Findings - PZ - 2005 - RZ-7-05/CU-3-05/PPUD-2-05/PP-7-05 - Rz From R-E To R-3-Da/Corrente Bello Pud/137 Lot/94.89 Acre
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A REZONE, CONDITIONAL USE, )
PRELIMINARY DEVELOPMENT PLAN, AND )
PRELIMINARY PLAT FOR CORRENTE BELLO )
FOR A RESIDENTIALSUBDIVISION )
FOR: CARMEN, LLC.& GEMSTAR )
DEVELOPMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-7-0S/CU-3-0S/PPUD-2-0S/PP-7-0S
The above-entitled Planned Unit Development application came before the Eagle Planing and
Zoning Commission for their recommendation on June 20, 2005. The public hearing was closed
at that time. The Eagle Planning and Zoning Commission, having heard and taken oral and
written testimony, and having duly considered the matter, makes the following Findings of Fact
and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Carmen, LLC and Gemstar Development, LLC, represented by Shawn Nickel with SLN
Planning, Inc., is requesting a rezone from R-E (Residential Estates) to R-3-DA
(Residential Three with a development agreement), and conditional use, preliminary
development plan, and preliminary plat approvals for Corrente Bello Planned Unit
Development, a I 37-lot (108-new buildable, I-existing home located on Lot 20, Block 2,
and 28-common) planned residential development. The 94.89-acre site is located on the
north side of Floating Feather Road approximately Y2-mile west of Eagle Road.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on April 7, 2005 and
amended on May 19, 2005. The original comprehensive plan amendment previously
submitted with this application has been withdrawn.
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 June 4, 2005. 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 May 20, 2005. Requests for agencies' reviews were transmitted on May 19,
2005 in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:NONE
E. COMPANION APPLICATIONS: All applications for the PUD are inclusive herein.
Page 1 of31
K:\Planning DeptlEagle Applications\SUBS\2005\Corrente Bello pzfdoc
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
See attached justification letter date stamped by the City on May 19, 2005, provided by
the applicant's representative.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential (up to R-E (Residential Estates) Single Family Dwelling &
I unit/acre) I unit/2 acres Pasture
Proposed Transitional Residential (up to R-3-DA (Residential 1.15 Single Family, Residential
I unit/acre) units/ acre with a Planned Unit Development
development agreement)
North of site Residential Estates (I unit/2 R-E (Residential Estates Single family residential
acres) I unit/2 acre)s subdivision
South of site Transitional Residential (up to A (Agricultural) Floating Feather Road &
I unit/acre) Single Family Dwelling
(Proposed Single Family
Subdivision)
East of site Transitional Residential (up to RUT (Rural Urban Agriculture & Eagle Middle
I unit/acre) & Transition-Ada Co. School
Public/Semipublic Designation) &
PS(Public/Semipublic)
West ofsite Transitional Residential (up to R-E (Residential Estates) Single Family Residential
I unit/acre)
H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
I. SITE DATA:
Total Acreage of Site - 94.89 Acres
Total Number of Lots - 137
Residential - 109
Common - 28
Total Number of Units - 109
Single-family - 109
Existing - I
Page 2 of31
K:\Planning DeptlEagle Applications\SUBS\2005\Corrente Bello pzfdoc
Proposed - 108
Total Acreage of Any Out-Parcels - 0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.15 units/Acre I-unit/acre maximum
(I.] 5-units/acre with PUD
density bonus)
Minimum Lot Size 11,932 sq. ft. 10,000 sq. ft.
Minimum Lot Width 75 ft. 75 ft.
Minimum Street Frontage 47 ft. 35-ft.
Total Acreage of Common Lots ] 2.08-acres 10% Minimum (See Open
Space section below
regarding additional open
space requirements for
increased density within
PUDs)
Percent of Site as Common Area 12.73% ] 0% Minimum (See Open
Space section below
regarding additional open
space requirements for
increased density within
PUDs)
J. GENERAL SITE DESIGN FEATURES:
Open Space and Design:
The proposed PUD will provide a total of 12.08 acres (12.73%) of usable common area. The proposed
common area is a combination of linear pathways and gathering places (swimming pool, tot lot, multi-
use trails and open fields). A minimum of 10% open space is required 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.
ECC 8-6-5-4(A)(1) allows for a 5% increase in the residential density for increased
landscape design including: streetscape, plazas, pedestrian way treatment and recreational
areas. The proposed development has incorporated all of these features into their open
space design. The applicant proposes the following elements to comply with ECC 8-6-5-
Page 3 of3 1
K:\Planning DeptlEagle Applications\SUBS\2005\Corrente Bello pzfdoc
4(A)(I): a tree lined boulevard for Corrente Bello Avenue (residential collector),
landscaped islands and roundabout, an open space pathway network that connects the
development through a linear pathway network (aside from the existing sidewalk system),
a gazebo, swimming pool and tot lot to provide recreation and gathering area in multiple
locations throughout the development.
ECC 8-6-5-4(A)(2) allows for a 5% increase in the residential density for special "siting"
features such as the inclusion of visual focal points, use of existing physical features such
as topography, view, sun and wind orientation, circulation pattern, physical environment,
variation in building setbacks and building grouping (such as clustering). Regarding
circulation patterns and visual corridors, the development has been designed to provide a
visual corridor up Corrente Bello Avenue, a boulevard cross section to a round-about that
opens up to the interior open space providing a view shed of nearly a half mile. An
enhanced siting aspect of the development is that 73% of all lots less than an one acre in
size have been designed to have direct access to open space thereby providing for a visual
break of the rear-yard walled corridor effect for the smaller lot areas.
ECC 8-6-5-4(A)(3) allows for a 5% increase in the residential density for the inclusion of
special design features such as street sections, architectural styles, harmonious use of
materials, parking areas broken by landscaping features and varied use of housing types.
In order to create a unique and distinctive community, the developer has proposed a
Tuscan themed architectural style with Old World Exterior finishes, wood doors, wrought
iron gates and creative outdoor living spaces. In order to ensure that the architectural
integrity is maintained throughout the development, the specific standards will be
identified and regulated within the CC&R's. Photographs and elevations are incorporated
herein by reference to illustrate the proposed architectural style.
The proposed street sections throughout the development promote pedestrian activity via
the detached sidewalks and the cobblestone stamped concrete pedestrian crossings at
appropriate intervals. The main boulevard (Corrente Bello Avenue) has been designed as
an 80-foot (80') wide street section with landscape strips and 5-foot (5') wide detached
sidewalks on both sides with a ] 5- foot (15') wide landscape island in the center of the
street to accommodate large shade class trees to provide for a tree lined/canopy covered
street. The proposed roundabout at the northern end of the boulevard entrance that provides
for a unique and distinctive entryway into the northern part of the development.
Storm Drainage and Flood Control:
Street drainage plans have been submitted by the applicant as required by the Subdivision
Ordinance. Specific drainage system plans are to be submitted to the City Engineer for
review and approval prior to the City Engineer signing the final plat. The plans are to
show how swales, or drain piping, will be developed in the drainage easements. Also, the
CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
Page 4 of 31
K:\Planning DeptlEagle Applications\SUBS\2005\Corrente Bello pzfdoc
On-site Septic System (yes or no) - not allowed.
Preservation of Existing Natural Features:
The site is currently open pasture and agricultural land wherein there are few existing trees
on site. The trees located in the proposed Lot 24, Block 2, as well as the existing trees
located with in the proposed landscape setback will be reviewed by the City Forester and
the Design Review Board for retention.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
K. STREET DESIGN:
Public Streets:
Two roadway access points from Floating Feather Road will be provided for the new 108
lots being developed with interior ACHD roads as well as the retention of an existing
access point from Floating Feather Road for the existing single family residence. The
applicant is proposing to construct two roadway cross sections: an 80-foot (80') wide
residential collector and a 58-foot (58') wide local road. The residential collector
roadway within the development, with no individual lot access, is an eighty foot (80')
wide roadway section (as measured from back of curb to back of curb). Vertical 6" curb
and five-foot (5') wide grass swales/landscape strips and five-foot (5') wide detached
sidewalks are proposed on both sides of the roadway. The local roadway within the
development is a thirty-two foot (32') wide roadway section (as measured from back of
curb to back of curb). Rolled 3" curb and five-foot (5') wide grass swales/landscape
strips and five foot (5') wide detached sidewalks are proposed on both sides of the
roadway. There will be one stub street (Desserto Bello Street) connecting to the parcel to
the east. There is a roundabout proposed internally at the intersection of Corrente Bello
Avenue and Monte Bello Drive with a twenty-two foot (22') roadway width around the
roundabout.
There are three (3) knuckles proposed at the corners ofColline Bello Way and Laco
Bello Drive, Laco Bello Drive and Foresto Bello Way, and Valle Bello Way and Oceano
Bello Drive.
The applicant is proposing to retain direct lot access to Floating Feather Road for Lot 20,
Block 2 (the existing house).
Blocks Less Than 500':None
Page 5 of 31
K:\Planning DeptlEagle Applications\SUBS\2005\Corrente Bello pzfdoc
Cul-de-sac Design:
Five (5) Cul-de-sacs are proposed:
Canole Bello Place: 225-feet in length 50-foot radius
Stango Bello Place: 200-feet in length 50-foot radius
Baja Bello Place: 200-feet in length 50-foot radius
Prato Bello Place: 170-feet in length 50-foot radius
Unnamed Future Street: 200-feet in length 50-foot radius
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting both sides of all
interior roadways, including the main entrance boulevard. An attached 5-foot sidewalk is
proposed along Floating Feather Road. A detached sidewalk in this location is required.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior streets. (See public street design above)
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street name approval by the Ada County Street Name Committee has been received. Any
modifications of street names shall be completed before final plat approval.
L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian walkways are provided through the detached sidewalk system and through the
multi-purpose pathway system as a portion of the open space design. The pathway system
will connect existing and future residential developments as well as the Eagle Middle
School site.
Bike Paths:
Cyclists will have access to the proposed pathway system and the required on-street bike
lane throughout the development. Eagle City Code section 9-4- I -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. Due to this development being
adjacent to Eagle Middle School, Lot I, Block 3, should be required to include a pathway
to the school to encourage alternative transportation, reduce the number of children
required to walk along Floating Feather Road, and meet the requirement of Eagle City
Page 6 of31
K:\Planning DeptlEagle ApplicationslSUBS\2005\Corrente Bello pzfdoc
Code.
M. PUBLIC USES PROPOSED:
See "Open Space" noted above.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - Yes, see tree preservation section above
Riparian Vegetation - no
Steep Slopes - Yes, Northern area ofthe subdivision generally located along the proposed Oceano
Bello Drive
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An EAP plan was submitted with this application. A review of the EAP has been
completed by the City Engineer. Their comments are attached hereto and are incorporated
herein.
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
which appear to be of special concern are noted below:
City Engineer: All comments within the Engineer's letter dated June 14, 2005, are of special
concern (see attached).
Ada County Highway District
Ada County Street Name Committee
Central District Health
Division of Environmental Quality
Eagle Fire District
Eagle Sewer District
Meridian School District: Letter includes a waming that all schools are over capacity
R. LETTERS FROM THE PUBLIC:
Laurie Campbell-Expressed concerns about traffic, school capacity, and compatibility
The following are requesting that Washam Road not be extended into the Corrente Bello
Subdivision (map attached):
Richard & Linda Philips
Byron Skidmore
Page 7 of31
K:\Planning DeptlEagle Applications\SUBS\2005\Corrente Bello pzfdoc
Alan & Carol Hochstrasser
Mike Cran??
Doug & Kathy Chase
Tegan Lee
Mark Butler
Kendra Roberts
Daniel Jarvis
Letha Roberts
Betty Roberts
Patricia and Sophia Fleming
Don Farlow
Ron Stone
James Stevens
S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing two phases for the development. Build out of the entire
development is anticipated within 5-years of final plat approval.
T. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
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.
Page 80f31
K:\Planning Dept\Eagle Applications\SUBS\2005\Corrente Bello pzf.doc
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 cased of large - scale PUDs (incorporatingfifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open space,
recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been provided
by the developer.
16. That suggested public (or private) means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
For a request of up to 10% of the gross land area to be directed to uses other than residential (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.
Page 9 of31
K:\Planning DeptlEagle Applications\SUBS\2005\Corrente Bello pzfdoc
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:
2000 EAGLE cOMPREHENISVE PLAN
CHAPTER 6 - LAND USE
6.3 Land Use Designations
Transitional Residential
Residential development that provides for a transition of density within the
planning area while keeping in context the density, scaling and lot sizes of
existing or proposed uses. Commonly requires changes in lot dimensions and
scaling, see specific planning area text for a complete description.
6.7 Implementation Strategies
(6.7a) Preserve the natural features and resources of Eagle;
(6.7b) Establish land use patterns and zoning districts that do not exhaust
available services such as sewer, water, police, fire, recreational areas, highways
and transportation systems.; and
(6.7c) 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.
(6.7j) Farm related uses and activities should be protected from land use conflicts
or interference created by residential, commercial, or industrial development. The
Idaho Right To Farm Act should be promoted.
CHAPTER 7 - NATURAL RESOURCES AND HAZARD AREAS
7.9 Goal
Special concern and attention should be given to the preservation offish, wildlife,
Page 10 of 31
K:\Planning DeptlEagle ApplicationslSUBS\20051Corrente Bello pzrdoc
water resources, air quality, agriculture, open space and recreation-nature areas
when implementing planning and zoning decisions.
CHAPTER 8 - TRANSPORTATION
8.6 Implementation Strategies
(8.6a) Work in conjunction with the Ada County Highway District (ACHD),
Idaho Transportation Department (ITD), and Ada Planning Association (APA) to
classifY roadways on the City of Eagle Transportation/Pathway Network Maps # I
and #2 incorporated into this Comprehensive Plan by reference. The Maps are to
assure conformity to designations as delineated on the Land Use Map. The maps
shall be provided to the Ada Planning Association for input into the Ada Planning
Association's Functional Street Classification Map and Regional Transportation
Plan.
(8.6b) Integrate all modes of travel to support air quality improvement measures;
and
(8.6e) Encourage new development to provide for pedestrian, equestrian, and
bicycle circulation in accordance with the City of Eagle Transportation/Pathway
Network Maps #1 and #2, adopted local and regional pathway plans, as may be
needed for intra-neighborhood connectivity and to ensure that bike and pedestrian
traffic is not unnecessarily pushed out onto arterials and collectors.
(8.6c) 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;
(8.6m) 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; and
(8.6p) 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.
Page 11 of 31
K:\Planning DeptlEagle ApplicationslSUBS\20051Corrente Bello pzf.doc
(8.6i) Encourage street lighting to increase roadway and neighborhood safety
while preserving a rural environment free of any unnecessary lighting.
CHAPTER 9 - PARKS, RECREATION AND OPEN SPACES
9.5.2 Objectives
(9.5.2a) To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
(9.5.2b) To provide a network of central and neighborhood paths where residents
are able to safely access and utilize pathways for alternative forms of
transportation.
(9.5.2e) All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public pathway
system.
9.6 OPEN SPACE: Open space is land which is not used for buildings or
structures and offers opportunities for parks, recreation, water amenities,
greenbelts, river trails and pathways, tourism, leisure activities, viewpoints, and
wildlife habitat.
(9.6.1 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.
(9.6.2 Objectives) 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.
(9.6.2b) To provide an open space setting for active and passive recreation for all
age groups throughout the community.
(9.6.2c) To protect against hazards that are inherent to flood plains, flood ways,
steep slopes, and areas of geological instability.
(9.6.2d) To protect the natural lay of the land (e.g., minimize land disturbance).
Page 120f31
K:\Planning DeptlEagle ApplicationslSUBS\2005\Corrente Bello pzfdoc
(9.6.2e) To protect such unique environmental areas as historical, geological, and
archaeological sites and monuments, natural areas, and wildlife habitat.
(9.6.2f) To protect important views, vistas, and panoramas of the community's
natural setting and environment.
CHAPTER 10 - HOUSING
10.3 Implementation Strategies
(IO.3a) A wide diversity of housing types and choice between ownership and
rental dwelling units will be encouraged for all income groups.
(10.3b) The location ofall housing should be coordinated with provisions for
adequate public facilities and services.
CHAPTER 11- SPECIAL AREAS AND SITES
I I A Implementation and Strategies
(1IAa) Protect and improve natural and man-made waterways.
(I lAg) Preserve existing trees and establish appropriate landscaping as a part of
new developments.
(lIAh) Encourage the preservation of habitat areas which provide for fish and
wildlife.
(1 I Ai) The City may require developers to prepare and submit an environmental
assessment and any such additional reports as the City may from time to time
require, for any development on land within an area designated as a Special Area
or Site or for any development impacting a designated Special Area or Site.
CHAPTER 12 - COMMUNITY DESIGN
1204 Implementation Strategies
(12Aa) Establish and maintain a development pattern and design criteria in
keeping with the rural transitional identity of Eagle. This includes growth within
the Impact Area that discourages or precludes the establishment of other City
centers.
(12Ac) The floodway shall be reserved as a natural state such as a greenbelt,
wildlife habitat, and open space recreational area and for agricultural uses.
Page 13 of31
K:\Planning DeptlEagle Applications\SUBS\2005\Corrente Bello pzfdoc
(12.4k) Encourage the preservation of natural resources such as creeks, drainages,
steep slopes, and ridgelines as visual amenities.
(12.41) Encourage the development of pathways and open-space corridors
throughout the City.
(12.40) Encourage the planting and preservation of trees that will create beauty
and add to the healthy environment of downtown (see Eagle Tree Plan below).
(12.4q) Maintain the rural residential character and open space environment in
and around the City.
12.5 Eagle Tree Plan
(12.5.1 Goal) To establish and enhance areas of tree growth that will create
beauty, add to a healthy environment and increase economic stability.
(12.5.2 Objectives) To create an urban forest that will help reduce air and noise
pollution, conserve water and reduce soil erosion, assist in modifYing the local
climate, increase property values, and improve Eagle's economy by providing a
pleasant and more comfortable place to shop and live.
SOARING 2025 PLAN
CHAPTER 6 LAND USE
Eagle Middle School Planning Area:
During the public visioning process, the densities around the Eagle Middle School
site were reviewed and an increase in residential density was recommended.
Though these changes are not contained within the Western Planning Area the
ultimate development densities in this area will have impacts on the expansion of
the City water system.
6.4J.l Uses
The land use designation in the Eagle Middle School Planning Area is
Transitional Residential, with an overall density for the area to be I-unit per acre
with a mix of open space combined with smaller lots located adjacent to the
school site transitioning to compatible lot sizes and scaling adjacent to the large
lots at the perimeter of the area.
6.4J.2 Access
Access to the area should focus on new internal linkages. Proper setbacks and
berming should be used to protect the arterials, from increasing residential uses.
6.4J.3 Design
Page 14 of31
K:\Planning DeptlEagle ApplicationslSUBS\2005\Corrente Bello pzfdoc
Overall residential density ofthe area shall be I unit per acre transitioning
into clustered and/or compatible lots adjacent to existing subdivisions at
the perimeter.
Development in the Eagle Middle School Planning Area shall be submitted as a
planed unit development and/or development agreement.
Open space and trails should be developed through out the development providing
connectivity to the school site.
All uses shall be setbacks from streams, irrigation and drains for trails and
open space;
Use of transitional lot sizes and clustering when new development abuts
existing subdivisions, business and office uses.
6.4J.4 Issues
The main concerns in the development of the area are the integration of lot sizes
and housing styles. The vision for the area is contingent on the integration of uses
and providing a flow of housing units throughout the area to avoid creating
defined separation from estate areas and moderate density area, for example.
Further the flow and provision of open space and trails through the area should be
key to development approval of the area. Special concern shall be made for the
Dry Creek floodway and floodplain to limit uses that are not consistent with the
delicate nature of these areas.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. ECC Section 8- I -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 8-2A-7 (4) (b)
Any road designated as a minor arterial on the Ada County long range highway and street
map:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: five
(5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
Page 15 of31
K:\Planning DeptlEagle ApplicationslSUBS\2005\Corrente Bello pzf.doc
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. Chain link, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
. ECC Section 8-6- I: 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 perm itted 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:
I. 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;
Page 16 of31
K:\Planning DeptlEagle ApplicationslSUBS\2005\Corrente Bello pzf.doc
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this Title.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. ECC Section 9-3-2- I (C) Stub Streets, states in part:
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.
. ECC Section 9-3-2-2 Street Widths:
A. Street and road right of way widths, grade, alignment, and so forth, shall conform to
the adopted major street plan or comprehensive plan and shall be approved by the
highway district and/or other agency having jurisdiction.
B. Notwithstanding subsection A of this section, access from a frontage road onto an
arterial street shall be limited to one thousand five hundred feet (1,500') between
points.
. ECC Section 9-3-8 (B) Natural Features:
Existing natural features which add value to residential development and enhance the
attractiveness of the community (such as trees, watercourses, historic spots and similar
irreplaceable assets) shall be preserved in the design of the subdivision.
. ECC Section 9-4-1-6 (F) Sidewalk Design:
I. Sidewalks, a minimum five (5') feet wide, shall be required on both sides
of the street; except, that where the average width of lots, as measured at
the street frontage line or at the building setback line, is over one hundred
feet (100'), sidewalks on only one side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in
accordance with the standards and specifications of the Ada County
Highway District.
3. Sidewalks shall be separated from the edge of the abutting roadway and /
or back of curb by a minimum five-foot (5') wide landscape strip. The
landscape strip shall be completed with sod, automatic irrigation, and
planted with 3-inch minimum caliper shade-class trees along all streets
within the subdivision. Installation of landscaping shall be in accordance
with Section 8-2A-7 of this Code.
. ECC Section 9-5-4-3 (C) Storage Areas:
Storage areas shall be provided for the anticipated needs of boats, campers and trailers.
For typical residential development, one adequate space shall be provided for every two
Page 17 of31
K:\Planning DeptlEagle ApplicationslSUBS\2005\Corrente Bello pzfdoc
(2) living units. This may be reduced by the City Council if there is a showing that the
needs of a particular development are less.
. ECC Section 9-5-4-3 (E) Maintenance Building:
A maintenance building shall be provided of such size and in such location as is suitable
for the service needs that are necessary for the repair and maintenance of all common
areas.
D. DISCUSSION:
. The Eagle Comprehensive Plan designates the property as "Transitional Residential" with a
density not to exceed I unit/acre. The "Transitional Residential" designation was envisioned to
allow activity center, such as schools, to benefit from increased density abutting the site while
requiring the buffering of these increased activity centers from established large lot residential
development. To allow the facility the flexibility and variation in lot sizes that would be needed
for these areas the comprehensive plan required the use of the PUD and Development agreements
in the planning process. The PUD process allows for an increase of density up to 15% if certain
design features are met (see Open Space in the Findings Section I). The proposed Corrente Bello
Subdivision has a density of 1.15 units per acre with the intent to capitalize on the 15%
discretionary bonus allowance provided as a component of the PUD process.
. The proposed development provides lots ranging from 11,900 square feet to 1.8 acres in size. The
zoning compatibility matrix in the comprehensive plan does provide an established zone for the
"Transitional Residential" designation. The applicant is requesting an R-3 zoning designation to
accommodate the smallest lot size being created, however, the development agreement associated
with the rezone for this site will limit the density of the entire development to 1. IS-units/acre. All
lots meet the minimum lot size in the R-3 zone; 10,000 square feet (smallest lot is I 1,932).
. Eagle City Code 8-6-6-3, requires all final development plans be reviewed by the Planning and
Zoning Commission as well as the City Council. This is partly to allow for additional City Review
for flexibility needed for long-range and large PUD's.
. The proposed design of this subdivision complies with the technical requirements (or will pursuant
to the conditions outlined herein) of Eagle City Code and includes aesthetic features such as
landscaped common lots which serve the dual purpose of irrigation water storage as well as open
space for the use of the residents.
. The proposed development includes 12.73% of the site as common area open space including
trails and gathering areas and landscape buffers.
. 65% of all lots within the development have direct access to the proposed open space. 73% of the
lots less than I acre in size have direct access to the open space.
. The proposed development provides a combination of linear open space (trails and view corridors)
and gathering areas (open fields, swimming pool, tot lot, and gazebo). This combination provides
for the interaction on a neighborhood level and provides spaces with the development for
organized sports teams to practice without overcrowding city parks.
. With regard to ECC Section 9-3-2-2 "Street Widths", the applicant proposes three access points
for the development; two shared access points and one private entry for the existing residence.
The proposed shared access points are spaced I, ISO-feet apart with the existing access point
located only 300-feet east of western shared access. The two proposed access points, though
approved by the Ada County Highway District, do not meet ECC Section 9-3-2-2(B) which
requires a minimum of a 1,500-foot separation between access points onto roads designated as an
Page 18 of31
K:\Planning Dept\Eagle Applications\SUBS\2005\Corrente Bello pzfdoc
arterial. Floating Feather Road is designated in the Eagle Soaring 2025 Plan as a future principle
arterial. The existing residential access point for Lot 20, Block 2, should be abandoned and access
should be taken from the proposed stub street at the terminus ofColline Bello Way to diminish the
conflict and congestion along Floating Feather Road.
. The applicant is proposing to remove all existing structures from the site with the exception ofthe
existing residence which is incorporated as a lot within the subdivision (Lot 20, Block 2). The
overall gross density of the development, including the area of Lot 20, Block 2 (9.57-acres), is
1.15 units/ acre. If the area of Lot 20, Block 2, was not included into the density calculation for
the overall development, the resulting development density would increase to I -unit/ I .25-acre and
would not comply with the Eagle Comprehensive Plan or the PUD provisions of the Eagle City
Code. Understanding this analysis, Lot 20 Block 2, though 9.57-acres in size, should be restricted
through the conditions of this PUD application to disallow future redevelopment. Redevelopment
of Lot 20, Block 2 (the future platting and creation of additional lots) would cause the Corrente
Bello PUD to be in noncompliance with Eagle City Code.
. The proposed preliminary landscape plan details three (3) knuckles at the intersections of Colline
Bello Way and Laco Bello Drive, Laco Bello Drive and Foresto Bello Way, and Valle Bello Way
and Oceano Bello Drive. Only two of the proposed knuckles contain a landscaped island in the
center of the turn around and appear on the preliminary site plan. All knuckle islands should be
landscaped and identified on the preliminary site plan.
. The trail system that is detailed throughout the common area open space does not show a
connection point to the Eagle Middle School site to the south and east of the development.
Without this connection point, the only pedestrian access to the school will be via the sidewalk
along Floating Feather Road. The applicant should be required to provide a revised preliminary
plat showing a direct pedestrian access point between this development and the middle school. The
access point (6-foot wide pathway connection) should be reviewed and approved by the Park and
Pathway Development Committee and the Design Review Board prior to submittal of a final plat.
. As noted within the applicant's justification letter, a 5-foot detached sidewalk is proposed along
Floating Feather Road (in accordance with the requirements of ACHD). The preliminary plat,
however, shows an attached sidewalk along Floating Feather Road. The applicant should provide a
revised preliminary plat showing: I) a 5-foot wide detached sidewalk with vertical curb and gutter
along Floating Feather Road, 2) a cross section of the road, sidewalk, and streetscape within the
buffer area prior to submittal of the final plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
STAFF RECOMMENDATION FOR THE REZONE:
Staff recommends approval with the following conditions to be placed within a development
agreement:
2.1 The maximum density for the Property shall be L15-dwelling units per acre (109 single family
lots), including the existing residential dwelling.
2.2 The existing single family dwelling shall be included as a part of any subdivision proposed for the
property.
2.3 The minimum lot size for the existing house site shall be 9.5-acres.
Page 19 of31
K:\Planning DeptlEagle Applications\SUBS\2005\Corrente Bello pzf.doc
2.4 Prior to the City Clerk signing the final plat for the first phase of any subdivision for this site, the
property owners shall abandon the existing access point on Floating Feather Road (which serves as
access for the existing house). Access to the existing house shall, at that point, be taken from an
internal street of said subdivision.
2.5 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") and architectural styles
(Exhibit "BOO) represents an example ofthe property owners' current concept for the site and
understands and agrees that changes in that concept will likely occur. The property owners also
understand and agree that any changes regarding development ofthe site must be in conformance
with the "Conditions of Development" stated herein.
2.6 The development shall comply with the Eagle City Code, as it exists in final form at the time a
design review application is made, including compliance with all of the conditions as provided
within this development agreement.
2.7 The property owners shall remove the nine (9) accessory structures located near the southeast
corner of the Property from the site prior to the issuance of any building permits for the site.
Demolition permits shall be obtained prior to the removal of said structures.
STAFF RECOMMENDATION FOR THE PUD:
Staff recommends approval with the site specific conditions of approval and the standard conditions of
approval provided below.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
June 20, 2005. Testimony was taken, the public hearing was closed, and the Commission
made their recommendation at that time.
B. Oral testimony in opposition to the application was presented by:
Kay Johnson testified that she has concerns with the deviation in the Comprehensive Plan in
regards to density. Mr. Johnson Would like Washam Road to remain undeveloped as required by
Ada County Highway District. Has no objection to the use of Washam for emergency access and
pedestrian access only.
Melinda Seivers testified that she feels the development goes against the spirit of the
Comprehensive Plan. Concerned with the negative impact on traffic and on the natural spring.
Would like the density to be revised so that the traffic will then decrease.
Brian DeHaas testified that the developer has been quite amiable to work with. Comments on the
new Comprehensive Plan and the recent changes and his displeasure with a Comprehensive Plan
that changes. Mr. DeHaas is concerned with the ditch on the west side of the property. He would
like the developer to address building heights.
Page 20 of31
K:\Planning DeptlEagle Applications\SUBS\2005\Corrente Bello pzf.doc
Stephanie Helms testified that she lives in a subdivision to the west of this development. Has met
with the developer regarding attempting to line up lot line areas. Concerned with the open ditch
and how the development will address the safety issues it may pose. Is supportive of the proposed
subdivision, the developer has made a good effort to work with adjoining property owners.
Concerned with what will happen with Washam Road. The sidewalk along Floating Feather will
be a welcome addition.
Lyle Skidmore testifies he has concerns that Washam Road would have emergency vehicles driven
down it, and also does not Washam Road widened and a sidewalk put it. Feels that property
values would be negatively impacted. Child safety is a big concerned. Does not want the
pedestrian traffic, it will be a safety issue as well.
C. Oral testimony in favor of the application was presented by:
Rick Phillips testified the he has lived here for almost 30 years. Comments on the drain ditches
and that there is rarely water in them. Mr. Phillips is pleased with the larger lots on the perimeter.
Concerned with the safety of the children who walk Washam Road each day to get to a bus stop.
If the use of Washam Road is increased as required by Ada County Highway District would cause
a great a great deal more traffic and decrease the safety of the kids. Would like Washam Road to
be used only for emergency access and pedestrian traffic or if improvements are required, that curb
gutter and a sidewalk is provided to increase safety.
Blake Mays testified that he owns the large 9 acre lot in this development. He is very opposed to
eliminating the entrance on Floating Feather Road. He is not opposed to moving the gate back off
of Floating Feather so as to not impede traffic. Does not want to have to drive a horse trailer
through the proposed subdivision and feels it will create a hazard to do so. Very adamant the
entrance remains.
David Bailey (project engineer) t He comments that Drainage District NO.2 is the controlling
factor for the drainage ditch which has been discussed. They will not be modifying the ditches
other than straightening them up, as allowed by Drainage District No.2. Comments on the
modifications proposed for Mr. Mayes entrance to his residence, and ACHD standards.
Mike Chase testified that overall it is a good proposal. Concerned with some of the drainage on
the property, but feels that the engineer would address that. Comments on the access to the site.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval ofRZ-7-05/CU-3-05/PPUD-2-05/PP-7-05
with the following staff recommended site specific and standard conditions of approval with text
shown with strike-thru to be deleted by the Commission and text shown with underline to be
added by the Commission:
Page 21 of31
K:\Planning DeptlEagle Applications\SUBS\2005\Corrente Bello pzf.doc
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all conditions within the development agreement for rezone application RZ-7 -05.
2. Comply with the requirements of the City Engineer.
3. The applicant shall submit payment to the City for all outstanding Engineering fees incurred
for reviewing this project, prior to the City Clerk signing the first final plat.
4. Comply with all site specific conditions provided within the Eagle Fire District letter dated,
June 14,2005.
5. Lot 20, Block 2 (existing house), shall be included in the final plat for phase one. Lot 20,
Block 2, will not be permitted additional dwelling units and shall not be reduced in size below
9.5-acres.
6. Provide a revised preliminary plat/preliminary development plan showing the removal and
relocation of the gate and entrance to Lot 20. Block 2 behind the berm of the existing HeatiHg
Feather Read aeeess te Lot 29, Bleek 2, aHd the additioH ef a Hew aeeess for Lot 29, Bleek 2,
Hom the stall street leeated at the termiHHs of ColliHe Bello Way !lrier to the sHsmittal of the
fiHal !llat for !lhase eHe. The elListiHg aeeess shall be remeved and tHe Hew aeeess eOHstmeted
prior to the City Clerk signing the final plat for phase one.
7. Comply with the all conditions of ACHD with exception of their condition to extend Washam
Road. efte allo',v direet aeeess te FleatiHg Feather Read f{)r the e/ListiHg heHse. With regaFd te
aeeess for the elListiHg HOHse, site speeifie eeHditioH of atl!lreval #5 &!leve shall apply. The
applicant shall provide a revised preliminary plat/preliminary development plan showing a 50-
foot wide pedestrian and emergencv access connection from Washam Road. This access shall
be noted as a potential future right of way on the plat notes.
8. Provide a revised preliminary plat/preliminary development plan showing the inclusion of
landscape islands in all street knuckles within the development.
9. The applicant shall place a note on the final plat that all common areas are to be owned and
maintained by the Corrente Bello Homeowner's Association. The applicant shall provide a
copy of the CC&Rs (which include a similar statement regarding the common areas) for
review and approval by the City attorney prior to the approval of the final plat for phase one.
The CC&Rs for the Corrente Bello Homeowner's Association shall provide that the
association shall have the duty to maintain and operate all of the common landscape areas in
the subdivision in a competent and attractive manner, including the watering, mowing,
fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity.
10. The entire Corrente Bello development shall remain under the control of one Homeowner's
Association.
I I. As described by the applicant, "Tuscan themed architectural style with Old World Exterior
finishes, wood doors, wrought iron gates and stunning outdoor living spaces" shall be the
required architecture standard for the development. Photo examples of the above descriptive
language, date stamped by the City on May 19, 2005, are incorporated herein by reference. To
assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component ofthe subdivision CCR&S. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&R's, and shall be
reviewed and approved by the City attorney prior to the approval of the final plat for phase
one.
Page 22 of31
K:\Planning DeptlEagle ApplicationslSUBS\2005\Corrente Bello pzf.doc
12. The submittal of the building permit application to the City for each home within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permits applications that do not have an approval letter attached will not
be accepted.
13. To assure compliance with the PUD conditions of approval herein, the City reserves the right
to deny, at its discretion, any building permit application that does not meet the architectural
requirements (as noted in the applicant's justification letter item "Z" and as required in site
specific condition of approval #1 I above) of the PUD.
14. Provide a revised preliminary plat/preliminary development plan showing note #2 changed to
reflect a rear lot line drainage and utility easement of 12-feet wide and a side lot line drainage
and utility easement of 6-feet wide.
15. Provide a revised preliminary plat/preliminary development plan showing the water supplier as
United Water.
16. Provide a revised preliminary plat/preliminary development plan showing all trails outside of
the public right-of-way a minimum of 6-feet wide. The revised plans shall be reviewed and
approved by the Parks and Pathway Development Committee and the Design Review Board
prior to the submittal of a final plat.
17. Provide a revised preliminary plat/preliminary development plan showing school crossing
areas at the intersection of Floating Feather Road and Corrente Bello Avenue and Costa Bello
Street and Corrente Bello Avenue. The location of the crossing areas and the markings for the
crossings (signage, striping, etc) shall be reviewed and approved by the Design Review Board
prior to submittal of a final plat.
18. Provide plans showing street lighting details for review and approval by the Zoning
Administrator with the submittal of the final plat. The plans shall show how the streetlights
will facilitate the "Dark Sky" concept of lighting.
19. All utility poles providing service to the existing structures on the site shall be removed, prior
to the issuance of any building permits for the site. All utility service lines serving existing
structures shall be placed underground prior to the issuance of any building permits for the
site.
20. The nine (9) accessory structures located near the southeast corner of the site shall be removed
from the site prior to the issuance of any building permits for the site. Demolition permits
shall be obtained prior to the removal of said structures.
21. The applicant shall submit a design review application showing: I) proposed subdivision
signage, 2) planting details within the proposed and required landscape islands and knuckles
and all common areas throughout the subdivision 3) building elevations for all proposed
common area structures and irrigation pump house, 4) landscape screening details of the
irrigation pump house,S) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities. The design review application shall
be reviewed and approved by the Design Review Board prior to the submittal of a final plat.
22. 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 and within five-feet (5') of the edge of the roadway. Prior to the
City Clerk signing the final plat, the applicant shall either install the required trees, sod, and
Page 23 of31
K:\Planning DeptlEagle ApplicationslSUBS\2005\Corrente Bello pzf.doc
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 swales (borrow ditches). 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.
23. All living trees that do not encroach upon the buildable area on any lot shall be preserved,
unless otherwise determined by the City Forester. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal
by the City Forester and the Design Review Board) shall be provided for Design Review
Board approval prior to the submittal of a final plat. 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.
24. Provide a landscape plan showing berming, fencing, and planting details within the required
50-foot wide buffer area along Floating Feather BeaeeR Light Road abutting this site for
review and approval by the Design Review Board prior to the submittal of a final plat.
25. Provide a revised preliminary development plan/preliminary plat plan showing: I) as-foot
wide detached sidewalk with vertical curb and gutter along Floating Feather Road, 2) a cross
section of the road, sidewalk, and streetscape within the buffer area prior to submittal of the
final plat.
26. The applicant shall provide a revised preliminary development plan! preliminary plat showing
a direct pedestrian access point between this development and the middle school. The access
point shall be mutually agreed upon by the Joint School District No.2. The access point (6-
foot wide pathway connection) shall be reviewed and approved by the Park and Pathway
Development Committee and the Design Review Board prior to submittal of a final plat.
27. The applicant shall provide a license agreement from ACHD approving the landscaping
located within the public rights-of-way abutting and within this site, prior to approval of a final
plat.
28. 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".
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. The applicant shall install at the entrances to Corrente Bello Subdivision 4' x 4' plywood or
other hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs being a
minimum of3-feet above the ground) noticing the contractors to clean up daily, no loud
music, and no dogs off leash.
31. The following setbacks and lot coverage requirements shall apply to Lots 2,3,4,5,7, and Lots
27-33, Block I:
Page 24 of31
K:\Planning DeptlEagle Applications\SUBS\2005\Corrente Bello pzf.doc
Maximum Lot Coverage - 35%
Setbacks:
Front - 30-feet
Rear - 30-feet
Interior Side - IS-feet
Street side - 30-feet
32. The following setbacks and lot coverage requirements shall apply to Lots 6,24,25, Block I:
Maximum Lot Coverage - 10%
Setbacks:
Front - 30-feet
Rear - 30-feet
Interior Side - 20-feet
Street side - 35-feet
33. The remainder of the lots within the PUD shall follow the setback and lot coverage
requirements for the R-3 zoning district.
34. The side setback (that side adjacent to the pathway) for lots adjacent to interior pathways shall
be IS-feet minimum.
35. The Design Review Board shall pay particular attention to the design and protection of the
Drainage District No.2 drain located along the western edge of the property.
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- I 18).
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 or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
Page 25 of31
K:\Planning DeptlEagle ApplicationslSUBS\20051Corrente Bello pzf.doc
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 ofthe 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
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.
II. 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
(I) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
Page 26 of31
K:\Planning DeptlEagle Applications\SUBS\2005\Corrente Bello pzf.doc
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved 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 and approved 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 Council or 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.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
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
Page 27 of 31
K:\Planning DeptlEagle ApplicationslSUBS\2005\Corrente Bello pzfdoc
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.
26. 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.
27. 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.
28. 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.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
3 I. 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 April 7, 2005 and amended on May
19,2005.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on June 4, 2005. 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 May 20,2005. Requests for agencies' reviews were
transmitted on May 19, 2005in accordance with the requirements of the Eagle City Code.
Page 28 of31
K:\Planning DeptlEagle ApplicationslSUBS\2005\Corrente Bello pzf.doc
3. The Commission reviewed the particular facts and circumstances of this proposed rezone, conditional
use permit, preliminary development plan, and preliminary plat (RZ-7-05/CU-3-05/PPUD-2-05/PP-7-
05) and based upon the information provided concludes that the proposed development is in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
1. That the proposed PUD is in the public interest, advances the general welfare ofthe community
and neighborhood, and will not be detrimental to the economic welfare of the community because;
The intent of the Corrente Bello PUD is to a choice in living environments by providing a variety of
single housing types which is a goal of the City of Eagle PUD ordinance. The homes are to be in a
location that is in close proximity to Eagle Middle School and downtown which will not only provide
goods easily accessible to residents, but also supports walkability to the Middle School site.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area because;
The Corrente Bello development provides similar lots sizes to the adjacent large lot development
to the north and east and concentrates smaller lot adjacent to open space to provide an open feel to
the development that is compatible with the existing residential uses.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The development will have access from Floating Feather Road and will provide an emergency
access to Washam Road. The site will be serviced by central water and sewer.
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 related to 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
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
Page 29 of31
K:\Planning DeptlEagle Applications\SUBS\2005\Corrente Bello pzrdoc
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, swimming pool and
tot lot that provides 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 Floating Feather Road by way of two public streets and a
individual driveway. The development will include stub streets to the adjacent parcels of this
development which will provide intra-neighborhood connectivity upon further development of
said property. The design and construction ofthe 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, scenic, or historical features are known to exist on the site.
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
Transitional Residential (densities of up to one dwelling unit per gross acre for this area) and will
provide a variety of housing types to accommodate residents with varying life style needs.
I 1. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8 because;
This application requests approval for a preliminary development plan and conditional use permit
as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet
the conditions herein. In addition, the development will be required to submit an application for
design review and comply with all Eagle City Codes and conditions of approval of the design
revIew.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations because;
The increased setbacks approved for the development will allow for further protection of the
existing residential uses and for a varied streetscape.
4. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-7-05)
Page 30 of31
K:\Planning DeptlEagle ApplicationslSUBS\2005\Corrente Bello pzf.doc
with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based
upon the information provided concludes that the proposed rezone upon annexation is in accordance
with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of R-3-DA-P (Residential up to Three units per acre
with a development agreement and PUD) is in accordance with the Transitional
Residential 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-3-DA-P (Residential up to Three units per acre with a development
agreement and PUD) zoning district is compatible with the RUT (Rural Urban
Transition - Ada County designation) zone to the east 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-3-DA-P (Residential up to Three units per acre with a development
agreement and PUD)zoning district is compatible with the RE zone (Residential
Estates) to the north since this development proposes to provide residential uses, lot
sizes and amenities that would be compatible with the existing residential uses,;
e. The proposed R-3-DA-P (Residential up to Three units per acre with a development
agreement and PUD) zoning district is compatible with the RE zone (Residential
Estates) zone to the west since that area has existing residential uses which are similar
in density to this development;
f. The proposed R-4-P R-3-DA-P (Residential up to Three units per acre with a
development agreement and PUD) zoning district is compatible with the RI zone
(Residential One) zone to the south since that area has existing residential uses which
are similar in density to this development;
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.
DATED this 5th day of July, 2005.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ma-.C unty, Idaho
.............
~., I,
I>,fl .J 0 F e", 0....
,tfl '\' ...... .; .'.
,r,."!- ..'-~'
~ ~ ,-,011" ..... '0;.
'"'..0 '(e. \ ~
"" .-
. -.- : * ::
i..
.. ~SEA~# :
\ "';. ......o"#o.~.f' l
.....Z 1'8 Of \\) ~",
"",.....,..""
ATTEST:
_il~~A Y- ~~
Sharon K. Bergmann, Eagle City lerk
Page 31 of 31
K:\Planning Dept\Eagle ApplicationslSUBSI20051CorrenLe Bello pzf.doc