Findings - PZ - 2003 - A-2-03/RZ-2-03/CU-5-03/PPUD-1-03/PP-3-03 - A/Rz From Rut To R2-Da-P And Re-Da-P/A-R To R2-Da-P/117.51 Acre/69-Lot
OR\G\NAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR AN
ANNEXATION AND REZONE FROM RUT (RURAL
URBAN TRANSITIONAL) TO R-2-DA-P (RESIDENTIAL
WITH A DEVELOPMENT AGREEMENT AND A PUD) &
R-E-DA-P (RESIDENTIAL-ESTATES WITH A
DEVELOPMENT AGREEMENT AND PUD), A REZONE
FROM A (AGRICULTURAL) TO R-2-DA-P
(RESIDENTIAL WITH A DEVELOPMENT AGREEMENT
AND A PUD) & R-E-DA-P (RESIDENTIAL-ESTATES
WITH A DEVELOPMENT AGREEMENT AND PUD),
A CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN AND PRELIMINARY PLAT
FOR LAGUNA POINTE PLANNED UNIT DEVELOPMENT
FOR LAGUNA POINTE LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-2-03/RZ-2-03/CU-5-03/PPUD-I-O3/PP-3-03
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The above-entitled annexation, rezone, conditional use permit, preliminary development plan, and
preliminary plat applications came before the Eagle Planning and Zoning Commission for their
recommendation on July 28, 2003. The Eagle Planning and Zoning 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:
PROJECT SUMMARY:
Laguna Pointe LLC, represented by Land Consultants Inc., is requesting an annexation
and rezone from RUT (Rural Urban Transition) to R-2-DA-P (Residential up to two units
per acre with development agreement and PUD) and R-E-DA-P (Residential Estates up to
one dwelling unit per two acres with development agreement and PUD), a rezone from A-
R (Agricultural-Residential) to R-2-DA-P (Residential up to two units per acre with
development agreement and PUD) and R-E-DA-P (Residential Estates up to one dwelling
unit per two acres with development agreement and PUD), conditional use, preliminary
development plan, and preliminary plat approvals for Laguna Pointe planned unit
development. The 117 .51-acre development consists of a 69-lot (55-buildable, 14-
common) residential subdivision. The site is located east of Eagle Road approximately Y2-
mile north of Chin den Boulevard at 2260 S. Eagle Road.
A.
B.
APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on May 28,2003.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on June 24,2003. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in
c.
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accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on June 18, 2003. Requests for agencies' reviews were transmitted on May 29,
2003, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSNE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up to 2- A-R (Agricultural- Single-family dwelling,
units per acre max.) & Residential) & RUT (Rural pasture & gravel extraction
Floodway Urban Transition - Ada ponds
County Designation)
Proposed No Change R-E-DA-P (Residential- PUD Residential
Estates PUD with Development
Development Agreement) &
R-2-DA-P (Residential PUD
with Development
Agreement
North of site Residential Two (up to 2- R-2-P (Residential PUD) South Channel of Boise
units per acre max.) & River & Island Woods
Floodway Subdivision
South of site Residential Two (up to 2- RUT (Rural Urban Proposed Lakemoor
units per acre max.) & Transition - Ada County Residential/Commercial
Public/Semi Public Designation) development & Public
Park
East of site Residential Two (up to 2- R-2-P (Residential PUD) & RiversEnd Subdivision &
units per acre max.) RUT (Rural Urban Agricultural land
Transition - Ada County
Designation)
West of site Residential Two (up to 2- A-R (Agricultural- Eagle Road (SH 55) &
units per acre max.) & Residential) & LO-DA-P Cottonwood Creek PUD &
Mixed Use (Limited Office PUD with Agricultural land
Development Agreement)
G.
SITE DATA:
Total Acreage of Site - 117.51
Total Number of Lots - 69
Residential- 55
Commercial - 0
Industrial - 0
Common - 14
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Total Number of Units - 55
Single-family -55
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
Additional Proposed Required
Site Data
Dwelling Units .63* 2-units per acre (maximum) in the R-2 zoning district
Per Gross Acre (.47) I-unit per two acres (maximum) in the R-E zoning district
Minimum Lot 11,668 sq. ft. 17,000 sq. ft. (minimum) in the R-2 zoning district
Size 1.8-acres (minimum) in the R-E zoning district
Except that a decrease of minimum lot size in a subdivision may
be allowed if there is an offsetting increase of the same square-
footage in open space and a planned unit development is applied
for and approved) - per ECC Section 8-2-4 (G).
Minimum Lot 80-feet 75-feet in the R-2 zoning district
Width 100-feet in the R-E zoning district
Minimum 46-feet 35-feet
Street Frontage
Total Acreage 31.6-acres* 13.36-acres (minimum)
of Common (61.4-acres) 11.75-acres for 10% minimum plus 1.615-acres for lots smaller
Lots than the minimum (17,000 SF) - per ECC Section 8-2-4 (G)
Except that, according to ECC Section 9-3-8 (C) the City may
require additional public and/or private park or open space
facilities in PUDs or in subdivisions with 50 or more lots.
Percent of Site 27%* 11.36% (minimum - see above)
as Common (52%) Except that, according to ECC Section 9-3-8 (C) the City may
Area require additional public and/or private park or open space
facilities in PUDs or in subdivisions with 50 or more lots.
* Designates data based on the exclusion of the floodway and wetlands (30.5-acres). Data in
parentheses denotes inclusion of the floodway for comparison only.
0
Special Setbacks proposed for Lots 2-6,13,14,28-36,40,41,50, Block 1, within the R-2 portion
of the development:
Proposed
Standard for R-2 zone
Front 30 feet
Rear 30 feet
Interior Side 10 feet
Street Side 20 feet
Additional 5 feet for multistory
Front
Rear
Interior Side
Street Side
Two-story dwelling
25 feet
25 feet
7.5 feet
20 feet
10 feet
No special setbacks requested for the R-E portion of the development
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H.
GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Will provide a total of27% of common area (11.36% required - see site data above),
which consists mainly of waterways (this figure does not include the floodway or wetland
areas).
The applicant (as stated in the justification letter date stamped by the City on May 28,
2003) plans to construct a pathway system consistent with that shown on the City's
Transportation/Pathway Network Maps #1 and #2. This includes a pathway abutting the
south side of the South Channel of the Boise River, extending from the eastern edge of the
site to a point within the subdivision measuring approximately five hundred feet east of
Eagle Road. From this point, the pathway is proposed to travel south into the subdivision,
following along the main roadway (Laguna Pointe Drive) west to Eagle Road. Sidewalks
and pathways within the subdivision will have connection points with the main pathway to
provide pedestrian circulation throughout the site. A "circular" pathway park within a
"nature preserve", located in the northern portion of the site, is proposed to connect to the
pathway/greenbelt network abutting the Boise River. Further details are provided below
under the "Discussion" portion of the Staff Analysis.
As required by Eagle City Code Section 8-2A-7 (4) (C), the applicant proposes to
construct a seventy-five foot (75') wide buffer along Eagle Road abutting the western
boundary of the development.
Storm Drainage and Flood Control:
Street drainage plans shall be submitted by the applicant as required by the Subdivision
Ordinance. Specific drainage system plans are to be submitted to the City Engineer for
review and approval prior to the City Engineer signing the final plat. The plans are to
show how swales, or drain piping, will be developed in the drainage easements. Also, the
CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) - Not allowed
Preservation of Existing Natural Features:
The parcel is situated along the south side of the South Channel of the Boise River with
numerous existing trees located on the site, which are required to be evaluated by the City
Forester. Eagle City Code Section 9-3-8 (B) states that existing natural features which add
value to residential development and enhance the attractiveness ofthe community (such as
trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
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design of the subdivision. The applicant is proposing to utilize the existing natural
features in the northern portion of the site by constructing a circular pathway system
within a "nature reserve", with a path that will connect to the eventual city-wide greenbelt
system. In addition, ponds resulting from gravel extraction (not considered "natural"
features) on the site will be preserved or modified to provide recreational opportunities for
the residents of the development
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
I.
STREET DESIGN:
Private or Public Streets: Public and Private
The applicant has proposed one public entryway into the subdivision from Eagle Road
(Laguna Pointe Drive), to be constructed as a divided roadway (within sixty-feet of right-
of-way), with twenty-one foot (21') wide lanes separated by an eight-foot (8') wide
landscape island. At an intersection approximately one hundred sixty feet (160') feet east
of Eagle Road, the roadways are designed to narrow to thirty-three foot (33') street
sections (located within fifty-feet (50') of right-of-way) although the two cul-de-sacs at the
eastern terminus of Laguna Shores Drive are proposed to be constructed as twenty-nine
foot (29') street sections within forty-two feet (42') of right-of-way. In addition, a stub
street is proposed to provide a connection to the property to the south of this site. All
public streets are proposed to be constructed with five-foot (5') wide concrete sidewalks
separated from the back of curb by a five-foot wide landscape strip (the landscape strip
will be wider along portions of the main roadway, Laguna Pointe Drive).
The applicant is proposing to construct a system of gated, private streets ending in cul-de-
sacs with a fifty-foot radius. The main private roadway consists of a twenty-nine foot
(29') street section within a forty-two foot (42') wide common lot, intersecting with the
eastern terminus of Laguna Pointe Drive. The private road ends in two cul-de-sacs, one
measuring four hundred fifty feet (450') north of the intersection, and the other measuring
three hundred feet (300') southeast of the intersection. Two twenty foot (20') wide
private roadways are proposed to connect to the main private road, one (1), three hundred
sixty foot (360') long road traveling east, and one (1), two thousand four hundred fifty
foot (2,450') long road traveling southeasterly, both ending in fifty foot (50') radius cul-
de-sacs.
Applicant's Justification for Private Streets (if proposed):
See applicant's justification letter date stamped by the City on May 28,2003.
Blocks Less Than 500': No
Cul-de-Sac Design:
There are two public roadway cul-de-sacs proposed for the subdivision. Both cul-de-sacs
are within the maximum 500-foot length requirements and terminate within a 50-foot
radius right-of way, surrounding a landscaped island.
See discussion under "Private and Public Streets" above for the proposed private street
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cul-de-sacs.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval fi-om that committee is required prior to final plat approval.
J.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
See "Open Space, Greenbelt Areas and Landscape Screening" under "H" above.
K.
PUBLIC USES PROPOSED:
In addition to the pathway along the southern side of the South Channel of the Boise River
(as discussed under "Open Space, Greenbelt Areas and Landscape Screening" under "H"
above), a sportsman access with associated parking will be provided. As indicated in the
letter fi-om the Idaho Department of Lands (date stamped by the City on June 5, 2003) has
obtained a twenty-five foot (25') wide easement for the greenbelt, which has also been
delineated on the preliminary plat.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
M.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - Portions of this area are designated as a Hazard Area
and Special Area in the Comprehensive Plan
Evidence of Erosion - none specifically noted in the EAP
Fish - yes
Floodplain - yes - Boise River Floodplain
Floodway - yes (30.5-acres)
Mature Trees - yes
Riparian Vegetation - yes
Steep Slopes - possibly within mined gravel pits as noted within the EAP
Stream/Creek - yes - South Channel of the Boise River
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - none shown to exist as noted in the EAP
Wildlife - yes
N.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An EAP report has been submitted for review by the City Engineer. The EAP is
incorporated herein by reference.
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O.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated July 18, 2003, are of special
concern (see attached).
Ada County Highway District
Chevron Pipe Line Company
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
Joint School District No.2
P.
LETTERS FROM THE PUBLIC: None received to date
Q.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant states in the narrative that the development is proposed to develop in one (1) phase,
with an estimated final build out in 5 years. Construction is anticipated to begin as soon as
practical after City approvals.
R.
EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non-PUD proposal.
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8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be hannonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cases of large - scale PUDs (incorporatingfifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
For a request of up to 10% of the gross land area to be directed to uses other than residential
(ie; commercial, industrial, public and quasi public uses that are not allowed in the land use
district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
In cases where an increase in residential density of up to 15% of the allowable number of
dwelling units is requested:
22. LANDSCAPING - For up to 5%
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of
existing landscape, pedestrian way treatment, and recreational areas, incorporated into this
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development, exceed that of a non PUD development.
23. SITING - For up to 5%
That the quality of the designs for visual focal points, use of existing features such as
topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation
pattern, physical environment, variation in building setbacks, and building grouping (such as
clustering), incorporated into this development, exceed that of a non PUD development.
24. DESIGN FEATURES - For up to 5%
That the quality of the designs for street sections, architectural styles, harmonious use of
materials, parking areas broken by landscaping features, and varied use of housing types,
incorporated into the development, exceed that of a non PUD development.
S.
GENERAL STANDARDS FOR APPROVAL OF PRIVATE STREETS:
Section 9-3-2-5 (A) General Standards: Private streets may be permitted if the Council
determines that the private street is in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings such
that private streets will serve to enhance the overall development;
2. The private street provides safe and effective movement of both vehicular and
pedestrian traffic;
3. The private street provides adequate access for service and emergency vehicles;
4. The private street does not adversely affect access or good transportation planning to
adjacent property and to the area travel networks;
5. The private street does not land lock adjacent property due to topography or parcel
layout;
6. Other than to provide emergency access, the private street does not connect one public
street to another, encouraging travel through the development served by the private
street;
7. The use or alignment of the private street does not interfere with the continuity of
public streets; and
8. An appropriate mechanism has been established for the repair and maintenance of the
private street, including provisions for the funding thereof.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSNE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 1 - Overview
1.1
City of Eagle Statement of Purpose
d. To ensure that the important environmental features of the City and its Impact Area
are protected and enhanced.
g. To ensure that the development ofland is commensurate with the physical
characteristics of the land.
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h. To protect life and property in areas subject to natural hazards and disasters.
1.
To protect fish, wildlife, and recreation resources.
1.3
The City of Eagle Vision Statement
b. interconnected with user-friendly pathways and roadways;
e. an environmentally aware community with distinctive open space, parks and outdoor
recreation;
Chapter 6 - Land Use
6.3
Land Use Designations
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal
Emergency Management Administration maps along the Boise River and Dry Creek
(Generally shown on the Land Use Map which is a part of this Plan). These areas are to
remain open space because of the nature of the floodway which can pose significant
hazards during a flood event. Also, the floodway areas shall not be considered as a part of
the minimum area of open space required with the zoning ordinance unless developed as
noted within this paragraph, and shall be excluded from the gross land area for calculating
residential densities permitted. Any portion of the floodway developed as a substantially
improved wildlife habitat area open to the public, or useable public open space, such as a
pathways, ball fields, parks, or similar amenities as may be approved by the City Council,
may be credited toward the minimum open space required for a development.
6.7
Implementation Strategies
a. Preserve the natural features and resources of Eagle.
n. Support City of Eagle flood and storm drainage regulations to achieve protection of
property rights, environmental protection and flood damage reduction for community
residents.
Chapter 7 - Natural Resources and Hazard Areas
7.8
Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas within
the Eagle Impact Area. Future areas may be added to the Comprehensive Plan when
deemed necessary.
Areas of flooding consists of two parts: (1) the floodway which is the most severe area of
flooding characterized by deep and fast moving water; and (2) the floodplain which is less
severe than the floodway and is characterized by shallower and slower moving waters at
the time of flooding.
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The Dry Creek floodplain has a potential for flash flooding while the Boise River would
probably flood due to seasonal weather conditions.
A natural state, such as a greenbelt, a wildlife habitat, an agricultural area, an open space
area, a recreational area and/or a nature area may be encouraged in the 100-year floodplain
of the Boise River and Dry Creek.
7.9
Goal
Special concern and attention should be given to the preservation of fish, wildlife, water
resources, air quality, agriculture, open space and recreation-nature areas when
implementing planning and zoning decisions.
Chapter 8 - Transportation
8.3.1
Paths
Function: To provide for recreation and alternative transportation; important to provide
safe continuous thoroughfares with minimal cross flow of vehicular traffic.
Location: Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be located
along roadway right-of-ways and would usually be separated from vehicle travel lanes and
the paved section of the roadway by a median or sidewalk.
8.6 - Implementation Strategies
c. Encourage roadway design standards that are consistent with the Idaho Transportation
Department (ITD), Ada County Highway District (ACHD), Ada Planning Association
(APA), and other agencies that may be responsible for roadway planning and design.
e. Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway Network
Maps #1 and #2, adopted local and regional pathway plans, as may be needed for
intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is not
unnecessarily pushed out onto arterials and collectors.
m. Establish and require minimum setbacks between developments and roadways and to
encourage installation of berms and landscaping for all developments to enhance
safety and to enrich the roadway and community appearance.
p. Encourage sidewalks that are separated from the curb on all streets, except for areas
where Eagle City Code requires sidewalks to abut the curb and where existing
buildings, inordinate environmental impacts, or other impacts make setting the
sidewalk back infeasible. Meandering sidewalks should be required where space
permits. A planter strip of sufficient width for street trees between the sidewalk and
roadway should be required to provide a canopy effect over the roadways. The type of
street trees used should be those which have root systems that have proven to not
cause sidewalk or curb damage when in close proximity to such improvements.
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Chapter 9 - Parks, Recreation and Open Spaces
9.5
9.5.2
9.6
9.6.1
9.6.2
Pathways and Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e. the
Boise River and Dry Creek) and are designed to prevent undesirable encroachment.
Greenbelts may include pathways and/or bike lanes.
Objectives
e. All development should provide developed pathways for connection to Eagle's public
pathway system and/or adjoining development's public pathway system.
g. Improve/provide access to greenbelt/pathway east of Eagle Road on the
south side of the North Channel of the Boise River.
Open Space
Open space is land which is not used for buildings or structures and offers opportunities
for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism,
leisure activities, viewpoints, and wildlife habitat.
Goal
To provide wherever possible open space and natural features such as natural river
frontage, greenbelts, river trails and pathways, creeks, flood plains and flood ways,
drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and
viewpoints for public use and enjoyment.
Objectives
a. To establish open space to protect the fmite resource base of Eagle's natural
environment - air, ground water, surface water, soil, forested areas, plant and wildlife
habitats, agricultural lands, and aquifer recharge, watersheds, and wetlands.
b. To provide an open space setting for active and passive recreation for all age groups
throughout the community.
c. To protect against hazards that are inherent to flood plains, flood ways, steep slopes,
and areas of geological instability.
d. To protect the natural lay of the land (e.g., minimize land disturbance).
e. To protect such unique environmental areas as historical, geological, and
archaeological sites and monuments, natural areas, and wildlife habitat.
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Chapter 11 - Special Areas and Sites
11.1
11.4
Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or sites
should be analyzed according to their defined function. Whenever possible, these sites
should be preserved and conserved as open spaces or for educational and cultural centers.
Development of Special Areas or Sites should take place in a manner that reflects
harmony with their natural environment and recognized qualities which render them
distinctly unique.
The Boise River Floodplain, the Dry Creek Floodplain and the North Foothills possess a
recognized function as a wildlife habitat, floodway and scenic natural resource reflective
of Eagle's rural character.
Implementation Strategies
g. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
h. Encourage the preservation of habitat areas which provide for fish and wildlife.
Chapter 12 - Community Design
12.3
12.4
Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents to
Eagle. City entryways include State Highways 44 (State Street and Alternate Route) and
55 (Eagle Road). These entrances with their landscaping (or lack thereof), commercial
signage and building character provide the first, and oftentimes the most lasting
impressions of the entire community. The City of Eagle has the responsibility to guide
development and redevelopment that occurs along these entryway corridors.
Design review procedures should guide future development and redevelopment of existing
uses. Depending on land uses and buildings, more extensive landscaping and fewer points
of access may be required. The design review process will afford the opportunity to
address the special features of each property and facility in a manner that will best address
the overall intent of enhancing Eagle's entryways. Eagle's entrance corridors may take on
the look ofberrns built adjacent to the Banbury and Lexington Hills Subdivisions.
Implementation Strategies
c. The floodway shall be reserved as a natural state such as a greenbelt, wildlife habitat,
and open space recreational area and for agricultural uses.
k. Encourage the preservation of natural resources such as creeks, drainages, steep
slopes, and ridgelines as visual amenities.
1. Encourage the development of pathways and open-space corridors throughout the City.
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q. Maintain the rural residential character and open space environment in and
around the City.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-1-2 OPEN SPACE:
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas. drainage ditches. irrigation ditches. and similar features shall not be considered as a
part of the minimum area of open space required.
.
ECC Section 8-2-4 (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.
.
ECC Section 8-2-4 (I): Minimum lot frontage, the portion of a lot front adjacent to a public or
private street, for all residential zoning districts shall be 35 feet.
.
ECC Section 8-2A-7 (4) (c) MAJOR ROADWAYS:
New residential developments, including, but not limited to, subdivisions and multi-
family developments, shall be buffered from streets classified as collectors, arterials,
freeways, or expressways, to protect residential communities from noisy, potentially
dangerous, high-speed roads. The buffer area shall be defined as the distance from the
outside wall of the lowest story of any single-family attached or detached dwelling and the
right-of-way line of the roadway. The lowest story must be screened from the view of any
street classified as a collector, arterial, freeway, or expressway. This buffer is required
either on individual lots or as an easement, or as part of the common open space owned
and maintained by a homeowners' association. Any landscaping proposed to be within the
public right of way shall not be included as a part of the buffer area required below. The
height for berming/fencing, as noted below, shall be measured from the elevation of the
final grade of the adjacent roadway (measured at the center line) to the top ofthe proposed
benning/fencing. The required buffer area width, plantings, and fencing are as follows:
Any road designated as a principal arterial on the AP A functional street classification map
and/or any freeway or expressway:
A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: six
(6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, panelized vinyl
fence, decorative block wall or cultured stone, decorative rock, or similarly designed
concrete wall, or combination thereof shall be provided within the buffer area. The
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maximum slope for any berm shall be three feet (3') horizontal distance to one-foot (I')
vertical distance. If a panelized vinyl fence, decorative block wall, or cultured stone,
decorative rock, or similarly designed concrete wall is to be provided, in combination with
the benn, a four foot (4') wide flat area at the top of the benn shall be provided for the
placement of the fence or decorative block wall. Panelized vinyl fencing shall be no higher
than four feet (4'). Chainlink, cedar, and similar high maintenance and/or unsightly
fencing shall not be permitted.
The ten foot (10') minimum height requirement for the benning/fencing shall be permitted
to be decreased one foot (1 ') for every thirteen feet (13') of additional buffer area added to
the seventy five foot (75') wide buffer noted above.
.
ECC Section 8-6-5-2 (B) DEDICATION OF LAND FOR PUBLIC USE:
A required amount of common open space land reserved under a PUD shall either be held
in corporate ownership by owners of the project area for the use of each owner who buys
property within the development or be dedicated to the public and retained as common
open space for parks, recreation and related uses. Public utility and similar easements and
right of way for watercourses and other similar channels are not acceptable for common
open space dedication unless such land or right of way is usable as a trail or other similar
purpose and approved by the council.
.
ECC Section 8-6-1: PURPOSE "PLANNED UNIT DEVELOPMENTS":
It shall be the policy to guide a major development of land and construction by
encouraging planned unit development (PUD) to achieve the following:
A. A maximum choice of living environments by allowing a variety of housing and
building types and permitting an increased density per acre and a reduction in lot
dimensions, yards, building setbacks and area requirements;
B. A more useful pattern of open space and recreation areas and, if pennitted as part of the
project, more convenience in the location of accessory commercial uses, industrial uses
and services;
C. A development pattern which preserves and utilizes natural topography and geologic
features, scenic vistas, trees and other vegetation and prevents the disruption of natural
drainage patterns;
D. A more efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
E. A development pattern in harmony with land use density, transportation and community
facilities objectives of the Comprehensive Plan.
.
ECC Section 8-7-3-3 CONDITIONAL USES "PUBLIC SITES AND OPEN SPACES"
Public sites and open spaces shall conform to the following:
B. Natural Features: Existing natural features which add value to residential development
and enhance the attractiveness of the community (such as trees, water courses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the development.
C. Special Developments: In the case of planned unit developments and large-scale
developments, the Council may require sufficient park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
development.
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.
ECC Section 8-7-3-5: CONDITIONAL USE PERMIT:
D. Conditions Of Pennit: Upon the granting of a conditional use permit, conditions may
be attached to said pennit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this Title.
C. SUBDNISION ORDINANCE PROVISIONS
REGARDING THIS PROPOSAL:
WHICH ARE OF
SPECIAL CONCERN
.
ECC Section 9-3-2-1 (C) stub streets:
Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions
shall be such that said streets extend to the boundary line of the tract to make provisions
for the future extension of said streets into adjacent areas, and shall have a cul-de-sac or
temporary cul-de-sac. A reserve street may be required and held in public ownership.
.
ECC Section 9-3-2-5 (B)(1)(a)
Private streets accessing less than eleven (11) but more than two (2) dwelling units, in
zoning districts which prohibit densities greater than one dwelling unit per two (2) acres
shall have a minimum base course consisting of six inches (6") of compacted 3/4 minus
crushed gravel with a minimum of two and one-half inches (2 1/2") of asphaltic concrete.
.
ECC Section 9-3-2-5 (B)(5) states in part:
All private streets shall originate in a public right of way and tenninate in a public right of
way.
.
ECC Section 9-3-8 (B) Natural Features:
Existing natural features which add value to residential development and enhance the
attractiveness of the community (such as trees, watercourses, historic spots and similar
irreplaceable assets) shall be preserved in the design of the subdivision.
.
ECC Section 9-4-1-6 (D) Pathway Design:
While the city may exercise considerable discretion in detennining the design of
pathways, the following minimum standards should be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum six feet (6') wide and shall be located within a
sixteen-foot (16') wide pedestrian access easement. Regional pathways such as the Boise
River greenbelt and pathways located adjacent to major roadways shall be a minimum ten
feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access
easement.
.
ECC Section 9-5-4-3 (C) Storage Areas:
Storage areas shall be provided for the anticipated needs of boats, campers and trailers.
For typical residential development, one adequate space shall be provided for every two
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(2) living units. This may be reduced by the City Council if there is a showing that the
needs of a particular development are less.
.
ECC Section 9-5-4-3 (E) Maintenance Building:
A maintenance building shall be provided of such size and in such location as is suitable
for the service needs that are necessary for the repair and maintenance of all common
areas.
D. TITLE 10 FLOOD CONTROL PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 10-1-8-5 (D) (4) states in part that all buildings shall be set back a minimum of
fifty-feet (50') from the floodway line.
.
ECC Section 10-1-8-5 (D) Open Areas:
Except for required berms, open areas such as parks, golf courses, greenbelt areas, parking
lots, etc., within the area of special flood hazard shall be designed and operated so that
they may flood and maintain existing natural storage capacity for waters during the base
flood event. Levees or berms shall not be used for flood control.
E. DISCUSSION:
.
The Comprehensive Plan's Land Use Map designates this site as Residential Two (up to two
dwelling units per acre.
.
A Development Agreement has been proposed as a discretionary tool to be used as a condition of
rezoning to assure the proper development of this parcel. The applicant's proposed conditions of
the development are noted below:
2.1 The Concept Plan represents the Owner's current concept for completion of the project. As
the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment
due to potential impacts on surrounding property or the community, a public hearing shall be
held on any proposed change in the Concept Plan, notice shall be provided as may be required
by the City.
2.2 The Property shall be permitted to be developed with approximately 37.38 acres of residential
area to be zoned R-2-DA-P to have a maximum density of 1.20 dwelling units per gross acre
and approximately 80.13 acres to be zoned R-E-DA-P to have a maximum density of .12
dwelling units per acre.
2.3 The Owner shall submit a Design Review application for landscaping for the site (as required
by the Eagle City Code), and shall comply with all conditions required by Eagle as a part of
the Design Review.
2.4 The development shall comply with the Eagle City Code, as it exists in final form at the time
an application is made and the conditions within this agreement shall be satisfied.
The Development Agreement proposed by the applicant is attached for review. Considering the
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aforementioned items are addressed either in Eagle City Code or through conditions of approval as
noted herein, a Development Agreement may not be warranted. Staff will defer to the Planning
and Zoning Commission and the City Council regarding the requirement for a Development
Agreement for this site.
.
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2 shows
a pathway traveling along the south side of the South Channel of the Boise River. A 25-foot wide
easement has previously been obtained, as noted within the letter from the Idaho Department of
Lands (date stamped by the City on June 5, 2003) and as shown on the preliminary plat date
stamped by the City of Eagle on May 28, 2003. The applicant has proposed to construct the
pathway within the easement from the eastern boundary, westerly to a point located approximately
500-feet east of Eagle Road (within Lot 10, Block 1). At this point, the pathway has been
proposed to connect to an asphalt path that will circulate through the subdivision and exit onto
Eagle Road at the intersection of Eagle Road and Laguna Pointe Drive. Other than the asphalt
pathway, construction details of the pathway within the greenbelt easement have not been fully
expressed. The preliminary plat has a note stating that the portion of the pathway traversing
westerly from the east is to have vegetation cleared for a 6-foot wide "natural" footpath. Verbally,
the applicant has stated that the portion of the path that would extend easterly from the sportsman
access (adjacent to Eagle Road and located within Lot 1, Block 1) is not proposed to be a defined
pathway, rather the area would remain substantially as it exists today.
On July 16,2003, the City's Park Development Committee made the following recommendations
regarding the construction of the pathways within the Laguna Pointe Subdivision:
~ From the point of connection with the circular pathway located in Lot 10, Block 1,
and following easterly within the twenty-five foot (25') wide easement along the
South Channel of the Boise River, the pathway shall be a minimum ten-feet (10')
wide, constructed with a four-inch (4") depth of %-inch minus road mix (mixture of
sand and gravel) covered with two-inch depth of gravel, compacted.
~ Within the twenty-five foot (25') wide easement along the South Channel of the Boise
River, between the Sportsman access and the eastern boundary of Lot 9, Block I, the
pathway shall be a two-foot (2') wide natural path, created and maintained by the
clearing of vegetation.
~ The circular pathway located within Lot 10, Block 1, and including the portion of the
path connecting the circular path to the sidewalk abutting Riversedge Drive, shall be
constructed of a crushed cinder material.
~ A ten-foot (10') wide pathway (made of either concrete or asphalt) shall be
constructed along the northern side of Riversedge Drive abutting Lots 1 through 9,
Block 1, extending from the cinder pathway within Lot 10, block 1, to the intersection
of Eagle Road and Laguna Pointe Drive.
~ The pathway within Lot 10, Block 1, and abutting Lots 1-9, Block 1, shall be
maintained, in good repair and free of weeds and debris, by the Laguna Pointe
Homeowners Association.
~ The sportsman's access parking lot located within Lot 1, Block 1, shall have a
minimum of twenty (20) paved parking spaces.
It would appear from the proposed plan that this pathway would provide a link in the City's overall
system of pathways, since the path would extend from the eastern boundary of the property, along
a large portion of the Boise River and onto Eagle Road, with connections to a future regional
pathway available at either terminus of the path. Also, a "micro" pathway located within a
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subdivision is not only conducive to pedestrian circulation within the development but also allows
a connection to the city-wide network of pathways. However, the purpose of a regional pathway is
for the movement of pedestrians from one side of the city to the other, and that function may be
diminished if a "micro" pathway is substituted for a portion of the regional pathway.
The City should consider the following regarding this matter: 1) should the "micro" cinder
pathway and ten-foot (10') concrete pathway abutting Riversedge Drive be considered as a
"substitution" link in the regional pathway, rather than following the entire length of the south
channel of the Boise River; 2) is the mere clearing of vegetation sufficient for defining the
sportsman's access pathway, or should a gravel base material be included in the construction?
.
With developments that are proposed to incorporate ponds and waterways as open space, the
question arises as to the usability of the open space. Eagle City Code Section 8-1-2 states in part
that open space is intended to be a "useable and convenient amenity". This code section further
states, "Wetland areas, drainage ditches, irrigation ditches, and similar features shall not be
considered as a part of the minimum area of open space required". And yet, the 2000 Eagle City
Comprehensive Plan states in chapter nine, "Open space is land which is not used for buildings or
structures and offers opportunities for parks, recreation, water amenities, greenbelts, river trails
and pathways, tourism, leisure activities, viewpoints, and wildlife habitat".
The majority of the open space proposed for the development consists of ponds and waterways
abutting the rear property lines of a number of lots. The Laguna Pointe development has
incorporated the City's goal of providing pathway systems, and preserving natural features in the
open space areas, similar to developments such as Two Rivers Subdivision and RiversEnd
Subdivision. However, it may be considered that the City has recognized that waterways alone do
not provide an inclusive usable amenity, but rather items such as benches, bridges, outlooks, etc.
enable people to interact with the waterways. The applicant has indicated that the waterways may
be utilized for recreational activities such as canoeing, and possibly motorized watercraft (within
the large pond located within the eastern portion of the site), although the specifics of this type of
use have not been identified.
The waterways may be considered an appealing amenity by some and a bothersome nuisance by
others. Waterways provide calming qualities such as serene views with wildlife and plant material
as well as the opportunity for recreation. Waterways may also become clogged with stagnate
water, breeding grounds for pests and overgrowth of plant material. Because information is
lacking as to how the ponds may be used (recreation) and how they are to be maintained,
discussion by the applicant should address these issues.
With the aforementioned items in mind, the City may want to consider requiring more usable
amenities around the pond areas such as sitting areas, sheltered overlooks and similar features. In
addition, if the ponds are to be used for watercraft, locations of access points and information
regarding rules and proposed use of the waterways should be provided. And finally, the
waterways should be designed with measures to alleviate stagnant water and mitigate the growth of
algae and breeding of pests (such as mosquitoes).
It should be noted that the open space calculations are based on the entire development (both the
R-2 zone and the R-E zone) consisting of 117-acres. Since the R-E zone is not required to provide
a minimum amount of open space, staff gave consideration to the open space provided within the
R-2 portion of the site. Consisting of 37.4-acres, the R-2 portion would be required to provide a
minimum 5.35-acres (3.74 -acres for 10% minimum plus 1.615-acres for lots smaller than the
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minimum (17,000 SF) - per ECC Section 8-2-4 (G)). The R-2 portion has been designed to
provide 8.3-acres of common open space.
.
ECC Section 8-6-1 (A) states in part that a reduction in building setbacks may be permitted within
aPUD.
The applicant is proposing the following reduced setbacks: 25' -front, 25' -rear, 7.5' -side (first
story, 10' for the second story), and 20'-street side, for Lots 2-6, 13, 14,28-36,40,41,50, Block
1, (shown as shaded numerals on the preliminary development plan date stamped by the City on
May 28, 2003). The setbacks proposed are similar to the setbacks required in an R-3 zone
(minimum lot size of 10,000 square feet), although the minimum front yard setback in the R-3
zone is 30'. It may be considered that, along with the wide-ranging lot sizes (from 11,668 square
feet to 95,088 square feet within the R-2 portion of the development), the reduced setbacks could
provide a visual relief by alleviating the continuous singular plane created when houses are aligned
on the same front setback in relation to the street.
Lots 2-9, Block 1, include a twenty-five foot wide pathway easement along the northern boundary
of said lots and adjacent to the South Channel of the Boise River. Consideration should be given
to requiring the setbacks to be measured from the easement line, not the property line, to avoid the
potential for dwellings to be located directly abutting the easement. With this in mind, the
proposed reduction in the rear yard setback (as discussed above) would compensate for the siting
of building pads on Lots 2-9, Block 1, measured from the pathway easement line and thus being
located farther from the property line, in which setbacks are normally measured from.
.
The preliminary plat shows a stub street accessing the parcel to the south; the proposed Lakemoor
mixed-use development (both residential and commercial use). As noted within the Ada County
Highway district report of June 18,2003, the ACHD Commission approved the location of the
stub street in this location. A stub street in this location would be conducive to directing traffic to
a possible traffic signal light at the intersection of Colchester Drive and Eagle Road, thereby
alleviating potential conflicts resulting from accessing an "uncontrolled" intersection Laguna
Pointe Drive and Eagle Road). The key to creating a practicable connection between these two
developments is for the two developers to design their respective projects in a manner which best
suits the needs of the traveling public as well as the future residents of the area.
It should be noted that the parcel of land delineated on the preliminary plat just west of the
proposed stub street is meant only as a reference point to show the alignment of the roadway and is
not a part of this development. This delineation does help provide an answer to the future
development of the parcel by providing an alternative access, thereby alleviating the need for
multiple (and conflicting) access points onto Eagle Road.
.
ECC Section 9-5-4-3 (C) requires that storage areas be provided for the anticipated needs of boats,
campers, and trailers. The applicant has requested to deviate from this ordinance and states in the
narrative that the CC&Rs will specify the storage of boats, campers, and trailers in an enclosed
building. The applicant should provide more detail as to where the enclosed building is to be
located, i.e. upon each individual lot or in a central common area. If the Council determines that
individual lot storage is more appropriate than a common storage facility, the applicant should
provide a copy of the CC&Rs for review which define the proper storage of the boats, campers and
trailers. If a common storage area is required, then the applicant should be required to obtain
design review approval and should construct the storage area prior to City Clerk signing the final
plat.
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.
ECC Section 9-5-4-3 (E) requires that a maintenance building be provided of such size and in such
location as is suitable for the service needs that are necessary for the repair and maintenance of all
common areas. The applicant has requested to deviate from this ordinance and states in the
narrative that an outside contractor will be hired by the homeowner's association to maintain and
service the common areas. If the Council determines that an outside maintenance contractor is
more appropriate than an on-site maintenance building, the applicant should provide a copy of the
CC&Rs for review which define the guidelines for the contracting of an outside maintenance firm.
If a maintenance building is required, then the applicant should be required to obtain design
review approval and should construct the maintenance building prior to City Clerk signing the
final plat.
.
The City has received a letter from the Chevron Pipeline (date stamped by the City on June 9,
2003) which states that the Chevron pipeline extends across a portion of this property. While it is
not definitive on the exact location of the pipeline in relation to this site, this should not detract
from the importance of safety and protection regarding the pipeline. The applicant should comply
with the conditions of the Chevron Pipeline letter, one of which is to supply Chevron with plans
showing building locations, landscaping, grading elevations and utilities, to determine what
effects, if any, the development will have on the pipeline. Following that determination, the
applicant should provide the City with documentation outlining the conditions (if any) required of
the developer regarding development of the area.
.
The applicant has proposed to construct a system of gated, private roadways to access the lots
within the R-E portion of the subdivision, with two of the private streets extending from Laguna
Cove Court, a private street that intersects the eastern terminus of the public road named Laguna
Pointe Drive. A gate has been proposed at the aforementioned intersection which, if installed as
designed, would require a cul-de-sac or similar feature to provide a turn-around at the terminus of
the public street since a public right-of-way cannot be gated.
Two issues arise as a result of the proposed private roadway configuration: 1) a private road
emanating from another private road, 2) the placement of the road within an easement versus a
common lot, and the appropriate access to lots being served by the private roadway.
Eagle City Code Section 9-3-2-5 (B)(5) states in part that all private roads shall originate from a
public right-of-way. Two private roads (Laguna Isle Drive, the other street is unnamed) intersect
with the private road named Laguna Cove Court, and therefore does not meet the requirements of
the City ordinances since the streets do not originate in a public right-of-way. Should the Council
consider allowing any private roads to be constructed, then at the very least, the street referred to
as Laguna Cove Court (Lot 1, Block 7) should be dedicated as a public right-of-way, with a
roadway constructed to ACHD standards.
Secondly, Eagle City Code is silent on whether private roads are to be constructed either in a
common lot or within an easement. Past decisions of the City Council have required that all
private roads be within a common lot owned and maintained by the homeowner's association and
specified as such on the final plat. The applicant has proposed Laguna Cove Court to be within a
common lot; the other two private roads are to be within easements that bisect individual buildable
lots. Generally, if an easement is delineated on a plat, with clearly specified notes defining the
purpose of the easement, then its function would appear equal to that of a defined common lot;
both instruments should provide for the conveyance of persons to access adjacent properties, and
include provisions for the proper maintenance of the access. Certainly, easements are a common
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practice for items such as pathways, maintenance, drainage, utilities, etc. which provide for access
or for some other specific purpose. Easements merely presented as a written document only, and
whether referenced on the plat through an instrument number or not, without a clearly defined
"picture" of the outline of the easement, disputes over ownership and the validity of the easement
may occur. In addition, a well-defined and tangible easement, such as a paved driveway, is a
physical attribute for a person to be able to identify the location and function of the easement.
Thus, the point to consider is whether an easement clearly delineated on the plat is equal to the
function of a common lot on a plat, and therefore is an acceptable instrument for access to the
building lots.
It should be noted that if the city determines common lots are more appropriate than an easement
for the private roads, revisions of the lot configurations on the preliminary plat will be necessary.
Staff will defer to the Commission and the Council regarding the installation of gates across the
private roads.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
annexation, rezone, conditional use permit, preliminary development plan, and preliminary plat
applications with the site specific conditions of approval and standard conditions of approval
provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on July 28,
2003, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
D. Oral testimony neither in opposition to, nor in favor of this proposal was presented to the Planning and
Zoning Commission by one (1) individual representing the Chevron Pipeline who requested that the
applicant call "Digline" prior to construction, in order that the location of the pipeline can be clearly
marked to avoid any accidental breaks of the line, and emphasized that communication between the
Chevron representatives and the developer is always an important factor when constructing near the
pipeline.
COMMISSION DECISION:
The Commission voted 3 to 0 (Bandy, Deckers absent) to recommend approval of A-2-03/RZ-2-
03/CU-5-03/PPUD-I-03/PP-3-03 for a rezone upon annexation, conditional use permit,
preliminary development plan, and preliminary plat for Laguna Pointe planned unit development
with the following staff recommended site specific conditions of approval and standard conditions
of approval with underline text to be added by the Commission and strikethrough text to be
deleted by the Commission:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Comply with all site specific recommendations provided within the City's Engineering firm's
(Holladay Engineering) letter dated July 18, 2003.
2.
Comply with all conditions of the June 18, 2003 Ada County Highway District report, including but
not limited to the restricted parking on all roadways constructed as 29-foot street sections.
3.
The applicant shall provide documentation stating that all requirements of the Army Corp of
Engineers (including items such as a 404 permit) and the Idaho Department of Lands have been
complied with, or are conditions of compliance, regarding any pond or wetland alteration and/or
related items.
4.
The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at the front of each lot on the side lot lines, or as approved by the Design Review
Board. The trees shall be located in the 5-foot wide landscape strip between the 5-foot wide concrete
sidewalk and the curb. Prior to the City Clerk signing the fmal plat, the applicant shall either install
the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of
the installation of all landscape and irrigation improvements within the 5-foot wide landscape strip.
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.
5.
The meandering pathway/trails within the subdivision shall be constructed as follows:
A. From the point of connection with the circular pathway located in Lot 10, Block 1, and
following easterly within the twenty-five foot (25') wide easement along the South Channel
of the Boise River, the pathway shall be a minimum ten-feet (10') wide, constructed with a
four-inch (4") depth of %-inch minus road mix (mixture of sand and gravel) covered with
two-inch depth of gravel, compacted.
B. Within the twenty-five foot (25') wide easement along the South Channel of the Boise River,
between the Sportsman access and the eastern boundary of Lot 9, Block 1, the pathway shall
be constructed as a five-foot (5') wide ßfttI:H:al crushed cinder path, compacted. ter-as
appnwed by tàe CeWl.ail), areated afld maintained by the elearing ef yegetatien.
C. The northern leg of the circular pathway located within Lot 10, Block 1, and including the
portion of the path connecting the circular path to the sidewalk abutting Riversedge Drive,
shall be a minimum often-feet (10') wide and constructed of a crushed cinder material. The
southern leg of the circular pathway shall be a minimum of six-feet (6') wide and constructed
of a crushed cinder material
D. A ten foot (10') wide aooarete patftv:ay (i.e. widening of the propesed sidewalk frem fi'le
f.eet to ten feet in ,¡:idth) shall Be aanstrueted along the florthem side ef Ri':erseàge Drive
abl:ltting Lots 1 threugh 9, Bleek 1, exteaàffig Ham tàe einder path'Nay '.vi thin Lot 19, bleak
1, to the iaterseetioo øf Bagle Road and Legaaa Pøinte Drive. ;\ny pørtiea ef the
pathway/side'ualk shall be loeated withffi an easemeat, pennittffig the poolie tø eeeess said
patlw:ay I sidev:alk.
E. The pathway within Lot 10, Block 1, and ebuttiHg Lots 1 9, Bleak 1, shall be maintained, in
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good repair and free of weeds and debris, by the Laguna Pointe Homeowners Association.
6.
The sportsman's access parking lot located within Lot 1, Block 1, shall have a minimum of twefHy
~ six (6) paved parking spaces. Delineate an easement on the final plat pennitting access to the
Sportsman's access parking lot. Signs indicating that the parking lot is for the purposes of
sportsman's, emergency and pedestrian access shall be posted within said parking lot. Language to be
placed on the signs describing the aforementioned details shall be reviewed by staff prior to the
installation of the signs.
7.
The street and pathway configuration shall remain substantially as shown on the Preliminary
Development Plan as approved submitted to the City with this application.
8.
The applicant's property shall become annexed into the Eagle Sewer District's service boundaries and
shall comply with all applicable Eagle Sewer District regulations and conditions prior to approval of
any final development plan and final plat for this site.
9.
In instances where the floodway line intersects the building lots, that portion of those lots lying within
the floodway (as detennined by FEMA) shall be "non-build" portions of the lots and no
encroachments, buildings, or other structures shall be built thereon, pursuant to Eagle City Code
Section 10-1-8-5 (D). No equipment or vehicles shall be stored, or any solid-face fences constructed,
on any portion of these lots lying in the floodway and such shall be a condition to be within the
CC&R's. A note shall be placed on the final plat generally stating this requirement.
10. The street referred to as Laguna Co'¡.e Cewi (Let 1, Bleek 7) shall be àedieated as a p1:ièlie right of
'Nay, '.vita a roaœ.vay eonstn:leted to :\CHD standards. Þle gates are permitted to eross aay publie
right of '",:ay. If the City Council approves the installation of a gate at the intersection of Laguna
Pointe Drive and Laguna Cove Court (as shown on the preliminary development plan date stamped by
the City on May 28. 2003). then the developer shall install an emergency vehicle actuator device on
the gate, with the type of actuator device to be approved by the Eagle Fire Department. (Note: The
Commission voted 3-0 to modify this condition with the following explanation: While the
Commission is not in favor of private roadways, the need to limit public access to the private ponds
and to provide an element of security for the residents of the development, a private road and
associated gate is warranted in this instance.
11. If the Council approves the private roads, (accessing Lots 21. 23-25. Block 1), the private roads shall
be delineated within a common lot and block designation. and shown as such on the final plat.
12. If the Council approves the private roads, (accessing Lots 21, 23-25, Block 1), provide a note on the
plat that states there shall be no parking allowed within the 30-foot wide private roads. Provide a
statement in the CC&R's that prohibits parking on the 30-foot private roads. "No Parking" signs shall
be posted on one side of the private roads prior to the issuance of any Certificates of Occupancy.
13. If the Council approves the 30-foot wide private roads, (accessing Lots 21, 23-25, Block 1), provide a
note on the plat and within the CC&R's that states that each lot owner within that abuts the private
road has the perpetual right of ingress and egress over the 30-foot wide private roads, and that the
perpetual right shall run with the land.
14. If the Council approves the 30-foot wide private road, (accessing Lots 21, 23-25, Block 1), provide a
copy of the Subdivision's CC&R's providing a plan and schedule for the future repair and
maintenance of the 30-foot wide private roads. The CC&R's shall be reviewed and approved by the
City Engineer prior to the City Clerk signing the final plat.
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15. If the Council approves the 30-foot wide private roads, (accessing Lots 21,23-25, Block 1), provide a
note on the plat that states that the restrictive covenant for maintenance of the 30-foot wide private
roads cannot be modified and the homeowners' association cannot be dissolved without the express
consent ofthe City.
16. If the Council approves the 30-foot wide private roads, (accessing Lots 21, 23-25, Block 1), the
applicant shall submit payment in the amount of $1,467.80 based upon $400.00 (base fee) plus 0.38
cents per lineal foot (2,810-lineal feet of private roads, proposed within the subdivision).
17. Comply with all conditions ofFPDP-2-03.
18. All new construction and substantial improvement of any residential structure shall have the fmish floor
elevation of the lowest floor elevated to a minimum of two feet (2') above the base flood elevation.
19. All gravel extraction (mining) on the site shall be discontinued, prior to the City Clerk signing the
final plat.
20. Comply with all conditions of the Chevron Pipeline as stated within the letter date stamped by the City
on June 9,2003.
21. Place a note on the final plat referencing the instrument number (99117198) for the greenbelt
easement bordering the northern portion of this development. The note shall further state that the 25-
foot wide easement is for the use by the general public for pedestrian, equestrian and other non-
motorized access in favor of the City of Eagle.
22. The applicant shall construct the pathways within the development generally as shown on the pathway
plan dated , 2003, prior to the issuance of any building permits for
homes within the subdivision.
23. The applicant shall place a note on the final plat that all common lots are to be owned and maintained
by the Laguna Pointe Homeowner's Association. The applicant shall provide a copy of the CC&Rs
which include a similar statement regarding the common lots for review and approval, prior to the City
Clerk signing the final plat.
24. The applicant shall coordinate with the developer of the combined residential/commercial project
(Lakemoor) located to the south of this development regarding the location of a stub street to provide
connectivity between the two developments, as well as effective access to the proposed traffic signal at
the intersection of Eagle Road and Co1chester Drive.
25. All existing buildings that will interfere with the proposed roadways or lot lines shall be removed from
the site prior to the City Clerk signing the final plat
26. Delineate an easement on the final plat to allow cross access across the pond on Lots 37-39, 42-45,
Block 1, and Lots 16-21,23-25, Block 1.
27. Delineate an easement on the final plat to allow cross access across the pond on Lots 16-21, 23-25,
Block 1.
28. Provide plans to the City Engineer regarding the alteration of the ponds on Lot 16, Block 1, with
details regarding the process of reclaiming any portion of the pond(s) in relation to the construction or
enlarging of any building pad.
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29. Revise note no. 10 on the final plat to include manholes to be elevated a minimum of 0.5 feet above
the BFE.
30. All living trees that do not encroach upon the buildable area on any lot shall be preserved, or as
otherwise determined by the City Forester. All fallen trees along the South Channel of the Boise
River and within the slough along the southern boundary of this site shall be left in their natural state
to provide habitat for the existing birds and animals. A detailed landscape plan showing how the trees
will be integrated into the open space areas or private lots (unless approved for removal by the City
Forester and the Design Review Board) shall be provided for Design Review Board approval prior to
the submittal of a final development plan and final plat.
31. All healthy trees (as determined by the City Forester) shall be preserved and integrated into the open
space design for the development. A revised preliminary plat and revised landscape plan showing
how the trees will be integrated into the open space areas shall be provided for Design Review Board
approval prior to the submittal of a final development plan and final plat.
32. The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
33. Provide construction plans to the City Engineer for review and approval which detail how the
proposed waterways are to be maintained, methods (such as aeration) that will prevent stagnation and
breeding of pests, and how storm water is to be accommodated, prior to the City Engineer signing the
final plat.
34. Final development plans shall be reviewed as "New Business" items and not as "Public Hearing"
items unless the City determines that any difference between the preliminary development plan and
final development plan needs additional public comment because of possible impacts to surrounding
property owners, to this development, or to the community, or inconsistency with the conditions
herein. If the City determines that a public hearing shall be held on the final development plan, notice
shall be provided for (as was required for the preliminary development plan).
35. If a sewer lift station is required by the Eagle Sewer District, the lift station shall be screened from
view from adjacent residences as well as passing pedestrians and motorists. Building materials
proposed for the station enclosure and planting details for screening the structure shall be submitted
for review and approval by the Design Review Board prior to the submittal of a final development
plan and final plat.
36. No excavated materials shall be removed from the site-.. with the exception of the materials permitted
within the rights of the existing mining: (gravel extraction) conditional use permit.
37. All pond and waterway banks shall be planted with natural grasses and plants. Planting details shall
be submitted for review and approval by the Design Review Board prior to the submittal of a final
development plan and final plat.
38. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of a final development plan and final plat. The plans shall
show how the streetlights will facilitate the "Dark Sky" concept oflighting.
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39. Minimum lot sizes and lot widths shall be as stated within the "Site Data" section "G" of this report.
Minimum setbacks for Lots 2-6, 13, 14, 28-36, 40, 41, 50, Block 1, within the R-2 portion of the
development are allowed to be as follows (as measured from the property line to the building
foundation):
Front
Rear
Interior Side
Street Side
Two-story dwelling
25 feet
25 feet
7.5 feet
20 feet
10 feet
For Lots 2-9, Block 1, setbacks shall be measured from the pathway easement line
(abutting the South Channel of the Boise River) to the building foundation. The location
of any accessory structures shall be no closer than IS-feet to the easement line.
40. Useable open space amenities, subdivision signage, common area, street trees, existing trees,
pathways, buffer areas, perimeter fencing, etc., shall be reviewed and approved by the Design Review
Board prior to the submittal of a final development plan and final plat.
41. The applicant shall submit a design review application and landscape plan showing fencing (if
proposed), trees, landscaping, and benning, and planting details within the required 7S-foot wide
buffer area along Eagle Road abutting this site for review and approval by the Design Review Board
prior to the submittal of a final development plan and final plat.
42. 'Nhile Rot Sfleeifieally addressed in Eagle City Cede, the use of metorized v:atereraft eR the prøpesed
waterv¡.ays may be eoRsider-ed a ffi:1immee by abutting pfeperty O',VTlers. Speeifie hmguage regarding
the flO\:lfS of opemtioo, type of eraft, ere., shall be proyiàeà 1e the City UfJefl the submittal ef a fiflal
development plaH aHd fiRal plat applieatieR fur eoflsicleratioo to be iReludecl with the Lag1:Hla Peiflte
Subcli'/ÌsieR CC&R's.
43. Building envelopes shall be depicted on the final plat for all lots located within 50-feet of the
floodway line as shown on the accepted FEMA maps current at the time of submittal for final plat.
The building envelopes shall be shown on the final plat to reflect the minimum 50-foot setback from
the floodway line. No construction shall be pennitted within the 50-foot floodway setback.
44. The entire Laguna Pointe development shall remain under the control of one Homeowners
Association.
45. The applicant shall provide construction drawings for a pressurized irrigation system to service each
lot for review and approval by the City Engineer, at the time a final development plan and final plat is
submitted to the City. The system shall be designed to meet all standards as required by the City
Engineer.
46. The CC&R's for the Laguna Pointe Homeowner's Association shall provide that the association shall
have the duty to maintain and operate all of the common landscape areas in the subdivision in a
competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees. in accordance with Eagle City Code.
47. The CC&R's for the Laguna Pointe Homeowner's Association shall provide that the storage of any
vehicles, whether they be automobiles, recreational vehicles and equipment, watercraft and the like
shall only be stored in an enclosed garage, or within the side lot area screened by a fence, upon each
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Lot.
48. 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.
49. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
50. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This street is to be extended in the future".
51. Lots 2-7. Block 1. shall be reconfigured to reduce the quantity of lots from six (6), as shown on the
preliminary plat date stamped by the City on May 28. 2003. to a total of four (4) lots. to mitigate any
detrimental effects on the adjacent floodway area.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2.
Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3.
Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and I.c. 39-118).
5.
Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.c.C. 9-20-8.4)
7.
All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home.
8.
Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
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9.
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.
The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
perfonnance bond shall be submitted to the City Clerk.. prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13.
The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14.
An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
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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.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (ie; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building pennits.
The proposed fIre protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
c.
d.
15.
Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed by the Eagle City Attorney prior to the
City Engineer signing the final plat.
16.
Should the homeowner's association be responsible for the operation and maintenance of the stonn
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 by the Eagle City
Attorney prior to the City Engineer signing the final plat.
17.
The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the fmal plat by the City Council.
19.
Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20.
The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21.
The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
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23.
24.
25.
26.
27.
28.
29.
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.
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.
Basements in homes in the flood plain are prohibited.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
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.
In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30.
Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31.
The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 28,2003.
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2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on June 24, 2003. 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 18,2003. Requests for agencies' reviews were
transmitted on May 29,2003, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit, preliminary development plan, and preliminary plat (CU-5-03/PPUD-I-03/PP-3-03) 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:
1. That the proposed PUD is in the public interest, advances the general welfare ofthe community
and neighborhood, and will not be detrimental to the economic welfare of the community because;
The subdivision is to transition from open pasture and former gravel extraction ponds to a planned
residential community with areas of landscaped open space, pathways and water features patterned
after the Island Woods and RiversEnd PUD's. There will be a range of housing opportunities
from 11, 700-square foot lots to 4-acre custom home sites. A sportsman's access to the South
Channel of the Boise River will be provided and residents will eventually be able to connect to the
proposed pathway within the Chevron Pipeline easement (located south of this development) to
conveniently walk or bicycle from one area of the City to other locales.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area because;
The Laguna Pointe development has been designed to incorporate the gravel extraction ponds
located in the eastern portion of the site to rehabilitate what may be considered a "scarring" of the
land and transform it into an amenity and recreational opportunity to the residents. In addition,
those portions of the site located either within the floodwayor adjacent to the river are to be
preserved in their natural state, with no buildings or other improvements (other than a pathway
along the river) allowed within said lands.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The development will have access from Eagle Road that does not travel through any existing
neighborhoods which would cause additional traffic upon local roadways. This development is
required to design a roadway connection in coordination with the proposed development to the
south in order to direct vehicle traffic to a future traffic signal at the intersection of Colchester
Drive and Eagle Road to avoid potential conflicts with multiple uncontrolled accesses on Eagle
Road. This development will also be required to preserve existing trees along the South Channel
of the Boise River which will provide a natural buffer area between this development and the
Island Woods subdivision to the north although the two subdivisions will be so similar in
appearance to each other in many aspects (including lot size, architecture and landscape
amenities), that citizens may not know there are two different developments in this location.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
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reason of excessive production of traffic, noise, smoke, fumes, glare or odors because;
No major impacts are expected as this development should only develop normal traffic patterns
that would be related to a 55-lot residential subdivision development. The proposed dwelling units
on the site will be compatible with the existing units to the north and proposed residential and
commercial development to the south.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools because;
All central services are available to be extended to the site, as noted within the letters provided by
the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and
other urban services will be provided at the developer's expense. The addition of more residences
to the area may help facilitate the construction of new buildings within the School system.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal because;
The development plan was designed with consideration to not only preserve the surrounding
natural environment of the river and floodway area but to also allow residents to enjoy said
environment by allowing access into those areas through pathways and a sportsman's access.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
Access to the development will be from Eagle Road by way of Laguna Pointe Drive. The
development will include a stub street to the parcel to the south which, upon further development
and connection to the stub street, will have access to a future traffic signal at the intersection of
Colchester Drive and Eagle Road. The design and construction of the roadways and entrances is
guided by both the Ada County Highway District and the Idaho Transportation Department.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
The project area is limited due to the natural boundary of the South Channel of the Boise River to
the north and the manmade boundaries consisting of Eagle Road to the west, ponds to the east, and
the proposed combined residential and commercial development to the south. With these
restrictions, the site will only develop the open land located between these boundaries while
preserving and incorporating the natural features that currently exist on the site.
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10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan because;
The proposed development fits well with the Comprehensive Plan since the Plan calls for
Residential densities of up to two dwelling units per gross acre for this area, and with the
Residential-Estates zoning designation incorporated into this site, natural as well as manmade
features may be preserved and enhanced. In addition, a pathway will be provided within the 25-
foot wide easement located along the south side of the South Channel of the Boise River, in
conformance with the Comprehensive Plan Transportation/Pathway Network Map #1 of 2.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8 because;
This application requests approval for a preliminary development plan and conditional use permit
as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet
the conditions herein. In addition, the development will be required to submit an application for
design review and comply with all Eagle City Codes and conditions of approval of the design
reVIew.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations because;
With the wide-ranging lot sizes (from 11,668 square feet to 95,088 square feet within the R-2
portion of the development), the reduced setbacks will provide a visual relief by alleviating the
continuous singular plane created when houses are aligned on the same front setback in relation to
the street. In addition, the reduction in the rear yard setback compensates for the siting of building
pads on Lots 2-9, Block 1, being measured from the pathway easement line (rather than the
property line, along the northern boundary of said lots and adjacent to the South Channel of the
Boise River, to avoid the potential for dwellings to be located directly abutting the easement.
4. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-2-03 & RZ-2-03) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designations of R-2-DA-P (Residential up to two units per acre
with development agreement and PUD) and R-E-DA-P (Residential Estates up to one
dwelling unit per two acres with development agreement and PUD) is in accordance
with the Residential Two classification as shown on the Comprehensive Plan Land
Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
required to be provided, to serve a single-family dwelling residential subdivision on
this property under the proposed zone;
c. The proposed R-2-DA-P (Residential up to two units per acre with development
agreement and PUD) and R-E-DA-P (Residential Estates up to one dwelling unit per
two acres with development agreement and PUD) zoning districts are compatible with
the R-2-P (Residential up to two units per acre PUD) to the north since this
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development proposes to provide residential uses, lot sizes and amenities that would
be compatible with the existing residential uses in that area;
d. The proposed R-2-DA-P (Residential up to two units per acre with development
agreement and PUD) and R-E-DA-P (Residential Estates up to one dwelling unit per
two acres with development agreement and PUD) zoning districts are compatible with
the RUT zone (Residential - Ada County designation) and the R-2-P (Residential up
to two units per acre PUD) to the east since this development proposes to provide
residential uses, lot sizes and amenities that would be compatible with the existing
residential uses, and future residential uses which are anticipated to develop as shown
on the Comprehensive Plan Land Use Map at two or fewer dwelling units per acre;
e. The proposed R-2-DA-P (Residential up to two units per acre with development
agreement and PUD) and R-E-DA-P (Residential Estates up to one dwelling unit per
two acres with development agreement and PUD) zoning districts are compatible with
the area to the south since that area has been preliminarily approved to develop
residential uses with similar densities to the uses proposed with this development, and
existing trees along the southern boundary of this site will provide a natural buffer to
the proposed commercial uses within the area to the south;
f. The proposed R-2-DA-P (Residential up to two units per acre with development
agreement and PUD) and R-E-DA-P (Residential Estates up to one dwelling unit per
two acres with development agreement and PUD) zoning districts are compatible with
Eagle Road to the west since this development is required to provide a 75-foot wide
landscaped area abutting the east side of Eagle Road to act as a buffer to mitigate
traffic noise upon the residential uses;
g. While the land proposed for rezone is located within a "Hazard Area" or "Special
Area" as described within the Comprehensive Plan, this development will be required
to comply with all the applicable City of Eagle ordinances regarding construction in
the floodplain, and preservation of the lands within the floodway as conditioned by the
agencies having jurisdiction over the Boise River Floodplain.
h. No non-confonning uses are expected to be created with this rezone.
5. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the
Commission has determined that:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that the private street
will serve to enhance the overall development. The following reasons support the above noted
finding:
Because this development is located bound by the South Channel of the Boise River to the north,
and ponds to the east, the design will limit the number of units and configuration oflots allowed in
the 100 year floodplain; and because the applicant is planning to provide a unique housing
opportunity within the larger lots located in the R-E (Residential-Estates) zone of the development
by offering a secure and secluded setting accomplished in part by gated, non-continuous streets;
2. The private street within the subdivision provide safe and effective movement of both vehicular
and pedestrian traffic because of the following:
The roadways will be designed to be non-continuous and tenninate in cul-de-sacs, thereby limiting
the number of vehicles using the roadways; and because only 10 lots are being served by these
roads, the number of vehicles and pedestrians using the roadways is further limited;
3. The private street provides adequate access for service and emergency vehicles:
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The Eagle Fire District will be required to approve the design of the roadways, and actuator
devices for emergency vehicles to be installed on any gates, and since the cul-de-sacs have been
designed with large enough turnarounds to accommodate the turning radius of emergency vehicles;
4. The private streets within the subdivision do not adversely affect access to adjacent properties:
The private street will not adversely affect access to adjacent properties since it will not connect
one public street to another and since it does not take away existing public street accesses to
surrounding properties;
5. The private streets will not landlock adjacent property due to topography or parcel layout as shown
on the proposed plan, and since all adjacent properties currently have access to public roadways;
6. The private streets within the subdivision do not connect one public street to another;
7. The use or alignment of the private streets within the subdivision do not interfere with the
continuity of public streets as noted above; and
8. An appropriate mechanism will be established for the repair and maintenance of the private street,
including provisions for the funding thereof, within the required CC&R's for the subdivision and
with any necessary notes to be provided on the final plat, all to be reviewed by the City Engineer
and City Attorney prior to City approval of the fmal plat.
DATED this 18th day of August 2003.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
~.X.&~
Cheryl Bloom, Vice Chairman
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