Findings - CC - 2013 - PP-03-05 MOD - Lakemoor Subd/330 Lot/178.52 Acre/ BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE )
PRELIMINARY PLAT FOR LAKEMOOR )
SUBDIVISION FOR DMB INVESTMENTS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-03-05 MOD
The above-entitled preliminary plat modification application came before the City Council for their action
on February 26, 2013. The 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:
DMB Investments, LLC, represented by Dan Torfin, is requesting preliminary plat
modification approval for Lakemoor Subdivision, a 330-lot (231 buildable [82 attached,
149 detached], 39 mixed use, 59 common [5 private road], and 1 well lot) residential
subdivision. The 178.52-acre site is generally located on the east side of Eagle Road
approximately 1000-feet north of Chinden Boulevard.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held from 6:00 PM to 8:00 PM, Thursday, November 15,
2012, in compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on November 29, 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 January 7, 2013. Notice of this public hearing
was mailed to property owners within three-hundred feet(300-feet)of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on January 11, 2013. Requests for agencies' reviews were transmitted on December
3, 2012 in accordance with the requirements of the Eagle City Code. The site was posted
in accordance with the Eagle City Code on January 11, 2013.
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 February 11, 2013. 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 February 8, 2013. The site was posted in accordance with the Eagle City Code on
February 14, 2013.
D. HISTORY OF PREVIOUS ACTIONS:
On January 28, 1992, the City Council denied an annexation, rezone, and preliminary plat
(A-91/R2-91/PP-91)for Fall Creek Subdivision.
On January 4, 1993, the City Council approved an annexation, rezone, and preliminary
plat (A-91/ R2-91/ PP-91) for a revised version of Fall Creek Subdivision. That
preliminary plat approval has since lapsed.
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On July 22, 2003,the City Council approved a Comprehensive Plan Amendment(CPA-4-
02)to change the land use designation on the Comprehensive Plan Land Use Map from
Residential Two(up to two dwelling units per acre)to Mixed Use, an annexation and
rezone (A-3-02&RZ-5-02)from RUT(Rural Urban Transitional)to MU-DA(Mixed Use
with Development Agreement)and a rezone from R-2 (Residential-up to two dwelling
units per acre)to MU-DA(Mixed Use with Development Agreement)for this site for
B.W. Eagle, Inc.
On May 10, 2005,the City Council approved the preliminary plat for Lakemoor
Subdivision a 178.52-acre, 240-lot(142-residential, 53-commercial,45-common)
subdivision(PP-03-05).
On February 28, 2006,the City Council approved the final plats for Lakemoor
Subdivision No. 1 and Lakemoor Subdivision No. 2 for DMB Investments,Inc., (FP-13-
05/FP-14-05).
On June 19,2007,the City Council approved a modification to the development
agreement for DMB Investments,LLC, and Eagle Lifestyle Center,LLC,by amending
and restating the original development agreement(recorded as Instrument No.
105048971)(RZ-05-02 MOD).
On December 8, 2008,the City Council approved the final plat for Lakemoor Subdivision
No. 3 for DMB Investments, LLC (FP-04-06).
On December 15, 2009,the City Council approved a two(2)year extension of time for the
final plat for Lakemoor Subdivision No. 3 for DMB Investments,LLC. The extension of
time is valid until December 8, 2011 (EXT-21-09).
On October 25, 2011,the City Council approved a one(1)year extension of time for the
final plat for Lakemoor Subdivision No. 3 for DMB Investments,LLC. The extension of
time is valid until December 8, 2012 (EXT-08-11).
E. COMPANION APPLICATIONS:
PP-05-02 MOD2 — A modification of the development agreement associated with
Lakemoor Subdivision.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with a Planned Unit
development agreement) Development(PUD)
consisting of Office,
Commercial, and
Residential (Lakemoor
Subdivision)
Proposed No Change No Change Convert two(2)areas of
the PUD from office and
commercial to single-
family residential
North of site Residential Two(up to R-E-DA-P(Residential up to Laguna Pointe
two dwelling units per one unit per two acres with a Commercial/Residential
acre maximum)and development agreement, Subdivision
Mixed Use PUD),R-2-DA-P(Residential
up to two units per acre with
a development agreement,
PUD), and MU-DA(Mixed
Use with a development
agreement)
South of site Residential One(up to R-1 (Residential) Single-family residences
one dwelling units per
acre maximum)
East of site Not in Eagle Area of RUT(Residential—Ada Boise City Wastewater
Impact County designation) facility
West of site Residential Two(up to R-2 (Residential up to two Rural Residences&
two dwelling units per units per acre)&R-2-P Banbury Meadows
acre maximum) (Residential up to two units Subdivision
per acre,PUD)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,DSDA, or CEDA.
H. SITE DATA:
Total Acreage of Site— 178.5-acres
Total Number of Lots—330
Residential—231
Commercial—39
Industrial—0
Common—60 (includes 5 private road lots and 1 well lot)
Total Number of Units-
Single-family — 231 (includes 82 single-family attached and 149
single-family detached)
Duplex—0
Multi-family—To be determined(Area H and I)
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Total Acreage of Any Out-Parcels—0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre Area F: 3.29-units per acre 5-units per acre maximum
Area G: 1.76-units per acre 2-units per acre maximum
Minimum Lot Size 4,555-square feet 5,000-square feet
Minimum Lot Width 45-feet(L 146, B 7) 50-feet in the MU zoning
district
Minimum Street Frontage 20-feet 0-feet(frontage required only
in residential zoning districts)
Total Acreage of Common Area 5.15-acres for Area F 2.25-acres(min.)for Area F
10.04-acres for Area G 6.12-acres(min.)for Area G
8.37-acres for 20%minimum-
per ECC Section 8-6-5-2.
Percent of Site as Common Area 45% for Area F 20% (minimum)see above
32% for Area G
*Note-The site data table is based on only Area F and Area G.
A portion of the site (Area H and I) is permitted through the executed development agreement
(Instrument No. 107155763) to be developed with multi-family residential dwellings, allowing up
to sixteen-units per acre, although the applicant is permitted to construct office uses instead.
GENERAL SITE DESIGN FEATURES:
The general site design features were approved with the original preliminary plat
associated with Lakemoor Subdivision. The applicant's request is to convert two of the
previously approved office and commercial areas to single-family residential. The
proposed modification is in conformance with the Comprehensive Plan and Eagle City
Code in regard to allowed density and required open space. The applicant will also be
required to comply with the previously approved Lakemoor Subdivision conditions of
approval.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
J. STREET DESIGN:
Private or Public Streets:
The applicant is proposing to construct a private street located within 33-foot wide
common lots to serve the dwelling units located within Area F. The private street within
Area F will be similar to the approved private streets located within Area A. The paved
portions of the street to be constructed will be 28-feet in width. The applicant is proposing
to a construct four-foot (4') wide concrete sidewalk separated from the back-of-curb by a
five-foot (5') wide landscape strip along one side of the private street. Eagle City Code
requires the construction of five-foot wide sidewalks abutting both sides of all streets,
however, the four-foot (4') wide concrete sidewalk separated from the back-of-curb by a
five-foot (5') wide landscape strip along one side of the private street was approved with
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the previous Lakemoor Subdivision approval.
The private street section to be utilized in Area G is similar to the approved private streets
located within Areas B and C. The preliminary plat shows a private street located within a
50-foot wide roadway easement consisting of two (2) travel lanes 18-feet in width with a
six-foot (6') wide borrow ditch located on each side of the street, and five-foot (5') wide
sidewalks located adjacent to the borrow ditch on each side of the street. The sidewalks
are partially located within each lot.
Applicant's Justification for Private Streets(if proposed):None proposed
See applicant's justification letter date stamped by the City on November 29, 2012
(attached)and see the"Discussion"portion of the Staff Analysis below.
Cul-de-sac Design:
Four(4)cul-de-sacs are proposed within Areas F and G:
• Lake Front Lane: 875-feet in length(turn-around area located at 500-feet)
• Lakegrove Lane: Three cul-de-sacs
o 400-feet(north of Bridgepointe Drive)
o 650-feet(east of Brookwater Lane)
o 160-feet(north of Lakegrove Lane [un-named cul-de-sac])
Sidewalks:
See"Private or Public Streets"above.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for
the public streets. The curbs and gutters proposed for the private streets were previously
approved with Lakemoor Subdivision.
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 Name Committee prior to the
submittal of a final plat application.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: (See"Private or Public Streets"above.)
L. PUBLIC USES PROPOSED:
Pursuant to Condition of Development 3.21 of the executed development agreement
(Instrument No. 107155763)Area J may be donated to the city to utilize as a future park.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
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Floodplain—Zone X(shaded)(also referred to as the 500-year floodplain)
Mature Trees — yes — in the area where the proposed road to Chinden Boulevard (SH-20/26) is
proposed to be located.
Riparian Vegetation—yes—adjacent to creek running through the southern portion of the site
Steep Slopes—no
Stream/Creek—yes
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):
An EAP report was previously submitted with the Comprehensive Plan Amendment and
Annexation and Rezone applications(CPA-4-02/A-3-02/RZ-5-02).
P. 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 letter dated January 4, 2013 are of special
concern(attached to the staff report).
Ada County Highway District — Provided a staff report indicating the design standards for the
interior public roads, distance between road access points to Eagle Road, and the width and
paved access requirement for private streets connecting to public streets.
Central District Health — Indicated that central water and central sewer will be required. The
correspondence also indicated that infiltration beds for storm water disposal are considered
shallow injection wells and that an application and fee will need to be submitted to the
department for review and approval of the shallow injection wells.
Chevron Pipe Line Company (CPL)—Indicated that CPL has a conflict with this application due
to the pipe line crosses the proposed development. The correspondence provided information for
contacting CPL and what the company's requirements are regarding encroachments of their
right-of-way.
Eagle Fire Department — Indicated that they have no opposition to the application. The
correspondence also addressed access roads,fire flows, hydrant locations, street signs, electronic
gates for private roads, and mitigation fees.
Idaho Department of Lands —Indicated that the proposed development will not impact any State
Trust Lands.
Idaho Transportation Department—Indicated that the original comments regarding access to the
Lakemoor Subdivision are still valid. The correspondence also addressed the proposed access to
US 20-26 (Chinden Boulevard) and future limitations of access points to US 20-26. The
correspondence also indicated that the approach permit for the proposed access to be located at
Eagles Gate Drive has expired and a new approach permit will be required. The planned location
meets ITD separation policies but some form of median control will be needed to ensure that the
access is limited to right-in/right-out operation.
Middleton Irrigation Association and Middleton Mill Ditch Co. — Indicated that the proposed
development is located outside of their service area.
Republic Services—No comment
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Ringert Clark — Indicated that DMB Development previously entered into a License Agreement
with the Thurman Mill Ditch Company on June 28, 2007. It also indicated that all conditions and
terms of the License Agreement still remain applicable and in full force and effect.
Q. LETTERS FROM THE PUBLIC (attached to the staff report):
Mike and Harriet Scheuermann provided correspondence, date stamped by the City on
January 23, 2013, which indicated their concern with allowing the applicant to modify the
proposed development. The correspondence also indicated that there is no reason to allow
the existing development to be modified.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Mixed Use.
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within Downtown Eagle.
Development within this land use designation should be required to proceed through the
PUD and/or Development Agreement process, see specific planning area text for a
complete description.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major
corridors and natural features through the city. These areas may require berming,
enhanced landscaping, detached meandering pathways and appropriate signage controls.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:None
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-3-2: Streets and Alleys:
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet
(750') in length and shall terminate with an adequate circular turnaround having a
minimum radius of fifty feet(50')of right of way including a landscape island with a
minimum radius of ten feet(10'). A minimum of forty feet(40')of pavement shall be
provided between the landscape island and the outside edge of the street as measured
from the face of curb of the island to the face of curb located on the outside edge of
the street. One traffic control sign stating that on street parking is prohibited within the
turnaround shall be installed at the entrance of the turnaround on the driver's side of
the street. The following exceptions may be considered by the council:
1. Alternative types of turnarounds for cul-de-sacs which will provide access to less
than thirteen(13) dwelling units may be permitted by the city if approved by the
fire department and the highway district having jurisdiction.
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I. Private Streets: Private streets that provide access to no more than ten percent(10%)
of the lots may be permitted within planned unit developments provided that the
standards within section 9-3-2-5 of this chapter are met.
• Eagle City Code Section 9-3-2-5: Private Streets:
Private streets may be permitted, in the discretion of the council, subject to the following:
A. Compliance: Private streets may provide access to no more than ten percent(10%)of
the lots within a planned unit development provided the council determines that the
private streets are in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design,
location,topography, or other features of the development or its surroundings
such that private streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular
and pedestrian traffic, sidewalks, and parking.
3. The private streets shall provide adequate access for service and emergency
vehicles.
4. The private streets do not adversely affect access or good transportation planning
to adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel
layout.
6. Other than to provide emergency access,the private streets do not connect one
public street to another,thereby encouraging travel through the development
served by the private street.
7. The use or alignment of the private streets does not interfere with the continuity of
public streets.
8. An appropriate mechanism has been established for the repair and maintenance of
the private streets, including provisions for the funding thereof.
B. Construction And Design Standards: Private streets shall conform to the following
construction and design requirements:
1. All private street construction shall be in accordance with Ada County Highway
District's structural standards for streets including base course and asphaltic
concrete mat thickness utilizing the appropriate traffic index or as may be
recommended by the city engineer and approved by the city council, and shall
further be in accordance with Ada County highway district's intersection design
and drainage requirements, or as may be recommended by the city engineer and
approved by the city council.
2. Except as may be otherwise set forth in this section,private streets shall meet such
design and dimensional requirements as the council may determine are
appropriate considering the proposed use and the site upon which the private
streets are to be placed, however, all private streets shall contain paved travel
lanes a minimum of twelve feet(12') in width(except as noted herein)and shall
otherwise provide for the safe, convenient, and effective movement of both
vehicular and pedestrian traffic. Vertical curbing shall be provided for streets that
are less than thirty four feet(34') in total width.
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3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including,
but not limited to, designated parking and"no parking" areas, speed, stop, and
such other signs as are required for safe pedestrian and vehicle travel.
5. All private streets shall, during the progress of construction, be inspected and
tested, at the expense of the owner or developer, by a qualified inspector in order
to ensure compliance with the construction and design standards set forth in this
section,the construction drawings as prepared by the registered professional
engineer, and good engineering and construction practices. Reports of such
inspections and tests shall be submitted,together with a certification of such
compliance, for the review and approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public
right of way, or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-
1 G of this chapter and subject to the approval of the Eagle fire district and
city engineer and provided further that proper maintenance of the island is
provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the
Eagle fire district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer, and city council.
7. The design of all private streets and related storm drainage facilities shall be
prepared by a licensed professional engineer in the state in substantial
conformance with engineering and design standards in effect at the time of
preparation of the design. Construction drawings,together with a certification of
such conformity, shall be submitted for the review and approval by the city
engineer.No part of this section shall be construed as allowing a private street that
is not in conformance with current engineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title,the provision which establishes the higher and/or more
restrictive standard shall prevail,unless specifically determined otherwise by the
city council.
C. Access And Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost
estimate therefor prepared by a licensed professional engineer in the state,
together with a proposed method for funding the same, including,but not limited
to,the creation and maintenance of a reserve fund for that purpose, shall be
submitted with the final plat application for review and approval by the city
engineer and city council.
2. The location of the private street shall be clearly depicted on the face of the plat
and notes shall be included on the face of the plat which shall:
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a. Act to convey to each lot owner within the subdivision to be served by the
private street the perpetual right of ingress and egress over the described
private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street
cannot be modified and the homeowners'/property owners'association or other
entity cannot be dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be
recorded at the time of recording the plat which said covenant shall create a
homeowners'/property owners'association or substantially similar entity and make
provision for the perpetual maintenance of the private street in accordance with
the approved plan as provided for in subsection Cl of this section. Said restrictive
covenant shall also provide that the said covenant shall run with the land and that
the said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the
city. The said restrictive covenant shall be reviewed and approved by the city
attorney prior to certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or
the entity responsible for the maintenance of any private street approved in
accordance with the provisions of this section to undertake such repair and
maintenance activities as it may determine is necessary to protect the public
health, safety, or welfare and make such expenditures from the funds reserved
therefor as may be required thereby; and the owner or responsible entity shall, as a
condition of approval of any such private street,be deemed to have agreed to
comply with any such order and to reimburse the city all of its costs, including
attorney fees, incurred in obtaining or enforcing any such order. Any order entered
by the council pursuant to this subsection may be enforced by a court of
competent jurisdiction and the city shall be entitled to recover its costs and
attorney fees incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform
to all applicable components of the comprehensive plan.
• 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.
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D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The applicant is requesting a modification of the executed First Amended and Restated
Development Agreement (Instrument No. 107155763) to address the preliminary plat
modification (RZ-05-02 MOD2).
E. DISCUSSION:
• The applicant is requesting a preliminary plat modification to convert two (2) of the
previously approved office and commercial areas to single-family residential which will be
served by private streets.
• The preliminary plat date stamped by the City on November 29, 2012, shows 91-
residential lots located in Areas F and G (identified in the overall site plan date stamped
by the City on November 29, 2012) of the development that will be served by private
streets. The applicant has provided a narrative justifying their request for gated private
streets date stamped by the City on November 29, 2012. The applicant's justification for
the private streets is that they believe the implementation of private streets throughout the
development is an integral part of the success of the development by creating unique and
inviting streetscapes. In addition, the allowance of private streets represents controlling
access to the residential areas through the use of gated drives. The project is a mixed use
project that contains a commercial area to be located to the west of the residential area and
the possibility of a large regional park to be located to the east of the residential area. The
commercial area and the regional park area may create parking and access problem to the
residential areas. It should be noted that all residential lots within the single-family
residential areas of Lakemoor Subdivision are currently being served by private streets.
Pursuant to Eagle City Code private streets may provide access to no more than 10% of
the lots within a planned unit development provided the Council determines that the
private streets are in compliance with specific standards as identified in Eagle City Code
Section 9-3-2-5(A). Staff will defer to the Commission and Council regarding the
approval of this request. Should the Council approve the development with private streets
the applicant should provide a revised preliminary plat which contains plat notes that: 1)
conveys to each lot owner within the subdivision to be served by the private street the
perpetual right of ingress and egress over the described private street, 2) provide that such
perpetual easement shall run with the land, 3) provide that the restrictive covenant for
maintenance and operation of the private streets cannot be modified and the
homeowners'/property owners' association or other entity cannot be dissolved without the
express consent of the city. The revised preliminary plat should be provided prior to
submittal of a final plat application.
• Plat note #6 of the preliminary plat date stamped by the City on November 29, 2012,
states that "utility easements shall be of the designated use and width shown on the plat."
The preliminary plat map does not identify utility, drainage, and irrigation easements. The
applicant should provide a revised preliminary plat which identifies the public utility,
drainage, and irrigation easement widths within the plat notes or delineate the public
utility, drainage, and irrigation easements on the preliminary plat prior to submittal of a
final plat application.
• Plat note #10 of the preliminary plat date stamped by the City on November 29, 2012,
states that "landscaped common lots are located throughout the project and are identified
on the plan. These lots shall be owned and maintained by the homeowners association.
The preliminary plat does not specifically identify the common lots located within the
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subdivision. The applicant should provide a revised preliminary plat with plat note #10
specifically referencing the common lots located within the remaining undeveloped areas
of subdivision. The revised preliminary plat should be provided prior to the submittal of a
design review application.
• Plat note #12 of the preliminary plat date stamped by the City on November 29, 2012,
states that "building setbacks and dimensional standards shall be in accordance with the
City of Eagle standards and are as shown by the tables on this plan." The required
setbacks for the Lakemoor Subdivision are identified within the executed development
agreement; therefore the setbacks should not be identified on the plat. The applicant
should provide a revised preliminary plat with the setback table removed and showing a
revised plat note #12 to read " Building setbacks and dimensional standards shall be in
accordance with the City of Eagle standards or as specifically approved with the
development agreement associated with RZ-05-02 and any subsequent modifications. The
revised preliminary plat should be provided prior to submittal of a final plat application.
• Plat note #15, states in part, that a stormwater drainage easement will be reserved on the
drainage lots for the benefit of ACHD. The applicant should provide a revised preliminary
plat identifying the common lots containing an ACRD stormwater drainage easement prior
to submittal of a final plat application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided, staff recommends approval of the requested preliminary plat
modification for Lakemoor Subdivision with the site specific conditions of approval as noted in the
staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on January
28, 2013, 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 nine(9) individuals
who had the following concerns:
• If the two (2) new residential areas are approved the number of additional residents that will
be utilizing the existing pool will increase and overload the occupant capacity of the pool.
• The impact of additional traffic utilizing the collector road which passes through the
Lakemoor Subdivision.
• The traffic from the proposed residential lots will have a tremendous impact on the existing
homeowners.
• How will the general public access the park site.
• Is there a school site proposed for Area J.
• Whether the applicant will be required to obtain an approved a landscape plan prior to the
development of the proposed residential areas.
• The proposed density of the residential areas.
• With residential being permitted as loft units within the commercial area (Area D) will the
increased density impact the remainder of the development?
• The existing pool does not have enough parking to allow for the additional residential units.
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• If the city does not exercise the park site(Area J)option what will be developed in the area?
• The proposed connection to Chinden Boulevard will impact the residents who currently live
adjacent to Chinden and create additional traffic impacts traveling through Lakemoor
Subdivision.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The request to convert the office and commercial area to residential is reasonable.
• The development is in conformance with the Comprehensive Plan and the existing Mixed
Use(MU)zoning designation.
• The developer is a good steward of the land.
• Supportive of all the ponds within the development.
• The applicant has done a good job addressing all the concerns of the residents of the
subdivision.
• Based on the testimony provided by residents who reside in the subdivision the
Commission indicated that the applicant should work with the residents regarding the
addition of another swimming pool and other amenities (tennis courts) that the residents
could utilize for recreation.
COMMISSION DECISION:
The Commission voted 3 to 0 (Tanner and Villegas absent) to recommend approval of a
preliminary plat modification for Lakemoor Subdivision (PP-03-05 MOD) for DMB Investments,
LLC, with the site specific and standard conditions of approval provided within their findings of
fact and conclusions of law, dated February 4, 2013.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February 4, 2013, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of this proposal was presented to the 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 four(4) individuals
who had the following concerns:
• If the new residential areas are approved the number of additional residents that will be
utilizing the existing pool will increase and overload the occupant capacity of the pool.
• The new residential areas will create a need for additional parking at the existing swimming
pool.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT MODIFICATION:
The Council voted 3 to 0 (Butler absent)to approve a preliminary plat modification for Lakemoor
Subdivision (PP-03-05 MOD) for DMB Investments, LLC, with the following Planning and
Zoning Commission recommended site specific conditions of approval:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-05-02
MOD2.
2. Comply with all conditions of the preliminary plat application PP-03-05.
3. Comply with all requirements of the City Engineer.
4. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
5. The applicant shall comply with all conditions of the Idaho Transportation Department with regard
to access to Eagle Road(SH-55)and Chiinden Boulevard(SH-20/26).
6. If private streets are approved by the City Council provide a copy of the Property Owner
Association CC&Rs providing a plan and schedule for the future repair and maintenance of the
private roadways. The CC&Rs shall be reviewed and approved by the City Engineer prior to the
City Clerk signing the final plat.
7. If private streets are approved by the City Council provide a note on the plat that states that the
restrictive covenant for maintenance of the private roadways cannot be modified and the Property
Owner's association cannot be dissolved without the express consent of the City.
8. Provide a revised preliminary plat which contains plat notes that: 1) conveys to each lot owner
within the subdivision to be served by the private street the perpetual right of ingress and egress
over the described private street, 2) provide that such perpetual easement shall run with the land,
3) provide that the restrictive covenant for maintenance and operation of the private streets cannot
be modified and the homeowners'/property owners' association or other entity cannot be dissolved
without the express consent of the city. The revised preliminary plat shall be provided prior to
submittal of a final plat application.
9. Provide a revised preliminary plat which identifies the public utility, drainage, and irrigation
easement widths within the plat notes or delineate the public utility, drainage, and irrigation
easements on the preliminary plat prior to submittal of a final plat application.
10. Provide a revised preliminary plat with plat note #10 specifically referencing the common lots
located within the remaining undeveloped areas of the subdivision. The revised preliminary plat
shall be provided prior to the submittal of a design review application.
11. Provide a revised preliminary plat with the setback table removed and showing a revised plat note
#12 to read " Building setbacks and dimensional standards shall be in accordance with the City of
Eagle standards or as specifically approved with the development agreement associated with RZ-
05-02 and any subsequent modifications. The revised preliminary plat shall be provided prior to
submittal of a final plat application.
12. Provide a revised preliminary plat identifying the common lots containing an ACRD stormwater
drainage easement prior to submittal of a final plat application.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held from 6:00 PM to 8:00 PM, Thursday, November 15, 2012, in
compliance with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on November 29, 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
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Code on January 7, 2013. Notice of this public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on January 11, 2013. Requests for agencies' reviews
were transmitted on December 3, 2012, in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with the Eagle City Code on January 11, 2013.
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 February 11, 2013. 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 February 8, 2013. The site was posted in accordance
with the Eagle City Code on February 14,2013.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat
modification (PP-3-05 MOD) and based upon the information provided concludes that the proposed
preliminary plat application is in accordance with the City of Eagle Title 9 (Subdivisions)because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document and the proposed residential use is in
accordance with the residential land use designation of this area shown within the
Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police
and fire protection, schools, drainage structures, refuse disposal, water served by individual
wells, and sewer by the utilization of septic systems; or that the persons or agencies
responsible for the establishment of the proposed use shall be able to provide adequately any
such services, as noted in the documentation provided from said agencies and as required as a
part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle Fire
District, Eagle Sewer District, and United Water Company as conditioned herein, there is
adequate public financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Commission and
Council's attention have been adequately addressed by the applicant or will be conditions of
approval as set forth within the conditions of approval herein.
4. The Council reviewed the particular facts and circumstances of the proposed private with regard Eagle
City Code Section 9-3-2-5 (A), "General Standards" for private streets, and based on the information
provided has determined that:
a. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that the private
street will serve to enhance the overall development. The following reasons support the above
noted finding:
The applicant is planning to provide a unique housing opportunity with a combination of lot
types and amenities including a public park site that will bring numerous trips through the
development private roads and gating are allowed to provide a secure and secluded setting;
and
b. The private street within the subdivision provide safe and effective movement of both
vehicular and pedestrian traffic because of the following:
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Only residential lots located within specific areas are being served by these roads and the
commercial and park users will not be able to access this roadway system; therefore, the
number of pedestrian and vehicle trips will be limited: and
c. The private street provides adequate access for service and emergency vehicles:
The Eagle Fire District will be required to approve the design of the roadways, and actuator
devices for emergency vehicles to be installed on any gates, and since the cul-de-sacs have
been designed with large enough turnarounds to accommodate the turning radius of
emergency vehicles; and
d. The private streets within the subdivision do not adversely affect access to adjacent properties:
The private street will not adversely affect access to adjacent properties since it will not take
away existing public street accesses to surrounding properties; and
e. The private streets will not landlock adjacent property due to topography or parcel layout as
shown on the proposed plan, and since all adjacent properties currently have access to public
roadways; and
f. The private streets within the subdivision do not connect one public street to another since
gates will be located on the private streets as conditioned herein; and
g. The use or alignment of the private streets within the subdivision do not interfere with the
continuity of public streets as noted above; and
h. An appropriate mechanism will be established for the repair and maintenance of the private
street, including provisions for the funding thereof, within the required CC&R's for the
subdivision and with any necessary notes to be provided on the final plat, all to be reviewed by
the City Engineer and City Attorney prior to City approval of the final plat.
DATED this 12th day of March, 2013.
CITY COUNCIL
OF THE CITY OF EAGLE
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Regulatory Taking Notice: Applicant has the right,pursuant to section 67-8003, Idaho Code,to request a
regulatory taking analysis
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