Findings - PZ - 2005 - A-08-05/RZ-12-05/PP-11-05 - A/Rz From Rut To R2-Da/Pp Park Place Gardens/126 Lot/95.32 Acre
OR\G\NAl
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR ANNEXATION, REZONE AND PRELIMINARY PLAT)
FOR PARK PLACE GARDENS FOR A RESIDENTIAL )
SUBDIVISION FOR PARK PLACE PARTNERS, LLC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-08-05/RZ-12-05/PP-U.05
The above-entitled annexation, rezone and preliminary plat application came before the Eagle
Planing and Zoning Commission for their recommendation on December 19, 2005. The public
hearing was closed at that time. The Eagle Planning and Zoning Commission, having heard and
taken oral and written testimony, and having duly considered the matter, makes the following
Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Park Place Partners, LLC, represented by Bill Clark with Clark Development, is
requesting an annexation and rezone from RUT (Rural Urban Transition) to R-2-
DA (Residential 2-units per acre with a development agreement), and preliminary
plat approval for Park Place Gardens, a l26-lot (112-buildable, l4-common)
subdivision. The 95.32-acre site is located between Meridian Road and Park Lane
approximately 1,300 feet north of Floating Feather Road.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on June 23, 2005
and amended on November 10, 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 December 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 December 2,2005. Requests for
agencies' reviews were transmitted on November 14, 2005 in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
CPA-2-04: The Soaring 2025 Western Area plan that changed the land use
designation from Residential Estates (1 unit /two acres ) to Residential Two(2
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units/acre) was adopted by the Eagle City Council on September 14,2005.
E. COMPANION APPLICATIONS:
ZOA-4-05: A request to amend Eagle City Code 8-2-1 to amend the definition of
a "Development Agreement" to allow for the use of a development agreement in
lieu of a Planned Unit Development (PUD) for properties identified in the Soaring
2025 Western Area Plan.
F. APPLICANT'S STATEMENT OF JUSTIFlCATION OF A DEVELOPMENT
AGREEMENT (if applicable):
See applicant's justification letter date stamped by the City on June 23, 2005
(attached hereto).
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G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up RUT (Rural Urban Single Family Dwelling
to 2 units per acre) Transition-Ada County & Pasture
Designation)
Proposed R-2-DA (ResidentiaI2-units/ Single Family,
Residential Two (up acre with a development Residential Development
to 2 units per acre) agreement)
North of site Residential Two (up R-E (Residential Estates 1- Single family residential
to 2 units per acre) unit/2 acres) Rl (Residential subdivision- Varied lot
I-unit per acre-Ada County sIzes
designation) RUT (Rural
Urban Transition-Ada County
Designation)
South of site Residential Two (up R-E (Residential Estates 1- Single family residential
to 2 units per acre) unit/2 acres) Rl (Residential subdivision- Varied lot
I-unit per acre-Ada County sIzes
designation)
East of site Residential Estates RUT (Rural Urban Single family residential
(up to 1 units per 2 Transition-Ada Co. subdivision
acres) Designation) & PS
(Public/Semipublic)
West of site Residential Two (up R-E (Residential Estates 1- Proposed Moffat
to 2 units per acre) unit/2 acres) Subdivision, Single
Family residential and
pasture
H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
I. SITE DATA:
Total Acreage of Site - 95.32 Acres
Total Number of Lots - 126
Residential - 112
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Common - 14
Total Number of Units - 112
Single-family - 112
Existing - 1
Proposed - 112
Total Acreage of Any Out-Parcels - 0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.17 uni ts/ Acre 2-units/acre maximum
Minimum Lot Size 17,000 sq. ft. 17,000 sq. ft. .
Minimum Lot Width 75 ft. 75 ft.
Minimum Street Frontage 43 ft. 35-ft.
Total Acreage of Common Lots 18.4 2-acres 9.53-acres Minimum
Percent of Site as Common Area 19.3% 10% Minimum
J. GENERAL SITE DESIGN FEATURES:
Open Space and Design:
The proposed development will provide a total of 18.42 acres (19.3%) of usable
common area. The proposed common area is a combination of linear pathways and
gathering places (swimming pool, multi-use trails and open fields). A minimum of
19.3% open space is required by the proposed development agreement.
The proposed street sections throughout the development promotes pedestrian
activity via the detached sidewalks. The pathway network allows for circulation
along and across the canal that bisects the property as well as connecting to the trail
located along Park Lane. The residential collector (Central Park Drive) has been
designed with landscape strips and 5-foot (5') wide detached sidewalks on both
sides with a lO-foot (10') wide landscape island in the center of the street to
accommodate large shade class trees to provide for a tree lined/canopy covered
street at each entrance. The proposed roundabout at the center of the property
provides for a unique and distinctive center point for the western portion of the
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development. The eastern and western portions of the development are connected
by two pedestrian bridges connected to the development's pathway system.
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. All existing trees will be reviewed by the City Forester and
the Design Review Board for retention.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be
required to be preserved. If during excavation or development of the site, any
historical artifacts are discovered, state law requires immediate notification to the
state.
K. STREET DESIGN:
Public Streets:
Three direct access points are proposed: two to Park Lane at the western edge of
the property and one to Meridian Road on the eastern edge of the property. Two
additional stub streets are proposed at Corsey A venue connecting to the north to
Henry's North Forty Subdivision, and DeSoto Way connecting north to the
existing Tabasco Subdivision. The existing stub street at the south boundary of
the site, Caretto Way connecting to Cavallo Estates Subdivision, has been
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proposed as a pedestrian connection only. The applicant is proposing to
construct three roadway cross sections: two cross sections for Central Park Drive
50-60-foot (50' to 60'), a residential collector, and a 42-foot (42') wide local
road. The residential collector roadway varies in width through the development
ranging from 60' from back of curb at the entrances at Meridian Road and Linder
Road and narrowing to 50' from back of curb in the "Main Street" area. The
Main Street area will include housing facing the collector with individual lot
access from a rear alley. On street parking will be allowed as a traffic calming
tool in this area. The Residential Collector will have a vertical curb with an 8-
foot (8') planter strip and a five-foot (5') detached sidewalk proposed on both
sides of the roadway. The local roadway within the development is a twenty-
nine foot (29') wide roadway section (as measured from back of curb to back of
curb). Rolled 3" curb and an eight -foot (8') wide grass landscape strips and five
foot (5') wide detached sidewalks are proposed on both sides of the roadway.
Blocks Less Than 500-feetTwo, Block 6 & 8
Cul-de-sac Design:
Two (2) Cul-de-sacs are proposed:
Bulb Court: 350-feet in length with a 50-foot radius
Perennial Court: 450-feet in length with a 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.
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 is required
before Final Plat Approval by the Eagle City Council. Any modifications of street
names shall be completed before final plat approval.
L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
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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 network allows for circulation along and across the canal that bisects
the property as well as connecting to the trail located along Park Lane. The
pathway system will connect existing and future residential developments.
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.
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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 Preservation of Existing Natural Features section above
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - pheasant and quail
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF
REQUIRED): An EAP plan was submitted with this application. A review of the
EAP has been completed by the City Engineer. Their comments are attached
hereto and are incorporated herein.
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the Engineer's letter dated August 3, 2005, are of
special concern (see attached).
Ada County Highway District
Chevron Pipeline
Eagle Fire District
Eagle Sewer District
Meridian School District
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R. LETTERS FROM THE PUBLIC:
To date no letters have been received from the public with regard to the redesign.
For the previous submittal:
Thirty seven (37) letters regarding the previous design have been received to date.
The letters are attached hereto and are incorporated herein by reference.
Eleven (11) petitions regarding the previous design have been received to date.
The petitions are attached hereto and are incorporated herein be reference.
S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing three phases for the development. Build out of the
entire development is anticipated within 5-years of the first final plat approval.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2000 EAGLE COMPREHENISVE PLAN
CHAPTER 4 _ SCHOOLS, PUBLIC SERVICES AND UTILITIES
4.5 Implementation Strategies
a. Encourage school districts to develop and report current
projections to assess the impact of new development on school
enrollment and facilities.
b. Explore legally suitable opportunities for developers to assist in
donating or purchasing school sites identified in the district(s)
master facilities plan, according to student demand created by
future land use development.
c. The City and school district(s) should coordinate school site
selection to ensure the availability of public services.
d. Encourage land use development to reduce street hazards by
developing access to elementary and secondary schools on local
streets and/or pathways.
e. Encourage the use of schools as an integral part of the community
by making joint agreements with the school district to allow
community uses of school facilities.
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CHAPTER 6 - LAND USE
Residential Two
Suitable primarily for single family residential development within areas that are
rural in character.
6.5 Goal
To preserve the rural transitional identity.
6.6 Objectives
a. To encourage the preservation of open spaces.
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.
(6.71) Farm related uses and activities should be protected from land use
conflicts or interference created by residential, commercial, or industrial
development. The Idaho Right To Farm Act should be promoted.
CHAPTER 7 - NATURAL RESOURCES AND HAZARD AREAS
7.9 Goal
Special concern and attention should be given to the preservation of fish,
wildlife, water resources, air quality, agriculture, open space and
recreation-nature areas when implementing planning and zoning decisions.
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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 (AP A) 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 (ITD), Ada County Highway District
(ACHD), Ada Planning Association (APA), and other agencies that may
be responsible for roadway planning and design;
(8.6m) Establish and require minimum setbacks between developments
and roadways and to encourage installation of berms and landscaping for
all developments to enhance safety and to enrich the roadway and
community appearance; and
(8.6p) Encourage sidewalks that are separated from the curb on all streets,
except for areas where Eagle City Code requires sidewalks to abut the curb
and where existing buildings, inordinate environmental impacts, or other
impacts make setting the sidewalk back infeasible. Meandering sidewalks
should be required where space permits. A planter strip of sufficient width
for street trees between the sidewalk and roadway should be required to
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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.
CHAPTER 9 - PARKS, RECREATION AND OPEN SPACES
9.5.2 Objectives
(9.5.2a) To create a pathway system that reflects desire to have a
pedestrian and bicycle friendly community.
(9.5.2b) To provide a network of central and neighborhood paths where
residents are able to safely access and utilize pathways for alternative
forms of transportation.
(9.5.2e) All development should provide developed pathways for
connection to Eagle's public pathway system and/or adjoining
development's public pathway system.
9.6 OPEN SPACE: Open space is land which is not used for buildings
or structures and offers opportunities for parks, recreation, water
amenities, greenbelts, river trails and pathways, tourism, leisure activities,
viewpoints, and wildlife habitat.
(9.6.1 Goal) To provide wherever possible open space and natural features
such as natural river frontage, greenbelts, river trails and pathways, creeks,
flood plains and flood ways, drainage ways and canals, development
buffers, wooded areas, grasslands, foothills, and viewpoints for public use
and enjoyment.
(9.6.2 Objectives) To establish open space to protect the finite resource
base of Eagle's natural environment - air, ground water, surface water,
soil, forested areas, plant and wildlife habitats, agricultural lands, and
aquifer recharge, watersheds, and wetlands.
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(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
11.4 Implementation and Strategies
(l1.4a) Protect and improve natural and man-made waterways.
(ll.4g) Preserve existing trees and establish appropriate landscaping as a
part of new developments.
(1l.4h) Encourage the preservation of habitat areas which provide for fish
and wildlife.
(l1.4i) The City may require developers to prepare and submit an
environmental assessment and any such additional reports as the City may
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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
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economy by providing a pleasant and more comfortable place to shop and
live.
SOARING 2025 PLAN
CHAPTER 2 COMMUNITY DESIGN
2.1 Background
As a part of the review of the 2000 Comprehensive Plan the City of Eagle,
held
three public visioning sessions that asked the public to evaluate the "Built
City"
or tell the City well they were doing in managing a guiding development
in the
2000 AOI. This study found that the City of Eagle, though stable and
solidified in
its vision to develop a city with a uniquely rural character, did not look to
integrate alternative housing options within the AOI. This section will
discuss
the goals, objectives and implementation strategies related to Community
Design,
Neighborhoods and housing options.
2.3 Goals
Identify "Activity Centers": Identify areas that due to the nature of
existing
uses, future uses and/or transportation corridors will lend themselves to
increased
activity and non-residential use so to preserve larger areas as primarily
residential
neighborhoods.
2.4 Objectives
Provide residents of the City of Eagle and the Area of City impact
opportunities to
seek housing in a neighborhood of their choice.
Create a clearly identifiable community.
2.5 Implementation Strategies
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.
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e. Ensure that all commercial uses are designed to be compatible and
context
sensitive to residential uses and environmentally sensitive areas.
f. Encourage the preservation and public access to open space through
developments and as a rural design element of urbanizing areas.
j. Provide a variety of housing opportunities ranging from large lot
residential to multi-family apartment uses.
n. Elementary and middle schools should be located in residential
neighborhood to facilitate walking and reduce busing costs for the district.
Elementary and Middle schools may be located on collector roadways as
defined by the Regional Functional Classification Map, High School
maybe located on arterials.
o. Prohibit the development of schools on sites that present a hazard,
nuisance or other limitation on normal functions of the school.
r. All non-transmission utility distribution within the City of Eagle should
be
underground.
s. All urban development shall occur under the jurisdictional authority of
the
City and be connected to municipal services.
CHAPTER 4 PUBLIC FACILITES AND SERVICES
4.2.1 School Goals
Support the safe maintenance and construction of the public school system
emphasizing quality school facilities that serve as a focal point for family
and
community activities.
4.2.2 Objectives
Support the effort of the school district to ensure adequate school sites are
provided and the intended capacity of the schools is not exceeded.
4.2.3 Implementation Strategies:
Request the school district prepare a future facilities map based on the City's
Land Use Plan and include it in the Comprehensive Plan. (See Map 4.1)
a. Work co-operatively to develop student generation factors to be
considered when analyzing the impact of new projects on the school
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district.
b. Prohibit the development of schools on sites that present a hazard,
nuisance or other limitation on normal functions of the school.
c. Elementary and middle schools shall be located in residential
neighborhood to facilitate walking and reduce busing costs for the district.
Elementary and Middle schools may be located on collector roadways as
defined by the Regional Functional Classification Map, High School
maybe located on arterials.
d. Work with the school district, ACHD and developers to establish access
options for Eagle Schools via pathways and/or streets.
e. Encourage the joint siting of schools and parks whenever possible.
CHAPTER 5 TRANSPORTATION
5.1 Goals
Maintain the function and connectivity of the street system for current
users,
emergency response efforts, and for use by future generations.
Using sound land use and transportation relationships, develop alternate
routes or
corridors for ACHD planners to evaluate that best emphasize the needs of
developing areas while lessening the potential for congestion.
5.2 Objectives
Encourage completion of the existing street system and creation of new
links,
within reasonable constraints, as the transportation system develops.
Promote land use policies that limit access as necessary to maintain safe
and
efficient operation of the existing street system while allowing reasonable
access
to individual development parcels.
Maintain safe and comfortable neighborhoods by minimizing speeding and
cutthrough traffic.
5.3 Implementation Strategies
d. When review land use amendments, zone changes, master plans,
conditional uses and other significant entitlement requests, take into
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consideration the impact of the project on street levels of service. The
City's preferred standards shall be those identified for new streets in
ACHD's Development Policy manual, or its successor. Service level
impacts shall be minimized through project modifications, traffic
management plans, street improvement plans or other means.
g. "Cut-through" traffic or "traffic routed through" a neighborhood on
local
streets from arterial streets shall be discouraged through the development
review process, through the provision of an adequate arterial and collector
system and through the use of appropriate traffic calming and traffic
control strategies.
i. New developments shall be required to stub access to adjacent
underdeveloped parcels, where appropriate.
j. All new developments shall be reviewed for appropriate opportunities to
connect to local roads and collectors in adjacent developments.
m. A collector street system shall be pursued within each square mile of
development adequate to serve the density of development. Suggestions
shall be forwarded to ACHD for planning and adoption in the TIP.
o. Discourage direct lot access to parcels abutting collector streets.
p. Limit access to all arterial streets.
w. Encourage traffic-calming in a way that minimizes adverse effects on
adjacent streets.
CHAPTER 6 LAND USE
6.4A General Strategies
b. Maintain a Future Land Use Map that encourages higher densities
around activity centers and transit routes but also provides for large
residential areas that continue to promote the rural character of the
City of Eagle(See Map 6.1)
e. Special design treatments shall be required to provide compatibility of
new development with existing development such as building
orientation, increased setbacks, height limitations, size restrictions
design requirements, fencing, landscaping or other methods as
determined through the development review process.
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6.4 E Floating Feather Planning Area
The Floating Feather Planning Area is designated as residential with
limited ancillary uses to be incorporated as allowed by the planned unit
development standards. This area should provide trails, open space, and
parks in conjunction with varied housing options. The overall density of
the area is 1-2 units per acre.
6.4E.l Uses
The land use and development policies specific to the Floating Feather
Planning Area include the following: Integration of mixed residential lot
sizes at a overall density of 1-2 units per acre;
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 use to the south;
School siting in the area shall focus on areas with higher densities to
decrease busing concerns, preference will be given to siting elementary
schools in this area. Densities around school sites shall not exceed 3 to 4
units per acre.
6.4E.3 Design
This area should be recognized as the signature residential area for the
Western Planning Area. The integration of varying lot sizes and uses
should be seamless with continuity of street design, open space, trails and
housing through out that area.
Lot configuration and housing sizes should be mixed throughout the area
to provide a variety of housing options within a single neighborhood or
development.
6.4E.4 Issues
The main concerns in the development of the area are the integration of
varying 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 patio home areas, for example. Further, the provision of open space
and trails through the area should be key to the development approval of
the area.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
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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 8-2A-7 J(4) (a)
Any road designated as an urban or rural collector on the Ada County long range
highway and street map:
A minimum of thirty five feet (35') wide buffer area (not including right of way)
shall be provided with the following plants per one hundred (100) linear feet of
right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24)
shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the
shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope
for any berm shall be three feet (3 ') horizontal distance to one foot (1 ') vertical
distance. If a decorative block wall, cultured stone, decorative rock, or similarly
designed concrete wall is to be provided in combination with the berm, a four foot
(4') wide flat area shall be provided for the placement of the decorative wall.
chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not
be permitted.
. 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.
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C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE 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 9-4-1-2 Streets and Alleys:
All streets and alleys shall be constructed in accordance with the standards and
specifications adopted by the Ada County highway district.
. ECC Section 9-4-1-6 (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. Barriers may be placed at the terminal ends of paths to restrict use by motor
vehicles while allowing use by bicycles, wheelchairs and other modes of travel.
3. A five foot (5') wide landscaped area/building 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
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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.
4. The official design standards for pathways set forth in the following manuals
are to be used as guides: the "Bicycle Pedestrian Design Manual" for Ada
County, the "Design Guide for Accessible Outdoor Recreation", and the "Guide
for the Development of Bicycle Facilities", or other nationally recognized
design standards.
5. A root barrier shall be placed on both sides of the pathway to prohibit tree roots
from damaging the pathway surface. The root barrier shall consist of black
injection molded panels with a minimum of 0.085 inch wall thickness in
modules a minimum of twenty four inches (24") long by twenty four inches
(24") deep. Each panel shall have no less than four (4) vertical deflecting ribs
of a minimum 0.085 inch thickness protruding one-half inch (112") at ninety
degrees (900) from the interior of the panel, spaced six inches (6") apart. A
minimum of nine (9) anti lift tabs, three (3) each between the vertical ribs, shall
be integrated into each panel, measuring a minimum of 0.085 inch thickness
and protruding three-eighths inch (3/8") from the panel wall. An integrated
joining system shall be employed for instant assembly by sliding one panel into
the other. An alternative type barrier system of equal root penetrative resistance
may be considered on a case by case basis, subject to the approval of the zoning
administrator.
6. In order to design for crime prevention the following design standards will be
followed:
a. The use of "see through" fencing is preferred. as it provides better
visibility from adjacent homes or buildings. If solid fencing is used it
may not exceed four feet (4') in height.
b. Adequate lighting may be provided as determined by Eagle city council
and may be owned and maintained by the city of Eagle once the path is
turned over to the city for maintenance.
c. The use of comers and curves in the design of the paths is discouraged.
7. Consideration shall be given to off street parking where paths connect to
popular destination points such as the Boise River greenbelt, and nearby streets
may become congested with vehicles parked by pathway users. Where pathway
links connect to major public open space that required vehicular parking, the
council may request the developer to designate land to be purchased and
maintained by the appropriate public authority for public parking. Buffering of
surrounding residential uses shall be considered in the area for purchase.
. ECC Section 9-4-1-6 (F) Sidewalk Design:
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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 lor 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 9-5-5 Large Scale Subdivisions and Developments:
Due to the impact that a large scale development would have on public utilities
and services, the developer shall submit the following information along with the
preliminary plat:
A. Identification of all public services that would 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;
B. Estimate of the public service costs to provide adequate service to
the development;
C. Estimate of the tax revenue that will be generated from the
development; and
D. Suggested public means of financing the services for the
development if the cost for the public services would not be offset
by tax revenue received from the development.
D. DISCUSSION:
. The Soaring 2025 planning process involved over 400 participants over a series of 21
meetings from January 2004 through September 2004. The City's outreach involved
utility bill enclosures, direct mailings, flyers through the elementary schools, legal notice
in the Idaho Statesman and Valley Times, as well as numerous local interest stories in
both local newspapers. The meeting schedule for the Comprehensive Plan was as
follows:
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Soaring 2025 Meetings
3 public Visioning Meetings (March/April)
3 Public Workshops (AprillMay)
7 City Council MeetingslWork Sessions (January-June)
2 Agency Open Houses (June/July)
2 Public Open Houses (July)
5 Public Hearings (August/September)
. The Soaring 2025 Plan looked at several key areas aside from new land being added to
the area of impact (AOI). It looked at potential infill projects throughout the city, the
transition area between the existing AOI and the expansion. The square mile bounded by
Floating Feather Road on the south, Beacon Light Road on the north, Meridian Road on
the west and Linder Road on the east received a density increase from 1 unit per 2 acres
to 2 units per acre. This area was recognized during the visioning process as having
impacts from Eagle High School and an area that would be able to have a new east/west
transportation connection, aside from the section linelarterial system constructed.
. The Soaring 2025 Plan envisioned pockets of density placed adjacent to activity centers
(schools, transit corridors, etc.) and proposed transportation connections to better support
the construction and development of these facilities without placing an unnecessary
impact to a single property owner. The Soaring 2025 Plan also placed a large emphasis
on compatibility and transitioning between existing development and the new pockets of
density.
. The Eagle Comprehensive Plan designates the property as "Residential Two" with a
density not to exceed 2 units/acre. The overall density of the proposed Park Place
Gardens development is 1.17 units per acre.
. The proposed development provides lots ranging from 17,000 square feet to 72,850
square feet in size. The applicant is requesting an R-2-DA zoning designation, minimum
lot size of 17,000 square feet, as specified in the 2000 Eagle Comprehensive Plan Zoning
Compatibility Matrix.
. The proposed Park Place Gardens project provides perimeter transition lots ranging in
size from .86 acres to 1.67 acres, approximately 47% to 93% of the existing R-E lots.
Park Place Gardens does provide a 20-foot separation in the form of a common area
pathway around the perimeter of the site. Staff has concerns that the transition adjacent
to the existing R-E developments are not adequate and need to be increased to at least to
1.8 acres (78,408 square feet) along the perimeter of the property adjacent to existing lots
to provide adequate separation and preservation of the exiting residential uses. Lots 3-7 of
Block 3, Lots 39 & 40 and Lots 27 & 28 Block 7, should be increased to meet the
minimum of 1.8 acres in size. The smaller 17,000 Square foot lots are appropriate within
the interior of the development.
. The proposed design of this subdivision complies with the technical requirements (or will
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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 19.3% of the site as common area open space
including trails and gathering areas and landscape buffers.
. 70% of all lots within the development have direct access to the proposed open space.
59% of the 17,000 square feet lots (the minimum lot size in the R2 district) 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, clubhouse). This
combination provides for the interaction on a neighborhood level and provides spaces
within the development for organized sports teams to practice thereby helping relieve
overcrowding issues in city parks. .
. With regard to 9-3-2-1 (C) Stub Streets, the applicant is proposing to connect to the
existing stub street in Henry's North Forty Subdivisions Corsey Way. Previously staff
recommended providing a stub south from Champagne Way to facilitate a better access
and design of the property to the south and support better interconnectivity; at this point
the proposed design, or as conditioned, places 1.8 acres in this area thus a stub is not as
important due to the limited development potential to the parcel to the south. The
proposed redesign removes a vehicular connection to Cavallo Estates to the south and
utilizes this stub as a pedestrian connection. ACHD in their staff report dated December
6, 2005 required a vehicular connection to Caretto Way, the eventual linkage of the two
developments shall be at the discretion of ACHD but if required a modified street section
and sidewalk connection should be considered.
. The applicant is proposing to remove all existing structures from the site. A demolition
permit should be required prior to the removal of the structures and prior to the submittal
of the final plat.
. The trail system that is detailed throughout the common area open space provides both
local and regional connectivity. The connection of Park Place Gardens to .Cavallo
Subdivision to the south and to Henry's North Forty to the north provides new linkages to
Floating Feather Road, Eagle High School and to the North Star Charter School. These
new connections provide alternatives for pedestrians and bicyclist that currently must use
arterial roads to move through the area.
. The proposed landscape plan does not detail the width of the proposed multi-use
pathways within the open space. Per ECC section 9-4-1-6 (D) all pathways not located
along the street should be a minimum of 6-feet wide.
. The proposed landscape plan details a 3-foot high berm and 5-foot fence combination to
meet the standards of ECC Section 8-2A-7. The berm/wall combination must be a
minimum of 8 ft in height measured from the center line of the adjacent road and the
applicant needs to detail the type of fencing proposed keeping in mind that cedar, vinyl,
and chain link are not allowed. Examples of allowed wall types are shown in the Eagle
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Architecture and Site Design book.
. At the time of this report, ACHD's hearing was schedule for August 17, 2005. This
application will be conditioned to comply with the ACHD Commission's decision.
.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
STAFF RECOMMENDA nON FOR THE REZONE:
Staff recommends approval with the following conditions to be placed within a development
agreement:
2.1 The maximum density for the property shall not exceed 1. 17-dwelling units per acre (112
single family lots maximum), including the existing residential dwelling.
2.2 A demolition permit shall be received before removing any existing structures on site.
2.3 The minimum lot sizes for the development shall be as follows, See Exhibit A:
Lot Tvpe Minimum Size
Transitional Lots 1.8 Acres ( 78,408 sq ft)
Standard Lots 17,000 sq ft
2.4 The setbacks for the development shall be as follows:
Modified Setbacks
Side Street
Lot Type Front vard* Side Rear
Transitional 50-ft
Lots 20-ft 35-ft 30-ft
Standard Lots 30-ft lO-ft 20- ft 30-ft
* An additional 5 ft-per story for multi-story structure.
2.5 Prior to the City Clerk signing the final plat for the first phase of any subdivision for this site,
the property owners shall abandon the existing access point on Park Lane (which serves as
access for the existing house).
2.6 Eagle hereby acknowledges that the attached Site Plan (Exhibit "B") and architectural
stylesllandscape plan (Exhibit "C") represents an example of the applicants' current concept
for the site and understands and agrees that changes in that concept will likely occur. The
property owners also understand and agree that any changes regarding development of the
site must be in conformance with the "Conditions of Development" stated herein.
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2.7 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.
STAFF RECOMMENDATION FOR THE PRELIMINARY PLAT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval contained in the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 19,2005. Testimony was taken, the public hearing was closed, and the
Commission made their recommendation at that time.
B. Oral testimony in opposition to the application was presented by seven(7) people:
Barb & Brian Kroll
Erick Lee
Bob Vaughan
Chris Palmer
Pat Mekowitz
Kim Dumas
C. Oral testimony in favor of the application was presented by four (4) people:
Chris V olk
Lynn Proctor
Cheryl Westine
Chuck Roscoe (with conditions)
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of the subdivision with the
following staff recommended site specific and standard conditions of approval with text
shown with strike-thru to be deleted by the Commission and text shown with underline to
be added by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL FOR THE REZONE:
2.1 The maximum density for the property shall not exceed 1.17 -dwelling units per acre (112
single family lots maximum), including the existing residential dwelling.
2.2 A demolition permit shall be received before removing any existing structures on site.
2.3 The minimum lot sizes for the development shall be as follows, See Exhibit A:
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Lot T e
Minimum Size
-h&--1.44 Acres (~62,726
s ft)
17 ,000 s ft
Transitional Lots
Standard Lots
2.4 The setbacks for the development shall be as follows:
Modified Setbacks
Side Street
Lot Type Front yard* Side Rear
Transitional 50-ft
Lots 20-ft 35-ft 30-ft
Standard Lots 30-ft lO-ft 20-ft 30-ft
* An additional 5 ft-per story for multi-story structure.
2.5 Prior to the City Clerk signing the final plat for the first phase of any subdivision for this site,
the property owners shall abandon the existing access point on Park Lane (which serves as
access for the existing house).
2.6 Eagle hereby acknowledges that the attached Site Plan (Exhibit "B") and architectural
stylesllandscape plan (Exhibit "C") represents an example of the applicants' current concept
for the site and understands and agrees that changes in that concept will likely occur. The
property owners also understand and agree that any changes regarding development of the
site must be in conformance with the "Conditions of Development" stated herein.
2.7 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.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application
RZ-12-05.
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 the all conditions of ACHD.
5. Provide a revised preliminary plat showing all transitional lots (Block 3 lots 1-3,
Block 7, Lots 9-11. 22-26, 41. 45-47, and Block 11, Lots 1-3, Block) to be a
minimum of.f..,& 1.44 acres (78,40862.726 sq. ft.) in size.
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6. The applicant shall place a note on the final plat that all common areas are to be
owned and maintained by the Park Place Gardens 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 Park Place Gardens
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.
7. The entire Park Place Gardens development shall remain under the control of one
Homeowner's Association.
8. As described in Exhibit "C" and the applicant's justification letter the homes should
be designed in compliance with the Craftsman, Prairie, and Tuscan themed
architectural style.. 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 attomey
prior to the approval of the final plat for phase one.
9. 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.
10. To assure compliance with the Development Agreement and the 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 required in
site specific condition of approval #11 above) of the subdivision.
11. Provide a revised preliminary plat showing note #5 changed to reflect rear lot line
drainage and utility easement of 12-feet wide
12. Provide a revised preliminary plat showing note #4 changed to a side lot line drainage
and utility easement of 6-feet wide.
13. Provide a revised preliminary plat removing note #7.
14. Provide a revised preliminary plat showing the minimum setbacks as approved in RZ-
12-05 on the face of the plat.
15. Provide a revised preliminary plat plan showing the water supplier as United Water.
16. Provide a revised preliminary plat 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 plans showing street lighting details for review and approval by the Zoning
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Administrator with the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
18. Provide a revised preliminary plat showing street names as approved by the Ada
County Street Naming Committee.
19. All utility poles providing service to the eXlstIng 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. All existing structures 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, 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.
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 and within the center of an eight-feet (8') of the edge of the roadway or
as otherwise approved by the Design Review Board. 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 planter strips. 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 revised preliminary plat showing a cross section of the road, sidewalk, and
streetscape within the buffer areas along Meridian Road and Park Lane for review and
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approval by the Eagle Design Review Board, prior to submittal of the final plat.
25. 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.
26. 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".
27. 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.
28. The applicant shall install at the entrances to Park Place Gardens 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.
29. The following setbacks and lot coverage requirements shall apply to the development:
Modified Setbacks
Side Street
Lot Type Front yard* Side Rear
Transitional 50-ft
Lots 20-ft 35- ft 30-ft
Standard Lots 30- ft 10-ft 20-ft 30-ft
* An additional 5 ft-per story for multi-story structure.
30. The minimum lot size for the development shall be as follows:
Lot T e
Minimum Size
-h&--1.44 Acres (~62,726
s ft)
17,000 s ft
Transitional Lots
Standard Lots
31. All fencing adjacent to a pathway shall not exceed 4-feet in height.
32. All fencing within the development, with the exception of the berms, shall be open
fencing constructed of wrought iron or similar material approved by the Eagle Design
Review Board.
33. Provide a revised preliminary plat and landscape plan showing compliance with Site
Specific Condition number 31 above.
34. The proposed bridge crossing the New Drv Creek Ditch shall be limited to pedestrian
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and emergency access only.
35. The applicant shall post signs at the access points from Henrv's North 40 and Cavallo
Estates stating "CONSTRUCTION ACCESS PROHIBITED".
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 (LC. Title 50, Chapter 13 and
LC. 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.
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.
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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 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:
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a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing
by the Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two
family dwellings, 1,500 gallons per minute for dwellings having a fire area in
excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses
(i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in
accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle
Fire Department prior to issuance of a building permit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable
to the Eagle City Attorney which provide for the use, control and mutual maintenance of
all common areas, storage facilities, recreational facilities, street lights or open spaces
shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer
signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is
required, providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City
Attorney prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of
the storm drainage facilities, the covenants and restrictions, homeowner's association by-
laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be
reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the
final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval
for all required landscaping, common area and subdivision signage prior to the City
Engineer signing the final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or
any other area designated by the City Council or Eagle City PathwaylGreenbelt
Committee for a path or walkway shall be approved in writing by the Eagle City
PathwaylGreenbelt 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 PathwaylGreenbelt 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
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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 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.
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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 23, 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 December 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 December
2, 2005. Requests for agencies' reviews were transmitted on November 14, 2005 in
accordance with the requirements of the Eagle City Code.
3. With regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and
based upon the information provided to staff to date, staff believes 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-2-DA (Residential Two with
development agreement) is consistent with the Residential Two
designation 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 expected to be provided, to serve commercial uses on this
property under the proposed zone;
c. The proposed R-2-DA (Residential Two with development agreement) is
compatible with the R-E (Residential Estates) zone to the north, south and
east since those areas have existing 1.8-acre residential developments
similar to the transitional lots as required in the Development Agreement;
d. The proposed R-2-DA (Residential Two with development agreement) is
compatible with RUT (Rural Urban Transition) zone to the west since that
area has the same comprehensive Plan designation as this site; Residential
Two (up to two units per acre).
e. While the land proposed for rezone is not located within a "Hazard Area"
or "Special Area" as described within the Comprehensive Plan.
f. No non-conforming uses are expected to be created with this rezone.
With regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the Commission and Council",
and based upon the information provided to staff to date, staff believes that the proposed
preliminary plat is in accordance with the City of Eagle Code because:
a. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or
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Eagle City Code Title 9, as shown within the findings provided within this
document and the proposed residential use is in accordance with the
residential land use designation of this area shown within the Comprehensive
Plan;
b. The subdivision will be served adequately by essential public facilities such as
highways, streets, police and fire protection, schools, drainage structures,
refuse disposal, water and sewer; or that the persons or agencies responsible
for the establishment of the proposed use shall be able to provide adequately
any such services, as noted in the documentation provided from said agencies
and as required as a part of the conditions of approval;
c. That there are no known capital improvement programs for which this
development would prevent continuity;
d. That based upon agency verification and additional written comments of the
Eagle Fire District, Eagle Sewer District, and the Ada County Highway
District, or as conditioned herein, there is adequate public financial capability
to support the proposed development;
e. That any health, safety and environmental problems that were brought to the
Commission and 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.
DATED this 3rd day of January, 2006.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
-----------
. t~t3 I\. MiWlA J;t.
J. Bandy, Chairman
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ATTEST:
Sharon K. Bergmann, Eagle Cit Clerk
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