Findings - CC - 2006 - A-17-05/RZ-24-05/CU-14-05/PPUD-07-05/PP-16-05 - Annex/Rezone From Rut To R2p/89 Lot/37.79 Acre
BEFORE THE EAGLE CITY COUNCIL
OR\G'NAl
IN THE MATTER OF AN APPLICATION
FOR AN ANNEXATION, REZONE,
CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN AND PRELIMINARY
PLAT FOR BELLA TERRA PLANNED UNIT
DEVELOPMENT FOR TED MARTINEZ
)
)
)
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)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-17 -051RZ-24-05/CU -14-05/PPUD-07 -05/PP-16-05
The above-entitled Annexation, Rezone, Conditional Use Permit, Preliminary Development Plan and
Preliminary Plat applications came before the Eagle City Council for their action on March 28, 2006, at
which time public testimony was taken and the public hearing was closed. The Eagle City Council, having
heard and taken oral and written testimony, and having duly considered the matter, makes the following
Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Ted Martinez, represented by Jason Densmer with The Land Group Inc., is requesting
annexation and rezone from RUT (Rural Urban Transitional- Ada County designation) to
R-2-P (Residential two units per acre maximum-PUD), conditional use, preliminary
development plan, and preliminary plat approvals for Bella Terra Planned Unit
Development, an 89-lot (73-buildable, 16-common) planned residential development. The
37.79-acre site is located on the east side of North Linder Road approximately one quarter
mile north of West Floating Feather Road.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on December 15,2005.
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 February 6, 2006. 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 February 3, 2006. The site was posted in accordance with the Eagle City Code on
February 17, 2006. Requests for agencies' reviews were transmitted on December 21,
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 March 6, 2006. 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 March 6, 2006.
The site was posted in accordance with the Eagle City Code on March 15,2006
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D. HISTORY OF PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up RUT (Rural Urban Agricultural
to two units/ acre) Transitional-Ada County
designation)
Proposed Residential Two (up R-2-P (Residential Single Family, Residential
to two units/ acre) maximum two units/acre Planned Unit Development
- PUD)
North of site Residential Two (up RUT (Rural Urban Residential and agricultural
to two units/ acre) Transitional-Ada County
designation)
South of site Residential Two (up RUT (Rural Urban Agricultural
to two units/ acre) Transitional-Ada County
designation)
East of site Residential Two (up RUT (Rural Urban Residential (Loch Lomond
to two units/ acre) Transitional-Ada County Subdivision) & agricultural
designation)
West of site Residential Two (up RR (Rural Residential- Agricultural
to two units/ acre) Ada County designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site - 37.79 +/- acres
Total Number of Lots - 89
Residential - 73
Commercial - 0
Industrial - 0
Common - 16
Total Number of Units - 73
Single-family - 73
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.93 Less than two units/acre
Minimum Lot Size 8,580 square feet 17,000 square feet
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 73-feet 75-feet
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Lots 11.09 inclusive of the required 10.6-acres (minimum)
planter strips adjacent to the 3.4-acres for 10%
roads minimum plus 7.2-acres
for lots smaller than the
minimum - per ECC
Section 8-2-4 (G)
Except that, according to ECC
Section 9-3-8 (C) the City may
require additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 50 or more
lots.
Percent of Site as Common Area 28.9% including the required 27.6% (minimum-see
planter strips adjacent to the above)
roads Except that, according to ECC
Section 9-3-8 (C) the City may
require additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 50 or more
lots.
I. GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
The proposed PUD will provide a total of 11.09 (28.9%) acres of common area inclusive
of the required planter strips adjacent to the roads. Within the total area of common area
there is 9.19 acres (24%) of usable open space which provides a combination of linear
pathways and gathering places (swimming pool, club house, a pond feature and multi-use
trails with a connection to the city pathway network). 10% minimum open space is
required except that, according to ECC Section 9-3-8 (C) the City may require additional
public and/or private park or open space facilities in PUDs or in subdivisions with 50 or
more lots.
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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 unobstructed utility easements to be not less than
12 feet wide. Irrigation water will be provided from existing groundwater and surface
water rights on the property.
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) - no
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
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:
Public Streets:
The applicant is proposing to construct three roadway cross sections: one roadway access
point from Linder Road will be provided for this development to be constructed using an
80-foot (80') wide road section inclusive ofa sixteen-foot (16') wide planter dividing the
two lanes. Each lane will be twenty-two feet (22') wide.
The local roadways within the development will be a thirty-six foot (36') wide roadway
section (as measured from back of curb to back of curb) with the exception ofN. Cortina
Way, which is shown as a thirty-two foot (32') wide roadway section (as measured from
back of curb to back of curb).
All roadways with the exception of the cul-de-sacs will have rolled 3" curb and eight-foot
(8') wide grass swales/landscape strips and five foot (5') wide detached sidewalks on
both sides of the roadway.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
Five (5) Cul-de-sacs are proposed:
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Three unnamed: 110'-170' feet (approximately) in length with a radius of fifty foot (50')
of right of way
W. Tuscan Sun: 145-feet in length with a radius of fifty foot (50') of right of way
N. Cortina Way: 360-feet in length with a radius of fifty foot (50') of right of way
The applicant is proposing the cul-de-sacs to have rolled 3" curbs, attached sidewalks,
with a twenty-six foot (26') travel lane.
There is one knuckle with a landscape island proposed in the northeast comer of the PUD.
The knuckle is located adjacent to a stub street to the parcel to the north.
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting both sides of all
interior roadways, including the main entrance from Linder Road. An attached 5-foot
sidewalk is proposed to be located in all cul-de-sacs within the development. Detached
sidewalks are required per Eagle City Code, Section 9-4-1-6(F)(3) at the cul-de-sac
locations.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior streets.
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 should be approved by the Ada County Street Name Committee prior to final
plat approval. Any modifications of street names shall be completed before final plat
approval.
K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian walkways are provided through a multi-purpose pathway system and the
detached sidewalk system. The pathway system will also connect existing and future
residential developments on the adjacent parcels. The Chevron Pipeline bisects the
northeast comer of this development and the applicant is proposing open space and a
pathway to be located adjacent to the pathway easement, which will connect into the city
pathway network as shown in the 2000 Comprehensive Plan Transportation/Pathway
Network Map #1 of 2.
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.
L. PUBLIC USES PROPOSED:
See "Open Space" noted above.
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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 - no
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:
City Engineer: All comments within the engineer's letter dated January 25, 2006 and March 6,
2006 are of special concern.
Ada County Highway District
Central District Health
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Fish & Game
Idaho Power
Meridian School District: Letter includes a warning that Eagle Elementary is already operating
beyond capacity
Ringert Clark (Drainage District No.2)
Q. LETTERS FROM THE PUBLIC:
Dave Aspitarte, Planning and Zoning Commissioner stated in correspondence, date
stamped by the City on March 22, 2006, that although he agrees with the amount of open
space proposed he is concerned with the distribution of lot sizes below the minimum lot
size for the R-2 Zone.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to develop the project in two phases with anticipated
construction of Phase I to begin in the spring or early summer of 2006. The phase line will
follow the central boulevard from Linder Road to the east. The club house and community
pool will be constructed with Phase I.
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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.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In 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.
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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 J 0% of the gross land area to be directed to uses other than residential
(i.e.; commercial, industrial, public and quasi public uses that are not allowed in the land use
district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
In cases where an increase in residential density of up to J 5% of the allowable number of
dwelling units is requested:
22. LANDSCAPING - For up to 5%
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of existing
landscape, pedestrian way treatment, and recreational areas, incorporated into this development,
exceed that of a non PUD development.
23. SITING - For up to 5%
That the quality of the designs for visual focal points, use of existing features such as topography,
view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation pattern, physical
environment, variation in building setbacks, and building grouping (such as clustering),
incorporated into this development, exceed that of a non PUD development.
24. DESIGN FEATURES - For up to 5%
That the quality of the designs for street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features, and varied use of housing types, incorporated into
the development, exceed that of a non PUD development.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Residential Two, suitable primarily
for single-family residential development within areas that are rural in character. Residential
density of up to two dwelling unit per acre may be considered by the City for this area.
Chapter I - Overview
1.1 City of Eagle Statement of Purpose
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b. To ensure that adequate public facilities and servIces are provided to the
people at reasonable cost.
1.3 The City of Eagle Vision Statement
b. interconnected with user-friendly pathways and roadways;
Chapter 4 - Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special districts
provide the basic services of water, sewer, school, police, fire and library to
residents. With Eagle's growing population comes the need for increased public
services and the necessity to improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded
plays an important role in the location and intensity of future housing, commercial
and industrial development. Since the City of Eagle depends on outside providers,
it must be involved in any plans that will effect the community. Service providers
currently include:
. The Eagle Sewer District provides sewer service within a designated sewer
servIce area.
. The Meridian and Boise School Districts provide K-12 education.
. United Water, Eagle Water Company, and the City provide water to Eagle
residents. Some private water systems and wells are also used.
. Private canal companies and drainage districts provide irrigation water and
drainage water management.
4.27 Other Services and Utilities
Pressure Irrigation
The City of Eagle currently requires the installation of pressurized irrigation
systems for the irrigation of landscaping when new development is within an
irrigation district and water rights are available.
Chapter 6- Land Use
6.3 Land Use Designations
Residential Two
Suitable primarily for single family residential development within areas that are
rural in character.
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6.5 Goal
To preserve the rural transitional identity.
6.6 Objectives
a. To encourage the preservation of open spaces.
6.7 Implementation Strategies
b. 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.
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.
J. The City shall provide a PUD ordinance to facilitate and regulate cluster
development.
k. Protect gravity flow irrigation systems including canals, laterals and ditches to
assure continued delivery of irrigation water to all land serviced by such
systems, to protect irrigation systems as a long range economical method for
water delivery and to coordinate surface water drainage to be compatible with
irrigation systems.
I. 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 8 - Transportation
8.1 Background (reads in part)
Transportation planning and land use planning should be compatible with Eagle's
transportation system and should take into account projected land use as depicted
on the Eagle Land Use Map.
8.2.2 Minor Arterial
Mobility Function:
The primary function of a minor arterial is to carry through traffic
by connecting with and augmenting the principal arterial system.
A minor arterial may serve motorized and non-motorized
transportation needs, be designed with the minimum street
section needed to accommodate projected traffic volume, and in
conformance with the Long Range Transportation Plan of AP A.
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Access Function:
Access to other roadways is less restrictive than principal
arterials. Direct lot access is typically severely restricted.
Right-of-Way:
As shall be determined by the Highway District having
jurisdiction with recommendations by the City seriously
considered by the Highway District.
8.3 City of Eagle Functional Pathway Classifications
An effective pathway system should include a combination of Paths and
Lanes. The City of Eagle Transportation/Pathway Network Maps #1 and
#2 illustrates the various classifications and locations which are included
in the pathway system and described as follows:
8.3.2 Bike Lanes
Function:
Primarily used as a lane for bicycles and other non-motorized
uses.
Location:
Bike Lanes usually exist on the same pavement surface as
motorized lanes. Arterials and collectors should be provided with
bike lanes on each side of the roadway.
8.5 Objective
Encourage alternative transportation forms such as walking and biking.
8.6 Implementation Strategies
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 (reads in part)
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Pathways are nonmotorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
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
a. To establish open space to protect the finite resource base of Eagle's
natural environment - air, ground water, surface water, soil, forested
areas, plant and wildlife habitats, agricultural lands, and aquifer
recharge, watersheds, and wetlands.
b. To provide an open space setting for active and passive recreation for
all age groups throughout the community.
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.
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12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character ofthe City.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. ECC Section 8-1-2 OPEN SPACE:
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
. ECC Section 8-2-4 Schedule of Building Height and Lot Area:
Zoning District R-2 Maximum lot coverage 40%
Maximum Height 35' Minimum Lot Area 17,000
Minimum Lot Width 75'
Setbacks:
Front 30'
Rear 30'
Interior Side 10'
Street Side 20'
. 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(H):
All lots with street side frontage, excluding lots within zoning districts A, A-R, R-E and
R-l, shall have a minimum lot area that is 10 percent larger than shown in this table.
. ECC Section 8-2-4(1):
Lot width shall be determined as follows: the distance between side lot lines measured at a
point midway between the front and rear lot lines. Minimum lot frontage, the portion of a
lot front adjacent to a public or private street, for all residential zoning districts shall be 35
feet.
. ECC Section 8-2A-7 (4) (b):
Any road designated as a minor arterial on the Ada County long range highway and street
map:
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A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: five
(5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1 ') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided,
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. 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 Common Open Space:
A. Required Common Open Space: A minimum often percent (10%) of the gross land
area developed in any residential PUD project shall be reserved for common open
space and recreational facilities for the residents or users of the area being developed.
B. Dedication Of Land For Public Use: A required amount of common open space land
reserved under a POO 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.
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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.
. ECC Section 8-6-6-2: Preliminary Development Plan:
A. Application For Preliminary PUD: An application for preliminary PUD shall be filed
with the administrator by a property owner or person having existing interest in the
property for which the PUD is proposed. At a minimum, the application shall contain
the following information filed in triplicate:
7. A preliminary development plan, at a scale approved by the zoning
administrator, showing:
a. Topography at two foot (2') intervals;
c. Layout, dimensions and names of existing and proposed streets;
e. Utility easements;
g. Layout and dimensions oflots and building setback lines;
. ECC Section 8-7-3-3(C) Public Sites and Open Spaces:
Special Developments: In the case of planned unit developments and large scale
developments, the council may require sufficient park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
development.
. ECC Section 8-7-3-5(D): CONDITIONAL USE PERMIT:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may
be attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this Title.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. ECC Section 9-1-6 Rules and Definitions
LARGE SCALE DEVELOPMENT: A subdivision, the size of which consists of fifty (50)
or more lots or dwelling units.
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OPEN SPACE: A common area platted as a separate lot, or an area dedicated to and
accepted by the city, substantially open to the sky, exclusive of streets, buildings and other
covered structures.
RIGHT OF WAY: A strip ofland dedicated or reserved for use as a public way which
normally includes streets, sidewalks and other public utilities or service areas.
. ECC Section 9-3-1 Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions,
improvements and facilities done, constructed or made in accordance with said provisions
shall comply with the minimum design standards set forth in this chapter; provided,
however, that any higher standards adopted by any highway district, the Idaho
transportation department or health agency shall prevail over those set forth herein.
. 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.
. 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').
B. Unobstructed drainageway easements shall be provided as required by the city council.
. ECC Section 9-3-8 Public Sites and Open Spaces:
C. Special Development: In the case of planned unit developments and large scale
developments, the city council may require sufficient public and/or private park or
open space facilities of acceptable size, location and site characteristics that may be
suitable for the proposed development.
. ECC Section 9-4-1 Improvements Required:
Every subdivider shall be required to install the following public and other improvements
in accordance with the following conditions and specifications.
. ECC Section 9-4-1-6: Pedestrian/Bicycle Pathway 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
as it relates to both crime prevention and function, and the responsibilities of
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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;
c. Adopted pathway elements within the comprehensive plan and the
ridge to rivers pathway plan;
d. Neighborhoods;
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 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.
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.
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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.
E. Responsibility: The following provisions are intended to provide guidance to those
entities that are responsible for construction, maintenance and/or liability for a
pathway. Installation costs, which may include construction of the paved path, are the
responsibility of the developer.
1. Homeowners' Association:
a. Pathway systems within a proposed subdivision providing access to
private common space and/or other amenities that are used solely by
the residents of a subdivision shall be the responsibility of the
homeowners' association.
F. Sidewalk Design:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of
the street; except, that where the average width of lots, as measured at the
street frontage line or at the building setback line, is over one hundred feet
(100'), sidewalks on only one side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance
with the standards and specifications of the Ada County highway district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or
back of curb by a minimum five foot (5') wide landscape strip. The landscape
strip shall be completed with sod, automatic irrigation, and planted with three
inch (3 ") minimum caliper shade class trees along all streets within the
subdivision. Installation of landscaping shall be in accordance with section 8-
2A-7 of this code.
. ECC Section 9-5-4-3 Site and Structure Requirements:
E. Maintenance Building: A maintenance building shall be provided of such size
and in such location as is suitable for the service needs that are necessary for
the repair and maintenance of all common areas.
F. Open Space: The location of open space shall be appropriate to the
development and shall be of such shape and area to be usable and convenient
to the residents of the development.
D. DISCUSSION:
. The Eagle Comprehensive Plan designates the property as "Residential Two" with a density
not to exceed 2 units/acre. The "Residential Two" designation was envisioned to primarily
allow for single family residential development within areas that are rural in character. The
proposed Bella Terra Subdivision has a density of 1.90 units per acre.
. The proposed development provides lots ranging from 8,580 square feet to 23,686 square feet
in size. The applicant is requesting an R-2 zoning designation, which has a 17,000 square foot
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minimum lot size. To allow for a flexibility and variation in lot sizes the zoning ordinance
allows for the use of Planned Unit Developments (PUD) in the planning process. The
applicant is proposing an offsetting increase in open space to allow for the reduction in lot
sizes, which is allowed provided there is an offsetting increase of the same square-footage in
open space and a planned unit development is applied for and approved.
Although the applicant meets the open space (inclusive of the planter strips) requirement for
the offsetting increase in open space for lots less than the minimum lot size it should be noted
that 85% of the lots in this development do not meet the 17,000 square foot minimum lot size
in the R-2 zone. As part of the approval process for a planned unit development, preliminary
development plan and conditional use permit the Commission and the Council have to make
findings 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. The
residents within the immediate area of this development have voiced concerns regarding the
small size of the lots within some of the proposed developments adjacent to this project. Their
concern is that due to the small size of the lots the proposed developments are not harmonious
or appropriate in appearance with the existing or intended character of the vicinity. The
applicant should provide a revised preliminary development plan/preliminary plat showing a
minimum of fifty percent of the lots within the development to be no less than the 17,000
square feet in size to be consistent with requirement of an R-2 zone.
. One item that is of concern is West Bella Terra Drive as proposed divides the largest area of
active open space in half. This open space area will contain a proposed pond and club
house/pool. West Bella Terra Drive serves as the shortest route to get from the entrance to the
development to N. Cortina Way therefore possibly causing a safety issue for those residents
enjoying the open space. If Bella Terra Drive were to be eliminated and traffic were to be
routed to W. Montage Street, W. Tuscan Way to W. San Sevino Drive it would provide some
traffic calming through the development and provide additional active open space while
improving the safety within this area for recreation and relaxation. The applicant should
provide a revised preliminary development plan/preliminary plat showing Bella Terra Drive
removed and providing an entrance for the club house/pool and parking area adjacent to the
entrance from Linder Road.
. Eagle City Code 8-6-6-3 requires all final development plans be reviewed by the Planning and
Zoning Commission as well as the City Council. This is partly to allow for additional City
Review for flexibility needed for long-range and large PUD's.
. The proposed design of this subdivision complies with the technical requirements (or will
pursuant to the conditions outlined herein) of Eagle City Code and includes aesthetic features
such as landscaped common lots and a pond, which serve the dual purpose of irrigation water
storage as well as open space for the use of the residents.
. The proposed development includes 28.9% of the site as common area open space inclusive of
the planter strips adjacent to the interior roadways. Within the total area of common area there
is 9.19 acres (24%) of usable open space which provides a combination of linear pathways and
gathering places (swimming pool, club house, a pond feature and multi-use trails with a
connection to the city pathway network). 71 % of all lots within the development have direct
access to the proposed open space.
. The proposed development provides a combination of linear open space (trails and view
corridors) and gathering areas (swimming pool, club house and pond). This combination
provides for the interaction on a neighborhood level and connectivity to adjacent parcels.
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. The applicant proposes one access point from Linder Road for the development. Linder Road
is designated as a minor collector on the Ada County Functional Street Classification Map.
The applicant has proposed a 50-foot wide buffer area as a common lot located abutting
Linder Road. Eagle City Code Section S-2A-7 (J)( 4 )(b) requires the installation of a buffer
that is a minimum of 50-foot wide abutting the road right-of-way.
. The applicant is also proposing a forty-two (42') right-of-way to be utilized on N. Cortina Way
north ofW. Bella Terra Drive. The applicant should provide a revised preliminary
development plan/preliminary plat showing N. Cortina Way to be constructed using a fifty
(50') foot right of way section.
. The proposed preliminary landscape plan detail shows all the cul-de-sacs to have landscaped
islands. The only proposed knuckle within the development is to be located on Montibello
Way does not have a knuckle shown. This knuckle should have an island, which should be
landscaped and identified on the preliminary development plan/preliminary plat.
. The proposed preliminary landscape plan detail shows the landscape strips adjacent to the
streets to be five feet (5') wide. ACHD requires landscape strips to be eight feet (8') wide. The
plan also shows pathways within the open space to be five feet (5') wide. Pathways that are
not adjacent to streets are required to be six feet (6') in width per Eagle City Code. The
applicant should provide a revised landscape plan at the time of design review showing a plan,
which meets the minimum requirements, required per Eagle City Code.
. As shown within the preliminary plat, conceptual construction plans and roadway cross
section details, a 5-foot attached sidewalk is proposed within all cul-de-sacs in this
development. The applicant should provide a revised preliminary development
plan/preliminary plat showing a street cross section of a cul-de-sac with a five foot (5') wide
detached sidewalk with rolled curb prior to submittal ofthe final development plan/final plat.
. The roadway cross section details shows sidewalks to be located within the required twelve
foot (12') wide utility and drainage easements adjacent to the street. Eagle City Code 9-3-6
requires that all utility easements should be unobstructed. The applicant should provide a
revised preliminary plat and roadway cross section showing a minimum of ten (10') feet in
width of unobstructed easement adjacent to the street.
. The applicant has not provided a preliminary development plan showing street names, all lot
dimensions, utility easements and a line delineating the proposed phases of the development.
The applicant should provide a revised preliminary development plan/preliminary plat
showing street names, lot dimensions and phasing lines prior to the submittal of the final
development plan/final plat.
. The R-2 Zone requires that the minimum lot width shall be seventy-five feet (75') wide. Lots
5-8, Block 9 do not appear to meet the minimum lot width requirement for the R-2 Zone. If a
builder were to construct a two-story home on these lots the requested setbacks will only allow
for a home less than fifty (50') feet wide. The applicant should provide a revised preliminary
development plan/preliminary plat showing these lots to be at least seventy-five (75') wide.
. ECC Section 8-6-1 (A) states in part that a reduction in building setbacks may be permitted
within a PUD.
The applicant is proposing the following setbacks for lots within the development:
Setbacks:
Front 20'
Rear 25'
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Interior Side
Street Side
Maximum Coverage
7.5' (additional 5' two-story)
20'
40%
The above noted setbacks are identical to setbacks required by ECC for 8,000 square foot lots
in an R-4 zone. It is staffs opinion that reduced setbacks should only be permitted if lots less
than 17,000 square feet in size are allowed by the Council otherwise the setbacks for this
development should be:
Setbacks:
Front
Rear
Interior Side
Street Side
Maximum Coverage
30'
30'
10'
20'
40%
. ECC Section 9-5-4-3 (C) requires that storage areas be provided for the anticipated needs of
boats, campers, and trailers. Staff is not aware of any provision for the storage of such
accessories within this development. The applicant should provide a revised preliminary plat
showing an area specifically designated for the storage of boats, campers, and trailers or
provide justification as to the proposed alternate method of storage for such items (ie. -
CC&R's prohibiting storage of such items within the development). If an on-site storage area
is required, then the applicant should be required to obtain design review approval and should
construct the storage area prior to City Clerk signing the final plat for phase one.
. ECC Section 9-5-4-3 (E) requires that a maintenance building be provided of such size and in
such location as is suitable for the service needs that are necessary for the repair and
maintenance of all common areas. Staff is not aware of any provision for any such
maintenance building within this development. The applicant should provide documentation
showing the proposed location and design of a maintenance building or provide justification
on how the maintenance of the common areas will be handled without the need of a
maintenance building. If an on-site maintenance building is required, then the applicant
should be required to obtain design review approval of the design and location and should
construct the maintenance building prior to the City Clerk signing the final plat for phase one.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Annexation, Rezone,
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 February
27, 2006, 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
eleven (11) individuals (other than the applicant/representative) who felt that the layout of the
development provided a good design of a mixture of varying lot sizes and open space, provides for a
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sustainable community, and would be an asset to the City of Eagle. *
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by two (2) individuals who have concerns over the transition of lot sizes, density, spot zoning and
traffic. *
* Note: 34 individuals signed the public hearing sign-up sheet (32 in favor, 2 were opposed); only 13
chose to provide oral testimony.
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of Bella Terra Planned Unit
Development, A_17_05/RZ_24_05/CU_14_05/PPUD-07-05/PPI6-05, for Ted Martinez with the site
specific and standard conditions of approval shown within their findings of fact and conclusions of
law document dated March 6, 2006.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on March 28, 2006.
Testimony was taken, the public hearing was closed, and the Council made their decision at that
time.
B. Oral testimony in favor of this proposal was presented to the City Council by fourteen (14)
individuals (other than the applicant/representative) who felt that the layout of the development
provided a good design of a mixture of varying lot sizes and open space, reputable builder, meets
the vision of the city, and would be an asset to the City of Eagle.
C. Oral testimony in opposition to this proposal was presented to the City Council by three (3)
individuals who have concerns over the transition of]ot sizes, density, and traffic.
COUNCIL DECISION:
The Council voted 3 to I (Nordstrom against) to approve an annexation, rezone, conditional use
permit, planned unit development, and preliminary plat for Bella Terra Planned Unit
Development, A_17_05/RZ_24_05/CU_14_05/PPUD_07_05/PPI6_05, for Ted Martinez with the
following Planning and Zoning Commission recommended site specific and standard conditions
with underline text to be added by the Council and strikethrough text to be deleted by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all site specific conditions provided within the City Engineering firm's (Holladay
Engineering) letter dated January 25,2006.
2. 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.
3. The applicant shall adhere to any conditions placed on this development by Chevron Texaco Pipe
Line Company regarding any improvements to be located within the pipeline easement.
4. Comply with the requirements of Drainage District #2.
5. Comply with all site specific conditions provided within the Eagle Fire District letter dated,
January 13, 2006.
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6. Provide a revised preliminary development plan/preliminary plat showing street names, lot
dimensions and phasing lines prior to the submitting a final development plan/final plat.
7. Provide a revised preliminary development plan/preliminary plat showing traffic calming devices
to be located on Bella Terra Drive. The revised preliminary development plan/preliminary plat
shall be submitted prior to submittal of a final development plan/final plat.
8. Provide a revised preliminary development plan/preliminary plat showing a street cross section of
a cul-de-sac with an eight foot (8') wide planter strip and five foot (5') wide detached sidewalk
with rolled curb prior to submittal of the final development plan/final plat.
9. Provide a revised preliminary development plan/preliminary plat and roadway cross section
showing a total of twelve feet (12') in width of easement and a minimum often feet (10') in width
of unobstructed easement adjacent to the street prior to submitting a final development plan/final
plat.
10. Provide a revised preliminary plat/preliminary development plan showing the inclusion of
landscape island in the street knuckle located within Montabello Way within the development
prior to submitting a final development plan/final plat.
11. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets within this
development. Trees shall be placed at the front of each lot on the side lot lines, or as approved by
the Design Review Board. The trees shall be located in the 8-foot wide landscape strip between
the 8-foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat, the
applicant shall either install the required trees, sod, and irrigation or provide the City with a letter
of credit for 150% of the cost of the installation of all landscape and irrigation improvements
within the 8-foot wide landscape strip. Trees shall be installed prior to obtaining any occupancy
permits for the homes. A temporary occupancy may be issued if weather does not permit
landscaping.
12. The applicant's property shall be annexed into the Eagle Sewer District's service boundaries.
13. Provide a revised preliminary plat/preliminary development plan showing note #7 changed to side
lot line drainage and utility easement to read total easement width shall not be less than twelve feet
(12') prior to final development plan/final plat application.
14. 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, club house, pool and/or similar amenities. The design review application shall
be reviewed and approved by the Design Review Board and City Council prior to the submittal of
a final development plan/final plat.
15. The applicant shall construct all 6-foot wide pathways to be located within a minimum of twenty-
five foot (25') wide open space area within the development to provide greater pedestrian
connectivity between sections of the development and adjacent development. All construction
details of the pathways within the development (i.e. width, specific location, and surface material)
should be reviewed and approved by the Park & Pathway Committee and the Design Review
Board prior to application for a final development plan/final plat.
16. Provide a revised preliminary development plan/preliminary plat showing those lots less than 75-
feet in width to be equal to or greater than 75-feet wide prior to application for final development
plan/final plat.
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17. The applicant shall submit a design review application and landscape plan showing fencing (if
proposed), trees, landscaping, and berming, and planting details within the required fifty foot (50')
wide buffer area along Linder Road abutting this site for review and approval by the Design
Review Board prior to the submittal of a final development plan/final plat.
18. The entire Bella Terra development shall remain under the control of one Homeowner's
Association.
19. The applicant shall place a note on the final plat that all common areas are to be owned and
maintained by the Bella Terra 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 Bella Terra 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.
20. All lots smaller than 17,000 square feet in size shall have the following setbacks and lot coverage
requirements:
Setbacks:
Front
Rear
Interior Side
Street Side
Maximum Coverage
20'
25'
7.5' (additional 5' two-story)
20'
40%
21. All lots 17,000 square feet and greater shall meet the setbacks and lot coverage of the R-2 Zone as
follows:
Setbacks:
Front
Rear
Interior Side
Street Side
Maximum Coverage
30'
30'
10' (additional 5' two story)
20'
40%
22. The applicant has determined that a "Tuscan" style of architecture will be utilized within this
development. The applicant shall create an architectural control committee (ACC) as a component
of the subdivision CC&Rs to review the architecture 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 ofthe final plat for phase one.
23. 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.
24. 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.
25. To assare eBmpliaR6e with t-he PUD 6BnaitiBfls ef aflpre\'al herein, the City reserves the right to
deny, at its aiseretien, aRJ' BliildiRg permit ElflplieatiBfI that dees Rot meet the arl:Jhiteetmal
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requiremeffis (as reEjl:lirea if! site s]'leeifie e0f!ditieR of ElJ'l]'lreval ;!fIe aae'/e) ofthe PUD.
26. The side setback (that side adjacent to the pathway) for lots adjacent to interior pathways shall be
fifteen feet (15') minimum from the edge of the pathway.
27. Place a note on the final plat stating that direct lot access to Linder Road is prohibited.
28. The applicant shall submit cut sheets showing street lighting details for review and approval by the
City with the submittal of a final plat. The plans shall show how the streetlights will facilitate the
"Dark Sky" concept of lighting.
29. Provide a revised preliminary plat showing an area specifically designated for the storage of boats,
campers, and trailers. In lieu of providing a storage area, the developer shall provide a copy of the
subdivision CC&R's showing the prohibition of the storage of recreational vehicles, utility trailers,
etc. within the development.
30. A maintenance building shall be provided of such size and in such location as is suitable for the
service needs that are necessary for the repair and maintenance of all common areas. In lieu of
providing a maintenance building on-site, the developer shall provide justification on how the
maintenance of the common areas will be handled without the need of a maintenance building. If
a maintenance building is approved with this application then the building shall be reviewed an
approved by the Design Review Board and constructed prior to the City Clerk signing the final
plat for the first phase.
31. 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.
32. 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.
33. 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.
34. 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".
35. Place a note on the final plat which states that all individual lot drainage shall be maintained on the
lot.
36. Provide a revised preliminary development plan/preliminarv plat showing Lots 6 and 7, Block 3 to
be a minimum of 17,000 square feet. The revised preliminarv development plan/preliminarv plat
shall be submitted prior to submittal of a final development plan/final plat.
37. Provide a revised preliminarv development plan/preliminary plat showing buildable lots within the
development to be no less than 9,000 square feet in size. The revised preliminarv development
plan/preliminarv plat shall be submitted prior to submittal of a final development plan/final plat.
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
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platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and I.c. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
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
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.
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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
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.
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18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat
by the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
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
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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 December 15, 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 February 6, 2006. 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 February 3, 2006. The site was posted in accordance
with the Eagle City Code on February 17, 2006. Requests for agencies' reviews were transmitted on
December 21,2005 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 March 6, 2006.
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 March 6, 2006. The site was posted in accordance with the Eagle City Code on March
15,2006.
3. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone
(A-17-05/RZ-24-05) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed annexation and rezone
is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The requested zoning designation ofR-2-P (Residential - up to two units per acre with a PUD)
is in accordance with the Residential Two classification as shown on the Comprehensive Plan
Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are required to be provided,
to serve a single-family dwelling residential subdivision on this property under the proposed
zone;
c. The proposed R-2-P (Residential - up to two units per acre with a PUD) zoning district is
compatible with the RR (Rural Residential - Ada County designation) zone to the west since
that area is expected to be developed with the same density and types of uses as shown on the
Comprehensive Plan Land Use Map;
d. The proposed R-2-P (Residential - up to two units per acre with a PUD) zoning district is
compatible with the R-E (Residential Estates) zone and R-2 zone to the east since this
development proposes to provide residential uses, lot sizes and amenities that would be
compatible with the existing residential uses;
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e. The proposed R-2-P (Residential - up to two units per acre with a PUD) zoning district is
compatible with the RUT (Rural Urban Transitional - Ada County designation) zone to the
south since that area is expected to be developed with the same density and types of uses as
shown on the Comprehensive Plan Land Use Map;
f. The proposed R-2-P (Residential - up to two units per acre with a PUD) zoning district is
compatible with the RUT (Rural Urban Transitional - Ada County designation) zone to the
north since that area that area is expected to be developed with the same density and types of
uses as shown on the Comprehensive Plan Land Use Map;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
4. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-14-05/PPUD-07-05/PP16-05) and based
upon the information provided concludes that the proposed development is in accordance with the City
of Eagle Comprehensive Plan and established goals and objectives because:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community because;
The intent of the Bella Terra PUD is to provide a development with a transition of lot sizes,
usable open space with pathways interconnected with the City pathway network and adjacent
development.
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 Bella Terra PUD as approved is designed with lots which will transition to the adjacent
developments and not exceed the two units per acre maximum which is shown on the Western
Area Plan Map. The surrounding properties are in the process of currently being developed at
a similar density not to exceed two units per acre maximum.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses because;
The development will have access to Linder Road a minor arterial which will eliminate traffic
through adjacent development. The site will also be serviced by central water and sewer
therefore not contaminating or depleting the existing wells in the area.
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;
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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.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non-PUD proposal because;
The development plan was designed with consideration given to usable open space,
community club house, pool, pond, and pedestrian pathways.
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 Linder Road. The design and construction of the
roadways and entrances is guided by the Ada County Highway District.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
No natural, scenic, or historical features are known to exist on the site.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan because;
The proposed development fits well with the Comprehensive Plan since the Plan calls for
Residential Two (densities of up to two 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
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submit an application for design review and comply with all Eagle City Codes and conditions
of approval of the design review.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations because;
The development provides for a residential use in proximity to a minor arterial and provides
pathway connections to adjacent developments and the City pathway network.
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 April, 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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