Findings - PZ - 2005 - PP-3-05 - Lakemoor Subd/178.52 Acre/240-Lot/142 Res/53-Comm/45 Common
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A PRELIMINARY PLAT FOR LAKEMOOR
SUBDIVISION FOR BW EAGLE LLC
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-3-0S
The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission
for their recommendation on April 4, 2005. The Eagle Planning and Zoning Commission having heard
and taken oral and written testimony, and having duly considered the matter, makes the following Findings
of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
BW Eagle, LLC, represented by Dan Torfin, is requesting preliminary plat approval for
Lakemoor Subdivision. The 178.52-acre, 240-lot (142-residential, 53-commercial, 45-
common) subdivision is located on the east side of Eagle Road approximately 1O0O-feet
north of Chinden Boulevard.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on February 10, 2005.
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 March 14, 2005. 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 March 9, 2005. Requests for agencies' reviews were transmitted on February 11,
2005, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 12, 2003, the City Council approved a Comprehensive Plan Amendment
(CPA-4-02) to change the land use designation on the Comprehensive Plan Land Use Map
from Residential Two (up to two dwelling units per acre) to Mixed Use, an annexation and
rezone (A-3-02 & RZ-5-02) from RUT (Rural Urban Transitional) to MU-DA (Mixed Use
with Development Agreement) and a rezone from R-2 (Residential-up to two dwelling
units per acre) to MU-DA (Mixed Use with Development Agreement) for this site.
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Mixed Use MU-DA (Subsequent to the Rural Residences &
approval of Ordinance #510) Pasture
Proposed No Change No Change Planned Community
consisting of Office,
Commercial, and
Residential
North of site Residential Two (up to RUT (Residential- Ada County Proposed Laguna Pointe
two dwelling units per designation) - Approved for R-E- CommerciallResidential
acre maximum) & DA-P/R-2-DA-P/MU-DA Subdivision
approved for Mixed
Use
South of site Residential One (up to R-l (Residential) Single-family residences
one dwelling units per
acre maximum)
East of site Not in Eagle Area of RUT (Residential- Ada County Boise City Wastewater
Impact designation) facility
West of site Residential Two (up to R-2 (Residential) & R-2-P Rural Residences &
two dwelling units per (Residential PUD) Banbury Meadows
acre maximum) Subdivision
G.
DESIGN REVIEW OVERLAY DISTRICT: Not located within the CEDA, DDA or TDA.
H.
SITE DATA:
Total Acreage of Site - 178.52-acres
Total Number of Lots - 240
Residential - 142
Commercial - 53
Industrial - 0
Common - 45
Total Number of Units - 142
Single-family - 142
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* Area A: 4.25-units per acre 5-units per acre maximum
Area B: 1.82-units per acre 2-units per acre maximum
Area C: 3.6-units per acre 4-units per acre
Minimum Lot Size* 4,982-square feet 5,000-square feet in Area A
7,000-square feet in all other
areas
Minimum Lot Width 50-feet 50-feet in the MU zoning
district
Minimum Street Frontage 30-feet O-feet (frontage required only
in residential zoning districts)
Total Acreage of Common Area 3.01-acres for Area A 2.35-acres (min.) for Area A
.98-acres for 10% minimum
plus 1.37 -acres for lots smaller
than the minimum (7,000 SF) -
per ECC Section 8-2-4 (G)
Percent of Site as Common Area 28% for Area A 24% (minimum) see above
* As limited in the development agreement.
A portion of the site (Area H and I) is encouraged by the City to be developed as multi-family,
allowing up to six-units per acre, although the applicant is permitted to construct office uses
instead.
The residential "Carriage Home Sites" (Area A) shall be developed in a combination of attached
town homes and detached patio homes at an approximate density of five units per acre.
0
Setbacks and Minimum lot size proposed for the Carriage lots:
Front
Rear
Common Side (town home)
Interior Side
Additional Setback for
Multi-Story structures
Street Side
15 feet
10 feet
0 feet
5 feet
5 feet
15 feet
Minimum Lot Size
5,000 square feet
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The residential "Luxury Home Sites" (Area B) shall be developed for single-family detached
homes at an approximate density of two units per acre.
0
Setbacks proposed for the Luxury lots:
Front
Rear
Interior Side
Additional Setback for
Multi-story structures
Street Side
20 feet
25 feet
7.5 feet
5 feet per story
20 feet
The residential "Custom Home Sites" (Area C) shall be developed in single-family detached
homes at an approximate density of four units per acre.
0
Setbacks proposed for the Custom lots:
Front
Rear
Interior Side
Additional Setback for
Multi-story structures 2.5 feet per story - When the 2nd story wall section is
designed to be offset toward the inside of the house from the lower story so
that there is a "break" in the plane of the wall sections between stories then
the second story setback may be reduced by 2.5 feet.
5 feet per story - When the first and second story wall
sections are designed as a flat, single plane then the side setback shall be
increased by 5 feet for a total side setback of 12.5 feet.
20 feet
25 feet
7.5 feet
For the purposes of implementation of the setbacks noted herein, the first
story shall have a top plate no higher than ten feet (10').
Street Side
20 feet
1.
GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Will provide a total of 28% common area which consists of waterways, open space, and
pathways.
The applicant (as required in the approved development agreement) is to construct a 10-
foot wide asphalt pathway within the Chevron Pipeline easement as shown on the City's
Transportation/Pathway Network Maps. Further details regarding pathway connections
within the development are provided below under the "Discussion" portion of the Staff
Analysis.
The applicant is also required to provide a 30-acre (approximate) park site along the
eastern boundary of the property (Area J as generally depicted in the development
agreement) which is then to be developed, owned and maintained by the City of Eagle.
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Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements (when deemed necessary) 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) - not allowed
Preservation of Existing Natural Features:
There are numerous existing trees (which are required to be evaluated by the City
Forester) as well as various minor water courses located on and within the site. Eagle City
Code Section 9-3-8 (B) states that 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 subdivision.
Preservation of Existing Historical Assets:
Staff is Bet aware of aÐj' preservation of existing historical assets on the site, e.g. both the
Oregon Trail and associated campsites. If during excavation or development of the site,
any historical artifacts are discovered, State law requires immediate notification to the
State.
J.
STREET DESIGN:
Private or Public Streets: Public and Private
The applicant is to construct one public roadway (East Lakemoor Parkway) through the
site (separating the commercial portion from the residential) to act as the "spine" road to
serve the development. This roadway (located within 72-feet of right-of-way) is to be
constructed with two 21-foot wide travel lanes, separated by landscape islands with "cut
outs" and small roundabouts for vehicle circulation and turning movements. Vertical curb
and gutter and detached five-foot (5') wide concrete sidewalks (separated from the back of
curb by six-foot wide landscape strips) are to be constructed on both sides of the
roadways.
The applicant is proposing to construct a system of private streets (located within 33-foot
wide common lots) to serve the dwelling units, with the paved portions of the streets to be
constructed 28-feet wide. The applicant is proposing to a construct four-foot (4') wide
concrete sidewalk separated from the back-of-curb by a five-foot (5') wide landscape strip
along one side of the private streets. Eagle City Code requires the construction of five-
foot wide sidewalks abutting both sides of all streets.
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The commercial portion of the development will gain access from East Lakemoor Parkway
and traffic will circulate between the commercial lots via shared parking and drive aisles.
Applicant's Justification for Private Streets:
The applicant's justification letter date stamped by the City on February 10, 2005, is
incorporated herein by reference. Also, see the "Discussion" portion of the Staff Analysis
below.
Blocks Less Than 500': None
Cul-de-sac Design:
Extending from Lakemoor Parkway, East Three Bridges Lane is a 700-foot (approximate)
long cul-de-sac and East Waterpoint Place is 1,200-feet (approximate) in length with a
"knuckle" located at the approximate midpoint to provide for turning movements. East
Parkway Path is a 400-foot (approximate) long cul-de-sac extending southeasterly from
the intersection of Parks ide and Parkway Path; a fourth cul-de-sac (approximately 40-feet
long) extends northeasterly from the midpoint of Parkside Creek. Each cul-de-sac
contains a central landscape island and is designed with a radius of 50-feet to allow for
turning movements.
Sidewalks, Curbs and Gutters:
See "Private or Public Streets" above.
Lighting:
Lighting for the subdivision is required. Location and lighting specifications shall be
provided to the City Zoning Administrator prior to the City approving the final plat.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to
date. Approval from that committee is required prior to final plat approval.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
See "Discussion" portion of the Staff Analysis below.
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:
See "Open Space, Greenbelt Areas and Landscape Screening" noted above.
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - The Boise River Floodplain is designated a Hazard
Area and Special Area in the Comprehensive Plan.
The Plan specifies additional development criteria
and calls for special consideration relating to any
proposed development within the Boise River
Floodplain.
Evidence of Erosion - none specifically noted in the EAP
Fish-no
Floodplain - 100 and 500-year
Floodway - no
Mature Trees - yes
Riparian Vegetation - yes
Steep Slopes - none shown to exist
Stream/Creek - yes
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - none shown to exist as noted in the EAP
Wildlife - yes
O.
SUMMAR Y OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
An EAP report was previously submitted with the Comprehensive Plan Amendment and
Annexation and Rezone applications (CPA-4-02/A-3-02/RZ-5-02).
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Drainage District No.4 (Ringert & Clark)
Eagle Sewer District
Idaho Power
Idaho Transportation Department
Joint School District No.2
United Water Company
Q.
LETTERS FROM THE PUBLIC: None received to date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 1 - Overview
1.3 The City of Eagle Vision Statement
In 1999, City of Eagle citizens envision their future town as a well-planned
community that encourages diversified living and housing opportunities,
economic vitality that offers jobs for residents, and places for people to recreate
and enjoy Eagle's natural beauty.
b. known as a highly livable town that successfully balances many of the rural
elements of its heritage with growth;
f.
an economically strong city that fosters local businesses and clean industry.
Chapter 3 - Population
3.3
Goal
To promote a high quality of life and livability in the community.
Chapter 5 - Economic Development
5.1
Background
The economic development component of the Comprehensive Plan discusses the
economics and employment in Eagle. The city encourages appropriate economic
development while retaining those attributes that give Eagle its special living and
working environment.
5.5
Implementation Strategies
f. New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural residential identity.
Chapter 6 - Land Use
6.1
Background and Existing Conditions
Managing growth and channeling it into orderly community development is the
key element of land use planning. Unplanned growth results in undesirable land
use patterns. Areas within the City and within the Impact Area are given land use
designations which are depicted on the Comprehensive Plan Land Use Map,
hereinafter referred to as the "Land Use Map".
The Land Use Map is an integral part of the Comprehensive Plan. It serves as a
planning policy document and planning tool that will assist the City in sustaining
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responsible growth and development to ensure that evolving land use patterns
remain consistent with goals, objectives and strategies of the Plan.
6.2
Land Use Designations
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial,
and residential developments. Uses should complement uses within the Central
Business District (CBD). Development within this land use designation should be
required to proceed through the PUD and/or Development Agreement process.
Residential density of up to twenty dwelling units per gross acre may be
considered by the City for this area.
6.7
Implementation Strategies
Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, fire, recreational areas, highways and
transportation systems.
Chapter 8 - Transportation
8.3.1
Paths
Function: To provide for recreation and alternative transportation; important to
provide safe continuous thoroughfares with minimal cross flow of vehicular
traffic.
Location: Paths could be located on corridors separate from roadways such as
utility easements, irrigation canals, or adjacent to rivers or creeks. Paths could
also be located along roadway right-of-ways and would usually be separated from
vehicle travel lanes and the paved section of the roadway by a median or sidewalk.
8.6 - Implementation Strategies
e.
Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway Network
Maps #1 and #2, adopted local and regional pathway plans, as may be needed for
intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is
not unnecessarily pushed out onto arterials and collectors.
m. Establish and require minimum setbacks between developments and roadways
and to encourage installation of berms and landscaping for all developments to
enhance safety and to enrich the roadway and community appearance.
p. Encourage sidewalks that are separated from the curb on all streets, except for
areas where Eagle City Code requires sidewalks to abut the curb and where
existing buildings, inordinate environmental impacts, or other impacts make
setting the sidewalk back infeasible. Meandering sidewalks should be required
where space permits. A planter strip of sufficient width for street trees between
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the sidewalk and roadway should be required to provide a canopy effect over the
roadways. The type of street trees used should be those which have root systems
that have proven to not cause sidewalk or curb damage when in close proximity to
such improvements.
Chapter 9 - Parks, Recreation and Open Spaces
9.5
Pathways and Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e.
the Boise River and Dry Creek) and are designed to prevent undesirable
encroachment. Greenbelts may include pathways and/or bike lanes.
9.5.2
Objectives
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
9.6
Open Space
Open space is land which is not used for buildings or structures and offers
opportunities for parks, recreation, water amenities, greenbelts, river trails and
pathways, tourism, leisure activities, viewpoints, and wildlife habitat.
9.6.1
Goal
To provide wherever possible open space and natural features such as natural river
frontage, greenbelts, river trails and pathways, creeks, flood plains and flood
ways, drainage ways and canals, development buffers, wooded areas, grasslands,
foothills, and viewpoints for public use and enjoyment.
9.6.2
Objectives
a. To establish open space to protect the finite resource base of Eagle's natural
environment - air, ground water, surface water, soil, forested areas, plant and
wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and
wetlands.
b. To provide an open space setting for active and passive recreation for all age
groups throughout the community.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
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c.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 9-3-2-1 (G) (2) Cul-de-sac Streets:
Cul-de-sac streets shall not be more than five hundred feet (500') in length and shall
terminate with an adequate circular turnaround having a minimum radius of fifty feet (50')
of right of way.
.
ECC Section 9-3-2-1 (H) Half Streets:
Half streets shall be prohibited except where unusual circumstances make such necessary
to the reasonable development of a tract in conformance with this title and where
satisfactory assurance for dedication of the remaining part of the street is provided.
Whenever a tract to be subdivided borders on an existing half or partial street, the other
part of the street shall be dedicated within such tract.
.
ECC Section 9-3-2-5 Private Streets:
From the effective date hereof, private streets shall not be permitted. It is not the intent of
this code to preclude the development of alternate public street designs and right of way
widths as may be approved by the highway district having jurisdiction, and the city of
Eagle.
.
ECC Section 9-3-6 (A) EASEMENTS, states in part:
Total easement width shall not be less than twelve feet (12').
.
ECC Section 9-4-1-6 (D) Pathway Design:
While the city may exercise considerable discretion in determining the design of
pathways, the following minimum standards should 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 six feet (6') wide and shall be located
within a sixteen foot (16') wide pedestrian access easement. 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.
.
ECC Section 9-4-1-6 (F) Sidewalk Design:
1. Sidewalks, a minimum five (5') feet 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 five-foot (5') wide landscape strip. The landscape strip shall be
completed with sod, automatic irrigation, and planted with 3-inch 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.
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D.
DISCUSSION:
.
The City Council approved a comprehensive plan amendment (CP A-4-02), and an annexation
and rezone (A-3-02 & RZ-5-02) from RUT (Rural Urban Transitional) to MU-DA (Mixed Use
with development agreement) for this site on August 12, 2003. The development agreement
included a concept plan showing the areas for various land uses as well as a general lot, block,
and street layout. In most regards, the proposed preliminary plat meets the objectives and
intent of the development agreement and any differences are addressed below. For
considerations of brevity, the conditions of the development agreement are referenced rather
than reiterated within this report (a copy of the development agreement is incorporated herein
by reference).
.
On November 11, 2003, the City Council adopted an ordinance prohibiting the construction of
private roads in lieu of public roads to provide access to residential properties. As noted in the
justification letter of February 10, 2005, the applicant states that it was the intention of the
developer to construct a combination of public and private streets to serve the site (as shown
on the concept plan), and that the Council's approval of the development agreement
guarantees the use and construction of the private roads. While staff concurs that the
development agreement provides exclusive rights in the development of the property, it
remains unclear as to whether the private roadways were considered in the original proposal.
Further, item 3.1 of the development agreement states in part that the development"... shall
comply with the Eagle City Code, as it exists at the time such applications (preliminary plat)
are made except as otherwise provided within this Agreement." Since there does not appear to
be clear substantiation that private roads were indeed a part of the rezone and development
agreement, and because Eagle City Code does not permit private streets, the residential areas
of the site should be served by public roadways only. Staff will defer to the Planning and
Zoning Commission and the City Council to determine whether the private streets as proposed
should be approved.
.
The 2000 Eagle City Comprehensive Plan's Transportation/Pathway Network Map #1 of 2
shows a pathway traveling within the Chevron Pipeline easement that bisects the subject site.
As required within the approved development agreement, the applicant will construct a 10-foot
wide asphalt pathway in the majority of the easement and will divert the said pathway at the
northern end of the easement to travel along Lakemoor Parkway and then connect to a
proposed 6-foot wide concrete sidewalk to be constructed along Eagle Road abutting this site.
In addition to the applicant constructing the Eagle Road sidewalk and pathway within the
pipeline easement, the applicant has proposed to construct a 6-foot wide gravel pathway
traveling east-west generally along the Warm Springs Slough within the southern area of the
development. On February 16, 2005, the City's Park and Pathway Development Committee
made recommendations regarding the construction of pathways within the Lakemoor
Subdivision as generally described above and as shown on the map presented to the
Committee.
.
With the recent approval of the Comprehensive Plan Amendment for the Laguna Pointe PUD
north of this site, a roadway connection was negotiated to be located between Laguna Pointe
and Lakemoor to provide connectivity between the two developments. This connection
essentially would bisect the development in a way that would separate residential units from
the primary residential area, if the site were developed as shown on the concept plan attached
to the development agreement. In light of this scenario, the applicant has proposed to place a
commercial lot between the connecting roadway and the buffer area along Eagle Road. Given
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the recent inclusion of the connecting roadway, the undesirability of isolating a residential lot
from the rest of the residential uses, as well as the flexibility afforded through the development
agreement, staff agrees that the placement of a commercial lot in this subject area (Lot 1,
Block 1) is a minor change from the original concept plan and should be approved.
.
ECC Section 9-3-2-1 (G) requires cul-de-sac streets to not be more than five hundred feet
(500') in length to terminate with an adequate circular turnaround having a minimum radius of
fifty feet (50') of right of way. The applicant has delineated two (2) cul-de-sacs on the
preliminary plat which are in excess of 500-feet in length.
.
Past City Council action has permitted cul-de-sac roadways to exceed the maximum length
permitted by Eagle City Code in subdivisions including the Brookwood PUD and Cottonwood
Creek. In these cases, the maximum required cul-de-sac length has been waived subsequent
to approval by the Eagle Fire District. The applicant should construct intermediate
turnarounds or "knuckles" located at certain locations which comply with the maximum
required cul-de-sac length unless the Eagle Fire District approves the cul-de-sac lengths in
excess of 500-feet and the City Council determines a waiver of the maximum cul-de-sac
length of 500-feet is warranted.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on April 4,
2005, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by two (2) individuals who felt that the commercial development of the property would have an
undesirable impact on their residential properties; that gated communities were a bad concept; there
would be a negative impact on surrounding sites due to light "spillage"; the roadway connection to
Chin den Boulevard would create too many traffic related conflicts; there is a need to preserve any
remnant of the Oregon Trail that traveled through the site; the undesirability of "big box" retail that
may be built on the site; the need to preserve "rural living"; and that the site has been subject to
flooding in the past and may be in the future.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by two
(2) individuals (other than the applicant/representative) who felt the applicant has done an excellent
job in meeting with, and addressing the concerns of, the residents surrounding the area; and that the
development of the site has been approached in a sensible manner.
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the Planning and
Zoning Commission by two (2) individuals who felt the proposed development (as well as other
projects constructed by the applicant) is nicely designed but they have concerns about the traffic
conflicts with existing residential driveways that may result from a roadway connection from Chinden
Boulevard into the site; there is a need to limit the height of structures adjacent to the bench on the
southern boundary of the site; the need to ensure that adjacent wells in the area will not be effected by
the development; and questions whether the Warm Springs Slough would be piped.
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COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of PP-3-05 for a preliminary
plat for Lakemoor Subdivision with the following staff recommended site specific conditions of
approval and standard conditions of approval with underlined text to be added by the Commission
and strikethrough text to be deleted: (Note: See item no. 4 under the Conclusions of Law section
for further Commission discussion.)
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Comply with all site specific conditions of the City's Engineering firm (Holladay Engineering).
2.
Comply with all requirements of the development agreement for this site dated August 13, 2005,
between the City of Eagle and BW Eagle, Inc.
3.
Comply with all requirements of CPA-4-02, A-3-02 and RZ-5-02.
4.
A Flood Plain Development Permit application shall be submitted to and approved by the City prior to
the City approving a final plat.
5.
All new construction and substantial improvement of any residential structure shall have the finish floor
elevation of the lowest floor elevated to a minimum of two feet (2') above the base flood elevation
6.
Comply with all conditions of the Idaho Transportation Department with regard to access to Eagle
Road, pursuant to ITD Permit #3-03-250.
7.
As noted in the Idaho Transportation Department letter of March 4, 2005, the proposed access to
Chinden Boulevard was denied. Unless this decision is reversed, the applicant shall construct an
ACHD approved turnaround at the southern end of Lakemoor Parkway. The remaining land area
(where the proposed right-of-way was to be located) shall be landscaped and a pathway between the
turnaround and the sidewalk adjacent to Chinden Boulevard shall be constructed. Any development
of the area near the turnaround is to be in accordance with the conditions of the development
agreement dated August 13, 2005, between the City of Eagle and BW Eagle, Inc.
8.
If private streets are approved by the City Council, provide a note on the plat and within the Property
Owner Association CC&Rs that states there shall be no parking allowed within those private roadways
that are less than 36-feet wide. The applicant shall install "No Parking" and "Fire Lane" signs in
accordance with any requirements of the Eagle Fire Department. The signs shall be posted prior to the
issuance of any building permits.
9.
If private streets are approved by the City Council, provide a note on the plat and within the Property
Owner Association CC&Rs that states that each lot owner that abuts the private roadways has the
perpetual right of ingress and egress over the private roadways, and that the perpetual right shall run
with the land.
10. If private streets are approved by the City Council, provide a copy of the Property Owner Association
CC&Rs providing a plan and schedule for the future repair and maintenance of the private roadways.
The CC&Rs shall be reviewed and approved by the City Engineer prior to the City Clerk signing the
final plat.
11. If private streets are approved by the City Council, provide a note on the plat that states that the
restrictive covenant for maintenance of the private roadways cannot be modified and the Property
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Owner's association cannot be dissolved without the express consent of the City.
12. If private streets are approved by the City Council, the applicant shall submit payment in the amount
of $3,060.00 based upon $400.00 (base fee) plus 0.38 cents per lineal foot (approximately 7,000-
lineal feet of private roads, proposed within the subdivision) prior to, or along with, the submittal of
the final plat application.
13. The applicant shall construct intermediate turnarounds or "knuckles" located at certain locations
which comply with the maximum required cul-de-sac length unless the Eagle City Council and the
Eagle Fire Department determines that the cul-de-sacs named East Three Bridges Lane and East
Waterpoint Place are permitted to be constructed with a length greater than 500-feet. (Note: The City
received a letter from the Eagle Fire Department on April 4, 2005, stating they had no objection to the
cul-de-sacs exceeding 500-feet in length.)
14. The applicant shall work with the developer of the Laguna Point Subdivision to ensure that the
proposed street connecting the two developments will be correctly aligned.
15. All street names shall comply with the requirements of the Ada County Street Naming Committee.
16. Comply with all conditions of the Chevron Pipeline Company.
17. Comply with all conditions of the letter of March 1, 2005, from Ringert and Clark representing
Drainage District #4.
18. If a sewer lift station is required by the Eagle Sewer District, the lift station shall be screened from
view from adjacent residences as well as passing pedestrians and motorists. Building materials
proposed for the station enclosure and planting details for screening the structure shall be submitted
for review and approval by the Design Review Board prior to the submittal of a final plat.
19. Place a note on the final plat which identifies all the common lots by Lot and Block designation, and
which states that said common lots, as well as any common areas, are to be owned and maintained by
the Property Owner's Association. The entire Lakemoor Subdivision shall remain under the control of
one association (and sub-associations) of lot owners. CC&Rs for the Lakemoor Property Owner's
Association shall provide that the association has the duty to maintain all of the common landscape
areas (including landscaping within rights-of-way for Eagle Road and landscape strips between the
sidewalk and curb abutting the internal drive aisles) in the subdivision in a competent and attractive
manner, including the watering, mowing, fertilizing and caring for shrubs and trees. The applicant
shall place a note on the final plat that all common lots are to be owned and maintained by the
Lakemoor Property Owner's Association. The applicant shall provide a copy of the CC&Rs for
review and approval prior to the City approving the final plat.
20. Construct an access road to the park site (Area J) in accordance with the provisions of Article 3.19 of
the recorded development agreement between the applicant and the City of Eagle, dated August 13,
2003.
21. Five-foot (5') wide concrete sidewalks shall be constructed on both sides of all roadways (and main
drive aisles in the commercial area) within the development.
22. All gravel material extracted from the creation of site features (ponds) shall be used on-site.
Excavation may result in an overburden of material that cannot be used on site. Removal of any
overburden from the site shall be permitted to occur; the sale of gravel materials directly from the site
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shall be prohibited.
23. The applicant shall provide documentation stating that all requirements of the Army Corp of
Engineers (including items such as a 404 permit) and the Idaho Department of Lands have been
complied with, or are conditions of compliance, regarding any pond or wetland alteration and/or
related items, prior to construction occurring in any wetland or other area under the jurisdiction of the
aforementioned agencies.
24. The applicant shall construct a meandering six foot (6') wide (minimum) concrete sidewalk within the
one hundred-foot (100') wide landscape common area (not including right-of-way) along the portion
of the property adjacent to Eagle Road. The sequencing of the construction of a sidewalk connecting
the sidewalk required herein to the existing sidewalk located along Eagle Road approximately three
hundred feet (300') south of the southwest corner of the property will should be determiRed f{)lloviÎRg
the reeoFRfReRdatioR of the PlaRRing aRd ZoniRg Commission aRd aetioR by tHe City COHfleil. .!!
collaborative effort with the Idaho Transportation Department in conjunction with the improvements
proposed on Eagle Road as noted in the Final Report for the Eagle Road Corridor Study. The City of
Eagle will provide a supportive role in facilitating the construction of the sidewalk.
25. Show on the final plat that all carriage home lots (Area A) to be a minimum of 5,000-square feet in
SIze.
26. Minimum building setbacks, lot sizes and lot widths shall be as stated within the "Site Data" section
"H" noted above.
27. Show on the final plat a revised lot configuration for Lot 33, Block 2, to include a common lot along
Bridge Point Lane abutting the westerly property line of the lot.
28. Show on the final plat a revised lot configuration for Lot 7, Block 8, which provides access to East
Three Bridges Lane.
29. Additional specific criteria required for Area A (Carriage Homes) are as follows:
a. No portion of the building in the garage area shall be less than I8-feet from the back of
sidewalk (soffits may extend no more than 2-feet from the building face). This is to allow
sufficient room for a vehicle to park in front of the garage without blocking the sidewalk.
b. Upon review of final development plans the City may encourage that dwelling units be
designed with side entry garages.
c. Common walls between attached units shall be insulated to mitigate transfer of noise between
the units. The insulation method shall be reviewed and approved by the City Building Official
prior to approval of the final development plan.
30. Any new overhead utilities serving the site shall be located underground.
31. Add a note to the final plat delineating rear utility easement widths to be a minimum of 12-feet wide.
32. The applicant shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6 a minimum ten (10) foot wide asphalt public pathway in a landscaped strip located
within the Chevron Pipeline easement, the design and landscaping for which shall be reviewed and
approved by the Eagle Design Review Board prior to the submittal of the final plat application(s)
wherein the pathway is located. The asphalt pathway, but not the landscaped areas, shall be located in
an easement or easements which shall be dedicated to and accepted by Eagle as provided in Eagle City
Code Section 9-4-1-6:E.2, upon recordation of the final plates) wherein the pathway is located.
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33. In accordance with the site plan date stamped by the City on and approved by the Parks and Pathway
Development Committee, the applicant shall construct a 10-foot wide concrete pathway from the
northern end of the Chevron Pipeline easement to travel along Lakemoor Parkway and then connect to
the 6-foot wide concrete sidewalk to be constructed along Eagle Road abutting this site. The applicant
shall construct a 6-foot wide gravel pathway traveling east-west generally along the Warm Springs
Slough (as shown on the referenced site plan) within the southern area of the development.
34. Place a note on the final plat which states "All Commercial Lots shall provide reciprocal cross-access
for vehicular and pedestrian ingress and egress to the public right-of-ways and to the utility easements
as delineated or noted on this plat".
35. Lot 1, Block 1, is approved for commercial development, taking into consideration the requirement for
stub street connection to the property to the north (Laguna Pointe Subdivision) which was negotiated
subsequent to the approval of the development agreement for this site.
36. Design Review Board approval for the landscaping of the entire site (including useable common area
amenities, subdivision signage, street trees, existing trees, pathways, buffer areas, perimeter fencing,
etc.) is required prior to the approval of a final plat. Design Review Board approval for the
landscaping for each commercial pad site is required prior to the issuance of any building permit.
Individual lots within this subdivision will be required to have a minimum of 10% landscaping each.
37. Provide construction plans to the City Engineer for review and approval which detail how the
proposed waterways are to be maintained, methods (such as aeration) that will prevent stagnation and
breeding of pests, and how storm water is to be accommodated, prior to the City Engineer signing the
final plat.
38. All pond and waterway banks shall be planted with natural grasses and plants. Planting details shall
be submitted for review and approval by the Design Review Board prior to the submittal of a final
development plan and final plat.
39. 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 the 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 the landscape strip between the concrete
sidewalk and back of curb abutting all interior streets. Prior to the City Clerk signing the final plat for
each phase, 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.
40. 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.
41. All nonresidential buildings shall be designed with architectural elements in compliance with the
Eagle Architecture and Site Design Book (EASD). The applicant shall submit a master building
design plan that shows general design criteria including composition, color, materials, and
architectural themes to be incorporated into the construction of all commercial buildings on the site,
with details showing how each building will compliment the others with said design elements. The
master plan shall be reviewed and approved by the Design Review Board prior to the issuance of any
building permits for the site. Architectural styles not shown within the EASD book will not be
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considered.
42. All healthy trees (as determined by the City Forester) that are to be preserved and integrated into the
open space design for the development shall be shown on a landscape plan and submitted for Design
Review Board approval prior to the submittal of a final plat.
43. 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. No activity whatsoever shall take place within the drip line of the trees.
44. 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.
45. Place a note on the final plat stating that no direct access (other than those approved with this
application) to Eagle Road shall be permitted
46. 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.
47. 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.
48. 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.
49. The applicant shall install at the entrances to The Lakemoor 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.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2.
Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3.
Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4.
Idaho Department of Environmental Quality approval of the sewer and water facilities is required
prior to the City Engineer signing the final plat (1.c. Title 50, Chapter 13 and 1.C. 39-118).
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5.
6.
7.
8.
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.
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)
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.
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&Rs shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
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13.
14.
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.
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.
An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits.
The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
15.
Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed by the
Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16.
Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed by the Eagle City
Attorney prior to the City Engineer signing the final plat.
17.
The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
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18.
19.
20.
21.
22.
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.
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.
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".
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.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corp of Engineers prior to approval of the final plat by
the City Engineer.
24.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corp of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
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
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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.
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.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on February 10, 2005.
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 March 14, 2005. 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 March 9, 2005. Requests for agencies' reviews were
transmitted on February 11,2005, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-3-05) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the approved zoning designation of MU-DA
(Mixed Use with development agreement) and the conditions of the development agreement
dated August 13,2005, between the City of Eagle and BW Eagle, Inc.
b. Will be harmonious with and in accordance with the general objectives of title 9 of the Eagle
City Code since the development is consistent with the Comprehensive Plan Land Use Map
designation of Mixed Use and provides the required improvements for a subdivision or as may
be conditioned herein; and
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use
will not change the essential character of the same area since the approved development
agreement for this site provides guidance in the development of the property, and because this
site will be designed in accordance with the standards of Eagle City Code and the Eagle
Architecture and Site Design book (EASD); and
d. Will not create excessive additional requirements at public cost for facilities and services as
the site will be served with central sewer from the Eagle Sewer District and will use public
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water to be served from United Water Company. Fire protection will be available from the
Eagle Fire District and fire hydrants will be provided where required; and
e.
Will have vehicular approaches to the property designed to not create an interference with
traffic on surrounding public thoroughfares since the project is required to be reviewed and
approved by the Idaho transportation Department and the Ada County Highway District and is
subject to the conditions herein;
f.
While there is no capital improvement program, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle Fire
Department and the Ada County Highway District, or as conditioned herein, there is adequate
public financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of the
preliminary plat and subsequent final plat approval as set forth within the conditions of
approval above.
4. The Commission discussed whether the private roads were intended to be a part of the Lakemoor
development, based upon the information provided during the application review and hearing process
regarding the rezone of the subject site. The concept plan attached to the development agreement
approved for this site delineated substandard roadway sections (i.e. roadway widths that are less than
typically required for public right-of-way) that may be interpreted as private roadways. However, the
Commission ended the discussion in a split vote (Aspitarte and Marks for the allowance of private
roads, Bandy and Pierce against, Lien absent) and then made the motion to recommend approval of the
application with the above mentioned site specific conditions of approval. Some members of the
Commission felt that the private streets (and gates) were necessary to protect residents from errant
traffic in the area accessing the commercial services as well as those using the large park on the eastern
side of the development. The other members the Commission mentioned the exclusivity that gated
communities tend to create and that past Commission recommendations had been unfavorable in
permitting the installation of said gates.
DATED this 18th day of April 2005.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
A Idaho
ATTEST:
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Sharon K. Bergmann, Eagle City erk
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Page 23 of 23
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