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Findings - PZ - 2006 - CU-02-06/PPUD-01-06/PP-08-06 - Eudora Estates(Aka Alderwood No 2)/21 Lot/4.7 Acre/947 W State St. BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A CONDITIONAL USE PERMIT, ) PRELIMINARY DEVELOPMENT PLAN, AND ) PRELIMINARY PLAT FOR EUDORA EST A TES ) (A.K.A. ALDERWOOD NO.2) PLANNED UNIT ) DEVELOPMENT FOR RTB INVESTMENTS, LLC ) ORIGINAl FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-02-06/PPUD-OI-06/PP-08-06 The above-entitled Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat applications came before the Eagle Planning and Zoning Commission for their consideration on June 19, 2006. The Commission continued the item to July 5, 2006, at which time public testimony was taken, the public hearing was closed and the Commission made their recommendation at this 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: RTB Investments, LLC represented by Wendy Kirkpatrick with Landmark Engineering and Planning, is requesting conditional use, preliminary development plan, and preliminary plat approvals for Eudora Estates (a.k.a. Alderwood No.2) Planned Unit Development, a 21-lot (l6-buildable, 5-common) residential planned unit development. The 4.7-acre site is located at 947 W. State Street approximately 430-feet west of South Grandean Way. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at the Eagle Public Library at 6:00 PM, December 13, 2005, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on April 13, 2006. 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 May 30, 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 May 26, 2006. Requests for agencies' reviews were transmitted on April 19, 2006, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on June 23, 2006 D. HISTORY OF PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: All applications are inclusive herein. Page I of33 K:IPlanning DeptlEagle ApplicationslSUBSl2006\Alderwood No.2 pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Four (4 R-4 (Residential-up to 4 Residence/pasture units per acre units per acre) maximum) Proposed No Change No Change Single-family residential subdivision North of site Residential Four (4 R-4 (Residential-up to 4 Single-family residential units per acre units per acre) maximum) South of site Public/Semi-Public R-4 (Residential-up to 4 State Highway 44 units per acre) East of site Residential Four (4 R-4 (Residential-up to 4 Alderwood Village/PUD units per acre units per acre) maximum) West of site Residential Four (4 R-4 (Residential-up to 4 Residence/pasture units per acre units per acre) maximum) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. SITE DATA: Total Acreage of Site - 4.7 acres Total Number of Lots - 21 Residential - 16 Commercial - 0 Industrial - 0 Common - 5 Total Number of Units - Single-family - 16 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of33 K:IPlanning DeptlEagle ApphcationslSUBSl2006\Alderwood No.2 pzfdoc Additional Site Data Proposed Required for Non-PUD Residential Development Dwelling Units Per Gross Acre 3.4 units per acre 4 units per acre maximum Minimum Lot Size 4,034 square feet 8,000 square feet minImum Minimum Lot Width 34-Feet 7S-Feet Minimum Street Frontage 29-Feet 3S-feet Total Acreage of Common Lots l.76-acres (76,667 S.F.) 1.7 I-acres minimum (118,722 S.F.) .4 7 -acres for 10% minimum plus 1.24-acres for lots smaller than the minimum (8,000 SF)- per ECC Section 8-2-4 (G) Percent of Site as Common Area 37.44% 36.38% (minimum - see above) 1. GENERAL SITE DESIGN FEATURES: Open Space, Greenbelt Areas and Landscape Screening: The proposed PUD will provide a total of 1.76 acres (37.44%) of common area inclusive of the required planter strips adjacent to the roads. Within the total area of common area there is 1.64 acres (34.9%) of usable open space which provides a combination of linear pathways and gathering places. 10% minimum open space is required except that a decrease in minimum lot size may be allowed ifthere is an offsetting increase of the same square footage and a planned unit development is applied for and approved. Storm Drainage and Flood Control: Street drainage plans have not been submitted by the applicant as required by the Subdivision Ordinance. Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide. The applicant is proposing a twelve (12') foot wide easement adjacent to the public street and subdivision boundary and a five (S') foot wide easement for drainage is proposed adjacent to all single-family lot lines which do not front a public street. Page 3 of 33 K:IPlanning DeptlEagle ApplicationslSUBSl2006\Alderwood No.2 pzLdoc 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: Eagle City Code Section 9-3-8 (B) states that 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. There are existing trees in proximity to the existing residence and adjacent to State Highway 44. The Ballantyne Canal flows from east to west across the site south of the proposed road within the large common area. There are also wetlands at the southern end of the property. 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. 1. STREET DESIGN: Public Streets: The applicant is proposing to construct one roadway with a stub street connection to W. Krasen Street for access from Alderwood Subdivision. The roadway will be constructed within a fifty foot (50') wide cross section inclusive of an eight and one half foot (8.5') wide planter on each side of the roadway. The proposed roadway will stub to the property to the east for future access. There is no turnaround proposed at the stub end of the road to the east; however there is an alley shown which could be utilized for an emergency turnaround. Alleys are shown within a twenty foot (20') wide cross access easement located at the rear of the lots to provide access to parking for the residents behind the homes similar to what was approved in Alderwood Village. The local roadways within the development will be a thirty-three foot (33 ') wide roadway section (as measured from back of curb to back of curb). All roadways will have vertical 6" curb and eight-foot (8.5') wide grass landscape strips and five foot (5') wide detached sidewalks on both sides of the roadway. The applicant is proposing to construct an emergency access to W. State Street to the north from the development. The access is proposed to be constructed within a forty-two foot (42') wide section with a twenty-four foot (24') wide travelway (as measured from back of curb to edge of pavement) and an eight and one halffoot (8.5') wide planter strip. The remainder of the required street section will be dedicated upon development of the adjacent property. Applicant's Justification for Private Streets (Alleys): See above Cul-de-sac Design: No cul-de-sacs proposed Page 4 of33 K:IPlanning DeptlEagle AppJicationslSUBSI20061Alderwood No.2 pzLdoc Sidewalks: A detached five-foot (S') wide concrete sidewalk separated from the curb by an eight and one half foot (8.5 ') wide landscape strip is proposed abutting both sides of all interior roadways. The applicant is constructing a detached five-foot (S') wide concrete sidewalk separated from the curb by an eight and one half foot (8.S ') wide landscape strip adjacent to the emergency access. Curbs and Gutters: The applicant is proposing six inch (6") high vertical curbs adjacent to all interior roads. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lights shall be completed before the final plat approval. Street Names: Street name approval by the Ada County Street Name Committee has not been received to date. Approval from that committee is required prior to final plat approval K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: Pedestrian walkways are provided through a multi-purpose pathway system and the detached sidewalk system. Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. The detailed street section does not show a bike lane on the interior roads. L. PUBLIC USES PROPOSED: None proposed M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - yes - Wetlands at the southern end of the site adjacent to State Highway 44 Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes - in proximity to the existing residence and adjacent to State Highway 44 Riparian Vegetation - no Steep Slopes - no Stream/Creek: Ballantyne Irrigation Canal Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - unknown Page 5 of 33 K:IPlanning DeptlEagle ApplicationslSUBSl20061Alderwood No.2 pzf.doc 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. Comments which appear to be of special concern are noted below: City Engineer: All comments within the engineer's letter dated May 15, 2006, are of special concern (see attached). Ada County Highway District Central District Health Department Chevron Pipeline Eagle Fire Department Eagle Sewer District Idaho Department of Environmental Quality - Concerns with Eagle Water Company source deficiencies. Idaho Power Company Idaho Transportation Department Meridian School District: Letter includes a warning that District is operating over capacity Q. LETTERS FROM THE PUBLIC: Fred E. Thorson provided correspondence, date stamped by the City on June 29, 2006, with concerns regarding curb and gutter, style of fences, and also is requesting a curb cut on the proposed Stephenson Street. R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant states in the narrative that the entire development is to be constructed in one phase with anticipated construction to begin in the summer of 2006. 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. Page 6 of 33 K:IPlanning DeptlEagle ApplicationslSUBSI20061Alderwood No.2 pzfdoc 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. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. For a request of up to 10% of the gross land area to be directed to uses other than residential (i.e.; commercial, industrial. public and quasi public uses that are not allowed in the land use district) : 17. That the uses are appropriate with the residential uses. 18. That the uses will serve principally the residents of the PUD. 19. That the uses are planned to be an integral part of the PUD. 20. That the uses located and designed to provide direct access to a collector or arterial street. 21. That the proposed street connections will not create congestion or traffic hazards. Page 7 of33 K:IPlanning DeptlEagle ApplicationslSUBSl2006\Alderwood No.2 pzfdoc In cases where an increase 1II residential density of up to 15% of the allowable number of dwelling units is requested: 22. LANDSCAPING - For up to 5% That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of existing landscape, pedestrian way treatment, and recreational areas, incorporated into this development, exceed that of a non PUD development. 23. SITING - For up to 5% That the quality of the designs for visual focal points, use of existing features such as topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation pattern, physical environment, variation in building setbacks, and building grouping (such as clustering), incorporated into this development, exceed that of a non PUD development. 24. DESIGN FEATURES - For up to 5% That the quality of the designs for street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features, and varied use of housing types, incorporated into the development, exceed that of a non PUD development. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as Residential Four, suitable primarily for single family residential development within an urbanized setting. Residential density of up to four dwelling units per acre may be considered by the City for this area. Chapter I - Overview 1.1 City of Eagle Statement of Purpose b. To ensure that adequate public facilities and services are provided to the people at reasonable cost. d. To ensure that the important envIronmental features of the City and its Impact Area are protected and enhanced. g. To ensure that the development ofland is commensurate with the physical characteristics of the land. h. To protect life and property in areas subject to natural hazards and disasters. J. To encourage local school districts to participate in the community planning and development process so as to address public school needs and impacts on an ongoing basis. 1.3 The City of Eagle Vision Statement b. interconnected with user-friendly pathways and roadways; e. an environmentally aware community with distinctive open space, parks and outdoor recreation; Page 8 of 33 K:IPlanning DeptlEagle ApplicationslSUBSl20061Alderwood No.2 pzf.doc Chapter 4 - Schools, Public Services and Utilities 4. I 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. 4.4 Objectives b. To support school district efforts to provide school sites and facilities that accommodate student enrollment. Chapter 6 - Land Use 6.1 Background and Existing Conditions Managing growth and channeling it into orderly community development is the key element ofland use planning. Unplanned growth results in undesirable land use patterns. Areas within the City and within the Impact Area are given land use designations which are depicted on the Comprehensive Plan Land Use Map, hereinafter referred to as the "Land Use Map". The Land Use Map is an integral part of the Comprehensive Plan. It serves as a planning policy document and planning tool that will assist the City in sustaining responsible Page 9 of 33 K:IPlanning DeptlEagle ApplicationslSUBSl2006\Alderwood No.2 pzf.doc growth and development to ensure that evolving land use patterns remain consistent with goals, objectives and strategies of the Plan. 6.7 Implementation Strategies a. Preserve the natural features and resources of Eagle. 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. 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 8.3.2 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 1. Encourage street lighting to increase roadway and neighborhood safety while preserving a rural environment free of any unnecessary lighting. 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. Chapter II - Special Areas And Sites 11.1 Background and Vision "Special Areas and Sites" are defined as areas, sites or structures of historical, archaeological, architectural, ecological, or scenic significance. Special areas or sites should be analyzed according to their defined function. Whenever possible, these sites should be preserved and conserved as open spaces or for educational and cultural centers. Development of Special Areas or Sites should take place in manner that reflects harmony with their natural environment and recognized qualities which render them distinctly umque. Page 10 of33 K:IPlanning DeptlEagle ApplicationslSUBS\2006\Alderwood No.2 pzrdoc These special areas will require comprehensive and specific planning to ensure that such topographical, hydrological, ecological, architectural and scenic concerns have been thoroughly addressed and incorporated into any engineering and development plans. The special review process should include, but not be limited to the following: . Wetlands issues . Existing trees and natural features 11.2 Recognized Special Areas and Sites Drainages and Canals Special natural and manmade features of Eagle are the drainages and canals. The main purpose of the canals and drainage ditches is that of distributing and moving water. 11.3 Goal To promote the conservation and efficient management of all Special Areas and Sites. 11.4 Implementation and Strategies a. Protect and improve natural and man-made waterways. b. Continue to develop and improve City design guidelines to encourage preservation of Eagle's historic buildings and guide new development to reinforce the town's special quality and "turn of the century" character. g. Preserve existing trees and establish appropriate landscaping as a part of new developments. 1. The City may require developers to prepare and submit an environmental assessment and any such additional reports as the City may from time to time require, for any development on land within an area designated as a Special Area or Site or for any development impacting a designated Special Area or Site. Chapter 13 - Implementation 13.3 Special Implementation Techniques For Development within the City Limits A Planned Unit Development Ordinance (PUD) is one of many devices used to implement a comprehensive plan. A developer of a PUD may be allowed variations in development requirements, if it is in the City's interest to encourage such a development. PUD regulations are intended to encourage innovations in land development techniques so that the growing demands of the community may be met with greater flexibility and variety in type, design, and layout of sites and buildings and by the conservation and more efficient use of open spaces and of other natural environmental features which enhance the quality of life. Page II of33 K:IPlanning DeptlEagle ApplicationslSUBSI20061Alderwood No.2 pzfdoc 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 8-1-2 Rules and Definitions: Planned Unit Development An area of land in which a variety of residential, commercial and industrial uses developed under single ownership or control are accommodated in a preplanned environment with more flexible standards, such as lot size and setbacks, than those restrictions that would normally apply under these regulations. . ECC Section 8-2-4 Schedule of Building Height and Lot Area: Zoning Maximum UU Interior Street Maximum Lot Minimum Lot Area Minimum District Height Side Side Covered (Acres Or Sq. Ft.) G Lot And H* Width 1* IR-4 1135' 1~~17.5' 1~1140% Ila,ooo 1170' I . ECC Section 8-2-4 (B) Additional 5 feet per story setback for multi-story structures. Height not to exceed 3 stories except by conditional use permit. . 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 8-2A-7(A&C) Landscape and Buffer Area Requirements: A. Landscape Plan Required: A landscape plan is required for all developments requiring a design review, including, but not limited to, all subdivisions. The landscape plan shall be drawn to scale (no smaller than I inch equals 30 feet) and shall indicate the following: 1. Boundaries, property lines, and dimensions. 2. Existing trees and vegetation identified by species and size. Page 12 of 33 K:\Planning DeptlEagle ApplicationslSUBSl20061Alderwood No.2 pzrdoc 3. The location and design of areas to be landscaped. 4. The location and labels for all proposed plants. 5. Plant lists or schedules with the botanical and common name, quantity, and spacing and size of all proposed landscape material at the time of planting. 6. Location and description of other landscape improvements, such as earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights, and courts or paved areas. 7. Planting and installation details as necessary to ensure conformance with all required standards. C. Existing Vegetation: 1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: IExisting Tree IIReplacement II inch to 6 inches caliperl12x caliper of tree removed 16 1/4 inches to 12 inches 111.5x caliper of tree removed I 112 1/4 inches or more IIIX caliper of tree removed I In all cases, planting within public rights of way shall be with approval from the public and/or private entities owning the property. Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be three (3) 4-inch caliper trees or four (4) 3-inch caliper trees. 2. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection CI of this section. 3. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet (6'), or to the drip line, whichever is furthest from the trunk. 4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. . ECC Section 8-2A-7(J)(C) Buffer Areas/Common Lots: Any road designated as a principal arterial on the Ada County long range highway and street map and/or any freeway or expressway: Page 13 of33 K:IPlanning DeptlEagle ApplicationslSUBSl2006\Alderwood No.2 pzrdoc A minimum of seventy five feet (75') wide buffer area (not including right of way) shaH be provided with the following plants per one hundred (100) linear feet of right of way: six (6) shade trees, ten (10) evergreen trees, four (4) 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 ten foot (10') high, maximum twelve foot (12') 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 (I ') 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 shaH be the policy to guide a major development of land and construction by encouraging planned unit development (PUD) to achieve the foHowing: A. A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements; B. A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses, industrial uses and services; C. A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns; D. A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets; and E. A development pattern in harmony with land use density, transportation and community facilities objectives of the Comprehensive Plan. . ECC Section 8-7-3-3(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-S(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: I. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; Page 14 of 33 K:IPlanning DeptlEagle ApplicationslSUBSl2006\Alderwood No.2 pzfdoc 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 9-1-3 Purpose: The purpose of these regulations is to promote the public health, safety and general welfare, and to provide for: D. Adequate transportation, water drainage and sanitary facilities; . ECC Section 9-1-6 Rules and Definitions ALLEY: A minor street providing secondary access at the back or side of a property otherwise abutting a street. RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which normally includes streets, sidewalks and other public utilities or service areas. BLOCK: A group of lots, tracts or parcels within well defined boundaries, usually streets. EASEMENT: A grant by a property owner to specific persons or to the public to use land for specific purposes. Also, a right acquired by prescription. PARTIAL RIGHT OF WAY: A dedicated right of way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land. PLANNED UNIT DEVELOPMENT: A subdivision designed as a combination of residential, commercial and industrial uses or any combination thereof planned for a tract of land to be developed as a unit under single ownership or control, which is developed for the purpose of selling individual lots or estates, fronting on dedicated streets, which may include two (2) or more principal buildings. . 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. Page 15 of33 K:IPlanning DeptlEagle ApplicationslSUBS\2006\Alderwood No.2 pzfdoc . ECC Section 9-3-2 Streets and Alleys: Section 9-3-2-1 Location: Street and road location shall conform to the following standards: G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than five hundred feet (500') in length and shall terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way. H. Half Streets: Half streets shall be prohibited except where unusual circumstances make such necessary to the reasonable development of a tract in conformance with this title and where satisfactory assurance for dedication of the remaining part of the street is provided. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated within such tract. . ECC Section 9-3-4 Blocks: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') long in all cases. . 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. C. All natural drainage courses shall be left undisturbed or be improved in a manner which will improve the hydraulics and ease of maintenance of the channel. . ECC Section 9-3-7 Planting Strips and Reserve Strips: A. Planting Strips/Buffer Areas: Planting stripslbuffer areas shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties and to provide noise mitigation for those residents. Such planting stripslbuffer areas shall be a minimum of twenty feet (20') wide unless a greater width is required within section 8-2A-7 of this code. The landscape striplbuffer area shall not be a part of the normal street right of way and shall comply with all landscapelbuffer area requirements within section 8-2A-7 of this code. . ECC Section 9-3-8 Public Sites and Open Spaces: 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. 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 Page 16 of33 K:IPlanning DeptlEagle ApplieationslSUBS\2006lAlderwood No.2 pzedoe space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. (Ord. 88, 11-15-1983) D. Open Spaces: The minimum percentage of the gross area that must be set aside for open spaces in new subdivisions shall be as follows: IZoning DistrictllR-2 IIR-3 IIR-4 IIR-S IIR-6-R-2SI IOpenSpace I~~~~IIO% I . 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 9-4-1-5 Streetlights: All subdividers within the city limits and within the area of city impact shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the "administrator" (as defined by section 9-1-6 of this title, or his/her representative, hereinafter referred to as "administrator"). After installation and acceptance by the administrator, the city shall have the right to pay the cost of maintenance and power and assume ownership of the streetlights. . 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 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: d. Neighborhoods; g. Transportation or other community facilities, and vacant parcels, held either publicly or privately which could provide future neighborhood connection(s) to the above noted sites; and h. In similar cases where deemed appropriate. C.Existing Neighborhoods: The placement of a path will be based upon consideration of current residents of a neighborhood as well as future residents. Based upon the following, the city may choose to provide a pathway in existing neighborhoods when: Page 17 of33 K:IPlanning DeptlEagle ApplicationslSUBSl20061Alderwood No.2 pzf.doc 5. Connects to adjacent subdivision pathways. . ECC Section 9-4-1-7 Bicycle Pathways: A bicycle pathway shall be provided within all subdivisions as part of the public right of way or separate easement, as may be specified by the city council. . ECC Section 9-4-1-8 Underground Utilities: Underground utilities are required. . ECC Section 9-4-1-9 Water Supply and Sewer Extensions: B. Approval Of Plans: All water and sewer plans shall be submitted to the Idaho department of health and welfare or its authorized agent for approval in accordance with the provisions of section 50-1326, Idaho Code. C. Pressurized Irrigation Facilities: 1. For any new subdivision and/or PUD, to be provided with a public water system and containing more than four (4) lots, all residential dwelling units within such subdivision shall be provided with a pressurized irrigation system to be served with irrigation water unless a waiver, as outlined herein, is approved by the city council. . ECC Section 9-4-1-10 Storm Drainage, Flood Controls: C. Curb, Gutter And Pavement Design: Curb, gutter and pavement design shall be such that water on roadways is prevented from flowing off the roadway. D. Natural Drainageway Treatment: Natural drainageways shall be riprapped or otherwise stabilized below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion. E. Runoff From Impervious Cover: Runoff from areas of concentrated impervious cover (for example, roofs, driveways and roads) shall be collected and transported to a natural drainageway with sufficient capacity to accept the discharge without undue erosIOn. . ECC Section 9-4-1-11 Fire Hydrants and Water Mains: Adequate fire protection shall be required in accordance with the appropriate fire district standards. . ECC Section 9-4-1-12 Landscape Buffer Areas: Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be required for the protection of residential properties from streets classified as collectors, arterials, freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats shall show the location of all buffer areas. . ECC Section 9-5-4-3 (C) Storage Areas: Storage areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, one adequate space shall be provided for every two (2) living units. This may be reduced by the City Council if there is a showing that the needs of a particular development are less. Page 18 of33 K:IPlanning DeptlEagle ApplicationslSUBSl20061Alderwood No.2 pzfdoc . ECC Section 9-5-4-3 (E) Maintenance Building: A maintenance building shall be provided of such size and in such location as is suitable for the service needs that are necessary for the repair and maintenance of all common areas. D. DISCUSSION: . The applicant is proposing to construct a development consisting of lots with widths of approximately 38-feet to accommodate a "neo-traditional" neighborhood. This type of development typically consists of single-family dwellings located in close proximity to each other. The fronts of the houses are located near the street to not only provide a "quaint" neighborhood feel, but to also accommodate a rear yard garage accessed by a paved easement. With this type of development, deviations from standard minimums within the code are to be considered, including setbacks, lot coverage, and lot size and width. The applicant has requested to provide lots (ranging in size from 4,034 s.f. to 6,418 s.f.) which are reduced in size from the required minimum area of 8,000 square feet for an R-4 zoning district. Eagle City Code 8-2-4 (G) allows a decrease of minimum lot size in a subdivision if there is an offsetting increase of the same square-footage in open space and a planned unit development is applied for and approved. If this PUD is approved by the Council, the decrease in lot size may be permitted since the development has been designed to provide the required amount of offsetting increase of square footage within the open space. With regard to the lot coverage and lot width, the applicant has requested to increase the maximum lot coverage allowed from 40% to 50%, and to allow the lot width to be decreased from the minimum seventy feet (70') to approximately twenty-nine (29'). It may be considered that the aforementioned items are vital to achieve the neighborhood character and type of building design that is proposed with this development. Otherwise, the neighborhood may come to resemble that of a typical subdivision within an R-4 zoning district, which in and of itself is not an undesirable development; rather it loses the opportunity for variety and distinction provided by the neo-traditional design. The applicant has requested the following setbacks for all homes within this development: 10'- front, 2S'-rear, 5 '-side, and 20'-street side. In addition, the applicant has not requested that the 5' -side setback be applied to both one-story and two-story dwellings. The elevations submitted for the style of homes to be constructed in the development shows two story structures that are a minimum of twenty-six feet (26') in width; therefore the proposed setback would have to be used for both one and two story structures due to the width of the lots. The reduced front and street side setbacks may be considered ideal for this type of development in order to provide the sense of community and neighborly connection the developer desires to achieve. However, while the 5 '-side setback may also contribute to the aforementioned attributes, to allow the 5'- side setback to apply to the second-story as well may be less than desirable. As two tall buildings are located closer to one another, a large wall-like appearance may be the unintended result, or the reverse, a street lined with two-story homes and trees may provide a traditional "row house" appeal. The applicant has not addressed the maximum lot coverage requirement. The style of homes proposed within the development would require the maximum lot coverage be increased from 40% to 50% to be similar to Alderwood Village adjacent to the east. Staff would propose the following setbacks be considered for this development: Page 19 of33 K:IPlanning DeptlEagle ApplicationslSUBSl20061Alderwood No.2 pzfdoc Staff Proposed by Applicant Front Rear Interior Side Street Side 15 feet 25 feet 6 feet (or as approved by the Council) 20 feet 10 feet 25 feet 5 feet 20 feet Maximum coverage 50% . As was briefly mentioned previously, the majority of the houses in this development will have rear entry garages accessed by a 20-foot wide paved cross-access easement that travels along the rear of the lots. This easement is proposed neither as a public alley nor a private roadway but rather as a paved access from lot to lot, wherein each property owner grants cross access to the other owners to enter their respective properties via a note on the plat. A public alley or private road is not feasible to the developer since these two options would require either the dedication of right-of-way or the platting of a separate lot, thereby reducing the size of the lots. The development would most likely not be able to be constructed as proposed since the offset in open space required with the decrease in minimum lot size could not be achieved without the elimination of some building lots (possibly 3 to 4 lots), thereby altering the intended character of the neighborhood. Eagle City Code 9-3-2-1 (E) states that public alleys are required in multi-family developments or commercial subdivisions unless other service options are provided; the ordinance is silent on whether a public alley is required in this type of development. While these paved access easements would function most similar to an alleyway, and would be classified most similar to a private roadway (since no dedication to the public is proposed), they may also be similar to driveways shared by multiple residents. The Planning and Zoning Commission and the City Council may find that upon designating on the plat that the 20-foot paved access easements are to be common to all residents of Eudora Estates Subdivision for the purposes of cross access, and with provisions within the CC&R's requiring a plan and schedule for the future repair and maintenance of said easements, the paved easements may be considered a valuable asset to the design of this development. In addition, Alderwood Subdivision east of this site has been developed in the same manner as proposed with this development. Alderwood Subdivision was required (as a condition of approval) to provide cross access to this site (if this site were to be developed in the same manner). If the Council approves the 20-foot wide paved access on the eastern boundary of the development, the applicant should place a note on the final plat to provide cross access to adjacent property owners within Alderwood Subdivision to the east. . As mentioned above, Alderwood Village to the east of this site was required as a condition of approval to provide cross-access to this site if this site were to be developed in the same manner as Alderwood Village. The applicant should work with the property owners of Lots l- IS, Block 2, of Alderwood Village to allow for the construction of eight feet (8 ') of additional width to the alleyway located on Lots 1-15, Block 2, of Alderwood Village. This would prevent an additional twenty foot (20') wide alleyway to be constructed next to the existing twenty foot (20') wide alleyway located within Alderwood Village to the east. It would also provide for shared costs by the owners of both subdivisions using this alley for access at a reduced rate than if they had to maintain separate alleys. The applicant should provide a revised preliminary development plan/preliminary plat showing an additional eight feet (8') of width to the alleyway located on Lots 1-15, Block 2, of Alderwood Village to provide access for Lots 1-15, Block 2. of Eurdora Estates. The applicant should also provide a cross-access Page 20 of 33 K:IPlanning DeptlEagle ApplicationslSUBS\20061Alderwood No.2 pzrdoc agreement between these property owners prior to the City Clerk signing the final plat. If the coordination efforts fail, applicant should be required to provide a certified letter from the Alderwood Village Home Owner's Association stating that they refuse coordination and connection to the cross-access for the adjacent developments as required by the Alderwood Village final plat and CC&R's. . The applicant has noted on the preliminary plat, date stamped by the City on April 13,2006, that the easement width on the boundary lines and adjacent to the right-of-way are ten feet (10') in width and the easement width adjacent to interior property lines is five feet (5') in width. Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide abutting the front and rear property lines of each lot and 6-feet wide on either side of the common side lot lines. The applicant has not specifically delineated easements on the common side lot lines. Staff recommends that the easements should be delineated on the common side lot lines to facilitate the intended result of the development as well as to ensure that each dwelling will be served adequately with utilities. (Note: If the City Council approves the reduced setbacks to five-feet, the easement width on each side of the lot line would need to be reduced to five feet as well). Flexibility will not be diminished since Eagle City Code provides a process for the vacation of utility easements to allow the construction of a building over a lot line. If an application for the vacation of a utility easement were applied for within this development, the City would have an opportunity to review the appropriateness of constructing one dwelling upon two lots, which may be warranted at a future date. . ECC Section 9-5-4-3 (C) requires that storage areas be provided for the anticipated needs of boats, campers, and trailers. The applicant has not specified how the storage of boats, campers, and trailers will be accommodated, whether in a centrally located, screened enclosure, or upon each individual lot. Past City Council action as allowed for storage to be addressed through the CC&R's requiring storage of boats, campers and trailers to be off-site. If the Council determines that individual lot storage is more appropriate than a common storage facility, the applicant should provide a copy of the CC&Rs for review which define the proper storage of the boats, campers and trailers whether it is on individual lots, centrally located, or off-site. If a common 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. . 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. However, the applicant has not provided information as to whether a maintenance building will be constructed on site or whether an outside contractor will be hired by the homeowner's association to maintain and service the common areas. Past City Council has determined that an outside maintenance contractor may be more appropriate than an on-site maintenance building, provided the applicant includes in the CC&Rs provisions which define the guidelines for the contracting of an outside maintenance firm. If a maintenance building is required, then the applicant should be required to obtain design review approval and should construct the maintenance building or provide a copy of the CC&R's for review which define the guidelines for the contracting of an outside maintenance firm, prior to the City Clerk signing the final plat. . This development lies within the Eagle Water Company's service area for water. In correspondence received from the Department of Environmental Quality (Boise Regional Office) date stamped by the City on May 2, 2006, that due to source deficiencies the DEQ cannot approve additional projects at this time. The applicant needs to provide documentation Page 21 of33aK:IPlanning DeptlEagle ApplicationslSUBS\20061Alderwood No.2 pzfdoc from the Eagle Water Company and the Department of Environmental Quality (Boise Regional Office) indicating that potable water service has been approved to serve the site prior to the applicant submitting a final plat application and/or prior to the submittal of an extension of time application, which ever occurs first. . The preliminary plat date stamped by the City on April 13, 2006, shows a half street to be located from the entrance from W. State Street south through the subdivision approximately 660'. This entrance will serve as an emergency access until the property to the west is developed. Per Eagle City Code, Section 9-3-2-1 (H) states that satisfactory assurance for dedication of the remaining street should be provided. The applicant should provide documentation assuring that the proposed half street section connection to W. State Street will be completed when the property adjacent to the west is developed. This documentation shall be provided prior to submitting a final development/final plat application. . The preliminary development plan/preliminary plat, date stamped by the City on April 13, 2006, shows Stephenson Street stubbed to the Nazarene Church property to the west. The church property adjacent to the stub street currently has baseball fields located in proximity to the proposed stub street. Eagle Fire Department indicated in correspondence date stamped by the City on June 6, 2006, that an approved turnaround for Stephenson Street would need to be provided. After speaking with Andrew Cater with Eagle Fire Department and the applicant, it was brought to staff's attention that the applicant proposed a knuckle within the open lot area south of Stephenson Street for a turnaround which Eagle Fire would approve. The applicant should provide a revised preliminary development plan/preliminary plat showing a knuckle located on the south side of Stephenson Street and the northern portion of Lot 15, Block 2. The knuckle should contain a landscape island and also receive approval from Eagle Fire Department regarding the required width for turnaround of emergency apparatus. This revised preliminary development plan/preliminary plat should be provided prior to submitting a final development/final plat application. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Staff recommends approval of the conditional use permit, preliminary development plan, and preliminary plat with the site specific conditions of approval and the standard conditions of approval provided within the staff report: PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on June 19, 2006. The Commission continued the item to July 5, 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 one individual (other than the applicantlrepresentative) who indicated that the stub street provided to the Nazarene Church (Stephenson Street) would be beneficial to both the Church and the City to provide additional access to the church. The individual also requested that a vinyl fence be constructed between the Nazarene Church property and the proposed subdivision. C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by one individual who resides in Alderwood Village and is opposed to sharing alley access and removing the existing vinyl fence which currently separates this development from Alderwood Village Subdivision. Page 22 of 33 K:IPlanning DeptlEagle ApplicationslSUBSl20061Alderwood No.2 pzfdoc COMMISSION DECISION: The Commission voted 3 to 0 (Aspitarte and Lien absent) to recommend approval for CU-02-06, PPUD-OI-06 & PP-08-06 for Eudora Estates (a.k.a. Alderwood No.2) Planned Unit Development, for R TB Investments with the following staff recommended site specific and standard conditions of approval with text shown with underline to be added by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all requirements of the City Engineer. 2. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this project, prior to the City Clerk signing the final plat. 3. Provide documentation from the Army Corps of Engineers regarding the requirement of a 404- Permit prior to submitting application for final development plan/final plat approval. 4. Provide documentation from the Eagle Water Company and the Department of Environmental Quality (Boise Regional Office) indicating that potable water service has been approved to serve the site prior to the applicant submitting a final development plan/final plat application and/or prior to the submittal of an extension of time application, which ever occurs first 5. All existing structures (houses, barns, sheds, etc.) shall be removed from the site prior to the City Clerk signing the final plat. Demolition permits shall be obtained prior to the removal of said structures. 6. 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 application. 7. Provide a revised preliminary development plan/preliminary plat showing a knuckle with a landscape island located on the south side of Stephenson Street and the northern portion of Lot 15, Block 2. The revised preliminary development plan/preliminary plat shall be provided prior to submitting a final development/final plat application. 8. Provide a revised preliminary development plan/preliminary plat showing an additional eight feet (8') of width to the alleyway located on Lots 1-15, Block 2, of Alderwood Village to provide access for Lots 1-15, Block 2 of Eurdora Estates. The applicant shall also provide a cross-access agreement between these property owners prior to the City Clerk signing the final plat. If the coordination efforts fail, applicant shall provide a certified letter from the Alderwood Village Home Owner's Association stating that they refuse coordination and connection to the cross-access for Eudora Estates as required by the Alderwood Village final plat and CC&R's. 9. The applicant shall provide a letter from the Eagle Fire District approving the design of a turnaround at the southern terminus of Stephenson Street prior to submittal of the Design Review application. 10. The setbacks that are reduced from those required in Eagle City Code Section 8-2-4 are permitted to be as follows (or as otherwise approved by the City Council): Front (Lots 3. 8. II & 13. Block 2 and Lot 2. Block 3) Remainder of Lots 10 feet 15 feet Page 23 of 33 K:IPlanning DeptlEagle ApplicationslSUBSl2006\Alderwood No.2 pzfdoc Rear Interior Side Street Side 25 feet 6 feet 20 feet Maximum lot coverage 50% II. Provide a revised preliminary development plan/preliminary plat to change the utility easement width (as stated in Note #4) to a minimum of 12-feet wide. The rear lot utility easement shall be a minimum of 12-feet wide. The common side lot lines shall be six-feet in width on either side of the lot line unless the Council approves a five-foot wide setback, wherein the easement width may be adjusted accordingly. 12. If the Council approves the 20-foot wide paved access easements (instead of public alleyways), then the applicant shall provide a note on the final plat that states there shall be no parking allowed within the 20-foot wide access easements abutting the rear lot line of Lots 2- 14, Block 2, and Lots 2-4, Block 3. Provide a statement in the CC&R's that prohibits parking on the 20-foot easement. "No Parking" signs shall be posted on one side of the paved easement prior to the issuance of any Certificates of Occupancy. 13. If the Council approves the 20-foot wide paved access easements, provide a note on the final plat and within the CC&R's that states that each lot owner within the subdivision has the perpetual right of ingress and egress over the 20-foot wide access easements abutting the rear lot lines of Lots 2-14, Block 2, and Lots 2-4, Block 3, and that the perpetual easements shall run with the land. 14. If the Council approves the 20-foot wide paved access, provide a copy of the Subdivision's CC&R's providing a plan and schedule for the future repair and maintenance of the 20-foot wide paved access. The CC&R's shall be reviewed and approved by the City Engineer prior to City approval of the final plat. 15. If the Council approves the 20-foot wide paved access easements, provide a note on the final plat that states that the restrictive covenant for maintenance of the 20-foot wide paved access easements cannot be modified and the homeowners' association cannot be dissolved without the express consent of the City. 16. If the Council approves the 20-foot wide paved access easements, the applicant shall place a note on the plat that generally states cross access will be provided to the properties abutting the 20-foot wide paved access easements if said properties are developed in a similar manner as approved with this application. 17. Place a note on the final plat to provide cross access from the alley to adjacent property owners within Alderwood Subdivision to the east. IS. Provide documentation assuring that the proposed half street section connection to W. State Street will be completed when the property adjacent to the west is developed. This documentation shall be provided prior to submitting a final development plan/final plat application and shall be reviewed and accepted by the City Attorney prior to approval of the final plat. 19. Any overhead utilities and existing poles serving the existing dwelling and accessory structures shall be removed at the time the structures are removed. 20. Provide a revised preliminary development plan/preliminary plat showing and noting all Page 24 of 33 K:IPlanning DeptlEagle ApplicationslSUBSl20061Alderwood No.2 pzrdoc easements to meet Eagle City Code requirements of twelve feet (12') in width pnor to submitting an application for final development plan/final plat approval. 21. The entire Eudora Subdivision development shall remain under the control of one Homeowners Association. 22. The applicant shall apply for annexation into the Eagle Sewer District's service boundaries and shall comply with all applicable Eagle Sewer District's regulations and conditions prior to submittal of the final development plan/final plat application. 23. The applicant has indicated that a "Row Style" of home is to be allowed within the development. Photo examples of the allowed style of homes, date stamped by the City on April 13,2006, are incorporated herein by reference. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the subdivision CCR&S. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of the final development plan/final plat. 24. 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. 25. The applicant shall install "No Parking" signs along one side of the internal roadways and cross access alleys, prior to the issuance of any building permits. 26. The applicant shall provide a letter from the entity with jurisdiction over the Ballantyne Ditch regarding approval of any landscape improvements or tiling of the ditch that runs westerly through the property. 27. The applicant shall submit a design review application showing proposed subdivision signage and a landscape plan showing perimeter fencing (if proposed), street trees, common area landscaping, and berming, fencing, and planting details within the required 75-foot wide buffer area (unless an alternate method of compliance is approved by the Board) along State Highway 44 abutting this site for review and approval by the Design Review Board prior to submittal of a final development plan/final plat application. 28. The applicant shall submit a design review application showing proposed landscaping to be located adjacent to the rear of the houses and adjacent to the 20-foot wide paved access easement (to provide variety between the houses) for review and approval by the Design Review Board prior to submittal of a final development plan/final plat.. 29. All living trees shall be preserved, unless otherwise determined by the City Forester and City Council. 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. 30. The applicant shall construct 6-foot wide pathways within the development to provide greater pedestrian connectivity between sections of the development and adjacent development. All details of the pathways within the development should be reviewed and approved and Page 25 of 33 K:IPlanning Dept\Eagle ApplicatlOns\SUBS\2006\Alderwood No.2 pzfdoc approved by the Design Review Board prior to the submittal of a final development plan/final plat application. 31. U seable park amenities such as, picnic tables, gazebos, swing sets, basketball courts, ball fields and/or similar amenities as determined by the City Council shall be provided within the open space areas. Landscape plans showing open space amenities shall also be reviewed and approved by the Design Review Board prior to submittal of a final development plan/final plat. 32. 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 generally located on each side lot line. The trees shall be located in the 8.5-foot wide landscape strip between the sidewalk and the curb. Prior to the City Clerk signing the final plat for each phase, 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 8.5-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. 33. The applicant shall place a note on the final plat stating that all common areas are to be owned and maintained by the Eudora Subdivision 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 Eudora Subdivision 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. 34. In lieu of providing an on-site storage area for boats, campers and trailers, 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 for review by staff and the City Attorney prior to submitting application for final development plan/final plat approval. 35. 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 the CC&R's shall show that the common areas shall be maintained by a contracted propertyllandscaping company. 36. 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 the submittal of a final development plan/final plat application. 37. Place a note on the final plat which states that the subdivision shall comply with Idaho Code Section 31-3805 concerning irrigation water. 38. Place a note on the final plat stating that direct lot access to State Highway 44 is prohibited. STANDARD CONDITIONS OF APPROVAL: I. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on Page 26 of 33 K:IPlanning DeptlEagle ApplicationslSUBSl20061Alderwood No.2 pzf.doc 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 (1.c. Title 50, Chapter 13 and 1.c. 39-118). S. 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 Page 27 of 33 K:IPlanning Dept\Eagle Applications\SUBS\20061AIderwood No.2 pzfdoc changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 13. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney Page 28 of33 K:IPlanning DeptlEagle ApplicationsISUBS\2006\Alderwood No.2 pzf.doc prior to the City Engineer signing the final plat. 16. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. 19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. 20. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. 22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 23. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat 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. Page 29 of 33 K:IPlanning DeptlEagle ApplicationslSUBSl20061Alderwood No.2 pzf.doc 28. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 30. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 31. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 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. Provide plans showing street lighting details for review and approval by the Zoning Administrator with the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 35. 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". CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held at the Eagle Public Library at 6:00 PM, December 13, 2005, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on April 13, 2006. 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 May 30, 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, May 26,2006. Requests for agencies' reviews were Page 30 of 33 K:IPlanning DeptlEagle ApplicationslSUBSl2006\Alderwood No.2 pzrdoc transmitted on April 19, 2006 in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on June 23, 2006. 3. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-02-06/PPUD-0 1-06/PP-08-06) 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 Eudora Estates (a.k.a Alderwood No.2) is to provide a "neo-traditional" development similar to Alderwood Village located adjacent of this development to the east. 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 Eudora Estates (a.k.a Alderwood No.2) development provides similar lots sizes and densities to developments to the east. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses because; The development will have access to West State Street. The site will be serviced by central water and sewer. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors because; No major impacts are expected as this development should only develop normal traffic patterns that would be related to a residential subdivision development. The proposed dwelling units on the site will be compatible with existing residential units in the area. S. That the development will be served adequately by essentlal public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools because; Development of sewer, water, drainage, streets and other urban services will be provided at the developer's expense. 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 as conditioned within the site specific conditions, to serve any and all uses allowed on this property under the current zoning; 6. That the development will not create excessive additional requirements at public cost for public facilities and services because; All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the sewer, water, or highway district. Because the developer Page 31 of33 K:\Planning DeptlEagle ApplicationsISUBS\2006\Alderwood No.2 pzf.doc provides the services in the initial stages of development the public service providers avoid potential liability and expenses. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal because; The development plan was designed with consideration given to a pocket park, which provides an opportunity for residents to congregate and socialize in a central area. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares because; Access to the development will be from West Krasen Street from West State Street. The applicant is also providing an emergency access from West State Street, which will be developed as a full street section when the adjacent property west of the emergency access is developed. The design and construction of the roadways and entrances is guided by the Ada County Highway District. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance because; The existing trees that are located on the site will be preserved or upon their removal (if approved by the City) will be replaced with an equivalent amount of new trees in accordance with Eagle City Code. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan because; The proposed development fits well with the Comprehensive Plan since the Plan calls for Residential Four (densities of up to four dwelling units per gross acre for this area). II. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8 because; This application requests approval for a preliminary development plan and conditional use permit as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the development will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design reVIew. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations because; The development provides for a residential use similar to the existing "neo-traditional" development (Alderwood Village) to the east. 4. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat (PP-08-06) and based upon the information provided concludes that the proposed preliminary plat application is in accordance with the City of Eagle Title 9 (Subdivisions) because: Page 32 of 33 K:IPlanning DeptlEagle ApplicationsISUBS\2006\Alderwood No.2 pzfdoc a. The requested preliminary plat complies with the density of the zoning designation of R-4 (Residential- four dwelling units per acre maximum); and b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City Code since the development is consistent with the Comprehensive Plan and provide the requires improvements for a subdivision; and c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and that such use will not change the essential character of the same area; and d. Will not create excessive additional requirements at public cost for facilities and services as the site will be served by Eagle Sewer District and will use public water to be served from Eagle Water Company. Fire protection will be available from the Eagle Fire District and fire hydrants will be provided as required; and e. Will have vehicular approaches to the property designed to not create an interference with traffic on surrounding public thoroughfares since the project is reviewed and approved the highway district having jurisdiction and is subject to the conditions therein; and f. This development is in continuity with the capital improvement program since the required public improvements have been installed on site, or are expected to be installed with the development of individual lots as conditions of approval; and g. That based upon agency verification and written comments from the notified agencies or as conditioned herein, there is adequate public financial capability to support the proposed development; and h. That any health, safety and environmental problems that were brought to the Commission's attention have been adequately addressed by the applicant or will be conditions of final plat approval as set forth within the conditions of approval above. 5. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. DATED this 17th day of July, 2006. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE da County, Ida~ ~ ."","'1""", .,,~ ~ "l OF 11 ....~ , 1"' ......... "'0 '" I ~ .. (.... .. ..OtlPOJlJ ". "" ~ ..... ..,~.\'. ':> (t\\ ~ -., : : -Sr. ....- (/I" ~ ~AL ,,-j i .".. ," ~ .,... !'o.,,'I'''o.... 0 .:' '"b ....... ~ ,:; q OF 11> p. ,.."" "..........,,' ATTEST: Page 33 of33 K:\Planning Dept\Eagle Applications\SUBS\2006\Alderwood No.2 pzrdoc