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