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Findings - CC - 2006 - A-9-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06 - +/-96-Acres/A Rezone Of 623.9-Acres From A And Rr To R2-Da-P/Legacy Pcommun BEFORE THE EAGLE CITY COUNCIL ORIGINAL IN THE MATTER OF AN APPLICATION FOR ) AN ANNEXATION, REZONE WITH A ) DEVELOPMENT AGREEMENT, CONDITIONAL ) USE PERMIT, PRELIMINARY DEVELOPMENT ) PLAN, AND PHASE ONE PRELIMINARY PLAT) FOR LEGACY PLANNED UNIT DEVELOPMENT) FOR SIGNATURE SPORTS DEVELOPMENT, LLC) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A -9-0S/RZ-13-0S/CU -12-0S/PPUD-13-0S/PP-0 1-06 The above-entitled annexation, rezone with a development agreement, conditional use permit, and preliminary development plan applications came before the Eagle City Council for their consideration on November II, 2005, January 10,2006, January 24, 2006, and January 31, 2006, on February 16,2006 and March 2, 2006 the applicant submitted a modified application to include a preliminary plat, removing the golf course and increasing the residential units. The modified application was remanded back to the Planning and Zoning Commission and heard by the City Council on May 9, 2006, May 23, 2006 and on August 8, 2006. The public hearing was closed at that time. 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: Signature Sports Development, LLC is requesting annexation of +/-96-acres, a rezone of 623.9-acres from A (Agricultural) and RR (Rural Residential-Ada County Designation) to R-2-DA-P (Residential two units per acre maximum with a development agreement - PUD), and conditional use, planned unit development preliminary development plan and preliminary plat (phase one only) approvals for the Legacy Planned Community. The entire development consists of 623.9-acres (maximum of I ,373-residientiallots with a maximum of 38-acres of commercial and is located approximately I,850-feet north of State Highway 44 between Linder Road and State Highway 16. The first phase of the preliminary plat is comprised 01'228.79 acres with 386 lots (344 residential, 41 common, and I academy lot) located south of Floating Feather Road east of Linder Road. B. APPLICATION SUBMITTAL: The applications for this item were received by the City of Eagle on July 21,2005 and modified on February 16,2006. C. NOTICE OF PUBLIC HEARING FOR MODIFIED APPLICA nON: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on March 13,2006. 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 March 3, 2006. Requests for agencies' reviews were transmitted on March 2, Page 1 of 45 K:IPtanning DeptlEagle ApplicationslPreliminary Dovclopmenl Plansl20051Legacy PU D ccf.doc 2006, in accordance with the requirements of the Eagle City Code. The site was posted on March IS, 2006 in accordance with Eagle City Code. Notice of Public 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 April 17, 2006 and on July 17, 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 April 17, 2006 and July 19, 2006. The site was posted on March 18, 2006 and on July 27, 2006 in accordance with Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: This item was previously heard by the Eagle Planning and Zoning Commission and the Eagle City Council on the following dates: Planning & Zoning: 9-6-05 9-12-05 10-3-05 10-24-05 II-7-05 4-3-06 Citv Council II -22-05 1-10-06 1- 24-06 1-31-06 5- 1 6-06 5-23-06 8-8-06 A redesign was submitted by the applicant on February 16,2006, and modified again on March 2, 2006, at which time the phase one preliminary plat was included. E. COMPANION APPLICATIONS: All applications are inclusive herein. F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): See the justification letter date stamped by the City on March 2, 2006, provided by the applicant's representative. (Attached to the staff report and incorporated herein by reference) Page 2 of 45 K:IPlanning Dept\Eagle ApplicationslPreliminary Development Plansl2005lLegacy PUD ccf.doc G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNA TION Existing Residential Two (up to 2-units A (Agricultural), RUT Single-family dwellings, per acre max.) (Rural Urban Transition - pasture, feed lot Ada County Designation), RR (Rural Residential - Ada County Designation) Proposed No Change R-2-DA-P (Residential PUD Residential PUD with Development Development Agreement North of site Residential Two (up to 2-units RR (Rural Residential - Single-family dwellings, per acre max.) & Floodway Ada County Designation) pasture, feed lot South of site Residential Two (up to 2-units RR (Rural Residential - Single-family dwellings, per acre max.) & Transitional Ada County Designation) pasture, Longhom Residential R-2 (Residential) Subdivision. Proposed Eaglefield Subdivision East of site Residential Two (up to 2-units R-2-DA (Residential Copperfield and Senora per acre max.) & Residential Two with Development Creek Subdivisions Three (up to 3-units per acre Agreement) & RUT Subdivision & Agricultural max.) (Rural Urban Transition - land Ada County Designation) West of site Residential Two (up to 2-units RR (Rural Residential - State Highway 16, & Feed per acre max.) & Residential Ada County Designation) lot Three (up to 3-units per acre max.) SITE DATA FOR THE PUD: Total Acreage of Site - 623.9-acres Acres of Residential: 437.3 acres (70% of the project) Total Number of Units - 1,373 maximum Acres ofCommercial*: 7.6 Acres (1.2% of the project) *Per the applicant's requested development agreement the commercial are could be intensified to a maximum of 31.2 acres or (5% of the site) Page 3 of 45 K:\Planning Dept\Eagle Applicalions\Preliminary Development Plans\2005\Legacy PU D L'cf.doc Acres of Open Space: -124.8 Acres (21 % Minimum) 3 Hole Golf Practice Course: -31.2 Acre (5% of the project) Community Open Space: -63.4 Acres (10.0% of the project) Academy Core: -37.4 (6% of the project) Other Uses: 47.9 Acres (6.7% of the project) Industrial: 0 (0% of the project) School Site- 10 Acres (1.6% of the property) Primary Roads: 37.9 (6%of the property) Additional Proposed Required Site Data Dwelling Units 2.20 units/acre 2-units per acre (maximum) in the R-2 zoning district Per Gross Acre Minimum Lot See pg. 6 for 17,000 sq. ft. (minimum) in the R-2 zoning district Size specific Except that a decrease of minimum lot size in a subdivision may preliminary plat be allowed if there is an offsetting increase of the same square- dimensions. footage in open space and a planned unit development is applied for and approved) - per ECC Section 8-2-4 (G). Minimum Lot See pg. 6 for 75-feet in the R-2 zoning district Width specific preliminary plat dimensions. Minimum See pg. 6 for 35-feet Street Frontage specific preliminary plat dimensions. Total Acreage 124.8-acres 62.4-acres (minimum) of Common 3 Hole Golf Practice Course: -31.2 Acre (5% of the project) Lots Community Open Space: -63.4 Acres (10.0% of the project) Academy Core: -37.4 (6% of the project) Except that, according to ECC Section 9-3-8 (C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. Percent of Site 21% minimum - see above as Common (10%*) * 10% is open space located within the individual development Area pods through out the project. FOR THE ENTIRE PUD Page 4 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plansl2005lLegacy PUD ccf.doc SITE DATA FOR THE PRELIMINARY PLAT PHASE ONE: Total Acreage of Site - 227.53-acres (31.6% of the PUD) Acres of Residential: II3.97 acres (50.04% of the phase) Total Number of Units - 343 (25% of the PUD) Single Family Detached - 289 Town house/Condo - 54 Balance of units for future Phases: 1,030 (75% of the total units) Acres of Commercial: NONE Acres of Open Space: 113.56 acres (49.9% of the phase, 90% of the open space for the PUD) Golf Course/Academy Core: 85.49 acres (78.8% of the phase, 68.5% of the open space for the PUD) Community Open Space: 28.07 acres (24.7%% of the phase, 44.3% of the open space for the PUD) Balance of open space for future Phases: 11.24 acres (9% of total open space) Page 5 of 45 K:IPlanning DeptlEag1e ApplicationslPreliminary Development Plansl2005lLcgacy PU D ccf.doc FOR PHASE ONE OF THE PRELIMINARY PLAT-PHASE ONE Additional Proposed Required Site Data Dwelling Units 1.51 units/acre 2-units per acre (maximum) in the R-2 zoning district Per Gross Acre Minimum Lot 4,034 sq. ft. 17,000 sq. ft. (minimum) in the R-2 zoning district Size 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 See Chart Below 75-feet in the R-2 zoning district Width Minimum See Chart Below 35-feet Street Frontage Total Acreage I 12.67 -acres 78.2-acres (minimum) of Common In Phase One of the preliminary Plat: 22.75-acres for 10% Lots minimum plus 55.45-acres for lots smaller than the minimum (17,000 SQ. FT.) - per ECC Section 8-2-4 (G) Golf Course/Academy Core: 85.49 Acre Community Open Space: 42.96Acres Community Open Space: 26.88 Acres for 10% minimum plus 51.02-acres for lots smaller than the minimum (17,000 SQ. FT.) - per ECC Section 8-2-4 (G) Except that, according to ECC Section 9-3-8 (C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. Percent of Site 49.52% minimum - see above as Common (11.8%*) * 11.8% is open space located within the individual development Area pods through out the project. Product type locations are identified in "Exhibit A" of the Development Agreement. the proposed lot sizes and setbacks by product type area as follows: Product Type Approx. Lot Size % of Units Approx. Number of Units Townhouse 3,800-4,9999 sq. ft. 14-20% 275 Patio Homes 5,000 - 7,999 sa. ft. 32-40% 549 Custom 8,000 - 11,999 Sq. ft. 28-35% 481 Estate Homes 12,000 + sq. ft. 12-20 % 343 PROPOSED PUD LOT SIZES & MIX Page 6 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plans\2005ILegacy PUD ccf.doc PROPOSED PUD SETBACK PARAMETERS Min. Approximate Lot Street Interior Street Lot Type Size Frontal!:e Front Rear Side Side 8 ft from property line or back of sidewalk whichever is greater for living Townhouses (max 3,800-4,999 SQ. space; 20 ft for the of 5 connected) FT. (32x 120) 30 ft garage 10 ft Oft 10ft Detached Units IS ft from living 5,000-8,000 SQ. space; 20 ft from the Patio Homes FT. Patio Stvle 30 ft garage 10ft 5ft 20 ft 8,000-12,000 SQ. 5ft + Custom FT. 30 ft 20 ft 25 ft 2.5* 20 ft 12,000-33,000 SQ. 7.5 + Estate Homes FT. 30 ft 25 ft 25 ft 2.5 20 ft *2.5 ft per story for multi-story product Product Type Approx. Lot Size Number of lots % of units w/in Phase % of total Townhouse 3,800-4,9999 sq. ft. 54 16% 20% Patio Homes 5,000 - 7,999 sq. ft. 74 21% 12% Custom 8,000 - 1I,999 sq. ft. 105 31% 20% Estate Homes 12,000 + Sq. ft. 110 32% 42% Total: 343 PROPOSED PHASE ONE LOT SIZES & MIX J. GENERAL SITE DESIGN FEATURES: Open Space, Greenbelt Areas and Landscape Screening: The applicant has stated they will provide a total of approximately 140 acres of common area (Golf Practice Course 54.1 acre, Community Open Space: 57.7 acres, Academy Core: 16.5 acres), The Community open space will include at a minimum: Ten (10) acres of community park land Tot lot (at least I) Regional Trails (connecting through the site from east to west and south to north) A community pathway system will provide connections through the development. Due to the conceptual nature of this application not all aspects of the development have been addressed see staff discussion on pg. 29. Conceptual elements of the open space and landscape design are contained in Exhibit A of the proposed design guidelines. Page 7 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plansl2005\Lcgacy PUD ccf.doc Phase One of the preliminary plat will contain 90.5% (113.97 acres) of the PUD's required open space (214.8 acres) comprised mainly of the 3-hole golf practice course and the academy core. Storm Drainage and Flood Control: Street drainage plans shall be submitted by the applicant as required by the Subdivision Ordinance at the time of preliminary plat. 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 graded so 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 9-3 requires all utilities be underground. Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide. Applicant is proposing the following: Note 1&2 of the Preliminary plat reference alO-foot rear and 5 -foot side utility setback. The proposed development is located within the City of Eagle Municipal Water Service area and requires connection to the municipal water system. The applicant has identified three proposed City of Eagle wells sites which will contain at least one municipal well to provide water service to the project. Well site are detailed on "Exhibit A" of the development agreement. Irrigation water will be provided from existing groundwater and surface water rights on the property. The applicant is proposing to receive sanitary sewer service from the Eagle Sewer District. The applicant has identified a location of a temporary lift station within the project until a permanent site can be built. The property is in the process of being annexed into the Eagle Sewer District this process must be complete before approval of any final plat. Once annexed construction drawings must be submitted to the sewer district in order to serve the first phase of the preliminary plat. 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: See the applicant's justification letter, attached hereto. 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. Page 8 of 45 K:IPlanning DeptlEag1e AppJicationslPreliminary Development Plansl2005lLegacy PUD ccf.doc K. STREET DESIGN: Hierarchy: The applicant proposes to realign Floating Feather Road and Hartley Road within the project as well as constructing a local access road along State Highway 16. Widening will be required along Linder Road, Floating Feather Road, and Palmer Lane An internal collector road and local roads will be constructed throughout the development. The location of conceptual major roadway improvements are shown on "Exhibit A" of the development agreement. Public Roads Numerous public roads will be constructed within the project. Key projects include a realignment of Floating Feather Road between Palmer Lane and Linder Road, the construction of a residential collector through the project, and the construction of a north/south local road to provide connectivity between State Highway 44 (State Street) and Floating Feather Road along the State Highway 16 corridor. The applicant proposes three (3) different typical cross sections for public roads within the development, most street section include sidewalk and/or pedestrian pathways on both sides with one exception when the golf practice course is adjacent to the roadway.. The proposed cross sections are as follows: ~':J I'. '1- ..-J I . ,,' , '::~, -_.:;--~y-~ >:';;i~";,v"7':'~ - -"VjPE ~. J<";; ';..r J...'%-- , ... -I ~''';<-7" >,-q~~-,::'.~-:~ i--r scr',q .>4' "V.' "CO ~'iT (,f':_:."ii.1 .....' MOSCA SECA 50' RIGHT-OF-WAY DETACHED SIDEWALK TYPICAL LOCAL SmEET SECTION ."ns- r i..'.':;:!>N 11'\ "1"'" '-' r, . " f" ~ ,,' .1, This cross section would be used for all local roads, public and private within the development. Note that a 6 ft, detach sidewalk is required on both sides. :Y -:-- . p ,:,' '" -' I .' /"7~ )/T;,... )'L''':--'I.'~,;, -'-'~;l{Ft.. 20;""1;;: -.'-----r'+~-. :-:"';P;" /~IC:;; :',/.'" \~ NU~ (FL,'~~Il[ C>;,,\Vr ',:Ph\L': :'-":;/[\/1 ~_J 60' RIGHT-OF-WAY COLLECTOR STREET SECTION -N rs- MOSCA SECA Page 9 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plansl20051Legacy PUD ccf.doc This cross section would be used for Signature Drive, The Highway 16 frontage Road, and Palmer Lane, Note that a 6 ft, detach sidewalk is required on both sides. / " :;-1~\iillQ;;t\:~,t~~'5~":,i-1~: .-~~~~ST3~?~7~::~j12'~:;:~:h2~;--,3;--'J}~T'I:,:0:'~l-:~~~!:;]~ f,1:'I_):~' :.\_F'::~ "; lilt-; UN ,-:~" "~;"--/\l f:t.';Ui~-~,J ,,[.' ",',fi't.:' 20' RIGHT-OF-WAY!' INTERIOR ALLEY - cns- MOSCA SECA This cross section would be used for the public alley between Gold Medal Drive and Olympic Street. Note that a 6 ft, detach sidewalk is required on both sides. For Phase One of the Preliminary Plat: There are four (4) knuckles proposed within the development at the following intersections: Two (2) along Signature drive across from the intersection with Clay Court Way The intersection of Chastain Way and Olympic Street The intersection of the unnamed cul-de-sac and US Open Drive Cul-de-sac Design: Fourteen (14) Cul-de-sacs are proposed: Unnamed cul-de-sac at the south west comer Aussie Open Place Hamm Way Champions Place French Open Place World Cup Court Golden Bear Court E. Wimbledon Court W. Wimbledon Court E. Foudy Court W. Foudy Court Loop off Gold Medal Drive Albatross Court Olympic Court Private Street: The applicant is requesting the allowance for up to 18% of the site to be gated private streets (as part of the development agreement) citing security for notable residents and special events as the main motivation for this request. As proposed, four areas of the development would have private gated streets. The applicant does not have a proposed typical cross section but proposes a 36-foot (36') wide street, from back of curb with a detached sidewalk on both sides. The areas shown to be served by private streets are shown on "Exhibit K" within the development agreement. Page 10 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plansl20051Legacy PUD ccfdoc L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULA nON: 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 system will connect existing and future residential developments as well as the proposed elementary school site. 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. M. PUBLIC USES PROPOSED: A IO-acre elementary school site is proposed within the development. 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 tree preservation section above Riparian Vegetation - no Steep Slopes -no Stream/Creek: no Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - unknown P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): An EAP plan will be required at the time of preliminary plat submittal. Phase one is attached. Q. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments which appear to be of special concern are noted below: City Engineer: All comments within the Engineer's letter dated August 30, 2005 and March 21, 2006, are of special concern (see attached). Ada County Highway District - This application will not be heard by the ACHD Commission until April 12, 2006 Central District Health Department Page 11 of45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plansl2005lLegacy PUD ccf.doc Chevron Pipeline Department of Environmental Quality Drainage District #2 dated Eagle Fire Department Eagle Sewer District Idaho Department of Transportation Joint School District No.2 Middleton Mill Ditch Company R. LETTERS FROM THE PUBLIC (Attached to the staff report ): Randy & Sue Ann Baxter- Concerns about removal of the Golf Course Wayne Forrey- Concerns about the future alignment of Floating Feather Road Nancy Frost- Support of the project and the use of exclusive facilities Marie Helfferich- Concerns about the potential expansion of the PUD Ken & Pat Marlin- Concerns about removal of the Golf Course Kenneth Marlin- Concerns about infrastructure funding prior to the development approval Bud Roundtree- Concerns about the Removal of the golf course and exclusivity of the development S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing submittal of three to ten preliminary plats which will each be internally phased. It is anticipated that the development will be constructed over a 10 year period but, specific timing will be determined at the time of the preliminary plat submittal. T. 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. Page 12 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plansl20051Legacy PUD ccf.doc 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 of the Comprehensive Plan. I I. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. IS. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. For a request of up to 10% of the gross land area to be directed to uses other than residential (i.e.; commercial, industrial, public and quasi public uses that are not allowed in the land use district): 17. That the uses are appropriate with the residential uses. 18. That the uses will serve principally the residents of the PUD. 19. That the uses are planned to be an integral part of the PUD. 20. That the uses located and designed to provide direct access to a collector or arterial street. 21. That the proposed street connections will not create congestion or traffic hazards. In 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. Page 13 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plansl2005lLegacy PU D cd. doc 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. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: The Legacy application is unique for they are asking for annexation, rezone with a development agreement, a conditional use permit, preliminary development plan, and preliminary plat approval, however the preliminary plat approval is for phase one only, not the entire development. In essence the applicant is requesting approval of the concept, the intent and the restrictions to be placed on a future development within the City of Eagle. As Legacy moves forward to plat individual phases, those applications will have public hearings and will be analyzed to determine if they meet the Eagle City Code and the proposed development agreement and the PUD conditions of approval. Staff recognizes the complexity of this application and full verbal overview and analysis will be given at the public hearing to further detail many of the aspects of this application. A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 2000 EAGLE COMPREHENISVE PLAN CHAPTER 6 - LAND USE 6.3 Land Use Designations Residential Two: Suitable primarily for single family residential development within areas that are rural in character. 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. (6.7j) 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. Page 14 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plansl20051Legacy PUD ccf.doc 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 - TRANSPORTATION 8.6 Implementation Strategies (8.6a) 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 TransportationlPathway 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. (8.6b) Integrate all modes of travel to support air quality improvement measures; and (8.6e) Encourage new development to provide for pedestrian, equestrian, and bicycle circulation in accordance with the City of Eagle TransportationlPathway Network Maps #1 and #2, adopted local and regional pathway plans, as may be needed for intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is not unnecessarily pushed out onto arterials and collectors. (8.6c) 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; (8.6m) 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 (8.6p) 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. (8.6i) Encourage street lighting to increase roadway and neighborhood safety while preserving a rural environment free of any unnecessary lighting. CHAPTER 9 - PARKS, RECREA nON AND OPEN SPACES Page 15 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plansl20051Legacy PUD ccf.doc 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, 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. (10.3b) The location of all housing should be coordinated with provisions for adequate public facilities and services. CHAPTER II - SPECIAL AREAS AND SITES 11.4 Implementation and Strategies Page 16 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plansl20051Legacy PUD ccf.doc (11.4a) Protect and improve natural and man-made waterways. (l1.4g) Preserve existing trees and establish appropriate landscaping as a part of new developments. (I I.4h) Encourage the preservation of habitat areas which provide for fish and wildlife. (I1.4i) 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 (12.4a) 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. (12.4k) 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). (I2.4q) Maintain the rural residential character and open space environment in and around the City. SOARING 2025 WESTERN AREA PLAN: Chapter 2-Community Design 2.3 Goals Sustainability at build out (2025): Ensure the ability for the city to continue to fund, improve and support itself, including infrastructure and parks, without the use of building permit fees, impact fees and zoning fees. Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve the function of regionally significant roadways through the City while ensuring compatibility with land uses and design standards of the City. 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. a. Provide increase residential density along the State Highway 44 and State Highway 20/26 corridors when accompanied by alternative access plans. Page 17 of 45 K:IPlanning Dept\Eagle ApplicationslPreliminary Development Plansl2005lLegacy PUD ccf.doc b. Maintain a Vision Map that encapsulates the intent and opportunities contained in the Comprehensive Plan. (See Map 2.1) k. State Highway 44, State Highway 20/26, State Highway 16 and the proposed east west collector are designed as scenic corridors requiring landscaped setback and separated meanderings sidewalks. 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. Chapter 3-Economic Development 3.3 Goals Ensure the ability for the City to continue to fund, improve and support itself, including infrastructure, without the use of building permit fees, impact fees and zoning fees. Identify areas that will provide significant employment opportunities to the residents of the City of Eagle thereby allowing the City to be a place to live, work, and recreate. Identify areas that, due to the nature of existing uses, future uses and/or transportation corridors, will lend themselves to increased activity and nonresidential use so as to preserve larger areas as primarily residential neighborhoods. a. Encourage the balancing of commercial uses throughout the City and the western planning area to avoid overloading key intersections and individual planning areas. c. Encourage the interconnectivity of residential and nonresidential areas within the westem planning area to the existing CBD and greenbelt system. Chapter 4-Public Facilities 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. 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 Page 18 of 45 K:IPlanmng Dept\Eagle ApplicationslPreliminary Development Plansl20051Legacy PUD c"f.doc 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. 4.6.1 Domestic Water Goals Ensure a safe, reliable and cost-efficient water supply, distribution system and storage reservoir to support water demands of current users and projected demands of land development in accordance with the Eagle Comprehensive Plan. Develop a groundwater supply and water storage system to provide for domestic, emergency, and fire flows that meet federal, state and local standards and the service demands of development. (See Map 4.3) Develop an interconnected water system owned and operated by the City. Protect groundwater quality and conserve the natural groundwater resource. Ensure water service shall provide a minimum of 40 psi and a maximum of 85-90 psi, and fire flows of 1,500 gallons per minute, in accordance with state requirements. Promote the utilization and reuse of surface water sources for non-potable uses such as irrigation and water amenities. Ensure that the cost of new and upgraded water facilities is bome by those who benefit from them. 4.7.1 Irrigation Water Goals Protect the existing irrigation system and increase use or reuse of the surface water resource for park, residential and commercial landscape irrigation and water amenities. Maintain irrigation standards that promote the conservation and reuse of surface water. Ensure that new development incorporates existing irrigation water for landscape irrigation and water amenities when water rights are available on-site or by means of appropriation or transfer. Maintain surface water rights within general areas of use to ensure adequate supply for the enjoyment of amenities such as city parks and greenbelts. Page 19 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plansl200SILegacy PUD ccf.doc a. Encourage policies such as the lining of ponds to maximize the use of water resources. b. Develop an irrigation water policy and standards for construction for guidance in the preparation of pressurized irrigation plans. c. Pursue the acquisition and development of surface water rights for use III parks and greenbelts. d. Communicate with irrigation districts and companies to provide adequate protection of canals to ensure future access and operation of canal system for domestic irrigation. e. Establish water rates for potable water used for irrigation that encourage use of surface water as the first alternative for development. 4.9.1 Sewer Goals Ensure that sewerage and effluent disposal utilities expansion and extension will keep pace with and be available in a timely manner to development projects within the City. Ensure that sewerage and disposal facilities development will not through insufficiency foster impediments to orderly and appropriate development of the City as set forth in other sections of this Comprehensive Plan. Provide assurance of Eagle's capability to sustain orderly and appropriate growth by maintaining awareness of Eagle Sewer District's plans for expansion and schedules for extension, and reviewing how these plans fit with the known plans of the development community in Eagle. a. Consult at regular interval with Eagle Sewer District regarding its expansion and extension plans. b. Compare what is known ofESD expansion plans with City's information regarding planned development within the City and Impact Area. c. In the event that ESD is unwilling to provide central sewer service the City should maintain knowledge of alternatives available to the City to take action that might expedite necessary sewerage and disposal expansIOn and extension, if needed to accommodate orderly and appropriate development in a timely manner. Chapter 5-Transportation Page 20 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plansl2005\Legacy PUD ccf.doc 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 corridors for ACHD planners to evaluate that best emphasize the needs of developing areas while lessening the potential for congestion. Maintain a land use decision-making process that is supportive of the service level standards identified in the most recent Regional Transportation Plan for Ada County of record, and which is protective of living environments along streets. 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 cut through traffic. b. The most recent Regional Transportation Plan for Ada County of record is adopted by reference as part of the City of Eagle Comprehensive Plan. c. Periodically review the street classification system and work with ACHD and the Community Planning Association to amend the streetclassification system as needed. Any street reclassifications shall be contingent upon an analysis of existing street configuration, existing land uses, lotting patterns, location of structures, impact on neighborhoods and area-wide transportation needs. Upgrading of residential streets to collector and arterial status shall be discouraged and shall only occur where a significant community-wide need can be identified as part of the adopted Regional Transportation Plan. (See Map 5.1) 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. i. New developments shall be required to stub access to adjacent underdeveloped parcels, where appropriate. Page 21 of 45 K:\Planning DeptlEagle ApplicationslPreliminary Development Plansl2005\Legacy PUD ccf.doc 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. n. Support the access restriction policies of the Ada County Highway District. o. Discourage direct lot access to parcels abutting collector streets. p. Limit access to all arterial streets. Z. Work with the development community, ACHD and COMPASS to construct the following roadway projects: East! West Boulevard- Connect State Highway 16 to Linder Road (existing bridge crossing) north of Floating Feather. Design is to be a "Park Center" style road with planted medians and meandering alignment. This road will serve as the main minor arterial through the Village Center and Planning Area. The Village planning is designated to accommodate nearly 5,000 housing units and approximately 600 acres of civic, corporate, retail and office uses. This road should include significant landscaping and a detached meandering pathway. l' ,-" .1 oj v;> <,\1-,' ; )1 . ';:L~:~~"':""'-"""',., li~, ii ':i:.~':' ..'-m~ ,r~T , ~t~... ..~ ".~;( JiL t __~._..,-"'_ 1~~ , I ._.~~..- 1._.- .. ~# ..'- '4""""." ~ ~~.- ""L,,,,*,.A""N."., I ..... ~...u.. llo..'k East! West Boulevard Concept Cross Section State & Highwav 16 Ring Road: A new access road to primarily serve the commercial and business park use proposed at the intersection of State Highway 16 and State Highway 44. Transitional residential uses to the north and east of this road will also access from this road. This road provides an altemative to the frontage roads proposed by ITD along Hwy 16. This road should include significant landscaping and a detached meandering pathway. Page 22 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development PJansl20051L.egacy PU D ccf.doc Floating Feather: This is a proposal to smooth out the alignment of Floating Feather at Palmer Road. The city has heard from developers south of this intersection looking to abandon Palmer Road south of Floating Feather that may help facilitate this realignment. Similarly to Beacon Light Road, a desire was expressed to provide a "greener" feel to this road way through the city. The proposed cross section includes planting strips and a detached meandering trail. r I .",; , , ~'l" ,; """~... '... F'.. "'V..~ r " , '1-... _-lo..'t~.l.d' "U~~~~_~ <~:.,"I ,,' :".~'# t ",,,' "".^."""""'.~. ""d_",,,", "'.,' li.......-, .,....{l~.. Beacon LightIFloating Feather Cross Section Or a similar cross section as warranted by future transportation volumes or determined appropriate by ACHD Chapter 6 - Land Use 6.2 Goals Sustainability at build-out (2025): Ensure the ability for the city to continue to fund, improve and support itself (including infrastructure) without the use of building permit fees, impact fees and zoning fees. Identify "Activity Centers": Identify areas that, due to the nature of existing uses, anticipated uses, and/or transportation corridors, will lend themselves to increased activity and non-residential use while preserving larger areas as residential neighborhoods. Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve the function of regionally significant roadways traveling through the City while ensuring compatibility with land uses and design standards of the City. Increased Employment Opportunities: Identify areas that will provide significant employment opportunities to the residents of the City of Eagle, thereby supporting the City as a place to live, work, and recreate a. Maintain a Vision Map that depicts opportunities for creating and enhancing activity centers and linkages between planning areas and the existing City. (See Map 2.1) 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) Page 23 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plansl2005lLegacy PUD ccf.doc c. Use smaller planning areas to help guide development in the western planning area. (See Map 6.2) d. Non-residential uses should be limited to designated areas, with scaling and intensity paramount to the approval of these uses. 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. f. Commercial and subdivision development within the City will be subject to Design Review. g. The creation of single use commercial and office districts should be discouraged, while uses that serve a variety of uses shall be encouraged. h. New mid-block commercial development should be discouraged along arterial and collectors unless it is specified in the plan and meets the principles of New Urbanism and/or provides cross access between adjacent commercial parcels. Existing mid-block commercial uses of a marginal nature shall be encouraged to convert to residential uses. 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.I 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; Ancillary neighborhood commercial and retail uses that focus and serve the immediate Floating Feather Planning Area; 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. Page 24 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plans\2005lLegacy PUD ccf.doc 6.4E.2 Access Access to the area from State Highway 16 shall be limited to Floating Feather Road and the Y2 mile ring road to be located to the south of the area. All uses shall rely on internal local road circulation and a proper street hierarchy to safely and efficiently move traffic through the area without forcing local trips onto the regional roadway network. Floating Feather Road is identified as an urban collector from State Highway 16 to Linder Road. Special consideration should be made for the improvement and realignment of Floating Feather Road, design standards should include separated sidewalks and street trees similar to Old State Street west of Eagle Road. The State Highway 16 corridor should be designated as a scenic corridor requiring berming and landscaping within the City of Eagle. At the western edge of this area, Linder Road will merge with the proposed east/west boulevard and should include street trees, separated sidewalks and landscaped medians; sufficient right-of-way and setbacks should be preserved to facilitate the construction of this roadway. 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. Floating Feather Road and State Highway 16 should be designated as a minor gateway to the City of Eagle with appropriate landscaping, entry features, and place-making features should be integrated into the design of the 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. 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. Page 25 of 45 K:IPlanning DeptlEagle Applications\Preliminary Development Plansl2005lLegacy PUD ccf.doc 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 8-2-4 (G): 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. . ECC Section 8-2-4 (1): Minimum lot frontage, the portion of a lot front adjacent to a public or private street, for all residential zoning districts shall be 35 feet. . ECC Section 8-2A-7 (1) (4) Major Roadways: New residential developments, including, but not limited to, subdivisions and multi-family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as the distance from the outside wall of the lowest story of any single-family attached or detached dwelling and the right of way line of the roadway. The lowest story must be screened from the view of any street classified as a collector, arterial, freeway, or expressway. This buffer is required either on individual lots or as an easement, or as part of the common open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows: 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 Page 26 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plansl2005lLegacy PUD ccf.doc 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. b. Any road designated as a minor arterial on the Ada County long range highway and street map: A minimum of fifty feet (50') 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: five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/omamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall. or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1 ') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. c. Any road designated as a principal arterial on the Ada County long range highway and street map and/or any freeway or expressway: A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/omamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1 ') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. . ECC Section 8-6-1: PURPOSE "PLANNED UNIT DEVELOPMENTS": It shall be the policy to guide a major development of land and construction by encouraging planned unit development (PUD) to achieve the following: Page 27 of 45 K:\Planning DeptlEagle Applications\Preliminary Development Plans\2005ILegacy PUD ccf.doc A. A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements; B. A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses, industrial uses and services; C. A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns; D. A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets; and E. A development pattern in harmony with land use density, transportation and community facilities objectives of the Comprehensive Plan. . 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 acceptable size, location and site characteristics that may be suitable for the proposed development. . ECC Section 8-7-3-5: CONDITIONAL USE PERMIT: D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be attached to said permit including, but not limited to, those: I. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on-site or off-site public facilities or services; and 7. Requiring more restrictive standards than those generally required in this Title. 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. Page 28 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plansl2005lLegacy PUD ccf.doc . 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 9-3-8 (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 9-4-1-6 (F) Sidewalk Design: I. 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 (l00'), sidewalks on only one side of the street may be allowed. 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the standards and specifications of the Ada County Highway District. 3. Sidewalks shall be separated from the edge of the abutting roadway and / or back of curb by a minimum five-foot (5') wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with 3-inch minimum caliper shade-class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with Section 8-2A-7 of this Code. . ECC Section 9-5-4-3 (C) Storage Areas: Storage areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, one adequate space shall be provided for every two (2) living units. This may be reduced by the City Council if there is a showing that the needs of a particular development are less. . ECC Section 9-5-4-3 (E) Maintenance Building: A maintenance building shall be provided of such size and in such location as is suitable for the service needs that are necessary for the repair and maintenance of all common areas. D. DISCUSSION: NOTE: STAFF RECOGNIZED THAT THE FOLLOWING ANALYSIS WAS COMPLEX AND STAFF PROVIDED A VERBAL OVERVIEW DURING THE PUBLIC HEARING FOR THIS APPLICA TION. . The applicant has prepared a development agreement to serve as a guide for this development approval. Staff has annotated concerns within the document; see staff notes (SN) listed within the development agreement. Page 29 of 45 K:IPlanning Dept\Eagle ApplicationslPreliminary Deve10pmenr Plansl2005lLegacy PUD ccf.doc . Eagle City Code 8-6-6-3, requires all final development plans be reviewed by the Planning and Zoning Commission as well as the City Council. This is partly to allow for additional City Review for flexibility needed for long-range and large PUD' s. . The proposed design of this 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 Soaring 2025 Future Land Use plan designates the property as Residential Two (up to 2 units per acre). The proposed Rezone of R2-DA-P is consistent with the land use consistency matrix within the comprehensive plan. . For a density bonus the following criteria should be meet and exceeded: LANDSCAPING - For up to 5% Density Bonus: The quality of the designs for landscaping, streetscape, open spaces and plazas, use of existing landscape, pedestrian way treatment, and recreational areas, be incorporated into the development and exceed that of a non PUD development. The Preliminary Plat (Phase One) contains 80.5% (112.67 acres) of the required 140 acres of open space for the overall development. Therefore the two remaining phases of the development (491.47 acres with 1,310 units a density of 2.6 units per acre) per the proposed conceptual plan will be developed with 27.33 acres of open space. ECC 8-6-5-2 (D) "every property developed under the PUD approach should be designed to abut upon open space" based upon the open space proposed 140-acres for the overall PUD and the remaining units to be developed in phases one and two it will be difficult to achieve this standard. Per the applicant's submittal, 63% of the units in phase one have direct access to open space compared to Lexington Hillswith 92%, Brookwood with 86% , and Two Rivers with 90%. Staff is concerned about the lot size and mixture within the project coupled with the number of units that will have direct access to open space. Staff calculations indicate that it is possible to increase both the lot sizes and open space within the proposed development. Staff recommends that a condition of the development agreement require a minimum of 85% of the lots have direct access to open space (including the school site as open space). AnnIicant's Submittal: Phase One Units on OneD Space % on Open Product Type Number of Units Snace Townhouse 54 64.8% Patio Homes 74 20.3% Custom 105 60.0% Estate Homes 110 57.3% Staff feels that due to the conceptual nature of the plan and the intensity of open space within a single phase, it is not possible to see how the landscaping and open space will be developed in future phases to meet the intent of ECC 8-6-5-2 (D) "every property developed under the PUD approach should be designed to abut upon open space" and does not recommend granting a 5% density bonus for this item. Page 30 of 45 K:IPlanning DeptlEagle ApplicationslPre1iminary Development Plansl2005lLegacy PU D ccf.doc . SITING - For up to 5% Density Bonus: 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), Must be incorporated into this development, and exceed that of a non PUD development. Staff feels that the proposed design with entry features such as ponds and waterfalls, and the concerns about open space view sheds have been adequately addressed with this application. A 5% density bonus could be considered if deemed appropriate by the Commission and Council. . DESIGN FEATURES - For up to 5% Density Bonus: 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 must be incorporated into the development, and exceed that of a non PUD development. Staff feels that the conceptual architecture, the conditions of the development agreement, design guidelines and the CC&R's, coupled with the building layout for the academy core has been adequately addressed. With this is in mind a 5% density bonus could be considered if deemed appropriate by the Commission and Council. . . The Eagle Comprehensive Plan designates the maximum density to be 2 units per acre for a total of 1,438 units. The applicant is requesting approval of up to 1,653, units which represents a density of 2 units per acre with a 15% density bonus. Per ECC 8-6-4 the conceptual plan for the development shows 10.2 acres of commercial. The density for the entire project was based on 2-units per acre for 719-acres (including a 10% density bonus). If 10.2 acres of the site are allowed to be developed as commercial then this acreage would need to be removed from the acreage used to calculate density (e.g. 719 - 10.2 = 708.8). The new area 008.8-acres) is the area now available residential density up to 2 units per acre 008.8 acres x 2 units per acre = 1,417 units + a 10% density bonus = 1,559 units). (See discussion above for density bonus discussion). If the Commission and Council agrees with this analysis, 30 lots would need to be removed from the applicant's proposal. The applicant is also requesting the flexibility to increase the commercial portion of the site from 1.4% (l0.2 acres) to up to 5% of the site (38 acres) as neighborhood commercial as part of the PUD. The overall unit count for the project should be reduced proportionately for each acre of land developed as commercial opposed to residential. For each acre converted from residential to commercial 2.20 units should be removed from the project. . The applicant is requesting that the density of the project be calculated as a whole (as part of the preliminary development plan) versus calculating the density for each individual preliminary plat, of which there are proposed to be up to ten. Calculating density in this way allows for a variety of lot sizes to be mixed throughout the development opposed to a single homogeneous lot and product type. This type of density calculation has been used in the past for Brookwood, Two Rivers and Lexington Hills and is an essential component to the preliminary development plan process. Page 31 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plansl2005lLegacy PUD ccf.doc . Since the applicant has not yet designed all of the preliminary plats for the development, it can not yet be determined where, or if, all the density will be used in the project. With that, the Applicant is requesting that once a base unit count is fixed for this development, then it will be recognized by the City and the applicant that remaining, available units may be incorporated into any phase. . Further, the applicant is requesting the partnering parcels identified in Exhibit F of the development agreement be allowed to receive up to I additional unit per acre beyond the base density of 2 units per acre as designated in the plan. This additional density is reflected in the submittal currently before the City. The intent is to provide incentive for neighboring parcels to become part of the Legacy Community and ensure compatibility of design and product quality throughout the area. According to the unit calculations above, a density "unit bank" does not currently exist that would enable "excess" units to be transferred to future expansion areas. However, as future phases are platted, units may become available (i.e. if a lesser number of units are proposed on a future plat than what was estimated on the preliminary development plan). Staff recommends that future expansion parcels as identified in Exhibit F of the development agreement be capped at an overall density of 2.2 units per acre. This density is commensurate with the density an individual parcel in the Residential Two designation could have plausibly otherwise received with a 10% PUD density bonus. This allowance may help facilitate the ability to create easier lot transitioning and buffering to neighboring parcels that are not a part of Legacy. However, staff has concerns about providing a density bonus for a property upon which the bonus was not derived and would be more supportive of holding a specific transferable base density in a pool ("unit bank") for future expansion rather than making it a provision of a future density bonus . Phase one of the preliminary plat (31 % of the overall project) provides 42% of all the estate lots, 12,000 sq. ft. or larger in size, for the overall development. Only 6 lots (1.5%) in phase one meet the minimum lot size standard in the underlying R-2 zone, 17, 000 sq. ft.. Staff has concerns that the proposed density 2.3 units per acre and lot sizes (see below) are not in keeping with the intent of the Comprehensive Plan of Residential Two land use designation. Staff would like to see a minimum of 50% of the lots in the overall project at least of 17,000 sq. ft. in size. ApplIcant s ubmittal: Lot Mixture Phase One-Preliminarv Plat % of Product TVDe Approx. Lot Size Number of lots % of units w/in Phase total Townhouse -4,000 sq. ft. 54 16% 20% Patio 5,000 -7,999 sq. ft. 74 21% 12% Custom 8,000 - 11,999 sa. ft. 105 31% 20% Estate 12,000 + sq. ft. 110 32% 42% Total: 343 r ' S . The proposed preliminary development plan proposes to place "Estate" lots (12,000-33,000 sq. ft. in size) adjacent to 5-acre development along Longhorn. Additional information about buffering and lot alignment in this are is needed to best determine if appropriate buffering has been achieved. . The applicant is requesting modified setbacks by product type. The setbacks for the "Patio" and 'Townhouse" lots are the same as those proposed in the Two Rivers and BanBury Meadows Page 32 of 45 KIPlanning DeptlEagle ApplicalionslPreliminary Development Plansl2005lLegacy PUD cef.doc developments. Staff feels that the setbacks established are appropriate except for the "Estate Lots" wherein setbacks should be increased as the lot sizes increase. See City Code below: PROPOSED PUD SETBACK PARAMETERS Min. Approximate Lot Street Interior Street Lot Tvoe Size Frontage Front Rear Side Side 8 ft from property line or back of sidewalk whichever Townhouses is greater for living (max of 6 3,800-4,999 SQ. FT. space; 20 ft for the connected) (32xI20) 30 ft garage 10 ft Oft 10 ft Detached Units 15 ft from living 5,000-8,000 SQ. FT. space; 20 ft from the Patio Homes Patio Stvle 30 ft garage 10 ft 5ft 20 ft 5ft + Mid Tier 8,000-12,000 SQ. FT. 30 ft 20 ft 25 ft 2.5* 20 ft 12,000-33,000 SQ. 7.5 + Estate Homes FT. 30 ft 25 ft 25 ft 2.5 20 ft *2.5 ft per story for multi-story product Ea~ Ie Citv Code Setbacks Minimum Lot Min. Interior Street Zone Size Street Front Rear Side Side Frontage R-2 17,000 sq. ft. 35 ft 30 ft 30 ft 10 ft 20 ft R-3 10,000 sq. ft. 35 ft 30 ft 30 ft 7.5 ft 20 ft R-4 8,000 sq. ft. 35 ft 20 ft 25 ft 7.5 ft 20 ft R-5 7,000 sq. ft. 35 ft 20 ft 25 ft 7.5 ft 20 ft Staff recommends that all townhouse lots (not on the golf practice course or driving range) have alley loaded rear garages to limit the garage dominated streetscape. Additional typical building elevations for garage front townhouse should be provided to the City for review and inclusion in the development agreement. Staff also requests that a minimum of 15 ft be provided between buildings groups. Staff further recommends that shared driveways and building height limits of I-story be placed on lots less than 6,000 square feet and on comer lots on collectors within the development to reduce the feeling over overcrowding in these areas. A variation of the front setback should be considered on "Patio Homes" and "Custom" lots to diminish the walled corridor effect that has been a common concern in existing developments in the City. This can be accomplished by establishing a minimum setback and requiring a variation of 3 to 5ft in the front setback of adjacent lots. . As a part of the conditional use for this development the applicant is requesting a height exception of 55-feet for the academy building to allow appropriate height clearance for the tennis facilities. Page 33 of 45 K:IPlanning DepllEagle ApplicalionslPre1iminary Development Plansl2005lLegacy PU D cd. doc Exceptions in the City have included the Hilton Garden Inn (maximum height of 42-feet). Per staff's research the tennis bubbles at Boise State measure at 40ft and the Boise Racquet and Swim Club measure 32 ft. Staff would not recommend a height exception higher than 42 ft. . The applicant's proposed development agreement identifies a portion of the academy facility as leasable office space. This commercial use is not normally an acceptable use in open space. Staff requests council direction on the allowance of office uses in the academy core. . The proposed development agreement identifies "active open space" which provides gathering areas for active recreation (open fields, swimming pool, tot lot, and trails) and "passive open space" a combination of linear open space and scenic features (ponds, berms and view corridors). This combination provides for the interaction on a neighborhood level and provides spaces with the development for organized sports teams to practice without overcrowding city parks. . Within Phase One of the preliminary plat, numerous lots do not meet the 75 ft width in the R-2 zone. Staff needs clarification form the applicant as to whether they are requesting a diminished standard. . Within Phase One of the preliminary plat, Block I, Lots 3, 13 and 14 do not meet the minimum frontage requirements as proposed by the applicant for the development. . The applicant will have to comply with the conditions of approvals of ACHD. This application will not be heard by the ACHD Commission until April 12, 2006. . The Soaring 2025 Plan the applicant should provide a roadway cross section for Floating Feather Road and Linder Road. The Floating Feather cross section should mirror that in the Soaring 2025 Plan. . The trail system that is detailed throughout the common area open space does not indicate a width. All open space pathways shall be a minimum of 6 ft in width. . The applicant is proposing to use a collector street cross section that while adjacent to the golf facilities, would have a detached side walk on only one side of the street. Staff feels that the landscape plan must address and clearly identify crossing points at the terminus of a sidewalk facility. Decorative concrete is suggested. . Per the Idaho Department of Transportation, a mInimum right of way width of 150 ft from centerline should be set aside for the eventual widening of State Highway 16. All berms and subdivision improvements should be setback a minimum of 150 ft and the applicant should provide a license agreement from ACHD and ITD approving landscaping within the public rights- of-way abutting and within this site, prior to approval of a final plat. . Per ITD and the Soaring 2025 Plan, a new collector roadway should be constructed parallel to Highway 16 to serve as an internal circulation road in lieu of a frontage road and additional setback at State Highway 16. . The applicant is proposing to construct 18% of the proposed units to be served by private gated streets within the development. Staff recognizes the need for limited access to portions of the site and feels a limited use of these facilities may be appropriate. At the time of preliminary plat application, private streets should be evaluated at the time of preliminary plat to ensure the Page 34 of 45 KIPlanning DeptlEagle ApplicarionslPreliminary Developmeol Plansl2005lLegacy PUD ccf.doc following: 1. 2. 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; The private street provides safe and effective movement of both vehicular and pedestrian traffic, sidewalks and parking; The private street provides adequate access for service and emergency vehicles; The private street does not adversely affect access or good transportation planning to adjacent property and to the area travel networks; The private street does not land lock adjacent property due to topography or parcel layout; 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; The use or alignment of the private street does not interfere with the continuity of public streets; and An appropriate mechanism has been established for the repair and maintenance of the private street, including provisions for the funding thereof. 3. 4. 5. 6. 7. 8. . The applicant is proposing 17.8% open space for the development. Though this is commensurate with similar developments like Brookwood at 18% and Lexington Hills at 21 %, it is significantly less than Two Rivers at 25%. Staff's calculations support that additional open space could be provided for the development and recommend that a minimum of 25% open space for the overall development. This increase would also ensure that future phases of the development which will contain the majority of the units, will have appropriate access to open space. Provide a condition in the development agreement requiring 25% open space in each phase of the development including future PUD expansions. Staff will provide detailed discussion regarding this proposed development during the oral presentation at the Planning and Zoning Commission and City Council meetings. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: STAFF RECOMMENDATION FOR THE ANNEXATION AND REZONE: Staff recommendations are annotated in the draft development agreement dated April 3, 2006. Staff recommends approval once the Commission and Council have addressed the annotated concerns in the draft development agreement entitled "P&Z Version - April 3, 2006" contained within the Planning and Zoning Commission packet. STAFF RECOMMENDATION FOR THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN AND PHASE ONE OF THE PRELIMINARY PLAT Staff recommends the following site specific conditions of approval and the standard conditions of approval provided below. Further, once the Commission and Council have provided clarification on all of the issues raised herein, then it is anticipated that staff will provide additional recommendations at that time, including an updated set of site specific and standard conditions of approval. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on April 3, 2006. Testimony was taken, the public hearing was closed, and the Commission made their Page 35 of 45 K:IPlanning DepllEagle ApplicatlOnslPre1iminary Development Plansl2005lLegacy PUD ccf.doc recommendation at that time. B. Oral testimony in opposition to the application was presented by no one. C. Oral testimony in favor of the application was presented by two (2) individuals stating support for the development's design and the opportunity for local builders to work in a project of this magnitude. COMMISSION DECISION: The Commission voted 4 to 0 (Marks absent) to recommend approval of A-9-05/RZ-13-05/CU-12- 05/PPUD-13-05/PP-0 1-06 with the staff recommended conditions to be placed within the development agreement and the site specific and standard conditions of approval with text shown with strike-thru to be deleted by the Commission and text shown with underline to be added by the Commission as shown within their findings of fact and conclusions of law dated April 17, 2006. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on May 16,2006, at which time testimony was taken and the item was continued to May 23, 2006, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. At the Applicants request the Development agreement was re-noticed and the Council held an additional public hearing on the Development agreement on August 8, 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 five (5) individuals expressing concerns about timing of roadway improvements, infrastructure expansions, and school capacity. C. Oral testimony in favor of this proposal was presented to the City Council by four (4) people (other than the applicant/representative) expressing support for the design, the open space and the progams provided within the development. D. Oral testimony neither in favor nor in opposition to this proposal was presented to the City Council by one (l) person stating the development was good but concerns about cars backing up on Floating Feather Road. COUNCIL DECISION THE ANNEXATION AND REZONE WITH DEVELOPMENT AGREEMENT: The Council voted 3 to 0 (Nordstrom absent) to approve A-09-05/RZ-13-05 with the conditioned placed within the development agreement titled "City Council Final Version", attached hereto and incorporated in by reference. COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PHSE ONE PRELIMINARY PLAT: The Council voted 3 to 0 (Nordstrom absent) to approve CU-12-05/PPUD-13-05/PP-OI-06 for the Legacy Planned Community for Eagle Sports Legends, LLC with the following site specific conditions of approval and standard conditions of approval. Page 36 of 45 K:IPlanning DeptlEagle ApplicalionslPreliminary Development Plansl20051Legacy PUD ccfdoc SITE SPECIFIC CONDITIONS OF APPROVAL FOR THE CONDITIONAL USE, PRELIMINARY DEVELOPMENT PLAN, AND PHASE ONE PRELIMINARY PLAT: 1. Comply with all conditions within the development agreement for rezone application RZ-13- 05. 2. Comply with all the requirements of the City Engineer dated March 21, 2006 & September 1, 2005. 3. Comply with all conditions of ACHD. 4. The applicant shall submit payment to the City for all outstanding Engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the first final plat. 5. Comply with all site specific conditions provided within the Eagle Fire District letter dated, March 22, 2006 & August 23,2005. 6. The applicant shall place a note on the final plat that all common areas are to be owned and maintained by the Legacy 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. 7. The entire Legacy development shall remain under the control of one Homeowner's Association. 8. As described by the applicant, five (5) architectural styles shall be the required for the development. Photo examples of the above descriptive language, date stamped by the City on February 16,2006, are incorporated herein by reference. 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. 9. 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 permits applications that do not have an approval letter attached will not be accepted. 10. To assure compliance with the PUD 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 of the PUD. 11. The CC&R's should include language controlling the number of times a single elevation/design can be used within the development and the proximity of similar elevations/designs to each other exempting the "Townhouse" and "Patio" areas. The CC&R's shall be reviewed and approved by the City Attorney prior to the approval of the final plat for phase one. 12. Provide a preliminary plat/preliminary development plan showing a note reflecting rear lot line drainage and utility easements of lO-feet wide and a side lot line drainage and utility easement of 5-feet wide and requiring individual lot drainage plans to be approved by the City Engineer prior to the submittal of a building permit. 13. Provide a preliminary plat/preliminary development plan showing all trails outside of the public right-of-way a minimum of 6-feet wide. The revised plans shall be reviewed and Page 37 of 45 KIPlanning DeptlEagle ApplicationslPreliminary Development Plansl20051Legacy PUD ccfdoc approved by the Parks and Pathway Development Committee and the Design Review Board prior to the submittal of a final plat. 14. Provide a revised preliminary plat/preliminary development plan showing school crossing areas at Floating Feather Road. The location of the crossing areas and the markings for the crossings (signage, striping, etc) shall be reviewed and approved by the Design Review Board prior to submittal of a final plat. 15. 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. 16. 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. 17. 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, 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities. The design review application shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat. 18. All structures, except duplex and single family homes, shall be subject to Eagle City Code 8- 2A for review and approval by the Eagle Design Review Board and the City Council. 19. 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 and within a minimum eight-foot (8') planter strip. 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 swales (borrow ditches). 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. 20. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. The applicant shall have an on-site meeting with the City Forester to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. Page 38 of 45 K:IPlanning DeprlEagle ApplicationslPreliminary Development Plansl2005lLegacy PUD cef.doc 21. The following setbacks and lot size requirements shall apply: Setbacks Product Type Approx. Lot Size Frontagel Front Rear Interior Street Side2 Side 8 ft from property line or back of sidewalk 5 ft3 Townhouse 3,800-4,999 SF 30 ft whichever is 10 ft 10ft greater for living space; 20 ft for the llaral!e 15 ft from Patio 5,000-7,999 SF 30 ft living space/ 10 ft 5 ft 20 ft 20 ft from I!aral!e Custom 8,000-11,999 SF 30 ft 20 ft 25 ft 5ft 20 ft 12,000-16,999 SF 30 ft 25 ft 25 ft 7.5 ft 20 ft Estate 17 ,000 SF + 35 ft 30 ft 30 ft 10ft 20 ft I The minimum street frontage for all flag lots is 20 feet. 2 Additional five feet per story setback for multi-story structures. J No setback applies to the interiors of connected dwelling units. 22. Townhouse groups are limited to five (5) attached units. 23. The second story of any dwelling unit on a lot of less than 8,000 square feet shall not exceed 65% of the main floor's square footage, inclusive of the garage area. 24. Patio homes (lots 5,000 to 8,000 sq ft) located on corner lots (any street classification) are limited to a 25 foot maximum height. (Common area lots on corners do not extinguish this requirement for adjacent patio homes.) 25. All other lots greater than 5,500 sq ft two story homes shall be permitted but shared driveways should be incorporated to provide a variety of appearance. 26. The side setback (that side adjacent to the pathway) for lots adjacent to interior pathways shall be 15-feet minimum. 27. Provide a revised preliminary development plan showing the overall unit count of the development as 1,373 units, 2.2 units per acre. 28. Provide a revised preliminary development plan showing a minimum of 50% of all the units having direct access to open space with 65% of all townhouses and 50% of all patio homes abutting open space. Page 39 of 45 K:IPlanning DeptlEagle ApplicalionslPreliminary Development Plansl2005lLegacy PUD cef.doc 29. Provide a revised phase one preliminary plat showing a minimum of 50 of the lots at the minimum lot size of the underlying R-2 zone (17,000 sq. ft.) and the removal of 5 units. 30. Provide a revised phase one preliminary plat showing a minimum of 32% of the lots at the minimum lot size of the 12,000 sq. ft. 31. Provide a revised preliminary development plan showing "Estate Homes" (lots greater 12,000sq. ft.) representing 16-25% of the overall development. 32. Provide a revised preliminary development plan showing a maximum of 18% of the proposed unit to access from private, gated streets. These areas shall be identified on each preliminary plat submittal and the following justification shall be provided: 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, sidewalks and parking; 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. 33. Provide a revised preliminary development plan showing a right of way set back for future dedication/purchase for ITD of 150 ft from the centerline of State Highway 16. 34. Provide a revised preliminary development plan showing a parallel collector Road a minimum of 500 ft east of State Highway 16. 35. 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. 36. Provide a revised preliminary development plan detailing a minimum landscape area buffer area of 20 ft in width with a lO-ft wide meandering pathway adjacent to the Longhorn Estates Subdivision. 37. The applicant shall submit a design review application showing: I) 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, 5) useable amenities such as picnic tables, covered shelters, benches, Page 40 of 45 K:IPlanning DeptlEagle ApplicalionslPreliminary Developmenl Plansl2005lLegacy PUD cd.doc 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. 38. The applicant shall provide a license agreement from ACHD and ITD approving the landscaping located within the public rights-of-way abutting and within this site, prior to approval of a final plat. 39. 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". 40. 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. 41. The applicant shall install at the entrances to Legacy Planned Unit Development 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. 42. All fencing adjacent to a pathway, pedestrian path and/or open space easement shall not exceed 4-feet in height. 43. All fencing within the development shall be open fencing constructed of wrought iron or similar material approved by the Eagle Design Review Board. 44. The applicant's properties shall be annexed into the Eagle Sewer District's service boundaries and shall comply with all applicable Eagle Sewer District regulations and conditions prior to the approval of a final plat for this site. 45. Comply with the requirements of all drainage district and irrigation districts. 46. Provide a revised preliminary plat showing street names as approved by the Ada County Street Naming Committee prior to final plat submittal. 47. Per ECC 8-6-6-3 All final development plans for Legacy Planned Unit Development shall be reviewed by the Planning and Zoning Commission prior to council action. 48. Provide a revised preliminary plat for Phase One of the preliminary plat showing all lots complying with the minimum lot widths: Townhouses: 32 ft Patio Homes: 50 ft Custom Homes: 55 ft Estate Lots: 75ft for standard & 65 ft for radius and cul-de-sac lots 49. Provide a revised preliminary plat showing all lots conforming to the setback and lot dimensions in SSC# 21 -25 and 48 above. 50. All water mains to be dedicated to the public shall only be constructed on rights of way, easements or publicly owned property. Easements or permits secured for main extensions shall be obtained in the name of the City, along with all rights and title to the main at the time of service is provided to the customer paying for the extension. Water mains shall be extended by the applicant to the boundaries of the development at locations designated by the City Engineer where future water system extension is expected to occur. Page 41 of 45 K:IPlanning DeptlEagle ApplicalionslPreliminary Development Plansl20051Legacy PUD ccfdoc 51. Provide a revised preliminary plat/preliminary development plan showing no residential lots taking access off collector roads. 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. 39-118). 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.C. 9-20-8.4) 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground 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. Page 42 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plansl2005lLegacy PUD ccfdoc II. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Street light plans shall be submitted and approved as to the location, height and wattage to the City 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 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 Attorneyf Page 43 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plansl20051Legacy PUD ccfdoc 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. 18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. 19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. 20. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. 22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 23. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat by the City Engineer. 24. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 25. Basements in homes in the flood plain are prohibited. 26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 27. 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. 28. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of Page 44 of 45 K:IPlanning DeptlEagle ApplicationslPreliminary Development Plansl2005lLegacy PUD ccfdoc 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. DATED this 22nd day of August, 2006. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho ",,'1........... ........ -{ OF E.... ...... r'~ .........'" 0'( ". I v..- -.. ~.~ :: . o\ll'OR.. O. V' . . -v ~"1r. ~ =.: ~.: : . , : . : ~.--. . * . . · S .. \.^\~n EALOt".....: E __ \...~ .0 '.- ~ ~.,..~ ..::OR"1'C-~....""-O ~~ .... -, ~ ...... ....'T ~ ..........1: OF \~ r-.....'" .............',.., Page 45 of 45 K:IPlanning DepllEagle ApplicationslPreliminary Development Plansl20051Legacy PUD ccf.doc