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Findings - PZ - 2005 - A-9-05/RZ-13-05/CU-12-05/PPUD-13-05 - A/Rz From A And Rr To R-2-Da/762.38 Acres/1300 Max Lots/291.1 Acres Gold/Open Space BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR AN ) ANNEXATION, REZONE, PRELIMINARY ) DEVELOPMENT PLAN AND CONDITIONAL USE ) PERMIT FOR THE LEGACY PLANNED UNIT ) DEVELOPMENT ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-9-05/RZ-13-05/CU-12-05/PPUD-13-0S The above-entitled planned unit development, preliminary development plan and conditional use permit applications came before the Eagle Planning and Zoning Commission for their recommendation on September 12, 2005 and October 24, 2005. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly considered the maUer, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Eagle Sports Legends liC., represented by Todd is requesting annexation of 192.63-acres, a rezone of 762.38-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, preliminary development plan approvals for the Legacy development. The entire development consists of 762.38-acres (maximum of 1,300 residential lots with 8.4-acres of commercial and 291. I-acres of golf course and open space). B. APPUCA TION SUBMITTAL: The applications for this item were received by the City of Eagle on November 22, 20<)6.5 C. NOTICE OF PUBUC HEARING: Signature Sports Development, liC, represented by Todd Santiago is requesting annexation of 192.63-acres, a rezone of 762.38-acres from A (Agricultural) and RR (Rural Residential-Ada County Designation) to R-2-DA-P(Residential two units per acre maximum with a developrnent agreement - PUD), and conditional use, preliminary development plan approvals for the Legacy development. The entire developrnent consists of 762.38-acres (maximum of 1,300 residential lots with 8.4-acres of commercial and 291. I-acres of golf course and open space). D. mSTORY OF RELEVANT PREVIOUS ACTIONS: Page 1 of 50 K:\Planning DeptlEagle Application.slPreliminary Development Plans12005\PPUD- 13-05 Legacy pzf.doc On December 7, 2004the Eagle City Council approved the annexation and rezone (A-7-04 and RZ-12) of the Quarter Circle DJ Property from RR (Rural Residential) to A (Agriculture). E. COMPANION APPUCATIONS: All applications are inclusive herein. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA nONS: Page 2 of 50 K:\Planning DeptlEagle ApplicationslPreliminary Development Plans\2005IPPUD-13-05 Legacy pzf.doc COMP PLAN ZONING LAND USE DESIGNA TION DESIGNA TION Existing Residential Two (up to 2- A (Agricultural), RUT Single-family dwellings, units per acre max.) (Rural Urban pasture, feed lot Transition - 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- RR (Rural Residential Single-family dwellings, units per acre max.) & - Ada County pasture, feed lot Floodway Designation) South of site Residential Two (up to 2- RR (Rural Residential Single-family dwellings, units per acre rnax,) & - Ada County pasture, Longhorn Transitional Residential Designation) Subdivision. Proposed Eaglefield Subdivision East of site Residential Two (up to 2- R-2-DA (Residential Copperfield and Senora units per acre max.) & Two with Development Creek Subdivisions Residential Three (up to 3- Agreement) & RUT Subdivision & units per acre max.) (Rural Urban Agricultural land Transition - Ada County Designation) West of site Residential Two (up to 2- RR (Rural Residential State Highway 16, & units per acre max.) & - Ada County Feed lot Residential Three (up to 3- Designation) units per acre max,) G, DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. Page 3 of 50 K:\Planning DeptlEagle ApplicationslPreliminary Development Plansl2005\PPUD-13-05 Legacy pzf.doe H. SITE DATA: Total Acreage of Site - 762.38-acres Acres of Residential: 394(51.6% of the project) Total Number of Units - 1,300 units maximum Single Family Detached - 72.9% of total units Town house/Condo - 27.1 % of total units Acres of Commercial: 8.4 Acres (1.1 % of the project) Acres of Open Space:293.4 Acres (38.5% of the project) Golf Course: 232.8 Acre (30.5% of the project) Neighborhood Open Space: 60.6 Acres (7.9% of the project) Other Uses: 33.8 Acres (4.4% of the project) Academy Core: 23.8 (3.1 % of the project) Industrial: 0 (0% of the project) School Site- 10 Acres (1.3% of the property) Page 4 of 50 K:\P1anning Dept\Eagle ApplicationslPreliminaI)' Development Plans\2005\PPUD-13-0S Legacy pzf.doc Additional Proposed Required Site Data Dwelling 1.67 units/acre 2-units per acre (maximum) in the R-2 zoning district Units Per Gross Acre Minimum Lot See Below. 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). See discussion on pg.26 . Minimum Lot See Below 75-feet in the R-2 zoning district Width Minimum See Below 35- feet Street Frontage Total Acreage 291. I-acres 76.24-acres (minimum) of Common Golf Course: 232.8 Acre (30.5% of the project) Lots Neighborhood Open Space: 61 Acres (7.6% of the project) Percent of 38.2% minimum - see above Site as (7.6%*) *7.6% is open space located within the individual Common development pods through out the project. Area Proposed lot sizes and setbacks by product type: Product Type map is attached as Exhibit A of the proposed development agreement. Approx. Lot Sizes Type of Home % of Land % of Units 4,000 SF 134 x 120) Townhome 9% 27% 6,000-8,000 SF Patio 23% 28% 8,000-12,000 SF Custom 35% 30% 12,000-33,000 SF Estate 33% 14% Setback Parameters Front Back Side Attached 10 Feet 10 Feet 5 Feet. Detached 20 Feet 15 Feet 5 Feet . 0 feet interior units J. GENERAL SITE DESIGN FEATURES: Open Space, Greenbelt Areas and Landscape Screening: Page 5 of 50 K:\Planning Dept\Eagle ApplicationslPreliminary Development Plansl2005\PPUD-13-05 Legacy pzf.doc The applicant has stated they will provide a total of 37.6% of common area (30% Golf Course and 7.6% Community Open Space), which consists mainly of waterways (this figure does not include the floodway or wetland areas). 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. 26. Conceptual elements of the open space and landscape design are contained in Exhibit D of the proposed design guidelines. 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: See Table in Site data above. 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 municipal wells to provide water service to the project. Well Site are detailed on Exhibit A of this report Irrigation water will be provided from existing groundwater and surface water rights on the property. The applicant is proposing to receive sanitary sewer service frorn 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 (Exhibit B of this report). The property must be annexed into the Sewer district before it can be serviced. 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 applicants justification letter, attached hereto. Page 6 of 50 K:\Planning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site which would be required to be preserved. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. K. STREET DESIGN: 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 and Floating Feather Road. A Collector road and local roads will be constructed throughout the developrnent. The location of conceptual major roadway improvements are shown on Exhibit L of the development agreernent 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 along the State Highway 16 corridor, The applicant proposes four (4) different typical cross sections for public roads within the development, most street section include sidewalk and/or pedestrian pathways only on one side. The proposed cross sections are as follows: II'. O.5'~~ I~ I 62: 50' R/W I: I j~.' ROLLEO CURB AND Gunrn 18.5' 18.5' 3/4' MtNUS CRUSHED ROAOM1X TYPICAL LOCAL STREET SECTION 50' RIGHT-OF-WAY COMPACTED SUB-GRADE 6' MINUS PIT RUN GRAVEL Page 7 of 50 K:\PIanning DeptlEagJe ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc . . :;cr' ff./W -4 lANDSCAPE EASE~EiIT "= PATHWA'I" 1~' LANDSCAPE CJ.lEIlOll ""~Ia.lD'lt PATHYM.Y ---- OOLF TYP. COLLECTOR ROAD W/ GOLF ON NORTH - NO TURN LANES . . 2j" R/W 21' WTIIWND 56' R/W 10 f. LA=ED t 2"$ R/W 21' IN80UNtJ 5' LANDSeA? USE"'" ;r ~T1CAl...CURa ,,~C GUTTER 3/t,.a MINUS CRlJSHED ROADMIX .- l.IINUS PIT RUN GRAVEL TYPICA.L COLLECTOR STREET SECTION AT MEDIANS ~6. Rt~HT OF" WAY NO SCAlE 1,O'lMIN. f~ 5'~ 2%1 2" I so' R/W ~r'" 14.5' 1~.5' VERTtCAL CURB AND GUTIER .A !L MEANDERING SIDEWALK COMPACTED SUB-GRADE S" MINUS PtT RUN GRAVEL 3/~' MINUS CRUSHED ROADMIX TYPICAL COLLECTOR STREET SECTION NO SCALE Private Street: The applicant is requesting the allowance for 20-25% 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 proposes two (2) different typical cross sections for private streets within the Page 8 of 50 K:\Planning Dept\Eagle ApplicationslPreliminary Development Plans\2005\PPUD- t 3-05 Legacy pzf.doc development all include sidewalks on a single side of the roadway. The areas designated to be served by private streets are designated on Exhibit M of the development agreement. I( I 33' PRIVATE DRIVE 28' 5' I( b !.Z:J" . Z -51 ASPHALT MAT 3/4" MINUS CRUSHED ROADMIX SIDEWALK PER I.S.P.W.C. sm. DWG. NO. 50-709 (TI'?) 18" RIBBON CURB 6" MINUS PIT RUN GRAVEL COMPACTED SUB-GRADE TYPICAL STREET SECTION PRIVATE DRIVE NO SCALE ~ It RADIUS PT 15' LANDSCAPED ISLAND 30' VERTICAL CURB WI REVERSE GUnER PlATE. SEE DETAIL j ON THl S SHEET 3/4" MINUS C::H:: :O:DMtX 6" MINUS PIT RUN GRAVEL 28.5' 1.5' 1S" CONC1<ETE RtBBON CURB SEE OETAtL lHlS SHEET CDMP ACTED SUB-GRADE TYPICAL - PRIVATE STREET CUL-DF-SAC OR KUNCKLE NO SCALE L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways: Pedestrian walkways are provided through the detached sidewalk system and through the multi-purpose pathway system as a portion of the open space design. The pathway 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 Page 9 of 50 K:\Planning DeptlEagle ApplicationslPreliminary Development Plansl2005\PPUD-13-05 Legacy pzf.doc 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. PUBUC USES PROPOSED: A lO-acre elementary school site is proposed within the development. N. PUBUC USES SHOWN ON FlITURE ACQUlSmONS 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 ASSESS11ENT PLAN (IF REQUIRED): An EAP plan will be required at the time of preliminary plat submittal. 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, are of special concern (see attached). Central District Health Department Chevron Pipeline Department of Environmental Quality Drainage District #2 Eagle Fire Department Eagle Sewer District Idaho Department of Transportation Joint School District No.2 Middleton Mill Ditch Company Page 10 of 50 K:\Planning Dept\Eagle ApplicatiooslPreliminary Development Plaos12005\PPUD- 13-05 Legacy pzf.doc R. LETIERS FROM THE PUBUC: Marie Helfferich S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing submittal of three preliminary plats which will each be internally phased. 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 developrnent does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposaL 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9, That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance, Page 11 of 50 K:\Plamring DeptlEagle ApplicationslPreliminary Development Plansl2005\PPUD-13-05 Legacy pzf.doc 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. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations, 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. 15, That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. For a request of up to 10% of the gross land area to be directed to uses other than residential (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 12 of 50 K:\Planning DeptlEagJe ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.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 developrnent. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: The Legacy application is unique for they are asking for annexation, rezone, a conditional use permit, preliminary development plan and a development agreement but not preliminary plat approval. 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 application will have public hearings and will be analyzed to determine if they meet the Eagle City Code and the proposed development agreernent. 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 Page 13 of 50 K:lPlanning Dept\Eagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc (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. 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 (AP A) to classify roadways on the City of Eagle TransportationlPathway Network Maps #1 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 (ITD), Ada County Highway District (ACHD), Ada Planning Association (AP A), 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 andwcommunity appearance; and Page 14 of 50 K:\P1anning Dept\Eagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc (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 irnpacts, 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, RECREATION AND OPEN SPACES 9.5.2 Objectives (9.5.2a) To create a pathway system that reflects desire to have a pedestrian and bicycle friendly community. (9.5.2b) To provide a network of central and neighborhood paths where residents are able to safely access and utilize pathways for alternative forms of transportation. (9,5.2e) All development should provide developed pathways for connection to Eagle's public pathway system and/or adjoining development's public pathway system. 9.6 OPEN SPACE: Open space is land which is not used for buildings or structures and offers opportunities for parks, recreation, water amenities, 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. Page 15 of 50 K:\Planning DeptlEagle ApplicationslPreliminary Devetopment Plans\2005\PPUD-13-OS Legacy pzf.doc (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 lO-HOUSING 10.3 Implementation Strategies (1O.3a) A wide diversity of housing types and choice between ownership and rental dwelling units will be encouraged for all income groups, (lO.3b) The location of all housing should be coordinated with provisions for adequate public facilities and services. CHAPTER 11 - SPECIAL AREAS AND SITES 11.4 Implementation and Strategies (ll.4a) Protect and improve natural and man-made waterways. (ll.4g) Preserve existing trees and establish appropriate landscaping as a part of new developments, (ll.4h) Encourage the preservation of habitat areas which provide for fish and wildlife. (11.4i) The City may require developers to prepare and submit an environmental assessment and any such additional reports as the City may from time to time require, for any development on land within an area designated as a Special Area or Site or for any development impacting a designated Special Area or Site. CHAPTER 12 - COMJv1UNITY 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.t Page 16 of 50 K:\PlBnning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc (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). (12.4q) 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. 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. Page 17 of 50 K:\Planning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc 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 ernployment 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 western 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 50 K:\PIanning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.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 borne 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. Page 19 of 50 K:\P1anning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc 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. 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 in 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. Page 20 of 50 K:\P1anning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc 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 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. Page 21 of 50 K:\P1anning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc 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. 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: Page 22 of 50 K:\P1anning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc 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. 1 ,. ........ ....., -~ tJl , /' i i t;..~ ;..~,-j ''V-' " I 'j > I ! I I.: ..~ ~ 1,;10__.__ :'l!JJ.F 1.-.1.-:,-.--....""1..... ~I !~ - ~~e,...l~&"I;"'.--"l I .":,1~""""-'--" 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 alternative to the frontage roads proposed by ITD along Hwy 16. This road should include significant landscaping and a detached meandering pathway. 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. Page 23 of 50 K:\P1anning DeptlEagle Applications\Preliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc ;~"- it.) ( '~.....lJ '. .J ';:, ,,~~'t ;~~0'>J"r /'1 I;; . ......J........~ <~......;;:. ' -~.~.1. .J'-t... ,~' .... .). /, ~:.... .~. "'~I " f ",. {. ~~'. <.J . \ .,r " . ! il , Ab' .0/-...=1,.,_ '.__ ._.... t ~......_,........ i ..... I -= __ .~ ""1...._...1 _.._ . -'._.I ....._ "'I , _,__~'N:r r_..~_ ~_t...,. ,___ .,I, (. ,."10' -.-.-., JI~i.~' Beacon LightlFloating 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 24 of 50 K:\P1anning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.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.l 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; Page 25 of 50 K:\Planning DeptlEagle Applications\Preliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc Use of transitional lot sizes and clustering when new development abuts existing subdivisions, business and office use to the south; School siting in the area shall focus on areas with higher densities to decrease busing concerns, preference will be given to siting elementary schools in this area. Densities around school sites shall not exceed 3 to 4 units per acre. 6.4E.2 Access Access to the area from State Highway 16 shall be limited to Floating Feather Road and the '12 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. Page 26 of 50 K:\P1anning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc 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. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 8-1-2 OPEN SPACE: A common area platted as a separate lot, provided within a recorded easement, or dedicated to and accepted by the City. The area shall be substantially open to the sky, exclusive of streets, buildings and other covered structures, and shall be designated and intended as a useable and convenient amenity to any proposed development. Wetland areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a part of the minimum area of open space required. . ECC Section 8-2A-? (J) (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 berminglfencing, 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 berminglfencing. The required buffer area width, plantings, and fencing are as follows: Page 27 of 50 K:\Planning DeptlEagle Applications\Preliminary Development Plans\2005\PPUD-I3-0S Legacy pzf.doc 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 (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. 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/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 (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. Page 28 of 50 K:\PIanning DepllEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc 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/ornamental 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: 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 CONDIDONAL USES "PUBliC SITES AND OPEN SPACES" Public sites and open spaces shall conform to the following: Page 29 of 50 K:\Planning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc 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: 1. 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: . None at this time, it is anticipated that these standards will be addressed m the preliminary plat process. D. DISCUSSION: . The City Staff and the applicant have mutually prepared a development agreement to serve as a guide for this development approval, see staff recommendation on pg. 28 for details on the development agreement. . 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 this designation. . The Eagle Comprehensive Plan designates the maximum density to be 2 units per acre for a total of 1,524 units. The applicant is requesting approval of up to 1,300 units which represents a density of 1.7 units per acre. The Applicant is requesting that the unused Page 30 of 50 K:\PIanning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc density of the development 224 units be held in reserve to be transferred to future project submittals, The applicant is requesting that the partnering parcels identified in Exhibit H of the development agreement be allowed to receive up to 1 additional unit per acre beyond the base density of 2 units per acre as designated in the plan. 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. This additional density is reflected in the submittal currently before the City. . The applicant is requesting that the density of the project be calculated as a whole versus calculating the density for each individual parcel within the development. 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 Subdivision, Two Rivers and Lexington Hills and is an essential component to the preliminary development plan process. . The applicant is requesting that the partnering parcels identified in Exhibit H of the development agreement be allowed to receive up to 1 additional unit per acre beyond the base density of 2 units per acre as designated in the plan. 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. This additional density is reflected in the submittal currently before the City. . The applicant will have to comply with the conditions and approvals of ACHD. . Additional Right-of-Way will be required for State Highway 16. . A new local roadway should be constructed parallel to Highway 16 to serve as an internal circulation road in lieu of a frontage road. . 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 proposing to construct 20-25% of the streets within the development as private gated facilities. Staff recognizes the need for limited access to portions of the site and feels a limited use of these facilities is appropriate. At the time of preliminary plat application, private streets should be evaluated at the time of preliminary plat to ensure the following: 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; Page 31 of 50 K:\Planning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc 2. The private street provides safe and effective movement of both vehicular and pedestrian traffic; 3. The private street provides adequate access for service and emergency vehicles; 4. The private street does not adversely affect access or good transportation planning to adjacent property and to the area travel networks; 5. The private street does not land lock adjacent property due to topography or parcel layout; 6. Other than to provide emergency access, the private street does not connect one public street to another, encouraging travel through the development served by the private street; 7. The use or alignment of the private street does not interfere with the continuity of public streets; and 8. An appropriate mechanism has been established for the repair and maintenance of the private street, including provisions for the funding thereof. . Staff 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 recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A public hearing on the application was scheduled before the Planning and Zoning Commission on September 12,2005 and October 24,2005, at which time testimony was taken, the public hearing was closed and the Commission made their decision. A. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by: Bud Roundtree Bob Borman David Anderson Kathy Nahas Jason Peery Jennifer Foster Richard Menefee Janie Horton Randy Nuxoll Page 32 of 50 K:\P1anning DeptlEagle ApplicationslPre1iminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc Judy Medders Stoney Foster B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by: Nancy Frost Wendell Bigham Lee Schrack Teri Bath Mike Hormachea Kelly Burkat C. Additional people signed up t to testify but either chose not to or their issues were resolved by the presentation by the applicant and staff. COMMISSION DECISION: The Commission voted 4 to 0 (Lien absent) to recommend approval of A-9-05/RZ-13- 05/CU-12-05/PPUD-13-05 (Legacy Preliminary Development Plan) with the following staff recommended site specific and standard conditions of approval with text shown with underline to be added by the Commission. The Commission emphasized the need for the applicant, City and ACHD to work together to resolve roadway issues as soon as possible. SITE SPECIFIC CONDITIONS OF APPROVAL: FOR THE ANNEXATION AND REZONE: The following conditions to be placed within a development agreement: 3.2.1 The Legacy Development shall consist of four interrelated elements: a residential development, an academy training facility, a private golf course clubhouse, ancillary office and commercial uses contained within the 762.38 acre site. 3.2.2 The total number of residential units to be developed within the residential designated Property consisting of approximately four hundred sixty two (462) acres (See Exhibit A), shall not exceed one thousand three hundred (1,300) units in the aggregate. In the event additional areas adjacent to the "core development area" as described in Exhibit E are included in the Legacy Development attached hereto and incorporated herein, an increased Page 33 of 50 K:\Planning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc density bonus of up to one dwelling unit per acre shall be allowed if the criteria for density bonuses as specified in this Agreement are met. Minimum setback, lot sizes, and open space requirements for a standard (non PUD) subdivision shall apply which may result in reducing the number of units to less than 1,300, which shall not require a conditional use permit. The total number of multi-family residential units to be developed within the residential designated Property shall not exceed one hundred (344) units in the aggregate. In the event the multi-family residential units are developed as a PUD, an increased density bonus of fifteen percent (15%) may be allowed if the criteria for density bonuses are met. The mixture of residential use shall include the following: Approx. Lot Sizes Type of Home % of Land % of Units 4,000 SF (34 x 120) Townhome 9% 27% 6,000-8,000 SF Patio 23% 28% 8,000-12,000 SF Custom 35% 30% 12,000-33,000 SF Estate 33% 14% Setback Parameters Front Back Side Attached 10 Feet 10 Feet 5 Feet" Detached 20 Feet 15 Feet 5 Feet * 0 feet interior units 3.2.3 The total gross acreage t eligible for development as office/commercial use shall be limited to 8.4, acres approximately 1.1 % of the project area as permitted by Eagle City Code for a PUD(Cite to Code here). The Property can be developed and shall comply with the Eagle City Code and Comprehensive Plan, as adopted at the time this Development Agreement is recorded, except as otherwise provided within this Agreement. The uses allowed within the office/commercial area of the property shall be limited to the following: . Artist Studio . Arts and Crafts shows . Beauty/barber Shop . Family & Group Childcare . Convenience Store w/ 0 fuel service (hours limited to 7am to lOpm) . Electronics sale, shop & repair Page 34 of 50 K:\Planning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc . Food and Beverage Sales, Excluding liquor sales(hours limited to 7am to Wpm) . Health club, spa, weight reduction salons . Home and business services . Laboratories . Laundry Service with no drive up . Massage Spa . Office Business and professional . Personal Improvement . Personal Service . Photographic Studio . Professional Activities . Restaurant (no drive thru) (hours limited to 7am to Wpm) . Retail Sales Limited . Retail Sales (pharmacy and medical) . Travel services . Upholstery service . Vet Clinic (excludes overnight boarding) . Government Buildings . Library . Museum No single retail use on the Property shall exceed forty thousand (10,000) square feet in building area. No portion of the Property shall be used for any of the following uses: . "Commercial, Adult Business" . "Commercial, Automotive, mobile home, travel trailer, and/or farm implement sales, " . "Commercial, Cemetery," . "Commercial, Drive-in theatre," . "Commercial, Mortuary." . "Commercial, Storage (fenced area)," . "Industrial, Railroad yard or shop, " . "Industrial, Terminal yard" trucking," and . "Industrial, Truck and equipment repair and sales (heavy)," The office/commercial portion of the Property, as shown on Exhibit A shall be developed as ancillary office and commercial area primarily to Page 35 of 50 K:\Planning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD- 13-05 Legacy pzf.doc serve the Legacy Development and house the headquarters of Nicklaus Academies. 3.2.4 A minimum 232.8 gross acres of the development shall be developed as a Jack Nicklaus designed golf course to be managed and maintained by a private corporation which provides a limited opportunity for membership to residents of the Legacy Development and the residents of Eagle. Membership in the Legacy Golf Club may be limited to 500-600 members and may be increased at the Developer's discretion. The 232.8 acre golf course as identified in Exhibit A shall be limited to solely to a golf course and associated ancillary uses including a club house, snack bar and equipment and maintenance facilities. Any other use of the golf course would require amendment of this Agreement and the PUD according to the Eagle City code in affect at the time such modification is applied for. 3.2.5 A minimum of 10 gross acres of the Legacy Development shall be provided or sold to the Meridian Joint School District to be developed as a public school site. Access to the school site shall be taken from the newly extended Floating Feather Road, The school shall be subject to the Eagle Design Review process but a concept for the architectural style of the school facility is set forth as Exhibit F attached hereto and incorporated herein by reference This development agreement shall be used in lieu of a conditional use permit for the development of the school site in the Residential Two zoning district. 3.2.6 84.6 gross acres of the development shall be dedicated as open space amenities for the residents of the Legacy Development. The open space is defined in two categories the academy core and community space described as follows: The Academy Core (23.8 acres) shall include the following training facilities: Swim Academy Tennis Academy Soccer academy Golf Academy The academy core shall be developed as set forth in Exhibit G, attached hereto and incorporated by reference herein. Page 36 of 50 K:\P1anning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc All buildings in the academy core shall be subject to the Eagle Design Review Board approval. All facilities within the academy core shall be for the sole use of the Legacy residents and shall be maintained at the expense of the Legacy Homeowners Association.. The community open space shall be developed for the casual recreation use of the project and shall include a minimum of 60.8 acres, represents at least 8.5 % of the gross project area. All partnering areas identified in Exhibit H, shall provide a minimum of 15% onsite open space in addition to the community open space proposed in the core of the project owned by Eagle Sports Legends Development LLC. All amenities within the community open space shall comply with the Eagle City Code in effect at the time of submittal for development approval. 3.2.7 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for maintenance of all community and privately owned landscaping and amenities; (b) A requirement insuring compliance with the Design Guidelines approval for all buildings and amenities, with the exception of single family residences, such design guidelines are set forth in the Development Agreement as Exhibit G attached hereto and incorporated by reference herein. 3,2.8 Except for the limitations and allowances expressly set forth above and the Other terms of this Agreement, the Property may be developed and used consistent with the Residential Two District land uses allowed by the Eagle City Code, and Eagle's Official Schedule of District Use Regulations, existing at the time this Development Agreement is recorded, a copy of which is attached hereto by reference herein as Exhibit I. 3.2.9 All development within the Property shall be consistent with the Site Design Guidelines ("Design Guidelines") attached hereto as Exhibit G and generally consistent with the Concept Plan attached hereto as Exhibit A. The Concept Plan attached hereto describes the general nature and relative location of certain elements for the Property. The intent of this Agreement Page 37 of 50 K:\Planning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc 3.2.10 3.2.11 3.2.12 3.2.13 3.2.14 is to allow sufficient flexibility at the time of detailed planning and platting while still maintaining the general intent of the Concept Plan with the requirements set forth in this Development Agreement. Prior to issuance of any building permits, Applicant shall provide proof of adequate sewer service to the proposed residences and commercial and industrial uses. A letter of approval shall be provided to the City from the Idaho Department of Health, Division of Environmental Quality, and/or Central District Health, prior to issuance of any building permits. Applicant acknowledges that the Property is currently not annexed to the Eagle Sewer District and annexation shall be required, Applicant acknowledges that the Property is located within the City of Eagle Municipal Water Service Area and compliance with applicable Eagle City Code sections shall be required. Applicant shall provide a report or analysis of any proposed changes to Wetlands located on the Property and any such change shall be contingent upon approval by the applicable state and federal agencies, along with the City of Eagle, and shall be in accordance with the Eagle Comprehensive Plan and City Code, Applicant agrees all development and improvement of the Property shall comply with all laws and regulations pertaining to regulated wetlands, Applicant will comply with all rules, regulations and ordinances of Eagle unless as otherwise required herein, including, but not limited to, applications for development permits as required by Title 10, Flood Control, Eagle City Code. A public easement for a greenbelt pathway (set forth in concept on the Conceptual Vehicular and Pedestrian Traffic and Open Space Plan attached hereto as Exhibit "A") shall be granted to the City of Eagle. The specific location and design of the pathway shall be approved by the City Attorney and City Council, prior to the City Engineer signing the first plat for the Property. Applicant shall provide an on-site, tree lined landscape strip along State Highway 16, Linder Road, Floating Feather and the east!west connector and Palmer Lane and a ten (10) foot wide bicycle/pedestrian pathway within the landscape strip all as is generally shown and depicted on Exhibit J and the Eagle Comprehensive Plan. Exhibit J is attached hereto and incorporated by reference herein. The width of the landscape strip in various locations shall be as shown on Exhibit K. The landscaping, Page 38 of 50 K:\Planning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc 3.2.15 3.2.16 3.2.17 3.2.18 including street trees and pathways, shall be reviewed and approved as required by applicable Eagle City Code provisions and as set forth in this agreement. The seventy-five (75) foot wide landscape strip along State Highway 16 shall include a minimum ten (10) foot high berm/wall combination with extensive landscaping to provide a buffer. The fifty (50) foot wide landscape strip along Linder Road and Floating Feather Road shall include a minimum eight (8) foot high berm/wall combination with extensive landscaping to provide a buffer. The thirty-five (35) foot wide landscape strip along the east!west connector Road shall include a minimum five (5) foot high berm/wall combination with extensive landscaping to provide a buffer. The property shall be designed to allow for a public roadway connecting this site to Floating Feather Road and Linder Road.. Approved access points are detailed in Exhibit L and are subject to approval by ACHD. Exhibit L is attached hereto and incorporated herein by reference, The applicant shall be allowed to construct private roads and gates in the areas designated in Exhibit M, attached hereto and incorporated herein by reference. These areas shall be constructed to public roadway standard and shall not provide an alternative connection/bypass to the public roadway system. No more than 20% of the residential units shall gain access from a pri vate road, The Legacy Development shall incorporate public art, water features, or Other features of interest and pedestrian amenities which encourage pedestrian use, in harmony with Exhibit N, attached hereto and incorporated herein by reference (i.e. outdoor drinking fountains, benches, tables, etc.). For any multi-family residential development first floors shall be insulated from second floors with lightweight concrete or other product or design which is similarly effective and common walls between units shall be insulated to mitigated transfer of noise between the floors and between units. The insulation method shall be reviewed and approved by Eagle prior to issuance of building permits. Building placement shall be designed such that parking areas are not Page 39 of 50 K:\P1anning DeptlEagle ApplicationslPreliminary Development P1ans\2005\PPUD-13-05 Legacy pzf.doc 3.2.19 3.2.20 3.2.21 3.2.22 concentrated between the buildings and roadways of a collector status or higher. The side of any buildings facing these roads shall be provided with architectural design elements and architectural relief in keeping with the proposed architectural styles contained in Exhibit G, attached hereto and incorporated herein by reference. Applicant shall obtain a license agreement from ITD and/or ACHD, to allow the right-of-way between this site and the edge of pavement along State Highway 16, Harney Lane, Linder Road and Floating Feather Road and Eagle Road to be landscaped and landscape said area if such an agreement is approved. Pathways and pedestrianJbicycle public access connecting the public roads To residential areas to the commercial areas shall be provided consistent with the Eagle Comprehensive Plan. Except as otherwise provided in this Agreement, the Property can and shall be developed in accordance with the Eagle City Code in effect on the date this Agreement is approved, however, if the area of the Residential Two Zone are expanded, such expanded uses shall be included in this Agreement. The Property shall become part of the City of Eagle's municipal water system and comply with the terms of the Memorandum of Agreement signed by the City and the Applicant's representative attached hereto and incorporated herein by reference as Exhibit O. The Concept Plan (see Exhibit A) indicates an unused density for the project of 225 units that may be transferred to the future expansion areas detailed in Exhibit E, attached hereto and incorporated herein as reference. The density transfer density shall require approval from the Eagle City Council and compliance with this agreement and any additional standards of the Eagle City Code at the time of the application. Additional density may be granted at the sole discretion of the Eagle City Council at a density of up to one (1) unit per acre with no single parcel/project resulting in a density of more than three (3) units per acre. All additional expansion areas at a minimum shall have 15% of the Legacy Development site, after right of way dedication, dedicated to open space and recreational uses to be maintained by the home owners association. Page 40 of 50 K:\P1anning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc FOR THE CONDITIONAL USE PERMIT AND PRELIMINARY DEVELOPMENT PLAN: 1. Comply with the requirements of the City Engineer. 2, The applicant shall submit payment to the City for all outstanding Engineering fees incurred for reviewing this project, prior to the City Clerk signing the first final plat. 3. Comply with all site specific conditions provided within the Eagle Fire District letter dated, August 23, 2005. 4. Comply with the all conditions of ACHD. 5. The applicant shall place a note on the final plat that all common areas are to be owned and maintained by the 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. 6. The entire Legacy development shall remain under the control of one Homeowner's Association. 7. As described by the applicant, 5 architectural styles shall be the required for the development. Photo examples of the above descriptive language, date stamped by the City on September 12, 2005, 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. 8. 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. 9. 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. 10. Provide a preliminary plat!preliminary development plan showing a note reflecting a rear lot line drainage and utility easement of 12-feet wide and a side lot line drainage and utility easement of 6-feet wide. 11. 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 approved by the Parks and Pathway Development Committee and the Design Review Board prior to the submittal of a final plat. 12. Provide a revised preliminary plat!preliminary development plan showing school Page 41 of 50 K:\P1anning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc 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. 13. 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. 14. 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. 15. 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. 16. All structure, except duplex and single family homes, shall be subject to Eagle City Code 8-2A and review by the Eagle Design Review Board. 17. 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 five-feet (5') of the edge of the roadway. 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. 18. 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. 19. The following setbacks and lot size requirements shall apply: Page 42 of 50 K:\Planning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc Approx. lot Sizes Type of Home % of land % of Units 4,000 SF (34 x 120) T ownhome 9% 27% 6,000-8,000 SF Patio 23% 28% 8,000-12,000 SF Custom 35% 30% 12,000-33,000 SF Estate 33% 14% Setback Parameters Front Back Side Attached 10 Feet 10 Feet 5 Feet- Detached 20 Feet 15 Feet 5 Feet .0 feet interior units 20. The side setback (that side adjacent to the pathway) for lots adjacent to interior pathways shall be 15-feet minimum. 21. The Development agreement shall address mechanisms to buffer the exiting 5-acre lots along Longhorn Street from the proposed Legacy Development. 31. With regards to the 40 acres located east of Linder Road special attention be paid to the existing developments in that area and platting of that property pay special attention ot buffering, transitioning to existing lots. 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 (J.e. Title 50, Chapter 13 and Le. 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.e.C. 9-20-8.4) Page 43 of 50 K:\PIanning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc 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 9-4-1-9(C) which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for 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 Page 44 of 50 K:\P1anning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc 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 Attorney prior to the City Engineer signing the final plat. Page 45 of 50 K:\Planning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc 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 Page 46 of 50 K:\Planning DeptlEagle Applications\Preliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc 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 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. 32. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application, CONCLUSIONS OF LAW: A. The applications for this item were received by the City of Eagle on July 21,2005. B. 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 August 29, 2005. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 29, 2005. Requests for agencies' reviews were transmitted on July 28, 2004, in accordance with the requirements of the Eagle City Code. In accordance with Eagle City Code findings for a planned unit development preliminary development plan and a conditional use permit the Eagle Planning and Zoning Commission Page 47 of 50 K:\PIanning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc makes the following conclusions for A-9-05/RZ-13-05/CU-12-05/PPUD-13-05, (Legacy Preliminary Development Plan), as proposed with the conditions recommended herein: The proposed preliminary development plan and conditional use; A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City Code Title 8 for the MU-DA zoning districts since an commercialJindustrial development is shown as needing approval of a conditional use permit in the MU zoning districts on the "Official Schedule of District Regulations" chart of that section; B. Will be 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 since the development will bring new commerce the area, provide for pleasing and varied use of the property and will increase business and the arts within the community; C. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8) since there are no inconsistencies with the Comprehensive Plan and since the development will be required to meet conditions of a design review application; D. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area since the development will be required to meet the City's design review requirements and the conditions noted herein; E. Will not be hazardous or disturbing to existing or future neighborhood uses since the area is primarily surrounded by agricultural, or natural habitat and since the proposed development will be adequately buffered from any residential use not under the control of the applicant; F, 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 (the applicant testified that there will be a center turn lane on Highway 44 and that as required by ACHD acceleration and deceleration lanes will be provided along the South side of Highway 44); or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services as noted in responses received by agencies providing the public services; G. Will not create excessive additional requirements at public cost for public facilities and services; H. Will 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 as long as the conditions herein and all design review conditions are complied with; I. Will have vehicular approaches to the property which are designed as to not create an Page 48 of 50 K:\P1anning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc interference with traffic on surrounding public thoroughfares since they are required to be reviewed and approved by the highway district having jurisdiction and since they are subject to the conditions herein; and J, Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance since, other than the existing trees which require design review approval prior to being removed, none are apparent on this site. Page 49 of 50 K:\Planning DeptlEagle ApplicationslPreliminary Development Plans\2005\PPUD-13-05 Legacy pzf.doc feature of major importance since, other than the existing trees which require design review approval prior to being removed, none are apparent on this site. DATED this 7th day of November, 2005. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE A ounty, Idaho ATTEST: "".......... '. h~' OF EA ..... <\ --l ........ G <. . ". .. ,.~... OR ... -<$' .. ~ 'V~ ~t -tl'.. '. S ! ,0 ~)\ * ;, : * : v ~... : . . : \. ~.~~ S EAL.:-: 0 i if! -.0. .Q. Jji "":'" ..~::~:~~~.. t-~/ ~1'8 OF \~...., ,'........... Page 50 of 50 K:\Planning Dept\Eagle ApplieationslPreliminary Development Plans\2005\PPUD-I3-05 Legacy pzf.doc