Findings - CC - 2006 - A-08-05/RZ-12-05/PP-11-05 - Annex/Rezone From Rut To R2-Da/95.32 Acre/126 Lot
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BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION, REZONE WITH A )
DEVELOPMENT AGREEMENT FROM RUT )
TO R-2-DA AND PRELIMINARY PLAT )
FOR PARK PLACE GARDENS SUBDIVISION )
FOR PARK PLACE PARTNERS, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-08-05/RZ-12-05/PP-ll-05
The above-entitled annexation, rezone with development, and preliminary plat applications came before
the Eagle City Council for their consideration on February 21,2006. 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:
Park Place Partners, LLC, represented by Bill Clark with Clark Development, is
requesting an annexation and rezone from RUT (Rural Urban Transition) to R-2-DA
(Residential 2-units per acre with a development agreement), and preliminary plat
approval for Park Place Gardens, a 126-lot (I 12-buildable, 14-common) subdivision. The
95.32-acre site is located between Meridian Road and Park Lane approximately 1,300 feet
north of Floating Feather Road.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on June 23, 2005 and
amended on November 10,2005 and amended January 18,2006.
C. NOTICE OF PUBLIC HEARING:
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 February 4, 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 January 31,
2006. The site was posted in accordance with the Eagle City Code on February 9, 2006.
Requests for agencies' reviews were transmitted on January 31, 2006, in accordance with
the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
CPA-2-04: The Soaring 2025 Western Area plan that changed the land use designation
from Residential Estates (up to 1 unit /two acres) to Residential Two(up to 2 units/acre)
was adopted by the Eagle City Council on September 14, 2005.
E. COMPANION APPLICATIONS:
ZOA-4-05: A request to amend Eagle City Code 8-2-1 to amend the definition of a
"Development Agreement" to allow for the use of a development agreement in lieu of a
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Planned Unit Development (PUD) for properties identified in the Soaring 2025 Western
Area Plan. This application was withdrawn by the applicant in December of 2005.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
See applicant's justification letter date stamped by the City on June 23, 2005 (attached to
the staff report).
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up to 2 RUT (Rural Urban Transition- Single Family Dwelling &
units per acre) Ada County Designation) Pasture
Proposed R-2-DA (ResidentiaI1.l7-units/ Single Family, Residential
No Change acre with a development Development
agreement)
North of site Residential Two (up to 2 R-E (Residential Estates l-unit/2 Single family residential
units per acre) acres), Rl (Residential I-unit per subdivision- Varied lot
acre-Ada County designation) sIzes
RUT (Rural Urban Transition-
Ada County Designation)
South of site Residential Two (up to 2 R-E (Residential Estates l-unit/2 Single family residential
units per acre) acres), Rl (Residential I-unit per subdivision- Varied lot
acre-Ada County designation) sIzes
East of site Residential Estates (up RUT (Rural Urban Transition- Single family residential
to 1 units per 2 acres) Ada Co. Designation) & PS subdivision
(Public/Semipublic)
West of site Residential Two (up to 2 R-E (Residential Estates l-unit/2 Proposed Moffat
units per acre) acres) Subdivision, Single Family
residential and pasture
H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
I. SITE DATA:
Total Acreage of Site - 95.32 Acres
Total Number of LoIs - 126
Residential - 112
Common - 14
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Total Number of Units - 112
Single-family - 112
Existing - 1 (to be removed)
Proposed - 112
Total Acreage of Any Out-Parcels - 0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.17 units/Acre 2-units/acre maximum
Minimum Lot Size 17,000 sq. ft. 17,000 sq. ft.
Minimum Lot Width 75 ft. 75 ft.
Minimum Street Frontage 43 ft. 35-ft.
Total Acreage of Common Lots 18.42-acres 9.53-acres Minimum
Percent of Site as Common Area 19.3% 10% Minimum
J. GENERAL SITE DESIGN FEATURES:
Open Space and Design:
The proposed development will provide a total of 18.42 acres (19.3%) of usable common
area. The proposed common area is a combination of linear pathways and gathering places
(swimming pool, multi-use trails and open fields). A minimum of 19.3% open space is
required by the proposed development agreement.
The proposed street sections throughout the development promotes pedestrian activity via
the detached sidewalks. The pathway network allows for circulation along and across the
canal that bisects the property as well as connecting to the trail located along Park Lane.
The residential collector (Central Park Drive) has been designed with landscape strips and
5-foot (5') wide detached sidewalks on both sides with a 10-foot (10') wide landscape
island in the center of the street to accommodate large shade class trees to provide for a tree
lined/canopy covered street at each entrance. The proposed roundabout at the center of the
property provides for a unique and distinctive center point for the western portion of the
development. The eastern and western portions of the development are connected by two
pedestrian bridges connected to the development's pathway system.
Storm Drainage and Flood Control:
Street drainage plans have been submitted by the applicant as required by the Subdivision
Ordinance. Specific drainage system plans are to be submitted to the City Engineer for
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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 required by the Eagle Fire District.
On-site Septic System (yes or no) - not allowed.
Preservation of Existing Natural Features:
The site is currently open pasture and agricultural land wherein there are few existing trees
on site. All existing trees will be reviewed by the City Forester and the Design Review
Board for retention.
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
discovered, state law requires immediate notification to the state.
K. STREET DESIGN:
Public Streets:
Three direct access points are proposed: two to Park Lane at the western edge of the
property and one to Meridian Road on the eastern edge of the property. Two additional
stub streets are proposed at Corsey Avenue connecting to the north to Henry's North
Forty Subdivision, and DeSoto Way connecting north to the existing Tabasco
Subdivision. The existing stub street at the south boundary of the site, Caretto Way
connecting to Cavallo Estates Subdivision, has been proposed as a pedestrian connection
only. The applicant is proposing to construct three roadway cross sections: two cross
sections for Central Park Drive 50-60-foot (50' to 60'), a residential collector, and a 42-
foot (42') wide local road. The residential collector roadway varies in width through the
development ranging from 60' from back of curb at the entrances at Meridian Road and
Linder Road and narrowing to 50' from back of curb in the "Main Street" area. The
Main Street area will include housing facing the collector with individual lot access from
a rear alley. On street parking will be allowed as a traffic calming tool in this area. The
Residential Collector will have a vertical curb with an 8-foot (8') planter strip and a five-
foot (5') detached sidewalk proposed on both sides of the roadway. The local roadway
within the development is a twenty-nine foot (29') wide roadway section (as measured
from back of curb to back of curb). Rolled 3" curb and an eight -foot (8') wide grass
landscape strips and five foot (5') wide detached sidewalks are proposed on both sides of
the roadway.
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Blocks Less Than 500-feetTwo, Block 6 & 8
Cul-de-sac Design:
Two (2) Cul-de-sacs are proposed:
Bulb Court: 350-feet in length with a 50-foot radius
Perennial Court: 450-feet in length with a 50-foot radius
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting both sides of all
interior roadways, including the main entrance boulevard.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior streets. (See public street design above)
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street name approval by the Ada County Street Name Committee is required before Final
Plat Approval by the Eagle City Council. Any modifications of street names shall be
completed before final plat approval.
L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian walkways are provided through the detached sidewalk system and through the
multi-purpose pathway system as a portion of the open space design. The pathway network
allows for circulation along and across the canal that bisects the property as well as
connecting to the trail located along Park Lane. The pathway system will connect existing
and future residential developments.
Bike Paths:
Cyclists will have access to the proposed pathway system and the required on-street bike
lane 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.
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M. PUBLIC USES PROPOSED:
See "Open Space" noted above.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - Yes, see Preservation of Existing Natural Features section above
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - pheasant and quail
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An EAP plan was submitted with this application. A review of the EAP has been
completed by the City Engineer. Their comments are attached to the staff report and are
incorporated herein.
Q. 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 August 3, 2005, are of special
concern (see attached).
Ada County Highway District
Chevron Pipeline
Eagle Fire District
Eagle Sewer District
Meridian School District
R. LETTERS FROM THE PUBLIC:
To date no letters have been received from the public with regard to the redesign dated
January IS, 2006.
For the previous submittal:
Thirty seven (37) letters regarding the previous design have been received to date. The
letters are attached to the staff report and are incorporated herein by reference.
Eleven (II) petitions regarding the previous design have been received to date. The
petitions are attached to the staff report and are incorporated herein be reference.
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S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing three phases for the development. Build out of the entire
development is anticipated within 5-years of the first final plat approval.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
2000 EAGLE COMPREHENISVE PLAN
CHAPTER 4 - SCHOOLS, PUBLIC SERVICES AND UTILITIES
4.5 Implementation Strategies
a. Encourage school districts to develop and report current projections to
assess the impact of new development on school enrollment and facilities.
b. Explore legally suitable opportunities for developers to assist in donating
or purchasing school sites identified in the district(s) master facilities
plan, according to student demand created by future land use
development.
c. The City and school district(s) should coordinate school site selection to
ensure the availability of public services.
d. Encourage land use development to reduce street hazards by developing
access to elementary and secondary schools on local streets and/or
pathways.
e. Encourage the use of schools as an integral part of the community by
making joint agreements with the school district to allow community uses
of school facilities.
CHAPTER 6 - LAND USE
Residential Two
Suitable primarily for single family residential development within areas that are rural in
character.
6.5 Goal
To preserve the rural transitional identity.
6.6 Objectives
a. To encourage the preservation of open spaces.
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6.7 Implementation Strategies
(6.7a) Preserve the natural features and resources of Eagle;
(6.7b) 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.; and
(6.7c) Provide for a broad spectrum of housing types including apartments,
townhouses, condominiums, single family attached, manufactured homes,
affordable and subsidized housing and large acreage developments.
(6.71) Farm related uses and activities should be protected from land use conflicts
or interference created by residential, commercial, or industrial development. The
Idaho Right To Farm Act should be promoted.
CHAPTER 7 - NATURAL RESOURCES AND HAZARD AREAS
7.9 Goal
Special concern and attention should be given to the preservation of fish, wildlife,
water resources, air quality, agriculture, open space and recreation-nature areas
when implementing planning and zoning decisions.
CHAPTER 8 - TRANSPORT A TION
S.6 Implementation Strategies
(S.6a) Work in conjunction with the Ada County Highway District (ACHD),
Idaho Transportation Department (ITD), and Ada Planning Association (APA) to
classify roadways on the City of Eagle Transportation/Pathway Network Maps # I
and #2 incorporated into this Comprehensive Plan by reference. The Maps are to
assure conformity to designations as delineated on the Land Use Map. The maps
shall be provided to the Ada Planning Association for input into the Ada Planning
Association's Functional Street Classification Map and Regional Transportation
Plan.
(S.6b) Integrate all modes of travel to support air quality improvement measures;
and
(S.6e) 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
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traffic is not unnecessarily pushed out onto arterials and collectors.
(S.6c) Encourage roadway design standards that are consistent with the Idaho
Transportation Department (lTD), Ada County Highway District (ACHD), Ada
Planning Association (APA), and other agencies that may be responsible for
roadway planning and design;
(S.6m) 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; and
(S.6p) 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
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.
(S.6i) Encourage street lighting to increase roadway and neighborhood safety
while preserving a rural environment free of any unnecessary lighting.
CHAPTER 9 - PARKS, RECREATION AND OPEN SPACES
9.5.2 Objectives
(9.5.2a) To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
(9.5.2b) To provide a network of central and neighborhood paths where residents
are able to safely access and utilize pathways for alternative forms of
transportation.
(9.5.2e) 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,
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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) 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.
(9.6.2b) To provide an open space setting for active and passive recreation for all
age groups throughout the community.
(9.6.2c) To protect against hazards that are inherent to flood plains, flood ways,
steep slopes, and areas of geological instability.
(9.6.2d) To protect the natural lay of the land (e.g., minimize land disturbance).
(9.6.2e) To protect such unique environmental areas as historical, geological, and
archaeological sites and monuments, natural areas, and wildlife habitat.
(9.6.2f) To protect important views, vistas, and panoramas of the community's
natural setting and environment.
CHAPTER 10 - HOUSING
10.3 Implementation Strategies
(10.3a) A wide diversity of housing types and choice between ownership and
rental dwelling units will be encouraged for all income groups.
(1 0.3b) The location of all housing should be coordinated with provisions for
adequate public facilities and services.
CHAPTER 11 - SPECIAL AREAS AND SITES
11.4 Implementation and Strategies
(l1.4a) Protect and improve natural and man-made waterways.
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(11.4g) Preserve existing trees and establish appropriate landscaping as a part of
new developments.
(11.4h) Encourage the preservation of habitat areas which provide for fish and
wildlife.
(11.4i) The City may require developers to prepare and submit an environmental
assessment and any such additional reports as the City may from time to time
require, for any development on land within an area designated as a Special Area
or Site or for any development impacting a designated Special Area or Site.
CHAPTER 12 - COMMUNITY DESIGN
12.4 Implementation Strategies
(l2.4a) Establish and maintain a development pattern and design criteria in
keeping with the rural transitional identity of Eagle. This includes growth within
the Impact Area that discourages or precludes the establishment of other City
centers.
(l2.4c) The flood way shall be reserved as a natural state such as a greenbelt,
wildlife habitat, and open space recreational area and for agricultural uses.
(l2.4k) Encourage the preservation of natural resources such as creeks, drainages,
steep slopes, and ridgelines as visual amenities.
(12.41) Encourage the development of pathways and open-space corridors
throughout the City.
(12.40) Encourage the planting and preservation of trees that will create beauty
and add to the healthy environment of downtown (see Eagle Tree Plan below).
(12.4q) Maintain the rural residential character and open space environment in
and around the City.
12.5 Eagle Tree Plan
(12.5.1 Goal) To establish and enhance areas of tree growth that will create
beauty, add to a healthy environment and increase economic stability.
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(12.5.2 Objectives) To create an urban forest that will help reduce air and noise
pollution, conserve water and reduce soil erosion, assist in modifying the local
climate, increase property values, and improve Eagle's economy by providing a
pleasant and more comfortable place to shop and live.
SOARING 2025 PLAN
CHAPTER 2 COMMUNITY DESIGN
2.1 Background
As a part of the review of the 2000 Comprehensive Plan the City of Eagle, held
three public visioning sessions that asked the public to evaluate the "Built City"
or tell the City well they were doing in managing a guiding development in the
2000 AOI. This study found that the City of Eagle, though stable and solidified in
its vision to develop a city with a uniquely rural character, did not look to
integrate alternative housing options within the AOI. This section will discuss
the goals, objectives and implementation strategies related to Community Design,
Neighborhoods and housing options.
2.3 Goals
Identify "Activity Centers": Identify areas that due to the nature of existing
uses, future uses and/or transportation corridors will lend themselves to increased
activity and non-residential use so to preserve larger areas as primarily residential
neighborhoods.
2.4 Objectives
Provide residents of the City of Eagle and the Area of City impact opportunities to
seek housing in a neighborhood of their choice.
Create a clearly identifiable community.
2.5 Implementation Strategies
d. Create a City composed of neighborhoods in which basic amenities
(schools, utilities, parks, and services) are accessible, visually pleasing,
and properly integrated to encourage walking and cycling.
e. Ensure that all commercial uses are designed to be compatible and context
sensitive to residential uses and environmentally sensitive areas.
f. Encourage the preservation and public access to open space through
developments and as a rural design element of urbanizing areas.
j. Provide a variety of housing opportunities ranging from large lot
residential to multi-family apartment uses.
n. Elementary and middle schools should be located in residential
neighborhood to facilitate walking and reduce busing costs for the district.
Elementary and Middle schools may be located on collector roadways as
defined by the Regional Functional Classification Map, High School
maybe located on arterials.
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o. Prohibit the development of schools on sites that present a hazard,
nuisance or other limitation on normal functions of the school.
r. All non-transmission utility distribution within the City of Eagle should be
underground.
s. All urban development shall occur under the jurisdictional authority of the
City and be connected to municipal services.
CHAPTER 4 PUBLIC F ACILITES AND SERVICES
4.2.1 School Goals
Support the safe maintenance and construction of the public school system
emphasizing quality school facilities that serve as a focal point for family and
community activities.
4.2.2 Objectives
Support the effort of the school district to ensure adequate school sites are
provided and the intended capacity of the schools is not exceeded.
4.2.3 Implementation Strategies:
Request the school district prepare a future facilities map based on the City's
Land Use Plan and include it in the Comprehensive Plan. (See Map 4.1)
a. Work co-operatively to develop student generation factors to be
considered when analyzing the impact of new projects on the school
district.
b. Prohibit the development of schools on sites that present a hazard,
nuisance or other limitation on normal functions of the school.
c. Elementary and middle schools shall be located in residential
neighborhood to facilitate walking and reduce busing costs for the district.
Elementary and Middle schools may be located on collector roadways as
defined by the Regional Functional Classification Map, High School
maybe located on arterials.
d. Work with the school district, ACHD and developers to establish access
options for Eagle Schools via pathways and/or streets.
e. Encourage the joint siting of schools and parks whenever possible.
CHAPTER 5 TRANSPORTATION
5.1 Goals
Maintain the function and connectivity of the street system for current users,
emergency response efforts, and for use by future generations.
Using sound land use and transportation relationships, develop alternate routes or
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corridors for ACHD planners to evaluate that best emphasize the needs of
developing areas while lessening the potential for congestion.
5.2 Objectives
Encourage completion of the existing street system and creation of new links,
within reasonable constraints, as the transportation system develops.
Promote land use policies that limit access as necessary to maintain safe and
efficient operation of the existing street system while allowing reasonable access
to individual development parcels.
Maintain safe and comfortable neighborhoods by minimizing speeding and
cutthrough traffic.
5.3 Implementation Strategies
d. When review land use amendments, zone changes, master plans,
conditional uses and other significant entitlement requests, take into
consideration the impact of the project on street levels of service. The
City's preferred standards shall be those identified for new streets in
ACHD's Development Policy manual, or its successor. Service level
impacts shall be minimized through project modifications, traffic
management plans, street improvement plans or other means.
g. "Cut-through" traffic or "traffic routed through" a neighborhood on local
streets from arterial streets shall be discouraged through the development
review process, through the provision of an adequate arterial and collector
system and through the use of appropriate traffic calming and traffic
control 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.
m. A collector street system shall be pursued within each square mile of
development adequate to serve the density of development. Suggestions
shall be forwarded to ACHD for planning and adoption in the TIP.
o. Discourage direct lot access to parcels abutting collector streets.
p. Limit access to all arterial streets.
w. Encourage traffic-calming in a way that minimizes adverse effects on
adjacent streets.
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CHAPTER 6 LAND USE
6.4A General Strategies
b. Maintain a Future Land Use Map that encourages higher densities
around activity centers and transit routes but also provides for large
residential areas that continue to promote the rural character of the
City of Eagle(See Map 6.1)
e. Special design treatments shall be required to provide compatibility of
new development with existing development such as building
orientation, increased setbacks, height limitations, size restrictions
design requirements, fencing, landscaping or other methods as
determined through the development review process.
6.4 E Floating Feather Planning Area
The Floating Feather Planning Area is designated as residential with
limited ancillary uses to be incorporated as allowed by the planned unit
development standards. This area should provide trails, open space, and
parks in conjunction with varied housing options. The overall density of
the area is 1-2 units per acre.
6.4E.1 Uses
The land use and development policies specific to the Floating Feather
Planning Area include the following: Integration of mixed residential lot
sizes at a overall density of 1-2 units per acre;
Setbacks from streams, irrigation and drains for trails and open space;
Use of transitional lot sizes and clustering when new development abuts
Existing subdivisions, business and office use to the south;
School siting in the area shall focus on areas with higher densities to
decrease busing concerns, preference will be given to siting elementary
schools in this area. Densities around school sites shall not exceed 3 to 4
units per acre.
6.4E.3 Design
This area should be recognized as the signature residential area for the
Western Planning Area. The integration of varying lot sizes and uses
should be seamless with continuity of street design, open space, trails and
housing through out that area.
Lot configuration and housing sizes should be mixed throughout the area
to provide a variety of housing options within a single neighborhood or
development.
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6.4E.4 Issues
The main concerns in the development of the area are the integration of
varying lot sizes and housing styles. The vision for the area is contingent
on the integration of uses and providing a flow of housing units
throughout the area to avoid creating defined separation from estate areas
and patio home areas, for example. Further, the provision of open space
and trails through the area should be key to the development approval of
the area.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. ECC Section 8-1-2 OPEN SPACE:
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
. ECC 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 (I ') 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.
. ECC Section 8-7-3-3 CONDITIONAL USES "PUBLIC SITES AND OPEN SPACES"
Public sites and open spaces shall conform to the following:
B. Natural Features: Existing natural features which add value to residential development
and enhance the attractiveness of the community (such as trees, water courses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the development.
C. Special Developments: In the case of planned unit developments and large-scale
developments, the Council may require sufficient park or open space facilities of
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acceptable size, location and site characteristics that may be suitable for the proposed
development.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. ECC Section 9-3-2-1 (C) Stub Streets, states in part:
Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions
shall be such that said streets extend to the boundary line of the tract to make provisions
for the future extension of said streets into adjacent areas.
. ECC Section 9-3-2-2 Street Widths:
A. Street and road right of way widths, grade, alignment, and so forth, shall conform to
the adopted major street plan or comprehensive plan and shall be approved by the
highway district and/or other agency having jurisdiction.
B. Notwithstanding subsection A of this section, access from a frontage road onto an
arterial street shall be limited to one thousand five hundred feet (1,500') between
points.
. ECC Section 9-3-S (B) Natural Features:
Existing natural features which add value to residential development and enhance the
attractiveness of the community (such as trees, watercourses, historic spots and similar
irreplaceable assets) shall be preserved in the design of the subdivision.
. ECC Section 9-4-1-2 Streets and Alleys:
All streets and alleys shall be constructed in accordance with the standards and
specifications adopted by the Ada County highway district.
. 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.
2. Barriers may be placed at the terminal ends of paths to restrict use by motor vehicles
while allowing use by bicycles, wheelchairs and other modes of travel.
3. A five foot (5') wide landscaped area/building and fence setback, as measured from
both edges of the paved path, shall be required, and will be owned by either the
abutting property owner(s) or a homeowners' association unless accepted by a public
entity. The five foot (5') wide landscaped area on either side of the pathway may be
decreased to a minimum of two feet (2') wide (as measured from the edge of asphalt to
the easement line) when used in conjunction with a meandering pathway, however, the
total width of the landscape area shall not be less than ten feet (10') (i.e., 2 feet on one
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side of the path and 8 feet on the other). For safety purposes, planting material in this
area is limited to three feet (3') in height. The landscape, fence and building regulations
for this area shall be indicated by a note on the plat.
4. The official design standards for pathways set forth in the following manuals are to be
used as guides: the "Bicycle Pedestrian Design Manual" for Ada County, the "Design
Guide for Accessible Outdoor Recreation", and the "Guide for the Development of
Bicycle Facilities", or other nationally recognized design standards.
5. A root barrier shall be placed on both sides of the pathway to prohibit tree roots from
damaging the pathway surface. The root barrier shall consist of black injection molded
panels with a minimum of 0.085 inch wall thickness in modules a minimum of twenty
four inches (24") long by twenty four inches (24") deep. Each panel shall have no less
than four (4) vertical deflecting ribs of a minimum 0.085 inch thickness protruding
one-half inch (1/2") at ninety degrees (900) from the interior of the panel, spaced six
inches (6") apart. A minimum of nine (9) antilift tabs, three (3) each between the
vertical ribs, shall be integrated into each panel, measuring a minimum of 0.085 inch
thickness and protruding three-eighths inch (3/8") from the panel wall. An integrated
joining system shall be employed for instant assembly by sliding one panel into the
other. An alternative type barrier system of equal root penetrative resistance may be
considered on a case by case basis, subject to the approval of the zoning administrator.
6. In order to design for crime prevention the following design standards will be followed:
a. The use of "see through" fencing is preferred, as it provides better visibility
from adjacent homes or buildings. If solid fencing is used it may not exceed
four feet (4') in height.
b. Adequate lighting may be provided as determined by Eagle city council and
may be owned and maintained by the city of Eagle once the path is turned over
to the city for maintenance.
c. The use of corners and curves in the design of the paths is discouraged.
7. Consideration shall be given to off street parking where paths connect to popular
destination points such as the Boise River greenbelt, and nearby streets may become
congested with vehicles parked by pathway users. Where pathway links connect to
major public open space that required vehicular parking, the council may request the
developer to designate land to be purchased and maintained by the appropriate public
authority for public parking. Buffering of surrounding residential uses shall be
considered in the area for purchase.
. 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 /
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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.
. ECC Section 9-5-5 Large Scale Subdivisions and Developments:
Due to the impact that a large scale development would have on public utilities and
services, the developer shall submit the following information along with the preliminary
plat:
A. Identification of all public services that would be provided to the
development including, but not limited to, fire protection, police
protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection;
B. Estimate of the public service costs to provide adequate service to the
development;
C. Estimate of the tax revenue that will be generated from the development;
and
D. Suggested public means of financing the services for the development if
the cost for the public services would not be offset by tax revenue
received from the development.
D. DISCUSSION:
. The Soaring 2025 planning process involved over 400 participants over a series of 21 meetings
from January 2004 through September 2004. The City's outreach involved utility bill enclosures,
direct mailings, flyers through the elementary schools, legal notice in the Idaho Statesman and
Valley Times, as well as numerous local interest stories in both local newspapers. The meeting
schedule for the Comprehensive Plan was as follows:
Soaring 2025 Meetings
3 public Visioning Meetings (March/April)
3 Public Workshops (April/May)
7 City Council Meetings/Work Sessions (January-June)
2 Agency Open Houses (June/July)
2 Public Open Houses (July)
5 Public Hearings (August/September)
. The Soaring 2025 Plan looked at several key areas aside from new land being added to the area of
impact (AOI). It looked at potential infill projects throughout the city, the transition area between
the existing AOI and the expansion. The square mile bounded by Floating Feather Road on the
south, Beacon Light Road on the north, Meridian Road on the west and Linder Road on the east
received a density increase from 1 unit per 2 acres to 2 units per acre. This area was recognized
during the visioning process as having impacts from Eagle High School and an area that would be
able to have a new east/west transportation connection, aside from the section line/arterial system
constructed.
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. The Soaring 2025 Plan envisioned pockets of density placed adjacent to activity centers (schools,
transit corridors, etc.) and proposed transportation connections to better support the construction
and development of these facilities without placing an unnecessary impact to a single property
owner. The Soaring 2025 Plan also placed a large emphasis on compatibility and transitioning
between existing development and the new pockets of density.
. The Eagle Comprehensive Plan designates the property as "Residential Two" with a density not to
exceed 2 units/acre. The overall density of the proposed Park Place Gardens development is 1.17
units per acre.
. The proposed development provides lots ranging from 17,000 square feet to 72,850 square feet in
size. The applicant is requesting an R-2-DA zoning designation, minimum lot size of 17,000
square feet, as specified in the 2000 Eagle Comprehensive Plan Zoning Compatibility Matrix.
. The proposed Park Place Gardens project provides perimeter transition lots ranging in size from
.86 acres to 1.67 acres, approximately 47% to 93% of the existing R-E lots. Park Place Gardens
does provide a 20-foot separation in the form of a common area pathway around the perimeter of
the site. Staff has concerns that the transition adjacent to the existing R-E developments are not
adequate and need to be increased to at least to 1.8 acres (78,408 square feet) along the perimeter
of the property adjacent to existing lots to provide adequate separation and preservation of the
exiting residential uses. Lots 3-7 of Block 3, Lots 39 & 40 and Lots 27 & 28 Block 7, should be
increased to meet the minimum of 1.8 acres in size. The smaller 17,000 Square foot lots are
appropriate within the interior of the development.
. The proposed design ofthis subdivision complies with the technical requirements (or will pursuant
to the conditions outlined herein) of Eagle City Code and includes aesthetic features such as
landscaped common lots which serve the dual purpose of irrigation water storage as well as open
space for the use of the residents.
. The proposed development includes 19.3% of the site as common area open space including trails
and gathering areas and landscape buffers.
. 70% of all lots within the development have direct access to the proposed open space. 59% of the
17,000 square feet lots (the minimum lot size in the R2 district) have direct access to the open
space.
. The proposed development provides a combination of linear open space (trails and view corridors)
and gathering areas (open fields, swimming pool, clubhouse). This combination provides for the
interaction on a neighborhood level and provides spaces within the development for organized
sports teams to practice thereby helping relieve overcrowding issues in city parks. .
. With regard to 9-3-2-1 (C) Stub Streets, the applicant is proposing to connect to the existing stub
street in Henry's North Forty Subdivisions Corsey Way. Previously staff recommended providing
a stub south from Champagne Way to facilitate a better access and design of the property to the
south and support better interconnectivity; at this point the proposed design, or as conditioned,
places 1.8 acres in this area thus a stub is not as important due to the limited development potential
to the parcel to the south. The proposed redesign removes a vehicular connection to Cavallo
Estates to the south and utilizes this stub as a pedestrian connection. ACHD in their staff report
dated December 6, 2005 required a vehicular connection to Caretto Way, the eventual linkage of
the two developments shall be at the discretion of ACHD but if required a modified street section
and sidewalk connection should be considered.
. The applicant is proposing to remove all existing structures from the site. A demolition permit
should be required prior to the removal of the structures and prior to the submittal of the final plat.
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. The trail system that is detailed throughout the common area open space provides both local and
regional connectivity. The connection of Park Place Gardens to .Cavallo Subdivision to the south
and to Henry's North Forty to the north provides new linkages to Floating Feather Road, Eagle
High School and to the North Star Charter School. These new connections provide alternatives for
pedestrians and bicyclist that currently must use arterial roads to move through the area.
. The proposed landscape plan does not detail the width of the proposed multi-use pathways within
the open space. Per ECC section 9-4-1-6 (D) all pathways not located along the street should be a
minimum of 6-feet wide.
. The proposed landscape plan details a 3-foot high berm and 5-foot fence combination to meet the
standards of ECC Section 8-2A-7. The berm/wall combination must be a minimum of 8 it in
height measured from the center line of the adjacent road and the applicant needs to detail the type
of fencing proposed keeping in mind that cedar, vinyl, and chain link are not allowed. Examples
of allowed wall types are shown in the Eagle Architecture and Site Design book.
. At the time of this report, ACHD's hearing was schedule for August 17, 2005. This application
will be conditioned to comply with the ACHD Commission's decision.
.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
STAFF RECOMMENDATION FOR THE ANNEXATION AND REZONE:
Staff recommends approval with the conditions to be placed within a development agreement as
provided in the staff report.
ST AFF RECOMMENDATION FOR THE PRELIMINARY PLAT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 19, 2005. Testimony was taken, the public hearing was closed, and the Commission made
their recommendation at that time.
B. Oral testimony in opposition to the application was presented by seven(7) people stating concerns with
compatibility, the change of the 2000 Comprehensive Plan, the ability transition and the loss of
lifestyle.
C. Oral testimony in favor of the application was presented by four (4) people stating that the application
properly addressed the comprehensive plan, diversity of housing type and good open space integration.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of the annexation and rezone from RUT to
R-2-DA with the site specific conditions to be placed within the development agreement as stated
within their findings dated January 3, 2006.
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The Commission voted 5to 0 to recommend approval of the subdivision with the site specific and
standards conditions of approval as provided within their findings of fact and conclusions of law
dated January 3, 2006.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February 21, 2006, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to this proposal was presented to the City Council by eighteen (1S)
individual who expressed concerns regarding the increased density of the areas west of Linder Road,
the lack of infrastructure, conflicting lifestyles, lack of homogeneity within the development, and poor
transitioning.
C. Oral testimony in favor of this proposal was presented to the City Council by thirteen (13) (other than
the applicant/representative) stating support for the design of the development, the integration of open
space, willingness to work with existing property owners and consistency with the 2025
comprehensive plan.
COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve A-OS-05/RZ-12-05 for an annexation, rezone with
development agreement from RUT to R-R-DA for Park Place Partners, LLC with the following conditions
to be placed within the development agreement.
The Council Voted 3 to 0 (Nordstrom absent) to approve PP-ll-05 a preliminary plat for Park Place
Gardens Subdivision for Park Place Partners, LLC with the following site specific conditions of approval
and standard conditions of approval.
CONDITIONS TO BE PLACED WITHINTHE DEVELOPMENT AGREEMENT:
2.1 The maximum density for the property shall not exceed 1.17 -dwelling units per acre (112 single
family lots maximum), including the existing residential dwelling.
2.2 A demolition permit shall be received before removing any existing structures on site.
2.3 The minimum lot sizes for the development shall be as follows:
Lot Type Minimum Size
Transitional Lots 1.44 Acres (62,726 sq it)
Standard Lots 17,000 sa ft
"Exhibit B" details the appropriate lot locations
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2.4 The setbacks for the development shall be as follows:
Modified Setbacks
Side Street
Lot TVDe Front yard* Side Rear
Transitional 50-ft
Lots 20-ft 35-ft 30-ft
Standard Lots 30-ft 10-ft 20-ft 30-ft
* An additional 5 ft-per story for multi-story structure.
2.5 Prior to the City Clerk signing the final plat for the first phase of any subdivision for this site, the
property owners shall abandon the existing access point on Park Lane (which serves as access for the
existing house).
2.6 Eagle hereby acknowledges that the attached Site Plan (Exhibit "C") and architectural styles (Exhibit
"D") represents an example of the applicant's current concept for the site and understands and agrees
that changes in that concept will likely occur. The property owners also understand and agree that any
changes regarding development of the site must be in conformance with the "Conditions of
Development" stated herein.
2.7 The development shall comply with the Eagle City Code, as it exists in final form at the time a design
review application is made, including compliance with all of the conditions as provided within this
development agreement.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-12-
05.
2. Comply with the requirements of the City Engineer.
3. The applicant shall submit payment to the City for all outstanding Engineering fees incurred
for reviewing this project, prior to the City Clerk signing the first final plat.
4. Comply with the all conditions of ACHD.
5. The applicant shall place a note on the final plat that all common areas are to be owned and
maintained by the Park Place Gardens 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 Place Gardens 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.
6. The entire Park Place Gardens development shall remain under the control of one
Homeowner's Association.
7. As described in Exhibit "C" and the applicant's justification letter the homes should be
designed in compliance with the Craftsman, Prairie, and Tuscan themed architectural style..
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To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the subdivision CCR&S. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&R' s, and shall be
reviewed and approved by the City attorney prior to the approval of the final plat for phase
one.
S. The submittal of the building permit application to the City for each home within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not
be accepted.
9. To assure compliance with the Development Agreement and the conditions of approval herein,
the City reserves the right to deny, at its discretion, any building permit application that does
not meet the architectural requirements (as required in site specific condition of approval #7
above) of the subdivision.
10. Provide plans showing street lighting details for review and approval by the Zoning
Administrator with the submittal of the final plat. The plans shall show how the streetlights
will facilitate the "Dark Sky" concept of lighting.
11. Provide a revised preliminary plat showing street names as approved by the Ada County Street
Naming Committee.
12. All utility poles providing service to the existing structures on the site shall be removed, prior
to the issuance of any building permits for the site. All utility service lines serving existing
structures shall be placed underground prior to the issuance of any building permits for the
site.
13. All existing structures shall be removed from the site prior to the issuance of any building
permits for the site. Demolition permits shall be obtained prior to the removal of said
structures.
14. The applicant shall submit a design review application showing: 1) proposed subdivision
signage, 2) planting details within the proposed and required landscape islands and knuckles
and all common areas throughout the subdivision 3) building elevations for all proposed
common area structures and irrigation pump house, 4) landscape screening details of the
irrigation pump house,S) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities. The design review application shall
be reviewed and approved by the Design Review Board prior to the submittal of a final plat.
15. 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 on the side lot lines and within the
center of an eight-feet (S') planter strip or as otherwise approved by the Design Review Board.
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 within the planter strips. 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.
16. All living trees that do not encroach upon the buildable area on any lot shall be preserved,
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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.
17. Provide a revised preliminary plat showing a cross section of the road, sidewalk, and
streetscape within the buffer areas along Meridian Road and Park Lane for review and
approval by the Eagle Design Review Board, prior to submittal of the final plat.
IS. The applicant shall provide a license agreement from ACHD approving the landscaping
located within the public rights-of-way abutting and within this site prior to approval of a final
plat.
19. Any stub street which is expected to be extended in the future shall be provided with a sign
generally stating that, "This Street is to be extended in the future".
20. 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.
21. The applicant shall install at the entrances to Park Place Gardens 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.
22. The following setbacks and lot coverage requirements shall apply to the development:
Modified Setbacks
Side Street
Lot Type Front yard* Side Rear
Transitional 50-ft
Lots 20-ft 35-ft 30-ft
Standard Lots 30-ft 10-ft 20-ft 30-ft
*An additional 5 ft-per story for multi-story structure.
23. The minimum lot size for the development shall be as follows:
As identified in "Exhibit A" of the development agreement
24. All fencing adjacent to a pathway shall not exceed 4-feet in height.
Lot Tvpe Minimum Size
Transitional Lots 1.44 Acres (62,726 sq ft)
Standard Lots 17,000 sq ft
25. All fencing within the development, with the exception of the berms, shall be open fencing
constructed of wrought iron or similar material approved by the Eagle Design Review Board.
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26. The proposed bridge crossing the New Dry Creek Ditch shall be limited to pedestrian and
emergency access only.
27. The applicant shall post signs at the access points from Henry's North 40 and Cavallo Estates
stating "CONSTRUCTION ACCESS PROHIBITED" prior signing the final plat.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and I.C. 39-11S).
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-S.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.
S. Per Idaho Code, Section 31-3S05, 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
title 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
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plat. The CC&R' s shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(I) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
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 for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall 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
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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.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
IS. 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. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
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2S. 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 9S-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 June 23, 2005 and January IS,
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 December 2, 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 December 2, 2005. Requests for agencies' reviews
were transmitted on November 14,2005 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 February 4,
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 January 31, 2006. The site was posted in accordance with the Eagle City
Code on February 9,2006. Requests for agencies' reviews were transmitted on January 31, 2006, in
accordance with the requirements of the Eagle City Code.
3. With regard to Eagle City Code Section S-7-5 "Action by the Commission and Council", and based
upon the information provided to staff to date, that the proposed rezone is in accordance with the City
of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of R-2-DA (Residential with development
agreement at 1.17 dwelling units per acre) is consistent with the Residential Two
designation as shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
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facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve commercial uses on this property under the
proposed zone;
c. The proposed R-2-DA (Residential with development agreement at 1.17 dwelling
units per acre) is compatible with the R-E (Residential Estates) zone to the north,
south and east since those areas have existing 1.8-acre residential developments
similar to the transitional lots as required in the Development Agreement;
d. The proposed R-2-DA (Residential with development agreement at 1.17 dwelling
units per acre) is compatible with RUT (Rural Urban Transition) zone to the west
since that area has the same comprehensive Plan designation as this site;
Residential Two (up to two units per acre).
e. The land proposed for rezone is not located within a "Hazard Area" or "Special
Area" as described within the Comprehensive Plan.
f. No non-conforming uses are expected to be created with this rezone.
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:
a. The requested preliminary plat complies with the density of the approved zoning
designation of R-2 (Residential); and
b. Will be harmonious with and in accordance with the general objectives of title 9 of the
Eagle City Code since the development is consistent with the Comprehensive Plan and
provides the required improvements for a subdivision; and
c. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and that such use will not change the essential character of the same area,
since the proposed residential use is in accordance with the residential land use
designation of this area shown within the Comprehensive Plan; and
d. Will not create excessive additional requirements at public cost for facilities and
services as the site will be served by the Eagle Sewer District and will use public
water to be served by the water company having jurisdiction in that area. 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 the Ada County Highway District and is subject to the
conditions herein; and
f. This development is in continuity with the capital improvement program since the
required public improvements are required 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
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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 final plat approval as set forth within the conditions of approval above.
DATED this 14th day of March, 2006,
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
l(LJ~~~ (0o~
Sharori' K. Bergmann, Eagle City lerk
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