Findings - CC - 2012 - A-03-12 / RZ-03-12 /CU-03-12 / PPUD-01-12 / PP-01-12 - Annexation & Rezone For Lanewood Planned Unit Devleopment N Linder & W Floating Feather BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
FOR AN ANNEXATION,REZONE WITH )
DEVELOPMENT AGREEMENT, CONDITIONAL )
USE PERMIT,PRELIMINARY DEVELOPMENT )
PLAN,AND PRELIMINARY PLAT FOR THE )
LANEWOOD PLANNED UNIT DEVELOPMENT )
FOR SCS KIMBERLAND,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-03-12/RZ-03-12/CU-03-12/PPUD-01-12/PP-01-12
The above-entitled annexation, rezone with development agreement, conditional use permit, preliminary
development plan, and preliminary plat applications came before the City Council for their action on
November 13, 2012, at the applicant's request the City Council continued the public hearing to November 27,
2012, at which time public testimony was taken and the public hearing was closed. The City Council made a
decision regarding the conditional use permit, preliminary development plan, and preliminary plat. The City
Council directed staff to work with the applicant to address Condition of Development #3.6 of the
development agreement regarding the Buildable Lots with Non-Build Agreement. The item was continued to
December 11, 2012, for final action on the development agreement. The City Council reviewed the requested
information at the December 11, 2012,meeting and made their decision at that time The 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:
SCS Kimberland, LLC, represented by Shawn Nickel with SLN Planning, is requesting a
rezone from RUT (Rural-Urban Transition — Ada County designation) to R-3-DA-P
(Residential up to three units per acre with a development agreement—PUD), conditional use,
preliminary development plan, and preliminary plat approvals for Lanewood Planned Unit
Development, a 90-lot (80 buildable and 10 common) residential subdivision. The 40.2-acre
planned unit development is generally located on the northwest corner of North Linder Road
and West Floating Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:00 PM, Wednesday, June 13, 2012, in
compliance with the application submittal requirement of Eagle City Code. The applications
for this item were received by the City of Eagle on July 27, 2012.
C. NOTICE OF PUBLIC HEARING:
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 September 14, 2012, in the Idaho Statesman and on September 17,
2012, in the Valley Times. 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 September 11, 2012. Requests for
agencies' reviews were transmitted on July 31, 2012 in accordance with the requirements of
the Eagle City Code. The site was posted in accordance with the Eagle City Code on
September 14, 2012_
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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 19, 2012. 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 October 26, 2012. The site was
posted in accordance with the Eagle City Code October 26, 2012.
D. HISTORY OF PREVIOUS ACTIONS:
On July 11, 2007, the Ada County Board of County Commissioners approved a rezone with
development agreement,planned unit development, and preliminary plat for Lanewood Estates
Planned Unit Development (of which the subject property is a portion of) (Ada County File#
200700017— S/ZC/PUD/DA).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter date stamped by the City on July 27, 2012, attached to the
staff report and incorporated herein by reference.
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justification letter date stamped by the City on July 27, 2012, attached to the
staff report and incorporated herein by reference.
H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two(up RUT(Ada County Agricultural
to two units/acre) Designation)
Proposed No Change R-3-DA-P (Residential Single-Family, Residential
maximum three units/acre Planned Unit Development
with a development
agreement and a planned
unit development)
North of site Residential Two(up RUT(Ada County Single-Family Residence
to two units/acre) Designation) and Agricultural
South of site Residential Two(up R-2-DA-P(Residential Legacy Development
to two units/acre) maximum two units/acre (Mosca Seca Subdivision)
with a development
agreement and a planned
unit development)
East of site Residential Two(up RUT(Ada County Agricultural
to two units/acre) Designation)
West of site Residential Two(up RUT(Ada County Agricultural
to two units/acre) Designation)
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DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA.
J. SITE DATA:
Total Acreage of Site—40.2-acres
Total Number of Lots—90
Residential— 80
Commercial—0
Industrial—0
Common— 10
Buildable with Non-build agreement—2
Total Number of Units -
Single-family—80
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—70.7-acres(consisting of two(2)parcels)
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.99-dwelling units per acre Up to two(2)units per
2.04-dwelling units per acre acre maximum
(inclusive of build/non-build
lots)
Minimum Lot Size 8,519-square feet 10,000-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 8-6-5-5
[A]).
Minimum Lot Width 70-feet(Lot 7,Block 1) 75-feet(minimum)
Minimum Street Frontage 30-feet(Lot 7,Block 1) 35-feet(minimum)
Total Acreage of Common Area 6.74-acres 8.05-acres(minimum)
Open Space
Percent of Site as Common Area 16.34% 20%
Open Space Except that, according to
ECC Section 9-3-8 (C)the
City may require
additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 50 or
more lots.
K. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on September 12, 2012, shows a 24-foot wide
common lot located adjacent to West Floating Feather Road and a 37-foot wide common lot
located adjacent to North Linder Road. West Floating Feather Road is designated as a minor
arterial and North Linder Road is designated as a principal arterial. Pursuant to Eagle City
Code Section 8-2A-7 (J) (4) (b and c) a 50-foot wide landscape strip is required adjacent to
minor arterials and a 75-foot wide landscape strip is required adjacent to principal arterials to
screen adjacent incompatible features such as highways, railroads, commercial or industrial
uses from proposed residential properties.
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Open Space:
A total of 6.74-acres (16.74%) of common area is proposed within the planned unit
development. The common area is a combination of linear pathways, road buffer areas, and
street landscape islands. A minimum of 20% open space is required within a planned unit
development. Planned unit developments that contain lots that are smaller than the minimum
lot size may be allowed if there is an "offsetting increase" of same square footage in open
space and a favorable findings is made by the Council that the smaller lots are appropriately
integrated into the design and that the building product type is compatible with the PUD and
surrounding area. The initial starting point for minimum open space, prior to any"offsetting
increase" being added, shall be the area equal to ten percent (10%) of the site, however, the
total open space shall be equal to or greater than twenty percent (20%), inclusive of the
"offsetting increase"square footage.
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 and drainage easements to be not less than 12
feet in width. The applicant provided a preliminary plat, date stamped by the City on
September 12, 2012, which contains separate plat notes that reference the front and rear
property lines have a 12-foot wide utility easement. The preliminary also contains a separate
plat note referencing that side lot line easements have a 6-foot wide public utilities, property
drainage, and property irrigation easement.
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)—No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
L. STREET DESIGN:
Private or Public Streets:
The applicant is proposing to construct two (2) roadway cross sections: one roadway access
point from West Floating Feather Road will be provided for this development to be
constructed using a 77-foot wide road section inclusive of a 20-foot wide planter dividing the
two lanes. Each lane will be 23-feet wide.
The local roadways within the development will be a 34-foot wide roadway section (as
measured from back of curb to back of curb) with an eight-foot (8') wide landscape planter
strip located on each side of the roadway.
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Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
A 610-foot long cul-de-sac is proposed with a radius of 50-feet of right-of-way.
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips
located on both sides of all interior roadways, including the main entrance from West Floating
Feather Road. The applicant is also proposing a detached five-foot(5')wide concrete sidewalk
to be located adjacent to North Linder Road and West Floating Feather Road.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications shall
be provided to the City Zoning Administrator prior to the City Engineer signing the final plat.
Street Names:
Street names should be approved by the Ada County Street Names Committee prior to
submittal of a final plat application.
M. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian walkways are provided throughout the development through a detached sidewalk
system located adjacent to the interior streets and through a multi-purpose pathway system
located within the open space design.
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.
N. PUBLIC USES PROPOSED:None proposed
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—no
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—no
Wildlife Habitat—no
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Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
U. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letters dated August 15, 2012, and September 17,
2012, are of special concern(attached to the staff report and incorporated herein by reference).
Ada County Highway District—Indicated that they will be requiring additional right-of-way adjacent
to West Floating Feather Road and North Linder Road to accommodate widening of the roads and
the future construction of a dual lane roundabout. The report also included requirements for the
improvement of West Floating Feather Road and North Linder Road, interior streets, stub streets, and
sidewalk design requirements.
Boise River Flood Control District No. 10 —Indicated the property lies outside of the Flood Control
District's jurisdictional boundary.
Central District Health Department—Indicated that central water and central sewage services will be
required
Eagle Fire Department — Indicated that they have no opposition to the application provided the
applicant complies with the conditions of approval of the Eagle Fire Department
Joint School District No. 2 (Meridian School District): - Indicated that the school district is already
operating beyond capacity. The letter also indicated that development will create the need for$66,400
in revenue to help purchase a school site. The school district also requested that the developer provide
safe walkways, bike paths, and safe pedestrian access for the students.
Idaho Department of Lands—Indicated that the proposed development will not impact any State Trust
Lands.
Idaho Transportation Department—Indicated that ITD has no objection to the application.
Middleton Irrigation Association and Middleton Mill Ditch Co. — Indicated that the proposed
development is located outside of their service area.
United Water Company—Indicated that they have met with the representatives of Lanewood Eagle,
LLC, and have agreed to provide water service to the proposed residential subdivision. The email
correspondence also indicated that the requested rezone does not change United Water of Idaho's
ability to serve the proposed project.
R. LETTERS FROM THE PUBLIC: None received to date.
S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant has not provided a proposed time schedule for the completion of the
development.
T. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
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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.
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.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cased of large—scale PUDs (incorporating fifty(50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private)means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
Chapter 6—Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted August 25, 2009), designates this site as the
following:
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Residential Two
Suitable primarily for single family residential development within areas that are rural in character. An
allowable density of up to 2 units per 1 acre.
6.4 Land Use Goals
A. Preserve the rural transitional identity of the City of Eagle.
6.5 Land Use Objectives
A. To encourage the conservation and preservation of open spaces, sensitive habitat for plant and
wildlife species, and unique areas based on diverse values within the City of Eagle
E. To encourage the conservation and preservation of open spaces, sensitive habitat for plant and
wildlife species, and unique areas based on diverse values within the City of Eagle
6.6 Land Use Implementation Strategies
S. Encourage a variety of housing through such mechanisms as PUD's in subdivisions including
large lot subdivisions.
W. Use smaller planning areas to help guide development in the western planning area.
6.8.2 Village Planning Area
The Village Planning Area is designed to provide flexibility of design while also ensuring
compatibility to existing large lot residential uses and transitional density as development approaches
Homer Road and the Foothills. This area is not intended to be master planned but does require great
care in planning to ensure that uses are compatible and that the Village Center serves as an anchor of
the area and is not taken over by residential uses.
A. Uses/Design
The land use and development policies specific to the Village Planning Area include residential,
commercial, retail, civic, research and development park, corporate and/or educational campus,
hospitality and office uses. Non-residential uses will be focused in the Village Center.
2. Residential Areas:
b. Decreasing densities should be allowed as the area radiates out of the village center. The
overall densities in the Village Planning Area outside of the village center shall average 1-
2 units per acre to the south of Beacon Light Road. Residential densities north of Beacon
Light should be 1-2 units per acre transitioning(feathering and clustering)to the north and
east ensuring compatibility with existing residential and foothills development.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
OPEN SPACE: 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.
OPEN SPACE, ACTIVE: 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
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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: Open Space, Passive:
OPEN SPACE, PASSIVE: 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 8-2-4 Schedule of Building Height and Lot Area Requirements:
Minimum
Lot Area
Maximum Lot (Acres Or Minimum
Zoning Maximum l Interior Street Covered F And Square Feet) Lot
District Height Front Rear; Side Side J* H* Width I*
r__ I 17,000 r____.75'--
R 2 35' 30' 1 30' 10' 20' 40% �
R-3 r 35' [ 30' 125' 7.5' F20' [ 40% [ 10,000 r 75'
• Eagle City Code Section 8-2A-7 (J)(4)(b): Landscape and Buffer Area Requirements:
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:
b. Any road designated as a minor arterial on the transportation and pathwaynetwork plan in the
Eagle comprehensive plan:
A minimum of fifty feet(50')wide buffer area(not including right of way) shall be provided with
the following plants per one hundred(100)linear feet of right of way: five(5) shade trees,eight
(8)evergreen trees,three(3)flowering'ornamental trees,and twenty four(24) shrubs. Each
required shade tree may be substituted with two(2) flowering/ornamental trees,provided that not
more than fifty percent(50%)of the shade trees are substituted.
A minimum five foot(5')high,maximum eight foot(8')high,berm,decorative block wall,
cultured stone, decorative rock,or similarly designed concrete wall,or combination thereof shall
be provided within the buffer area. The maximum slope for any berm shall be three feet(3)
horizontal distance to one foot(1)vertical distance. If a decorative block wall,cultured stone,
decorative rock, or similarly designed concrete wall is to be provided,in combination with the
berm,a four foot(4) wide flat area shall be provided for the placement of the decorative wall.
Chainlink,cedar,and similar high maintenance and/or unsightly fencing shall not be permitted.
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c. Any road designated as a principal arterial on the transportation and pathwaynetwork plan in the
Eagle comprehensive plan:
A minimum of seventy five feet(75')wide buffer area(not including right of way) shall be
provided with the following plants per one hundred(100)linear feet of right of way: six(6) shade
trees,ten(10) evergreen trees, four(4)floweringornamental trees,and twenty four(24)shrubs.
Each required shade tree may be substituted with two(2)floweringornamental trees,provided
that not more than fifty percent(50%)of the shade trees are substituted.
A minimum ten foot(10')high,maximum twelve foot(12)high,berm,decorative block wall,
cultured stone,decorative rock,or similarly designed concrete wall, or combination thereof shall
be provided within the buffer area. The maximum slope for any berm shall be three feet(3)
horizontal distance to one foot(1)vertical distance. If a decorative block wall, cultured stone,
decorative rock,or similarly designed concrete wall is to be provided,in combination with the
berm,a four foot(4)wide flat area shall be provided for the placement of the decorative wall.
Chainlink,cedar,and similar high maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code Section 8-6-1: Planned Unit Developments: 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;
2. A more useful pattern of open space and recreation areas and, if permitted as part of the
project, more convenience in the location of accessory commercial uses, office uses and
services;
• Eagle City Code Section 8-6-2: Effects of Other Zoning:
A. Whenever there is a conflict or difference between the provisions of this chapter and those of the
other chapters of this title,the provisions of this chapter shall prevail. Subjects not covered by this
chapter shall be governed by the respective provisions found elsewhere in this title.
B. In addition to the requirements of this chapter,planned unit developments shall also be subject to
the requirements set forth in chapter 2, article A, "Design Review Overlay District", of this title;
title 10, chapter 1, "Flood Control Regulations", of this code; and title 9, "Land Subdivisions", of
this code.
• Eagle City Code Section 8-6-5-2: Common Area Open Space:
A. Required Common Area Open Space: A minimum of twenty percent (20%) of the gross land area
developed in any residential PUD project shall be reserved for common area open space and
recreational facilities for the residents or users of the area being developed.
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• Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title, except that a decrease in the minimum lot size may be
allowed if there is an"offsetting increase" of the same square footage in open space and a
favorable finding is made by the council that the smaller lots are appropriately integrated into the
overall design and that the building product type is compatible with the PUD and surrounding
area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point for
minimum open space,prior to any"offsetting increase" being added, shall be the area that is equal
to ten percent(10%)of the site. This allowance shall only be permitted under the following
criteria:
1. The total common area open space shall be equal to or greater than twenty percent(20%),
inclusive of the"offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity and
architectural and siting variation are incorporated into the development and that these factors
make up a substantial contribution to the objectives of the PUD. These design elements are as
follows:
a. Landscaping, streetscape, open spaces and plazas,use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography, view, sun
and wind orientation, circulation pattern, physical environment, variation in building
setbacks and building grouping(such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials, parking
areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under
section 8-2-4 of this title.
• Eagle City Code Section 8-6-6-2: Preliminary Development Plan:
A. Application For Preliminary PUD: An application for preliminary PUD shall be filed with the
administrator by a property owner or person having existing interest in the property for which the PUD
is proposed. At a minimum,the application shall contain the following information filed in triplicate:
7. A preliminary development plan,at a scale approved by the zoning administrator, showing
g. Layout and dimensions of lots and building setback lines;
8. Proposed schedule for the development of the site;
C. Approval In Principle Of Preliminary Development Plan:
1. The commission shall review the preliminary development plan to determine if it is consistent
with the intent and purpose of this title; whether the proposed development advances the
general welfare of the community and neighborhood and whether the benefits, combination of
various land uses and the interrelationship with the land uses in the surrounding area justify
the deviation from standard district regulations and its recommendation to the council. The
commission's recommendation in principle of the preliminary development plan shall be
necessary before an applicant may submit a final development plan. Approval in principle
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shall not be construed to endorse a precise location of uses, configuration of parcels or
engineering feasibility.
2. The council shall consider all provisions of this chapter including the general standards
applicable to conditional use permits and criteria for conditional uses before approving in
principle a preliminary development plan. The council may, upon the finding that unique or
special circumstances exist with regard to the preliminary development plan, consider specific
deviations from the requirements of this chapter provided conditions are placed on the PUD to
assure that it will be designed and operated in accordance with goals and objectives of this
chapter.
• Eagle City Code Section 8-7-3: Conditional Use Permit:
8-7-3-2: General Standards for Conditional Uses:
The commission/council shall review the particular facts and circumstances of each proposed
conditional use in terms of the following standards and shall find adequate evidence showing that such
use at the proposed location:
A. Will, in fact, constitute a conditional use as established in section 8-2-3 of this title for the zoning
district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the comprehensive plan and/or this title;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will not
change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighboring uses;
E. Will be served adequately by essential public facilities and services such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that
the persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services;
F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities,processes, materials, equipment and 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;
H. Will have vehicular approaches to the property which shall be so designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-1-6: Rules and Definitions:
LARGE SCALE DEVELOPMENT: A subdivision, the size of which consists of fifty(50)or more lots
or dwelling units.
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which normally
includes streets, sidewalks and other public utilities or service areas.
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• Eagle City Code Section 9-2-3: Preliminary Plat:
C. Required Information And Data:
1. The contents of the preliminary plat and related information shall be in such a form as
stipulated by the city council; however, any additional maps or data deemed necessary by the
administrator may also be required.
3. The following shall be submitted separately:
f. A map of the entire area scheduled for development if the proposed subdivision is a portion
of a larger holding intended for subsequent development. A map shall be submitted
showing the location of existing buildings, water bodies or courses and the location of
currently dedicated streets at the point where they adjoin and/or are immediately adjacent;
provided, that actual measured distances shall not be required;
• 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 and with all applicable requirements set forth in title 8,
chapter 6, "Planned Unit Developments", of this code; 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 9-3-5: Lots:
Lots shall conform to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height and area
regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from the
standards within section 8-2-4 of this code may be considered as part of the planned unit
development.
• Eagle City Code Section 9-3-6: Easements:
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 and Open Spaces:
C. Special Development: In the case of planned unit developments and large scale developments, the city
council may require sufficient public and/or private park or open space facilities of acceptable size,
location and site characteristics that may be suitable for the proposed development.
D. Common Area Open Space:
4. Ownership And Management Of Open Space:
a. Ownership Of Open Space: The applicant must identify the owner of the open space who
is responsible for maintaining the open space and facilities located thereon. If a
homeowners'association is the owner, membership in the association shall be mandatory
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and automatic for all homeowners of the subdivision and their successors. If a
homeowners'association is the owner, the homeowners'association shall have lien
authority to ensure the collection of dues from all members. The responsibility for
maintaining the open space and any facilities located thereon shall be borne by the owner.
b. Management Plan: Applicant shall submit a plan for management of open space and
common facilities(plan)that:
(1) Allocates responsibility and guidelines for the maintenance and operation of the open
space and any facilities located thereon, including provisions for ongoing maintenance
and for long term capital improvements;
(2) Estimates the costs and staffing requirements needed for maintenance and operation
of, and insurance for,the open space and outlines the means by which such funding
will be obtained or provided;
(3) Provides that any changes to the plan be approved by the city council; and
(4) Provides for enforcement of the plan.
• Eagle City Code Section 9-3-9: Water System:
The provision of a public water system shall conform to the following standards:
A. All subdivisions within the Eagle city water service area shall comply with title 6, chapter 5 of this
code.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall
be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance and/or unsightly
fencing shall not be permitted within the above designated areas. A section within the subdivision
CC&Rs shall be created for the regulation of fences to this effect.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
B. Location:
2. In addition,pathways may be required to connect sites other than those noted above:
a. When there is evidence that a pedestrian/cyclist would otherwise be forced to travel
alongside a designated arterial roadway, or other roadway that may be hazardous for
nonmotorized forms of travel, in order to reach the desired destination
D. Pathway Design: While the city may exercise considerable discretion in determining the design of
pathways,the following minimum standards shall 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.
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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.
6. In order to design for crime prevention,the following design standards will be followed:
a. The use of"see through", open fencing, such as wrought iron, is preferred, as it provides
better visibility from adjacent homes or buildings. Solid fencing is prohibited.
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.
• Eagle City Code Section 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 9-5-4: Planned Unit Development:
A planned unit development is a mechanism by which the city may permit a variety in type, design,
and arrangement of structures; and enable the coordination of project characteristics with features of a
particular site in a manner consistent with the public health, safety and welfare. A planned unit
development allows for innovations and special features in site development, including the location of
structures, conservation of natural land features, conservation of energy and efficient utilization of
open space. Large scale developments as defined herein shall be submitted as planned unit
developments.
• Eagle City Code Section 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, including existing trees;
D. Screening;
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E. Garbage areas;
F. Parking;
G. Open space; and
H. Open fencing.
• Eagle City Code Section 9-5-5: Large Scale Development Subdivision; Required Information
Large scale development subdivisions proposed within the R-2, R-3, R-4, and MU zoning districts
shall be submitted as planned unit developments. Due to the impact that a large scale development
would have on public utilities and services, the developer shall submit the following information along
with the preliminary plat:
A. Identification of all public services that would be provided to the development including,but not
limited to, fire protection,police protection, central water, central sewer,road construction,parks and
open space, recreation,maintenance, schools and solid waste collection;
B. Estimate of the public service costs to provide adequate service to the development;
C. Estimate of the tax revenue that will be generated from the development; and
D. Suggested public means of financing the services for the development if the cost for the public
services would not be offset by tax revenue received from the development.
D. DISCUSSION:
• The Eagle Comprehensive Plan designates the property as Residential Two with a density not to
exceed two (2)units per acres. As described in the Comprehensive Plan the Residential Two areas are
suitable primarily for single family residential development within areas that are rural in character. The
applicant has submitted an annexation, rezone, preliminary development plan and conditional use
permit for a planned unit development, and preliminary plat applications for Lanewood Planned Unit
Development, which consists of 40.26-acres located on the northwest corner of North Linder Road and
West Floating Feather Road. The applicant is requesting a R-3-DA-P (Residential — up to three (3)
units per acre with a development agreement — PUD) zoning designation which has a 10,000-square
foot minimum lot size. As described in the applicant's narrative, date stamped by the City on July 27,
2012, the applicant is requesting a development agreement to allow for a range of lot sizes and
building opportunities that cannot be obtained under a R-2 (Residential—up to two (2)units per acre)
zoning designation to allow for flexibility in design while still maintaining the maximum density of the
proposed development at two (2) units per acre. The applicant is proposing the development to have
80-buildable lots with a density of 1.98-dwelling units per acre.
• The applicant's narrative, date stamped by the City on July 27, 2012, indicates that the subject
property was approved for a similar residential development in 2007 by the Ada County. On July 11,
2007, the Ada County Board of County Commissioners (BOCC)approved a rezone with development
agreement, planned unit development, and preliminary plat for Lanewood Estates Planned Unit
Development (Ada County File # 200700017— S/ZC/PUD/DA). The Lanewood Estates Planned Unit
Development consisted of a 426-lot (381-buildable, 45-common) residential development and was
located on 190.5-acres. The previous developer started construction of the first phase of the Lanewood
Estates Subdivision. Due to the economic downturn construction of the first phase of Lanewood
Estates Subdivision ceased and the preliminary plat subsequently expired. The applications submitted
to the city as Lanewood Planned Unit Development consists of a 40-acre parcel that contains the area
where the construction of the first phase of Lanewood Estates Planned Unit Development had
previously commenced. A special warranty deed was submitted by the applicant that included exhibits
referencing the subject property and two (2) additional parcels. Those parcels consist of a total of
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110.7-acres of which 40.26-acres are a subject of this application.
• The preliminary plat, date stamped by the City on September 12, 2012, shows 80 single-family
residential lots ranging in size from 8,587-square feet to 21,074-square feet in size. The preliminary
plat also shows two (2) lots (Lot 5, Block 4 and Lot 3, Block 5) which are labeled as "Buildable with
Non-Build Agreement."These two(2) lots are 13,903-square feet and 55,996-square feet respectively.
The preliminary plat indicates that the residential gross density of the development is 1.98 (sf lots/total
acres). The residential gross density is calculated based on the total number of single-family lots
divided by the total acres (40.26) of the property and does not include the two (2) buildable lots with
non-build agreement. The residential gross density of the project with the buildable with non-build
agreement lots included is 2.04(sf lots/total acres). Although the applicant and staff have discussed the
intentions of the applicant regarding the buildable with non-build agreement lots the applicant has not
provided any documentation or an agreement to indicate what their intention is regarding those lots.
Also, if they are buildable lots and included within the preliminary plat they should also be included
within the density calculation. As previously noted this area is designated Residential Two within the
Comprehensive Plan. The density permitted within areas having a Residential Two designation is up to
two (2)units per acre maximum. The applicant should provide a revised preliminary plat showing two
(2)residential lots removed prior to the submittal of a final plat application.
• The preliminary plat, date stamped by the City on September 12, 2012, notes that there are 7.94-acres
of open space. Based on 40.26-acres of developable land this equates to 19.7% of open space.
Pursuant to Eagle City Code a planned unit development requires 20% open space. The noted open
space consists of six (6) common lots totaling 4.52-acres in area, two (2) future R-O-W lots —
landscape totaling 1.36-acres in area, and the planter landscape areas adjacent to each side of the street
totaling 2.06-acres. While the future right-of-way lots may be landscaped pursuant to Eagle City Code
dedicated right-of-way is not calculated into the open space percentage. Based on removing the right-
of-way lots the total open space is 6.74-acres, which is 16.34%of the overall development.
The applicant is proposing an offsetting increase in open space based on a 10,000-square foot lot size
to allow for the reduction of lot sizes. Pursuant to Eagle City Code, a reduction in lot size below the
minimum lot size requirement may occur if there is an offsetting increase of the same square-footage in
open space and a planned unit development is applied for and approved. Pursuant to Eagle City Code
the total common area open space shall be equal to or greater than 20%, inclusive of the "offsetting
increase" square footage. As noted previously, the total open space provided equals 16.34% of the
development. The applicant should provide a revised preliminary plat showing a minimum total of
20% open space and the open space total should exclude any future right-of-way lots. The revised
preliminary plat should be provided prior to submittal of a design review application.
• The Lanewood Subdivision (Planned Unit Development) P.U.D. Site Plan S1.0, date stamped by the
City on September 12, 2012, shows 1) concept plan for the development, 2) a typical play structure, 3)
a six-foot (6') high vinyl privacy fence inclusive of a two-foot (2') high lattice, 4) typical entry
signage, and 5) five (5) single-family dwelling elevations. Any proposed single-family dwellings
should be constructed in substantial conformance with the architectural styles shown on the Lanewood
Subdivision P.U.D. Site Plan S1.0, date stamped by the City on September 12, 2012.
• The preliminary plat date stamped by the City on September 12, 2012, shows Lot 7, Block 1, with 30-
feet of street frontage and a 70-foot wide lot width as measured between side lot lines at a point
midway between the front and rear lot lines. Pursuant to Eagle City Code the minimum required street
frontage is 35-feet in width and the minimum required lot width is 75-feet. The applicant should
provide a revised preliminary plat showing Lot 7, Block 1, modified to show 35-feet of street frontage
and a 75-foot wide minimum lot width. The revised preliminary plat should be provided prior to the
submittal of a design review application.
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• The Lanewood Subdivision (Planned Unit Development) P.U.D. Site Plan L1.0, date stamped by the
City on September 12, 2012, shows that the applicant is proposing a six-foot(6')high(4' solid with 2'
lattice)vinyl fence to be located adjacent to the common areas. Pursuant to Eagle City Code Section 9-
3-10, any fence located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. The applicant should provide a revised Site Plan L1.0, showing all fencing located adjacent
to a common area to be open style fencing,prior to submitting a design review application.
• The preliminary plat date stamped by the City on September 12, 2012, shows a common lot located
adjacent to a 23-foot wide future right-of-way lot. The future right-of-way lot is located adjacent to
North Linder Road and West Floating Feather Road. The preliminary plat shows the common lot to be
37-feet in width located adjacent to the eastern boundary (North Linder Road) and 24-feet in width
located adjacent to West Floating Feather Road. The 2035 Planning Functional Classification Map
shows that North Linder Road is classified as a principal arterial and West Floating Feather Road is
classified as a minor arterial. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(b-c), the buffer area
located adjacent to North Linder Road is required to be 75-feet in width and the buffer area located
adjacent to West Floating Feather Road is required to be 50-feet in width. The applicant should
provide a revised preliminary plat showing a 75-foot wide common lot located adjacent to the future
right-of-way lot located at the eastern boundary of the subdivision. The revised preliminary plat should
show a 50-foot wide buffer area located adjacent to the future right-of-way lot located at the southern
boundary of the subdivision. The revised preliminary plat should be provided prior to the submittal of
a design review application.
• The Lanewood Subdivision (Planned Unit Development) P.U.D. Site Plan S1.0, date stamped by the
City on September 12, 2012, shows a pathway located on two (2) common lots (Lot 1, Block 2, and
Lot 21, Block 2). Neither the site plan nor the preliminary plat shows a cross section of the proposed
pathway. It appears the pathway may be approximately five-feet (5') in width. Pursuant to Eagle City
Code, micropathways within subdivisions which are designed for primary use by the residences of the
subdivision are to be a minimum of eight-feet (8') wide. The applicant should provide a revised Site
Plan S1.0 showing the pedestrian pathway Lot 1, Block 2 and Lot 21, Block 2 to be a minimum of
eight-feet(8')in width prior to the submittal of a design review application.
• Pursuant to Eagle City Code Section 9-3-5, lots within any subdivision shall comply in all respects
with the "Official Height and Area Regulations" as set forth in Section 8-2-4. The proposed setbacks
as shown on the Site Plan, L1.0, date stamped by the City on September 12, 2012, shows the following
setbacks for lots within this development:
Front 20-feet
Rear 20-feet
Interior Side 5-feet
Street Side 20-feet
Minimum Roadway Frontage 75-feet
Minimum Roadway Frontage
on Knuckle or Cul-de-Sac 55-feet measured 50-feet back from front p71 except Lot7, Block 1
Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the R-3
(residential—up to three units per acre):
Front 30-feet*
Rear 25-feet
Interior Side 7.5-feet,two-story 12.5-feet
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Street Side 20-feet
Minimum Roadway Frontage 35-feet
Maximum Lot Coverage 40%
* A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5-foot
reduction in the minimum required front yard setback provided that the distance in no less than 20-
feet.
It is staff's opinion that only the front and interior side setbacks should be reduced for lots less than
12,000-square feet in size due to the lot configuration (lot width of 80-feet). The following setbacks
and maximum coverage for this development should be required:
Setbacks: Lots>12,000 square feet Lots< 12,000 square feet.
Front 30' 25' (measured from property line)
Rear 25' 25'
Interior Side 7.5' (two-story 12.5') 5'(per story)
Street Side 20' 20'
Maximum Coverage 40% 40%
The preliminary plat also shows a typical street section showing the sidewalk to be located within the
residential lot and outside of the right-of-way. The smallest lot proposed in the Lanewood Planned
Unit Development is 8,587-square feet. Based on the staff recommended setbacks for the R-3 zoning
district and the most restrictive setback based on the submitted home elevations a property owner
could construct a residential dwelling with a building footprint 3,250-square feet in size. If the home
owner proposed a side entry garage they could construct a dwelling with a building footprint of 3,575-
sqaure feet. Based on the maximum lot coverage of 40% for the subject lot the maximum building
footprint would be 3,434-square feet in size, therefore the proposed reduction of setbacks would not
allow for an increase in the size of the structure.
• Plat note #2 of the preliminary plat date stamped by the City on September 12, 2012, indicates that,
"Each side of interior lot lines have a six (6) for wide public utilities, property drainage, and property
irrigation easement unless dimensioned otherwise. Said drainage and irrigation easements are reserved
for homeowners association or assigns."The preliminary plat also shows that Lot 18 and Lot 19, Block
1, contain the central water and central sewer lines located adjacent to each of the northern side
property lines. The central water line and the central sewer line are the main lines that provide services
for the entire development. The applicant has requested that the easements located adjacent to the
interior side lot lines be 10-feet in total width. Staff recommends that lots less than 12,000-square feet
in size be permitted to have a five-foot(5')wide side yard setback. The applicant should be required to
submit a revised plat showing plat note#2 modified to read"The interior side yard lot line should have
a five-foot(5')wide easement for public utilities,property drainage, and pressurized irrigation with the
exception of Lot 18 and Lot 19, Block 1, which said side lot easement located at the north property
line of each respective lot should have a 12-foot wide utility easement to accommodate the central
sewer line and the central water line. The revised preliminary plat should be provided prior to the
submittal of a design review application."
• Plat note #7 of the preliminary plat date stamped by the City on September 12, 2012, indicates that,
"Vehicular access to lots along N. Linder Road and W. Floating Feather Road is prohibited unless
specifically allowed by the Ada County Highway District and Ada County." It is unclear as to why
Ada County would be required to approve any new access points to this subdivision since upon
annexation and rezone of the property Ada County would not have jurisdictional authority to provide
approval of new access points once the property is located within the municipal boundaries of the City
of Eagle. The applicant should provide a revised preliminary plat with plat note #7 revised to read,
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"Vehicular access to lots along N. Linder Road and W. Floating Feather Road is prohibited unless
specifically allowed by the Ada County Highway District and the City of Eagle." The revised
preliminary plat should be provided prior to the submittal of a design review application.
• Plat note #10 of the preliminary plat date stamped by the City on September 12, 2012, indicates that,
"All rear yard lot lines shall have a twelve (12) foot utility easement."The applicant should provide a
revised preliminary plat with plat note#10, revised to read, "All rear lot lines shall have a 12-foot wide
public utilities, property drainage, and pressurized irrigation easement." The revised preliminary plat
should be provided prior to the submittal of a design review application."
• The preliminary plat date stamped by the City on September 12, 2012, shows Lot 3, Block 5, to be a
"Buildable with non-build agreement". This lot is also located adjacent to North Champions Way. The
preliminary plat also shows a common lot located between Lot 3, Block 5, and North Champions Way.
The applicant should provide a revised preliminary plat with a new plat note #11, that reads,
"Vehicular access to Lot 3, Block 5, along N. Champions Way is prohibited unless specifically
allowed by the Ada County Highway District and the City of Eagle." The revised preliminary plat
should be provided prior to the submittal of a design review application.
• The preliminary plat and the Site Plan 1.0, date stamped by the City on September 12, 2012, shows a
five-foot (5') wide pedestrian walkway or sidewalk located adjacent to West Floating Feather Road
and North Linder Road. Pursuant to Eagle City Code pathways adjacent to major roadways shall be a
minimum of ten feet(10') wide and shall be located within a twenty foot(20') wide pedestrian access
easement. The applicant should provide a revised preliminary plat and Site Plan 1.0 showing a ten foot
(10')wide pedestrian pathway located within the common lot located adjacent to the road right-of-way
of West Floating Feather Road and North Linder Road. The revised preliminary plat shall be provided
prior to the submittal of a design review application.
• The applicant provided a preliminary plat, date stamped by the City on September 12, 2012, showing
three (3) separate phases for development. Although the applicant has provided a plat showing a
phasing plan the applicant has not provided a proposed schedule for development of the site pursuant
to Eagle City Code. The applicant should provide a schedule indicating the timeframe for the
development of the site prior to the submittal of a design review application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested annexation, rezone
with development agreement, conditional use permit, preliminary development plan, and preliminary
plat for Lanewood Planned Unit Development with conditions to be placed within a development
agreement and subdivision site specific conditions of approval and standard conditions of approval, all
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 October 1,
2012, at which time testimony was taken and the public hearing was closed. 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
(other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in favor nor in opposition of this proposal was presented by one (1) individual
regarding the requirement and style of fencing.
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COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The development is in conformance with the Comprehensive Plan based on the proposed
density.
• The common lots provided for buffering adjacent to North Linder Road and West Floating
Feather Road should be permitted at the widths shown on the preliminary plat.
• The applicant should be permitted to utilize trees within the development that are less than
three inch(3")caliper.
• The internal pathways located within the development may be six feet(6')in width.
• The proposed side setbacks should be permitted as proposed by the applicant.
• The applicant should be permitted to have a two year timeframe between the time a phase of
the development is completed and the submittal of a final plat application for a subsequent
phase.
• The Buildable with Non-Build Agreement lots should be maintained as open space until such
time the adjacent property located to the west is developed. At that time the Buildable with
Non-Build Agreement lots may be developed provided that the open space to be provided for
the overall development is in conformance with Eagle City Code.
COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 4 to 0 (Villegas absent) to recommend approval of A-03-12 and RZ-03-12 for
a rezone from RUT (Rural-Urban Transition — Ada County designation) to R-3-DA-P (Residential up to
three units per acre with a development agreement—PUD)for SCS Kimberland, LLC as provided within
their findings of fact and conclusions of law document, dated October 15, 2012.
COMMISSION DECISION REGARDING THE PLANNED UNIT DEVELOPMENT AND
PRELIMINARY PLAT:
The Commission voted 3 to 1 (Aizpitarte against, Villegas absent) to recommend approval of the
Lanewood Planned Unit Development(CU-03-12/PPUD-01-12/PP-03-12)for SC S Kimberland, LLC,
staff recommended site specific and standard conditions of approval provided within their findings of
fact and conclusions of law document, dated October 15, 2012.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on November 13, 2012, at the
applicant's request the City Council continued the public hearing to November 27, 2012, at which time
public testimony was taken and the public hearing was closed. The City Council made a decision regarding
the conditional use permit, preliminary development plan, and preliminary plat at that time. The City
Council directed staff to work with the applicant to address Condition of Development #3.6 of the
development agreement regarding the Buildable Lots with Non-Build Agreement. The item was continued
to December 11, 2012, for final action on the development agreement. The City Council reviewed the
requested information at the December 11, 2012, meeting and made their decision at that time.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including the
applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
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COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE:
The Council voted 4 to 0 to approve A-03-12 and RZ-03-12 for an annexation and rezone from RUT
(Rural-Urban Transition — Ada County designation) to R-3-DA-P (Residential up to three units per acre
with a development agreement — PUD) for SCS Kimberland, LLC with the following Planning and
Zoning Commission recommended conditions to be placed within a development agreement with
strike through text to be deleted by the Council and underline text to be added by the Council:
3.1 The maximum density for the Property shall be 1.98 dwelling units per acre(80 single-family
lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding design
review,preliminary and final 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.
3.3 The Concept Plan(Exhibit`B")represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in
that 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.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for maintenance of all community and privately owned
landscaping, pressurized irrigation facilities, and amenities.
(b) A requirement for all fencing located adjacent to open space to be open-style such as
wrought iron, extruded aluminum(looks identical to wrought iron), or three-rail-type
wooden decorative fencing. All other fencing(ie. cedar fencing,vinyl, chainlink) shall be
prohibited.
3.5 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit`B".
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 Exhibit `B". If a building permit is denied, the applicant shall
have the right to appeal the decision to the Eagle City Council in accordance with Eagle City
Code Section 8-7-4-1.
3.6 •- .• ... - : . . . - --..-- _
the preliminary plat date stamped by the City on September 12, 2012, shall be maintained as
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Eagle City Code.
Lot 5, Block 4 and Lot 3, Block 5 shall be recognized as Buildable with Non-Build Agreement
lots("Lots")to be re-platted with a future development. The required Design Review application
for the development shall include the Lots shown as common open space lots and landscaped as
required pursuant to Eagle City Code. The Owner shall not be required to landscape the Lots
provided the Lots are actively farmed. Upon the cessation of the farming operation for more than
9 months or the adjacent property to the west is sold to another party, whichever occurs first,the
Owner shall have 180-days to construct the required landscape improvements on the Lots.
Should the Lots be re-platted, Owner shall maintain the Lots in an attractive manner including,
but not limited to weed control, mowing, irrigating, fertilization and maintenance of any
landscaping on the Lots,until such time the Lots are developed. The Owner shall provide a letter
of credit, to be maintained as the City as its beneficiary in the amount of 150% of the cost of
landscaping improvements for the Lots prior to the City Clerk signing the first final plat. Such
letter of credit shall not be terminated nor lapse without the prior written approval of the City of
Eagle.
3.7 Final plat applications submitted in compliance with the approved preliminary plat phasing plan
shall be submitted in an orderly and reasonable manner in intervals not to exceed two (2) years
following the recordation of the preceding final plat. (Such final plat applications shall be
considered for final approval without resubmission of the preliminary plat for approval). Any
final plat shall be recorded within two (2)years following Eagle City Council action on the final
plat; provided however, Eagle City Council may approve the extension of such two (2) year
period, which approval shall not be unreasonably withheld, for a period of time not to exceed
two (2)years to facilitate the completion of improvements required by the applicable sections of
Eagle City Code. As part of its consideration to extend the time frame in this Section, Eagle
City Council may require applicant to adhere to subdivision ordinances and resolutions in effect
at the time the extension is requested.
COUNCIL DECISION REGARDING THE PLANNED UNIT DEVELOPMENT AND
PRELIMINARY PLAT:
The Council voted 4 to 0 to approve Lanewood Planned Unit Development (CU-03-12/PPUD-01-
12/PP-03-12) for SCS Kimberland, LLC, with the following Planning and Zoning Commission
recommended site specific and standard conditions of approval with strike through text to be deleted
by the Council and underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-03-12.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all outstanding Engineering and Legal fees
incurred by the City in obtaining a review of this project upon receipt of an invoice(s)by the City.
(ECC 9-2-3 [C] [3] [1])
4. The applicant shall submit a design review application showing: 1) proposed subdivision signage,
2) planting details within the proposed and required landscape islands and knuckles and all
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common areas throughout the subdivision 3) building elevations for all proposed common area
structures and irrigation pump house 4) landscape screening details of the irrigation pump house,
5) useable amenities such as picnic tables, covered shelters, benches, playground equipment,
gazebos, and/or similar amenities. The design review application shall be reviewed and approved
by the Design Review Board prior to the submittal of a final plat application. (ECC 8-2A-1)
5. The developer shall provide 3 inch minimum caliper shade class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets within this
development. Trees shall be placed at the front of each lot on the side lot lines, or as approved by
the Design Review Board and within five-feet (5') of the edge of the roadway. Prior to the Gity
- • , .- ..- • -• •- . - issuance of any occupancy permits
for the homes, all required trees, sod, and irrigation shall be installed : .- • .•- - - - - •°• - - - - . . •.• . . •. - •
. . -----
within landscape strips. -- . : . .. . ., . . . .. . -•-• . --
hemes: A temporary occupancy may be issued if weather does not permit landscaping however, a
surety in accordance with Eagle City Code Section 9-4-2-2 for 150% fo the cost of the installation
of all landscape and irrigation improvements shall be provided to the City. (ECC 8-2A-7[E] and
ECC 8-2A-18)
6. ... ' •
7. - . . _ -- -- -
8. The applicant shall submit a design review and alternative method of compliance applications to
address the required landscape/screening buffers to be located adjacent to North Linder Road and
West Floating Feather Road. The design review application shall be reviewed and approved by the
Design Review Board prior to the submittal of a final plat application. The City Council desires
Design Review Board review, however the City Council acknowledges that 35-feet is a sufficient
width for the buffer area to be located adjacent to West Floating Feather Road and North Linder
Road.
9. -- •.: • •• . - - •- • -• - - . . . •-_ . minimum total of 20% open
• -, -- -. - -• - . . . - •. . . - _ . way lets. The revised preliminary plat
10. All internal pathways shall be a minimum of eight six feet(86') in width. (ECC 9-4-1-6 [D][1])
11. The applicant shall provide a revised Site Plan L1.0, showing all fencing located adjacent to a
common area to be open style fencing, prior to the submittal of a design review application. Lots
26, 38, and 41, Block2, (located adjacent to open space that abuts West French Glen Drive), in
addition to all lots located adjacent to common areas that abuts Floating Feather Road, Linder
Road, North Champions Way, and West Olde World Street shall be permitted to have solid
fencing. The fence design type shall be reviewed and approved by the Design Review Board; the
Design Review Board should consider the noise concerns and privacy issues for those lots located
along the roadway,(ECC 9-3-10, 9-4-1-6 [D][6][a], and 9-5-4-2[H])
12. The applicant shall provide a revised preliminary showing plat note #2 revised to read "The
interior side yard lot line shall have a five-foot (5') wide easement for public utilities, property
drainage, and pressurized irrigation with the exception of Lot 18 and Lot 19, Block 1, which said
side lot easement located at the north property line of each respective lot shall have a 12-foot wide
utility easement to accommodate the central sewer line and the central water line." The revised
preliminary plat shall be provided prior to the submittal of a design review application. (ECC 9-3-
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6)
13. The applicant shall provide a revised preliminary plat with plat note#7 revised to read, "Vehicular
access to lots along N. Linder Road and W. Floating Feather Road is prohibited unless specifically
allowed by the Ada County Highway District and the City of Eagle." The revised preliminary plat
shall be provided prior to the submittal of a design review application. (ECC 9-4-1-2)
14. The applicant shall provide a revised preliminary plat with plat note#10, revised to read, "All rear
lot lines shall have a 12-foot wide public utilities, property drainage, and pressurized irrigation
easement." The revised preliminary plat shall be provided prior the submittal of a design review
application."(ECC 9-3-6)
15. The applicant shall provide a revised preliminary plat with a new plat note #11, revised to read,
"Vehicular access to Lot 3, Block 5, along N. Champions Way is prohibited unless specifically
allowed by the Ada County Highway District and the City of Eagle."The revised preliminary plat
shall be provided prior to the submittal of a design review application. (ECC 9-4-1-2)
16. A note shall be placed on the final plat indicating that the side setback(that side adjacent to the
pathway)for lots adjacent to interior pathways shall be 15-feet minimum from the paved edge of
the adjacent pathway. (ECC 9-4-1-6[D][3])
17. The single-family dwellings shall be constructed in substantial conformance with the architectural
styles shown on the Lanewood Subdivision P.U.D. Site Plan S1.0, date stamped by the City on
September 12, 2012. (ECC 8-6-5-5 [A][2][c])
18.
.. . .
submittal of a design review application. (ECC 9 4 1 6 [D][1])
19. The applicant shall provide a revised preliminary plat and Site Plan 1.0, showing a ten six foot
(4-06') wide pedestrian pathway located within the common lot located adjacent to the road right-
of-way of West Floating Feather Road and North Linder Road. The revised preliminary plat shall
be provided prior to the submittal of a design review application. (ECC 9-4-1-6[B][2][a] and 9-4-
1-6[D][1])
20. The required setbacks shall be as follows:
Setbacks:
Front 20' Living area
25' Front of garage(measured from property line)
Rear 25'*
Interior Side 5'(per story)
Street Side 20'
Maximum Coverage 40%
* The rear setback for Lots 3-22 and 31, Block 1 and Lots 7-20, Block 2 shall be 15-feet. No
structure may be permitted to encroach into any easement.
21. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat. (ECC
9-4-1-2)
22. The entire Lanewood Planned Unit Development shall remain under the control of one
Homeowner's Association. (ECC 9-3-8[D][4])
23. The architectural styles provided by the applicant shall be the required architectural styles for the
development. Photo examples of the above descriptive language, are attached as Exhibit`B"of the
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development agreement are incorporated herein by reference. To assure compliance with this
condition, the applicant shall create an architectural control committee (ACC) as a component of
the subdivision 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 fmal plat application for phase one. (ECC 9-5-4-2)
24. The submittal of the building permit application to the City for each home within the development
shall be accompanied by an approval letter from the Architectural Control Committee (ACC).
Building permits applications that do not have an approval letter attached will not be accepted.
25. To assure compliance with the PUD conditions of approval herein, the City reserves the right to
deny, at its discretion, any building permit application that does not meet the architectural
requirements and as required in site specific condition of approval#23 above of the PUD.
26. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat application
indicating that the Lanewood Homeowner's Association is responsible for all maintenance of the
common landscape areas in the subdivision. The CC&Rs for the Lanewood Homeowner's
Association shall provide that the association 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. (ECC 9-3-8[D][4])
27. The applicant shall provide a schedule indicating the timeframe for the development of the site
prior to the submittal of a design review application. (ECC 8-6-6-2[A])
28. Any stub street which is expected to be extended in the future shall be provided with a sign
generally stating that, "This Street is to be extended in the future."(ECC 9-4-1-2)
29. Comply with the requirements of all drainage and irrigation districts.
30. 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.
31. The applicant shall install at the entrances to the Lanewood Planned Unit Development 4' x 4'
plywood or other hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs
being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud
music, and no dogs off leash. The signs shall be installed prior to the issuance of any building
permits.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the
plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not be
necessary.
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4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service,prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on the
street side of the home or shall have their sewer drainage system designed with a stub at the house
front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights
appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred
from said lands by the owner thereof; or the subdivider shall provide for underground title or other like
satisfactory underground conduit to permit the delivery of water to those landowners within the
subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria for
pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall be
approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the
construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk,prior to the City Engineer signing the final plat.
The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City
Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all
runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line
onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, drainage district, drainage entity,
or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the entity. A
Registered Engineer shall certify that any ditch rerouting,piping, covering or otherwise changing the
existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure
any person or persons using or interested in such ditch or their property; and(3) satisfied the Idaho
Standards for Public Works Construction. A copy of such written approval and certification shall be
filed with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
12. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation
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entity associated with such ditch,pipe or other structure, drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the
City Clerk signing the final plat.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
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
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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 fmal 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 fmal plat has received the approval of the City Council (ECC 9-6-5
(A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
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31. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
32. 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.
33. 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.
34. 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.
35. 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 Eagle City Hall (Freedom Room) at 6:00 PM, Wednesday, June 13,
2012, in compliance with the application submittal requirement of Eagle City Code. The applications for
this item were received for this item by the City of Eagle on July 27, 2012.
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
September 14, 2012, in the Idaho Statesman and on September 17, 2012, in the Valley Times. 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
September 11, 2012. Requests for agencies' reviews were transmitted on July 31, 2012 in accordance with
the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on
September 14, 2012.
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 19, 2012. 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
October 26, 2012. The site was posted in accordance with the Eagle City Code October 26, 2012.
3. The Council reviewed the particular facts and circumstances of this proposed rezone with a development
agreement (RZ-03-12) 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 applications are in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of R-3-DA-P (Residential up to three units per acre with a
development agreement — PUD) complies with the Residential Two designation as shown on the
Comprehensive Plan land Use Map since the applicant is not proposing more than two units per
acre; and
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 required to be provided, to serve a
single-family dwelling residential subdivision on this property under the proposed zone;
c. The proposed R-3-DA-P (Residential up to three units per acre with a development agreement —
PUD) zoning district is compatible with the RUT (Rural-Urban Transitional — Ada County
designation) zone and land use to the north since this area is designated Residential Two in the
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Comprehensive Plan and could be developed in the same manner as the proposed development;
and
d. The proposed R-3-DA-P (Residential up to three units per acre with a development agreement —
PUD) zoning district is compatible with the R-2-DA-P (Residential up to two units per acre with a
development agreement — PUD) zone and land use to the south since this area is designated as
Residential Two in the Comprehensive Plan and is developed in the same manner as the proposed
development; and
e. The proposed R-3-DA-P (Residential up to three units per acre with a development agreement —
PUD) zoning district is compatible with RUT (Rural-Urban Transition - Ada County designation)
zone and land uses to the east since this area is designated Residential Two in the Comprehensive
Plan and could be developed in the same manner as the proposed development; and
f. The proposed R-3-DA-P (Residential up to three units per acre with a development agreement —
PUD) zoning district RUT (Rural-Urban Transition - Ada County designation) zone and land use
to the west since this area is designated Residential Two in the Comprehensive Plan and could be
developed in the same manner as the proposed development; and
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
4. The Council reviewed the particular facts and circumstances of this proposed rezone, conditional use
permit, preliminary development plan, and preliminary plat (CU-03-12/PPUD-01-12/PP-01-12) 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:
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 intent of The Lanewood PUD is to provide a development with a transition of lot sizes, and a
variety of single housing types; and
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.
The Lanewood PUD is designed to not exceed the total allowed density of Residential Two(up to
two(2)units per acre)in the overall development. The proposed development provides a variety of
lot sizes and housing types to blend in with the adjacent development and future development; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
The development will have access to Floating Feather Road through a collector street. The site will
be served by central water and sewer; and
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.
No major impacts are expected as this development should only develop normal traffic patterns
that would be related to a residential subdivision development. The proposed dwelling units on
the site will be compatible with existing residential units in the area; and
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.
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All central services are available to be extended to the site, 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.
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 the sewer,water or highway district.
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.
The development plan was designed with consideration given to usable open space and pedestrian
pathways.
h. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
The development will include stub streets to the adjacent parcels which will provide intra-
neighborhood connectivity upon development of the adjacent properties. Access to the
development will be from West Floating Feather Road. The design and construction of the
roadways and entrances is guided by the Ada County Highway District.
That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
No natural, scenic, or historic features of major importance are known to exist on the 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 fits well with the Comprehensive Plan since the Plan calls for
Residential Two(up to two(2)units per acre)and will provide a variety of housing types to
accommodate residents with varying lifestyle needs.
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 application requests approval for a preliminary development plan and conditional use permit
as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet
the conditions herein. In addition,the developer will be required to submit an application for
design review and comply with all Eagle City Codes and conditions of approval of the design
review.
1. 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.
Residential is the only use approved for this development.
In case of large—scale PUDs(incorporating fifty(50)or more lots or dwelling units):
m. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction,parks and open space,
recreation, maintenance, schools and solid waste collection.
The public services that would be provided to the development include the following:
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Fire Protection
The development is located within the boundaries of the Eagle Fire District and the District has a
fire station located less than a mile from the development.
Police Protection
The project will be served by the Eagle Police Department.
Water Service
The project is located within an area that is certificated by United Water Company of Idaho. The
water infrastructure will be constructed at the developer's expense.
Sewer
The project is located within the boundaries of the Eagle Sewer District. Prior to the developer
installing the required sewer the developer will be required to comply with the District
requirements.
Road Construction
The construction of all roads within the development will be completed by the developer. Upon
completion,the roads will be dedicated to the Ada County Highway District.
Parks and Open Space
The development will contain over 20%of passive and active open space providing the residents a
variety of recreation options from which to choose. A pathway will provide residents a safe and
efficient way to move through the development. The project will also generate park impact fees to
be utilized for the creation of additional parks or add new equipment to existing parks within the
City of Eagle.
Maintenance
The maintenance of any private open space areas will be regulated by The Lanewood Home
Owner's Association. The roads, sewer, and water infrastructure will be publicly owned and
maintained by the respective agencies.
Schools
The Lanewood Planned Unit Development is located within the Joint School District No. 2 district
boundaries. Elementary age children will be required to attend Star Elementary School. Eagle
Middle School and Eagle High School will provide the secondary education needs for the children
within the development. Galileo Magnet School and North Star Charter School are located less
than a mile from the proposed development. Joint School District No. 2 has also acquired land
west of Highway 16. The site west of Highway 16 is sized to accommodate a future elementary,
middle, and high school.
Solid Waste Collection
Solid waste collection is provided by Republic Services through a contract with the City of Eagle.
n. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
The development will not create excessive additional requirements at public cost for public
facilities and services because the facilities and services will be constructed at the expense of the
developer as conditioned within the approval.
o. That an estimate of the tax revenue that will be generated from the development has been provided
by the developer.
The estimated tax revenue generated to the City of Eagle from the development at build-out is
$20,000/annually.
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p. That suggested public (or private) means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. Because the developer provides the services in the initial stages
of development the public service providers avoid potential liability and expenses.
DATED this 11th day of December, 2012
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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mes D. Reynolds, ay�Jr �•''••*'•4.` 0W
ATTEST: •(..., ••••0
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Sharon K. Bergmann, agle Ci Clerk 14••• 14.,"Y
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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