completed before the final plat approval.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
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L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian circulation will utilize the proposed detached sidewalks and a pathway
connecting this development with the development to the north (Moffat Subdivision).
Bike Paths:
Bikes will have access to the proposed pathway system and detached sidewalks throughout
the development. 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.
M. PUBLIC USES PROPOSED: None
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters (with conditions) from the Eagle Fire Department and the
Eagle Sewer District have been received. The Eagle Sewer District states that it will be
necessary for the applicant to petition to annex the subject property into the sewer district
for sewage disposal and the construction plans will need to be approved by the District's
consulting engineer prior to development of the site. The site is located within United
Water Company ofIdaho service area. United Water provided correspondence indicating
that this development is serviceable by United Water.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the engineer's letter dated June 5, 2006, are of special
concern.
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Ada County Highway District
Chevron Texaco
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Transportation
Meridian Joint School District No.2
Ringert Clark (Drainage District No.2)
United Water ofIdaho
S. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Residential Two, suitable
primarily for single-family residential development within areas that are rural in character.
Residential density of up to two dwelling unit per acre may be considered by the City for this
area.
Chapter 4 Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special
districts provide the basic services of water, sewer, school, police, fire and library
to residents. With Eagle's growing population come the need for increased public
services and the necessity to improve existing service delivery systems.
Policies conceming the manner in which public utilities and services are expanded
play an important role in the location and intensity of future housing, commercial
and industrial development. Since the City of Eagle depends on outside
providers, it must be involved in any plans that will affect the community.
4.3 Goal
c. Maintain a sense of personal safety and security for all residents.
d. Strive to prevent and extinguish fires and aid in other emergencies dealing
with the protection of life or property.
4.4 Objectives
d. To encourage a high standard of fire protection and emergency services
Chapter 8 Transportation
8.3.0 City of Eagle Functional Pathway Classifications
An effective pathway system should include a combination of Paths and Lanes.
The City of Eagle Transportation/Pathway Network Maps # 1 and #2 illustrates the
various classifications and locations which are included in the pathway system
and described as follows:
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8.3.1 Paths
Location:
Paths could be located on corridors separated from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be
located along roadway right-of-ways and would usually be separated from vehicle
travel lanes and the paved section of the roadway by a median or sidewalk.
8.6 Implementation Strategies
r. Encourage planning of local roadway systems which will provide for intra-
neighborhood connectivity. The connection roadways should be designed to
not become collectors and to discourage traffic from cutting through
neighborhoods to go from a collector or arterial to another collector or arterial.
Such intra-neighborhood connectivity is for emergency and delivery vehicles
and for local intra-neighborhood access.
o. Encourage arterial and collector roadway design criteria consistent with the
rural nature of planned and existing developments generally within the areas
designated on the Land Use Map as Residential Rural (one dwelling unit per
five acres maximum) and Residential Estates (one dwelling unit per two acres
maximum). Such designs should include the following:
1. Vertical Curbs should not be permitted, except where may be required by
ACHD. Where curbs are needed, flat or rolled curbs should be
encouraged.
2. Sidewalks and/or pathways should meander and be separated from any
roadway edge or curb to allow for added pedestrian safety. Topography,
trees, ditches and/or similar features may limit the distance between
sidewalks and/or pathways and the roadway edge. Easements may be
needed if portions of the sidewalk and/or pathway are to be located
outside of the right-of-way.
3. Unless otherwise determined by ACHD to be necessary for public safety,
roadways should be a maximum of two lanes with a center turn lane only
at driveways and/or street intersections that are expected to generate a
minimum of 1000 vehicle trips per day, or where determined to be
necessary for safety by ACHD. Any portion of a center turn lane which is
not used for such a driveway or intersection should be landscaped. Such
landscaped medians would need to be maintained by the City and would
require a license agreement with the highway district having jurisdiction.
4. The roadways should be constructed to provide a bike lane on both sides
of the roadway.
5. A minimum building setback ordinance resulting in a setback of
approximately 125-feet from the roadway centerline should be considered
to be adopted by the City.
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. SOARING 2025 WESTERN AREA PLAN PROVISIONS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
Chapter 5 Transportation
5.3 Implementation Strategies
i. New developments shall be required to stub access to adjacent
underdeveloped parcels, where appropriate.
j. All new developments shall be reviewed for appropriate opportunities to
connect to local roads and collectors in adjacent developments.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-2-1
Centralized water and sewer facilities are required for all subdivision and lot splits
applications submitted after the effective date hereof in all districts exceeding one
dwelling unit per two (2) acres (R-E).
. Eagle City Code Section 8-2A-7(J)(4)(a)
Any road designated as an urban or rural collector on the Ada County long range
highway and street map:
A minimum of thirty five feet (35') 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: four (4) shade trees, five (5) evergreen 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 the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') 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. Chain link, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
. Eagle City Code Section 9-4-1-6(F)(3)
Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by
a minimum of five foot (5') wide landscape strip.
. Eagle City Code Section 9-4-1-9(A)
Construction; Extension: All public water supply or sewer systems (serving 2 or more
separate premises or households) shall be constructed in accordance with any adopted
local plans and specifications. All new public water supply or sewer systems shall be an
extension of an existing public system whenever possible. In the event that the proposed
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public water supply or sewer system is not an extension of an existing public system, there
shall be a showing by the subdivider that the extension is not feasible and not in the best
interest of the public.
. 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:
. The Eagle Comprehensive Plan Land Use Map designates the property as "Residential Two"
with a density not to exceed 2 units per acre. The Soaring 2025 (Western Area Plan)
Comprehensive Plan designates this area as being located within the Park Lane Planning Area,
which is a sub area of the Western Planning area. The overall density of the proposed Park
Lane Estates Subdivision development is 1.29 units per acre.
. The applicant proposes one access point from Park Lane for Lot 2, Block I. Park Lane is
designated as an Urban Collector on the Ada County Functional Street Classification Map.
The applicant has proposed a 23-foot wide common lot and a 12-foot wide easement adjacent
to Park Lane for the construction of a buffer area. Eagle City Code Section 8-2A-7 (J)(4)(a)
requires the installation of a buffer that is a minimum of 35-foot wide abutting the road right-
of-way.
. Park Lane is shown as a Urban Collector on the Ada County Long Range Highway and Street
Map - 2025 Functional Street Classification System.
. The 2000 Comprehensive Plan, Chapter 4 discusses school and public service issues. The
Eagle Sewer District has indicated that this property has not been annexed into the District.
The portion of this site that is not currently annexed into the Eagle Sewer District's boundaries
will be required to be annexed into their boundaries prior to the City accepting a final plat
application for the site. A letter of approval shall be provided to the City from the Eagle Sewer
District approving the final construction plans prior to issuance of building permits for the
subdivision.
. The preliminary plat date stamped by the City on AprilS, 2006, shows a 5-foot wide attached
sidewalk to be constructed along the interior roadways of this development. Per Eagle City
Code, 5-foot wide (minimum) sidewalks are required to be constructed on both sides of the
street. The applicant should be required to provide a revised plan showing 5-foot wide
(minimum) sidewalks are to be constructed within the interior roadways of this development.
The revised preliminary plat should be provided prior to the submittal of a design review
application.
. Lot lines have been aligned to minimize the number of abutting neighbors to the existing R-E
(1.8 acre lots) to the south of this project in Loch Lomond Subdivision.
. Plat note #5 does not address the required 6-foot (6') side utility easement a revised
preliminary plat should be provided prior to the submittal of a design review application.
. Lot 2, Block I has a structure located along the north property line within the required 10 foot
interior side setback of the R-2 zone. The structure should be removed prior to the clerk
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signing the final plat. A demolition permit from the City of Eagle Building Department
should be received prior to removal of the structure.
. The applicant is requesting, through a development agreement, that the existing house be able
to retain the existing septic and well and not connect to a centralized water and sewer system.
Under Eagle City Code 8-2-1 centralized water and sewer must be provided to this lot and the
existing well and septic systems abandoned for domestic use prior to the city clerk signing of
the final plat. There is no allowance for a waiver of this code provision.
STAFF RECOMMENDED FINDINGS:
. Rezone: With regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided to staff to date, staff believes that the
proposed rezone, as conditioned herein, is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The requested zoning designations R-2 is equal to or less than the Residential Two
shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve any and all uses allowed on this property under the
proposed zone;
c. The proposed R-2 zone (two units per acre maximum) is compatible with the R-2-DA
zone (two units per acre maximum with a development agreement) land use to the
east;
d. The proposed R-2 zone (two units per acre maximum) is compatible with the R-2 zone
(two units per acre maximum) land use to the west;
e. The proposed R-2 zone (two units per acre maximum) is compatible with the R-E
zone (1 unit per two acres) land use to the south since the orientation of the lot lines
adjacent to the property to the south are compatible;
f. The proposed R-2 zone (two units per acre maximum) is compatible with the R-2 zone
(two units per acre maximum) land use to the north;
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.
. Preliminary Plat: With regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the
Commission and Council", and based upon the information provided to staff to date, staff
believes that the proposed preliminary plat is in accordance with the City of Eagle Code
because:
I. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or Eagle City
Code Title 9, as shown within the findings provided within this document and the
proposed residential use is in accordance with the residential land use designation of
this area shown within the Comprehensive Plan;
2. The subdivision will be served adequately by essential public facilities such as streets,
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police and fire protection, schools, drainage structures, refuse disposal, and sewer; or
that the persons or agencies responsible for the establishment of the proposed use shall
be able to provide adequately any such services, as noted in the documentation
provided from said agencies and as required as a part of the conditions of approval;
3. That there are no known capital improvement programs for which this development
would prevent continuity;
4. That based upon agency verification and additional written comments of the Eagle
Fire District and Eagle Sewer District, as conditioned herein, there is adequate public
financial capability to support the proposed development;
5. That any health, safety and environmental problems that were brought to the
Commission and Council's attention have been adequately addressed by the applicant
or will be conditions of approval as set forth within the conditions of approval herein.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Annexation,
Rezone, and Preliminary Plat with conditions as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
June 5, 2006, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by one (I) who indicated the well and septic serving the existing residence are in
great shape. The owners would like to continue the use of the existing well and septic.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by one (I) individual who indicated that several individuals have filed a petition
for Judicial Review of similar density subdivisions in the area and feels that there should not
be additional subdivisions approved until the Judicial Review process is complete. This
individual also indicated concerns regarding additional traffic on N. Park Lane and did not feel
this development transitioned well with the surrounding developments in the area.
COMMISSION DECISION REGARDING THE REZONE AND DEVELOPMENT
AGREEMENT:
The Commission voted 4 to I (Zastrow against) to recommend approval of A-05-06 and RZ-05-06
for an annexation and rezone from RUT to R-2-DA with the recommended conditions to be placed
within a development agreement as shown in their findings of facts and conclusions of law dated
June 19, 2006.
COMMISSIONS DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 1 (Zastrow against) recommend approval of PP-05-06 for a
preliminary plat for Park Lane Estates with the staff recommended site specific conditions of
approval and standard condition as shown within their findings of fact and conclusions of law
dated June 19,2006.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July II, 2006, at
which time testimony was taken and the public hearing was continued to August 8, 2006, at
which time the public hearing was closed. The Council made their rdecision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by four (4)
individuals who indicated the well and septic serving the existing residence are in great shape.
The owners would like to continue the use of the existing well and septic.
C. Oral testimony in opposition to this proposal was presented to the City Council by one (1)
individual who indicated that several individuals have filed a petition for Judicial Review of
similar density subdivisions in the area and feels that there should not be additional
subdivisions approved until the Judicial Review process is complete. This individual also
indicated concerns regarding additional traffic on N. Park Lane and did not feel this
development transitions well with the surrounding developments in the area.
COUNCIL DECISION REGARDING THE REZONE AND DEVELOPMENT AGREEMENT:
The Council voted 3 to 0 (Nordstrom absent) to approve of A-05-06 and RZ-05-06 for an
annexation and rezone from RUT to R-2-DA with the following conditions to be placed within a
development agreement with underlined text to be added by the Council.
CONDITIONS TO BE PLACED IN A DEVELOMENT AGREEMENT:
2.1 The development shall contain no more that seven (7) residential units
2.2 The development shall not exceed 1.29 units per acre.
2.3 The Concept Plan date stamped August 2, 2006 (Exhibit A) represents the Owner's current
concept for completion of the project. The City understands and agrees that certain changes in that
concept may occur or be required. If the City determines that any such changes require additional
public comment due to potential impacts on surrounding property or the community, a public
hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as
may be required by the City.
2.4 The applicant shall obtain a license agreement from ACHD, to allow the right-of-way between this
property and the edge of pavement along N. Park Lane and the interior streets to be landscaped
prior to the City of Eagle signing the final plat.
2.5 All property will be annexed into the Eagle Sewer District prior to the submittal of the final plat
application.
2.6 The applicant shall remove all structures (houses, barns, sheds, etc.) within the required setbacks
for the R-2 zone prior to the clerk signing the final plat. Demolition permits shall be obtained
from the City of Eagle Building Department prior to the removal of the structures.
2.7 The existing home (Lot 2, Block I) mav continue the use of the existing well and septic, however
the applicant shall provide a stub-out for public water and sewer service to the existing home prior
to issuance of anv building permits for the subdivision.
2.8 The applicant shall work with the Chevron Pipeline Companv to install cover over the pipeline.
The applicant shall provide the Citv a letter of agreement conceming the method of pipeline
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protection from the Chevron Pipeline Companv prior to submittal of a Design Review application.
2.9 Provide a revised preliminary plat with a plat note indemnifying the City from liability for all
construction and work within the pipeline easement prior to submittal of a DR application.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 3 to 0 (Nordstrom absent) to approve PP-05-06 for the Park Lane Estates
Subdivision for Chad Moffat with the following site specific conditions of approval and standard
conditions of approval with underlined text to be added by the CounciL.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-05-06.
2. Comply with all applicable requirements of the City Engineer as stated in their letter dated June 5,
2006.
3. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
4. The applicant shall be annexed into the Eagle Sewer District prior to the Council adoption of the
rezone ordinance for this property.
5. Provide a landscape plan showing berming, fencing, and planting details within the required 35-foot
wide buffer area along Park Lane abutting this site for review and approval by the Design Review
Board prior to the submittal of a final plat.
6. Comply with all requirements of the Ada County Highway District, specifically (but not limited to)
roadway design and construction of sidewalks.
7. Provide a revised plan showing as-foot (5') detached sidewalk to be constructed along all interior
roadways in this development, including cul-de-sacs. The revised plan shall be reviewed and approved
by staff prior to the City Clerk signing the final plat.
8. Provide a revised preliminary plat showing note #5 changed to reflect a rear lot line drainage and
utility easement of I2-feet wide and a side lot line drainage and utility easement of 6-feet wide on all
lots prior to the submittal of the final plat application.
9. The applicant shall submit a design review application and landscape plan showing trees, landscaping,
berming, proposed signage, and planting details within the required buffer area along Park Lane
abutting this site and any proposed sign age and fencing for review and approval by the Design Review
Board prior to the submittal of a final plat application.
10. Extend the landscaping within the required buffer area along Park Lane to within 9-feet from the edge
of pavement. The 9-feet between the landscaping and edge of pavement (along the entire frontage of
this site) shall be graveled as approved by ACHD. The gravel shoulder area shall be maintained and
kept free of weeds and debris.
II. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at the front of each lot generally at each side property line, or as approved by the
Design Review Board. The trees shall be located in the 8-foot wide landscape strip between the 5-foot
wide concrete sidewalk and the curb. 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
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prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if
weather does not permit landscaping.
12. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be
integrated into the open space areas or private lots (unless approved for removal by the City Forester
and the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. The applicant shall have an on-site meeting with the City Forester to survey
all existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant
to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement
of any construction on the site.
13. Provide detailed building elevations of any structures proposed to house the pressurized irrigation
pump. The detailed elevations, colors and materials shall be reviewed and approved by the Design
Review Board prior to the City Clerk signing the final plat.
14. Useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos,
and/or similar amenities as determined by the City Council shall be provided within the open space
areas. Landscape plans showing open space amenities shall be reviewed and approved by the Design
Review Board, prior to the City approving a final plat.
15. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of a final development plan and final plat. The plans shall
show how the streetlights will facilitate the "Dark Sky" concept of lighting.
16. 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.
17. The applicant shall install at the entrances to Park Lane Estates Subdivision 4' x 4' plywood or other
hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs being a minimum of 3-
feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
18. Any overhead utilities serving the site shall be located underground.
19. All street names shall comply with the requirements of the Ada County Street Naming Committee.
20. The applicant shall place a note on the final plat that all common areas are to be owned and maintained
by the Park Lane Estates Homeowner's Association. The applicant shall provide a copy of the CC&Rs
(which include a similar statement regarding the common areas) for review and approval by the City
attorney prior to the approval of the final plat for phase one. The CC&Rs for the Park Lane Estates
Homeowner's Association shall provide that the association shall have the duty to maintain and
operate all of the common landscape areas in the subdivision in a competent and attractive manner,
including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle
City Code, in perpetuity.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
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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. Department of Environmental Quality 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 r.c. 39-1 18).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
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, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
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12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
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.
15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed 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.
The applicant shall record the subdivision CC&R's in the office of the Ada County Recorder prior
to the sale of the first lot. The applicant shall provide the City a copy of the recorded CC&R's prior
to the issuance of any building permits.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
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required landscaping, common area and subdivision sign age prior to the City Engineer signing the
final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
24. 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.
25. Basements in homes in the flood plain are prohibited.
26. 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.
27. 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.
28. 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.
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29. 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
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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:
I. A Neighborhood Meeting was held at 6:00 PM, April 5, 2006 on site in compliance with the
application submittal requirement of Eagle City Code. The annexation, rezone and preliminary plat
applications for this item were received by the City of Eagle on April 5, 2006.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on May 22, 2006. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on May 19.2006. The site was posted in accordance
with the Eagle City Code on May 26, 2006. Requests for agencies' reviews were transmitted on May
19, 2006 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on June 26, 2006.
Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of
the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code on June 26, 2006, 2006. The site was posted in accordance with the Eagle City Code
on June 28, 2006. Requests for agencies' reviews were transmitted on June 26, 2006, 2006 in
accordance with the requirements of the Eagle City Code.
3. The City Council reviewed the particular facts and circumstances of this proposed annexation and
rezone (A-05-06/RZ-05-06) 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 annexation and
rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and
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objectives because:
a. The requested zoning designation of R-2-DA (1.29 dwelling units per acre with a
development agreement) is equal to or less than the Residential Two Classification shown
on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be
provided, to serve any and all uses allowed on this property under the proposed zone;
c. The proposed R-2-DA zone (1.29 units per acre maximum with a development agreement)
is compatible with the R-2-DA zone (1.29 units per acre maximum with a development
agreement) land use to the east since this area is being developed in a similar manner as
this development, and;
d. The proposed R-2-DA zone (1.29 units per acre maximum with a development
agreement)is compatible with the R-2 zone (1.29 units per acre maximum) land use to the
west since this area is being developed in a similar manner as this development, and;
e. The proposed R-2-DA zone (1.29 units per acre maximum with a development agreement)
is compatible with the zoning land use to the south since the orientation of the lot lines
adjacent to the property to the south are compatible;
f. The proposed R-2-DA zone (1.29 units per acre maximum with a development agreement)
is compatible with the R-2 zone (two units per acre maximum) and land use to the north
since this area is being developed in a similar manner as this development, and;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. The proposed use as conditioned within the development agreement will not create a non-
conforming use with the R-2 zone.
4. The City Council reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-05-06) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The subdivision will be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as
shown within the findings provided within this document and the proposed residential use
is in accordance with the residential land use designation of this area shown within the
Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets,
police and fire protection, schools, drainage structures, refuse disposal, and sewer; or that
the persons or agencies responsible for the establishment of the proposed use shall be able
to provide adequately any such services, as noted in the documentation provided from said
agencies and as required as a part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle Fire
District and Eagle Sewer District, as conditioned herein, there is adequate public financial
capability to support the proposed development;
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e. That any health, safety and environmental problems that were brought to the Commission
and Council's attention have been adequately addressed by the applicant or will be
conditions of approval as set forth within the conditions of approval herein.
DATED this 22nd day of August 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Recording Requested By and
When Recorded Return to:
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement, made and entered into on the date as indicated herein, by
and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and
through its Mayor, and Park Lane Development, LLC. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 1835 N.
Park Lane, Eagle, Idaho, ("Property"), as specifically defined in the attached legal description
(Exhibit A) which is the subject of an application for Rezone identified as Rezone Application
No. RZ-5-06; and
WHEREAS, the proposed development includes properties within an area currently
zoned RUT (Rural Urban Transition); and
WHEREAS, the Applicant desires an R-2-DA (Residential with a development
agreement) zoning classification to develop a twelve (12) lot (7 buildable) residential
subdivision on the above described property which is herein referred to as the "Property"; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that allowing an R-2 zoning designation for the Property must be limited with a
development agreement to prevent undue damage to, and to otherwise be in harmony with the
Comprehensive Plan, the existing uses on the site and the community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of
Applicant's use and enjoyment of the Property while at the same time limiting any adverse impacts
of the development upon neighboring properties and the existing community and ensuring the
Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, the Applicant has agreed to the use restrictions and other limitations set forth
herein upon the use and development of the Property and has consented to an R2-DA (Residential
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with a development agreement) zoning designation for the Property with the requirements set forth
in this Development Agreement; and
WHEREAS, the Applicant has previously provided Eagle with an affidavit agreeing to
submit the Property to a Development Agreement pursuant to Eagle City Code Section 8-10-
I (C)(l); and
WHEREFORE, the Applicant and the City of Eagle desire to resolve the issues and
concerns that have arisen and for and in consideration of the mutual covenants contained herein,
it is agreed as follows:
ARTICLE I
CONDITIONS OF DEVELOPMENT
2. I The development shall contain no more that seven (7) residential units
2.2 The development shall not exceed 1.29 units per acre.
2.3 The Concept Plan date stamped August 2, 2006 (Exhibit A) represents the Owner's current
concept for completion of the project. The City understands and agrees that certain changes in that
concept may occur or be required. If the City determines that any such changes require additional
public comment due to potential impacts on surrounding property or the community, a public
hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as
may be required by the City.
2.4 The applicant shall obtain a license agreement from ACHD, to allow the right-of-way between this
property and the edge of pavement along N. Park Lane and the interior streets to be landscaped
prior to the City of Eagle signing the final plat.
2.5 All property will be annexed into the Eagle Sewer District prior to the submittal of the final plat
application.
2.6 The developer shall remove all structures (houses, barns, sheds, etc.) within the required setbacks
for the R-2 zone prior to the clerk signing the final plat. Demolition permits shall be obtained
from the City of Eagle Building Department prior to the removal of the structures.
2.7 The existing home (Lot 2, Block I) may continue the use of the existing well and septic, however
the applicant shall provide a stub-out for public water and sewer service to the existing home prior
to issuance of any building permits for the subdivision.
2.8 The applicant shall work with the Chevron Pipeline Company to install cover over the pipeline.
The applicant shall provide the City a letter of agreement concerning the method of pipeline
protection from the Chevron Pipeline Company prior to submittal of a Design Review application.
2.9 Provide a revised preliminary plat with a plat note indemnifying the City from liability for all
construction and work within the pipeline easement prior to submittal of a Design Review
application.
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ARTICLE II
AFFIDA VIT OF PROPERTY OWNERS
3. I An affidavit of all owners of the Property agreeing to submit the Property to this
Development Agreement and to the provisions set forth in Idaho Code Section 67-6511A and
Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE II
DEFAULT
4.1 In the event the Applicant fails to comply with the commitments set forth herein, within
thirty (30) days of written notice of such failure from Eagle, Eagle shall have the right,
without prejudice to any other rights or remedies, to cure such default or enjoin such
violation and otherwise enforce the requirements contained in this Development Agreement
or to terminate the Development Agreement following the process established in Eagle City
Code Section 8-10-1.
4.2 If required to proceed in a court of law or equity to enforce any provision of this
Development Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so
incurred to cure or enjoin such default and to enforce the commitments contained in this
Development Agreement, including attorneys' fees and court costs.
ARTICLE IV
UNENFORCEABLE PROVISIONS
5.1 If any term, provision, commitment, or restriction of this Development Agreement or the
application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument shall terminate and the zoning of the property
shall revert to the A-R (Agricultural Residential) zoning designation unless the portion of this
instrument determined to be invalid or unenforceable is re-negotiated in good faith between the
Applicant (or other appropriate party) and Eagle as an amendment to the Development
Agreement processed in accordance with the notice and hearing provisions of Idaho Code
Section 67-6509, as required by Eagle City Code Section 8-10-1.
ARTICLE V
ASSIGNMENT AND TRANSFER
6. I After its execution, the Development Agreement shall be recorded in the office of the County
Recorder at the expense of the Applicant. Each commitment and restriction on the
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development shall be a burden on the Property, shall be appurtenant to and for the benefit of
the Property, adjacent property, and other residential property near the Property and shall run
with the land. This Development Agreement shall be binding on the Applicant and owners,
and their respective heirs, administrators, executors, agents, legal representatives, successors,
and assigns; provided, however, that if all or any portion of the development is sold, the
sellers shall thereupon be released and discharged from any and all obligations in connection
with the property sold arising under this Agreement. The new owner of the Property or any
portion thereof (including, without limitation, any owner who acquires its interest by
foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other
obligations arising under this Agreement with respect to the Property or portion thereof.
ARTICLE VI
GENERAL MATTERS
7.1 Amendments. Any alteration or change to this Development Agreement shall be made only
after complying with the notice and hearing provisions of Idaho Code Section 67-6509, as
required by Eagle City Code Section 8-10- 1.
7.2 Paragraph Headings. This Development Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Titles and captions are for convenience
only and shall not constitute a portion of this Development Agreement. As used in this
Development Agreement, masculine, feminine or neuter gender and the singular or plural
number shall each be deemed to include the others wherever and whenever the context so
dictates.
7.3 Choice of Law. This Development Agreement shall be construed in accordance with the
laws of the State of Idaho in effect at the time of the execution of this Development
Agreement. Any action brought in connection WIth this Development Agreement shall be
brought in a court of competent jurisdiction located in Ada County, Idaho.
7.4 Legal Representation. Both the Applicant and Eagle acknowledge that they each have been
represented by legal counsel in negotiating this Development Agreement and that neither
party shall have been deemed to have been the draftor of this agreement.
7.5 Notices. Any notice which a party may desire to give to another party must be in writing and
may be given by personal delivery, by mailing the same by registered or certified mail, return
receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery
service, to the party to whom the notice is directed at the address of such party set forth
below;
Eagle:
City of Eagle
660 E. Ci vic Lane
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Eagle, Idaho 83616
Owner:
Park Lane Development, LLC
1842 Lakemoor Way
Eagle, Idaho 83616
Or such other address and to such other persons as the parties may hereafter designate. Any
such notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours
after deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-
four (24) hours after timely deposit with a reputable overnight delivery service.
7.6 Effective Date. This Development Agreement shall be effective upon the signing and
execution of this agreement by both parties.
7.7 Termination. This agreement terminates upon completion of Conditions of Development or
after 7-years after the Effective Date, whichever occurs first.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this _ day of
,2006.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
By:
Nancy C. Merrill, Mayor
ATTEST:
Sharon K. Bergmann, City Clerk
By:
Chad Moffat, Managing Member, Park Lane
Development, LLC
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STATE OF IDAHO )
: ss.
County of Ada)
On this _ day of , 2006, before the undersigned notary public in and for
the said state, personally appeared NANCY C. MERRILL, known or identified to me to be the
Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf of
said City and acknowledged to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO )
: ss.
County of Ada)
On this _ day of , 2006, before the undersigned notary public in and for
the said state, personally appeared Chad Moffatt, Managing Member, Park Lane Development,
LLC, known or identified to me to be Owner of the property referenced herein and the person
who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
Notary Public for Idaho
Residing at:
My Commission Expires:
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