Findings - CC - 2004 - A-2-03/RZ-2-03/CU-5-03/PPUD-1-03/PP-3-03 - 117.51 Acre/69 Lot/2260 S. Eagle Rd
BEFORE THE EAGLE CITY COUNCIL
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-S-O3/PPUD-I-O3/PP-3-03
ORIGINAL
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The above-entitled annexation, rezone, conditional use permit, preliminary development plan, and
preliminary plat applications came before the Eagle City Council for their action on September 23, 2003,
and the item was continued to November 11, 2003, December 17, 2003, and to January 13,2004. The
Council made their decision at that time. The Eagle City Council having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
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 Yz-
mile north of Chinden 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
c.
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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.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on September 2, 2003, October 21, 2003, and November 25, 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 August 27, 2003, October 15, 2003, and November 20,
2003.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
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 Residen tiaVCommercial
Public/Semi Public Designation) development with Public
Park & Boise City
Wastewater facility
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)
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G.
SITE DATA:
Total Acreage of Site - 117.51
Total Number of Lots - 69
Residential-55
Commercial- 0
Industrial- 0
Common - 14
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 1O0-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.
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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:
Front
Rear
Interior Side
Street Side
Two-story dwelling
25 feet
25 feet
7.5 feet
20 feet
10 feet
Standard for R-2 zone
Front 30 feet
Rear 30 feet
Interior Side 10 feet
Street Side 20 feet
Additional 5 feet for multistory
Proposed
No special setbacks requested for the R-E portion of the development
H.
GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Will provide a total of 27% of common area (11.36% required - see site data above),
which consists mainly of waterways (this figure does not include the flood way 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
TransportationlPathway 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.
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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 of the community (such as
trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
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.
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Applicant's Justification for Private Streets (if proposed):
See applicant's justification letter date stamped by the City on May 28, 2003, incorporated
herein by reference.
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
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 from 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 "If' 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 from 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
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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.
O.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference. 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: Several letters have been submitted to the City, as noted under
"Public Hearing of the Council" in Section "E" below.
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
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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.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cases o/large - scale PUDs (incorporating fifty (50) or more lots or dwelling units}:
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
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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
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
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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. COMPREHENSIVE 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 of land is commensurate with the physical
characteristics of the land.
h. To protect life and property in areas subject to natural hazards and disasters.
i.
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 flood way 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.
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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 flood way 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 flood way and is characterized by shallower and slower moving waters at
the time of flooding.
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 loo-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.
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8.6 - Implementation Strategies
c. Encourage roadway design standards that are consistent with the Idaho Transportation
Department (IID), 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 TransportationlPathway 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.
Chapter 9 - Parks, Recreation and Open Spaces
9.5
Pathways and Greenbelts
Pathways are non motorized 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.
9.5.2
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.
9.6
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.
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9.6.1
9.6.2
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 finite 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.
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, flood way 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.
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Chapter 12 - Community Design
12.3
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 of berms built adjacent to the Banbury and Lexington Hills Subdivisions.
12.4
Implementation Strategies
c. The flood way 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.
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.
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.
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 of the proposed
berming/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
maximum slope for any berm shall be three feet (3') horizontal distance to one-foot (1')
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 berm, a four foot (4') wide flat area at the top of the berm 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 berming/fencing shall be permitted
to be decreased one foot (I') 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.
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.
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 permitted 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.
.
ECC Section 8-7-3-5: CONDIDONAL USE PERMIT:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may
be attached to said permit 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. SUBDIVISION 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.
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.
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 terminate 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 determining the design of
pathways, the following minimum standards should be followed:
1. The paved portion ofthe 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
(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.
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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 that
the 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
5OO-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.
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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 1, 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
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
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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
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
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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, theACHD 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 Co1chester 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.
.
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.
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.
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
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.
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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 site specific conditions of approval and standard conditions of approval shown within
their Findings of Fact and Conclusions of Law document, dated August 18,2003.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 23, 2003, and was
continued to November 18, 2003 (the meeting was re-noticed to change the hearing date to November
11,2003). Subsequent to the meeting of November 11, 2003, a transcribable record was not available
due to a malfunction in the tape recording system and a meeting was noticed for December 17, 2003,
at which time testimony was taken, the public hearing was closed and the item was continued to
January 13,2004. The Council made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by twelve (12)
individuals who expressed concerns regarding the decrease in quality of life and property values, and
the nuisance that may be created through the operation of motorboats and waterskiing activities on the
ponds within the subject development; the lack of ability to enforce restrictions that may be placed on
the use of the ponds; the need to protect sensitive wetlands areas and wildlife in the area; the potential
incompatibility of uses due to the close proximity of proposed dwellings to the future expansion area
for the Boise City wastewater treatment facility; and, the effects of development upon the
floodway/floodplain and the potential for dwelling units to be flooded. *
C. Oral testimony in favor of this proposal was presented to the City Council by three (3) individuals (not
including the applicants/representative) who felt this development was consistent in appearance to
other developments approved in the area and should be reviewed in an equal manner; the City would
benefit from the tax dollars generated from the homes built in the development; and, the noise from
motorboats would not be disturbing. *
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D. Oral testimony neither in opposition to nor in favor of to this proposal was presented to the City
Council by three (3) individuals who expressed views on general development along the Boise River
and the need to protect avian nesting areas, wetlands and waterways; and the need for bike pathways to
be constructed in the area.
E. Written testimony in opposition to this proposal was presented to the City Council by twenty-five (25)
individuals regarding the decrease in quality of life and property values in the area due to the nuisance
that may be created through the operation of motorboats and waterskiing activities on the ponds within
the subject development; the lack of ability to enforce restrictions that may be placed on the use of the
ponds; the development would not be in compliance with the comprehensive plan because of
environmental and floodway concerns; the potential incompatibility of uses due to the close proximity
of proposed dwellings to the future expansion area for the Boise City wastewater treatment facility; the
need to protect sensitive wetlands areas and wildlife in the area; and, the effects of development upon
the floodway/floodplain and the potential for dwelling units to be flooded.
F. Written testimony in favor of this proposal was presented to the City Council by three (3) individuals
who felt that the motorboat noise would not be a problem to neighbors, the need for developments to
have unique features and to not maintain the "vanilla" approach to design; the project is well designed
and does not deserve the to be judged by perceived notions; and the pleasant attributes of living next to
a waterskiing lake which has not been a nuisance and which has also been an attraction for wildlife.
*Note: 54 individuals signed the public hearing sign-up sheet (36 opposed, 11 in favor, 7 neutral): only 18
chose to provide oral testimony.
COUNCIL DECISION:
The Council voted 4 to 0 to deny A-2-03 for an annexation for Laguna Point LLc.
Since the annexation was denied through the City's legislative authority, the request for a rezone,
conditional use permit, preliminary development plan, and preliminary plat could not be decided
by the City Council because the property was not within the corporate limits of the City of Eagle,
thus, any action on the rezone, conditional use permit, preliminary development plan, and
preliminary plat applications would have been outside of the City Council's jurisdiction.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 28, 2003.
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 (3OO-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.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on September 2,
2003, October 21, 2003, and November 25, 2003. Notice of this public hearing was mailed to
property owners within three-hundred feet (3OO-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on August 27, 2003, October
15, 2003, and November 20, 2003.
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3. The Council reviewed the particular facts and circumstances of this proposed annexation (A-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 annexation is not in accordance with the
City of Eagle Comprehensive Plan and established goals and objectives because:
The applicant has requested that the subject property not be annexed into the Eagle Sewer District's
service boundary and, in its stead, to utilize a self-contained sewer system on-site. The Council
believes that it is imperative for subdivisions (proposed for development within the City limits) of this
size and density to be connected to a municipal type system to ensure that maintenance of the system
and service to residents is provided in an adequate and sustainable manner.
Secondly, the applicant has requested to delay annexation of the property to continue the extraction of
gravel from the site, pursuant to the conditional use permits (79-12-CU and 84-02-CU) approved by
Ada County, and which has been interpreted and recognized by the County to be valid permits. A
gravel extraction operation is prohibited in the R-E (Residential-Estates) and the R-2 (Residential)
zoning districts (the requested zoning designations which are the subject of this application) and as
such, is recognized by the City as a nonconforming use. Because the City does not choose to annex a
known nonconforming use and allow the continuation of the prohibited use, and since the applicant
has stated the desire to delay annexation of the property, the Council believes that the submittal of this
application is premature. The Council may consider another application for the development of the
property at a time that the applicant chooses to accept annexation of the property, discontinues gravel
extraction operations (or submit per the rules and regulations of the City of Eagle), and complies with
Eagle City Code and any site specific conditions of approval for any proposed development.
DATED this 10th day of February 2004.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Sharon. Moore, Eagle CIty lerk
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