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HomeMy WebLinkAbout20070917Brewer Supplemental.pdf" C. f" r: \ \l j',!-' , c. '-I i.: ie Bruce M. Smith, ISB # 3425 ." '1. nSusan E. Buxton, ISB # 4041 ZOGl SEP \ 8 An IL. 3v MOORE SMITH BUXTON & TURCKE, CHARTERE~";t 'C) PUBLiC Attorneys at Law \ 1Y\ \\\~t. COMi\HSSk;950 West Bannock Street, Suite 520 '.)! Ie- I.- Boise, Idaho 83702 Telephone: (208) 331-1800 Facsimile: (208) 331-1202 bms~ms btla w. com Attorney for City of Eagle, Idaho BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF UNITED WATER ID AH 0 IN C. TO AMEND AND) REVISE CERTIFICATE OF CONVENIENCEAND NECESSITY NO. 143. CASE NO. UWI-O7- BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION SUPPLEMENTAL DIRECT TESTIMONY OF VERN BREWER What is your name? Response: Who do you work for? Response: Vern Brewer. Holladay Engineering. What is Holladay Engineering s relationship with the City of Eagle? Response:We are the appointed City Engineer. I am the Project Manager for Holladay Engineering assigned to the City of Eagle. Are you the same Vern Brewer who has previously provided testimony in this matter? Response:Yes. Do you have any supplemental testimony to add to the testimony previously provided? Response:Yes. At the last hearing in this matter which occurred on May 24, 2007, I am aware the City of Eagle and Capital Development reached a settlement agreement which is attached as Exhibit 207 to my testimony. That agreement called for the City to withdraw its objections to the applications filed by Capital Development with Ada County, to apply for annexation with the City of Eagle, and to provide development improvement plans and specifically water improvement plans to the City for review. As City Engineer, Holladay Engineering would normally be aware of the annexation application and would be the reviewer for the plans that were to be submitted. I have checked with City Staff and Holladay Engineering VERN BREWER, Di-Supp - 2 - CITY OF EAGLE - 1019.49 Staff and I have information that Capital Development has submitted an annexation application at 9:30 a.m. this morning. Holladay Engineering has received no information or communication from Capital Development about its water improvement plans, or requirements for connection to the City's water system. The City has only had written or oral inquiries from Capital Development regarding water rights and well construction schedules which have been provided in the City's status reports sent to Capital Development through their attorney, Bob Burns. As part of its work with the City, Holladay has inspected the area where the development is to take place. As of last week, there is no construction work ongoing. In fact, the site is a cornfield, as shown on the photos as Exhibit 208. It will be quite some time before there will be a need for water service. The City has provided written status reports approximately every two weeks as agreed. The City of Eagle is prepared to provide water service to this development as set forth in the Agreement. The well that will provide water is in the final stage of completion. A pipeline from that well has been constructed to the boundary of the Lanewood property. As for water rights to be used for service, the City has a number of resources.The City has existing water rights that can be used if necessary. Since the previous hearing in May, the City has contracted to purchase Eagle Water Corporation and that process is VERN BREWER, Di-Supp - 3 - CITY OF EAGLE - 1019. underway. Eagle Water Company has a number of water rights that could be potentially be used. The City also has applications for almost nine (9) cfs of water that received preliminary approval from the Idaho Department of Water Resources. The order approving the applications is being reconsidered but, based on the requests for reconsideration, the City anticipates the applications will be approved in the imminent future. The City had anticipated that the final order would be issued by now, but, for unknown reasons, it has not. Although I cannot be sure, based on discussions with other Holladay Engineering Staff, it could be associated with workload requirements at the IDWR. However, even if the order requires mitigation of any type, the City has already arranged for payment and implementation of any required mitigation. Regardless of which of the above described options is finally used, the City can and will provide water service to the development as reflected in the Agreement. Does this conclude your supplemental testimony? Response:Yes. VERN BREWER, Di-Supp - 4 - CITY OF EAGLE - 1019. Dated this 11 (Jay of September, 2L ~ Vern Brewer SUBSCRIBED AND SWORN to before me this day of September, 2007.,".11..." ........." CHER ;" ", . ......... ~ ~ #~ .. . h " . \. "' '(f) ::---: ~ ~....:. :'"':1: "CI , "1 ."'. :).. Co . ~ :c:: ..-1 \.A , J' . t1'1 :.. '(t\. Vi ..... . ,.... .,.., .. ;::::' :: ':0 c . /~......... i'--l CERTIFICATE OF SERVICE~ '" 80 " ,;;. ~~~'b')tcertify that on this 17~Y of September, 2007 I served a true and correct copy of the foregoing document via the method indicated below to: Not 1\ Residing at My Commission Expires: ..!J ,. d '1 - Dean 1. Miller, Esq. McDevitt & Miller LLP 420 West Bannock Street PO Box 2564 Boise, ID 83701 () U.S. Mail, Postage Prepaid (x) Hand Delivered ( ) Overnight Mail ( ) Facsimile Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street PO Box 83720 Boise, ID 83720-0074 ( ) u.S. Mail, Postage Prepaid (x) Hand Delivered ( ) Overnight Mail ( ) Facsimile Scott Woodbury Idaho Public Utilities Commission 472 West Washington Street PO Box 83720 Boise, ID 83720-0074 ( ) u.S. Mail, Postage Prepaid (x) Hand Delivered ( ) Overnight Mail ( ) Facsimile Robert B. Burns Moffatt Thomas Barrett Rock & Fields, Chtd. 101 S. Capitol Blvd., 10th Floor PO Box 829 Boise, ID 83701 ( ) U.S. Mail, Postage Prepaid (x) Hand Delivered ( ) Overnight Mail Susan E. Buxton (G~~ ANNEXATION AND COOPERATION AGREEMENT THIS ANNEXATION AND COOPERATION AGREEMENT (this Agreement') is made effective upon its full execution below, by and between the City of Eagle a municipal corporation in the State of Idaho ("Eagle ), and Capital Development, Inc., an Idaho corporation ("CD I" PRELIMINARY STATEMENT CDI has filed with Ada County certain land use applications ("CDI's Applications ) with respect to CDI's proposed development of certain property (the "Property owned by CDI's affiliate Lanewood Investments , LLC, an Idaho limited liability company Lanewood Investments ), as more particularly described in the Preliminary Plat Staff Report attached hereto as Exhibit A. In connection with its proposed development of the Property, CDI has requested United Water Idaho Inc. ("United Water ) to provide water service to the Property in accordance with the Application of United Water Idaho Inc. to Amend and Revise Certificate of Convenience and Necessity No. 143 (Case No. UWI-07-02) currently pending before the Idaho Public Utilities Commission ("United Water s Application ). Eagle has heretofore opposed both CDI's Applications and United Water s Application based principally on Eagle s determination that it will obtain in the near future those water rights necessary to provide water service to the Property through Eagle s municipal water system and its resulting desire to annex the Property into the City of Eagle. AGREEMENT NOW, THEREFORE, in order to resolve their differences on mutually advantageous terms, allow for CDI's orderly development of the Property without undue and costly delay, and provide for United Water s service of water to the Property in the event Eagle is unsuccessful in obtaining the water rights it requires to service the Property, the parties agree as follows: 1. CDI and Eagle will jointly request United Water and the Idaho Public Utilities Commission (the "IPUC") to continue the hearing of United Water s Application currently set for May 24, 2007, to the fIrst available date occurring after August 24 2007. Eagle will provide to CDI written status reports on the progress of the water service plans with respect to the Property approximately every two (2) weeks until Eagle can provide water service to the Property. 2. Eagle shall provide water service to the boundary of the Property. The Property shall be serviced by Eagle s municipal water system in accordance with all applicable provisions of the Eagle City Code. 3. Eagle shall promptly withdraw all opposition to CDI's Applications and not further oppose the same so long as CDI makes no material amendment thereto; provided however, CDI shall not be limited by this provision in negotiating the modification of conditions ANNEXATION AND COOPERATION AGREEMENT- 052307 1415 BOLMT2:650954. Eagle - 1019. Case No. UWI-07- Exhibit 207 of approval to CDI's Applications proposed by or through Ada County. Eagle shall also expeditiously review and promptly provide any comments it may have on any approval of CDI' Applications granted by the Ada County Planning and Zoning Commission. 4. CDI shall apply to Eagle to annex the Property promptly following Ada County's approval of CDI' s Applications , which annexation application shall be subject to the following terms: (a)Eagle shall waive all fees applicable to the annexation application; (b) The Property shall be annexed subject to CDI's vested right to develop the Property on those terms and conditions approved by Ada County and otherwise in accordance with Ada County's development ordinances and standards in effect as of the filing of CDI's Applications; ( c) Eagle shall covenant to expeditiously review all improvement plans submitted by CDI to Eagle with respect to the development of the Property, including, without limitation, the plans for water service; and (d) Eagle shall not adopt an ordinance annexing the Property until water service has been provided to the boundary of the Property for delivery of water. 5. Notwithstanding the provisions of Section 4(b) above, CDI may seek Eagle s consent to eliminate certain of the stub streets on the eastern boundary ofthe Property as reflected in CDI's Applications , provided the Ada County Highway District consents to same and to revising the length of the blocks in CDI's proposed development in accordance with Eagle s development standards. This Agreement shall be construed in accordance with the law of the State ofldaho. 7. This Agreement constitutes the final and entire expression of the parties and supersedes all prior agreements and understandings, either oral or written, regarding the Property and may only be amended by a written agreement signed by the party to be bound. 8. This Agreement is binding upon and shall inure to the benefit of the parties and their successors and assigns. 9. If any part of this Agreement is held to be invalid or unenforceable, such provision shall thereupon be modified to the minimum extent necessary to make it or its application valid and enforceable, and the invalidity or lack of enforceability of one or more provisions shall not affect the remainder of this Agreement. 10. The failure of any party to enforce any covenant or condition ofthis Agreement shall not impede or otherwise limit such party s right to enforce the terms of this Agreement upon any subsequent breach. ANNEXA nON AND COOPERA nON AGREEMENT - 2 052307 1415 BOLMT2:650954. 11. The parties agree that, in the event of any judicial proceeding arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees and costs incurred in connection with such action or proceeding, including those incurred on appeal. 12. This Agreement shall be executed in counterparts, each of which shall be a fully executed original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the date indicated opposite each signature below. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho """"'"..' OF EA . .(:"........(.;*~ ,". " .V' ~.. v.yORj\ '), : o ~ .~.. : ti \. * :: * : ..- ~ \ ;::: :.- . .'1-. S ~.. 0 :: , .. (' 0 i-'Io.: ::, Y'~. "POR"'~. ,T . ., ~ ........ ~ 'l'- ...l'E OF \v '" ......" 11~, ./ 'fL- I~ ()-'r2J~ciron K.Bergmann, City Clerk CAPITAL DEVELOPMENT, INc., an I 0 corporation By: J. Ramon Yor By its execution below, the undersigned acknowledges and consents to the terms of the foregoing Agreement LANEWOOD INVESTMENTS, LLC an Idaho imited liability company ANNEXATION AND COOPERATION AGREEMENT - 3 052307 1415 BOLMT2:650954. CITY OF EAGLE PRELIMINARY PLAT STAFF REPORT ADA COUNTY TRANSMITTAL . ,, ' :)lE:S:CBfPt'iION: LANE WOOD ESTATES!~A~D UNIT DEVELOPMENT FILE NUMBER: 2006000265-S/ZC/PUDID A . , .:r:';l\:l " .. ' . . 1) .. ,\j.~'" . CAPITAL DEYELOP~fff,lNc. ~~~~#\ .f)E BOISE, .IIH~'3"!f;l~: REPRESENTEO'BY:DAVID RY ORGASON 6~OO'N .~_~hACE BOI E ID'83713 . "; ; =~~nf:r:;.;;:3 9 PLANNING AND ZONING COMMISSION HEARING DATE: May 7 2007 TENTATIVE CITY COUNCIL HEARING DATE: May 15, 2007 PROJECT SUMMARY: Lanewood Investments, LLC, represented by David Y orgason with Capital Development, Inc., isrequesting a zone change with a development agreement, planned unit development, and preliminary plat subdivision approvals for Lanewood Estates, a 426-10t (381-buildable, 45-common) planned residential development. The 190.52-acre site is bordered on the south of Floating Feather Road, on the west by N. Lanewood Road, on the east by No Linder Road, and on the north by N. Beacon Light Road and is located at 2810 Lanewood Road. This site is located the Eagle Area of Impact. STAFF RECOMMENDATION: Based upon the information provided to staff to date, staff recommends denial of the requestedsubdivision. 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. EXHIBIT A Exhibit No. 205 Case No. UWI-O7- Nancy Merrill, Cit)' of EaglePage 1 of 16 DoCll1Dall' w s.niDg~.B"1S.MSB11..~W.I.oo:.d S"Iin&s'.Tempor..-y In!c:nv:r F"de3'OLIUC'200'OOOI7 s.ZC.I'UD-D.~ L.......od Es'.'.. ",rod"" STAFF FINDINGS OF FACT: PROJECT SUMMARY: Lanewood Investments, LLC, represented by David Yorgason with Capital Development Inc., is requesting a zone change with a development agreement, planned unit development, and preliminary plat subdivision approvals for Lanewood Estates, a 426-10t (38 I-buildable, 45-common) planned residential development The 190.52-acre site is bordered on the south ofW. Floating Feather Road, on the west byN. Lanewood Road, onthe east by N. Linder Road, and on the north byN. Beacon Light Road and is located at 28 I 0 Lanewood Road. This site is located in the Eagle Area of Impact. APPLICATION SUBMITTAL: This is an Ada COWlty 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 9-4- through 9-4-12. NOTICE OF PUBLIC HEARING: Responsibility of Ada County. mSTORY 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 Agriculturnl units! acre)Designation) Proposed No Change R2 (Ada County Designation-Single Family, Low Density Residential)Residential Planned Unit Development Nortb 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) Page 2 of 16 C;\UCCUJOeIIInoo Seltiap'BMS.MS811.AW\u.caI Scttme.s'T""'pol~'Iot= FaIco'OLKSC'200700017 S.ZC.pUD.DA u.-""d &1- ..Ido. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA, CEDA, or DSDA. SITE DATA: Total Acreage of Site - 190. Total Number of Lots - 426 Residential - 381 Commercial - Industrial - Common - 45 Total Number of Units - 381 Single-family. 381 Duplex - Multi-family. 0 ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre Two 1lD.its per acre Up to two units per acre Minimum Lot Size , 700-square feet 17,OOO-square feet (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 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 (minimum) 19.05-acres for 10% minimum plus 31.82-acres for lots smaller than the minimum - per ECe Section 8-2-4 (G) (Except that, according to Ece 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 as Common Area 18.56% *26.7% (minimum.see above) Except that, according to ECe Section 9-8 (C) the City may require additional public andlor private park or open space facilities in PUDs or in subdivisions with or more lots. *Note: The Cornmon Area calculation is inclusive of the areas adjacent to the irrigation canals and drainage ditches throughout the site. Page 3 of 16Do-- ond S"'iogo'.BMS.MSBTLAW\Looal Sa'ioGS\Tomponry I",."." F"1I:s'OLK5C\2DO700017 SOZC-PUD-D" l.anewocd Est.... .,CAoc 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 adjacellt 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 areal1andscape 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 Watee 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 Sheets: 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. Page 4 of C:\Do.."""",.... ScninB,IBMS.MSBTLAWoLocaJ s~',rcmporltJ' IDtcmcr ~.OUC5C\2007000I' S-ZC.J'1JD-DA Laacwood EsI"CI,,(c!oC 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. AI1y modifications of street names shall be completed before fmal plat approval. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways: (See comments under sidewalks above. Bike Paths: Eagle City Code section 9-4-1-7 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 - UDknown 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 Page 5 ofl6 C:IDo.......... IIOd Scuinss\8MS.MSIITt.A W\l.ocaJ Scninc-o\T"'1JOWY IlIIcrDd fiIesIOLKjC-lOO700017 S-ZC.PUD-DA 1....,..004 Estms SCf.doc LETTERS FROM THE PUBLIC: None received to date PROPOSED TIME SCHEDULE FOR THE DEVELOPJvffiNT 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 tile 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 wmCH ARE OF SPECIAL CONCERN REGARDING TIllS PROPOSAL: Chapter 6 - Land Use Land Use Designations Residential Two Suitable primarily for single family residential development within areas that are rural in character. 6.5 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. Page 6 of 16 C:\DoQuncw and SeuinpIBMS.MSB1LA WILoClllSc:ttillgslTcmponry &naDet FIk:oIOLKSCIlOO7000 17 S.ZC..ruD-DA lImowood Emt.. Slf.doc B. SOARING 2025 COMPREHENSIVE PLAN PROVISIONS , WIDCH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL This property is within the Village Planning Area as recognized in the 2025 Western Area Plan. Chapter I - Introduction 1.4 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 ofthe 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. 6.3 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 de,.elopment in the City of Eagle and shall be implemented through the zoning and development review process. Page 7 of 16 C:\IIocumaus Odd S"'~.MSBTu. W.Locai knillg."T...,.,..,y 1- fik5\OLKSCI200100017 s.Zc./'UD.DA Lan...-ood Ea,... $ltd., 6.4 hnplementation Strategies c. Use smaller planning areas to help guide development in the western planning area. Appendix 1 - 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 8-2-4 Schedule of Building Height and Lot Area: Minimum Yard Setbacks Note Conditions A To F. 1 re ,nterlor tlreel I Maximum lot Minimum Lot AreaSide Side Covered (Acres Or Sq. Ft.) G AndW 10' 20' 40% 17,000 75' Zoning District Maximum Height Minimum Lot Width 1* 35' Eagle City Code Section &-2-4(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 8-2-4(G): A decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same square footage in open space and a planned unit development is applied for and approved. Eagle City Code Section 8-2-4(1): Lot width shall be detennined 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 feeL Eagle City Code Section 8-2A- 7: Landscape and Buffer Area Requirements: J. Buffer Areas/Common Lots: 1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical elements (plants, berms, fences, or 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 de,"eloprnents, 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 Page 8 of 16 c:\DocomtnIo md Scitingsl/lMS.MSBTU WILocJl SdrV1p\ Tempo'"')' hlll:nllt fjI...IDOOCI2007000 17 s.zc.rUD-DA UroeY.'OOd Eslates st(doc attached or detached dwelling and the right of way line of the roadway. The lowest story must be screened ftom the view of any street classified as a collector, arterial, fteeway, 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. AIiy landscaping proposed to be within the public right 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 ftom the elevation of the final grade of the adjacent roadway (measured at the centerline) to the top of the proposed benning/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 min.imum 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 min.imum 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 fO\lr 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 04-15, 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 94-1 through 94-12. 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 Page 9 of 16 C;\DocuIllOlllS aDd SOIIiaf,sIBMS.MSBTLAWlLocaI SoI'iop\Tcmponry laI..... FiL:sIOOO0200700017 S-ZC-I'UD-DA Lancwood EIta!cs 5I!.doc 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 !oad 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. Altemative types of turnarounds for cul-de-sacs which will provide access to less than thirteen (13) dwelling units maybe permitted by the city if approved by the fire department and the highway district having jurisdiction. 2. In 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 0,500' in length may be permitted by the city if approved by the fITe department and the highway district having jurisdiction. No more than twenty (20) dwelling units shall be permitted on said cul-de~sac- 3. In zoning districts which prohtoit 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 fll'e department an.d 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 8-2-4 ofthis code. 6 Easements: A. Unobstructed utility easements shaH 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 confonn to the following standards: Page 10 of 16 C:\Docuo.en\s .,~ SeniDpIBMS.MSBTLA W\Lccal SeuGlgslTc:mpo"'Y FIbIOUC5C\200700017 S-ZC-PUD-DA Lancwoo~ &ala S1f.d1Ic 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 In 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. 8&, 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: 'Zoning DistrictllR-2 ! IR-3 IIR-4 IIR~5 j IR-2SI Open Space 1110%1110%1110%1110%11 10% & Water System: The provision of a public water system shall confonn to the following standards: A. All subdivisions within the Eagle dty water servke area shall comply with title 6, chapter5 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. 9-4-1-6: PedestrianlBicycle Pathway and Sidewalk Regulations: A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel, and to provide safe, convenient and aesthetic altemative 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 Page 11 of 16 C:1Doc1unmts ODd S"tiapIJIMS.MSBTUW'.Locol Sctrings\Temporaryln"",,", FoIooIOooCl1OO1OOO17 S-ZC-PUD-DA Lau_.d Emtcs n(d.c 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. In 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 (61 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. 3. A five foot (S') 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 pathway 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') (Le. 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. Installation costs, which may include construction of the paved path are the responsibility of the developer. Page 12 of 16 C,\Do.......ts and Seniogs'.BMS.MSB'fL.I. W'ILoc.1I S.,1iogslT""'I"'""Y - I'iJ..-.OOOC\2007000 17 S-ZC-PtJD..DA u.-'ood Estalcs srt:dcc 1. Homeowners' Association: a. 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 ail subdivisions as part ofllie public right of way or separate easement, as may be specified by the city council. 9-4-1-9: 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. In 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 pun, 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. 9-4-12: 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 coUectors 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 - Introduction, 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, so) All urban development shall occur under the jurisdictional authority of the City and be connected to municipal services. The proposed LaIle\\'ood 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 AIea of Impact Agreement between Ada County and the City of Eagle. Subdivisions in the Impact Area Page 13 ofl6 C:1Doo:amm!$ :md SdIiD&s'BMS.MSSTLAWILooa! SelringslTcmporny lataact P"dc::s"DLKSC.200700017 S.ZC-PUO-DA Lonewood &ala "'doc shall be evaluated for conformance with the City of Eagle s Subdivision Code, Title 9, Chapter 3 and Title 9 Sections 9-4-1-1 through 9-4-12. The proposed development as shown on the preliminary plat date stamped by the City on April 3, 2007, shows lots ranging from 7 700-square feet to 28,O46-square feet in size. The applicant is requesting an R2 zoning designation through Ada County, which has a l6 OOO-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. 8-2-4 of the code. Per Eagle City Code Section 8-2-4, 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 17 000 square feet. The applicant is proposing 3SI-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. A3 provided within this report within the Staff Finding of Facts, Section H, Site Data, the required amount of open space for this development per Eagle City Code 9- would be 2 215 965-square feet (50.S7-acres), which is 26.7% of the site based on a 17 OOO-squarefoot minimum lot size. This f1gl1re 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 8 1 8-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 PlanDing 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 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 fmal plat which states that, .'Alllots andconstruction 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. Page 14 of 16c:\I1ocamcn!$ and ~MS.MSBlUW'l.oc:al Scninp\TaIIpO"'JIw""", FiJeoIOLK5CI200700017 S-ZC-PUD-D" lauoIL'Ood. Eswcs ..r.doc 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 witWn their narrative dated January 22 2007, that water will be provided by United Water. Per Eagle City Code Section 9-4-, 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 9-8, 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 8-2-4. 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 developmentSetbacks: Lots ;"16.000 square feetFront 25TRear 20'Interior Side 5' (per story)Street Side 20' Maximum Coverage 25% Lots.c;: 16.000 square feet 20' 15' 5' (total) 20' N/A It is staff's opinion that reduced setbacks should only be permitted for lots less than 17 000 squarefeet in size. The following setbacks and maximum coverage for this development should be required: Setbacks: Front Lots ::.17.000 square feet 30T Lots 0:::: 17.000 square feet. 20' (measured from back of sidewalk) 25' 5' (per story) 20' 40% Rear Interior Side Street Side Maximum Coverage 30' 10' 20' 4D% The preliminary plat date stamped by the City on April 3, 2007, indicates within the notes of the plat that a1110t 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 17 000- 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 datestamped 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 2-6, 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 Transportation/Pathway 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 fOOl (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 pIal showing a twenty foot wide (20') wide common lot to be located over the Chevron pipeline. Page is of 16 C:\I)oCW8alll BUd Sc:nillgslBMS.MSBl'LA\W.DaI SeuiDplTcmpormy IIdc:nlOl ~OO700017 S.ZC-PIJD.DA. Laucwood bot.. stl.doc 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 1lIlit development, and preliminary plat for Lanewood Estates Subdivision to meet the intent of the Comprehensive Plan. Place a note on the final 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 8-2-4 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 to 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 0:::: 17.000 square feet.Front 30' 20' (measured from back of sidewalk) 25' 5' (per story) 20' 40% Rear Interior Side Street Side Maximum Coverage 30' 10' 20' 40% Provide a revised plat with a plat note descnomg 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 of lets less than l7 OOO-square feet in size. Provide a revised preliminary plat showing a twenty foot wide (20') wide common lot to be located over the Chevron pipeline. Submitted by: April 27. 2007 DateMichael Williams, PCED Planner IT Page 16 of16 C;\Docmacnu ..., SetliogsIBMS.MSBTlA w.l.oc8i SctliogslTmpanry 1oJcmcI filcs\OI..K5C2001OOO 11 S.ZC.PUD-DA Laacwoo. EsIIt.. s,f.doc Mayor: Nancy C. Merrill CITY OF EAGLE P.O. Box 15ZO Eagle, Idaho 83616 939-6813 Council: Stanley J. Bastiac. Phil Bandy Steve Guerber SCOtt Nordstrom May 9, 2007 . Ada. County Development Services Attn; Leslie Toombs, Planner IT 200 West Front Street Boise. ill 83702-7300 SUBJECT: 200700017 - S/ZCIPUD/DA - 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) torecommend denial of this application. A recommendation of approval cou!d be obtained if the following concerns could be addressed: 1. Applicant submits applications to the City of Eagle for an annexation, rezOne with a development agreement, conditional use permit, preliminary development plan, and preliminary plat for Lanewood Estates Subdivision to meet the requirements of the Comprehensive Plan. 2. The applicant shall 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 9-4~1 through 9-4-1-12 as adopted within the Area of Impact Agreement between the City of Eagle and Ada County. 4. The developer shall provide 697 376-square feet (1 6.0 I-acres) additional open space for a total of 237 &63-sqWire 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 Following the Eagle City Council meeting of April IS , 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. cc:Mayor MerTili Eagle City Council file Page 1 of 1 1(:\1'1"";", DepMda County AppfIC&liDos\St!BSI2OO7\2Qo100017 S.ZC.PIJI).DA Lanow.ad Esw.. 1"101""0 ORDINAWCE 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 IMP ACT BOUNDARY: A. Eagle Area Of City Impact And Urban Service Planning Area Boundary Map: 1. The Eagle area of city impact and urban service planning area are the areas designated on tbe 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: (n 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 x:\donna\log$\ordinaoce loglelectronic copieslord623.doc Exhibit No. 206 Case No. UWI-W-O7-G2 NaDcy Merrill, City of Eagle 3: APPLICABLE PLAN POLICIES AND ORDINANCES: A. The Eagle comprehensive plan, as amended by the city of Eagle Febnlary 16, aOO1, by resolution 04 01 September 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 conf0l111ance to the design and improvement standards contained in the Eagle city code, title , chapter 3, and in chapter 4, sections 9-1 through 9-4-12. C. AIL 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 mapwill 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 Y zaguiITe, Chainnan By: Judy M. Peavey-DeIT, Commissioner By: Fred Tilman, Commissioner ATTEST: 1. David NavalTa, Ada County Clerk PUBLISHED: July 13 2006 ORDINANCE NO. 623 - PAGE 2 x:\donna\logs\ordinance log\eJectronic copieslord623.doc Page 1 of 1 Susan E. Buxton From: Bill Vaughan (bvaughan(g1cityofeagle.org) Sent: Thursday, September 13, 2007 12:43 PMTo: Susan E. Buxton Subject: Lanewood crops pictures Attached are the picutres of the crops currently located on the site previously approved by Ada County as Lanewood Estates Subdivision. The pictures were taken by William E. Vaughan, Zoning Administrator for the City of Eagle on September 12 2007. Wiffiam fE. o/aUfJIian, j1.ICCP Zonine j1.d'ministrator City ofPAgCe ph.: 939-0227 fa.)(; 938-3854 9/13/2007 Eagle - 1019. Case No. UWI-07- Exhibit 208