Findings - PZ - 2016 - RZ-05-02/RZ-03-16 & PP-03-05 MOD 2 - Rz From R-1 To Mu-Da/Lakemoor Subd/Previously Approved 409-Lot/178.91 Acre0 DI ' 1 DI DY.'[f]/ 1
IN THE MATTER OF AN APPLICATION )
FOR A REZONE WITH A DEVELOPMENT )
AGREEMENT MODIFICATION, )
DEVELOPMENT AGREEMENT IN LIEU OF A )
PUD AND PRELIMINARY PLAT MODIFICATION)
FOR L[+AKEMOOR SUBDIVISION FOR DMB )
INVESTMENTS, ESTME�Np TS, L(°rLC/B. YY .(°+EAGLEq,� INC.C�r )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-05-02 MOD4/RZ-03-16 & PP -03-05 MOD2
The above -entitled rezone with development agreement modification, development agreement in lieu of a
PUD, and preliminary plat modification applications came before the Eagle PIanning and Zoning
Commission for their recommendation on July 5, 2016, at which time public testimony was taken and the
public hearing was closed. The Commission, 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/B.W. Eagle, Inc., represented by Dan Torfin, is requesting a rezone from
R-1 (Residential) to MU -DA (Mixed Use with a development agreement in lieu of a PUD), a
development agreement modification, and preliminary plat modification for Lakemoor
Subdivision, a previously approved 409 -lot (existing platted 223 residential, I4 commercial, and
21 common [7 private road]; proposed 117 residential lots [32 attached], 16 commercial lots, 18
common lots [3 private street lots and 1 utility lot]). The entire 178.91 -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 at Eagle City Hall (Council Chambers) from 6:30 „ 8:00 PM,
Wednesday, March 23, 2016, in compliance with the application submittal requirement of Eagle
City Code. The applications for this item were received by the City of Eagle on April 18, 2016.
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 June 20, 2016. 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 June 20, 2016. Requests for agencies'
reviews were transmitted on April 25, 2016, in accordance with the requirements of the Eagle City
Code. The site was posted in accordance with the Eagle City Code on June 24, 2016..
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 28, 1992, the City Council denied an annexation, rezone, and preliminary plat (A-911
R2-911 PP -91) for Fall Creek Subdivision.
On January 4, 1993, the City Council approved an annexation, rezone, and preliminary plat (A-911
R2-911 PP -91) for a revised version of Fall Creek Subdivision. That preliminary plat approval has
since lapsed.
On July 22, 2003, the City Council approved a Comprehensive Plan Amendment (CPA -4-02) to
Pagel of 41
K.Vlmning IkplllagIL AppbcalinrtsXSU6SlIIX)il1zmxlnr Sub AIUU: pif doc
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,
,1 cc, (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. I
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. 10504897 1) (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 Lakernoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid
u nti I 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 -08-1 1).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 4 for
DMB Investments, LLC (FP -04-13).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 5 for
DMB Investments, LLC (FP -07-13).
On July 14, 2015, the City Council approved the final plat for Lakemoor Subdivision No. 6 for
DMB Investments, LLC (FP -08-15).
On February 23, 2016, the City Council approved a modification to the development agreement
for William Shultz (RZ-05-02 MOD3).
On April 12, 2016, the City Council approved the final plat for Lakemoor Commercial
Subdivision for Hawkins Companies, LLC (FP -02-16).
E COMPANION APPLICATIONS: All applications are inclusive herein.
Page 2 of 41
Page 3 of 41
K.Mll tming U'.w.r,NW;ark- Sub MOD polfelm
COMP PLAN ZONING
LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use -1 (Residential) and -
Planned Unit
A (Mixed Use with a
Development (PUD)
development agreement in
consisting of Office,
lieu of a PUD)
Commercial, and
Residential (Lakemoor
Subdivision)
No Change MU -DA (Mixed Use with a
Proposed
Convert two (2) areas of
development agreement in
the PUD from office and
lieu of a PUD) (Area
commercial to single -
currently zoned R-1)
family residential
North of site Residential Two (up to -- A- (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), -2- -P (Residential
up to two units per acre with
a development agreement,
PUD), and - (Mixed
Use with a development
agreement)
South site Residential One (up to -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 -2 ( esidential up to two
Rural Residences
two dwelling units per units per acre) & R-2-PBanbury
Meadows
acre maximum) (Residential up to two units
Subdivision
per acre, PUD)
G. DESIGN REVIEW OVERLAYDISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site 178.91
Total Number of Lots 415
Residential -- 340 (32 -attached)
Commercial — 31
Industrial —
Common— 35
Private Street —
Utility — 1
Total Number of Units -- 340
Single-family — 308
Duplex-, , 0
Multi -family — 32
Total Acreage of AnyOut-Parcels — None
Page 3 of 41
K.Mll tming U'.w.r,NW;ark- Sub MOD polfelm
ADDITIONAL DATA
PROPOSED
1
Dwelling Units Per Gross Acre
Area E: 6.75 -units per acre
Commercial area
Area H and 1: 4.54 -units ,
6per
---------------------
Lot
1 ..L
4!1
Minimum Lot Width1
StreetMinimum ! •-,
-
Total f
•
!
• - Common
f '
4'
Note The site table is based on only Area E, H and 1.
Based on the residential acreage (18.73 -acres) located within Areas E, H and I the
overall density is 4.99
per
Lakemoor Subdivision. The applicant's request is to convert three (3) of the previously approved.
office, commercial, and multi -family residential areas to single-family residential. The proposedi
modification is in conformance with the Eagle Comprehensive Plan, Eagle City Code, and th,--.
executed development #113103020) f to allowed density a0
required open space. The applicant will also be required to comply with the previously approved
Lakemoor Subdivision• ! f; of f 1 !
GreenbeltAreas and Landscape
The preliminary plat, date stamped by the city on May 31, 2016, delineates a 10 -foot wi&
pathway located within Lot 196, Block 7. The pathway provides connectivity between the existin��,
public pathway located within the subdivision and the existing greenbelt located adjacent to thi
south of Boise f I proposing ! construct the 10-footf' asphalt
the City on May 31, 2016, shows a 35 -foot wide buffer area located between the residential lots
d East Joplin
Open ! i
A total of 58.41 -acres (32.65%) of open space is proposed within the overall development. The
open spacearea of a 16.83-acrelot that will1." dedicated othe city as apublicpark
upon completion of the fishing ponds, greenbelt pathway, trailhead, and parking area.
Page 4 o(41
�K:YtMYG9.ing }Iq.°pffl..G&. Sub MOM IjbK4'ac
We �,
The preliminary plat, date stamped by the city on May 31, 2016, shows the commercial area
located within Area E (identified on Exhibit A2 of the executed development agreement
[Instrument #113103020]) reduced from 12.5 -acres to 7.6 -acres in size. As proposed, the
commercial area located within Area E will consist of 16 -commercial lots.
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, of drain
piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses ti:
e reviewed and II IveI rhe i meer anr Ime re ui tha lots be • d
Utility and Drainage Easements, and Underground Utilities:
The applicant is proposing 10 -foot front and rear setbacks. The applicant is proposing 3 -foot side
setbacks within Areas H and I as shown on the preliminary plat, date stamped by the city on May
31, 2016.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no),— No
Pressurized Irrigation:
rlrsrl 71MITZ M, 10 9 01TAM11114.11NI I I
,211 owil INVA;fo Milo
,ullium, ""11;11 m""011011 lot"
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses. histon'c slts and similar irreplaceable asset W SMU=N=Lbt:' I. ' I�
14AIKA911 DII KNIN evgll
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.
STREET DESIGN:
Private and Public Streets
(The street sections described are based on the preliminary plat date stamped by the City on May
31, 2016).
Page 5 of 41
KAMming MpAU& Sub MOD" pfduc
be bordered by a 10 -foot wide pathway on one side of the street and an 8 -foot wide landscape strip
and 5 -foot wide sidewalk on the opposite side of the street.
The street section for South Bridges Way, shows a 50 -foot wide right-of-way inclusive of a 36 -foot
wide roadway section (as measured from back of curb to back of curb) with vertical curbing and
seven -feet (7') of the eight -foot (8') wide landscape strip located within the right-of-way. The
street section also shows five-foot (5') wide sidewalks located adjacent to the landscape strips on
each side of the street.
The street section for South Creek Crossing Wa:,.k shows a 50 -foot wide right-of-way inclusive of a
36 -foot wide roadway section (as measured from back of curb to back of curb) with vertical
width landscape strip on the opposite side of the street. The landscape strip that varies in size is
bordered by a I 1ft wide pathway.
The street section for East Fishing Creek Lane (private), located at the intersection with South
Bridges Way, shows a 60 -foot wide roadway section inclusive of two (2) 22 -foot wide travel lanes
separated by a 10 -foot wide landscape island. The street and landscape island are bordered by
vertical curbing. A portion of the 6 -foot wide landsca-,Pe stri?.s located on each side of the street are
contained within the 60 -foot wide roadway section. The applicant is proposing 5 -foot wide
sidewalks to be located adjacent to the proposed landscape strips.
The a5zSlicanLi_s_9AVDsing
serve the residential dwelling units located within Areas E, H, and I. The street section for the
private street shows a 33 -foot street section inclusive of a 28 -foot wide roadway section (as
measured from back of curb to back of curb) with a 15.5 -foot wide travel lane and a 10.5 -foot
wide travel lane. The applicant is proposing to construct a four -foot (4') wide concrete sidewalk
separated from the back -of -curb by a five-foot (Y) wide landscape strip located adjacent to the
side of the private street with the 10.5 -foot travel lane. 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 (Y) wide landscape strip along
one side of the private street was approved with the previous Lakemoor Subdivision approval.
Applicant's Justification for Private Streets:
See applicant's justcation letter, date stamped by the City on May 13, 2016. The applicant has
also submitted a request to amend Eagle City Code Section 9-3-2-5: Private Streets (ZOA-0 I - 16).
Blocks Less Than 500': None proposed.
Cul-de-sac Design:
Five (5) cul-de-sacs serving the residential lots are proposed within Areas E, H, and 1:
0 Area E: Two (2) cul-de-sacs:
• South Bridgepointe Lane (16 residential lots): 275 -feet in length (hammer head turn".
around located at 190-fect).
• South Three Bridges Lane (16 residential lots): 260 -feet in length (hammer head turn-
around located at 190 -feet).
a Area H: Two (2) cul -de -sacs -
o East Creek Crossing Lane (21 residential lots): 430 -feet in length (circular tum -around
located at 245 -feet).
o East Lake Grove Lane (17 residential lots): 440 -feet in length (circular turn -around located
at 340 -feet).
Page 6 of 41
K."Manning MpIXEaSk AppLicalitirL%%.'iUll.%L'(WKU.Aemt)t)r Sub NIOD2 VAdOC
i
Sidewalks:
See "Public and Private Streets: above.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for the
interior 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
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
171171 11,111113 F-9111511I�IIIIIIIR, pill IN 1 1111111 1 111
Em.
t$612113,lguojafll;.Bolits]ILVIH-- 11Q#J - I 1 0 =0 I TIM IIIIII=111111411
I � allO 1 4
Pursuant to Condition of Development 3.20 of the executed development agreement (Instrument
No. 113103020) the owner is required to provide a site for a future park (Area J). The applicant is
proposing to develop and donate a 16.83 -acre park site to the city.
IN 11INIF.I J I . IN 11111111111 ''1' 1, 1 1105 1 R11 1,11 '1' 11 1,1� "1 1, 1 111 11 1111 1 : 11 1 1 1: mmn=
X -MIT -Or =Jr1I
Evidence of Erosion — no
Fish Habitat — no
Floodplain — Zone—I (shaded) (also referred to as the 500 -year floodplain located within t
proposed park site).
Mature Trees — yes — in the area where the proposed South Creek Crossing Way will provi
connection to Chinden Boulevard (SH -20/26).
Riparian Vegetation — yes — adjacent to Kid Creek running through the southern portion of t
site.
Steep Slopes — yes — adjacent to the southern boundary of the site.
Stream/Creek — yes
Unique Animal Life — unknown
Unique Plant Life — unknown
Page 7 of 41
KAMMing DLp1kU& AI MI pyr,$IW
mimml 11,
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED -Y
Not required
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 June 20, 2016 arc of special
concern (attached to the staff report).
Parks and Pathways Development Commission's Minutes, dated February 18, 2016 (with the
recommendation highlighted) (attached to the staff report).
Ada County Highway District
City of Boise, Public Works Department (email received from John Tensen, City Engineer)
Central District Health
Eagle Fire Department
Tesoro Logistics (2)
West Ada School District
III■ I I!I 1' 11
MOAN 11101 WV a tUNI I I I h' 1111 iiiiiiIll IIIII:
Correspondence received from Don and Claudia Gerhardt, date stamped by the City on June 29,
2016.
Email correspondence received from Matthew Rydzon, dated June 29, 2016.
T'I P"ri_
2016.
-rm Janes -nd RMh�Venard_ date stgrnQed b% t!re Cit%-oT Jurre
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Mixed Use
Suitable coirimaril�i for a varietVA of uses such as limited office. limited commercial. and residential
levelopments. 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,
fetached meandering pathways and appropriate signage controls.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDJLAG
THIS PROPOSAL:
hear$ 114=1440 =I- I
A dwellin- consisting of three (3) or more dwelling units including townbouses; and
CIO 0
condominiums with varying arrangements of entrances and party walls. Multi -family housing may
include public housing.
Page 8 of 41
WPM prfdoc
The ratio of enclosed ground floor area of all buildings on a lot to the horizontally project
area of the lF t, expressed as a percentage.
E1195917—W, IN 11101 11111FINKIIII - mi _1 I - . 6.1 . 91
Single-family and multi -family dwellings are allowed by Conditional Use within the M
(Mixed Use) zoning designation. I
311111111= rMalwaTIN N=Tmmi
w'p
addition, the specific purpose of each zoning district shall be as follows:
FN 1111161
off–ice–,liffi—ited commercial, and residentia—F—rffi–s–di—stnct is intended to ensure compatibi ity o
new development with existing and future development. It is also intended to ensure
assemblage of properties in a unified plan with coordinated and harmonious development
which shall promote outstanding design without unsightly and unsafe strip commercial
development. Uses should complement the uses allowed within the CBD zoning district. All
development requiring a conditional use permit in the MU zoning district, as shown in
section 8-2-3 of this chapter, shall occur under the PUD and/or development agreement
process in accordance with chapter 6 or 10 of this title unless the proposed development
does not meet the area requirements as set forth in section 8-6-5-1 of this title. In that case a
cooperative development, in conjunction with adjacent parcels (to meet the minimum area
requirements), shall be encouraged. Otherwise a conditional use permit shall be required
unless the proposed use is shown as a permitted use in the MU zoning district within section
8-2-3 of this chapter. Residential densities shall not exceed ten (10) dwelling units per gross
acre. When a property is being proposed for rezone to the MU zoning district a development
agreement may be utilized in lieu of the PUD and/or conditional use process if approved by
the city council provided the development agreement includes conditions of development that
are required during the PUD and conditional use process.
Residential dwellings are allowed by Conditional Use within the MU (Mixed Use) zoninN
lesignation.
Restaurant (with drive-through) is a prohibited use in the MU (Mixed Use) zoning district.
Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for th-;
MU (Mixed Use) zone:
=Maximum Minimum MW
Lot Lot Area Lot
Covered t W -4 17-I I t
And
-H*
Page 9 of 41
Sub MOD2 pdAx
8-2-4(G):
A decrease of minimum lot size in a subdivision may be allowed if there is an offsetting
increase of the same square footage in open space and a planned unit development is applied
for and approved.
+ Eagle City Code, Section 8-2A Design Review Overlay District:
8-2A-1: General Applicability:
This article applies to all proposed development located within the design review overlay
district which shall include the entire city limits, and any land annexed into the city after the
date of adoption hereof. Such development includes, but is not limited to, new commercial,
industrial, institutional, office, multi -family residential projects, signs, common areas,
subdivision signage, proposed conversions, proposed changes in land use and/or building use,
exterior remodeling or repainting with a color different than what is existing, exterior
restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the
submittal of a design review application pursuant to this article and fee as prescribed from
time to time by the city council.
The following are specifically excluded from the requirements of the design review overlay
district: development of an individual single-family detached dwelling on a single parcel, an
individual duplex (2 dwelling units), and an individual town home consisting of a maximum
of two (2) dwelling units.
• Eagle City Code Section 8-2A-7: (J) Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or waIls). The purpose of such buffer space is to
physically separate and visually screen adjacent land uses which are not fully compatible
due to differing facilities, activities, or different intensities of use, such as townhouses and
a convenience store, or a high volume roadway and residential dwellings.
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi -family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy,
potentially dangerous, high speed roads. The "buffer area" shall be defined as a common
lot located between the residential lots within the subdivision and the right of way line of
the adjacent roadway. This buffer is required as part of the common area open space
owned and maintained by a homeowners' association. Any landscaping proposed to be
within the public right of way shall not be included as a part of the buffer area required
below. The height for berming/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway (measured at the centerline) to the top
of the proposed berming/fencing. The required buffer area width, plantings, and fencing
are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle Comprehensive Plan:
A minimum of thirty Five feet (35') wide buffer area (not including right of way) shall
be provided with the following plants per one hundred (100) linear feet of right of
way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each
required shade tree may be substituted with two (2) flowering/ornamental trees,
provided that not more than fifty percent (50%) of the shade trees are substituted.
Page 10 of 41
K.lOwning WpIM.aglw^.P MCS:arintnsitiG7X44"4'?4Yd4"i4:V.xlucrutnr.`Sub MUM pddoc
wall is to be provided in combination wi h 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.
CSUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERi
REGARDING THIS PROPOSAL:
0 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 fe
(750') in length and shall terminate with an adequate circular turnaround having
minimum radius of fifty feet (50') of right of way including a landscape island withl
minimum radius of ten feet (10). A minimum of forty feet (40) of pavement shall
provided between the landscape island and the outside edge of the street as measured fro
the face of curb of the island to the face of curb located on the outside edge of the stre
One traffic control sign stating that on street parking is prohibited within the turnarou
shall be installed at the entrance of the turnaround on the driver's side of the street. T
following exceptions may be considered by the council:
1. Alternative types of turnarounds for cul-de-sacs which will provide access to less th
thirteen (13) dwelling units may be permitted by the city if approved by the fi
department and the highway district having jurisdiction.
1. Private Streets: Private streets that provide access to no more than ten percent (10%) of t
lots may be permitted within planned unit developments provided that the standar
within section 9-3-2-5 of this chapter are met. I
a 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 t
lots within a planned unit development provided the council determines that the priva
streets are in compliance with each of the following standards: 11
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 +,f 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.
Page I I of 41
KAMummS MpALaglu Sub MOD2 pdduc
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.
3. Sidewalks shall be required in accordance with subsection 94-1-617 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.
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 -IG
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
Mage. 12 oW
E.:49'Baminp. IX-put#A Sub NO N PZ Vat,dm
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 certcation 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.
V.. 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.
HIM
�11 rig I I IKWIII I lialiall W I I El In MR- I I I
I . 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:
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
homeowners7property 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
Page 13 of 41
KV11aming sub MOD2 P11doc
private street, be deemed to have agreed to comply with any such order and tIl.
reimburse the city all of its costs, including attorney fees, incurred in obtaining of
enfo—rcin an-, such order. Any order entered by the council pursuant to this subsection
9
may be enforced by a court of competent jurisdiction and the city shall be entitled tv
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.
W 01111MR! Q1111BIM"11 III
xz1��
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.
III I F11111 3111 11111 RON I ;!III
F. Sidewalk Design:
I . Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or
W
at the building setback line, is over one hundred feet (100"), sidewalks on only one
side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County highway district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of
curb by a minimum eight foot (8') wide landscape strip. The landscape strip shall be
completed with sod, automatic irrigation, and planted with three inch (Y) minimum
caliper shade class trees along all streets within the subdivision. Installation of
landscaping shall be in accordance with section 8-2A-7 of this code. The area within
the eight foot (8') wide landscape strip may be counted toward the minimum required
common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line.
Minor variations to the location of a tree may be considered by the design review
board during the review of the subdivision landscape plan.
5. If sidewalk is required on one side of each street only (as provided for in subsection F1
of this section), then the trees on the side of the street with no sidewalk shall be placed
within five feet (5') of the edge of roadway.
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be required fm
ihe protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroadrights of way or other features. Subdivision plats
ihall show the location of all buffer areas.
Page 14 of 41
KAPILLAAmg DepWask, NO MOM p6d=
• Eagle City Code Section 9-5-3: Hillside Subdivisions:
42
9-5-3-1: Preservation of Natural Features:
In order to preserve, retain, enhance and promote the existing and future appearance, natural
topographic features, qualities and resources of hillsides, special consideration shall be given
to the following:
A. Skyline and ridge tops;
B. Rolling grassy landforms, including knolls, ridges and meadows;
C. Tree and shrub masses, grass, wildflowers and topsoil-,
D. Rock outcroppings;
E. Streambeds, draws and drainage swales, especially where tree and plant formations occur;
and
F. Characteristic vistas and scenic panoramas. (Ord. 566, 5-15-2007)
9-5-3-2: Development Evaluation:
A. All development proposals shall take into account and shall be judged by the way in which
land use planning, soil mechanics, engineering geology, hydrology, civil engineering,
environmental and civil design, and architectural and landscape design are applied in
hillside areas, including, but not limited to:
I . Planning on development to fit the topography, soils, geology, hydrology and other
conditions existing on the proposed site;
2. Orientation of development on the site so that grading and other site preparation is
kept to an absolute minimum-,
3. Shaping of essential grading to blend with natural landforms and to minimize the
necessity of padding and/or terracing of building sites,
4. Division of large tracts into smaller workable units on which construction can be
completed within one construction season so that large areas are not left bare and
exposed during the winter -spring runoff period;
5. Completion of paving as rapidly as possible after grading;
6. Allocation of areas not well suited for development because of soil, geology or
hydrology limitations for open space and recreation uses;
7. Minimizing and disruption of existing plant and animal life; and
8. Consideration of the view from and of the hills.
B. Areas having soil, geology or hydrology hazards shall not be developed unless it is shown
that:
1. Their limitations can be overcome;
2. Hazard to life or property will not exist;
3. The safety, use or stability of a public way or drainage channel is not jeopardized; and
4. The natural environment is not subjected to undue impact. (Ord. 566, 5-15-2007)
Page 15 of 41
KT p[X�pffl`asl- Sub 6b OD2 pffduc
II -5-3-3: Engineering Plans:
The developer shall retain a professional engineer(s) to obtain the following information:
A. Soils Report: For any proposed hillside development, a soils engineering report shall be
submitted with the preliminary plat. This report shall include data regarding the nature,
distribution and strength of existing soils, conclusions and recommendations for grading
procedures, design criteria for corrective measures and opinions and recommendations
covering the adequacy of sites to be developed.
B. Geology Report: For any proposed hillside development, a geology report shall be
submitted with the preliminary plat. This report shall include an adequate description of
site geology and an evaluation of the relationship between the proposed development and
0
the underlying geology and recommendations for remedial remedies.
The investigation and subsequent report shall be completed by a professional geologist
registered in the state of Idaho.
C. Hydrology Report: For any proposed hillside development, a hydrology report shall be
submitted with the preliminary plat. This report shall include an adequate description of
the hydrology, conclusions and recommendations regarding the effect of hydrologic
conditions on the proposed development, and opinions and recommendations covering the
adequacy of sites to be developed. (Ord. 566, 5-15-2007)
I I iffl VA wile w4logg"11"i 11411MIMI ff M111MM714no 1�- �1111111014111
1. Approximate limiting dimensions, evaluations or finish contours to be achieved by the
grading, including all cut and fill slopes, proposed drainage channels and related
construction;
2. Preliminary plans and approximate locations of all surface and subsurface drainage
devices, walls, dams, sediment basins, storage reservoirs and other protective devices
to be constructed; and
Final Grading Plan: A final grading plan shall be submitted with each final plat and shall
include the following information -
1. Limiting dimensions, evaluations or finish contours to be achieved by the grading,
including all proposed cut and fill slopes and proposed drainage channels and related
construction;
2. Detailed plans and locations of all surface and subsurface drainage devices, walls,
dams, sediment basins, storage reservoirs and other protective devices to be
constructed; and
3. A schedule showing when each stage of the project will be completed, including the
total area of soil surface which is to be disturbed during each stage together with
estimated starting and completion dates. In no event shall the existing natural
vegetative ground cover be destroyed, removed or disturbed more than fifteen (15)
days prior to grading. (Ord. 566, 5-15-2007)
Page 16 of 41
RMOWnhag DLTAFalk Sub 16OD2 pAdm
Imm
BEff'"
Fill areas shall be prepared by removing organic material such as vegetation and
rubbish, and any other material which is determined by the soils engineer to be
detrimental to proper compaction or otherwise not conducive to stability. No rock or
similar irreducible material with a maximum dimension greater than eight inches (8")
shall be used as fill material in fills that are intended to provide structural strength.
2. Fills shall be compacted to at least ninety five percent (95%) of maximum density, as
determined by AASHTO T99 and ASTM D698.
Cut slopes shall be no steeper than two (2) horizontal to one vertical. Subsurface
drainage shall be provided as necessary for stability.
4. Fill slopes shall be no steeper than two (2) horizontal to one vertical and shall not be
located on natural slopes two to one (2:1) or steeper, or where fill slopes toes out
within twelve feet (12') horizontally of the top of an existing or planned cut slope.
5. Tops and toes of cut and fill slopes shall be set back from property boundaries a
distance of three feet (T) plus one-fifth (1/5) of the height of the cut or fill but need
not exceed a horizontal distance of ten feet (10). Tops and toes of cut and fill slopes
shall be set back from structures a distance of six feet (6) plus one-fifth (115) the
hei ght of the cut or fi 11, but need not exceed ten feet ( 10).
I
The maximum horizontal distance of disturbed soil surfaces shall not exceed seventy
five feet (75).
F-JEP.1,o
1. Road alignments should follow natural terrain and no unnecessary cuts or fills shall be
allowed in order to create additional lots or buildina sites.
ZP
2. One-way streets shall be permitted and encouraged where appropriate for the terrain
and where public safety would not be jeopardized. Maximum width shall be seventeen
feet (I T) between the backs and curbs.
3. The width of the graded section shall extend three feet (Y) beyond the curb back or
edge of pavement on both the cut and fill sides of the roadway. If sidewalk is to be
0
installed parallel to the roadway, the graded section shall be increased by the width of
the sidewalk plus one foot (1) beyond the curb back.
4. Standard six inch (6") vertical curb and gutter shall be installed along both sides of all
paved roadways.
C. Driveways And Parkings: Combinations of collective private driveways, cluster parkirm
areas and on street parallel parking bays shall be used to attempt to optimize the objectiv
of minimum soil disturbance, minimum impervious cover, excellence of design a 11
r
aesthetic sensitivity. (Ord. 566, 5-15-2007)
I MOM=
A. The developer shall submit a slope stabilization and revegetation plan which shall inclu-'"
a complete description of the existing vegetation, the vegetation to be removed and t
method of disposal, the vegetation to be planted and slope stabilization measures to
installed. The plan shall include an analysis of the environmental effects of sul
Page 17 of 41
K!U'Unnint lkpffl'ask Sub WHIZ p&dow
operations, including the effects on slope stability, soil erosion, water quality and fish and
wildlife.
B. Vegetation sufficient to stabilize the soil shall be established on all disturbed areas as each
stage of grading is completed. Areas not contained within lot boundaries shall be protected
with perennial vegetal cover after all construction is completed. Efforts shall be made tt
plant those species that tend to recover from fire damage and do not contribute to a rapid
rate of fire spread.
The developer shall be fully responsible for any destruction of native vegetation proposed
for retention. He shall carry the responsibility both for his own employees and for all
subcontractors from the first day of construction until the notice of completion is filed.
The developer shall be responsible for replacing such destroyed vegetation. (Ord. 566, 5-
15-2007)
MAIN1118TMEEBMEW =11
The owner of any private property on which grading or other work has been performed
pursuant to a grading plan approved or a building permit granted under the provisions of this
title shall continuously maintain and repair all graded surfaces and erosion prevention devices,
retaining walls, drainage structures or means, and other protective devices, plantings and
ground cover installed or completed.
Large scale development subdivisions proposed within the R-2, 1T-i'l, 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:
0
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.
DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The applicant is requesting a modification of the executed Second Amended and Restated
Development Agreement (Instrument No. 113103020) to address the preliminary plat modification
(RZ-05-02 MOD4).
DISCUSSION -
The applicant is requesting a development agreement modification and pre inary
'imiPI
m l u s
modification to convert two (2) of the previously approved for office and corn eej
rcia, uss
multi -family residential permitting up to 16 -dwelling units per acre (Areas H and 1
identified in the executed development agreement — instrument #11313020). The applicant
t
single-family residential.
Page 18 of 41
KAPUndng MpAU&- AppELatisrrL%4L';UE14,%IC14MakemcKn Suh MOD2 pzCdoc
The preliminary plat, date stamped by the City on May 31, 2016, shows I 17 -residential lots
located within Areas E, H and I (identified in the overall site plan (Exhibit A2 contained
within the executed development agreement -- instrument #113103020) 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 May 17, 2016. 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 located to the west of the residential area
and the proposed public park to be located to the east of the residential area. The commercial
area and the public park area may create parking and access problems 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. The applicant has
submitted a separate zoning ordinance amendment (ZOA-0I-I6) to amend Eagle City Code 9-
3-2-5 "Private Streets to allow waivers of the requirements and standards associated with
private streets. Should the zoning ordinance amendment be approved 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'lproperty 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.
® The applicant is proposing to develop Areas H and I (as identified on Exhibit A2 of the
executed development agreement — instrument #113103020) with patio home and townhome
style lots with single-family (detached) homes. The applicant is requesting the following
setbacks be approved for Areas H and I:
IFront10 feet
.......... .... ...... _ ...........
Rear 10 feet
liiiteirior Side3 fret
Additional setback Bair
M.
MM, II o„ 1o,! sIruc1t,u1- % 01ee t
.Miniinuinn Lot Sore 3,5 ADO are feet
In regard to Area E (as identified on Exhibit A2 of the executed development -1_
followingwith the
brow10 feet
11.eairm ..,..,. ..... .. ............. 111..., feet
....
irat gn it ' . ,ipmii 1.11!^ .11.... ".11.�.l.. h ......................... w feet
Mininnii m 11,ol'Size.,... 2,500 s ftp;IN feat
Staff will defer to the Commission and Council in regard to the reduced setbacks. If the
Commission and Council approve the requested setbacks they are identified in Condition of
Development : and 3.9 1
Page 19 of 41
K;414ming Y %-;'pt4 UX*/4��t�re9 .a9unaac"ra'e4,1UR^nY"„[Y{Y,'St$alu:rruranu' S uh MOW pff..dtx
• The preliminary plat, date stamped by the City on May 31, 2016, shows three (3) cul-de-sac
streets, with hammerhead turnarounds, which provide access to more than 13 -dwelling units.
Pursuant to Eagle City Code Section 9-3-2-1(G) cul-de-sac streets that provide access to more
than 13 -dwelling units 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. Eagle Fire Department provided correspondence, date stamped by
the City on May 12, 2016, which indicated that preliminary plat does not show an approved
turnaround at the terminus of South Joplin Creek Lane and South Three Bridges Way. Also, the
hammerhead turnarounds shown at the terminus of South Three Bridges Lane and South
Bridgepointe Lane are not in conformance with Eagle City Code Section 9-3-2-1(G) based on the
number or dwelling units being accessed. The applicant should be required to provide a revised
preliminary plat showing South Joplin Creek Lane, South Three Bridges Lane and South
Bridgcpointe Lane with a circular turnaround as required pursuant to Eagle City Code Section 9-
3-2-1(G). The revised preliminary plat should be provided prior to submittal of a final plat
application.
1- 01 r r r P
public park area (Area J as identified on Exhibit A2 -- instrument #113103020) as 16.83 -ac
in size. The applicant should provide clarification regarding the size of the public park prior
execution of a modified development agreement and submitting a design review application.
Plat note #3, of the preliminary plat, date stamped by the City on May 31, 2016, identifies t
common lots located within the development. Lot 121, Block 9, is a common lot locat
within Area I (as identified on Exhibit A2 — instrument #113103020). Lot 121, Block 9 is n
identified as a common lot within plat note #3. The applicant should be required to provide
revised preliminary plat with plat note #3 revised to include Lot 121, Block 9, as a comm
lot. The revised preliminary plat should be provided prior to submittal of a final pl
application.
Plat note #13, of the preliminary plat, date stamped by the City on May 31, 2016, states th
"building setbacks and dimensional standards shall be in accordance with the City of Eag
standards and are as shown on this plan." The Lakemoor Subdivision has been approved wi
a MU -DA (Mixed Use with a development agreement in lieu of a PUD), therefore, t
building setbacks are identified within the executed development agreement. The applica
should be required to provide a revised preliminary plat with plat note #13 revised to rme
"Building setbacks and dimensional standards shall be in accordance with the City of Eag
standards or as specifically approved with the development agreement associated with RZ-0
02 MOD4 and any subsequent modifications." The revised preliminary plat should
provided prior to submittal of a final plat application.
The preliminary plat, date stamped by the City on May 31, 2016, does not include a plat no
The applicant should be required to provide a revised preliminary plat with a new plat no
that states "All development within this development shall be consistent with the conditions
development within the development agreement associated with RZ-05-02 MOD4 and a
subsequent modifications to the development agreement." The revised preliminary plat shou
be provided prior to submittal of a final plat application.
Page 20 of 41
K U'Luming I Xq047Mpk fqppWafiw&LSU IS S%IjX)5dr' kCfflo4jr SuIM M NIOD2 pef.doc
The preliminary plat, date stamped by the City on May 31, 2016, delineates a petroleum Iine
and 16.5 -foot wide petroleum easement located within the proposed subdivision. Tesoro
Logistics provided correspondence, date stamped by the City on June 8, 2016, which indicates
that they operate a common carrier petroleum products pipeline that spans through the
proposed development. The preliminary plat does not reference the instrument number
associated with the petroleum pipeline easement on the map area of the preliminary plat. Also,
the preliminary plat does not contain a plat note referencing the petroleum pipeline or
instrument number associated with the easement. The applicant should be required to provide
a revised preliminary plat with the petroleum pipeline easement number referenced within the
easement area on the map portion of the preliminary plat. The revised preliminary plat should
also contain a new plat note referencing the Tesoro Logistics Northwest Pipeline and the
instrument number associated with the petroleum pipeline easement. The revised preliminary
plat should be provided prior to the submittal of a final plat application.
The preliminary plat, date stamped by the City on May 31, 2016, shows that all of residential
lots are accessed from private streets. The applicant should provide a revised preliminary plat
with a new plat note that states, "No residential lots should have direct access to South Bridges
Way, East Joplin Creek Way, and East Eagle Gates Drive unless approved by ACHD and the
City of Eagle." The revised preliminary plat should be provided prior to submittal of a final
plat application.
The preliminary plat, date stamped by the City on May 31, 2016, shows significant slopes
contained within the residential Iots located in proximity to the southern area of the proposed
development. The applicant should be required to comply with Eagle City Code Section 9-5-3-
4O, in regard to providing a final grading plan at the time of submittal of final plat
application. The final grading plan should be reviewed and approved by the City Engineer
prior to the City issuing a "Notice to Proceed" with construction letter. Upon completion of the
grading the project engineer should provide certification indicating the grading was completed
in conformance with the approved grading plans prior to the City Clerk signing the final plat.
The CCRs should also contain language with a requirement for the continued maintenance
and repair of all graded surfaces and erosion prevention devices, retaining walls or means, and
other protective devices, plantings, and ground cover installed and completed.
• Eagle Fire Department provided correspondence, date stamped by the City on May 12, 2016,
which indicates the access roadway (South Creek Crossing Way) that provides connection to
Chinden Boulevard should be constructed and approved by the Eagle Fire Department prior to
any building permits being issued in Areas H and I as identified on the Overall Site Plan.
PTAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
I� -d upon the informationprovided to date, staff recommends approval
levelopment agreement modification, development agreement in lieu of a PUD, and preliminary plat
modification l:conditions! approval providedwithin the report.
[tUBLIC HEARINGOF
A. A public hearing on the application was held before the Planningr Zoning Commission
2016, at which time testimony was taken and the public hearing was closed. The Commission mad(. -
1 a ff -ff eTdatnT at t1atfie
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
four (4) individuals (not including the applicant/ representative) who indicated:
• They are supportive of the completion of the park and pathway providing access to the greenbelt
located adjacent to the Boise River.
Page 21 of 41
K Ap=ing 1k k$',4Stl Sub NIOI12 peg.dm
• They are supportive of the proposed reduction of density.
• As proposed the development will help the residents maintain the lifestyle they currently enjoy.
• Replacing the multi -family apartments with townhomes is an improvement.
• A hotel should be constructed within the commercial area.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by two (2) individuals who indicated:
• A concern with the height of commercial buildings located within Area D and E.
• Delivery times should be restricted within the commercial areas.
• Sanitary service pick-up times should be restricted within the commercial area.
• Townhomes should not be permitted within Area E because they overlook Lakemoor Subdivision
Phase 4.
0 A concern with South Bridges Way providing connectivity to the bench area.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by two (2) individuals who indicated:
• Although the applicant is proposing another connection to Chinden Boulevard the applicant
should be required to connect Joplin Road to Chinden Boulevard as well.
• The public park should be increased in size and the number of parking spaces located within the
public parking should be reduced.
• The modified proposal will help maintain the character of the Lakemoor development.
• The traffic created from the additional residential units and commercial area will impact the
development.
• Why are ponds being proposed instead of landscaping within the public park area?
• Who will be responsible for the maintenance of the ponds?
• A concern with the number of phases within the development.
• An additional connection to Chinden Boulevard should be constructed prior to the construction of
additional homes.
COMMISSION DELIBERATION: (Granicus time 2:43:12)
Upon closing the public hearing, the Commission discussed during deliberation that:
• Supportive of a reduction of density from the density of 16 -dwelling units per acre that is permitted
within the executed development agreement.
• Supportive of a public park in the area that will be developed by the applicant.
• There is a desire for quality developments and this proposal provides a good mix of residential units.
• The reduction of density and replacing the multi -family apartments with townhomes will be
commensurate with the completed phases within the Lakemoor development.
• The proposed modification is a positive change for the development.
COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT
AGREEMENT MODIFICATION AND DEVELOPMENT AGREEMENT IN LIEU OF A PUD:
The Commission voted 3 to 0 (Smith and Koellisch absent) to recommend approval of RZ-05-02
MOD4/RZ-03-16 for a rezone with development agreement modification and development agreement in
lieu of a PUD for DMB Investments, LLC/B.W. Eagle, Inc., with the following staff recommended
conditions of development to be placed in the Third Amended and Restated Development Agreement with
underline text to be added by the Commission and strike through text to be deleted by the Commission:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner, as applicable will submit such applications regarding
Page 22 of 41
K"d'b=m& lkplkU& SO FROM pelAx
floodplain development permit review, design review, preliminary and final plat reviews, and/or
3.2 The residential Area A and F ("Carriage Home Sites") as depicted on Exhibit A2 shall
developed by Owner in a combination of attached town homes and detached patio homes at
approximate density of five units per acre. I
Front
15 feet
Rear
10 feet
Common Side (town home) 0 feet
Interior Side
5 feet
Additional Setback for
Multi -Story structures
5 feet
Street Side
15 feet
Rear Setback for Lot 180, Block 7,
7.5 feet
(Lakemoor Subdivision
Any reduction of lot sizes below the minimum lot size of the standard lot within the MU -DA zone
(5,000 square feet) shall require an offsetting increase of the same square footage of open space.
The specific calculation for the offsetting increase of open space and such open space shall be
incorporated into and shall be reviewed with the preliminary plat for Area A.
The residential Area B and G ("Luxury Home Sites") as depicted on Exhibit A2 shall be
developed by DMB for single-family detached homes at an approximate density of two units per
acre.
NUMM32��
Front 20 feet
Rear 25 feet
Interior Side 7.5 feet
.&dditioY4&-_&*,��
Multi -story structures 5 feet per story
Street Side 20 feet
ORAMAIN N I I W I 11-11OG M I DI w. M 1042 0114H 1(W -W1 I M 0 10 luggilmtrAlls 0 1
33M�w�
Front 20 feet
Rear 25 feet
Interior Side 7.5 feet
Additional Setback for
Multi -story structures 2.5 feet per story — When the 2nd story wall section is designed cii
be offset toward the inside of the house from the lower story so that there is "break" in the
?w,l- eravfxst w w, , w w w w VY_2�
feet.
Page 23 of'41
KVLmkag I ^ptWagk, MOW pzf.d4x
5 feet per story - When the first and second story wall sections are designed as a flat, single
plane then the side setback shall be increased by 5 feet for a total side setback of 12.5 feet.
For the purposes of implementation of the setbacks noted herein, the first story shall have a top
plate no higher than ten feet (10').
Street Side 20 feet
The residential portion of this development proposal is recognized by Eagle and Owner as a
desired component to a mixed use development. A residential component substantially in
conformance to that depicted in the Concept Plan shall be maintained.
3.3 The Mixed Use Commercial Area D of the Property, as depicted on Exhibits A2 and A3, is
proposed to be developed by Owner with a combination of any commercial and residential uses
allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under
the MU zoning designation (except as limited in Section 3.9 below), a copy of which is attached as
Exhibit C. Buildings up to a maximum 50,000 square feet each are permitted in Area D. The
maximum height of commercial buildings shall be 50 feet; non -habitable architectural elements
shall be a maximum height of 60 feet. The setback from East Eagles Gate Road shall be a
minimum of 10 feet. Multiple buildings are permitted to be located on the same lot, provided
however, that the maximum lot coverage requirements stated in Eagle City Code are not exceeded.
3.4 Area E, depicted on Exhibit A2, may be developed similar to the commercial uses proposed to be
developed by Owner within Area D (except as limited in Section 3.9 below). If Owner does so
develop Area E, buildings up to a maximum 50,000 square feet each are permitted for this Area E
and multiple buildings are permitted to be located on the same lot, provided however, that the
maximum lot coverage requirements stated in Eagle City Code are not exceeded. The maximum
height of commercial buildings shall be 50 feet; non -habitable architectural elements shall be a
maximum height of 60 feet. If Area E does not become an expansion of the commercial uses
proposed to be developed within Area D, Area E shall be developed as provided in Section 3.5
below.
33.5 -Area E of the Property, as depicted on Exhibit A2, ..,"the
em -3; - -vt ;...A a
lii��Millft° alp q be developed by Owner with a combination of any e k- - 4,�44kgirninielrciall arnd
ri.
idemratual uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations" under the MU zoning designation (except as limited in Section 3.9, below), a copy of
which is attached as Exhibit C. An assisted living facilityl5qui . r h q h &4qyelqpMent shall be a
permitted use within Area E. Buildings up to a maximum of 50,000 square feet each are permitted
for this area. This square foot limitation does not apply to Fitness/Indoor Recreation Facilities,
Education Facilities, and Hotels. The maximum height of Hotels and Office Buildings shall be 50
feet; non -habitable architectural elements shall be a maximum height of 60 feet. Multiple
buildings are permitted to be located on the same lot, provided however, that the maximum lot
coverage requirements stated in Eagle City Code are not exceeded.
The residential lcatsm d licted on Exhibit , are to �a� develol�� „ b� O ne,ir i n a combination of
�._
either attached and/or detached townhomes at an,ro it nake den%nty f 1 -710 unit% et acre.
Setbacks and Minimum Lot Size; for the Townhomes
:Front 10 feet
Pear 10 feet
lnted2c (g9mmn WA, 0 feel
A ICn
`mum (o,t Size ... 2„5 110 sgyAM fq
,A.
Mage 24 of 41
IK.MlUnning Il k pffl.a4k SO Cb OD2 U68k.a4Y4.:
Streets Gated Private„. Streets
Maximum Lot Coverage 600
.6 This Development Agreement approves the height exceptions enumerated in paragraphs 3.3, 3.4,
and 3.5 as allowed by Eagle City Code Section 8 -2A -6(13)(6)(a) based on the Site Development,
Architectural and Landscaping Design Guidelines, defined below, substantially in compliance with
Exhibit E, attached hereto and incorporated herein by reference, and the Design Guidelines
Commercial, defined below, substantially in compliance with Exhibit F, attached hereto and
incorporated herein by reference.
.7 The total square footage of building area for retail uses allowed in Eagle City Code Section 8-2-3
within this development shall not in the aggregate exceed 330,000 square feet.
3.8 Areas H and 1 of the Property, as depicted on Exhibit A2, are to be developed by Owner with a
combination of Patio f jomes .and Townhonq atan i roxornnaie dea L q �uvr r wo�id p
Setbacks and Minimum Lot Size for the Home Sites:
Front, 10 feet
bear 10 feet
Interior Side 3 feet
Additionniletl�icic for
Multi .. toi s,irack Vires 0, (Lek
Minimum Chat Size 3,500 �i��nare feel
Streets mated Private Streets
M . aximurn Lot_ Covera2e
A tete f��oa,,,wideg ltabjic„pejjj �yay,.wi�,l Ib �on�liucted khrough A�re�,is H gill ,,,I to connect Chinden
.., , ,:, .:..n,-�,m, ,
Boulevard to the airn-Yended, and.. m%)p5gdpublic jgak...as*-Victed on Exhibit AL....
viii ,. alliie, iiiil-:r•iitiii, i-;iiii..,it e� i llii ei:l itiiin Eli-gl City t,i le %� tiYiit 8 .2-: X'; 111`kYiod S�Wxli��iiile �If
Y ;.,,:m. ;_.i --i- :... y--fi` - per;,...-I�., -1
- , '-I
P4a -i�-, f4 , f -, .. pi+wv cispan 4, t I ve,4 i i ;reeff i*,- „
Itiiii iii, Ali ,, ,Yl w eliwpirii ill .,ti ire Yw i'`r iii iti�M .t si i�Iti ieinYik rY di rYtiil (A"i wVA"gt l
All uses shown
as "P" pennitted under the MU zoning designation within Eagle City Code Section 8-2-3 "Official
Schedule of District Regulations," a copy of which is attached as Exhibit C, shall be considered
permitted uses. All uses shown as "C" conditional uses under the MU zoning designation within
Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," a copy of which is
attached as Exhibit C, shall require a conditional use permit, except the residential portions of the
s �w.�5 and 3.8 shall not require a conditional use permit. In
Propertyescn e m Sections 3.2. 3. °rµ
addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property:
Residential, Mobile Home (Single Unit);
WFA no all Mll a #
�f�iflf'l iniW"0171 -am I
Page 25 of 41
K MaWag TXptTa&hppYa atiuns°riti4t'Yi, ?'o-6NS41akeememar Suh MOD2 pefdue
Commercial, Adult Business;
Commercial, automotive, mobile home, travel trailer, and/or farm implement sales;
Commercial, Cemetery;
Commercial, Drive -In Theatre;
Commercial, Mortuary;
Commercial, Storage (fenced area);
Industrial, Railroad yard or shop;
Industrial, Terminal yard, trucking; and
Industrial, Truck and equipment repair and sales (heavy).
However, if the permitted and conditional uses in the MU zoning designation are expanded, such
expanded uses shall be allowed as permitted or conditional uses as the case may be.
3.10 Except for the limitations and allowances expressly set forth above and the other terms of this
Development Agreement, the Property can be developed and used consistent with the Mixed Use
District land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations", a copy of which is attached as Exhibit C.
3.11 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for maintenance of all community and privately owned
landscaping and amenities.
(b) A requirement ensuring compliance with the Site Development, Architectural and
Landscaping Design Guidelines attached as Exhibit E or Design Guidelines Commercial
attached as Exhibit F, as applicable, approved with this Development Agreement.
(c) A requirement for the continued maintenance and repair of all graded surfaces and erosion
prevention devices, retaining walls or means, and other protective devices, plantings, and
ground cover installed and completed.
3.12 All development within Areas A through C and F through I, as depicted on Exhibit A2, shall be
consistent with the Site Development, Architectural, and Landscaping Design Guidelines ("Design
Guidelines") attached hereto as Exhibit E and generally consistent with the Concept Plan attached
hereto as Exhibits Al and A2. All development within Areas D through E, as depicted on
Exhibit A2, shall be consistent with the Design Guidelines Commercial attached hereto as
Exhibit F and generally consistent with the Concept Plan attached hereto as Exhibits Al and A2.
The Concept Plan attached hereto indicates the general nature and relative location of certain
elements for the Property. The intent of this Development Agreement is to allow sufficient
flexibility at the time of detailed planning and platting while still maintaining the general intent of
the Concept Plan with the requirements set forth in this Development Agreement. Specific design
elements shall be clarified during the platting and design review application processes. However,
the streetscape as shown on the concept plan (the round -abouts, center islands, and street trees)
shall be required design elements as part of the final design for the site and the open space for
Area D and Area E shall be 25% in the aggregate, and open space for Area F and G shall be a
minimum of 25% in the aggregate, and open space in Area H and Area I (subject to Section 3.9
above) shall be 25% in the aggregate. For the purpose of this Development Agreement, open space
shall be defined as all areas other than buildings, parking lots, roadways, and individual residential
lots within Areas A, B, C, F, and G.
Pap 26 of 41
K %N=mS IRptU_aVk AppklatkirL%' SUNI?s't?f18M1 •ma :igir Sub 14012 wdduc
3.13 Applicant agrees all development and improvement of the Property shall comply with applicable
rules and regulations pertaining to regulated wetlands.
3.14 Applicant will comply with all applicable provisions of Title 10, Flood Control, of the Eagle City
Code.
3.14.1 Area K (as shown on the concept plan as a pond and is 6.2 acres in size) PRO Area J (i1^
show¢a op afro,e,yc,0ncepn pgRp may be used for flood water holding capacity and the area
therein may be used as part of the site's no net loss calculation if the area is included
within the corporate limits of the City of Eagle and is subsequently approved as part of the
floodplain development permit pursuant to Title 10 of the Eagle City Code for the overall
development.
3.15 Owner shall construct a meandering six foot (6') wide (minimum) concrete sidewalk within a one
hundred -foot (100') wide landscape area (not including right-of-way) along the portion of the
Property adjacent to Eagle Road. The possible construction of a sidewalk connecting the sidewalk
required herein to the existing sidewalk located along Eagle Road approximately three hundred
feet (300') south of the southwest corner of the Property was addressed as a part of the preliminary
plat application for the Property.
3.16 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section
9-4-1-6, a minimum ten (10) foot wide public asphalt pathway in a landscaped strip located within
the Chevron Pipeline easement, the design and landscaping for which shall be reviewed and
approved by the Eagle Design Review Board prior to the submittal of the final plat application(s)
wherein the pathway is located. The asphalt pathway, but not the landscaped areas, shall be located
in an easement or easements which shall be dedicated to and accepted by Eagle as provided in
Eagle City Code Section 9-4-1-6:E.2, upon recordation of the final plat(s) wherein the pathway is
located
3.17 Owner shall provide bus stops as may be recommended by Eagle.
3.18 Building placement shall be designed such that parking areas are not concentrated between the
buildings and Eagle Road. The parking areas depicted on the Conceptual Plan for Area D
depicted on Exhibit A3 are not considered to be concentrated between the buildings and Eagle
Road. The side of any buildings facing Eagle Road shall be provided with architectural design
elements and architectural relief, as may be approved by the Eagle Design Review Board.
3.19 Owner shall keep and maintain for use on the Property such irrigation water rights as are
reasonably required in order to provide a pressurized irrigation system or systems for all
landscaped areas on the Property. In the event that Owner desires to transfer, sell or convey any
excess water rights (that is, water rights not necessary to provide an adequate source of irrigation
water for the landscaped areas on the Property), Owner shall first submit to Eagle reasonable
written evidence that such water rights proposed for transfer are not necessary to provide an
adequate source of irrigation water for the landscaped areas on the Property, including Areas D
and E, and reasonable written evidence of the agreement to purchase said water rights by a third
party purchaser and the price and complete terms agreed to be paid therefor. Eagle shall have
forty-five (45) days after receipt of said notice within which to elect, in writing, to purchase such
water rights upon the same terms which Owner is to receive from said third party purchaser,
whereupon the water rights shall be sold to Eagle on such terms and conditions, each party being
bound thereby. In the event Eagle shall not have given written notice of its intent to purchase the
water rights within the said forty-five (45) day period, the first right of refusal created hereby shall
terminate and Owner shall be entitled to sell its water rights free of any right or claim of right by
Eagle. Owner shall have no obligation to Eagle hereunder in the event Owner sells, transfers or
conveys any such excess water rights to any person or entity affiliated with Owner. As used
Page 27 of 41
K:[116inninb MptlUSL K10111 V?,Jac
_ierein, an affiliated person or entity is one which owns, is owned by, or shares any common
imnership with Owner.
3.20 Subject to the conditions and limitations set forth herein, Owner shall provide a 23.05,,, acre
r igIII park site boundary1Propertyll Area K as
generally depicted in Exhibit A2 attached hereto (hereinafter "Park Site") which Park Site is to be
developed-, owned and maintained by and at the expense of Eagle. Owner's obligations to provide
! Park Site shallbe fulfilled asfollows:
® ,�„�,.,��.,g d �m.p. rv„ H and 1[ as de cted on Exhibit r�2 and/ora combination
A. l Jl.;on the d�,v�.lo cnt o � Areas .
thereof" and the... recordation of a foQnal )I t for pti-y p rtii uih. oaf °Area. I-[ aad [ or a s obl i.agioR
thprecpf,�Qwner thrgg0 its,. Iroaritable Foundation (shall r.oMg,[lain fpwhlrc i!WFgyq!M)�
tomthe Park Site for tate benefit o f mttve pna -?jJc and Carle as follows:11.111- 11
I., „ mc,
nstrn�c...,a I o„f,t9w wrani .md4sTa paL t„_WpE .. ca feet ..._to,
inlersect with the existipg 114yg �._,u¢! wgy_,;41gp thy, south side of the s..
° � e �a Doth �°hannel of the
Boise iX „ ,, .,. , t on attached m�nnnnnnnnnnnnnnm�,mn� .. u. , �.
Diver as dcpzct�c9 on attat.h�d Exhibit AL
2. o nstruct,a I ""T'ranlhead Parkpn�f Lot's consiWn0 of 5 .5,,i s wutOparn 2t�a� 5�il��p�t Ptipr
;its, as d,, acaggMUttached Exhibit I.
3. CGonstruct and/or excavate gvprq�-imate9� �q��it,��r'�swpaf far�rid r�n�hin l�ae sqbiqct Pqrk
teL as_, niged orp„'
4. Provide utility stubs to the Park Site. for rerosatr; oh"tea Iiu�nlltti4°iiiy„l�rnt�uu�ftle
fruputy,,:wilal,i �wter itt�; at,,,art ffleut.,,to luu,.,tl lu, bite tv�,.rvlu.,�l,rv,hi iii
l�i;lW,luim �w,trlx sir`�tr�tlnnr�u;.tl�1Iu.�f�uii��i�;a��iu�a,�•�mept�il�ge„ ,., i,. . • :�,
ar�G�f-ter�ti� t�� it °"s�w�tt�law�ea • , .. t�°., ° ' ' ~'
rx�� � _,�.. - ....; �, °• ' �--�,.m , ,,.���� ���n` e�t, ,:�i.,°iluis
I��.,.:,ant�-��ei�'��,�lint-pi����t-�un•tii �iiiu�i t-nuii�^:,.it� p�uigl,,.is
B. Upon completion of the. above Mated tpipb.1ic l�i�aiova�proli nrots�t�up t���pt°�,�r th,u�rnu h pts, fa�tpilt�ata, pp
will dedicate the IF�api, Sit«t 1 a4a„which such dedication shall be subject to the following
restrictions and:
1. The Park Site shall be restricted for use only as a public park and shall act as a non-
residential buffer for Boise City's waste water treatment facility and any expansions
thereof, located easterly of the Property.
2. Dedication of the Park Site shall be subject to all reservations, restrictions and easements
,established of record or by use upon the Premises. The Park Site shall not be made subject
to any restrictive covenants Owner may impose upon any other portion of the Property.
3. Eagle shall obtain Owner's written approval for any and all improvements to be made to
the Park Site prior to the commencement of construction or installation thereof, such
approval not to be unreasonably withheld or delayed over thirty (30) days from the date
sent to Owner. Failure of the Owner to respond to the City within the 30 -day period is
deemed as approved by the Owner.
Page 28 of 41
K Tkum ` g rk-p15P?a&, sun ATOM pat.doc
�F#
n4ends teve"., �-dfld
"s Igelr 4--riid
, cm:
�Ithl"effw— 11`1-ftwki Lagi 414
f'ary
W�RM H 40 MO +1 Of-upflne t^A . .. . . . ... �Iud te 4
6r -I 4t,,
44he
91,
Owner's dedication of the Park Site shall include any and all water rights and/or water shares
or certificates evidencing the same, which are appurtenant to the Park Site, the amount or
number of which shall be calculated on a proportionate basis with the rights appurtenant to the
Property.
", P4 wA
WAA i
1). To the extent permissible under the law, Owner shall be entitled to claim any available income
tax benefits which may arise out of Owner's donation (and, if applicable, development) of the
Park Site as set forth herein, and Eagle shall cooperate with Owner in seeking any such tax
benefits.lz;-44w. -the
and,-ge"Fleral
Page 29 of 41
K U'Linning MptTa& Sub MOW p4dw
0 g
-�K4ff4
3.21 Considerations specifically regarding gravel extraction operations and stub streets to adjacent
properties will be addressed as part of the City's review of any preliminary and final plat
applications for the Property.
Page 10 of 41
K:UILmninr, Depfflla& Sub MOM pz[&v
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT MODIFICATION:
The Commission voted 3 to 0 (Smith and Koellisch absent) recommend approval of PP -03-05 MOD2 for a
preliminary plat modification for Lakemoor Subdivision for DMB Investments, LLC/B.W. Eagle, Inc.,
with the following staff recommended site specific conditions of approval and standard conditions of
approval with strike through text to be deleted by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
I . Comply with all conditions within the development agreement for rezone application RZ-05-02 MOD4
and RZ-03-16.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,
whichever occurs first.
Add W setbaek lines shall be in aeeeFdanee
•that, a
aando a
PeMit BFaREYOF "
5. Should the Zoning Ordinance Amendment (ZOA-01-16) be approved, the applicant shall 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.
6. Provide a revised preliminary plat showing South Joplin Creek Lane, South Three Bridges Lane and South
Bridgepointe Lane with a circular turnaround as required pursuant to Eagle City Code Section 9-3-2-1(G).
The revised preliminary plat shall be provided prior to submittal of a final plat application.
7. The applicant shall provide clarification regarding the size of the public park prior to execution of a
modified development agreement and submitting a design review application.
8. Provide a revised preliminary plat with plat note #3 revised to include Lot 121, Block 9, as a common
lot. The revised preliminary plat shall be provided prior to submittal of a final plat application.
9. Provide a revised preliminary plat with plat note #13 revised 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 MOD4 and any subsequent
modifications." The revised preliminary plat should be provided prior to submittal of a final plat
application.
10. Provide a revised preliminary plat with a new plat note that states "All development within this
development shall be consistent with the conditions of development within the development agreement
associated with RZ-05-02 MOD4 and any subsequent modifications to the development agreement."
The revised preliminary plat shall be provided prior to submittal of a final plat application.
11. Provide a revised preliminary plat with the petroleum pipeline easement number referenced within the
easement area on the map portion of the preliminary plat. The revised preliminary plat shall also
contain a new plat note referencing the Tesoro Logistics Northwest Pipeline and the instrument
number associated with the petroleum pipeline easement. The revised preliminary plat shall be
provided prior to the submittal of a final plat application.
Page 31 of 41
KMUming W&.•pl W agk Sub MOW patdoc
12. Provide a revised preliminary plat with a new plat note that states, "No residential lots shall have direct
access to South Bridges Way, East Joplin Creek Way, and East Eagle Gates Drive unless approved by
ACRD and the City of Eagle." The revised preliminary plat shall be provided prior to submittal of a
final plat application.
13. The applicant shall comply with Eagle City Code Section 9-5-34(B), in regard to providing a final
grading plan at the time of submittal of final plat application. The final grading plan shall be reviewed
and approved by the City Engineer prior to the City issuing a "Notice to Proceed" with construction
letter. Upon completion of the grading the project engineer shall provide certification indicating the
grading was completed in conformance with the approved grading plans prior to the City Clerk signing
the final plat.
14. South Creek Crossing Way that provides connection to Chinden Boulevard shall be constructed and
approved by the Eagle Fire Department prior to any building permits being issued in Areas H and I as
identified on the Overall Site Plan.
15. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed at
the front of each lot generally at each side property line, or as approved by the Design Review Board.
The trees shall be located within an 8 -foot wide landscape strip between the 5 -foot wide concrete
sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install the
required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the
installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any
occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit
landscaping. Partial reduction of the surety may be permitted for any portion of the development that is
completed, including street trees that have been installed. On-going surety for street trees for all
undeveloped portions of the development will be required through project completion.
16. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas or private lots (unless approved for removal the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to
protect all trees that are to be preserved, prior to the commencement of any construction on the site.
17. The Lakemoor Subdivision shall remain under the control of one Homeowner's Association.
18. The applicant shall place a note on the final plat that the pressurized irrigation system and all common
lots are to be owned and maintained by the Homeowner's Association.
I9. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain
the pressurized irrigation system and all common landscape areas in the subdivision are maintained in
a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees in perpetuity.
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:
I . The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the
plat prior to the City Engineer signing the final plat.
Page 32 of 41
EC,tl'=LngMpiVlAgk MODp.dd(x
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not be
necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (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 the 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 94-1-9(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 shaII 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.
Page 33 of 41
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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
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.
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18. The applicant shall submit an application for Design Review, and shall obtain approval for all required
landscaping, common area and subdivision signage prior to the City Engineer signing the final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the
final plat by the City Council.
20u Conservation, recreation and river access easements (if applicable) shall be approved by staff and the
City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines
shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of
the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the
City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive
PIan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All
design and construction shall be in accordance with all applicable City of Eagle Codes unless
specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest submits application to the City of Eagle for a
change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the construction of
or authorize the construction of any of the public improvements required by the Eagle City Code Title
9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5
(A) (2))•
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
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.
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30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a time
extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32, The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
33. 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.
34. The applicant shall take care to Iocate 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.
35. 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.
36. 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:
The Commission reviewed the particular facts and circumstances of this proposed rezone with
development agreement modification (RZ-05-02 MOD4IRZ-03-16) with regard to Eagle City Code
Section 8-7-5 "Action by the Commission and Council", and based upon the information provided
concludes that the proposed rezone is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The zoning designation of MU -DA (Mixed Use with a development agreement in lieu of a PUD)
is in accordance with the Mixed Use designation shown on the Comprehensive Plan Land Use
Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that public facilities exist, or are expected to be provided, to serve all uses
allowed on this property under the proposed zone;
c. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the RUT (Rural -Urban Transitional — Ada County designation) zone and land use
to the north since that area may be developed in a similar manner as designated on the
Comprehensive Plan Land Use Map;
d. The proposed MU -DA (Mixed Use with a development agreement in Iieu of a PUD) zone is
compatible with the MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone
and land use to the south since that area is proposed to be developed in a similar manner;
e. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone
and land use to the east since that area is proposed to be developed in a similar manner;
f. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the R-1 (Residential) zone and land use to the west since that area may be
developed in a similar manner as designated on the Comprehensive Plan Land Use Map
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g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described
within the Eagle Comprehensive Plan and at the time of development the applicant will be
required to address any concerns associated with development in these areas;
h. No non -conforming uses are expected to be created with this rezone if the development agreement
as proposed is required and subsequently complied with.
2. The Commission reviewed the particular facts and circumstances of this proposed development
agreement in Iieu of a PUD, 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 time schedule for the development of the site will occur in a timely manner.
The proposed construction and development will occur in phases over several years; the first phase
was completed in 2006 and a projected final phase in 2020.
b. That the applicant provided documentation to show that it has sufficient control over the land, and
the financial means, to initiate the proposed development plan within one year after City Council
approval.
DMB Investments LLC and/or its affiliates have owned the subject property for the last twenty
years and upon receiving approvals from the City of Eagle commenced construction of the initial
development phase.
c. That the proposed development 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 Lakemoor Development will provide a variety of residential home options for the residents of
Eagle that will support existing Eagle businesses and new commercial development within the
Lakemoor Community; providing additional tax revenue and employment opportunities.
d. 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
will such use not change the essential character of the same area.
The development of Lakemoor will enhance the natural attributes of the property to create a
unique setting that will be harmonious with the adjacent properties, providing open space for the
community and connections to public trails and the Boise River Greenbelt. The architecture will
be aesthetically pleasing and will complement the area and be compatible with existing
developments.
e. That this development will not be hazardous or disturbing to existing or future neighborhood uses.
The development will not create any hazards or disturb the existing and proposed neighborhoods
through its orderly development and design that provides landscaped common areas to buffer the
neighborhoods from roadways and development.
f. 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.
The development will not create any conditions that will be detrimental to the community. The
development is designed to provide mixed uses of residential and commercial construction with
alternative transportation options, such as connections to public pathways and internal pathways to
Page 37 of 41
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reduce reliance on automobile travel where possible. The development meets the requirements and
many goals of Eagle's Comprehensive PIan. The Ada County Highway District has reviewed and
approved the Lakemoor Development and the Idaho Transportation Department has approved
additional access to the State Highway 55 (South Eagle Road).
g. That this this development be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
The initial construction of the development provides connection to all essential infrastructure and
is presently served by the Eagle Sewer District, Suez Water, Idaho, Idaho Power and
Intermountain Gas, including redundant communication service, (i.e. Century Link and Cable
One). Eagle Fire Protection District has approved the project. Collector roadways within
Lakemoor have been constructed to make connections to State Highway 551 Eagle Road. Residents
will be served by the West Ada School District and will receive tax revenues from the
development.
h. That this 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 were installed during the initial
phase of Lakemoor and the cost of those services and improvements were borne by the developer
at no expense to the public. The public facilities and services to be located within the proposed
new phases of the development will also be installed by the developer and the cost of those
services and improvements will be borne by the developer at no expense to the public. Tax
revenues generated by this development will contribute to services such as schools, police and bre
protection.
i. That this development provides for a park, ponds, open areas, areas of special interest, floodplain
and any other special features in the proposed development.
This development provides land for a public park with an emphasis on pathway connections to the
Boise River Greenbelt. The public park will be developed by the developer as conditioned herein.
The development includes landscaped common areas with internal pathways to create a walkable
community. Existing waterways will be enhanced and created to meet the goals of the floodplain
ordinance along with the construction of ponds and lakes that provide opportunities for fish and
wildlife habitat.
j. That the vehicular approaches to the property designed to not create an interference with traffic on
surrounding public thoroughfares.
Access to the development will occur at two connections to State Highway 55 (South Eagle Road)
with a traffic signal at Colchester Drive and a right-in/right-out at Eagles Gate Drive; an additional
connection was also provided to connect development along the north boundary of Lakemoor to
provide a third access to State Highway 55 (South Eagle Road) to the public streets and collectors
within Lakemoor. The development has received approval from both Idaho Transportation
Department and the Ada County Highway District.
k. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
Page 3$ or4l
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Natural features of the property include the Thurman Drain or Kid's Fishing Creek and an existing
side channel of the Boise River all of which have been preserved, enhanced and restored. No
historic features were noted.
1. That the proposed development be harmonious with and in accordance with the general objectives
or with any specific objective of the Eagle Comprehensive Plan.
The proposed development is in accordance with the Eagle Comprehensive Plan which calls for
mixed use for the development of the property.
m. That the proposed development be harmonious with and in accordance with the general objectives
or with any specific objective of Eagle City Code Title 8.
The applicant has requested approval for a development agreement in lieu of a PUD as outlined in
Eagle City Code and the application satisfies those requirements as well as will be required to meet
the conditions herein. In addition, the applicant will be required to submit a design review
application and comply with all Eagle City Codes and conditions of approval of the design review.
The proposed development will include a mix of commercial and single-family development areas.
n. That the benefits derived from various land uses and interrelationship with the surrounding area
for the proposed development justifies the deviations from standard district regulations;
The development provides a unique opportunity of a mixed-use development with a variety of
residential neighborhoods with gated private streets that will provide peaceful and quiet enjoyment
for the residents along with the commercial development that will provide services within walking
distance for the surrounding neighborhoods. Deviations from standard district regulations, (i.e.
reduced lot size, reduced setbacks and increased lot coverage) provide for an opportunity to
provide a wide variety of residential housing types within Lakemoor while providing increased
open space within Lakemoor and for the overall community.
o. That all public services will be provided for 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.
Much of the overall required infrastructure is built within Lakemoor and funded entirely by the
developer, such as collector roadways, sanitary sewer mainlines, domestic waterlines, pressure
irrigation, electrical power and natural gas and communication services. The developer is also
required to provide a public park to be developed with a parking area, ponds, and a greenbelt
pathway as conditioned herein. Revenue generated from taxes will contribute to other public
services such as police, fire and schools. Maintenance of private open space is provided by the
Lakemoor Homeowners Association.
P. That an estimate of the public service costs to provide adequate service to the development has
been provided.
The water, sewer, and roadways will be constructed and funded by the developer. The
infrastructure necessary to serve this property with fire, police, and other public services already
exists. The revenue generated from taxes will cover the additional manpower necessary to serve
this property once developed. The public services that will be provided to the development include
the following:
Fire
The project is located within the Eagle Fire District.
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Police
The project will be served by the Eagle Police Department.
Water
The project is located within Suez Water certificated area.
Sewer
The applicant will be required to comply with the requirements of the Eagle Sewer District.
Road Construction
The construction of all interior roads will be completed by the developer. Upon completion the
public roads will be dedicated to ACHD and the private roads will be operated and maintained by
the homeowners association.
Open Space
The development will contain over 51% of passive and active open space providing residents with
pathways, swimming pool, and ponds. A system of public and private pathways will provide
pedestrians with a safe and efficient way to move throughout the property.
Maintenance
The maintenance of any private open space areas and private streets will be regulated by the
Lakemoor Subdivision Homeowner's Association. The public roads will be maintained by ACHD.
The sewer and water systems will be publicly owned and maintained once installed.
Schools
The residents of the Lakemoor Development are located in the West Ada School District
boundaries.
q. The estimated tax revenue generated by the residential component as proposed will provide
approximately two million dollars of property taxes annually, (without homeowner's exemption).
Tax revenues from the commercial component of Lakemoor will be based on methods of income
calculations and will provide additional tax dollars.
r. Provide 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.
The cost of maintenance of public services for development will be offset by the user fees and tax
revenue generated by the homes and businesses located within the Lakemoor Development.
The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
modification (PP -05-02 MOD2) 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 requested preliminary plat complies with the approved zoning designation of MU -DA (Mixed
Use with a development agreement in lieu of a PUD).
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City
Code since the development is consistent with the Comprehensive Plan Land Use Map designation
of Mixed Use and provides the required improvements for a subdivision or as may be conditioned
herein;
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use will
not change the essential character of the same area and because this site will be designed in
accordance with the requirements of the proposed development agreement modification, standards
of Eagle City Code and the Eagle Architecture and Site Design book (EASD);
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d. Will not create excessive additional requirements at public cost for facilities and services as the
site will be served with central sewer from the Eagle Sewer District and will use public water to be
served from Suez North America. Fire protection will be available from the Eagle Fire
Department and fire hydrants will be provided where required;
e. Will have vehicular approaches to the property designed to not create an interference with traffic
on surrounding public thoroughfares since the project is required to be reviewed and approved by
the Ada County Highway District and the Idaho Transportation Department and is subject to the
conditions herein;
f. While there is no capital improvement program, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
individual lots as conditions of approval;
h. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of the preliminary
plat and subsequent final plat approval as set forth within the conditions of approval herein.
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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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