Findings - CC - 2008 - A-15-07/RZ-22-07/PP-15-07 - Langree Subd/45 Lot/9.57 Acre/5342 W. State Street BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT TO MU-DA AND PRELIMINARY )
PLAT FOR LANGTREE SUBDIVISION FOR )
LAND ASSOCIATES,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-15-07/RZ-22-07&PP-15-07
The above-entitled Annexation, Rezone with development agreement, and Preliminary Plat applications
came before the Eagle City Council for their action on April 8, 2008, at which time public testimony was
taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Land Associates,LLC,represented by Chris Todd with Landmark Engineering and
Planning, is requesting an annexation and rezone from RUT(Rural Urban Transition)to
MU-DA (Mixed Use with a Development Agreement)and preliminary plat approval for
Langtree Subdivision, a 45-lot, 54-unit(33-single-family, [19 multi-family, and 1 duplex,
contained within 3-lots], 9 common)residential subdivision. The 9.57—acre site is located
on the north side of State Highway 44 (State Street) approximately 1,330-feet west of
Linder Road at 5342 West State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Hope Lutheran Church in the Fellowship Hall,
at 6:00 PM, September 10, 2007, in compliance with the application submittal
requirement of Eagle City Code. The applications for this item were received by the City
of Eagle on September 19, 2007.
C. NOTICE OF PUBLIC REARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on January 21, 2008. 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 January 17, 2008. The site was posted in accordance with Eagle City Code on
January 25, 2008. Requests for agencies' reviews were transmitted on September 26,
2007, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on March 10, 2008. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on March 7, 2008.
The site was posted in accordance with the Eagle City Code on March 26, 2008.
Page 1 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
D. HISTORY OF PREVIOUS ACTIONS:
This site has previously been reviewed for Greenwich Place Subdivision. Due to multiple
design changes made by the applicant to the Greenwich Place preliminary plat during the
review process, the applicant withdrew the application in order to finalize a proposed
design. The application did not move far enough in the review process (i.e. to a public
hearing)to be considered as having any bearing on the current application.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing High Density RUT(Rural Urban Single-family residence and
Residential Transition-Ada County pasture
Designation)
Proposed No Change MU-DA (Mixed Use with Residential-Single-family,
a development two-family, and multi-family
agreement) dwellings
North of site Transitional R-4-DA-P(Residential- Proposed residential
Residential up to four units per acre development-Eaglefield
with a development Estates
agreement and Planned
Unit Development)
South of site Mixed Use RUT(Rural Urban State Highway 44 and
Transition-Ada County Single-family residence with
Designation) pasture.
East of site High Density MU-DA-P (Mixed Use Proposed residential
Residential with a development development-Eaglefield
agreement and Planned Estates
Unit Development)
West of site High Density RUT(Rural Urban Single-family dwelling
Residential Transition-Ada County
Designation)
G. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The applicant's justification letter dated September 19, 2007, is included herein by
reference.
H. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The City is requesting a development agreement to meet the intent of the Eagle
Comprehensive Plan, specifically the mixed use development section, and to ensure that
the property is developed in a manner that protects the public interest and assures a
development that meets the vision for this area as anticipated by the City of Eagle.
Page 2 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccfdoc
DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
J. SITE DATA:
Total Acreage of Site—9.57 acres
Total Number of Lots—45
Residential—36
Commercial—0
Industrial—0
Common—9
Total Number of Units -
Single-family—33
Duplex—2
Multi-family— 19
Total Acreage of Any Out-Parcels—0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 5.64/dua Not to exceed ten (10)
units per acre
Minimum Lot Size 2,880 square feet 5,000 square feet
Except that a decrease of
minimum lot size in a
subdivision may be allowed if
there is an offsetting increase of
the same square-footage in open
space and a planned unit
development is applied for and
approved)-per ECC Section 8-
2-4(G).
Minimum Lot Width 32-feet(Townhouse lots) 50-feet
Minimum Street Frontage 0-feet(Townhouse lots) N/A
Total Acreage of Common Lots 3.61 acres 2.78 acres
[1.91 acres minimum plus.87-
acres for lots smaller than the
minimum(5,000 SF)—37,714—
square feet total area below
5,000 square feet.]
Percent of Site as Common Area 37.7% 29%
K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
Eagle City Code Section 8-2A-7(J) (4) (c) requires new developments adjacent to
principal arterials to have a minimum 75-foot wide buffer area from that arterial. The
Page 3 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
applicant is proposing a 75-foot wide buffer area adjacent to the 100-foot setback (from
the centerline of State Highway 44) requested by the Idaho Transportation Department.
The planting plan date stamped by the City on September 19, 2007, notes a fourteen foot
(14')high berm to be located within 75-foot wide buffer area.
Since Escalante Street will be a residential collector, Eagle City Code Section 8-2A-7(J)
(4) (a) requires a minimum 35-foot wide buffer area adjacent to the street. The
preliminary plat date stamped by the City on September 19, 2007, shows 35-foot wide
buffer areas(common lots) located on each side of Escalante Street.
Open Space:
The preliminary plat date stamped by the City on September 19, 2007 shows a total of
37.7%of common area. The planting plan date stamped by the City on September 19,
2007, shows a common lot south of the Middleton Mill Canal with a gazebo, plaza area
and community garden plots. The lots within Block 2 and Block 3 are fronted by open
space to provide an appearance of a front yard for the proposed single-family dwellings
located within these blocks. Lots 6, 8-13, Block 1, are adjacent to the common area(Lot
7, Block 1) located at the southern end of the development. W. Escalante Drive has a
thirty five foot(35')wide buffer area adjacent to both sides of the street.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide
except that lesser easement widths, to coincide with respective setbacks, may be
considered as part of the planned unit development.
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)-yes
The existing home (which is to be removed) on the property is currently served by a septic
system. The applicant will be required to obtain the proper permits and abandon the
existing septic system.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision. There are mature trees located adjacent to the Middleton Mill
Canal on the southern portion of this site.
Page 4 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If any historical artifacts are discovered during excavation or development
of the site state law requires immediate notification to the state.
L. STREET DESIGN:
Public Streets:
The preliminary plat date stamped by the City on September 19, 2007, shows Escalante
Street will be continued as a residential collector from the Eaglefield Estates development
to the east and bisecting this site from east to west approximately 160 feet south of the
northern boundary. The street cross section shows the collector with a twenty-nine foot
(29')wide pavement area(as measured from back of curb to back of curb)with two
fourteen foot(14')wide travel lanes located within a fifty-foot(50')wide right-of-way.
The five foot(5')wide detached sidewalks on each side of Escalante Street are proposed
to be located outside of the right-of-way.
The applicant is also proposing to construct a looped street system north and south of
Escalante Street providing connections approximately 115 feet west of the eastern
boundary and 110 feet east of the western boundary. The preliminary plat shows the street
cross section for a local minor street to have a twenty-nine foot(29')wide pavement area
(as measured from back of curb to back of curb)with two fourteen foot(14')wide travel
lanes and attached five foot(5')wide sidewalks located within a forty-two(42')wide
right-of-way.
Public Alley:
The alley section shown on the cover sheet(C01)of the preliminary plat date stamped by
the City on September 19, 2007, shows a public alley located between Block 2 and Block
3 to be constructed with a sixteen foot(16')wide travel lane and a two foot(2')wide
valley gutter on each side located within a twenty foot(20')wide right-of-way.
Sidewalks:
The preliminary plat shows detached sidewalks adjacent to Escalante Street. The
applicant is proposing attached five foot (5') wide sidewalks adjacent to the interior local
streets within the development.
Curbs and Gutters:
The preliminary plat date stamped by the City on September 19, 2007, shows a street
section for a residential collector (Escalante Street) to be constructed with vertical curb.
The local street section shown on the preliminary plat does not indicate the type of curbing
adjacent to the street.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning
Administrator for review and approval prior to the submittal of the final plat. Any
modifications made to the lights shall be completed before the final plat approval.
Street Names:
Street names are required to be reviewed and approved by the Ada County Street Names
Committee prior to final plat approval.
Page 5 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
M. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat date stamped by the City on September 19, 2007, shows a six foot
(6') wide concrete pathway with a pedestrian foot bridge providing access across the
Middleton Mill Canal from W. Langtree Drive to the open space area south of the
Middleton Mill Canal (Lot 7, Block 1). There is also a six foot (6') wide concrete
pathway shown within the common lot (Lot 8, Block 2) providing access from the
residential lots to the parking area adjacent to N. Lornsford Ave. The preliminary plat
also shows a twelve foot (12') wide gravel pedestrian path/maintenance road adjacent to
the north side of the Middleton Mill Canal from the eastern boundary to the western
boundary of the site.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council. The detailed street sections shown on the cover sheet date stamped
by the City on September 19, 2007, does not show a bike lane on either the residential
collector or the local interior roads.
N. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
In conversation with Lynn Moser with Eagle Sewer District, Mr. Moser stated that the
property is currently annexed into the District and sewer service would be provided
through an eight inch(8")PVC main line that is currently being constructed as part of the
Eaglefield Estates Subdivision. Mr. Moser also stated that prior to allowing an extension
and connection to the sewer system, sewer plans would need to be submitted and approved
by the District.
The development is located within the City of Eagle municipal water service area. The
applicant will either develop an on-site municipal system or connect to an adjacent
planned municipal mainline which is to be constructed by the developer of the Eaglefield
Estates development.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes—adjacent to the Middleton Mill Canal
Riparian Vegetation—yes—adjacent to Middleton Mill Canal
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required
Page 6 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007Langtree Sub ccf.doc
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is included herein by
reference. Comments which appear to be of special concern are noted within the Staff
Analysis/Discussion section of the report.
City Engineer: All comments within the engineer's letter dated October 9, 2007, are of special
concern(and referenced herein).
Ada County Highway District
Central District Health Department
Chevron Pipe Line Company
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
Stoppello&Kiser(rep: Middleton Canal Companies)
S. LETTERS FROM THE PUBLIC:None received to date.
T. COMMENTS FROM THE CITY FORESTER:
The tree valuation report dated January 18, 2007 is included herein by reference.
U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant has indicated within the narrative date stamped by the City on September
19, 2007, that after approval of final construction documents in late 2008, construction for
the project should begin in 2008.
V. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non-PUD proposal.
Page 7 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
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.
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.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The Comprehensive Plan Land Use Map(adopted February 13, 2007)designates this site as:
High Density Residential.
Suitable primarily for multi-family housing including apartments,town homes and duplexes
within the urbanized setting adjacent to designated transit corridors.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors
and natural features through the city. These areas may require berming, enhanced
landscaping, detached meandering pathways and appropriate signage controls.
Chapter 1 Overview
1.1 The purpose of the Eagle Comprehensive Plan is to promote the health, safety,
and general welfare of the people of the City of Eagle and its Impact Area as
follows:
g. To ensure that the development of land is commensurate with the physical
characteristics of the land.
Chapter 4 Schools, Public Services And Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special
districts provide the basic services of water, sewer, school,police, fire and library
to residents. With Eagle's growing population comes the need for increased
public services and the necessity to improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded
plays an important role in the location and intensity of future housing, commercial
and industrial development. Since the City of Eagle depends on outside
Page 8 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
providers, it must be involved in any plans that will affect the community.
Service providers currently include:
• The Eagle Sewer District provides sewer service within a designated sewer
service area. Larger lot homes have wells and septic systems and must
comply with Central District Health Department requirements.
• The Meridian and Boise School Districts provide K-12 education.
• United Water, Eagle Water Company, and the City provide water to Eagle
residents. Some private water systems and wells are also used.
• Private canal companies and drainage districts provide irrigation water and
drainage water management.
Chapter 6 Land Use
6.6 Implementation Strategies
k. Protect gravity flow irrigation systems including canals, laterals and ditches to
assure continued delivery of irrigation water to all land serviced by such
systems,to protect irrigation systems as a long range economical method for
water delivery and to coordinate surface water drainage to be compatible with
irrigation systems.
6.8.2 Park Lane Planning Area
a. Uses
The land use and development policies specific to the Park Lane Planning
Area include the following:
7. The area located west of Linder Road and State Street shall provide for
high density residential including apartments, town homes and patio
homes, and transitioning northward to 1-2 units per acre. Internal
circulation is essential to the development of this area; a loop/frontage
road similar to Old Valley Road should be created. Uses should focus on
this roadway(not State Street)with berming and wide setbacks to be used
to buffer any residential use from the regional transportation network.
Chapter 7 Natural Resources And Hazard Areas
7.5 Water Resources
Surface Water:
The Eagle planning area is crossed by eight irrigation systems: the Farmers Union
Canal,New Dry Creek Canal,New Union Ditch, Breshears Lateral,Ballantyne
Canal,the Mason Catlin Canal, Capital View Canal and the Boise Valley Canal.
Chapter 8 Transportation
8.3.0 City of Eagle Functional Pathway Classifications
8.3.1 Paths
Function:
To provide for recreation and alternative transportation; important to provide safe
continuous thoroughfares with minimal cross flow of vehicular traffic.
Page 9 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccfdoc
Location:
Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be
located along roadway right-of-ways and would usually be separated from vehicle
travel lanes and the paved section of the roadway by a median or sidewalk.
8.3.2 Bike Lanes
Function:
Primarily used as a lane for bicycles and other non-motorized uses.
Location:
Bike Lanes usually exist on the same pavement surface as motorized lanes.
Arterials and collectors should be provided with bike lanes on each side of the
roadway.
8.4 Goal
Plan a transportation system to serve the planned land use of the City of Eagle and
its Area of Impact.
8.5 Objective
Encourage alternative transportation forms such as walking and biking.
8.6 Implementation Strategies
b. Integrate all modes of travel to support air quality improvement measures.
e. Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway
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.
m. Establish and require minimum setbacks between developments and roadways
and to encourage installation of berms and landscaping for all developments
to enhance safety and to enrich the roadway and community appearance.
p. Encourage sidewalks that are separated from the curb on all streets, except for
areas where Eagle City Code requires sidewalks to abut the curb and where
existing buildings, inordinate environmental impacts, or other impacts make
setting the sidewalk back infeasible. Meandering sidewalks should be
required where space permits. A planter strip of sufficient width for street
trees between the sidewalk and roadway should be required to provide a
canopy effect over the roadways. The type of street trees used should be those
which have root systems that have proven to not cause sidewalk or curb
damage when in close proximity to such improvements.
q. Design and/or align roads to preserve existing trees wherever possible; safety
shall not be compromised.
Page 10 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\L.angtree Sub cc£doc
Chapter 9 Parks,Recreation And Open Spaces
9.5 Pathways And Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
Chapter 11 Special Areas and Sites
11.1 Recognized Special Areas and Sites
Drainages and Canals
Special natural and manmade features of Eagle are the drainages and canals. The
main purpose of the canals and drainage ditches is that of distributing and moving
water.
11.2 Goal
To promote the conservation and efficient management of all Special Area and
Sites.
11.3 Implementation and Strategies
a. Protect and improve natural and man-made waterways.
g. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
Chapter 12 Community Design
12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
12.4 Implementation Strategies
d. The City Design Review Ordinance shall set forth criteria for building design,
landscaping, signage and other aesthetic standards. Development along State
Street within the Impact Area and outside the City limits shall be encouraged
to comply with the Design Review Ordinance.
Page 11 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
g. New residential, commercial, and industrial development shall be required to
meet minimum design standards as specified by City Ordinances.
k. Encourage the preservation of natural resources such as creeks, drainages,
steep slopes, and ridgelines as visual amenities.
1. Encourage the development of pathways and open-space corridors throughout
the City.
r. Encourage the development of a strong community identity through urban
design standards, downtown revitalization, cultural activities, and visual
gateways to the City.
o. Encourage the planting and preservation of trees that will create beauty and
add to the healthy environment of downtown(see Eagle Tree Plan below).
12.5 Eagle Tree Plan
12.5.1 Goal
To establish and enhance areas of tree growth that will create beauty, add to a
healthy environment and increase economic stability.
12.5.2 Objectives
a. To create an urban forest that will help reduce air and noise pollution, conserve
water and reduce soil erosion, assist in modifying the local climate, increase
property values, and improve Eagle's economy by providing a pleasant and
more comfortable place to shop and live.
B. WATER SERVICE ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code, Section 6-5-3 Service Area and Connection Requirement:
B. Connection To Water System Required: Every parcel of land or premises within the
boundaries of the city, improved by new construction for occupancy and occupied or used
by any person or persons, or as a commercial business, shall be connected to the city water
department public water system so long as the area is within the service area of the city
water system. The owner or person in charge of such land shall make or cause to be made,
such connection within sixty (60) days after receiving official notice from the city to so
connect. All charges associated with the laying of pipe from the home or facilities to be
served by the city's mains shall be the responsibility of the user and shall be properly
designed and constructed in conformity with requirements specified by the city. If a
parcel of land is not within three hundred feet (300') of a water main, connection may not
be required unless the city elects to extend the water main to within three hundred feet
(300')of the applicant's property.
• Eagle City Code, Section 6-5-23 Donation Of Water Systems To The City:
A. Design Standards: All newly constructed water systems shall be designed according to the
city construction and design standards as it pertains to water systems.
B. Water Systems Shall Be Dedicated To The City: All newly constructed domestic drinking
water systems, constructed after the enactment of this chapter within the water service
area, must be dedicated to the city, at the city's option, after the city inspects such system
Page 12 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
for compliance with the construction and design standards. Included in the public
dedication of the water system,the water system owner must also provide a reasonable
right of way and easement to allow for maintenance and service of the water system.
C. Conditions Of Annexation And/Or Approval Of New Development: As a condition of
annexation into the city and/or as a condition of approval of new development within the
city,the landowner and/or developer shall:
1. Secure suitable surface water rights adequate to satisfy all irrigation, aesthetic,
amenities, or recreation needs of the proposed development and/or property proposed
to be annexed. Said water rights must be valid,existing water rights recognized by
the Idaho department of water resources(the "department"). If any transfer,
amendment or other proceedings are required under Idaho Code or department rule or
regulation for the city's use of such water,the owner and/or developer shall be solely
responsible for the city's costs of completing the same and the city's costs of obtaining
all necessary approvals from the department as a condition of annexation and/or
development, including costs associated with mitigation;
2. Secure suitable ground water rights adequate to satisfy all ground water needs of the
proposed development and/or property proposed to be annexed and transfer or assign
said water rights to the city for inclusion into the city's municipal water supply system.
Said water rights must be valid, existing water rights permitted or licensed by the
department. If any transfer,amendment or other proceedings are required under Idaho
Code or department rule or regulation for the city's use of such water,the owner
and/or developer shall be solely responsible for the city's costs of completing the same
and the city's costs of obtaining all necessary permits and approvals from the
department as a condition of annexation and/or development, including costs of
mitigation;
3. Pay for the city's costs of construction of municipal supply well(s)necessary to meet
the demands of the proposed annexed property and/or new development. The city
engineer shall determine the necessary location,number, and capacity of well(s)based
upon the proposed development or other improvements. Said wells shall be
constructed to city standards. The owner and/or developer shall be solely responsible
for the city's costs of obtaining all necessary permits and approvals for such wells as a
condition of annexation and/or development, including the costs of any required
mitigation. The design and construction of municipal supply wells shall be reviewed
and inspected by the city engineer;
a. At the option of the city,demands arising from more than one development may
be served by a single well or centralized well with the costs thereof apportioned to
the participating developments in proportion to their water demands.
C. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-1-2 defines Dwelling, Multi-Family as:
A dwelling consisting of three (3) or more dwelling units including townhouses and
condominiums with varying arrangements of entrances and party walls. Multi-family
housing may include public housing.
Page 13 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub cf.doe
• Eagle City Code, Section 8-1-2 defines Lot Coverage as:
The ratio of enclosed ground floor area of all buildings on a lot to the horizontally
projected area of the lot, expressed as a percentage.
• Eagle City Code, Section 8-1-2 defines Lot Frontage as:
The front of a lot shall be construed to be the portion nearest the street. For the purpose of
determining yard requirements on corner lots and through lots, all sides of a lot adjacent to
streets shall be considered frontage and yards shall be provided as indicated under "yards"
in this section.
• Eagle City Code, Section 8-1-2 defines Lot, Minimum Area Of as:
The area of a lot is computed exclusive of any portion of the right of way of any public or
private street.
• Eagle City Code, Section 8-1-2 defines Open Space as:
A common area platted as a separate lot(except for the portion of the 8 foot wide
landscape strip located adjacent to and within the public right of way of a local street),
substantially open to the sky, exclusive of streets, commercial and residential buildings,
and shall be designated and intended as a usable and convenient amenity for the
residences of any proposed development.
• Eagle City Code, Section 8-1-2 defines Open Space, Active as:
Common area which includes, but is not limited to, athletic fields, buildings or structures
for recreational activities including picnic areas, community garden, courses or courts,
children's play area, dog play area, and pathways, excluding passive open space areas.
Landscape buffer areas not required pursuant to subsection 8-2A-7J of this title may be
considered, in part, as active open space provided a pathway or other active amenity is
located within and incorporated into the buffer area. Up to fifteen percent(15%) of the
total area of water bodies (i.e., ponds)within a development may be considered active
open space provided there is a finding that the ponds employ active recreation capabilities
such as fishing, rafting, canoeing, and the like.
• Eagle City Code, Section 8-1-2 defines Open Space, Passive as:
Common area which includes, but is not limited to, landscaped buffer areas required
pursuant to subsection 8-2A-7J of this title(including the sidewalk within the buffer area),
natural areas, wetland areas, ornamental gardens, decorative fountains, and water bodies,
excluding active open space areas.
• Eagle City Code, Section 8-1-2 defines Right Of Way as:
A strip of land taken or dedicated for use as a public way. In addition to the roadway, it
normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities,
and may include special features (required by topography or treatment) such as grade
separation, landscaped area,viaducts and bridges.
• Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title
the zoning districts have been formulated to realize the general purposes as set forth in this
title. In addition,the specific purpose of each zoning district shall be as follows:
Page 14 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccfdoc
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as
limited office, limited commercial, and residential. This district is intended to ensure
compatibility of new development with existing and future development. It is also
intended to ensure assemblage of properties in a unified plan with coordinated and
harmonious development which shall promote outstanding design without unsightly and
unsafe strip commercial development. Uses should complement the uses allowed within
the CBD zoning district. All development requiring a conditional use permit in the MU
zoning district, as shown in section 8-2-3 of this chapter, shall occur under the PUD
and/or development agreement process in accordance with chapter 6 or 10 of this title
unless the proposed development does not meet the area requirements as set forth in
section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with
adjacent parcels (to meet the minimum area requirements), shall be encouraged.
Otherwise a conditional use permit shall be required unless the proposed use is shown as a
permitted use in the MU zoning district within section 8-2-3 of this chapter. Residential
densities shall not exceed twenty (20) dwelling units per gross acre. When a property is
being proposed for rezone to the MU zoning district a development agreement may be
utilized in lieu of the PUD and/or conditional use process if approved by the city council
provided the development agreement includes conditions of development that are required
during the PUD and conditional use process.
• Eagle City Code, Section 8-2-3 Schedule of District Use Regulations:
Multi-family dwellings are allowed by Conditional Use within the MU (Mixed Use)
zoning designation.
• Eagle City Code, Section 8-2-4 Schedule of Height and Lot Area Regulations:
Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Minimum
District Height Side Side Lot Area (Acres Lot
Covered Or Sq. Ft.) G Width I*
And H*
'MU 135' 120' 20' 17.5' 1 20' 150% 115,000 1150'
G. A decrease of minimum lot size in a subdivision may be allowed if there is an
offsetting increase of the same square footage in open space and a planned unit
development is applied for and approved.
• Eagle City Code, Section 8-2A Design Review Overlay District:
8-2A-1: General Applicability:
This article applies to all proposed development located within the design review
overlay district which shall include the entire city limits, and any land annexed
into the city after the date of adoption hereof. Such development includes, but is
not limited to, new commercial, industrial, institutional, office, multi-family
residential projects, signs, common areas, subdivision signage, proposed
conversions, proposed changes in land use and/or building use, exterior
remodeling or repainting with a color different than what is existing, exterior
restoration, and enlargement or expansion of existing buildings, signs or sites, and
requires the submittal of a design review application pursuant to this article and
fee as prescribed from time to time by the city council.
The following are specifically excluded from the requirements of the design
review overlay district: development of an individual single-family detached
Page 15 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
dwelling on a single parcel, an individual duplex (2 dwelling units), and an
individual town home consisting of a maximum of two(2)dwelling units.
8-2A-2: Purpose And Goals:
A. Purpose: The purpose of this article is to:
1. Recognize the interdependence of land values and aesthetics and to
provide a method by which the city may implement this interdependence
to the benefit of the community.
2. Encourage the development of private property in harmony with the
desired character of the city and in conformance with the guidelines
herein provided with due regard to the public and private interests
involved.
3. Provide planning and design guidelines to give specific direction for
downtown development, while allowing for flexibility that promotes
creative, market driven development proposals.
B. Goals: The general theme of the design review overlay district is to specify
desirable building and landscape architectural styles and materials to create a
sustainable and pleasing environment for residents and visitors alike. The
architectural designs, materials, and graphics set forth in this article are
compiled to create a theme unique to the area called "Eagle architecture".
8-2A-5: Design Review Overlay Districts; Eagle Architecture And Site Design Book
(EASD):
Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book
is to show,through the use of pictures and text, specific period architectural
styles,themes, and elements envisioned through the requirements of this article.
The EASD book, established through a resolution of the city council and as may
be amended through future resolution(s), contains all exhibits referenced in this
article and is incorporated herein by reference. However, exhibit A-1 may only be
modified through an ordinance amendment. The architecture styles found in the
EASD book are permitted styles. Architectural styles not shown within the EASD
book will not be considered. A copy of the EASD book is available at Eagle city
hall.
8-2A-7: Landscaped and Buffer Area Requirements:
C. Existing Vegetation:
1. Retention Of Existing Trees: Existing trees shall be retained unless
removal is approved in writing by the city. Where trees are approved by
the city to be removed from the project site(or from abutting right of
way)replacement with an acceptable species is required as follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
6 1/4 inches to 12 inches 1.5x caliper of tree removed
12 1/4 inches or more lx caliper of tree removed
Page 16 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
In all cases, planting within public rights of way shall be with approval
from the public and/or private entities owning the property.
Example: An eight inch (8") caliper tree is removed; an acceptable
replacement would be three (3)4-inch caliper trees or four(4) 3-inch
caliper trees.
2. Damage During Construction: Existing trees or shrubs that are retained
shall be protected from damage to bark, branches, or roots during
construction. Construction or excavation occurring within the drip line of
any public or private retained tree or shrub may severely damage the tree
or shrub. Any severely damaged tree or shrub shall be replaced in
accordance with subsection Cl of this section.
3. Grade Changes And Impervious Surfaces: Grade changes and impervious
surfaces shall be allowed at a distance from the trunk of a retained tree
equal to the diameter of the tree trunk plus six feet(6'), or to the drip line,
whichever is furthest from the trunk.
4. Minimum Landscaping: Existing vegetation which is to be retained may
be used to satisfy the minimum required landscaping.
J. Buffer Areas/Common Lots:
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 a common lot located
between the residential lots within the subdivision and the right of way
line of the adjacent roadway. This buffer is required as part of the
common area open space owned and maintained by a homeowners'
association. Any landscaping proposed to be within the public right of
way shall not be included as a part of the buffer area required below. The
height for berming/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway(measured at the
centerline)to the top of the proposed berming/fencing. The required
buffer area width, plantings, and fencing are as follows:
a. Any road designated as an urban or rural collector on the
transportation and pathway network plan in the Eagle comprehensive
plan:
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.
Page 17 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccfdoc
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.
O. Alternative Methods Of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to
inhibit creative solutions to land use problems. Under certain site
conditions, a strict interpretation of requirements may be either physically
impossible or impractical. Alternative compliance is a procedure that
allows certain modifications to existing regulations within this section.
Requests for use of alternative landscaping schemes are justified only
when one or more of the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil,vegetation, or other site conditions are such that full
compliance is impossible or impractical;
c. Due to a change of use of an existing site,the required bufferyard is
larger than can be provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must
provide the city with a written request if an alternative method of
compliance is proposed. The request shall state which requirement as set
forth within this section is to be modified,what project conditions stated
within subsection 01 of this section justify using the proposed alternative,
and how the proposed alternative equals or exceeds said requirement.
• Eagle City Code, Section 8-4-5 Schedule of Parking Requirements:
For the purpose of this title,the following space requirements shall apply:
RESIDENTIAL
Apartments or For each unit with 2 or more bedrooms-2 including 1
multi-family covered; for each 1 bedroom or studio unit- 1.5 including 1
dwellings covered. 0.25 spaces per unit shall be provided for guest
parking. Adjacent on street parking spaces on a local street
may be credited toward the guest parking requirement
Page 18 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccfdoc
• Eagle City Code, Chapter 6 Planned Unit Developments:
8-6-1: Purpose, Goals, and Objective:
A. Purpose: The purpose of this chapter is to establish clear development
standards that will achieve the city of Eagle's vision for development as
presented in the Eagle comprehensive plan. The standards will be designed to
create livable communities that provide exemplary open spaces and
recreational opportunities,that encourage a diversification of housing types,
styles and living options for a wide range of income levels and lifestyles, and
thereby enhance the living experience within the city of Eagle.
B. Goals: To provide guidance and establish expectations for development
within the city of Eagle. The PUD provides clear standards and options for
development within the city including lot sizing, open space and the
diversification of housing types.
C. Objective: To guide land development and construction through the planned
unit development(PUD)to achieve the following:
1. A maximum choice of living environments by allowing a variety of
housing and building types, lot dimensions,yards,building setbacks and
area requirements;
5. A development pattern in harmony with the objective for land use density,
transportation and community facilities as presented in the comprehensive
plan.
8-6-5-3
Underground utilities, including telephone and electrical systems, are required
within the limits of all PUDs. Appurtenances to these systems which can be
effectively screened may be exempted from this requirement if the commission
finds that such exemption will not violate the intent or character of the proposed
PUD.
8-6-5-5
C. PUDs located within one-fourth(1/4)mile of an arterial roadway, as
identified on the transportation and pathway network plan in the Eagle
comprehensive plan,may be permitted to design and construct up to fifteen
percent(15%)of the units within the development as multi-family/attached
units with the following specifications:
1. A favorable finding is made by the council that the attached units are
appropriately integrated into the overall design and that the building
product type is compatible with the PUD and surrounding area.
2. A maximum of six(6)units can be attached in a single housing group.
3. All attached units shall be located adjacent to common area open space.
4. Attached units shall be located within the portion of the development site
that is in closest proximity to the arterial.
Page 19 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
5. Design review approval is required for all attached units.
6. Height, area, and setback regulations for attached units shall be as follows:
Minimum Yard Setbacks Note Conditions A to E*
Maximum Front Rear Street Interior Side Minimum Minimum
Height Side (Outside Building Lot Area
Wall) Separation
35' 20' 25' 20' 10' 20' 2,000 square
feet per unit
*Note Conditions:
A. Additional 5 feet per story side setback for multi-story structures is required.
B. The street side setback may be reduced to 0 feet for buildings which are
separated from the street by a minimum 25 foot wide common area open
space lot.
C. The rear setback may be reduced to 12.5 feet for buildings on lots which are
separated from other lots by a minimum 25 foot wide common area open
space lot.
D. The rear setback may be reduced to 0 feet for buildings on lots which are
separated from other lots by a minimum 50 foot wide common area open
space lot.
E. The rear setback may be reduced to 12.5 feet for buildings with rear load
(alley) garages.
• Eagle City Code, Section 8-7-3-3 Public Sites and Open Spaces:
B. Natural Features: Existing natural features which add value to residential
development and enhance the attractiveness of the community(such as trees,
watercourses, historic spots and similar irreplaceable assets)shall be
preserved in the design of the 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.
D. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code, Section 9-1-6 defines Street as:
A right of way which provides access to adjacent properties,the dedication of which has
been officially accepted. The term "street" also includes the terms highway,thoroughfare,
parkway, road, avenue, boulevard, lane, place and other such terms.
Page 20 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccfdoc
• Eagle City Code, Section 9-3-1 Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions,
improvements and facilities done, constructed or made in accordance with said provisions
shall comply with the minimum design standards set forth in this chapter; provided,
however,that any higher standards adopted by any highway district,the Idaho
transportation department or health agency shall prevail over those set forth herein.
• Eagle City Code, Section 9-3-2 Streets and Alleys:
9-3-2-1: Location:
Street and road location shall conform to the following standards:
E. Public Alleys: Public alleys shall be provided in multiple dwelling or commercial
subdivisions unless other provisions are made for service access and off street
loading and parking. Dead end public alleys shall be prohibited in all cases.
• Eagle City Code, Section 9-3-6 Easements(A &C):
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines
and side lot lines. Total easement width shall not be less than twelve feet(12'),
except that lesser easement widths,to coincide with respective setbacks, may be
considered as part of the planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the
utility easement along side lot lines or as required by the city council. Total
easement width, including the utility easement, shall not be less than twelve feet
(12'), except that lesser easement widths,to coincide with respective setbacks,
may be considered as part of the planned unit development.
• Eagle City Code, Section 9-3-8 Public Sites and Open Spaces:
Public sites and open spaces shall conform to the following standards:
B. Natural Features: Existing natural features which add value to residential
development and enhance the attractiveness of the community(such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in
the design of the subdivision.
• Eagle City Code, Section 9-4-1 Improvements Required:
Every subdivider shall be required to install the following public and other improvements
in accordance with the following conditions and specifications.
9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonmotorized forms
of travel, and to provide safe, convenient and aesthetic alternative travel routes to
common destinations such as schools, parks, shopping centers, etc. The following
factors will be considered in the placement of any pathway: the utility and need
for a given pathway, impacts to existing neighborhoods, compliance with the
transportation/pathway network maps within the comprehensive plan,pathway
design as it relates to both crime prevention and function, and the responsibilities
of ownership, maintenance, and liability.
Page 21 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccfdoc
D. Pathway Design: While the city may exercise considerable discretion in
determining the design of pathways,the following minimum standards should be
followed:
1. The paved portion of the pathway may range from six feet(6')to ten feet(10')
in width. Micropathways within subdivisions which are designed for primary
use by the residences of the subdivision shall be a minimum eight feet(8')
wide and shall be located within a sixteen foot(16')wide pedestrian access
easement,however, in an area where low volume pedestrian traffic is
anticipated,the council may consider a reduction in pathway width to six feet
(6'). Regional pathways such as the Boise River greenbelt and pathways
located adjacent to major roadways shall be a minimum ten feet(10')wide
and shall be located within a twenty foot(20')wide pedestrian access
easement.
3. A five foot(5')wide landscaped area/building and fence setback, as measured
from both edges of the paved path, shall be required, and will be owned by
either the abutting property owner(s)or a homeowners'association unless
accepted by a public entity. The five foot(5')wide landscaped area on either
side of the pathway may be decreased to a minimum of two feet(2')wide(as
measured from the edge of asphalt to the easement line)when used in
conjunction with a meandering pathway, however,the total width of the
landscape area shall not be less than ten feet(10')(i.e.,2 feet on one side of
the path and 8 feet on the other). For safety purposes,planting material in this
area is limited to three feet(3') in height. The landscape, fence and building
regulations for this area shall be indicated by a note on the plat.
E. Responsibility: The following provisions are intended to provide guidance to
those entities that are responsible for construction,maintenance and/or liability for
a pathway. Installation costs,which may include construction of the paved path,
are the responsibility of the developer.
1. Homeowners'Association:
a.Pathway systems within a proposed subdivision providing access to
private common space and/or other amenities that are used solely by the
residents of a subdivision shall be the responsibility of the homeowners'
association.
b. Where the residents of a subdivision will be the primary beneficiaries
of a pathway, and,travel from adjoining neighborhoods will be minimal,
a homeowners'association may be required to take responsibility for that
path.
F. Sidewalk Design:
1. Sidewalks, a minimum five feet(5')wide, shall be required on both sides of
the street; except,that where the average width of lots, as measured at the
street frontage line or at the building setback line, is over one hundred feet
(100'), sidewalks on only one side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance
with the standards and specifications of the Ada County Highway District.
Page 22 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccfdoc
3. Sidewalks shall be separated from the edge of the abutting roadway and/or
back of curb by a minimum five-foot(5')wide landscape strip. The landscape
strip shall be completed with sod, automatic irrigation, and planted with 3-
inch minimum caliper shade-class trees along all streets within the
subdivision. Installation of landscaping shall be in accordance with Section
8-2A-7 of this Code.
9-4-1-7: Bicycle Pathways:
A bicycle pathway shall be provided within all subdivisions as part of the public
right of way or separate easement, as may be specified by the city council.
9-4-1-8: Underground Utilities:
Underground utilities are required.
9-4-1-9: Water Supply and Sewer Systems:
A. Construction; Extension: All public water supply or sewer systems (serving 2
or more separate premises or households) shall be constructed in accordance
with any adopted local plans and specifications. All new public water supply
or sewer systems shall be an extension of an existing public system whenever
possible. In the event that the proposed public water supply or sewer system
is not an extension of an existing public system, there shall be a showing by
the subdivider that the extension is not feasible and not in the best interest of
the public.
B. Approval Of Plans: All water and sewer plans shall be submitted to the Idaho
department of health and welfare or its authorized agent for approval in
accordance with the provisions of section 50-1326, Idaho Code.
9-4-1-10: Storm Drainage,Flood Controls:
A. Adequate Storm Drainage System: An adequate storm drainage system to
accommodate storm water runoff from the public rights of way shall be
required in all subdivisions. The requirements for each particular subdivision
shall be established by the Ada County highway district and/or the Idaho
transportation department, and construction shall follow the specifications and
procedures established by said Ada County highway district or Idaho
transportation department.
H. Storm Drainage Retention Facilities: On site retention or partial on site
retention of storm drainage from new developments is required in any case
where, due to development activity, such drainage would be increased either
in peak flow rate or in total quantity from that previously discharged from the
land or property being developed. Complete retention is required in all cases
except those where: 1)runoff flows directly, without crossing intervening
property, into an existing drain ditch or other drainage facility that is operated
and maintained by a drainage receiver, and 2) such drainage receiver agrees,
as evidenced by valid and binding public document,to receive a certain
definite quantity of storm drainage from the development. Retention on site
of any drainage not so accepted by a drainage receiver or of any drainage in
excess of the quantity accepted by a drainage receiver is a duty of the current
property owner at any time.
Page 23 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
9-4-1-11: Fire Hydrants and Water Mains:
Adequate fire protection shall be required in accordance with the appropriate fire
district standards.
9-4-1-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be
required for the protection of residential properties from streets classified as collectors,
arterials, freeways/expressways, waterways, railroad rights of way or other features.
Subdivision plats shall show the location of all buffer areas.
• Eagle City Code, Section 9-5-1 Purpose and Summary of Provisions:
The purpose of this chapter is to identify various types of developments that normally
pose special concerns to the elected officials when reviewing and acting upon
subdivision requests. This chapter outlines the plan submittal requirements and
design standards that shall be taken into consideration when acting on special
developments.
• Eagle City Code, Section 9-5-2, Supplementary Provisions:
The provisions of this chapter are in addition to the plan requirements, design
standards and improvement standards that are required by chapters 2, 3, and 4 of this
title.
• Eagle City Code, Section 9-5-4,Planned Unit and Condominium Subdivisions:
9-5-4-1 Application of Provisions:
In addition to the requirements of this chapter, planned unit and condominium
developments shall also be subject to requirements set forth in title 8 (zoning), title 10
(flood control), and title 8, chapter 2, article A (DR design review overlay district) of
this code.
9-5-4-2 Site Development Plan:
The developer shall provide a colored rendering to adequate scale to show the
completed development that will include at least the following:
A. Architectural style and building design;
B. Building materials and color;
C. Landscaping;
D. Screening;
E. Garbage areas;
F. Parking; and
G. Open space.
9-5-4-3 Site and Structure Requirements:
C. Storage Areas: Storage areas may be provided for the anticipated needs of boats,
campers and trailers. For typical residential development, one adequate space
should be provided for every two(2) living units. This may be reduced by the city
council if there is a showing that the needs of a particular development are less.
Page 24 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub cc£doc
In lieu of providing an on site storage area,the subdivider shall include provisions
within the subdivision CC&Rs that prohibit the outdoor storage of boats, campers,
recreational vehicles, and trailers and otherwise direct that all such items are to be
stored off site.
D. Parking Spaces: One additional parking space beyond that which is required by
title 8, "Zoning", of this code,may be required for every three(3)dwelling units
to accommodate visitor parking.
E. Maintenance Building: A maintenance building shall be provided of such size and
in such location as is suitable for the service needs that are necessary for the repair
and maintenance of all common areas.
In lieu of providing an on site maintenance building, the subdivider shall include
provisions within the subdivision CC&Rs that require all subdivision common
area open space maintenance to be completed though the use of a landscape
maintenance firm with facilities located outside the boundaries of the subdivision.
F. Open Space: The location of open space shall be appropriate to the development
and shall be of such shape and area to be usable and convenient to the residents of
the development.
E. DISCUSSION:
• The 2007 Comprehensive Plan Land Use Map designates this site as High Density
Residential. The applicant is proposing fifty-four (54) residential units (thirty-three (33)
single-family residential units, nineteen (19) multi-family [contained within two (2)
buildings] and one (1) duplex) with an overall density of 5.64 dwelling units per acre.
The applicant is requesting an MU-DA (Mixed Use with development agreement) zoning
designation which allows up to ten (10) dwelling units per acre. The applicant is
proposing single-family detached residential lots south of Escalante Street and a duplex,
triplex, and a sixteen (16) unit multi-family condominium building to be located on the
three(3)buildable lots north of Escalante Street.
Residential dwellings require a conditional use permit within the MU (Mixed Use) zoning
designation. Developments requiring a conditional use permit in the MU zoning district,
as shown in Eagle City Code Section 8-2-3, shall occur under the PUD and/or
development agreement process in accordance with chapter 6 or 10 of Eagle City Code.
The applicant is proposing a development agreement in lieu of a Planned Unit
Development (PUD) for this development; therefore the associated PUD findings and
conditions will be placed within the rezone findings and associated development
agreement.
• The preliminary plat date stamped by the City on September 19, 2007, shows 3.61 acres
located within nine (9) common lots as open space. The applicant is required to provide
2.78 acres of open space to account for the offsetting increase of open space for the lots
within the development that do not meet the minimum lot size of 5,000 square feet in the
MU (Mixed Use) zone. The common area (Lot 7, Block 1) where the Middleton Mill
Canal is located is encumbered with a one hundred foot(100')wide canal easement on the
northern portion of the lot, a one hundred foot (100') wide building setback from State
Highway 44 on the southern lot line, and a seventy-five foot (75') wide landscaped buffer
north of the building setback. The preliminary plat also shows a bridge across the
Middleton Mill Canal providing the only access to Lot 7, Block 1, (for active recreation)
Page 25 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
south of W. Langtree Drive. The bridge should be eight feet (8') in width to match the
adjacent pathway to the north. Due to the aforementioned easements and bridge, there is
approximately .82 acres of open space for recreational activities south of the Middleton
Mill Canal.
Jerry Kiser representing the Middleton Mill Ditch Company and Middleton Irrigation
Association provided correspondence (by fax) date stamped by the City on January 29,
2008, requesting the City place a condition on the preliminary plat requiring the
owner/developer obtain a written agreement with the canal company prior to receiving
final plat approval. The calculated open space includes the canal easement of
approximately 1.3 acres and in the event the canal company does not permit landscaping
within their easement, this area will not be counted in the open space calculation.
Therefore, the open space requirement will be approximately 0.50 acre below the
minimum of 2.78 acres. The applicant should provide a letter from the entity with
jurisdiction over the Middleton Mill Canal regarding approval of any landscape
improvements or tiling of the ditch that runs westerly through the property or provide a
revised preliminary plat showing the required open space that does not include the canal
easement area prior to submitting a final plat application.
• Pursuant to Eagle City Code unobstructed utility and drainageway easements shall be
provided along front lot lines, rear lot lines and side lot lines. Total easement width shall
not be less than twelve feet (12'), except that lesser easement widths, to coincide with
respective setbacks, may be considered as part of the planned unit development. The
Cover Sheet (CO1) of the preliminary plat date stamped by the City on September19,
2007, designates the following easement widths:
Plat note #2 designates that Lots 1-7, Block 2, and Lots 1-8, Block 3 shall have a five foot
(5') front public utility easement. The buildable lots within Block 2 and Block 3 are
fronted by open space lots. The front public utility easement on these lots should have a
total easement width of twelve feet (12') in width to be shared between the buildable lot
and the open space lot. The plat note also states that the lots shall have a three foot (3')
side public utility easement. To encourage attached units within these blocks the applicant
should provide a revised preliminary plat noting and showing the front easements of Lots
1-7, Block 2, and Lots 1-8, Block 3, to be a total of twelve feet(12') in width (and noting
there are no interior side lot line easements), prior to submitting a final plat application.
Plat note #4 designates that the front public utility easement for Lot 2, Block 5, shall be
placed within the common lot, Lot 1, Block 5, adjacent to the property line. The note
further states that Lot 2, Block 5, shall have a ten foot (10') rear public utility easement.
Lot 2, Block 5, is fronted by W. Larksdale Street therefore, the front utility easement
should be twelve feet(12') in width adjacent to the street and the rear easement should be
a total of twelve feet(12') in width to be shared between Lot 1&2, Block 5. The applicant
should provide a revised preliminary plat noting and showing the front public utility
easement(adjacent to W. Larksdale Street)to be twelve feet(12')wide and the rear public
utility easement (adjacent to Lot 1, Block 5) to be a total of twelve feet (12') in width.
The revised preliminary plat should be provided prior to submitting a final plat
application.
Plat note#5 designates all lots common to a public right-of-way shall have a 12' foot wide
public utility easement except for Lot 1, Block 2; Lot 1, Block 3; and Lot 2, Block 5. The
applicant should provide a revised preliminary plat removing the language"Lot 2, Block
5", from note#5 prior to submitting a final plat application.
Page 26 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
Plat note #9 designates the drainage, irrigation, and public utility easements along the
exterior boundary to be ten feet (10') in width. All easements adjacent to the exterior
boundaries should be twelve feet in width. The applicant should provide a revised
preliminary plat noting and showing the easement adjacent to the exterior boundary to be
twelve feet(12') in width prior to submitting a final plat application.
• Plat note #10 designates the building setbacks lines as those approved by the PUD
Number: . The setbacks will be as approved within the development agreement for
rezone number RZ-22-07. Add a note to the final plat which states that, "Minimum
building setback lines shall be in accordance with the setbacks as set forth in the
conditions of the development agreement for RZ-22-07 at the time of issuance of a
building permit.
• The preliminary plat date stamped by the City on September 19, 2007, shows the property
is bordered to the south by a principal arterial (State Highway 44) and a residential
collector (Escalante Drive) located in the northern portion of property. The plat notes do
not state that buildable lots should not have direct access to these two roads. The
applicant should provide a revised preliminary plat with a plat note stating that buildable
lots should not have direct access to either State Highway 44 or Escalante Drive prior to
submitting a final plat application.
• The applicant's narrative date stamped by the City on September 19, 2007, indicates that
they are requesting an alternative method of compliance for the required buffer adjacent to
Escalante Drive. The applicant states that the buildable area of the property is severely
limited because of the pre-determined location of Escalante Drive on the northern portion
of the property and the location of Middleton Mill Canal on the southern portion of the
property. Also, due to the design of the project a berm/wall will create a visual barrier
from the front of the lot to the street. The planting plan (L1), date stamped by the City on
September 19, 2007, shows thirty-five foot (35') wide common lots (buffer area) located
adjacent to W. Escalante Street (a residential collector). Pursuant to Eagle City Code, 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 applicant should provide a revised
planting plan with a cross section showing the required berming and/or wall combination
or submit an Alternative Method of Compliance Request Form at the time a Design
Review application is submitted.
• The City Forester visited the site on January 18, 2007, to appraise the existing trees on the
site. The tree valuation of $158,300.00 does not take into account which trees are to
remain and which trees are to be removed. Note #23 on the cover sheet (C01), date
stamped by the City on September 19, 2007, reads: Per Julie Lafferty, City of Eagle
Forester, only 18 trees have been determined to be "of value". Design intent is to preserve
those 18 trees"as is".
The applicant should provide a revised preliminary plat with note #23 removed prior to
submitting a final plat application. The applicant should also provide a tree plan showing
location, trunk size, canopy diameter, trees to remain, and trees to be removed in relation
to the proposed dwelling units, streets, private alleys, and relocation of the Middleton Mill
Canal, to be reviewed and approved by the City Forester prior to submitting a Design
Review application. The applicant should work with the City Forester regarding the
removal and replacement of the existing trees at the replacement size as required pursuant
to Eagle City Code or provide compensation to the City Tree Fund at a valuation rate to be
determined by the City Forester and approved by the City Council prior to the City Clerk
Page 27 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
signing the final plat.
• The cover sheet (C01), date stamped by the City on September 19, 2007, plat note #13
reads as follows: "Fire protection will be provided in accordance with the City of Eagle
Fire Department. All alleys and driveways are considered to be fire lanes." The applicant
should provide a revised preliminary plat with plat note #13 amended to read: "Fire
protection will be provided in accordance with the Eagle Fire Department", prior to
submitting a final plat application.
• The applicant is proposing the following setbacks and lot coverage:
Lots 2-20,Block 1 (Single-family dwellings)
Front 15 feet
Rear 15 feet
Interior Side 5 feet(with no additional
setback for multi-story)
Lots 1-7, Block 2 and Lots 1-8, Block 3 (Single-family dwellings)
Front 5 feet
Rear 7.5 feet
Interior Side 3 feet(with no additional
setback for multi-story)
Lots 2, Block 4 and Lot 2, Block 6
Front 20 feet
Rear 20 feet
Interior Side 7.5 feet(with no additional
setback for multi-story)
Lot 2, Block 5 (Multi-family dwelling)
Front 15 feet(adjacent to common
lot)
Rear 10 feet(adjacent to street)
Interior Side 10 feet(adjacent to street)
Maximum Building Height: 35 feet
The applicant is proposing three foot(3')wide setbacks for the interior lot lines for Lots 1-
7, Block 2, and Lots 1-8, Block 3. However, the applicant has not addressed the street
side setbacks for these two blocks. Pursuant Eagle City Code the street side setback in the
MU (Mixed Use) zone is twenty feet (20'). The interior side setbacks of lots located on
Block 2 and Block 3 should be zero feet(0')to encourage attached units to meet the intent
of the Comprehensive Plan. Pursuant Eagle City Code the rear setback for alley loaded
units should be a minimum of 12.5 feet. Also, the maximum coverage on these lots
should be up to seventy percent(70%).
The applicant proposed setbacks on Lot 2, Block 5, are not correctly designated as to front
and rear. The applicant has indicated that the front of the lot is adjacent to Lot 1,Block 5,
which is the common lot adjacent to W. Escalante Drive. This lot is fronted by W.
Page 28 of 45
K:U'lanning Dept\Eagle Applications\SUBS\2007 Langtree Sub ccfdoc
Larksdale Street to the north. Therefore,the front setback should be from W. Larksdale
Street and the rear setback should be from the property line adjacent to Lot 1, Block 5.
Staff recommends the following setbacks:
Lots 2-20, Block 1 (Single-family dwellings)
Front 20 feet (measured from back of
sidewalk)
Rear 20 feet
Interior Side 5 feet(additional 2.5 feet
setback for multi-story)
Maximum Building Height: 35 feet Maximum Lot Coverage 50%
Lots 1-7, Block 2 and Lots 1-8,Block 3
Detached units
Front 5 feet
Rear 12.5 feet
Side(Interior) 3 feet(single story only)
Side(Street) 10 feet
Attached units
Front 5 feet
Rear 12.5 feet
Side(interior)(outside wall) 5 feet
Side (Street) 10 feet
Minimum Building Separation 10 feet
Units to be single story only not to exceed 25 feet in height
Maximum Lot Coverage 70%
Lots 2, Block 4 (Triplex dwelling)and Lot 2, Block 6 (Two-family dwelling)
Front 20 feet
Rear 20 feet
Interior Side 7.5 feet(with no additional
setback for multi-story)
Lot 2, Block 5 (Multi-family dwelling)
Front(adjacent to Larksdale St.) 15 feet
Rear 10 feet
Side 10 feet(adjacent to street)
Maximum Building Height: 35 feet Maximum Lot Coverage 70%
• Although the preliminary plat date stamped by the City on September 19, 2007, shows an
area for guest parking located on N. Lornsford Avenue within Block 2, the proposed front
setback of fifteen feet (15') for the lots located on Block 1 does not provide sufficient
Page 29 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doe
room for residents to park a vehicle in the driveway without extending over the sidewalk.
The applicant is proposing the local street with a twenty nine foot (29') wide travel way
(measured from back of curb to back of curb). The local street cross section provided on
the preliminary plat does not indicate on street parking. The applicant should provide a
revised street section showing the local street section to have two (2) ten foot (10') wide
thru lanes and an eight foot(8') wide park lane on one side of the roadway. The applicant
should also provide a letter from Eagle Fire Department approving the twenty nine foot
(29') wide street (measured from back of curb to back of curb) prior to submitting a final
plat application. The preliminary plat also shows a twenty foot (20') wide irrigation
easement located adjacent to the rear lot line of Lots 14-20, Block 1. The proposed rear
setback of fifteen feet (15') on these lots will encroach into the irrigation easement. The
rear setback for Lots 2-20, Block 1, should be twenty feet(20').
The street section for a local street section shows attached sidewalks which are not
permitted pursuant Eagle City Code. The applicant should provide a revised preliminary
plat and a revised local residential street section showing five foot (5') wide sidewalks
separated by an eight foot (8') wide planter strip adjacent to the back of curb prior to
submitting a design review application.
• The preliminary plat date stamped by the City on September 19, 2007, does not show a
parking area for guests in close proximity of the multi-family units north of W. Escalante
Drive. The applicant indicated within the narrative that one (1) building is proposed as a
triplex and the other multi-family building is proposed as a sixteen (16) dwelling unit
building. Pursuant to Eagle City Code multi-family units are required to have .25 parking
spaces per unit for guest parking. These units will be required to have five (5) parking
spaces for guest parking. Pursuant to Eagle City Code adjacent on street parking spaces
on a local street may be credited toward the guest parking requirement. The applicant
should provide a revised preliminary plat showing the local street section to have two (2)
ten foot (10') wide thru lanes and an eight foot (8') wide park lane on one side of the
roadway prior to submitting a final plat application.
• Due to the location of the Middleton Mill Canal, a 404-Permit may be required by the
Army Corp of Engineers for development in the area. The applicant should provide
documentation from the Army Corps of Engineers regarding the requirement of a 404-
Permit prior to submitting application for final plat approval.
• The preliminary plat date stamped by the City on September 19, 2007, shows the
residential collector (Escalante Drive) to be constructed as a fifty foot (50') wide street
section with ten and one-half foot(10.5')wide planter strips. Escalante Drive, constructed
within the proposed Eaglefield Estates Subdivision is fifty feet (50') wide (as measured
from back of curb to back of curb) with landscape islands in the center of the street.
ACHD is requiring Escalante Drive to be constructed either as a thirty three foot (33')
wide or thirty six foot(36') wide residential collector with vertical curb, gutter, and a five
foot (5') wide detached sidewalk within forty two foot(42') of right-of-way. It should be
noted that if the street is constructed at the thirty three foot (33') width that a portion of
the drainage swales and the detached sidewalks will be located outside of the right-of-way
pursuant to ACHD's policy manual. In conversation with Coby Harrod of the Ada County
Highway District the drainage swales are required to be located within the right-of-way.
In order to continue the street section previously constructed in Eaglefield Estates the
applicant should provide a revised preliminary plat showing the street section for the
residential collector with a thirty three foot (33') wide travel area (measured from back of
curb to back of curb) located within a fifty foot(50')wide right of way not a forty two foot
Page 30 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccfdoc
(42') of right-of-way. The applicant should also provide a copy of the recorded public
access easement to ACHD for the sidewalks located outside of the right of way prior to the
City Clerk signing the final plat.
• The 2000 Eagle City Comprehensive Plan Transportation/Pathway Network Map #1 of 2
shows a pathway adjacent to the north side of State Highway 44. The pathway adjacent to
State Highway 44 shall be reviewed and approved by the Eagle Parks and Pathway
Development Committee and the Eagle Design Review Board prior to submitting a final
plat application.
• The preliminary plat date stamped by the City on September 19, 2007, shows the internal
pathways to be six feet(6') in width. Pursuant to Eagle City Code, micro pathways within
subdivisions are to be a minimum of eight feet (8') in width. The applicant should
provide a revised preliminary plat showing internal pathways to be a minimum of eight
feet(8') in width prior to submitting a design review application.
• Eagle City Code Section 8-2A requires commercial, retail and attached housing (multi-
family housing exceeding two units) to comply with the design criteria as set forth in the
Eagle Architecture and Site Design Book. The applicant should submit all building
elevations of the multi-family units to be approved by the Design Review Board and the
Eagle City Council prior to the City issuing a building permit.
• ECC Section 9-5-4-3 (C) requires that storage areas be provided for the anticipated needs
of boats, campers, and trailers. The applicant has not specified how the storage of boats,
campers, and trailers will be accommodated, whether in a centrally located, screened
enclosure, or upon each individual lot. Pursuant to Eagle City Code, in lieu of providing
an on site storage area, the applicant may provide provisions within the subdivision
CC&R's that prohibits the storage of boats, campers and trailers on-site. The applicant
should provide a provision within the subdivision CC&Rs prohibiting the storage of boats,
campers, and trailers on site. The subdivision CC&R's should be submitted for review
and approval by staff and the city attorney at the time of submitting a final plat
application.
• ECC Section 9-5-4-3 (E) requires that a maintenance building be provided of such size
and in such location as is suitable for the service needs that are necessary for the repair
and maintenance of all common areas. However, the applicant has not provided
information as to whether a maintenance building will be constructed on site or whether
an outside contractor will be hired by the homeowner's association to maintain and service
the common areas. Pursuant to Eagle City Code in lieu of providing an on site
maintenance building the applicant may provide a provision within the subdivision
CC&R's that requires all subdivision common area open space maintenance to be
completed through the use of a landscape maintenance firm with facilities located outside
the boundaries of the subdivision. The subdivision CC&R's should be submitted for
review and approval by staff and the city attorney at the time of submitting a final plat
application.
• The existing power utilities to the site are located overhead. Pursuant to Eagle City Code,
underground utilities are required. The applicant should be required to place all utilities
underground prior to the City Clerk signing the final plat.
Page 31 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub cc£doc
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Annexation,
Rezone with a development agreement, and Preliminary Plat with conditions as provided within
the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 19, 2007, the Commission continued the item to December 17, 2007, at which time the
applications were remanded to staff until further notice. The applications were re-noticed and came
before the Eagle Planning and Zoning Commission for their consideration on February 4, 2008. The
Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one(not including the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 4 to 1 (McCarrel against) to recommend approval of A-15-07 and RZ-22-
07 for an annexation and rezone from RUT to MU-DA with conditions of development to be
placed in a development agreement as provided within their findings of fact and conclusions of
law document, dated February 25, 2008.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 1 (McCarrel against) to recommend approval of PP-15-07 for a
preliminary plat for Langtree Subdivision with the site specific conditions of approval and
standard conditions of approval provided within their findings of fact and conclusions of law
document, dated February 25,2008.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on April 8, 2008, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council from no one(other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented by no one.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE:
The Council voted 3 to 1 (Shoustarian against) to approve A-15-07 and RZ-22-07 for an
annexation and rezone from RUT to MU-DA, with the following Planning and Zoning
Commission recommended conditions to be placed within a development agreement:
CONDITIONS TO BE PLACED IN A DEVELOPMENT AGREEMENT:
3.1 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding design
Page 32 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
review, preliminary and final plat reviews, condominium plat reviews and/or any conditional use
permits, if applicable, and any other applicable applications as may be required by the Eagle City
Code, which shall comply with the Eagle City Code, as it exists at the time such applications are
made except as otherwise provided within this Agreement.
3.2 The Concept Plan(Exhibit B)date stamped by the City on January 22, 2008, represents the
Owner's current concept for completion of Langtree Subdivision. As the Concept Plan evolves,
the City understands and agrees that certain changes in the concept may occur. If the City
determines that any such changes require additional public comment due to potential impacts on
surrounding property or the community, a public hearing shall be held on any proposed changes in
the Concept Plan, notice shall be provided as may be required by the City.
3.3 The following uses which are shown as "C" conditional uses under the MU zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations,"shall be the only
permitted uses on the Property:
• Multi-family dwelling
• Single-family dwelling
• Two-family dwelling
3.4 All multi-family dwellings shall be designed in compliance with Eagle City Code Section 8-2A.
Permitted architecture styles are specifically those shown within the Eagle Architecture and Site
Design Book (EASD Book). Architecture styles and building design elements that are not shown
with the EASD Book will not be permitted. The design of the multi-family dwellings shall be
reviewed and approved by the Design Review Board and City Council prior to the City issuing a
building permit. The single-family dwellings shall be constructed utilizing"
Craftsman/Americana" style architecture. Commercial/retail buildings, multi-family residential
condominiums (Exhibit"E").
3.5 The single-family dwellings shall be constructed in substantial conformance to "Craftsman" style
architecture as shown in Exhibit "B". The multi-family residential dwelling shall be constructed
in substantial conformance to"Craftsman" style architecture as shown in Exhibit"C".
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&R'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 first final plat.
The submittal of the building permit application to the City for each structure within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not be
accepted.
To assure compliance with the conditions of approval herein,the City reserves the right to deny, at
its discretion, any building permit application that does not substantially conform to the design
requirements as shown on the Exhibits " 93
3.6 The applicant shall submit a Design Review application for the site(as required by Eagle City
Code) and shall comply with all conditions required by the City of Eagle as a part of the Design
Review prior to submitting a final plat application.
3.7 Development of the Property will be permitted through the Design Review process and future
conditional use permits for the residential development will not be required excluding any height
exceptions that may be requested. Height exceptions shall require a conditional use permit.
Page 33 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
3.8 The conditions, covenants, and restrictions for the Property shall contain at least the following:
(a) The association(s) shall have the duty to maintain and operate all of the common landscape
areas in the subdivision in a competent and attractive manner, including the watering, mowing,
fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity.
(b) Parking shall only be allowed in the designated parking areas or in the garage units of the
residential dwellings.
(c) A provision prohibiting the storage of boats, campers, and trailers on site.
(d) Common area open space maintenance shall be completed through the use of a landscape
maintenance firm with facilities located outside the boundaries of the subdivision.
3.9 The applicant shall place a note on the final plat that all common areas are to be owned and
maintained by the Home Owners Association(s) for the development. The applicant shall provide
a copy of the CC&Rs (which shall include a similar statement regarding the common areas) for
review and approval by the City attorney prior to the approval of a final plat.
3.10 The Setbacks shall be as follows:
Lots 2-20, Block 1 (Single-family dwellings)
Front 10 feet (measured from back of
sidewalk)
15 feet(to garage foundation
measured from back
of sidewalk)
Rear 20 feet(Lots 2-6, Block 1)
15 feet(Lots 8-20, Block 1)
Interior Side 5 feet
Maximum Building Height: 35 feet Maximum Lot Coverage 50%
Lots 1-7,Block 2 and Lots 1-8, Block 3
Detached units
Front 5 feet
Rear 10 feet
Side(Interior) 3 feet(single story only)
Side(Street) 10 feet
Attached units
Front 5 feet
Rear 10 feet
Side(interior)(outside wall) 5 feet
Side(Street) 10 feet
Minimum Building Separation 10 feet
Maximum Lot Coverage 70%
Page 34 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
Lots 2, Block 4 and Lot 2, Block 6
Front 20 feet
Rear 20 feet
Interior Side 7.5 feet(with no additional
setback for multi-story)
Lot 2, Block 5 (Multi-family dwelling)
Front(adjacent to Larksdale St.) 15 feet
Rear 10 feet
Side 10 feet(adjacent to street)
Maximum Building Height: 35 feet Maximum Lot Coverage 70%
3.13 As required by Title 6, Chapter 5, Eagle City Code, the Property shall become part of the City of
Eagle's municipal water system. All water mains to be dedicated to the public shall only be
constructed on rights of way, easements, or publicly owned property. Easements or permits
secured for the main extension shall be obtained in the name of the City, along with all rights and
title to the main at the time of service is provided to the customer paying for the extension. Water
mains shall be extended by the applicant as designated by the City Engineer where future water
system extensions are expected to occur. The developer shall enter into a "Memorandum of
Agreement"to provide sufficient water to Langtree Subdivision in compliance with and consistent
with the intent of Title 6, Chapter 5 of Eagle City Code prior to adoption of an ordinance of
annexation.
3.14 The owner shall remove all structures (houses, barns, sheds, etc.) from the site prior to the City
Clerk signing the final plat. Demolition permits shall be obtained prior to the removal of said
structures and approval permits for the removal of the existing well and septic prior to submittal of
a final plat application.
COUNCIL DECISION REGARDING THE PRELINIINARY PLAT:
The Council voted 3 to 1 (Shoustarian against) to approve PP-15-07 for a preliminary plat for
Langtree Subdivision with the following Planning and Zoning Commission recommended site
specific and standard conditions of approval with underline text to be added by the Council and
strike-through text to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-22-07.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
4. Provide documentation from the Army Corps of Engineers regarding the requirement of a 404-
Permit prior to submittal of a final plat application. Should a 404-Permit be required a copy of the
final approval from the Army Corps of Engineers shall be required prior to submittal a final plat
application.
5. 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 Army Corps of Engineers,
Page 35 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccfdoc
Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if
applicable), Ada County, and any other appropriate governmental agencies, 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 rules and regulations pertaining to regulated
wetlands.
6. The applicant shall provide documentation from Eagle Sewer District approving the final sewer
construction plans prior to submittal of a final plat application.
7. Provide a revised preliminary plat showing internal pathways to be a minimum of eight feet(8') in
width prior to submittal of a final plat application.
8. Provide a revised preliminary plat noting and showing the easements to be twelve feet(12') in
width adjacent to the exterior boundary of the subdivision prior to submittal of a final plat
application.
9. Provide a revised preliminary plat noting and showing the front easements of Lots 1-7, Block 2,
and Lots 1-8, Block 3,to be a total of twelve feet(12') in width and noting there shall be no
interior side lot line easements prior to submittal of a final plat application.
10. Provide a revised preliminary plat noting and showing the front public utility easement(adjacent to
W. Larksdale Street)to be twelve feet(12')wide and the rear public utility easement(adjacent to
Lot 1, Block 5)to be a total of twelve feet(12') in width. The revised preliminary plat shall be
provided prior to submittal of a final plat application.
11. Provide a revised preliminary plat with the language"Lot 2,Block 5",removed from note#5,
prior to submitting a final plat application.
12. Add a note to the final plat which states that, "Minimum building setback lines shall be in
accordance with the setbacks as set forth in the conditions of the development agreement for RZ-
22-07.
13. Provide a revised preliminary plat with a note stating that buildable lots shall not have direct
access to either State Highway 44 or Escalante Drive, prior to submittal of a final plat application.
14. Provide a revised preliminary plat showing the street section for a local minor road to have two(2)
ten foot(10')wide thru lanes and an eight foot(8')wide park lane on one side of the roadway, and
five foot(5')wide detached sidewalks separated by an eight-foot(8')wide planter strip located
adjacent to the back of curb. The applicant shall also provide a letter from Eagle Fire Department
approving the twenty-nine foot(29')wide street(measured from back of curb to back of curb),
prior to submittal of a design review application.
15. Provide a revised preliminary plat showing a revised street section for the residential collector
(extension of Escalante Drive) with a thirty-three foot (33') wide travel area(measured from back
of curb to back of curb) located within a fifty foot (50') wide right-of-way, prior to submittal of a
final plat application.
16. Provide a copy of the recorded public access easement to ACHD for the sidewalks located outside
of the right-of-way prior to the City Clerk signing the final plat.
17. The applicant shall meet with the City's Park and Pathway Development Committee for a
recommendation of the location and construction requirements for the pathway adjacent to State
Highway 44 prior to submitting a design review application. Applicant shall provide and
construct, in accordance with the provisions of Eagle City Code Section 9-4-1-6, a minimum ten
foot(10')wide asphalt public pathway along the portion of the Property adjacent to State Highway
44. The specific location and design of the pathway shall be approved by the City of Eagle Park
and Pathway Development Committee prior to submittal of a design review application. The
Page 36 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccfdoc
asphalt pathway shall be located in a recorded easement or easements dedicated to and accepted by
Eagle as provided in Eagle City Code Section 9-4-1-6(E) (2). The instrument number of the
recorded easement or easements shall be referenced on the face of the plat for Langtree
Subdivision, upon recordation of the plat(s)wherein the pathway is located.
18. Provide a revised planting plan with a cross-section showing the required berming and/or
wall/berm combination or submit an Alternative Method of Compliance Request Form for the
required berming and/or wall/berm combination adjacent to Escalante Drive at the time of
submittal of a design review application.
19. The applicant shall submit a design review application showing proposed subdivision signage and
a landscape plan showing perimeter fencing (if proposed), street trees, common area landscaping,
and berming, fencing, and planting details for review and approval by the Design Review Board
prior to submittal of a final plat application.
20. 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 generally at each side property line and
the drive aisles, or as approved by the Design Review Board. The trees shall be located in an 8-
foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Prior to the
City Clerk signing the final plat the applicant shall either install the required trees, sod, and
irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all
landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy
permits for the dwelling units. A temporary occupancy may be issued if weather does not permit
landscaping.
21. Provide a revised preliminary plat removing note#23,prior to submittal of a final plat application.
22. Provide a tree plan showing tree location, trunk size, canopy diameter, trees to remain, and trees
proposed to be removed in relation to the proposed dwelling units, streets, private alleys, and
relocation of the Middleton Mill Canal. The plan is to be reviewed by the City Forester prior to
submittal of a design review application.
23. All living trees 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.
24. Provide a revised preliminary plat with plat note #13 amended to read, "Fire protection will be
provided in accordance with the Eagle Fire Department", and prior to submittal of a final plat
application.
25. Provide a letter written approval from the entity with jurisdiction over the Middleton Mill Canal
regarding approval of any encroachments, landscape improvements or tiling of the ditch that runs
westerly through the property or provide a revised preliminary plat showing the required open
space that does not include the canal easement area prior to submittal of a final plat application.
26. In lieu of providing an on-site storage area for boats, campers and trailers, the developer shall
provide a copy of the subdivision CC&R's showing the prohibition of the storage of recreational
vehicles, utility trailers, etc. within the development for review by staff and the City Attorney prior
to submittal of a final plat application.
Page 37 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
27. In lieu of providing a maintenance building on-site, the developer shall provide justification on
how the maintenance of the common areas will be handled without the need of a maintenance
building. The CC&R's shall show that the common areas shall be maintained by a contracted
property/landscaping company and submitted for review by staff and the City Attorney prior to
submittal of a final plat application.
28. The applicant shall provide a license agreement from ACRD approving the landscaping located
within the public rights-of-way abutting and within this site, prior to the City Clerk signing the
final plat.
29. Any overhead utilities and existing poles serving the existing dwelling and accessory structures
shall be removed and placed underground prior to the City Clerk signing the final plat.
30. Place a note on the final plat which states that the subdivision shall comply with Idaho Code
Section 31-3805 concerning irrigation water.
31. The applicant shall provide a copy of the CC&Rs stating that the Langtree Subdivision shall
remain under the control of one Homeowners Association at the time of submittal of a final plat
application.
32. The applicant shall place a note on the final plat that states that all common lots are to be owned
and maintained by the Langtree Homeowner's Association. The applicant shall provide a copy of
the CC&Rs which include a similar statement regarding the common lots for review and approval
prior to submittal of the final plat.
33. The applicant shall provide CC&Rs that state that the Langtree Homeowner's Association shall
have the duty to maintain the pressurized irrigation system and that all common landscape areas in
the subdivision are maintained in a competent and attractive manner, including the watering,
mowing, fertilizing and caring for shrubs and trees in perpetuity for review by staff and the City
Attorney prior to submittal of a final plat application.
34. The applicant shall work obtain a written agreement with the respective irrigation district company
to reduce the irrigation easement adjacent to the eastern boundary of the property to fifteen feet
(15') in width and provide a revised preliminary plat showing the irrigation easement on the
eastern boundary of the subdivision to be fifteen feet (15') wide prior to submittal of a final plat
application.
35. The applicant shall provide a revised preliminary plat showing W. Larksdale Street removed and a
knuckle or equivalent type of stub replacing N. Lornsford Ave. and N. Lyndstrom Ave. north of
W. Escalante Drive prior to submittal of a design review application.
36. The applicant shall provide a revised preliminary plat showing a minimum eight foot (81 wide
internal pathwav connecting from the pathway in the open space area in the southern portion of
Eaglefield Estates (directly north of this site) extending to the pathway to be constructed adiacent
to State Highway 44. Submit the revised preliminary plat for review and approval of the location,
of the pathway prior to submittal of a final plat application.
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.
Page 38 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccfdoc
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. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-
8.4).
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile 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
Page 39 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12.Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service and
as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities,the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall record the subdivision CC&R's in the office of the Ada County Recorder prior
to the sale of the first lot. The applicant shall provide the City a copy of the recorded CC&R's
Page 40 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccfdoc
prior to the issuance of any building permits.
18. 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.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. 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.
21. 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".
22. 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.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. 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.
25. 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.
26. Basements in homes in the flood plain are prohibited.
27. 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.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. 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
Page 41 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccfdoc
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.
30. 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.
31. 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.
31. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
32. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
33. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
34. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet
above the ground)noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at the Hope Lutheran Church in the Fellowship Hall, at 6:00 PM,
September 10, 2007, in compliance with the application submittal requirement of Eagle City Code.
The applications for this item were received by the City of Eagle on September 19, 2007.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on January 21, 2008. 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 January 17, 2008. The site was posted in accordance
with Eagle City Code on January 25, 2008. Requests for agencies' reviews were transmitted on
September 26, 2007, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on March 10,
2008. Notice of this public hearing was mailed to property owners within three-hundred feet (300-
feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on March 7, 2008. The site was posted in accordance with the Eagle City Code
on March 26, 2008.
3. The Council reviewed the particular facts and circumstances of this proposed rezone with development
agreement (in lieu of a PUD), and preliminary plat (RZ-22-07/PP-15-07) and based upon the
information provided concludes that the proposed development is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
Page 42 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
a. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
The development is proposed in an area that is recognized in the Comprehensive Plan to
include high density residential uses and provide a mixture of housing types, and usable open
space with pathways interconnected with the City pathway network and adjacent
development.
b. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
Langtree Subdivision is designed to blend in and be compatible with Eaglefield Estates
Subdivision currently under construction adjacent to the north and east of this site. The
proposed landscaping adjacent to W. Escalante Drive and State Highway 44 will be similar to
Eaglefield Estates Subdivision to create a cohesive look between both projects.
c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
The property is bordered on the north and east by the proposed residential Eaglefield Estates
Subdivision and on the south by State Highway 44. Langtree Subdivision is proposed as a
residential subdivision with no commercial or industrial uses and therefore, there will be no
hazardous or disturbing uses created since the residential uses are considered compatible
with other residential uses.
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
This applicant is proposing a residential subdivision that 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.
e. 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.
All central services are either available to the site or will be as conditioned herein, as noted
within the letters provided by the agencies having jurisdiction over the site. Development of
sewer, water, drainage, streets, and other urban services will be provided at the developer's
expense. The property will also be served by W. Escalante Drive, a residential collector
which will be extended from the Eaglefield Estates Subdivision east of this development.
f. That the development will not create excessive additional requirements at public cost for
public facilities and services.
All public facilities and services are supplied by the developer and must be approved at the
time of installation and before acceptance by Eagle Sewer District, City of Eagle (water), or
Ada County Highway District. Because the developer provides the services in the initial
stages of development the public service providers avoid potential liability and expenses.
g. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non-PUD proposal.
Page 43 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
The development is designed with landscaping and amenities that, giving consideration to the
location on the site within the Scenic Corridor area, will provide enjoyable open space, and a
pedestrian friendly environment.
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
Access to the development will be from W. Escalante Drive, a residential collector to be
extended westerly from Eaglefield Estates Subdivision located to the east. The design and
construction of the all roads serving the development will be guided by the Ada County
Highway District.
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
There are no known scenic or historic features of major importance located on site. The
applicant is required to preserve or mitigate for the removal of the existing trees on site.
j. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development meets the objectives of the Comprehensive Plan since the plan
calls for High Density Residential and the applicant will be required to provide a buffer and
multi-use pathway adjacent to State Highway 44.
k. 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.
This development is guided by a development agreement in lieu of a PUD as outlined in Eagle
City Code and satisfies those requirements and will be required to meet the conditions herein.
In addition, the applicant will be required to submit an application for design review and to
comply with Eagle City Code and the conditions of approval of the design review.
4. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-15-07/RZ-22-07) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed rezone upon
annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of MU-DA (Mixed Use with development agreement) is
consistent with the High Density Residential designation as shown on the Comprehensive Plan
Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be provided
to serve all uses allowed on this property under the proposed zone;
c. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with the
RUT (Ada County designation) zone and land use to the west since that area has the same
Comprehensive Plan designation as this site, and may be developed in a similar manner as this
development;
d. The proposed MU-DA zone (Mixed Use with a Development Agreement) is compatible with
the MU-DA zone (Mixed Use with a Development Agreement) and land use to the east since
that area has received final plat approval for Eaglefield Estates PUD which will be developed
in a similar manner to that proposed herein;
Page 44 of 45
K:\Planning Dept\Eagle Applications\SUBS\2007\Langtree Sub ccf.doc
e. The proposed MU-DA zone (Mixed Use with a Development Agreement) is compatible with
the R-4-DA zone (Residential - up to four units per acre with development agreement) and
land use to the north since this area has received final plat approval for Eaglefield Estates PUD
which will be developed in a similar manner to that proposed herein;
f. The proposed MU-DA zone (Mixed Use with a Development Agreement) is compatible with
the RUT (Ada County designation) zone and land use to the south since the proposed
subdivision is bordered on the southern boundary by State Highway 44 and the developer will
be required to construct a landscape buffer adjacent to the state highway;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. As conditioned in the Development Agreement, the applicant will remove all existing
structures on the site. Therefore, no non-conforming uses are expected to be created with this
rezone.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-15-
07) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions)because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document and since the proposed residential use is in
accordance with the mixed use land use designation of this area shown within the
Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police
and fire protection, schools, drainage structures, refuse disposal, water and sewer; 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 the documentation provided from said
agencies or as required as a part of the conditions of approval;
c. The proposed development will provide continuity with the City of Eagle Water Amended
Master Plan for municipal water through a memorandum of agreement to obtain water from
the City of Eagle municipal water system;
d. That based upon agency verification and additional written comments from Eagle Sewer
District, Eagle Fire Department, and Ada County Highway District, and as conditioned herein,
there is adequate public financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Council's
attention have been adequately addressed by the applicant or will be conditions of approval as
set forth within the conditions of approval herein.
DATED this 12th day of August, 2008.
CITY COUNCIL ATTEST:
' " ITY OF EAGLE
Ada County, da o
4 1-0-N. %%6
Phil Bandy,Mayor Sharon K. Bergmann, Eagle City C f•'�pTE•••..•,,�'•• �
,-.f 4� O
0 % v°:Q :
. V Q �Q`
•
• c� t; 4
* ..............
Page
K:\Planning Dept\Eagle A plice ions\SUBS\2007\angtree Sub ccfdoc •��'••.,,��ST A'� ..��,,,