Findings - CC - 2005 - CU-07-05/PPUD-03-05/PP-09-05 - Bellemeade Pud/63 Lot/15.75 Acre/312 N Park Ln/3850/3855 W Flint Dr
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT, )
PRELIMINARY DEVELOPMENT PLAN AND )
PRELIMINARY PLAT FOR BELLEMEADE )
PLANNED UNIT DEVELOPMENT FOR TOM )
RICKS AND JOHN WOOD )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-07-0S/PPUD-03-0S/PP-09-0S
The above-entitled Planned Unit Development application came before the Eagle City Council for their
action on September 27, 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:
Tom Ricks and John Wood, represented by Becky McKay with Engineering Solutions,
LLP are requesting preliminary development plan, conditional use and preliminary plat
approvals for Bellemeade Planned Unit Development, a 63-1ot (47-buildable, 16-common)
planned residential development. The 15.75-acre site is located at 312 North Park Lane,
3850 West Flint Drive and 3855 West Flint Drive.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on June 3, 2005.
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 July 2, 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 10, 2005. Requests for agencies' reviews were transmitted on June 10,
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 September 6, 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 September 12,
2005.
D. HISTORY OF PREVIOUS ACTIONS:
On September 7,2004, the City Council approved a Comprehensive Plan Amendment and
rezone (CP A-3-03, RZ-08-03) for this site to MU-DA (mixed use with development
agreement).
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E. COMPANION APPLICATIONS: All applications for the PUD are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA (Mixed Use with Agricultural/Residential
a development (Flint Estates Subdivision)
agreement)
Proposed No Change No Change Single Family Residential
Subdivision
North of site Public/Semi-Public PS (Public/Semipublic) Eagle High School
South of site Mixed Use A-R (Agricultural- Agricultural/Residential
Residential)
East of site Transitional A-R (Agricultural- Agricultural/Residential
Residential Residential) (Flint Estates Subdivision)
West of site Residential Three RUT (Ada County Agricultural/Residential
Designation - Rural
Urban Transitional)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site - 15.75 acres
Total Number of Lots - 63
Residential - 47
Commercial - 0
Industrial - 0
Common - 16
Total Number of Units - 47
Single-family - 47
Existing- 3
Proposed - 44
Total Acreage of Any Out-Parcels - 0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 2.98 units/Acre 3-units/acre maximum (as conditioned
in the development agreement for this
site.)
Minimum Lot Size 6,191 sq. ft 7,000 sq. ft.
Except that a decrease of minimum lot
size in a subdivision may be allowed if
there is an offsetting increase of the same
square-footage in open space and a
planned unit development is applied for
and approved) - per ECC Section 8-2-4
(G).
Minimum Lot Width 50 ft. 50 ft.
Minimum Street Frontage 35 ft. 35-ft.
1.70-acres (minimum)
Total Acreage of Common 3.00-acres [1.58 acres minimum plus .12-acres for
Lots lots smaller than the minimum (7,000
SF) - 5,143 - square feet total area
below 7,000 square feet.]
Percent of Site as Common 19.05 % 10.8% (minimum - see above)
Area
I. GENERAL SITE DESIGN FEATURES:
Open Space:
The proposed PUD will provide a total of 3.00 acres (19.05%) of common area. The
proposed common area is a combination of a pathway to the north accessing Eagle High
School, a pathway to the adjacent property to the east from Bashan Oaks Way, a 33,689
square foot pocket park with a pergola located in the north section, a pergola located in the
7,132 square foot space adjacent to Flint Drive, and a 20,432 square foot park area with
ten (10) parking spaces integrated into the landscaping adjacent to Flint Drive and the
proposed Mossy Oak Drive.
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Storm Drainage and Flood Control:
Street drainage plans have not 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.
The applicant is proposing a twelve (12') foot wide easement adjacent to any public street
or subdivision boundary and a five (5') foot wide easement is proposed adjacent to all
single-family lot lines which do not front a public street.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District. Potable
water shall be provided by United Water of Idaho. Irrigation water is to be provided by the
Ballantyne Ditch Company.
On-site Septic System (yes or no) - not allowed
This site will be required to be annexed by the Eagle Sewer District prior to the District
providing service.
Preservation of Existing Natural Features:
There are several trees located around the existing homes located on site. The City
Forester and the Design Review Board will need to review the location of the existing
trees as part of the Design Review process for retention and/or mitigation.
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.
J. STREET DESIGN:
Private or Public Streets: Public
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': Block 9 (Open space lot)
Cul-de-sac Design: None proposed
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting both sides of all
interior roadways, including the main entrance boulevard. The sidewalk is separated from
the adjacent curbs by a five-foot (5') wide planting strip.
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Curbs and Gutters:
Rolled curbs and gutters which meet Ada County Highway District standards are proposed
for the interior streets. A six (6") inch vertical curb is proposed along Flint Drive and Park
Lane adjacent to this site.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided and approved by the Zoning Administrator prior to the City Engineer
signing the final plat.
Street Names:
Street names approved by the Ada County Street Names Committee are shown on the
attached correspondence from that committee.
K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L. PUBLIC USES PROPOSED: None
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - Yes-See City Foresterreport dated July 12,2005 attached to the staffreport.
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. 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:
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City Engineer: All comments within the engineer's letter dated June 29, 2005 are of special
concern.
Ada County Highway District
Chevron Pipeline
Division of Environmental Quality
Eagle Sewer District
Idaho Power Company
Idaho Transportation Department
Meridian School District
Ringert Clark (rep: Drainage District #2) (correspondence dated July 6,2005)
Ringert Clark (rep: Drainage District #2) (correspondence dated July 8, 2005)
Q. LETTERS FROM THE PUBLIC:
Keith Atkins, City Forester, letter dated July 12, 2005 attached to the staff report.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to develop the project in one phase with anticipated
construction of infrastructure to begin in 2005.
s. 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.
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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 ofthe 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 (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.
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
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environment, vanatIOn 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. 2000 COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04)
designates this site as Mixed Use.
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial,
and residential developments. Uses should complement uses within the Central
Business District(CBD). Development within this land use designation should be
required to proceed through the PUD and/or Development Agreement process, see
specific planning area text for a complete description.
Chapter 6 - Land Use
6.3 Land Use Designations
Density shall be defined as the ratio of the total number of dwelling units within a
project divided by the total project area. Should that number be a fraction, it shall
be rounded up to the nearest whole number, expect where the comprehensive plan
details a fractional density and then the density shall not exceed the number
described in the comprehensive plan.
6.7 Implementation Strategies
c. Provide for a broad spectrum of housing types including apartments, townhouses,
condominiums, single family attached, manufactured homes, affordable and
subsidized housing and large acreage developments.
r. Encourage a verity of housing through such mechanisms as PUDs in subdivisions
including large lot subdivisions.
Chapter 8 - Transportation
8.2.4 Collectors
Mobility Function:
The primary function of a collector street is to intercept traffic from local streets
and carry the traffic to the nearest arterial street. A secondary function is to
service abutting property. The collector street may serve motorized and non-
motorized transportation needs, and be designed with the minimum street section
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to accommodate the projected vehicle volume and in conformance with the Long
Range Transportation Plan of AP A.
Access Function:
To provide limited and controlled access to commercial and industrial areas and to
residential neighborhoods.
8.3.1 Paths
Function: To provide for recreation and alternative transportation; important to
provide safe continuous thoroughfares with minimal cross flow of vehicular
traffic.
Location: Paths could be located on corridors separate from roadways such as
utility easements, irrigation canals, or adjacent to rivers or creeks. Paths could
also be located along roadway right-of-ways and would usually be separated from
vehicle travel lanes and the paved section of the roadway by a median or sidewalk.
8.6 - Implementation Strategies
c. Encourage roadway design standards that are consistent with the Idaho
Transportation Department (ITD), Ada County Highway District (ACHD), Ada
Planning Association (AP A), and other agencies that may be responsible for
roadway planning and design.
e. Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle TransportationlPathway Network
Maps #1 and #2, adopted local and regional pathway plans, as may be needed for
intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is
not unnecessarily pushed out onto arterials and collectors.
m. Establish and require minimum setbacks between developments and roadways and
to encourage installation of berms and landscaping for all developments to
enhance safety and to enrich the roadway and community appearance.
p. Encourage sidewalks that are separated from the curb on all streets, except for
areas where Eagle City Code requires sidewalks to abut the curb and where
existing buildings, inordinate environmental impacts, or other impacts make
setting the sidewalk back infeasible. Meandering sidewalks should be required
where space permits. A planter strip of sufficient width for street trees between
the sidewalk and roadway should be required to provide a canopy effect over the
roadways. The type of street trees used should be those which have root systems
that have proven to not cause sidewalk or curb damage when in close proximity to
such improvements.
Chapter 9 - Parks, Recreation and Open Spaces
9.5 Pathways and Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
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9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
e. 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.
To provide an open space setting for active and passive recreation for all age
groups throughout the community.
Chapter 10-Housing
10.2 Goal
Encourage a variety of housing so that all residents can choose sound, affordable
homes that meet individual needs.
a. A wide diversity of housing types and choice between ownership and rental
dwelling units will be encouraged for all income groups.
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Chapter 11 - Special Areas And Sites
11.4 Implementation and Strategies
a. Protect and improve natural and man-made waterways.
g. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
Chapter 12 - Community Design
12.1 Background and Vision
Community design is the organized fashion in which a community is developed in
order that a general mood or theme is established and maintained.
Development will occur in the downtown as well as along arterials. City growth
and increased traffic levels on Highway 44 and Highway 55 will stimulate
demand for new development along these entrances. These same corridors have
great potential for more intensive mixed-use development.
12.4 Implementation Strategies
I. Encourage the development of pathways and open-space corridors throughout
the City.
B. SOARING 2025 COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
Chapter 2 Community Design
2.5 Implementation Strategies
a. Provide increase residential density along the State Highway 44 and State
Highway 20/26 corridors when accompanied by alternative access plans.
c. Provide housing opportunities within walking distance of future transit
corridors.
d. Create a City composed of neighborhoods in which basic amenities
(schools, utilities, parks, and services) are accessible, visually pleasing,
and properly integrated to encourage walking and cycling.
6.4C Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining
community commercial, professional office, and a variety of residential
densities. The vision for the area is to recognize the activity center created
by Eagle High School and existing development approved by Ada County
and to provide compatible land uses at densities that accommodate
pedestrian scale design and future mass transit.
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6.4C.l Uses
The land use and development policies specific to the Park Lane Planning
Area include the following:
Flint Drive shall be preserved primarily as a residential street while
properties abutting State Street should include a mix of residential uses,
limited retail and office uses that promote trip capturing.
6.4C.2 Design
Flint Estates Area:
The Flint Estates area adjacent to State Highway 44 should be designed to
provide limited retail uses that encourage pedestrian circulation from the
residential and high school areas, and to compliment the existing mixed
use areas at State Highway 44 and Park Lane (Camille Beckman).
Street trees, benches and sidewalks are encouraged within the Flint Estates
Area as well as within the greater Park Lane Planning Area.
Transitional residential densities and design elements (berms, fences, etc.)
should be used to provide buffering to residential areas to the east and
north of the mixed use area.
C. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. ECC Section 8-1-2 OPEN SPACE:
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
. ECC Section 8-2-4 (G): A decrease of minimum lot size in a subdivision may be allowed if
there is an offsetting increase of the same square-footage in open space and a planned unit
development is applied for and approved.
. ECC Section 8-2-4 (I): Minimum lot frontage, the portion of a lot front adjacent to a public or
private street, for all residential zoning districts shall be 35 feet.
. ECC Section 8-2A-7 (J)(4)(a)
a. Any road designated as an urban or rural collector on the Ada County long range
highway and street map:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
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thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
. 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 8-6-5-2
B. Dedication Of Land For Public Use: A required amount of common open space land
reserved under a PUD shall either be held in corporate ownership by owners of the
project area for the use of each owner who buys property within the development or
be dedicated to the public and retained as common open space for parks, recreation
and related uses. Public utility and similar easements and right of way for
watercourses and other similar channels are not acceptable for common open space
dedication unless such land or right of way is usable as a trail or other similar purpose
and approved by the council.
C Maintenance: The responsibility for the maintenance of all open spaces shall be
specified by the developer before approval of the final development plan.
D. Clustering: Every property developed under the PUD approach should be designed to
abut upon common open space or similar areas. A clustering of dwellings is
encouraged.
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. 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.
. 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;
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.
D. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. ECC Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines
and side lot lines when deemed necessary. Total easement width shall not be less than
twelve feet (12').
. 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: Pedestrian/Bicycle Patheway And Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonmotorized forms of
travel, and to provide safe, convenient and aesthetic alternative travel routes to
common destinations such as schools, parks, shopping centers, etc. The following
factors will be considered in the placement of any pathway: the utility and need for a
given pathway, impacts to existing neighborhoods, compliance with the
transportation/pathway network maps within the comprehensive plan, pathway design
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as it relates to both crime prevention and function, and the responsibilities of
ownership, maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways, (except in cases
where it is shown to be inappropriate), that provides access to adjacent:
a. Schools;
d. Neighborhoods;
e. Shopping areas;
D. Pathway Design:
While the city may exercise considerable discretion in determining the design of
pathways, the following minimum standards should be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in
width. Micropathways within subdivisions which are designed for primary use by
the residences of the subdivision shall be a minimum six feet (6') wide and shall
be located within a sixteen foot (16') wide pedestrian access easement. Regional
pathways such as the Boise River greenbelt and pathways located adjacent to
major roadways shall be a minimum ten feet (10') wide and shall be located within
a twenty foot (20') wide pedestrian access easement.
2. A five foot (5') wide landscaped arealbuilding and fence setback, as measured
from both edges of the paved path, shall be required, and will be owned by either
the abutting property owner(s) or a homeowners' association unless accepted by a
public entity. The five foot (5') wide landscaped area on either side of the pathway
may be decreased to a minimum of two feet (2') wide (as measured from the edge
of asphalt to the easement line) when used in conjunction with a meandering
pathway, however, the total width of the landscape area shall not be less than ten
feet (10') (i.e., 2 feet on one side of the path and 8 feet on the other). For safety
purposes, planting material in this area is limited to three feet (3') in height. The
landscape, fence and building regulations for this area shall be indicated by a note
on the plat.
E. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS DEVELOPMENT:
. The subject property shall be annexed into the Eagle Sewer District's service boundary
prior to the issuance of any building permits for the site.
. Lots 1 and 2, Block 1 and Lot 2, Block 2, of Flint Estates shall be permitted for
development of a residential subdivision not to exceed 3-dwelling units per acre. The
residential subdivision shall be submitted as a Planned Unit Development (PUD).
F. DISCUSSION:
. This site is limited to a maximum density of three (3) dwelling units/acre through the
development agreement for RZ-08-03. The proposed density for this application is 3.05
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units/acre, which exceeds the maximum density allowed by one lot. The applicant states in
correspondence to the City of Eagle (date stamped by the City July 26,2005) that the
development should be eligible for a density bonus increase based upon the siting of the
homes on each lot. The Preliminary Development Plan does not differentiate designated
building pads other than those, which are normally allowed by Code. The City has not
received a copy of requirements regarding the placement of homes on site nor has the City
received elevations of homes showing how this development will differ from other
developments within the City. At this time there is nothing proposed regarding
landscaping, siting or design features that exceeds that of a non-PUD development. The
applicant should be required to remove one (1) lot. in density.
. The existing site consists of three (3), five (5) acre lots located within Flint Estates
Subdivision (which access Park Lane and Flint Drive); the existing parcels have been
developed with three single-family dwellings and accessory structures. The applicant has
proposed a development consisting offorty-eight (48) single-family dwellings with fifteen
(15) lots dedicated to common area. In addition, the applicant is proposing to incorporate
three (3) existing single family dwelling units into the subdivision. Neither Park Lane nor
Flint Drive is improved with curb, gutter, or sidewalk.
. By past action the Planning and Zoning Commission has recognized that the five-acre lots
within Flint Estates Subdivision are out of character within the immediate area due to the
higher density development occurring in the area and that higher intensity uses may
provide an economic stimulus to master-plan and develop the area in a prudent fashion.
The applicant should work with the surrounding property owners to accomplish this task
so that individual parcels are not reviewed on a case-by-case basis therefore creating a
more desirable planned development.
. The Comprehensive Plan Land Use Map designates this site as Mixed Use.
. The applicant is proposing to incorporate the three existing homes located on site into the
development. While it may be considered a positive feature to incorporate older dwellings
on lots into new residential subdivisions (to provide a variety of housing styles and
preserve some of the character of "ranchette" living), the inclusion of these older homes
would not warrant increased density.
. The intent of a Planned Unit Development (PUD) is to allow flexibility in the
development of a property (such as reduced lot sizes and setbacks) to create an area that is
unique in character and provides features that are not normally found in a standard
subdivision. In staff's opinion, the proposed development does not include amenities
different than those found in a typical non-PUD subdivision. There are no points of
interest, (facilities such as a clubhouse or swimming pool), and only a small amount of
open space that may be considered usable, which would allow people to interact within the
neighborhood. The majority ofthe open space consists of buffer areas, cul-de-sac islands,
and common lots intended to eliminate double frontage lots, rather than as usable
amenities. While these elements are important in the appearance of a subdivision (the
majority of which are required by ordinance) they do not contribute anything more unique
than a standard subdivision is required to provide.
With these thoughts in mind, staff does not recommend approval of a PUD designation for
this development. In order to achieve a development that is more conducive to a PUD, the
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applicant should consider adding more usable open space, connecting pathways between
sections of the development, and a more creative design regarding placement of dwelling
units.
. Drainage District #2 represented by Ringert Clark indicated in correspondences (date
stamped by the City on July 8 and July 12, 2005) that they have concerns regarding a
drainage ditch and easements that either runs through or abuts the proposed development.
The developer must contact the District's Attorney's for approval of any encroachment,
change of easement, or drainage discharge into the District's facilities. The District must
review drainage plans and construction plans prior to any approval.
. The preliminary plat indicates there are four (4) knuckles located within this development.
The knuckles are located at the intersections of N. Bashan Way and W. Blossom Rock
Street, W. Blossom Rock Street and N. Belle Pointe Ave. and two (2) located on W.
Mossy Oak Drive. All knuckle islands should be landscaped and identified on the
preliminary site plan. The knuckle located at the intersection of N. Bashan Way and W.
Blossom Rock Street does not meet the minimum size required by Ada County Highway
District policy of one hundred (100') square feet and will be required to be designed to
meet this requirement. There are also two (2) islands proposed within the development
one at the intersection of Park Lane and Flint Drive and the other is located at the
intersection of N. Bashan Oaks and Flint Drive. The Design Review Board will be
required to review and approve all landscaping within the development inclusive of the
street knuckles and street islands proposed.
. The trail system that is delineated throughout the common area open space shows a
connection point to the Eagle High School site to the north, however, it does not show a
connection to the mixed use area to the south of the development, nor does it show any
connectivity to the pocket park (Lot 2, Block 9) from the east and the west. Without the
connection point to the south, the only pedestrian access to this mixed use area will be via
the sidewalk along Park Lane. The applicant should be required to provide a revised
preliminary plat showing a direct pedestrian access point between this development and
the mixed use area to the south. In regard to the pocket park, the applicant indicated in
correspondence that because Block 9 is only 400' X 320' feet, it did not warrant
pedestrian linkages. Although this may be the case, this proposal is being applied for as a
Planned Unit Development, therefore through the Conditional Use Permit process more
restrictive standards may be required. The applicant should show pathways between the
pocket park (Lot 2, Block 9) delineated to the east connecting to N. Bashan Oaks Way and
to the west connecting to N. Belle Pointe Avenue. All proposed pathways should be
reviewed and approved by the Park and Pathway Development Committee and the Design
Review Board prior to submittal of a final plat.
. The proposed development includes 16.44% of the site as common area open space
including pathways, gathering areas and landscape buffers.
. 18% of all lots within the development have direct access to the proposed pocket parks.
. The applicant has proposed twelve (12) lots less than the required seven thousand (7,000')
square feet in size. The total lot area deficit is 5,143 square feet of .12 acres. The applicant
has proposed enough open space to compensate for the deficit in lot size.
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. The applicant is proposing to develop the project in one phase with anticipated
construction of infrastructure to begin in 2005.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff just prior to the Commission hearing on August 1, 2005, staff
recommends approval of the requested Conditional Use Permit, Preliminary Development Plan and
Preliminary Plat applications with the site specific conditions of approval and the standard conditions of
approval provided within this report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
1,2005, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicantlrepresentative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
COMMISSION DECISION:
The Commission voted 4 to 0 (Aspitarte absent) to recommend approval of Bellemeade Planned
Unit Development, CU-07-05, PPUD-03-05 & PP-09-05, for Tom Ricks and John Wood with the
site specific and standard conditions of approval shown within their findings of fact and
conclusions of law document dated August 15,2005.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 27, 2005.
Testimony was taken, the public hearing was closed, and the Council made their decision at that
time.
B. Oral testimony in opposition to the application was presented by no one.
C. Oral testimony in favor of the application was presented by no one (not including the
applicant/representative).
COUNCIL DECISION:
The Council voted 3 to 0 to approve CU-07-05, PPUD-03-05 & PP-09-05, for Tom Ricks and John
Wood with the following Planning and Zoning Commission recommended site specific and
standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-OS-03.
2. Comply with the requirements of the City Engineer. The applicant shall provide documentation
from the Armv Corps of Engineers regarding the requirement of a 404- Permit.
3. Comply with the requirements of Drainage District #2.
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4. 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 final plat.
5. Comply with all site specific conditions provided within the Eagle Fire District letter dated, July
27,2005.
6. The applicant's properties shall be annexed into the Eagle Sewer District's service boundaries and
shall comply with all applicable Eagle Sewer District regulations and conditions prior to the
approval of a final plat for this site.
7. The applicant shall provide a revised preliminary development plan/ preliminary plat showing a
direct pedestrian access point between this development and the mixed use area to the south as
well as access to the east and west boundaries to the open space lot (Lot 2, Block 9) from the
proposed interior roadways. Construction details (i.e. width, specific location, and surface
material) should be reviewed and approved by the Park & Pathway Committee and Design Review
Board prior to submittal of the final plat.
8. The applicant shall submit a design review application including, but not limited to: 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, 5) 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.
9. 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.
10. 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.
11. Provide a landscape plan showing berming, fencing, and planting details within the required 35-
foot wide buffer area along Park Lane abutting this site for review and approval by the Design
Review Board prior to the submittal of a final plat.
12. The applicant shall place a note on the final plat that all common areas are to be owned and
maintained by the Bellemeade 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 Bellemeade 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
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accordance with Eagle City Code, in perpetuity.
13. The style of architecture forresidences south of West Flint Drive shall be as shown on the
submitted elevation plans titled "Spur Ranch, Kastera Homes", date stamped by the City on
August 1,2005. The style of architecture forresidences north of West Flint Drive shall be as
shown on the submitted elevation plans titled "Spur Ranch, Kastera Homes", date stamped by the
City on September 27,2005. The applicant shall create an architectural control committee (ACe)
as a component of the subdivision CCR&S to review the required architectural style of the homes
to be constructed in this development. 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.
14. Provide a revised preliminary plat/preliminary development plan showing note #5 changed to
reflect rear lot line drainage and utility easement of 12-feet wide and a side lot line drainage and
utility easement of5-feet wide.
15. 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.
16. 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.
17. Place a note on the final plat stating that direct lot access to Park Lane and Flint Drive is
prohibited with the exception of LotlS, Block 1 as indicated on the submitted preliminary plat date
stamped by the city on August 1, 2005.
IS. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
19. The side setback (that side adjacent to the pathway) for lots adjacent to interior pathways shall be
5-feet.
20. 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.
21. 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.
22. Provide a revised preliminary plat adding a plat note which states the easement width on the
interior side lot lines Lots 2-15, Block One (1) shall be five (5') feet wide on either side of the
common lot line. The side setbacks on the interior lot lines on Lots 2-15, Block 1, shall be five (5')
feet wide. All lots north of Flint Drive (with the exception of lots adjacent to pathways) shall have
a side setback of seven and one-half (7 Y2') feet wide, two (2) story structures shall require an
additional two and one-half (2 Y2 ') feet.
23. Lot IS, Block I, as shown on the preliminary plat date stamped by the city on August 1, 2005 shall
remain residential and not be allowed to be re-subdivided.
ST ANDARD CONDITIONS OF APPROVAL:
I. 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,icurbs, gutters, streets and sidewalks.
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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. 39-1lS).
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-S.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.
S. Per Idaho Code, Section 31-3S05, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
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.
11. 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
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obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
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.
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
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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.
IS. 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.
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
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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 June 7, 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 July 2,2005. 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 10,2005. Requests for agencies' reviews were
transmitted on June 10,2005 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 September 6,
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 September 12, 2005.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-07-05/PPUD-03-05/PP-09-05) 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:
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1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community because;
The intent of the Bellemeade PUD is to provide a development with a Sun Valley/Tuscany
architectural styles similar to those shown in the submitted elevations date stamped by the City on
August 1,2005 and September 27,2005, and provide and increase in density in the Park Lane
Planning Area. The homes are to be in a location that is in close proximity to Eagle High School
and the Mixed Use area to the south adjacent to State Street (which possibly will develop into
commercial uses). This development supports pedestrian access to the High School and the Mixed
Use area.
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 Bellemeade development provides similar lots sizes and densities to developments to the west
and northwest.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The development will have access to Park Lane from Flint Drive. The development is bordered to
the north by Eagle High School. 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.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
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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 two pocket parks, which 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 Flint Drive from Park Lane the design and construction of
the roadways and entrances is guided by the Ada County Highway District.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
The existing trees that are located on the site will be preserved or upon their removal (if approved
by the City) will be replaced with an equivalent amount of new trees in accordance with Eagle City
Code.
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 Mixed
Use (densities of up to three dwelling units per gross acre for this area).
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8 because;
This application 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
reVlew.
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 development provides for a residential use in proximity to the High School to the north and
the Mixed Use area to the south which will possibly develop into commercial uses.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-09-
05) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the density of the approved ZOnIng
designation of MU-DA (Mixed Use, three dwelling units per acre maximum); and
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the
Eagle City Code since the development is consistent with the Comprehensive Plan and
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provide the requires improvements for a subdivision; and
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing and intended character of the general vicinity and that such
use will not change the essential character ofthe same area; and
d. Will not create excessive additional requirements at public cost for facilities and services
as the site will be served with septic systems and will use public water to be served from
United Water. Fire protection will be available from the Eagle Fire District and fire
hydrants will be provided were required; and
e. Will have vehicular approaches to the property designed to not create an interference with
traffic on surrounding public thoroughfares since the project is reviewed and approved the
highway district having jurisdiction and is subject to the conditions therein; and
f. This development is in continuity with the capital improvement program since the
required public improvements have been installed on site, or are expected to be installed
with the development of individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle Fire
Department and the Ada County Highway District, or as conditioned herein, there is
adequate public financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the Council's
attention have been adequately addressed by the applicant or will be conditions of final
plat approval as set forth within the conditions of approval above.
5. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 11th day of October 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
,^da County, Idaho
~~;;I'
ATTEST:
>>rA~O '" (6~~,~~
Sharort K. Bergmann, Eagle Ci Clerk
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