20070518Merrill rebuttal.pdf

Bruce M. Smith, ISB # 3425
Susan E. Buxton, ISB # 4041
MOORE SMITH BUXTON & TURCKE, CHARTERBDJ i ;
Attorneys at Law
950 West Bannock Street, Suite 520
Boise, Idaho 83702
Telephone: [phone]
Facsimile: [phone]
bms~msbtlaw.com
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Attorney for City of Eagle, Idaho
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
UNITED WATER IDAHO INC. TO AMEND AND)
REVISE CERTIFICATE OF CONVENIENCE
AND NECESSITY NO. 143.
CASE NO. UWI-O7-
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
REBUTTAL TESTIMONY OF NANCY MERRILL
NANCY MERRILL, Di-Reb - Page 1
CITY OF EAGLE - 1019.49
Please state your name.
My name is Nancy Merrill.
Have you previously submitted testimony in this matter?
Yes, I have.
Have you reviewed the testimony of Mr. Ramon Yorgason?
Yes.
Do you have any response to that testimony?
Yes. He indicates that he expects to complete the hearing process with the
County by May, 2007. The City s recommendations on the application were
requested by Ada County. The City Planning and Zoning held a hearing on the
staff recommendation on May 7, 2005. The City Council has the matter on its
agenda for May 22, 2007. The Staff recommendation and analysis of the
application is attached as City of Eagle Exhibit 205. The recommendation is for
denial of the requested application.
I believe this recommendation is consistent with Ada County Ordinance 623
which adopts the City of Eagle s Comprehensive Plan for application within the
City s Area oflmpact. See City of Eagle Exhibit 206.
NANCY MERRILL, Di-Reb - Page 2
CITY OF EAGLE - 1019.
Dated this 11 day of May, 2007.
NANCY MERRILL, Di-Reb - Page 3
CITY OF EAGLE - 1019.
CERTIFICATE OF SERVICE
I hereby certify that on this y of May, 2007 I served a true and correct
copy of the foregoing document via the method indicated below to:
Dean 1. Miller, Esq.
McDevitt & Miller LLP
420 West Bannock Street
PO Box 2564
Boise, ID 83701
Gregory P. Wyatt
United Water Idaho, Inc.
PO Box 190420
Boise, ID 83719
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ID 83720-0074
Scott Woodbury
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ID 83720-0074
Robert B. Burns
Moffatt Thomas Barrett Rock &
Fields, Chtd.
101 S. Capitol Blvd., 10th Floor
PO Box 829
Boise, ID 83701
("11J.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
(..yo.S. Mail, Postage Prepaid (Through Counsel)
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
() U.S. Mail, Postage Prepaid
(~and Delivered
( ) Overnight Mail
( ) Facsimile
( ) US. Mail, Postage Prepaid
H1fand Delivered
( ) Overnight Mail
( ) Facsimile
(-t-tJ.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
1. Ramon Y orgason (~. Mail, Postage Prepaid (Through Counsel)
President, Capital Development, Inc. ( ) Hand Delivered
6200 N. Meeker Place ( ) Overnight Mail
Boise, ID 83713 ( ) Facsimile
--'""'---,_....._-". "-"""',/,
~e M. Smith
NANCY MERRILL, Di-Reb - Page 4
CITY OF EAGLE - 1019.49
CITY OF EAGLE
PRELIMINARY PLAT STAFF REPORT
ADA COUNTY TRANSMITTAL
DESCRIPTION: LANEWOOD ESTATES PLANNED UNIT DEVELOPMENT
FILE NUMBER: 2006000265-S/ZC/PUD/DA
APPLICANT:CAPITAL DEVELOPMENT, INC.
D A VIDR. Y ORGASON
6200N. MEEKER-PLACE
BOISE, ID~3"713
REPRESENTED BY:DAVID R.YORGASpN
6200N .MEEKEIiPLACE
:POISE, ID 83713
PaONE - 208-377-3939
FAx-208-375-3271
PLANNING AND ZONING COMMISSION HEARING DATE: May 7 2007
TENTATIVE CITY COUNCIL HEARING DATE: May 15, 2007
PROJECT SUMMARY:
Lanewood IDvestments, LLC , represented by David Yorgason with Capital Development, IDe., is
requesting a zone change with a development agreement, planned unit development, and
preliminary plat subdivision approvals for Lanewood Estates, a 426-lot (381-buildable, 45-
common) planned residential development. The 190.52-acre site is bordered on the south of W.
Floating Feather Road, on the west by N. Lanewood Road, on the east by N. Linder Road, and on
the north by N. Beacon Light Road and is located at 2810 Lanewood Road. This site is located in
the Eagle Area of Impact.
STAFF RECOMMENDATION:
Based upon the information provided to staff to date, staff recommends denial of the requested
subdivision.
NOTE: The site specific conditions of approval herein are solely a recommendation of City staff.
The final decision as to the recommendation to Ada County is totally subject to the City Council'
determination.
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Exhibit No. 205
Case No. UWI-07-
Nancy Merrill, City of Eagle
STAFF FINDINGS OF FACT:
PROJECT SUMMARY:
Lanewood IDvestments, LLC, represented by David Yorgason with Capital Development
IDe., is requesting a zone change with a development agreement, planned unit
development, and preliminary plat subdivision approvals for Lanewood Estates, a 426-lot
(381-buildable, 45-common) planned residential development. The 190.52-acre site is
bordered on the south ofW. Floating Feather Road, on the west by N. Lanewood Road, on
the east by N. Linder Road, and on the north by N. Beacon Light Road and is located at
2810 Lanewood Road. This site is located in the Eagle Area of Impact.
APPLICATION SUBMITTAL:
This is an Ada County application for a proposed subdivision located within the Eagle
City Area of Impact and contiguous to the City of Eagle. The subdivision is subject to the
requirements outlined within the Eagle Area of Impact Agreement between Ada County
and the City of Eagle. Subdivisions in the Impact Area shall be evaluated for conformance
with the City of Eagle s Subdivision Code, Title 9, Chapter 3, and Title 9 Sections 9-
through 9-12.
NOTICE OF PUBLIC HEARlNG: Responsibility of Ada County.
HISTORY OF PREVIOUS ACTIONS: None
COMPANION APPLICATIONS: All applications are inclusive herein.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up to two RUT (Ada County Agricultural
units/ acre)Designation)
Proposed No Change R2 (Ada County Designation-Single Family,
Low Density Residential)Residential Planned
Unit Development
North of site Transitional Residential RUT (Ada County Residential and
Designation)agricultural
South of site Residential Two (up to two DA-P (Residential Legacy Development
units/ acre)maximum two units/acre with (Mosca Seca
a development agreement and Subdivision)
a planned unit development)
East of site Residential Two (up to two RUT (Ada County Agricultural
units/ acre)Designation)
West of site Residential Two (up to two RUT (Ada County Agricultural
units/ acre)Designation)
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DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
SITE DATA:
Total Acreage of Site - 190.
Total Number of Lots - 426
Residential- 381
Commercial - 0
fudustrial - 0
Common - 45
Total Number of Units - 381
Single-family - 381
Duplex - 0
Multi-family - 0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre Two units per acre Up to two units per acre
Minimum Lot Size 700-square feet 000-square feet
(Except that a decrease of minimum
lot size in a subdivision may be
allowed ifthere 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 Width 70-feet 75-feet (minimum)
Minimum Street Frontage 30-feet 35-feet (minimum)
Total Acreage of Common Area 35.36-acres 50.87-acres (mmimum)
19.05-acres for 10% minimum
plus 31.82-acres for lots
smaller than the minimum -
per ECC Section 8-4 (G)
(Except that, according to ECC
Section 9-8 (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 as Common Area 18.56% 26.7% (minlIllum-see above)
Except that, according to ECC
Section 9-8 (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.
*Note: The Common Area calculation is inclusive of the areas adjacent to the irrigation canals and
drainage ditches throughout the site.
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GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on April 3 2007 shows a thirty-five foot
(35') wide common lot adjacent to N. Lanewood Road and fifty foot (50') wide common
lots adjacent to N. Linder Road, W. Floating Feather Road, and W. Beacon Light Road.
The preliminary plat also shows the drainage ditches to be located within common lots
approximately one hundred feet (100'in width.
Open Space:
The common area/landscape lots table provided on the preliminary plat shows 1 540 487
square feet (35.36 acres) of common area inclusive of the open space areas, buffer areas
adjacent to the pubic roads, areas adjacent to the drainage ditches, and the landscape
islands located within the public roads.
Storm Drainage and Flood Control:
Street drainage plans are to be submitted by the applicant to Ada County as required by
the County s Subdivision Ordinance
Utility and Drainage Easements, and Underground Utilities:
Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines when deemed necessary. Total easement width shall not be less than twelve
feet (12'
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - yes
There are two existing residences located on two separate parcels are currently served by
septic systems. The applicant will be required to obtain the proper permits and abandon
the existing septic system.
STREET DESIGN:
Private or Public Streets:
All streets within the development are proposed to be constructed as thirty three foot (33'
wide street sections, as measured from back of curb to back of curb, and located within
fifty-feet (50') of public right-of-way.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500'None
Cul-de-sac Design:
The preliminary plat does not show a street section for the cul-de-sac however, it appears
that the right-of-way is one hundred feet (100') in width. The islands shown within the
cul-de-sacs have a twenty foot (20') wide diameter.
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Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting both sides of the
roadway.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior streets.
Lighting:
Lighting for the proposed streets is required.
Street Names:
Street name should be approved by the Ada County Street Name Committee prior to fmal
plat approval. Any modifications of street names shall be completed before fmal plat
approval.
ON AND OFF-SITE PEDESTRlANIBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.
Bike Paths:
Eagle City Code section 9-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
PUBLIC USES PROPOSED: None proposed
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes - adjacent to existing residences
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: - yes - irrigation and drainage ditches
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
AGENCY RESPONSES:
Since this is an Ada County application the City of Eagle does not transmit to the agencies
that may be impacted by the development; therefore, the City will not receive agency
responses regarding the development.
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LETTERS FROM THE PUBLIC: None received to date
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant indicated within the narrative dated January 22, 2007, that due to the large
scale of the development, they have not identified the phasing and construction schedule
the narrative goes on to state that the applicant is planning to start construction
immediately upon County approval and will develop the property as efficiently as the
market will allow. However, there is a phasing plan provided with the submittal that
shows eighteen (18) phases for the project. The applicant should provide a time schedule
for the phasing plan submitted with the application.
STAFF ANALYSIS:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 6 - Land Use
Land Use Designations
Residential Two
Suitable primarily for single family residential development within areas that are
rural in character.
Goal
To preserve the rural transitional identity.
Objectives
To encourage the preservation of open spaces.
Chapter 9 - Parks, Recreation and Open Spaces
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
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B. SOARING 2025 COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL
This property is within the Village Planning Area as recognized in the 2025 Western Area Plan.
Chapter 1 - futroduction
Relationship to Ada County Planning
The goals and policies of this plan are intended to be applied within the Eagle City
limits and the negotiated Eagle Area of City Impact. The City acknowledges that the
county may not have all the tools and codes necessary to implement this plan and will
upon transmittal and review recommend to the county which county codes and
appropriate conditions should be implemented to best implement and meet the intent
of the Eagle Comprehensive Plan. It is the desire of the City of Eagle to have the
majority of the urban development occur under the jurisdictional authority of
the City and connected to municipal services.
Chapter 2 - Community Design
5 Implementation Strategies
s. All urban development shall occur under the jurisdictional authority of the
City and be connected to municipal services.
Chapter 4 - Public Facilities and Services
1 Background
As the City of Eagle develops westward it is important to understand the variety and
availability of services within the area. Numerous special districts combine with City
services to protect and enhance the health safety and welfare of the Eagle community.
3 Implementation Strategies
h. Ensure all new development with in the Western Planning Area connects
to municipal water services.
10.2 Chevron Pipeline
The Chevron Pipeline is a portion of the gasoline transport system across the
United States from Alaska and crosses from northwest to southeast through the
western planning area. (See Map 4.5) At the time of construction most of the
Eagle area was rural and the depth of the pipe was shallow, less than 20 feet. As
the are develops it is important to identify the Chevron right-of-way, provide
significant seatbacks and buffers and encourage inspection of the line to ensure
development is not encroaching on this facility.
Chapter 6 - Land Use
3 Objective
The land use map and associated policies shall be the official guide for development in
the City of Eagle and shall be implemented through the zoning and development
reView process.
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6.4 Implementation Strategies
c. Use smaller planning areas to help guide development in the western
planning area.
Appendix I - Glossary
Municipal Services Services, such as sewer water and library, owned and/or
managed by the City of Eagle to property owners within or adjacent to the city.
C. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Eagle City Code Section 8-4 Schedule of Building Height and Lot Area:
Minimum Yard Setbacks Note Conditions A To F*
Zoning Maximum Interior Street Maximum Lot Minimum Lot Area Minimum
District Height Side Side Covered (Acres Or Sq. Ft.) G Lot
And H*Width
35'10'20'40%000 75'
Eagle City Code Section 8-4(B):
Additional 5 feet per story setback for multi-story structures. Height not to exceed 3 stories
except by conditional use permit.
Eagle City Code Section 8-4(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 appliedfor and approved.
Eagle City Code Section 8-4(1):
Lot width shall be determined as follows: the distance between side lot lines measured at a
point midway between the front and rear lot lines. 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.
Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements:
1. Buffer Areas/Common Lots:
I. Defmition: A transition zone or buffer area consists of horizontal space (land) and
vertical elements (plants, berms, fences, or walls). The purpose of such buffer space is
to physically separate and visually screen adjacent land uses which are not fully
compatible due to differing facilities, activities, or different intensities of use, such as
townhouses and a convenience store, or a high volume roadway and residential
dwellings.
4. Major Roadways: New residential developments, including, but not limited to
subdivisions and multi-family developments, shall be buffered from streets classified
as collectors, arterials, freeways, or expressways, to protect residential communities
from noisy, potentially dangerous, high speed roads. The "buffer area" shall be
derIDed as the distance from the outside wall of the lowest story of any single-family
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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 fmal
grade of the adjacent roadway (measured at the centerline) to the top of the proposed
berming/fencing. The required buffer area width, plantings, and fencing are as
follows:
b. Any road designated as a minor arterial on the Ada County long range
highway and street map:
A minimum of fifty feet (50') wide buffer area (not including right of way)
shall be provided with the following plants per one hundred (100) linear feet
of right of way: five (5) shade trees, eight (8) evergreen trees, three (3)
flowering/ornamental trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that
not more than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm
decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall, or combination thereof shall be provided within the buffer area.
The maximum slope for any berm shall be three feet (3') horizontal distance to
one foot (1 ') vertical distance. If a decorative block wall, cultured stone
decorative rock, or similarly designed concrete wall is to be provided, in
combination with the berm, a four foot (4') wide flat area shall be provided for
the placement of the decorative wall. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted.
Eagle City Code Section 8-3 Applicable Plans Policies and Ordinances:
A. The Eagle comprehensive plan, as adopted and amended by the city on September 14
2004, by resolution 04-, shall apply within the Eagle area of city impact, adopted on
June 22, 2004, by ordinance 475 and as may be amended from time to time. Subsequent
amendments to the aforesaid Eagle comprehensive plan shall apply within the Eagle area
of city impact if the city and the county so agree.
C. Applications for subdivision development in the Eagle area of City impact shall be
evaluated for conformance to the design and improvement standards contained in the
Eagle City Code, Title 9, Chapter 3, and in Chapter 4, Sections 9-4-1 through 9-12.
D. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Eagle City Code Title 9, Chapter 3 Design Standards
1 Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions
improvements and facilities done, constructed or made in accordance with said provisions
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shall comply with the minimum design standards set forth in this chapter; provided
however, that any higher standards adopted by any highway district, the Idaho
transportation department or health agency shall prevail over those set forth herein.
2 Streets and Alleys:
1 Location:
Street and road location shall conform to the following standards:
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than five hundred feet (500') in
length and shall terminate with an adequate circular turnaround having a minimum radius
of fifty feet (50') of right of way with the following exceptions:
1. Alternative types of turnarounds for cul-de-sacs which will provide access to less than
thirteen (13) dwelling units may be permitted by the city if approved by the fIre
department and the highway district having jurisdiction.
2. fu zoning districts which prohibit densities greater than one dwelling unit per two (2)
acres, cul-de-sac streets up to a maximum of one thousand five hundred feet (1 500'
in length may be permitted by the city if approved by the fIre department and the
highway district having jurisdiction. No more than twenty (20) dwelling units shall be
permitted on said cul-de-sac.
3. fu zoning districts which prohibit densities greater than one dwelling unit per five (5)
acres, cul-de-sac streets up to a maximum of two thousand eight hundred feet (2 800'
in length may be permitted by the city if approved by the fIre department and the
highway district having jurisdiction. No more than twenty (20) dwelling units shall be
permitted on said cul-de-sac.
5 Lots:
Lots shall conform to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height and
area regulations as set forth in section 8-4 of this code.
6 Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot
lines when deemed necessary. Total easement width shall not be less than twelve feet (12'
B. Unobstructed drainageway easements shall be provided as required by the city council.
C. All natural drainage courses shall be left undisturbed or be improved in a manner which will
improve the hydraulics and ease of maintenance of the channel.
8 Public Sites and Open Spaces:
Public sites and open spaces shall conform to the following standards:
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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.
C. Special Development: fu the case of planned unit developments and large scale developments
the city council may require sufficient public and/or private park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
development. (Ord. 88, 11-15-1983)
D. Open Spaces: The minimum percentage of the gross area that must be set aside for open spaces
in new subdivisions shall be as follows:
IZoning DistrictllR-2 IIR-3 IIR-4 IIR-S IIR-2S!
Open Space 1110%1110%1110%1110%1110%
8 Water System:
The provision of a public water system shall conform to the following standards:
A. All subdivisions within the Eagle city water service area shall comply with title 6, chapter
5 of this code.
Eagle City Code Title 6, Chapter 5 Water Systems
1 Rules and Regulations:
B. Scope: The water department and all customers receiving services from the water department
whether inside or outside the city limits, are bound by this chapter and the rules and
regulations of the water department.
3: Service Area and Connection Requirement:
A. Service Area: The area serviced by the city shall be only that area within the corporate limits
of the city, which is so designated by the city council, and such other contiguous and
neighboring territory as the city council shall, from time to time, deem necessary to serve and
identified on the water service development plan map contained in the city of Eagle water
service master plan.
Eagle City Code Title 9, Chapter 4 Required Improvements
1: Improvements Required:
Every subdivider shall be required to install the following public and other improvements in
accordance with the following conditions and specifications.
6: PedestrianlBicyc1e Pathway and Sidewalk Regulations:
A. futent: The placement of pathways is intended to encourage nonmotorized forms
of travel, and to provide safe, convenient and aesthetic alternative travel routes to
common destinations such as schools, parks, shopping centers, etc. The following
factors will be considered in the placement of any pathway: the utility and need
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for a given pathway, impacts to existing neighborhoods, compliance with the
transportation/pathway network maps within the comprehensive plan, pathway
design as it relates to both crime prevention and function, and the responsibilities
of ownership, maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways, (except in
cases where it is shown to be inappropriate), that provides access to adjacent:
c. Adopted pathway elements within the comprehensive plan and the ridge to
rivers pathway plan;
d. Neighborhoods;
g. Transportation or other community facilities, and vacant parcels, held
either publicly or privately which could provide future neighborhood
connection(s) to the above noted sites; and
h. fu similar cases where deemed appropriate.
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 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.
A five foot (5') wide landscaped arealbuilding and fence setback, as measured
from both edges of the paved path, shall be required, and will be owned by
either the abutting property owner(s) or a homeowners' association unless
accepted by a public entity. The five foot (5') wide landscaped area on either
side of the path way may be decreased to a minimum of two feet (2') wide (as
measured from the edge of asphalt to the easement line) when used in
conjunction with a meandering pathway, however, the total width of the
landscape area shall not be less than ten feet (10') (i.e. 2 feet on one side of
the path and 8 feet on the other). For safety purposes, planting material in this
area is limited to three feet (3 ') in height. The landscape, fence and building
regulations for this area shall be indicated by a note on the plat.
E. Responsibility: The following provisions are intended to provide guidance to
those entities that are responsible for construction, maintenance and/or liability for
a pathway. fustallation costs, which may include construction of the paved path
are the responsibility of the developer.
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1. Homeowners' Association:
Pathway systems within a proposed subdivision providing access to
private common space and/or other amenities that are used solely by the
residents of a subdivision shall be the responsibility of the homeowners
association.
9-4-7: Bicycle Pathways:
A bicycle pathway shall be provided within all subdivisions as part of the public right
of way or separate easement, as may be specified by the city council.
9: Water Supply and Sewer Systems:
A. Construction; Extension: All public water supply or sewer systems (serving 2 or
more separate premises or households) shall be constructed in accordance with
any adopted local plans and specifications. All new public water supply or sewer
systems shall be an extension of an existing public system whenever possible. fu
the event that the proposed public water supply or sewer system is not an
extension of an existing public system, there shall be a showing by the subdivider
that the extension is not feasible and not in the best interest of the public.
C. Pressurized Irrigation Facilities:
1. For any new subdivision and/or PUD, to be provided with a public water
system and containing more than four (4) lots, all residential dwelling units within
such subdivision shall be provided with a pressurized irrigation system to be
served with irrigation water unless a waiver, as outlined herein, is approved by the
city council.
12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be
required for the protection of residential properties from streets classified as collectors
arterials, freeways/expressways, waterways, railroad rights of way or other features.
Subdivision plats shall show the location of all buffer areas.
D. DISCUSSION:
The Eagle Soaring 2025 Plan, Chapter One - futroduction, Section 1.4 Relationship to Ada
County Planning, indicates it is the desire of the City of Eagle to have the majority of the urban
development occur under the jurisdictional authority of the City and connect to municipal services.
The plan goes on to identify in Chapter 2 - Community Design, Section 2.5 Implementation
Strategies, s.) All urban development shall occur under the jurisdictional authority of the City and
be connected to municipal services. The proposed Lanewood Estates Subdivision is contiguous to
the City of Eagle therefore, to comply with the Eagle Soaring 2025 Plan, this development should
occur under the jurisdictional authority of the City. The applicant should submit an application to
the City of Eagle for an annexation, rezone, conditional use permit, planned unit development, and
preliminary plat for Lanewood Estates Subdivision.
Lanewood Estates Subdivision is subject to the requirements outlined within the Eagle Area of
Impact Agreement between Ada County and the City of Eagle. Subdivisions in the Impact Area
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shall be evaluated for conformance with the City of Eagle s Subdivision Code, Title 9, Chapter 3
and Title 9 Sections 9-1 through 9-12. The proposed development as shown on the
preliminary plat date stamped by the City on April 3 , 2007, shows lots ranging ITom 7 700-square
feet to 28 046-square feet in size. The applicant is requesting an R2 zoning designation through
Ada County, which has a 16 000-square foot minimum lot size. Per Eagle City Code Section 9-
, lots within any subdivision shall comply in all respects with the official height and area
regulations as set forth in section 8-4 of the code. Per Eagle City Code Section 8-, Schedule
of Building Height and Lot Area Regulations, the minimum lot size within an R-2 (Residential-up
to two units per acre) zone is 000 square feet. The applicant is proposing 381-buildable lots
within the subdivision, 237 of those lots, approximately 62%, are below the minimum lot size of
an R-2 (Residential-up to two units per acre) zone. The Building Height and Lot Area Regulations
also provides for a decrease of minimum lot size in a subdivision 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. As provided within this report within the Staff Finding of Facts, Section
Site Data, the required amount of open space for this development per Eagle City Code 9-
would be 2 215 965-square feet (50.87-acres), which is 26.7% of the site based on a 17 000-square
foot minimum lot size. This figure is based on an offsetting increase in open space of 1 386 147-
square feet (31.82-acres) plus the required ten percent (10%) open space of 829 818-square feet
(19.05 acres). The applicant should provide a revised preliminary plat showing an additional
386 147-square foot (31.82-acres) of open space for a total of 2 215 965-square feet (50.87-
acres).
The Eagle Comprehensive Plan designates the property as "Residential Two" with a density not to
exceed two units/acre. The "Residential Two" designation was envisioned to primarily allow for
single family residential development within areas that are rural in character. The Eagle Soaring
2025 Plan designates the property to be located within the "Village Planning Area" with the
overall densities south of Beacon Light Road to average one to two units/acre. The proposed
Lanewood Estates Subdivision has a density of two units per acre.
This development proposes features that may be considered comparable to the City of Eagle' s
requirements for residential subdivisions with the exception of the amount of required open space
proposed. Design elements include street sections with five foot (5') wide concrete sidewalks
separated by an eight foot (8') wide landscape strip abutting both sides of the roadways, and buffer
areas abutting all roadways bordering the four (4) sides of the development. The 35.36-acres of
open space includes interconnecting pathways throughout the development, natural surface paths
adjacent to the large drainage ditches, five (5) open space areas larger than one (1) acre in size, a
swimming pool with a changing room, and four (4) tot lots.
The applicant should be required to place a note on the filial plat which states that
, "
All lots and
construction shall comply in all respects with the official height and area regulations as set forth in
Section 8-4 of the Eagle City Code" per Eagle City Code 9-5 (A) or as otherwise approved by
the Conditions of Approval within the Development Agreement associated with Lanewood Estates
Subdivision.
The preliminary plat date stamped by the City on April 3 , 2007, shows the cul-de-sac street N.
Premier Place to be approximately eight hundred feet (800'in length. North Premier Place
provides access to twenty two (22) residential lots. Eagle City Code prohibits cul-de-sac streets to
be more than five hundred feet (500'in length. The applicant should provide a revised
preliminary plat showing N. Premier Place to not exceed five hundred feet (500'in length or
provide a bulb-out at midpoint which provides an adequate area to turn emergency equipment
around.
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The subject property is located in an area that the City of Eagle has identified to be within the
City's water service area. The applicant has indicated within their narrative dated January 22
2007, that water will be provided by United Water. Per Eagle City Code Section 9-, states in
part that all public water supply or sewer systems (serving 2 or more separate premises or
households) shall be constructed in accordance with any adopted local plans and specifications.
Per Eagle City Code Section 9-, all subdivisions within the Eagle city water service area shall
comply with Title 6, Chapter 5, of this code. Since the proposed development is located in the City
of Eagle s water service area the applicant should be required to connect to City of Eagle water
system.
Per Eagle City Code Section 9-, lots within any subdivision shall comply in all respects with
the official height and area regulations as set forth in Section 8-4. The proposed setbacks as
shown on the preliminary plat date stamped by the City on April 3 , 2007, shows the setbacks for
lots within this development:
Setbacks:
Front
Rear
futerior Side
Street Side
Maximum Coverage
Lots :;:.16,000 square feet
25'
20'
5' (per story)
20'
25%
Lots"':::: 16,000 square feet
20'
15'
5' (total)
20'
N/A
It is staffs opinion that reduced setbacks should only be permitted for lots less than 000 square
feet in size. The following setbacks and maximum coverage for this development should be
required:
Setbacks:
Front
Lots :;:.17,000 square feet
30'
Lots...:::: 17,000 square feet.
20' (measured from back of
sidewalk)
25'
5' (per story)
20'
40%
Rear
futerior Side
Street Side
Maximum Coverage
30'
10'
20'
40%
The preliminary plat date stamped by the City on April 3 , 2007, indicates within the notes of the
plat that all lot lines common to a public right-of-way shall have a ten foot (10') wide easement.
The plat does not reference or delineate additional utility easements. Per Eagle City Code Section
, unobstructed utility easements shall be provided along front lot lines, rear lot lines, and side
lot lines when deemed necessary. Total easement widths shall not be less than twelve feet (12') on
all lots 17 OOO-square feet and greater. The interior lot line easement on lots less than 000-
square feet should be ten feet (10') wide in total width. The applicant should provide a revised plat
with a plat note describing the easement widths to be as so noted.
The Chevron Pipeline bisects the northeast comer of this property. The preliminary plat date
stamped by the City on April 3 , 2007 , shows the pipeline to be located within a sixteen and one
half foot (16.) wide easement which bisects Lot 16 , Block 13 , and adjacent to the rear lot lines of
Lots 2-, Block 14 and Lot 15, Block 13. Although a regional pathway plan has not been
completed for the area west of Linder Road it should be noted that the TransportationlPathway
Network Map #1 of 2 delineates a multi-use pathway to be located on the area where the Chevron
pipeline is located east of Linder Road. Past City Council action has required that a ten foot (10'
regional pathway be constructed within a minimum twenty foot (20') wide common lot located
over the Chevron pipeline. The applicant should provide a revised preliminary plat showing a
twenty foot wide (20') wide common lot to be located over the Chevron pipeline.
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The preliminary plat date stamped by the City on April 3, 2007 , indicates within the notes of the
plat that a pressurized irrigation system will be provided and that the system will be maintained by
the homeowner s association. The plat also delineates the location of the pressurized irrigation
lines (PIRR). The line locations and flows should be reviewed and approved prior to approval of a
fmal plat.
STAFF RECOMMENDATION:
Staff recommends denial of the requested subdivision. A recommendation of approval could be obtained if
the following concerns could be addressed:
Applicant submits applications to the City of Eagle for an annexation, rezone with a development
agreement, conditional use permit, planned unit development, and preliminary plat for Lanewood
Estates Subdivision to meet the intent of the Comprehensive Plan.
Place a note on the fmal plat which states that
, "
All lots and construction shall comply in all
respects with the official height and area regulations as set forth in Section 8-4 of the Eagle City
Code" or as otherwise approved by the Conditions of Approval within the Development
Agreement associated with Lanewood Estates Subdivision.
Applicant should provide a revised preliminary plat showing N. Premier Place to not exceed five
hundred feet (500') in length or provide a bulb-out at midpoint which provides an adequate area
turn emergency equipment around.
The applicant shall be required to connect to City of Eagle water.
The following setbacks should apply for Lanewood Estates Subdivision:Setbacks: Lots? 17 ,000 square feet Lots -:::: 17,000 square feet.Front 30' 20' (measured from back of
sidewalk)
25'
5' (per story)
20'
40%
Rear
futerior Side
Street Side
Maximum Coverage
30'
10'
20'
40%
Provide a revised plat with a plat note describing unobstructed utility easements shall be provided
along front lot lines, rear lot lines, and side lot lines to be twelve feet (12') in width and five feet
(5') in width adjacent to interior lot lines oflots less than 17 000-square feet in size.
Provide a revised preliminary plat showing a twenty foot wide (20') wide common lot to
located over the Chevron pipeline.
Submitted by:
April 27, 2007
DateMichael Williams, PCED
Planner II
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Mayor: Nancy C. Merrill CITY OF EAGLE
P.O. Box 1520
Eagle, Idaho 83616
939-6813
Council: Stanley J. Bastian
Phil Bandy
Steve Guerber
Scott Nordstrom
May 9 , 2007
Ada County Development Services
Attn: Leslie Toombs, Planner II
200 West Front Street
Boise, ill 83702-7300
SUBJECT: 200700017 - S/ZC/PUDIDA - Lanewood Estates Planned Unit Development
Dear Ms. Toombs:
On May 7, 2007, the Planning and Zoning Commission voted 3 to I (McCarrel against, Pierce absent) to
recommend denial of this application. A recommendation of approval could be obtained if the following
concerns could be addressed:
1. Applicant submits applications to the City of Eagle for an annexation, rezo'ne with a development
agreement, conditional use pennit, preliminary development plan, and preliminary plat for
Lanewood Estates Subdivision to meet the requirements of the Comprehensive Plan.
2. The applicant shaH be required to connect to become a part of the City's municipal water system
as required by the Comprehensive Plan and Eagle City Code, Title 9 , Chapter 3 , Section 9, as
required within the adopted City of Eagle and Ada County Area of Impact Agreement.
3. Meet all the requirements of the City of Eagle s Subdivision Code, Title 9, Chapter 3, and Title 9
Sections 9-1 through 9-12 as adopted within the Area ofImpact Agreement between the
City of Eagle and Ada County.
4. The developer shaH provide 697 376-square feet (16.01-acres) additional open space for a total of
237 863-square feet (51.37-acres) (26.7%) to meet the offsetting open space required for all lots
below the minimum lot size of 17 000 square feet
FoHowing the Eagle City Council meeting of April 15 , 2007, a letter regarding the Council's decision will
be sent to you. If you have any questions, I can be reached at 939-0227.
Sincerely,
~ ,. ~
~Wi lams. PCED
Planner II
cc:Mayor Merrill
Eagle City Council
file
Page 1 of 1
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ORDINAICE NO. 623
AN ORDINANCE AMENDING ADA COUNTY CODE TITLE 9, CHAPTER 2, SECTION 2
AND 3 PROVIDING FOR THE ADOPTION OF AN AMENDED CITY OF EAGLE
COMPREHENSIVE PLAN AS ADOPTED BY THE CITY OF EAGLE ON SEPTEMBER 14
2004.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ADA COUNTY
IDAHO THAT TITLE 9, CHAPTER 2 , SECTION 9-3 OF THE ADA COUNTY CODE BE
AMENDED AS FOLLOWS WITH THE TEXT OF THE FOOTNOTES IDENTIFIED
HEREIN REMAINING UNCHANGED:
Section 1: Ada County Code Sections 9-1 is amended as follows:
1: AREA OF CITY IMPACT BOUNDARY:
A. Eagle Area Of City Impact And Urban Service Planning Area Boundary Map:
I. The Eagle area of city impact and urban service planning area are the areas designated on
the Eagle area of city impact and urban service planning area boundary map, fully
incorporated by reference, copies of which are available for inspection at the Ada County
development services department.
2. Amendments to the map are as follows:
a. Ordinance 199, May 25 , 1989.
b. Ordinance 309, June 25, 1996.
c. Ordinance 355 , March 25, 1998.
d. Ordinance 367 , December 2 1998.
e. Ordinance 539, April 28 , 2004.
f. Ordinance 602, December 28 , 2005.
g. Ordinance 623, June 28. 2006.
B. Division By Boundary Line: In case a property under single ownership is divided by the
boundary line of the Eagle area of city impact, if such line divides such property so that one or
both of the parts has a depth of three hundred feet (300') or less, such part may be included in the
jurisdiction within which the remainder and larger portion of the property is located.
Section 2: Ada County Code Section 9-3 is amended as follows:
ORDINANCE NO. 623 - PAGE
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Exhibit No. 206
Case No. UWI-07-
Nancy Merrill, City of Eagle
3: APPLICABLE PLAN POLICIES AND ORDINANCES:
A. The Eagle comprehensive plan, as amended by the city of Eagle February 16, 2001 , by
resolution 01 OlSeptember 14. 2005 by Resolution 04-, shall apply within the Eagle area of
city impact.
B. Applications for subdivision development in the Eagle area of city impact shall be evaluated
for conformance to the design and improvement standards contained in the Eagle city code, title
, chapter 3, and in chapter 4, sections 9-1 through 9-12.
C. All subdivision plats situated within the area of city impact shall be submitted to the city of
Eagle for their recommendation.
D. The Ada County zoning ordinance shall be used to implement this chapter.
E. Ada County shall use the following standard in calculating density of residential development:
the total number of dwelling units within a proposed development, divided by the total land area.
Fractional amounts greater than those designated on the Eagle comprehensive plan land use map
will not be allowed except where the Eagle comprehensive plan details a fractional density and
then the density shall not exceed the number described in the Eagle comprehensive plan.
Floodway areas and land used for public uses such as schools or public service facilities will not
be included in the total land area calculation.
ADOPTED this 28th day of June, 2006.
Board of Ada County Commissioners
By:
Rick Yzaguirre, Chainnan
By:
Judy M. Peavey-Derr, Commissioner
By:
Fred Tilman, Commissioner
ATTEST:
1. David Navarro, Ada County Clerk
PUBLISHED: July 13 2006
ORDINANCE NO. 623 - PAGE 2
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