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Findings - CC - 2005 - RZ-7-05/CU-3-05/PPUD-2-05/PP-7-05 - Rz From Re To R3-Da/Cup/Ppud/Pp/Corrente Bello Pud/137 Lot/94.89 Acre BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A REZONE WITH DEVELOPMENT ) AGREEMENT, CONDITIONAL USE, ) PRELIMINARY DEVELOPMENT PLAN, ) AND PRELIMINARY PLAT FOR CORRENTE ) BELLO PLANNED UNIT DEVELOPMENT FOR ) CARMEN, LLC & GEMSTAR DEVELOPMENT ) ORIGINAL FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-7-05/CU.3-05/PPUD-2-05/PP.7-05 The above-entitled Planned Unit Development application came before the Eagle City Council for their action on August 9,2005. 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: 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 137-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 The original comprehensive plan amendment previously submitted with this application has been withdrawn.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. 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 25, 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 July 20, 2005. D. HISTORY OF RELEVANT PREVIOUS ACTIONS:NONE E. COMPANION APPLICATIONS: All applications for the PUD are inclusive herein. Page 1 of 29 K:IPlanning DeptlEagle Applications\SUBSI2005\Corrente Bello ccf.doc F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): See justification letter date stamped by the City on May 19, 2005, provided by the applicant's representative (attached to the staff report). 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 & 1 unit/acre) 1 unit/2 acres Pasture Proposed Transitional Residential (up to R-3-DA (Residential1.15 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 & 1 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 of site Transitional Residential (up to R-E (Residential Estates) Single Family Residential 1 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 Proposed - 108 Total Acreage of Any Out-Parcels - 0 Page 2 of 29 K:\Planning DeptlEagle Applications\SUBS\2005ICorrente Bello ccf.doc Additional Site Data Proposed Required Dwelling Units Per Gross Acre 1.15 units/Acre I-unit/acre maximum (US-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 12.08-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% 10% 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)(I) 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- 4(A)(l): 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 Page 3 of 29 K:\Planning DeptlEagle Applications\SUBSI2005ICorrente Bello ccf.doc 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 IS-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. 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. Page 4 of 29 K:\Planning DeptlEagle ApplicationsISUBSI2005\Corrente Bello ccfdoc 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 swalesllandscape 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 swalesllandscape 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 comers of Colline 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 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 Page 5 of 29 K:\Planning DeptlEagle Applications\SUBSI2005\Corrente Bello ccf.doc 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 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. 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 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 of the 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 to the staff report and are incorporated herein by reference. Q. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments which appear to be of special concern are noted below: Page 6 of 29 K:\Planning DeptlEagle ApplicationslSUBSl2005lCorrente Bello ccf.doc 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 warning 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 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 Page 7 of 29 K:\Planning DeptlEagLe ApplicationsISUBS\2005ICorrente Bello ccf.doc 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. II. 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 (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. 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. Page 8 of 29 K:IPlanning DeptlEagle Applications\SUBSI2005ICorrente Bello ccfdoc 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: 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 Page 9 of 29 K:\Planning Dept\Eag1e ApplicationsISUBS\2005ICorrente Bello ccfdoc 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 of fish, wildlife, 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 TransportationlPathway Network Maps #1 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 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. (8.6c) Encourage roadway design standards that are consistent with the Idaho Transportation Department (lID), 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. (8.6i) Encourage street lighting to increase roadway and neighborhood safety while preserving a rural environment free of any unnecessary lighting. Page 10 of 29 K:\Planning Dept\Eagle Applications\SUBSI2005\Corrente Bello ccf.doc 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, green belts, 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). (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 (1O.3a) A wide diversity of housing types and choice between ownership and rental dwelling units will be encouraged for all income groups. (1O.3b) The location of all housing should be coordinated with provisions for adequate public facilities and services. CHAPTER 11 - SPECIAL AREAS AND SITES Page 11 of 29 K:IPlanning DeptlEagle ApplicationslSUBSl2005lCorrente Bello ccfdoc 11.4 Implementation and Strategies (11.4a) Protect and improve natural and man-made waterways. (ll.4g) Preserve existing trees and establish appropriate landscaping as a part of new developments. (11.4h) Encourage the preservation of habitat areas which provide for fish and wildlife. (11.4i) 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 12.4 Implementation Strategies (12.4a) 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. (12.4c) The floodway shall be reserved as a natural state such as a greenbelt, wildlife habitat, and open space recreational area and for agricultural uses. (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: Page 12 of29 K:\Planning DeptlEagle ApplicationslSUBSl2005lCorrente Bello ccf.doc 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 Overall residential density of the 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 flood way 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 8-1-2 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. Page 13 of 29 K:\Planning DeptlEagle ApplicationslSUBSl2005lCorrente Bello ccfdoc . 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, 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 8-6-1: 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 Page 14 of 29 K:\Planning Dept\Eagle ApplicationslSUBSl2005lCorrente Bello ccf.doc be attached to said permit including, but not limited to, those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on-site or off-site public facilities or services; and 7. Requiring more restrictive standards than those generally required in this Title. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 9-3-2-1 (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: 1. 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 (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. Page 15 of 29 K:\Planning DeptlEagle ApplicationslSUBSl2005lCorrente Bello ccf.doc . 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 1 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 I. IS-units/acre. All lots meet the minimum lot size in the R-3 zone; 10,000 square feet (smallest lot is II, 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 1,150-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 16 of29 K:\Planning DeptlEagle ApplicationslSUBSl2005lCorrente Bello ccfdoc 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 of Colline 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 of the 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 l-unit/1.25-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: 1) 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 conditions to be placed within a development agreement as provided within the staff report. STAFF RECOMMENDATION FOR THE PUD: Staff recommends approval 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 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 Page 17 of 29 K:\Planning DeptlEagle Applications\SUBSI2005\Corrente Bello ccf.doc 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. 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) 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. Page 18 of 29 K:\Planning DeptlEagle ApplicationslSUBSl2005lCorrente Bello ccfdoc 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 of RZ-7-05/CU-3-05/PPUD-2-05/PP-7-05 for Corrente Bello Planned Unit Development with the development agreement conditions of approval and the site specific and standard conditions of approval shown within their findings of fact and conclusions of law document dated July 5, 2005. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on August 9, 2005, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in favor of this proposal was presented to the City Council by six (6) individual. The individuals complimented Greg Hall for contacting the neighbors during the early planning stages of the development. Because Mr. Hall worked with the neighbors in the preliminary stages it allowed for input to create a development that is compatible to the neighboring properties. Two (2) of the individuals who live on Washam Road were thankful that the development is not using Washam Road for vehicle ingress/egress. The individuals were in support of the pathway from the development to Washam Road. The individuals also discussed mosquitoes, buffering, only allowing single-story homes (adjacent to their properties) and irrigation (pump noise) issues they would like to see addressed. C. Oral testimony in opposition to this proposal was presented to the City Council by one (I) individual. The individual indicated that one of the proposed streets is in direct alignment with his driveway. He said that he has problems getting out of his driveway at this time and the development will make the situation worse. The individual is also concerned with headlight glare from vehicles accessing Floating Feather Road from the proposed street. D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the City Council by one (1) individual who asked if the irrigation ditch through the development will be left open or tiled. They preferred that the ditch be left open. COUNCIL DECISION: The Council voted 3 to 0 (Nordstrom absent) to approve RZ-7-05/CU-3-05/PPUD-2-05/PP-7-05 for Corrente Bello Planned Unit Development with the following conditions to be placed within a development agreement with underlined text to be added by the Council; and with the site specific conditions of approval and standard conditions of approval (shown following the development agreement conditions below) with text shown with underline to be added by the Council. CONDITIONS TO BE PLACED WITHIN A DEVELOPMENT AGREEMENT: 2.1 The maximum density for the Property shall be !.IS-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. 2.4 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") and architectural styles (Exhibit "B") represents an example of the property owners' current concept for the site and understands and agrees that changes in that concept will likely occur. The property owners also Page 19 of 29 K:\Planning DeptlEagle Applications\SUBS\2005ICorrente Bello ccf.doc understand and agree that any changes regarding development of the site must be in conformance with the "Conditions of Development" stated herein. 2.5 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. 2.6 The property owners shall remove the nine (9) accessory structures located near the southeast comer 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. 2.7 The homes to be constructed on Lots 24,25,27,32 and 33, Block I, (as shown on the Preliminary Plat, date stamped by the City on May 19, 2005), shall not exceed one-story in height (25-feet maximum height excluding daylight basement). SITE SPECIFIC CONDITIONS OF APPROVAL: 1. 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 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. The applicant shall provide a revised preliminary plat/preliminary development plan showing a 50-foot wide pedestrian and emergency 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. Page 20 of 29 K:IPlanning DeptlEagle ApplicationslSUBSl2005lCorrente Bello ccf.doc II. 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 of the 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. 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 # II 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 A venue 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 comer 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: 1) 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, Page 21 of29 K:\Planning DeptlEagle ApplicationslSUBSI2005lCorrente Bello ccf.doc playground equipment, gazebos, and/or similar amenities, 6) a submersible DumD in the DumD house to reduce noise, and 7) stvle of Donds to be constructed in reference to mosquito abatement. 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 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 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: 1) 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 of 3-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 Page 22 of 29 K:\Planning DeptlEagle Applications\SUBS\2005\Corrente Bello ccf.doc 27-33, Block 1: 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 ofthe 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 ofthe 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. 39-118). 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 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 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. Page 23 of 29 K:IPlanning Dept\Eagle Applications\SUBSI2005ICorrente Bello ccf.doc 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 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: 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. Page 24 of 29 K:\Planning DeptlEagle ApplicationsISUBSI2005\Corrente Bello ccf.doc 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 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. 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 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. Page 25 of 29 K:\Planning DeptlEagle ApplicationsISUBS\2005ICorrente Bello ccf.doc 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. 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 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. 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 25, 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 July 20, 2005. 3. The Council 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 Page 26 of 29 K:\Planning DeptlEagle ApplicationsISUBSI2005\Corrente Bello ccf.doc with the City of Eagle Comprehensive Plan and established goals and objectives because: I. 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; The intent of the Corrente Bello PUD is to provide a choice of 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 the 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 provides the services in the initial stages of development the public service providers avoid potential liability and expenses. 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. 7. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares because; Page 27 of 29 K:\Planning DeptlEagle ApplicationsISUBSI2005\Corrente Bello ccf.doc Access to the development will be from Floating Feather Road by way of two public streets and an 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 of the roadways and entrances is guided by the Ada County Highway District. 8. 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. 9. 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 lifestyle needs. 10. 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. 11. 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 Council reviewed the particular facts and circumstances of this proposed rezone (RZ-7-05) 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 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 with a development agreement (limiting density to 1.15 dwelling units per acre) 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 with a development agreement (limiting density to 1.15 dwelling units per acre) 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 with a development agreement (limiting density to 1.15 dwelling units per acre) and PUD) zoning district is compatible with the R-E zone (Residential Estates) to the north and the west since this development proposes to provide residential uses, lot sizes and amenities that would be compatible with the existing residential uses; Page 28 of 29 K:\Planning DeptlEagle ApplicationslSUBSl2005lCorrente Bello ccf.doc e. The proposed R-3-DA-P (Residential with a development agreement (limiting density to 1.15 dwelling units per acre) and PUD) zoning district is compatible with the R-I zone to the south since that area has existing residential uses which are similar in density to this development; f. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and g. No non-conforming uses are expected to be created with this rezone. DATED this 13th day of September 2005. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho .'".......... ........ OF E "'<< t~;.......~.o< <<<<<<<<.., v/..o,-VOR-1;;:: " Ie.; ~J \ i*: -.-If)*: \ \~ SEAL,f II' ..~ " ~ <.I'.?- ..~"I>ORl,1t.~" .....0 ..<< "f l' .......~ t-"V <<.<<" E OF \v II'........,.,w Page 29 of 29 K:\Planning DeptlEagle Applications\SUBSl2005ICorrente Bello ccf.doc