Findings - CC - 2004 - A-2-03/RZ-2-03/CU-5-03/PPUD-1-03/PP-3-03 - Annex/Rezone/Cu/Ppud/Pp/Mediation Took Place
OR\G\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR AN )
ANNEXATION AND REZONE FROM RUT (RURAL )
URBAN TRANSITIONAL) TO R-Z-DA-P (RESIDENTIAL )
WITH A DEVELOPMENT AGREEMENT AND A PUD) & )
R-E-DA-P (RESIDENTIAL-ESTATES WITH A )
DEVELOPMENT AGREEMENT AND PUD), A REZONE )
FROM A (AGRICULTURAL) TO R.Z-DA-P )
(RESIDENTIAL WITH A DEVELOPMENT AGREEMENT )
AND A PUD) & R-E-DA-P (RESIDENTIAL-ESTATES )
WITH A DEVELOPMENT AGREEMENT AND PUD), )
A CONDITIONAL USE PERMIT, PRELIMINARY )
DEVELOPMENT PLAN AND PRELIMINARY PLAT)
FOR LAGUNA POINTE PLANNED UNIT DEVELOPMENT )
FOR LAGUNA POINTE LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A -Z-03/RZ-Z-03/CU -S-03/PPUD-I-03/PP-3-03
The above-entitled annexation, rezone, conditional use permit, preliminary development plan, and
preliminary plat applications came before the Eagle City Council for their action on September 23, 2003,
and the item was continued to November 11,2003, December 17, 2003, and to January 13,2004. The
Council made their decision at that time.
On February 10,2004, the Council discussed mediation and, pursuant to Idaho Code S 67-6510, directed
staff and Council representatives to mediate with the applicant and bring potential changes back for
Council consideration at a future date. On May 11,2004, the Council held a mediation session to discuss
the changes agreed upon by staff and the applicant and directed staff to schedule a public hearing wherein
the changes would be reviewed. On June 22, 2004, the Council held a public hearing on the above noted
applications and made their decision at that time.
NOTE: The record complied and documented within the Council's findings of fact and conclusions of law
document. dated February 10, 2004, is considered part of, and substantiates the record herein. However.
based upon the provisions of mediation as outlined in Idaho Code S 67-6510, the decision documented
herein supercedes the decision within the Council's findings of fact and conclusions of law document.
dated February 10, 2004.
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:
Laguna Pointe LLC, represented by Land Consultants Inc., is requesting an annexation
and rezone from RUT (Rural Urban Transition) to R-2-DA-P (Residential up to two units
per acre with development agreement and PUD) and R-E-DA-P (Residential Estates up to
one dwelling unit per two acres with development agreement and PUD), a rezone from A-
R (Agricultural-Residential) to R-2-DA-P (Residential up to two units per acre with
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development agreement and PUD) and R-I:-DA-P (Residential Estates up to one dwelling
unit per two acres with development agreement and PUD). conditional use, preliminary
development plan, and preliminary plat approvals for Laguna Pointe planned unit
development. The l17.5l-acre development consists of a 53-lot (43-buildable, 10-
common) residential subdivision. The site is located east of Eagle Road approximately Y2-
mile north of Chinden Boulevard at 2260 S. Eagle Road.
B. APPLICATION SUBMITTAL:
The latest version of the preliminary plat/preliminary development plan which is the
subject of this application was received by the City of Eagle on June 2, 2004.
C. NOTICE OF PUBLIC HEARING AFTER MEDIATION:
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on June 7, 2004. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on June 7, 2004.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up to 2- A-R (Agricultural- Single-family dwelling,
units per acre max.) & Residential) & RUT (Rural pasture & gravel extraction
Floodway Urban Transition - Ada ponds
County Designation)
Proposed No Change R-E-DA-P (Residential- PUD Residential
Estates PUD with Development
Development Agreement) &
R-2-DA-P (Residential PUD
with Development
Agreement
North of site Residential Two (up to 2- R-2-P (Residential PUD) South Channel of Boise
units per acre max.) & River & Island Woods
F100dway Subdivision
South of site Residential Two (up to 2- RUT (Rural Urban Proposed Lakemoor
units per acre max.) & Transition - Ada County Residential/Commercial
Public/Semi Public Designation) development with Public
Park & Boise City
Wastewater facility
East of site Residential Two (up to 2- R-2-P (Residential PUD) & RiversEnd Subdivision &
units per acre max.) RUT (Rural Urban Agricultural land
Transition - Ada County
Designation)
West of site Residential Two (up to 2- A-R (Agricultural- Eagle Road (SH 55) &
units per acre max.) & Residential) & LO-DA-P Cottonwood Creek PUD &
Mixed Use (Limited Office PUD with Agricultural land
Development Agreement)
G. SITE DATA:
Total Acreage of Site - 117.51
Total Number of Lots - 53
Residential - 43
Commercial - 0
Industrial - 0
Common - 10
Total Number of Units - 43
Single-family - 43
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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Additional Proposed Required
Site Data
Dwelling Units .49* 2-units per acre (maximum) in the R-2 zoning district
Per Gross Acre (.37) I-unit per two acres (maximum) in the R-E zoning district
Minimum Lot 34,400 sq. ft. 17,000 sq. ft. (minimum) in the R-2 zoning district
Size 1.8-acres (minimum) in the R-E zoning district
Except that a decrease of minimum lot size in a subdivision may
be allowed if there is an offsetting increase of the same square-
footage in open space and a planned unit development is applied
for and approved) - per ECC Section 8-2-4 (G).
Minimum Lot l15-feet 75-feet in the R-2 zoning district
Width 100-feet in the R-E zoning district
Minimum 12 I-feet 35-feet
Street Frontage
Total Acreage 37.7 -acres 11.75-acres (minimum)
of Common Except that, according to ECC Section 9-3-8 (C) the City may
Lots require additional public and/or private park or open space
facilities in PUDs or in subdivisions with 50 or more lots.
Percent of Site 32% 10% (minimum)
as Common Except that, according to ECC Section 9-3-8 (C) the City may
Area require additional public and/or private park or open space
facilities in PUDs or in subdivisions with 50 or more lots.
* Designates data based on the exclusion of the floodway and wetlands (30.5-acres). Data in
parentheses denotes inclusion of the floodway for comparison only.
H. GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Will provide a total of 32% of common area (10% required - see site data above).
The applicant will construct a public pathway system consistent with that shown on the
City's TransportationlPathway Network Maps #1 and #2. The public pathway will be
designed to generally abut the south side of the South Channel of the Boise River,
extending from the western boundary of the site (Eagle Road) to the eastern boundary of
the site. The pathway will be constructed within a twenty five foot (25') wide non-
motorized, pedestrian access easement as a ten foot (10') wide path consisting of a
compacted, crushed cinder material. The pathway will be constructed (graded and
compacted; no cinder or other base fill material) as a natural terrain path (10-feet wide)
through wetland areas.
As indicated in the letter, date stamped by the City on June 5. 2003, the Idaho Department
of Lands has obtained a twenty-five foot (25') wide easement for the greenbelt, which has
also been delineated on the preliminary plat.
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As required by Eagle City Code Section 8-2A-7(J)(4), the applicant proposes to construct
the required landscape buffer along Eagle Road abutting the western boundary of the
development.
Storm Drainage and Flood Control:
Street drainage plans for both public and private streets shall be submitted by the applicant
as required by the Subdivision Ordinance. Specific drainage system plans are to be
submitted to the City Engineer for review and approval prior to the City Engineer signing
the final plat. The plans are to show how swales, or drain piping, will be developed in the
drainage easements. Also, the CC&R's are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all
runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than l2-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 parcel is situated along the south side of the South Channel of the Boise River with
numerous existing trees located on the site, which are required to be evaluated by the City
Forester. 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. In addition, the ponds being created as part of the subdivision
(not considered "natural" features) will provide esthetical and recreational opportunities
for the residents of the development.
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.
I. STREET DESIGN:
Private or Public Streets: Public and Private
The configuration of all streets described herein are as show on the preliminary plat, date
stamped by the City on June 2, 2004.
Public: The applicant has proposed one public entryway into the subdivision from Eagle
Road (W. Laguna Pointe Drive), to be constructed as a divided roadway with landscape
islands (within eighty-feet of right-of-way), with twenty-one foot (21') wide lanes
separated by an eight-foot (8') wide landscape island. At an intersection approximately
two hundred and eighty feet (280') feet east of Eagle Road, the roadway splits into two
cul-de-sacs, one to the north and one to the south. These roadways are designed as thirty-
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six foot (36') wide street sections (located within fifty-seven feet (57') of right-of-way). In
addition, a thirty-six foot wide (36') stub street within fifty-seven feet (57') of right-of-
way is proposed to provide a connection to the properties to the west and south of this site.
All public streets are proposed to be constructed with five-foot (5') wide concrete
sidewalks separated from the back of curb by a five-foot wide landscape strip (the
landscape strip will be wider along portions of the main roadway, W. Laguna Pointe
Drive).
Private: The applicant is proposing to construct two gated, private streets (W. Laguna Isle
Drive and W. Laguna Cove Court). The private streets are easterly extensions from the
cul-de-sacs of the public roadways mentioned above. The northerly private roadway (W.
Laguna Cove Court) consists of a twenty-four foot (24') wide street section within a fifty
foot (50') wide common lot (Lot 39) and is approximately three hundred thirty feet (330')
in length. The southerly private roadway (W. Laguna Isle Drive) consists of a twenty-four
foot (24') wide roadway within a fifty foot (50') wide ingress-egress easement and is
approximately two thousand seventy feet (2,070') in length. Both private roadways are
proposed to be constructed to public street standards (in regard to all base course and
asphalt construction standards).
Applicant's Justification for Private Streets (if proposed):
See applicant's justification letter date stamped by the City on May 28, 2003, incorporated
herein by reference. The configuration of the private streets have changed from those
described within the May 28. 2003, letter. The configuration of the private streets
described herein are as show on the preliminary plat, date stamped by the City on June 2.
2004.
Blocks Less Than 500': No
Cul-de-Sac Design:
There are two public roadway cul-de-sacs proposed for the subdivision. The northerly
cul-de-sac is 850-feet in length. The southerly cul-de-sac is approximately 950-feet in
length. Both cul-de-sacs terminate within a 50-foot radius right-of way, surrounding a
landscaped island.
There are two private roadway cul-de-sacs proposed for the subdivision. Both cul-de-sacs
terminate within a 50-foot radius turn-around. surrounding a landscape island.
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 Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
J. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
See "Open Space, Greenbelt Areas and Landscape Screening" under "H" above.
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K. PUBLIC USES PROPOSED:
In addition to the pathway along the southern side of the South Channel of the Boise River
(as discussed under "Open Space, Greenbelt Areas and Landscape Screening" under "H"
above), a parking area with ten (10) parking spaces will be provided for public river
access.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
M, SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - Portions of this area are designated as a Hazard Area
and Special Area in the Comprehensive Plan
Evidence of Erosion - none specifically noted in the EAP
Fish - yes
Floodplain - yes - Boise River Floodplain
Floodway - yes (30.5-acres)
Mature Trees - yes
Riparian Vegetation - yes
Steep Slopes - possibly within mined gravel pits as noted within the EAP
Stream/Creek - yes - South Channel of the Boise River
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - none shown to exist as noted in the EAP
Wildlife - yes
N. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An EAP report has been submitted for review by the City Engineer. The EAP IS
incorporated herein by reference.
O. 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:
City Engineer: All comments within the engineer's Jetter dated July 18, 2003, are of special
concern (see attached).
Ada County Highway District
Chevron Pipe Line Company
City of Boise, letter dated June 22,2004
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
Idaho Transportation Department, letter dated June 11, 2004
Meridian Joint School District No.2
P. LETTERS FROM THE PUBLIC: A letter has been submitted to the City, as noted under "Public
Hearing of the Council" in Section "E" below.
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Q. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant states in the narrative that the development is proposed to develop in one (1)
phase, with an estimated final build out in 5 years. Construction is anticipated to begin as
soon as practical after City approvals.
R. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest.
floodplain preservation, and/or other special features which would not typically be provided in
a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective ofthe Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
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In cases of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
For a request of up to 10% of the gross land area to be directed to uses other than residential
(ie; commercial, industrial, public and quasi public uses that are not allowed in the land use
district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
1n cases where an increase in residential density of up to 15% of the allowable number of
dwelling units is requested:
22. LANDSCAPING - For up to 5%
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of
existing landscape, pedestrian way treatment, and recreational areas, incorporated into this
development, exceed that of a non PUD development.
23. SITING - For up to 5%
That the quality of the designs for visual focal points, use of existing features such as
topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation
pattern, physical environment, variation in building setbacks, and building grouping (such as
clustering), incorporated into this development, exceed that of a non PUD development.
24. DESIGN FEATURES - For up to 5%
That the quality of the designs for street sections, architectural styles, harmonious use of
materials. parking areas broken by landscaping features, and varied use of housing types,
incorporated into the development, exceed that of a non PUD development.
S. GENERAL STANDARDS FOR APPROVAL OF PRIVATE STREETS:
Section 9-3-2-5 (A) General Standards: Private streets may be permitted if the Council
determines that the private street is in compliance with each of the following standards:
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1. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings such
that private streets will serve to enhance the overall development;
2. The private street provides safe and effective movement of both vehicular and
pedestrian traffic;
3. The private street provides adequate access for service and emergency vehicles;
4. The private street does not adversely affect access or good transportation planning to
adjacent property and to the area travel networks;
5. The private street does not land lock adjacent property due to topography or parcel
layout;
6. Other than to provide emergency access, the private street does not connect one public
street to another, encouraging travel through the development served by the private
street;
7. The use or alignment of the private street does not interfere with the continuity of
public streets; and
8. An appropriate mechanism has been established for the repair and maintenance of the
private street, including provisions for the funding thereof.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT ADDENDUM (Dated June 17,
2004):
. The revised preliminary plat and preliminary development plan differ from the original plans
submitted for this application with regard to lot quantity, roadway configuration, and open space
layout. The number of buildable lots has decreased from 55 to 43, while the open space has
increased from 31.6-acres to 37.7-acres. The applicant continues to request a combination of
public and private roadways to serve the development, with gates located at the point of
connection between the private and public right-of-way (generally at the division of the R-2-DA-P
and R-E-DA-P zones).
. A Development Agreement initially was proposed by the applicant as a condition of rezoning to
assure the proper development of this parcel. The applicant's proposed conditions of the
development are noted below, with underlined text recommended by staff to be added and strike
through text recommended by staff to be deleted:
2.1 The Concept Plan represents the Owner's current concept for completion of the project. As
the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that anv such changes require additional public comment
due to potential impacts on surrounding property or the community, a public hearing shall be
held on any proposed change in the Concept Plan, notice shall be provided as may be required
by the City.
2.2 Tke Pr-ejleFt)' skall ee jleFHlittea tEl ee aevell:Jjlea witk ajljlrElKiHlately 37.38 aeres sf resiaeRtial
area ta ee ZElflea R 2 D.'\ P ta Rave a H1aXiHlIlHl aeflsi~ af 1.20 a'uelliflg Ilflits jler grass aere
aRa IiJljlFElximately 89.13 aeres te ee zeRea R E D.^. P tEl kave a HIal(iHlIlHlaeRsi~ af .12
awelliRg I:Iflits jler aere. The use of motodzed watercraft on the waterways within the
development shall be prohibited except that. if the City of Eagle modifies Eagle City Code
prohibiting the use of motorized watercraft (such as to allow watercraft with electric motors,
for instance). then any such permitted use will become a permitted use for the Laguna Pointe
development.
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2.3 The Owner shall submit a Design Review application for landscaping for the site (as required
by the Eagle City Code), and shall comply with all conditions required by Eagle as a part of
the Design Review.
2.4 The development shall comply with the Eagle City Code, as it exists in final form at the time
an application is made and the conditions within this agreement shall be satisfied.
2.5 The applicant shall complv with all reauirements of the Idaho Transportation Department and
the Ada County Highwav District with regard to access and roadwav construction.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT ADDENDUM:
Staff recommends approval of the annexation, rezone with development, conditional use permit,
preliminary development plan, and preliminary plat with the site specific conditions of approval
and standard conditions of approval provided within the staff report addendum.
PUBLIC HEARING OF THE COUNCIL AFTER MEDIATION:
A. Following mediation, public hearing on the application was held before the City Council on June 22,
2004, 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 three (3) individuals
who expressed concerns regarding: the potential incompatibility of uses due to the close proximity of
proposed dwellings to the future expansion area for the Boise City wastewater treatment facility; the
incompatibility of potential planned commercial uses adjacent to the planned residential uses to the
property to the south; the mediation process and how that process was implemented in regard to this
application.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicants/represen tati ve).
D. Written testimony in opposition to this proposal was presented to the City Council by one (1)
individual. The letter, date stamped by the City on June 17, 2004, is incorporated herein by reference.
E. A letter dated June 22, 2004, incorporated herein by reference, was submitted to the Council by the
applicant addressing the concerns raised by the City of Boise noted in their letter dated June 22, 2004.
COUNCIL DECISION:
The Council voted 4 to 0 (Nordstrom by telephone) to approve A-2-03/RZ-2-03/CU-5-03/PPUD-
1-03/PP-3-03 for a rezone with development agreement upon annexation, conditional use permit,
preliminary development plan, and preliminary plat for Laguna Pointe planned unit development
with the following conditions to be placed within a development agreement; and with the site
specific conditions of approval and standard conditions of approval (shown following the
development agreement conditions below):
CONDITIONS TO BE PLACED WITHIN A DEVELOPMENT AGREEMENT:
1. The Concept Plan represents the Owner's current concept for completion of the project. As the
Concept Plan evolves, the City understands and agrees that certain changes in that concept may
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occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed change in the Concept Plan, notice shall be provided as may be required by the City.
2. The use of motorized watercraft on the waterways within the development shall be prohibited
except that, if the City of Eagle modifies Eagle City Code prohibiting the use of motorized
watercraft (such as to allow watercraft with electric motors, for instance), then any such permitted
use will become a permitted use for the Laguna Pointe development.
3. The Owner shall submit a Design Review application for landscaping for the site (as required by
the Eagle City Code), and shall comply with all conditions required by Eagle as a part of the
Design Review.
4. The development shall comply with the Eagle City Code, as it exists in final form at the time an
application is made and the conditions within this agreement shall be satisfied.
5. The applicant shall construct the Eagle Road access as proposed pursuant to current roadway
engineering standards. eSHIflly witll all reEj,liireHieHts sf tAe Malls TraHsf3sftatisH Def3artmBHt aHa
tlle .\aa CSliHty Highway Distriet \VitA regllf8 ts aeeeGS aHa readway eSflstFlietisH.
SITE SPECIFIC CONDITIONS OF APPROVAL FOR CU-S.03/PPUD-l-03/PP-3-03:
1. Comply with all site specific recommendations of the City's Engineering firm (Holladay Engineering
Co.).
2. The applicant shall construct the Eagle Road access as proposed pursuant to current roadway
engineering standards. CSHIflly witll all eSHaitisHs sf tlle l.aa CSliHty Higllway Distflet aHa tlle Idallo
Def3llftmeHt sf TFaflsf3SFtatisH.
3" 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.
4. 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, or as approved by the Design Review
Board. The trees shall be located in the 5-foot wide landscape strip between the 5-foot wide concrete
sidewalk and the curb. Prior to the City Clerk signing the final plat, the applicant shall either install
the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of
the installation of all landscape and irrigation improvements within the 5-foot wide landscape strip.
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.
5. Within the twenty-five foot (25') wide easement along the South Channel of the Boise River, and
extending along the entire length of the development, construct a minimum ten-foot (10') wide
pathway consisting of a compacted, crushed cinder material. The pathway shall be constructed prior
to the issuance of any building permits for homes within the subdivision.
6" Construct a public river access parking lot to be located within Lot 1, Block 1, with a minimum of ten
(10) paved parking spaces. Delineate an easement on the final plat permitting public access to the
river access parking lot. Signs stating "Parking for Public River Access" for the ten (10) parking
spaces shall be posted within said parking lot. Locations of the signs shall be reviewed by staff prior
to the installation ofthe signs.
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7. The street configuration shall remain substantially as shown on the Preliminary Development Plan as
submitted to the City with this application.
80 The applicant's property shaH become annexed into the Eagle Sewer District's service boundaries and
shall comply with all applicable Eagle Sewer District regulations and conditions prior to approval of
any final development plan and final plat for this site.
9. In instances where the floodway line intersects the building lots, that portion of those lots lying within
the floodway (as determined by FEMA) shall be "non-build" portions of the lots and no
encroachments, buildings, or other structures shall be built thereon, pursuant to Eagle City Code
Section 1O-l-8-S (D). No equipment or vehicles shall be stored, or any solid-face fences constructed,
on any portion of these lots lying in the floodway and such shall be a condition to be within the
CC&R's. A note shall be placed on the final plai generally stating this requirement.
10. Install emergency vehicle actuator devices on the private roadway gates, with the type of aciuator
device to be approved by the Eagle Fire Department.
11. The northerly private roadway shall be delineated within a SO-foot wide common lot and block
designation and the southerly private roadway ~hall be within a SO-foot wide ingress-egress access
easement, as shown on the final plat.
12. Provide a note on the plat that states there shall be no parking aHowed within the 24-foot wide private
roadways. Provide a statement in the CC&R's that prohibits parking on the 24-foot wide private
roadways. "No Parking" signs shall be posted on one side of the private roadways prior to the
issuance of any Certificates of Occupancy.
13. Provide a note on the plat and within the CC&R's that states that each lot owner that abuts the private
roadways has the perpetual right of ingress and egress over the 24-foot wide private roadways, and
that the perpetual right shall run with the land.
14. Provide a copy of the Subdivision's CC&R's providing a plan and schedule for the future repair and
maintenance of the 24-foot wide private roadways. The CC&R's shaH be reviewed and approved by
the City Engineer prior to the City Clerk signing the final plat.
IS. Provide a note on the plat that states that the restrictive covenant for maintenance of the 24-foot wide
private roadways cannot be modified and the homeowners' association cannot be dissolved without the
express consent of the City.
16. The applicant shall submit payment in the amount of $1,312.00 based upon $400.00 (base fee) plus
0.38 cents per lineal foot (approximately 2,400-lineal feet of private roads, proposed within the
subdivision) prior to, or along with, the submittal of the final plat application.
17. Comply with all conditions of FPDP-2-03.
18. 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.
19. Comply with all conditions of the Chevron Pipeline as stated within the letter date stamped by the City
on June 9, 2003.
20. Place a note on the final plat referencing the instrument number (99117198) for the greenbelt
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easement bordering the northern portion of this development. The note shall further state that the 25-
foot wide easement is for the use by the general public for pedestrian. equestrian and other non-
motorized access in favor of the City of Eagle.
21. The applicant shall place a note on the final plat that all common lots are to be owned and maintained
by the Laguna Pointe Homeowner's Association. The applicant shall provide a copy of the CC&Rs
which include a similar statement regarding the common lots for review and approval, prior to the City
Clerk signing the final plat.
22. The applicant shall coordinate with the developer of the combined residentiaUcommercial project
(Lakemoor) located to the south of this development and ACHD regarding the location of a stub street
to provide connectivity between the two developments, as well as effective access to the proposed
traffic signal at the intersection of Eagle Road and Colchester Drive.
23. All existing buildings that will interfere with the proposed roadways or lot lines shall be removed from
the site prior to the City Clerk signing the final plat
24. Place a note on the final plat which provides cross access over the surface of the water of the ponds
between all lots.
25. Provide plans to the City Engineer regarding the alteration of the ponds on Lot 5, Block 1, with details
regarding the process of reclaiming any portion of the pond(s) in relation to the construction or
enlarging of any building pad.
26. All living trees that do not encroach upon the buildable area on any lot shall be preserved, or as
otherwise determined by the City Forester. All fallen trees along the South Channel of the Boise
River and within the slough along the southern boundary of this site shall be left in their natural state
to provide habitat for the existing birds and animals. Any fallen tree within the site's water features
(ie. pond areas) may be removed for safety reasons. If a fallen tree with a water feature (the northerly
potion of the pond within Lot 5, for instance) falls within the jurisdiction of the Army Corp of
Engineers them notification and approval from that agency is required prior to removing said tree. 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 development plan and
final plat.
27. All healthy trees (as determined by the City Forester) shall be preserved and integrated into the open
space design for the development and/or into the design of individual, private lots. A revised
preliminary plat and revised landscape plan showing how the trees will be integrated into the open
space areas shall be provided for Design Review Board approval prior to the submittal of a final
development plan and final plat.
28. The applicant shall have an on-site meeting with the City Forester to survey all extstmg 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.
29. 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.
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30. Final development plans shall be reviewed as "New Business" items and not as "Public Hearing"
items unless the City determines that any difference between the preliminary development plan and
final development plan needs additional public comment because of possible impacts to surrounding
property owners, to this development. or to the community, or inconsistency with the conditions
herein. If the City determines that a public hearing shall be held on the final development plan, notice
shall be provided for (as was required for the preliminary development plan).
31. 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 development
plan and final plat.
32. 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.
33. 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.
34. Useable open space amenities, subdivision signage, common area, street trees, eXlstmg trees.
pathways, buffer areas, perimeter fencing, etc., shall be reviewed and approved by the Design Review
Board prior to the submittal of a final development plan and final plat.
3S. The applicant shall submit a design review application and landscape plan showing fencing (if
proposed), trees, landscaping, and berming, and planting details within the required buffer area along
Eagle Road abutting this site for review and approval by the Design Review Board prior to the
submittal of a final development plan and final plat.
36. Building envelopes shall be depicted on the final plat for all lots located within SO-feet of the
floodway line (flood way line as shown on the accepted FEMA maps current at the time the final plat
is submitted to the City). The building envelopes shall be shown on the final plat to reflect the
minimum SO-foot setback from the flood way line. No construction shall be permitted within the SO-
foot floodway setback. For additional building envelope requirements see condition number 48
below.
37. The entire Laguna Pointe development shall remain under the control of one Homeowners
Association.
38. The applicant shall provide construction drawings for a pressurized irrigation system to service each
lot for review and approval by the City Engineer. at the time a final development plan and final plat is
submitted to the City. The system shall be designed to meet all standards as required by the City
Engineer.
39. The CC&R's for the Laguna Pointe 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.
40. The CC&R's for the Laguna Pointe Homeowner's Association shall provide that the storage of any
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vehicles, whether they be automobiles, recreational vehicles and equipment, watercraft and the like
shall only be stored in an enclosed garage, or within the side lot area screened by a fence, upon each
Lot.
41. 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.
42" 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.
43. 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".
44. Excavation for the creation of the site features within Laguna Point 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 and shall be completed within one year after approval of the preliminary development plan for
Laguna Point. A one year extension of time may be requested. Hours of operation shall comply with
the City's noise ordinance. On-site gravel crushing is prohibited.
45. Construct a meandering six foot (6') wide (minimum) concrete sidewalk within a one hundred-foot
(100') wide landscape common area (not including right-of-way) along the portion of the property
adjacent to Eagle Road.
46. Provide substantial landscaping screening along the entire southern property boundary. The
landscaping in this area shall be shown on the site's master landscape plan and shall be reviewed and
approved by the Design Review Board. The determination as to whether or not the landscaping
design in this area meets the requirement for "substantial landscape screening" shall be at the
discretion of the Design Review Board.
47. Remove note number 9 from the preliminary plat/preliminary development plan (as shown on the
preliminary plat/preliminary development plan date stamped by the City on June 2,2004).
48. Building envelopes shall be depicted on the final plat for all lots located along the southern boundary
of the development.
49. Place the following note on the face of the final plat: "The five (5) lots (Lots 16-20. Block 1) are
located adiacent to land that is owned by the Citv of Boise. The land is planned for possible future
expansion of the Boise City Wastewater Treatment Facility."
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all engineering 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
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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.e. Title 50, Chapter 13 and I.e. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.e. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
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-l-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb. or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
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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.
Co 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 (Le.; Commercial,
Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed 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
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Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. The applicant shaU place a note on the face of the plat which states: "Minimum building setback
lines shaU be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specificaUy 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 ofthe 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 shaU 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 shaU be
complied with. AU 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 shaU be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
28, No public board, agency, commission, official or other authority shaU 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)).
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After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
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 latest version of the preliminary plat/preliminary development plan which is the subject of this
application was received by the City of Eagle on June 2, 2004.
2. Notice of Public Hearing on the application for the Eagle City Council (after mediation) was published
in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on
June 7, 2004. Notice of this public hearing was mailed to property owners within three-hundred feet
(300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and Eagle City Code on June 7, 2004.
3. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-2-03 & RZ-2-03) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed rezone upon
annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designations of R-2-DA-P (Residential up to two units per acre
with development agreement and PUD) and R-E-DA-P (Residential Estates up to one
dwelling unit per two acres with development agreement and POO) is in accordance
with the Residential Two classification as shown on the Comprehensive Plan Land
Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
required to be provided as conditioned within the development agreement, to serve a
single-family dwelling residential subdivision on this property under the proposed
zone;
c. The proposed R-2-DA-P (Residential up to two units per acre with development
agreement and POO) and R-E-DA-P (Residential Estates up to one dwelling unit per
two acres with development agreement and POO) zoning districts are compatible with
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the R-2-P (Residential up to two units per acre POO) to the north since this
development proposes to provide residential uses, lot sizes and amenities that would
be compatible with the existing residential uses in that area;
d. The proposed R-2-DA-P (Residential up to two units per acre with development
agreement and PUD) and R-E-DA-P (Residential Estates up to one dwelling unit per
two acres with development agreement and PUD) zoning districts are compatible with
the RUT zone (Residential - Ada County designation) and the R-2-P (Residential up
to two units per acre POO) to the east since this development proposes to provide
residential uses, lot sizes and amenities that would be compatible with the existing
residential uses, and future residential uses which are anticipated to develop as shown
on the Comprehensive Plan Land Use Map at two or fewer dwelling units per acre;
e. The proposed R-2-DA-P (Residential up to two units per acre with development
agreement and POO) and R-E-DA-P (Residential Estates up to one dwelling unit per
two acres with development agreement and POO) zoning districts are compatible with
the area to the south since that area has been preliminarily approved to develop
residential uses with higher densities than those proposed within this development,
and existing trees along the southern boundary of this site, combined with the
substantial landscaping that is required herein along that area, will provide a natural
buffer to the non-residential uses proposed within the area to the south;
f. The proposed R-2-DA-P (Residential up to two units per acre with development
agreement and PUD) and R-E-DA-P (Residential Estates up to one dwelling unit per
two acres with development agreement and PUD) zoning districts are compatible with
Eagle Road to the west since this development is required to provide a landscape
buffer area abutting the east side of Eagle Road;
g. While the land proposed for rezone is located within a "Hazard Area" or "Special
Area" as described within the Comprehensive Plan, this development will be required
to comply with all the applicable City of Eagle ordinances regarding construction in
the floodplain, and preservation of the lands within the floodway as conditioned by the
agencies having jurisdiction over the Boise River Floodplain.
h. No non-conforming uses are expected to be created with this rezone.
4. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
and preliminary development plan (CU-5-03/PPOO-l-03) and based upon the information provided
concludes that the proposed planned unit development is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
A. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community because;
The subdivision is to transition from open pasture and former gravel extraction ponds to a planned
residential community with areas of landscaped open space, pathways and water features patterned
after the Island Woods and RiversEnd PUDs. A public river access to the South Channel of the
Boise River will be provided and residents will eventually be able to connect to the proposed
pathway within the Chevron Pipeline easement (located south of this development) to conveniently
walk or bicycle from one area of the City to other locales.
B. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area because;
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The Laguna Pointe development has been designed to incorporate the gravel extraction ponds
located in the eastern portion of the site to rehabilitate what may be considered a "scarring" of the
land and transform it into an amenity and recreational opportunity to the residents. In addition,
those portions of the site located either within the floodway or adjacent to the river are to be
preserved in their natural state, with no buildings or other improvements (other than a pathway
along the river) allowed within said lands.
e. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The development will have access from Eagle Road that does not travel through any existing
neighborhoods which would cause additional traffic upon local roadways. This development is
providing a stub street to the property to the south so as to aide in the design of a roadway
connection in coordination with the proposed development to the south in order to direct vehicle
traffic to a future traffic signal at the intersection of Colchester Drive and Eagle Road to avoid
potential conflicts with multiple uncontrolled accesses on Eagle Road. This development will also
be required to preserve existing trees along the South Channel of the Boise River and throughout
the site which will provide natural buffering for surrounding areas.
D. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors because;
No major impacts are expected as this development should only develop normal traffic patterns
that would be related to a 43-lot residential subdivision development. The proposed dwelling units
. on the site will be compatible with the existing units to the north and proposed residential and non-
residential uses to the south. Further, the use of motorized watercraft upon the ponds within the
development are prohibited as noted within the development agreement for the site.
F. That the development will be served adequately by essential public facilities such as highways, streets,
police and ftre protection, drainage structures, refuse disposal, water and sewer, and schools because;
All central services are available to be extended to the site, as noted within the letters provided by
the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and
other urban services will be provided at the developer's expense. The addition of more residences
to the area may help facilitate the construction of new buildings within the School system.
G. That the development will not create excessive additional requirements at public cost for public
facilities and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses.
H. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain
preservation, and/or other special features which would not typically be provided in a non-PUD
proposal because;
The development plan was designed with consideration to not only preserve the surrounding
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natural environment of the river and flood way area but to also allow residents to enjoy said
environment by allowing access into those areas through pathways and a sportsman's access.
1. That the vehicular approaches to the property are designed to not create an interference with traffic on
surrounding public thoroughfares because;
Access to the development will be from Eagle Road by way ofW. Laguna Pointe Drive. The
development will include a stub street to the parcel to the south which, upon further development
and connection to the stub street, will have access to a future traffic signal at the intersection of
Colchester Drive and Eagle Road. The design and construction of the roadways and entrances is
guided by both the Ada County Highway District and the Idaho Transportation Department.
J. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic
feature of major importance because;
The project area is limited due to the natural boundary of the South Channel of the Boise River to
the north and the man made boundaries consisting of Eagle Road to the west, ponds to the east, and
the proposed combined residential and commercial development to the south. With these
restrictions, the site will only develop the open land located between these boundaries while
preserving and incorporating the natural features that currently exist on the site.
K. That the proposed development will be harmonious with and in accordance with the general objectives
or with any specific objective of the Comprehensive Plan because;
The proposed development fits well with the Comprehensive Plan since the Plan calls for
Residential densities of up to two dwelling units per gross acre for this area, and with the
Residential-Estates zoning designation incorporated into this site, natural as well as manmade
features may be preserved and enhanced. In addition, a 10-foot (10') wide pathway will be
provided within the 25-foot wide easement located along the south side of the South Channel of
the Boise River, in conformance with the Comprehensive Plan TransportationlPathway Network
Map #1 of 2.
L. That the proposed development will be harmonious with and in accordance with the general objectives
or with any specific objective of Eagle City Code Title 8 because;
This application requests approval for a preliminary development plan and conditional use permit
as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet
the conditions herein. In addition, the development will be required to submit an application for
design review and comply with all Eagle City Codes and conditions of approval of the design
review.
M. That the benefits, combination of various land uses, and interrelationship with the surrounding area for
this proposed development justifies any proposed deviation from any standard district regulations
because;
The public street cul-de-sacs are approximately 850' and 950' feet in length, which are longer than
the 500' maximum length permitted within ECC Section 9-3-2-l(G). Roadway access for
emergency apparatus and vehicles beyond 500' is adequate as documented by the approval of the
Eagle Fire District. The Eagle Fire District approved plan is incorporated herein by reference.
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5. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-3-
03) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the density of the approved zoning designation
of R-2-DA-P (Residential up to two units per acre with development agreement and PUD) and
R-E-DA-P (Residential Estates up to one dwelling unit per two acres with development
agreement and PUD); 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 provide the
requires 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; and
d. Will not create excessive additional requirements at public cost for facilities and services since
services are available to this property, or will be required to be provided as conditioned within
the development agreement for this site; 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 reviewed and approved the
highway district having jurisdiction and is subject to the conditions therein; and
f. This development is in continuity with the capital improvement program since the required
public improvements have been installed on site, or are expected to be installed with the
development of individual lots as conditions of approval; and
g. That based upon agency verification, 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 Council'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.
6. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the Council
has determined that:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that the private street
will serve to enhance the overall development. The following reasons support the above noted
finding:
Because this development is located bound by the South Channel of the Boise River to the north,
and ponds to the east, the design will limit the number of units and configuration of lots allowed in
the 100 year floodplain; and because the applicant is planning to provide a unique housing
opportunity within the larger lots located in the R-E (Residential-Estates) zone of the development
by offering a secure and secluded setting accomplished in part by gated, non-continuous streets;
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2. The private street within the subdivision provide safe and effective movement of both vehicular
and pedestrian traffic because of the following:
The roadways will be designed to be non-continuous and terminate in cul-de-sacs, thereby limiting
the number of vehicles using the roadways; and because only 10 lots are being served by these
roads, the number of vehicles and pedestrians using the roadways is further limited;
3. The private street provides adequate access for service and emergency vehicles:
The Eagle Fire District will be required to approve the design of the roadways, and actuator
devices for emergency vehicles to be installed on any gates, and since the cul-de-sacs have been
designed with large enough turnarounds to accommodate the turning radius of emergency vehicles;
4. The private streets within the subdivision do not adversely affect access to adjacent properties:
The private street will not adversely affect access to adjacent properties since it will not connect
one public street to another and since it does not take away existing public street accesses to
surrounding properties;
5. The private streets will not landlock adjacent property due to topography or parcel layout as shown
on the proposed plan, and since all adjacent properties currently have access to public roadways;
6. The private streets within the subdivision do not connect one public street to another;
7. The use or alignment of the private streets within the subdivision do not interfere with the
continuity of public streets as noted above; and
8. An appropriate mechanism will be established for the repair and maintenance of the private street,
including provisions for the funding thereof, within the required CC&R's for the subdivision and
with any necessary notes to be provided on the final plat, all to be reviewed by the City Engineer
and City Attorney prior to City approval of the final plat.
DATED this 13th day of July 2004.
CITY COUNCil..
OF THE CITY OF EAGLE
~ unty, Idaho
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ATTEST:
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Sharon K. Bergmann, Eagle Ci Clerk
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