Findings - CC - 2004 - A-03-04/RZ-3-04/CU-13-04/PPUD-1-04/PP-3-04 - Annex/Rz From Rut To R4p/39.46 Acre/144 Lots
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FORAN
ANNEXATION AND REZONE FROM RUT (RURAL
URBAN TRANSITIONAL) TO R.4.P (RESIDENTIAL
PUD) A CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN AND PRELIMINARY PLAT
FOR SHADOW RIDGE PLANNED UNIT DEVELOPMENT
FOR HILL VIEW DEVELOPMENT CORP.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A.3.04/RZ.3.04/CU.3.04/PPUD.l.04/PP.3.04
The above-entitled annexation, rezone, conditional use permit, preliminary development plan, and
preliminary plat applications came before the Eagle City Council for their action on July 27, 2004, at
which time public testimony was taken and the public hearing was closed. The Eagle City Council having
heard and taken oral and written testimony, and having duly considered the matter, makes the following
Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Hillview Development, Corp., represented by Land Consultants Inc., is requesting an
annexation and rezone from RUT (Rural Urban Transition) to R-4-P (Residential up to
four units per acre and PUD), conditional use permit, preliminary development plan, and
preliminary plat approvals for Shadow Ridge planned unit development. The 39.46-acre,
144-lot (1 22-buildable, 22-common) residential subdivision is located west of Horseshoe
Bend Road at 10711 through 10867 Horseshoe Bend Road and 10943 through 11053
Horseshoe Bend Road.
B.
APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on March 15, 2004, and
a revised version on April 21, 2004.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on April 13, 2004. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on April 14, 2004. Requests for agencies' reviews were transmitted on March 18,
2004, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on July 12, 2004. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 7, 2004.
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E.
F.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 12, 2003, the Eagle City Council denied an application (A-I-03/RZ-I-03) for
an annexation and rezone to R-4 for the 5-acre parcel (Weston property) surrounded by the
development which is the subject of this application. The Council determined that
because the parcel was amid undeveloped properties, the lack of a master plan for the area
diminished the ability of adjacent properties to develop in an appropriate and consistent
manner. The "piecemeal" development of the single property to a higher density would
not be compatible with the existing larger parcels (five-acres in size or more) and low-
density uses in the area, and as such, a more intensive use of the Weston property would
be premature. The Council encouraged property owners in the area to reach a consensus
on the development of the area in order to achieve a neighborhood with a cohesive
character and function upon the combined parcels. The rezone of the five (5) acre parcel
denied by the Council described above is not a part of this application.
COMPANION APPLICATIONS: None
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Residential Four (up to 4- RUT (Rural Urban Single-family dwellings, &
units per acre max.) Transition - Ada County pasture
Designation)
Proposed No Change R-4-P (Residential PUD PUD Residential
Development
North of site Residential Four (up to 4- RUT (Rural Urban Retail Nursery
units per acre max.) Transition - Ada County
Designation)
South of site Residential Four (up to 4- RUT (Rural Urban Mobile Homeffrailer Park
units per acre max.) Transition - Ada County
Designation)
East of site Residential Three (up to 3- R2 (Residential - Ada Brenson Subdivision
units per acre max.) County Designation)
West of site Residential Four (up to 4- R-4 (Residential) SH 55 & Echohawk
units per acre max.) Estates Subdivision
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G.
SITE DATA:
Total Acreage of Site - 39.46
Total Number of Lots - 144
Residential - 122
Commercial - 0
Industrial - 0
Common - 22
Total Number of Units - 129
Single-family - 115
Two-family - 14 (7 buildings)
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
Additional Proposed Required
Site Data
Dwelling Units 3.33 4-units per acre (maximum)
Per Gross Acre
Minimum Lot 6,059 sq. ft. 8,000 sq. ft. (minimum)
Size 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 60-feet 70-feet
Width
Minimum 26-feet 35-feet
Street Frontage
Total Acreage 5.01-acres 4.28-acres (minimum)
of Common (approximate) 3.95-acres for 10% minimum plus .33-acres for lots smaller than
Lots the minimum (8,000 SF) - per ECC Section 8-2-4 (G)
Except that, according to ECC Section 9-3-8 (C) the City may
require additional public and/or private park or open space
facilities in PUDs or in subdivisions with 50 or more lots.
Percent of Site 12.7% 10.8% (minimum - see above)
as Common Except that, according to ECC Section 9-3-8 (C) the City may
Area require additional public and/or private park or open space
facilities in PUDs or in subdivisions with 50 or more lots.
0 Setbacks for Type "A" Lots as shown on the colored map date stamped by the City of Eagle on
June 10,2004, are standard as shown in ECC 8-2-4 for the R-4 zoning district
0 Setbacks for Type "B" and "C" Lots as shown on the colored map date stamped by the City of
Eagle on June 10,2004, are standard as shown in ECC 8-2-4 for the R-4 zoning district except that
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side setbacks are permitted to be reduced to five-feet (5') for the first story, second story shall be a
minimum of 7.5 - feet.
H.
GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Will provide a total of 12.7% of common area (10.8% required - see site data above),
consisting mainly of buffer areas (abutting SH 55 and Horseshoe Bend Road), landscape
strips (abutting the internal roadways), and a 33,000 square foot park lot.
The applicant proposes to construct a seventy-five foot (75') wide buffer along SH 55
abutting the western boundary of the development, located both within a common lot (50-
feet wide) and an easement. A thirty-five foot (35') wide buffer along Horseshoe Bend
Road (eastern boundary) is proposed, separated into sections by multiple driveways and
is non-continuous across Lot 1, Block 2, which is an existing parcel proposed to be
incorporated into the subdivision. Further details are provided below under the
"Discussion" portion of the Staff Analysis.
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network
Map #1 of 2 designates a pathway to be constructed along the Farmer's Union Canal,
near the southwestern corner of this site.
Storm Drainage and Flood Control:
Street drainage plans shall be submitted by the applicant as required by the Subdivision
Ordinance. Specific drainage system plans are to be submitted to the City Engineer for
review and approval prior to the City Engineer approving the final plat. The plans are to
show how swales, or drain piping, will be developed in the drainage easements. In
addition, the CC&Rs are to contain clauses to be reviewed and approved by the City
Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over
the curb, or to the drainage easement, and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) - Not allowed
Preservation of Existing Natural Features:
The parcel has existing trees located mainly around the existing single-family dwellings
and accessory structures. Eagle City Code Section 9-3-8 (B) states that existing natural
features which add value to residential development and enhance the attractiveness of the
community (such as trees, watercourses, historic spots and similar irreplaceable assets)
shall be preserved in the design ofthe subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
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be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
I.
STREET DESIGN:
Private or Public Streets: Public
The applicant will construct a system of public roadways with three entryways into the
subdivision from Horseshoe Bend Road, with the typical roadway consisting of a thirty-
three foot (33') street section (as measured from back-of-curb to back-of-curb) located
within fifty-four feet (54') of right-of-way. All public streets are to be constructed with
five-foot (5') wide concrete sidewalks separated from the back of curb by a five-foot wide
landscape strip.
Stub streets are to provide connections to the property (Weston) located between the
sections proposed for development as well as the property to the north of this site to
provide connectivity upon the future development of those properties.
Horseshoe Bend Road abutting the eastern boundary of this site is not improved with any
curb, gutter, or sidewalk. Eagle City Code as well as ACHD Policy Standards require
vertical curb and gutter to be constructed on collector and arterial roadways upon the
development of adjacent parcels.
Applicant's Justification for Private Streets (if proposed): Not allowed
Blocks Less Than 500': None
Cul-de-Sac Design:
There are three cul-de-sacs to be constructed for the subdivision. All cul-de-sacs are
within the maximum 500-foot length requirements and terminate within a 55.5-foot radius
right-of way, which includes a landscaped island.
Lighting:
Lighting for the public streets is required. Location and lighting specifications shall be
provided to the City with the submittal of a final plat application.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
J.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Five-foot (5') wide sidewalks separated from the back of curb by a five-foot (5') wide
landscape strip are to be constructed abutting both sides of all internal streets, a five-foot
(5') wide meandering sidewalk is proposed along Horseshoe Bend Road.
K.
PUBLIC USES PROPOSED: None proposed
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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M.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - None
Evidence of Erosion - No
Fish - No
Floodplain - No
Floodway - No
Mature Trees - Yes
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - Farmer's Union Canal is adjacent to the southwestern corner of the site
Unique Animal Life - Unknown
Unique Plant Life - Unknown
Unstable Soils - None shown
Wildlife-Unknown
N.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An EAP report is not required.
O.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference. Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated April 23, 2004, are of special
concern and are incorporated herein by reference.
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Farmers Union Ditch Company L TD
Idaho Transportation Department
P.
LETTERS FROM THE PUBLIC:
Letter from Gines & Rice P.c., 1705 N. Cole Road, Boise ill, 83704 date stamped by the
City on July 27, 2004.
Q.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant states in the narrative that the development is proposed to develop in two (2)
phases, with an estimated final buildout in 3 years. Construction is anticipated to begin as
soon as practical after City approvals.
R.
EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
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2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cases of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
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16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
For a request of up to /0% of the gross land area to be directed to uses other than residential
(i.e.; commercial, industrial, public and quasi public uses that are not allowed in the land use
district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
In cases where an increase in residential density of up to 15% of the allowable number of
dwelling units is requested:
22. LANDSCAPING - For up to 5%
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of
existing landscape, pedestrian way treatment, and recreational areas, incorporated into this
development, exceed that of a non PUD development.
23. SITING - For up to 5%
That the quality of the designs for visual focal points, use of existing features such as
topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation
pattern, physical environment, variation in building setbacks, and building grouping (such as
clustering), incorporated into this development, exceed that of a non PUD development.
24. DESIGN FEATURES - For up to 5%
That the quality of the designs for street sections, architectural styles, harmonious use of
materials, parking areas broken by landscaping features, and varied use of housing types,
incorporated into the development, exceed that of a non-PUD development.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 6 - Land Use
6.7
Implementation Strategies
c. Provide for a broad spectrum of housing types including apartments, townhouses,
condominiums, single family attached, manufactured homes, affordable and subsidized
housing and large acreage developments.
p. Encourage a verity of housing through such mechanisms as PUDs in subdivisions
including large lot subdivisions.
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Chapter 8 - Transportation
8.2.4
Collectors
Mobility Function:
The primary function of a collector street is to intercept traffic from local streets
and carry the traffic to the nearest arterial street. A secondary function is to
service abutting property. The collector street may serve motorized and non-
motorized transportation needs, and be designed with the minimum street section
to accommodate the projected vehicle volume and in conformance with the Long
Range Transportation Plan of APA.
Access Function:
To provide limited and controlled access to commercial and industrial areas and to
residential neighborhoods.
8.3.1
Paths
Function: To provide for recreation and alternative transportation; important to provide
safe continuous thoroughfares with minimal cross flow of vehicular traffic.
Location: Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be located
along roadway right-of-ways and would usually be separated from vehicle travel lanes and
the paved section of the roadway by a median or sidewalk.
8.6 - Implementation Strategies
c. Encourage roadway design standards that are consistent with the Idaho Transportation
Department (ITD), Ada County Highway District (ACHD), Ada Planning Association
(APA), and other agencies that may be responsible for roadway planning and design.
e. Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle TransportationlPathway Network
Maps #1 and #2, adopted local and regional pathway plans, as may be needed for
intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is not
unnecessarily pushed out onto arterials and collectors.
m. Establish and require minimum setbacks between developments and roadways and to
encourage installation of berms and landscaping for all developments to enhance
safety and to enrich the roadway and community appearance.
p. Encourage sidewalks that are separated from the curb on all streets, except for areas
where Eagle City Code requires sidewalks to abut the curb and where existing
buildings, inordinate environmental impacts, or other impacts make setting the
sidewalk back infeasible. Meandering sidewalks should be required where space
permits. A planter strip of sufficient width for street trees between the sidewalk and
roadway should be required to provide a canopy effect over the roadways. The type of
street trees used should be those which have root systems that have proven to not
cause sidewalk or curb damage when in close proximity to such improvements.
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Chapter 9 - Parks, Recreation and Open Spaces
9.5
9.5.2
9.6
9.6.1
9.6.2
Chapter 10
10.2
Pathways and Greenbelts
Pathways are non motorized multi-use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e. the
Boise River and Dry Creek) and are designed to prevent undesirable encroachment.
Greenbelts may include pathways and/or bike lanes.
Objectives
e. All development should provide developed pathways for connection to Eagle's public
pathway system and/or adjoining development's public pathway system.
g. Improve/provide access to greenbelt/pathway east of Eagle Road on the
south side of the North Channel of the Boise River.
Open Space
Open space is land which is not used for buildings or structures and offers opportunities
for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism,
leisure activities, viewpoints, and wildlife habitat.
Goal
To provide wherever possible open space and natural features such as natural river
frontage, greenbelts, river trails and pathways, creeks, flood plains and flood ways,
drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and
viewpoints for public use and enjoyment.
Objectives
a. To establish open space to protect the finite resource base of Eagle's natural
environment - air, ground water, surface water, soil, forested areas, plant and wildlife
habitats, agricultural lands, and aquifer recharge, watersheds, and wetlands.
b. To provide an open space setting for active and passive recreation for all age groups
throughout the community.
Goal
Encourage a variety of housing so that all residents can choose sound, affordable homes
that meet individual needs.
a. A wide diversity of housing types and choice between ownership and rental dwelling
units will be encouraged for all income groups.
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Chapter 11 - Special Areas and Sites
11.4
Implementation Strategies
g. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
Chapter 12 - Community Design
12.1
Background and Vision
Community design is the organized fashion in which a community is developed in order
that a general mood or theme is established and maintained.
12.2
Goal
Strive to create an aesthetically pleasing community and protect the unique natural beauty
and small town character of the City.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-1-2 OPEN SPACE:
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas. drainage ditches, irrigation ditches. and similar features shall not be considered as a
part of the minimum area of open space required.
.
ECC Section 8-2-4 (G): A decrease of minimum lot size in a subdivision may be allowed if
there is an offsetting increase of the same square-footage in open space and a planned unit
development is applied for and approved.
.
ECC Section 8-2-4 (I): Minimum lot frontage, the portion of a lot front adjacent to a public or
private street, for all residential zoning districts shall be 35 feet.
.
ECC Section 8-2A-7 (4) MAJOR ROADWAYS:
New residential developments, including, but not limited to, subdivisions and multi-family
developments, shall be buffered from streets classified as collectors, arterials, freeways, or
expressways, to protect residential communities from noisy, potentially dangerous, high-
speed roads. The buffer area shall be defined as the distance from the outside wall of the
lowest story of any single-family attached or detached dwelling and the right-of-way line
of the roadway. The lowest story must be screened from the view of any street classified
as a collector, arterial, freeway, or expressway. This buffer is required either on individual
lots or as an easement, or as part of the common open space owned and maintained by a
homeowners' association. Any landscaping proposed to be within the public right of way
shall not be included as a part of the buffer area required below. The height for
berminglfencing, as noted below, shall be measured from the elevation of the final grade
of the adjacent roadway (measured at the centerline) to the top of the proposed
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berming/fencing. The required buffer area width, plantings, and fencing are as follows:
a. Any road designated as an urban or rural collector on the Ada County long range
highway and street map:
A minimum of thirty-five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (50%) of the shade trees are substituted.
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.
c. Any road designated as a principal arterial on the AP A functional street
classification map and/or any freeway or expressway:
A minimum of seventy-five foot (75') wide buffer area (not including right of way) shall
be provided with the following plants per one hundred (100) linear feet of right of way:
six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and
twenty four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, panelized vinyl
fence, decorative block wall or cultured stone, decorative rock, or similarly designed
concrete wall, or combination thereof shall be provided within the buffer area. The
maximum slope for any berm shall be three feet (3') horizontal distance to one-foot (1 ')
vertical distance. If a panelized vinyl fence, decorative block wall, or cultured stone,
decorative rock, or similarly designed concrete wall is to be provided, in combination with
the berm, a four-foot (4') wide flat area at the top of the berm shall be provided for the
placement of the fence or decorative block wall. Panelized vinyl fencing shall be no
higher than four feet (4'). Chainlink, cedar, and similar high maintenance and/or unsightly
fencing shall not be permitted.
The ten foot (10') minimum height requirement for the berming/fencing shall be permitted
to be decreased one foot (1 ') for every thirteen feet (13 ') of additional buffer area added to
the seventy five foot (75') wide buffer noted above.
.
ECC Section 8-3-3 (F) MAXIMUM UNITS PER LOT:
Any buildable lot conforming to this title, with a zoning designation of A, A-R, R-E, R-l,
R-2, R-3, R-4 or R-5, shall be permitted a maximum of one single-family dwelling unit
per lot.
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.
ECC Section 8-6-5-2 (B) DEDICATION OF LAND FOR PUBLIC USE:
A required amount of common open space land reserved under a PUD shall either be held
in corporate ownership by owners of the project area for the use of each owner who buys
property within the development or be dedicated to the public and retained as common
open space for parks, recreation and related uses. Public utility and similar easements and
right of way for watercourses and other similar channels are not acceptable for common
open space dedication unless such land or right of way is usable as a trail or other similar
purpose and approved by the council.
.
ECC Section 8-6-1: PURPOSE "PLANNED UNIT DEVELOPMENTS":
It shall be the policy to guide a major development of land and construction by
encouraging planned unit development (PUD) to achieve the following:
A. A maximum choice of living environments by allowing a variety of housing and
building types and permitting an increased density per acre and a reduction in lot
dimensions, yards, building setbacks and area requirements;
B. A more useful pattern of open space and recreation areas and, if permitted as part of the
project, more convenience in the location of accessory commercial uses, industrial uses
and services;
C. A development pattern which preserves and utilizes natural topography and geologic
features, scenic vistas, trees and other vegetation and prevents the disruption of natural
drainage patterns;
D. A more efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
E. A development pattern in harmony with land use density, transportation and community
facilities objectives of the Comprehensive Plan.
.
ECC Section 8-7-3-3 CONDITIONAL USES "PUBLIC SITES AND OPEN SPACES"
Public sites and open spaces shall conform to the following:
B. Natural Features: Existing natural features which add value to residential development
and enhance the attractiveness of the community (such as trees, water courses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the development.
C. Special Developments: In the case of planned unit developments and large-scale
developments, the Council may require sufficient park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
development.
.
ECC Section 8-7-3-5: CONDITIONAL USE PERMIT:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may
be attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this Title.
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C. SUBDIVISION ORDINANCE PROVISIONS
REGARDING THIS PROPOSAL:
WHICH
ARE
OF
SPECIAL
CONCERN
.
ECC Section 9-3-2-1 (C) stub streets:
Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions
shall be such that said streets extend to the boundary line of the tract to make provisions
for the future extension of said streets into adjacent areas, and shall have a cul-de-sac or
temporary cul-de-sac. A reserve street may be required and held in public ownership.
.
ECC Section 9-3-8 (B) Natural Features:
Existing natural features which add value to residential development and enhance the
attractiveness of the community (such as trees, watercourses, historic spots and similar
irreplaceable assets) shall be preserved in the desi!!Il of the subdivision.
.
ECC Section 9-4-1-3 Cubs and Gutters:
A.
Generally:
1. Vertical curbs and gutters shall be constructed on collector and arterial streets.
2. Rolled curbs and gutters shall be required on minor streets.
3. All construction shall be in accordance with the standards and specifications
adopted by the Ada County highway district.
B.
Driveways, Curb Cuts: All driveway openings and curbs shall be as specified by
the Ada County highway district or the Idaho transportation department.
D. DISCUSSION:
.
The Comprehensive Plan Land Use Map designates this site as Residential Four (up to four
dwelling units per acre). The applicant has proposed a development consisting mostly of single-
family dwellings with seven (7) lots dedicated to two-family dwelling units. In addition, the
applicant is proposing to incorporate seven (7) existing dwelling units into the subdivision.
.
The intent of a Planned Unit Development (PUD) is to allow flexibility in the development of a
property (such as reduced lot sizes and setbacks) to create an area that is unique in character and
provides features that are not normally found in a standard subdivision. In staff s opinion, there
are not any more features in this proposed PUD than those found in a typical non-PUD
subdivision. There are no pathways, points of interest, facilities such as a clubhouse or swimming
pool, and only a small amount of open space that may be considered usable which would allow
people to interact within the neighborhood. The majority of the open space consists of buffer
areas, streetscape strips, cul-de-sac islands, and common lots intended to eliminate double frontage
lots, rather than as usable amenities. While these elements are important in the appearance of a
subdivision (the majority of which are required by ordinance) they do not contribute anything
more unique than a standard subdivision is required to provide.
The applicant has requested to be allowed to construct seven (7) two-family dwelling units (which
are not permitted in an R-4 zoning district), on the basis that the ordinance encourages PUDs to
incorporate a variety of housing types. This is certainly a highly valued aspect of the PUD process
and to date has rarely been achieved. Again, with this proposed PUD, there are no outstanding
features to warrant the inclusion of two-family dwellings into the subdivision, such as clustering
the units around an open space area or providing design features of the units that create an
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appealing character.
With these thoughts in mind, staff does not recommend approval of a PUD designation for this
development. In order to achieve a development that is more conducive to a PUD, the applicant
should consider adding more usable open space, such as pocket parks with amenities in various
locations, connecting pathways between sections of the development, and a more creative design
regarding placement of dwelling units. Otherwise, this report will address the merits and standards
associated with a typical R-4 subdivision.
.
There are various concerns regarding the open space proposed by the applicant including the
location and amount, as well as the configuration of the buffer areas. As was stated previously,
there is essentially only one lot (Lot 1, Block 4, -33,000 S. F.) that may be considered as a usable
and convenient amenity. However, this one park lot does not seem to be sized in proportion to the
amount of use it will receive by over 120 families living in the development. Nor is it in a location
that will be convenient to all residents of the development since a large number of residents are
separated from the rest of the subdivision by a parcel that is not proposed for development at this
time (Weston property). At the very least, staff recommends that an open space area be
incorporated into the northern section of the development, such as eliminating Lots 7 and 8, Block
9, and locating an additional park into that area. The additional open space should be
approximately 18,000 square feet in size, which would bring the total open space to 10% or 3.53-
acres. This figure does not include the landscape tree strips, which are typically counted toward
the open space requirements and would provide an additional 1.33-acres to the total open space.
However, because the City may require additional open space facilities in subdivisions with 50 or
more lots, the landscape strips should not be counted toward the minimum open space required
when there is a concern that the development is lacking in usable open space.
Eagle City Code requires that new development abutting principal arterial roadways are to be
provided with a 75-foot wide buffer along the roadway, and may be located within an easement or
a common lot. The applicant has proposed a 75-foot wide buffer along SH 55 to be located within
both a common lot (50-feet wide) and an easement. In past action, the Council has determined
that buffer areas in developments with densities greater than one unit per acre should be wholly
within a common lot so as not to detract from the usable area of the small lots. In addition, this
particular development has not been designed to provide access to the buffer area for maintenance,
which could be accommodated through two sewer easements that travel into said buffer areas. If
these easements were placed in common lots as well, they may be conducive to providing
additional usable open space. Staff recommends that the plat be revised to include the entire
buffer area along SH 55 within a common lot and incorporate the proposed sewer easements into
the common lot as well to provide access to the buffer area.
The 35-foot wide buffer area (located within common lots) along Horseshoe Bend Road is non-
continuous due the applicant's desire to maintain existing driveways to serve the dwellings
currently fronting on the roadway. And, the buffer area has not been extended across the front of
Lot 1, Block 2; an existing dwelling unit that is now proposed to be a part of the subdivision. The
multiple driveways do not contribute to a congruous landscape design typical of buffer areas
approved by the city in the past. This concern is compounded because the approval of access onto
collector roadways is under the jurisdiction of the Ada County Highway District and of this date,
the ACHD staff is recommending that the majority of the eleven (11) driveways onto Horseshoe
Bend Road be closed and the dwellings access the interior roadways of the subdivision (the
applicant is appealing these conditions; see letter dated April 29, 2004, from Land Consultants
Inc.).
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Aside from the buffer area configuration, the multiple driveways are a concern with regard to
traffic and the cohesive relationship between the older homes to remain on site with the proposed
new dwellings. While it may be considered a positive feature to incorporate older dwellings on
larger lots into new residential subdivisions (to provide a variety of housing styles and preserve
some of the character of "ranchette" living) the older homes may not garner a "community" appeal
because they will be different from the dwellings to be constructed. This lack of community
identity is compounded because people living in the older homes will not access their parcels from
within the subdivision; they will still be "outside" of the development. Staff recommends that the
City support the Ada County Highway District requiring that the majority of the driveways on
Horseshoe Bend Road be closed, and that the existing dwellings take access from the internal
roadways.
Finally, because Lot 1, Block 2, is to be a part of the new subdivision, it must meet the conditions
of the entire subdivision which includes a 35-foot wide buffer area abutting the eastern boundary
of the site. The plat should be revised to delineate a continuous common lot for the buffer area
along Horseshoe Bend Road and the eastern boundary of Lot 1, Block 2.
.
The Weston parcel which separates the Shadow Ridge development into northern and southern
sections creates a challenging situation with regard to the proposed stub streets accessing said
parcel. Given the narrow configuration of the Weston parcel (150-feet) it appears that the
locations of the stub streets as shown on the preliminary plat may be the best-suited for a cohesive
development of the properties. A 54-foot road right-of-way with an abutting common lot (to avoid
double frontage lots) traveling east-west through the Weston parcel will leave only 90-feet
(approximately) in which to plat buildable lots. A continuous roadway (as opposed to a cul-de-
sac) would be conducive to providing good traffic circulation as well as to leave adequate space
for lots that are similar in size and shape with the majority of the lots within the development.
.
The applicant has requested a waiver of the condition requiring a pressurized irrigation system to
provide water to all lots within this development. The reason for the request is that the existing
water rights equal approximately one share of Farmers Union Ditch Company irrigation water,
which is an insufficient water flow to adequately serve residents in the subdivision. Holladay
Engineering has concurred with this opinion, and is open to reviewing plans for a well system to
serve the common lots within the development, provided the existing on-site well is sufficient to
do so. The applicant should provide a plan to the City Engineer showing the design of a
pressurized irrigation system supplied by the existing on-site well to serve the common lot areas,
prior to the approval of a final plat.
.
The 2000 Eagle City Comprehensive Plan TransportationlPathway Network Map #1 of 2 shows a
pathway traveling along the Farmer's Union Canal (located adjacent to and outside of the
southwestern portion of the subject property), yet it is not clearly delineated on which side of the
canal the path is to be built. The maintenance/access road traverses along the southern edge of the
canal (providing an opportunity for the construction of a pathway) and the majority of the property
south of the canal remains largely undeveloped, allowing a good prospect to construct a pathway
through unencumbered property. If the Council determines that a pathway is desirable along the
canal, the staff recommends that the southern side of the Farmers Union Canal be considered as
the preferred location for a greenbelt/pathway to be constructed in the future.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff does not recommend approval of the conditional use permit and planned unit development.
Staff recommends approval of the annexation, rezone, and preliminary plat with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on May
24, 2004, at which time testimony was taken and the public hearing was to June 14, 2004. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by two (2) individuals with concerns regarding narrow setbacks blocking distant views, the need for
more common open space, the desire to table the application until an alleged property dispute is
resolved, compatibility of existing livestock with future neighbors and the need for fencing, the need
to maintain current irrigation water delivery, the unwillingness to be annexed into the city limits, and
the need to preserve existing landscaping amenities.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(1) individual (other than the applicant/representative) who requested that the development be
approved and that it meets the objectives of the City of Eagle Comprehensive Plan.
COMMISSION DECISION:
The Commission voted 3 to 0 (Crook, Deckers absent) to recommend approval of A-3-04/RZ-3-
04/CU-3-04/PPUD-I-04/PP-3-04 for a rezone upon annexation, conditional use permit,
preliminary development plan, and preliminary plat for Shadow Ridge planned unit development
with the site specific conditions of approval and standard conditions of approval shown within
their Findings of Fact and Conclusions of Law document, dated July 6, 2004.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 27, 2004, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by two (2) individuals (not
including the applicant/representative) who felt glad to know that the neighbors (except for one
property owner) were able to cooperate in the sale and development of their land, two-family dwellings
will provide a compatible transition from the mobile home park south of the subject site, the
developers have presented a well designed subdivision that will provide affordable housing, and
dismay that one property owner had chosen to be litigious in their relationship with fellow neighbors.
D. Written testimony in opposition to this proposal was presented to the City Council by one (1)
individual representing a property owner who is disputing the location of the property boundary
between their property and the property to the north and that the Council should delay action on the
annexation of the proposed development until the property dispute has been settled.
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COUNCIL DECISION:
The Council voted 4 to 0 to approve A-3-04/RZ-3-04/CU-3-04/PPUD-I-04/PP-3-04 for an
annexation and rezone, conditional use permit, preliminary development plan, and preliminary plat
for Shadow Ridge planned unit development with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval with text
shown with underline to be added by the Council and text shown with strikethrough to be deleted
by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
The final plat which includes the property currently under dispute regarding a property boundary line
(i.e. the northern portion of the property located north of 10895 Horseshoe Bend Road), will not be
accepted by the City until the dispute is resolved in its entirety.
2.
The City will not adopt an ordinance to annex and rezone that portion of the property currently under
dispute regarding a property boundary line (i.e. the northern portion of the property located north of
10895 Horseshoe Bend Road), will not be accepted by the City until the dispute is resolved in its
entirety
3.
Comply with all site specific recommendations provided within the City Engineering ftrm's (Holladay
Engineering) letter dated April 23, 2004.
4.
Comply with all conditions of the April 23, 2004, Ada County Highway District report (or as
approved by the ACHD Commission), including but not limited to adhering to the restricted access on
Horseshoe Bend Road. The City of Eagle supports the District's policy of limiting access to collector
roadways. Provide a revised plat showing which driveways are to be eliminated and those approved
for access to Horseshoe Bend Road, prior to the City approving a final plat.
5.
Construct curb, gutter, and five-foot wide meandering concrete sidewalk along Horseshoe Bend Road
abutting the eastern boundary of this site. All construction shall be in accordance with the standards
and specifications adopted by the Ada County Highway District
6.
The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at the front of each lot on the side lot lines, or as approved by the Design Review
Board. The trees shall be located in the 5-foot wide landscape strip between the 5-foot wide concrete
sidewalk and the curb. Prior to the City Clerk signing the final plat, the applicant shall either install
the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of
the installation of all landscape and irrigation improvements within the 5-foot wide landscape strip.
Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary
occupancy may be issued if weather does not permit landscaping.
7.
The applicant's properties shall be annexed into the Eagle Sewer District's service boundaries and
shall comply with all applicable Eagle Sewer District regulations and conditions prior to the approval
of a final plat for this site.
8.
The applicant shall construct 6-foot wide concrete pathways within the development to provide greater
pedestrian connectivity between sections of the development. The applicant shall meet with staff prior
to the submittal of a final plat application to determine locations for said pathways.
9.
Provide a revised plat showing the addition of usable open space in the northern section of the
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development, as shown on the site plan date stamped by the city on June 10, 2004.
10. Provide a revised plat delineating the entire 75-foot wide buffer area along State Highway 55 to be
within both a common lot and an easement as depicted on the preliminary plat date stamped by the
city on April 21, 2004. Incorporate the sewer easements into the common lot as well to provide
pedestrian and maintenance access to the buffer area.
11. The applicant shall submit a design review application and landscape plan showing fencing (if
proposed), trees, landscaping, and berming, and planting details within the required 75-foot wide
buffer area along State Highway 55 abutting this site for review and approval by the Design Review
Board prior to the submittal of a final plat.
12. Provide a r-eviseE! plat àeliBeatiBg a eoßtiBHoHs The 35-foot wide common lot~ for the buffer area
along Horseshoe Bend Road aRE! exteBdiHg are approved as shown on the preliminary plat date
stamped bv the City on April 21, 2004. A 35-foot wide landscape easement shall be provided across
the eastern boundary of Lot 1, Block 2.
13. The applicant shall keep and maintain for use on the property such irrigation water rights as are
reasonably required in order to provide a pressurized irrigation system or systems for all landscaped
common areas on the property. In the event that the applicant desires to transfer. sell or convey for
consideration any excess water rights (that is. water rights not necessary to provide an adequate source
of irrigation water for the landscaped areas on the property). the applicant shall first submit to Eagle
reasonable written evidence of an agreement to purchase said water rights and the price and complete
terms agreed to be paid therefore. The City of Eagle shall have sixty (60) days after receipt of said
notice within which to elect, in writing, to purchase such water rights upon the same terms which the
applicant is to receive from said third party purchaser. whereupon the water rights shall be sold to
Eagle on such terms and conditions, each party being bound thereby. In the event Eagle shall not have
given written notice of its intent to purchase the water rights within the said sixty (60) day period, the
first right of refusal created hereby shall terminate and the applicant shall be entitled to sell its water
rights free of any right or claim of right by the City of Eagle.
14. The applicant shall submit a design review application and landscape plan showing fencing (if
proposed), trees, landscaping, and berming, and planting details within the required 35-foot wide
buffer area along Horseshoe Bend Road abutting this site for review and approval by the Design
Review Board prior to the submittal of a final plat.
15. The duplex lots noted within Note no. 11 of the preliminary plat date stamped by the city on April 21,
2004, are approved with this application. The setbacks for the duplex lots shall be as stated in Note
no. 13 of the preliminary plat date stamped by the city on April 21, 2004.
16. Provide a revised plat changing note no. 3 on the plat to state that the easement width shall be five-feet
(5') on either side of the common lot line.
17. The applicant shall place a note on the final plat that all common lots are to be owned and maintained
by the Shadow Ridge Homeowner's Association. The applicant shall provide a copy of the CC&Rs
which include a similar statement regarding the common lots for review and approval, prior to the City
Clerk signing the final plat.
18. All existing buildings that will interfere with the proposed roadways or lot lines shall be removed from
the site prior to the City Clerk signing the final plat. Demolition permits shall be obtained prior to the
removal of said buildings.
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19. All living trees that do not encroach upon the buildable area on any lot or upon any area planned for
streets and sidewalks shall be preserved, unless otherwise determined by the City Forester. A detailed
landscape plan showing how said trees will be integrated into the open space areas or private lots
(unless approved for removal by the City Forester and the Design Review Board) shall be provided for
Design Review Board approval prior to the submittal of a final plat.
20. The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
21. The applicant shall submit cut sheets showing street lighting details for review and approval by the
City with the submittal of a final plat. The plans shall show how the streetlights will facilitate the
"Dark Sky" concept of lighting.
22. Place a note on the final plat stating that direct access to State Highway 55 is prohibited.
23. Useable open space amenities, subdivision signage, common area, street trees, existing trees,
pathways, buffer areas, perimeter fencing, etc., shall be reviewed and approved by the Design Review
Board prior to the submittal of a final development plan and final plat.
24. The entire Shadow Ridge development shall remain under the control of one Homeowners
Association. The applicant shall provide a copy of the CC&Rs for review and approval, prior to the
City approving the final plat.
25. The applicant shall provide construction drawings for review and approval by the City Engineer for a
pressurized irrigation system (supplied by the on-site well) to serve each common lot with water prior
to the approval of a final plat. The system shall be designed to meet all standards as required by the
City Engineer.
26. The CC&Rs for the Shadow Ridge Homeowner's Association shall provide that the association shall
have the duty to maintain and operate all of the common landscape areas in the subdivision in a
competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees.
27. The CC&Rs for the Shadow Ridge Homeowner's Association shall provide that the storage of any
vehicles, whether they are automobiles, recreational vehicles and equipment, watercraft and the like
shall only be stored in an enclosed garage, or within the side lot area screened by a fence, upon each
Lot.
28. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
29. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
30. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This street is to be extended in the future".
31. Setbacks shall be approved as noted herein under section "G" site data and in conjunction with the
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colored lot layout plan date stamped by the city on June 10, 2004. Setbacks for the homes existing on
the site (as of April 21. 2004). are permitted as delineated on the preliminary plat date stamped by the
City on April 21. 2004.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2.
Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3.
Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and I.c. 39-118).
5.
Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.c.c. 9-20-8.4)
7.
All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home.
8.
Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9.
The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
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11.
12.
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has fIrst been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13.
The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14.
An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
The proposed file hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a file area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (ie; Commercial,
Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits.
The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
15.
Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
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20.
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed by the Eagle City Attorney prior to the
City Engineer signing the final plat.
16.
Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed by the Eagle City
Attorney prior to the City Engineer signing the final plat.
17.
The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19.
Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21.
The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
24.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25.
Basements in homes in the flood plain are prohibited.
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26.
27.
28.
29.
30.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2».
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31.
The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 15, 2004, and a revised
version on April 21, 2004.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on April 13, 2004. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on April 14, 2004. Requests for agencies' reviews were
transmitted on March 18,2004, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on July 12, 2004.
Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the
subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle
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City Code on July 7,2004.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-3-04/PPUD-I-04/PP-3-04) and based upon
the information provided concludes that the proposed development is in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community because;
Through the conditions of this application, the site will be developed with a residential
neighborhood offering a centrally located park and a pocket park that will provide amenities for
the enjoyment of the residents. The intent of the Shadow Ridge PUD is to provide a choice in
living environments by providing a variety of affordable housing types (single-family and two-
family) which is consistent with the goal of the City of Eagle PUD ordinance.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area because;
New homes within the development will all be built with like features, and professional
landscaping installed throughout the site will provide a cohesive design and general theme within
the development. Homes along Horseshoe Bend Road will be preserved and enhanced to maintain
the character and familiarity of the area that surrounding residents have become accustomed to.
All property owners will be required to join a Homeowners Association that will also be
responsible for maintenance of the common areas and the community facilities.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The inclusion of a limited number of two-family dwellings is considered appropriate for this
particular development as they will act as a transition from the single-family dwellings (to be
located within this development) to the mobile home park to the south, thereby enhancing the
compatibility of this development with surrounding properties.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors because;
No major impacts are expected as this development should only develop normal traffic patterns
that would be associated with a residential subdivision development. The proposed dwelling units
on the site will be compatible with existing residential units in the area.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools because;
All central services are available to be extended to the site, as noted within the letters provided by
the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and
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other urban services will be provided at the developer's expense. The addition of more residences
to the area may help facilitate the construction of new buildings within the School system.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal because;
The development plan was designed with consideration given to a large park in which there is an
opportunity for residents to congregate and socialize in a central area.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
Access to the development will be from Horseshoe Bend Road by way of three public streets. The
development will include stub streets to the parcel located between the two portions of this
development which will provide intra-neighborhood connectivity upon further development of
said property. The design and construction of the roadways and entrances is guided by the Ada
County Highway District.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
No natural or historical features are known to exist on the site; existing trees will be incorporated
into common landscape areas,
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan because;
The proposed development fits well with the Comprehensive Plan since the Plan calls for
residential densities of up to four dwelling units per gross acre for this area, and will provide a
variety of housing types to accommodate residents with varying life style needs.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8 because;
This application satisfies those requirements of a preliminary development plan and conditional
use permit as outlined in Eagle City Code as well as being required to meet the conditions herein.
In addition, the developer will be required to submit an application for design review and comply
with all Eagle City Codes and conditions of approval of the design review.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
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regulations because;
The reduced setbacks and smaller lot sizes approved for the development will allow for greater
flexibility to provide a variety of housing types within the development. In addition, the reduced
setbacks will support the incorporation of the existing homes and trees into the development to
help maintain the familiar character of the area.
4. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone
(A-3-04 & RZ-3-04) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed annexation and rezone
is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The requested zoning designation of R-4-P (Residential up to four units per acre and
PUD) is in accordance with the Residential Four classification as shown on the
Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
required to be provided, to serve a single-family dwelling residential subdivision on
this property under the proposed zone;
c. The proposed R-4-P (Residential up to four units per acre and PUD) zoning district is
compatible with the RUT (Rural Urban Transition - Ada County designation) zone to
the north since that area is expected to be developed with the same density and types
of uses as shown on the Comprehensive Plan Land Use Map;
d. The proposed R-4-P (Residential up to four units per acre and PUD) zoning district is
compatible with the R2 zone (Residential - Ada County designation) to the east since
this development proposes to provide residential uses, lot sizes and amenities that
would be compatible with the existing residential uses, and existing trees along the
eastern boundary of this site will provide a natural buffer to both Horseshoe Bend
Road and the residences to the east;
e. The proposed R-4-P (Residential up to four units per acre and PUD) zoning district is
compatible with the RUT (Rural Urban Transition - Ada County designation) zone to
the south since that area has existing residential uses which are similar in density to
this development;
f. The proposed R-4-P (Residential up to four units per acre and PUD) zoning district is
compatible with State Highway 55 to the west since this development is required to
provide a 75-foot wide landscaped area abutting the west side of the development to
act as a buffer to mitigate traffic noise upon the residential uses;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
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DATED this 10th day of August 2004.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
.~~K~
Sharon K. Bergmann, Eagle City Cle
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