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:
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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:
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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.
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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)
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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:
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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.
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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
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.
.
:;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
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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
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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
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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,
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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.
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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
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(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
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(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.
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(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
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(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.
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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
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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.
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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.
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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.
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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:
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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.
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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.
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;~"-
it.)
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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)
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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;
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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.
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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:
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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.
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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:
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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
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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;
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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
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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
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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
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. 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
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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.
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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
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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,
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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
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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.
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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
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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:
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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)
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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
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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.
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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
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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
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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
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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.
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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
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