Findings - PZ - 2006 - A-7-06/RZ-7-06 & PP-7-06 - A/Rz From Rr To R-2-Da Cabra Creek Subd/26-Lot/13.63 Acre/767 N. Linder Rd
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
ORIGINAL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION, REZONE, AND )
PRELIMINARY PLAT FOR CABRA )
CREEK SUBDIVISION FOR DONALD )
AND TRlCIA FLYNN )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-7-06/RZ-7-06 & PP-7-06
The above-entitled Annexation, Rezone, and Preliminary Plat applications came before the Eagle Planning
and Zoning Commission for their consideration on June 05, 2006. The Commission continued the item to
June 19, 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, havmg
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:
Donald and Tricia Flynn, represented by Shawn Nickel with SLN Planning, Inc. is
requesting annexation and a rezone with a development agreement from RR (Rural
Residential-Ada County designation) to R-2-DA (Residential-two units per acre maximum
with a development agreement) and preliminary plat approval for Cabra Creek
Subdivision, a 26 lot (23-buildable, 3-common) residential subdivision. The 13.63 acre
site is located approximately 1,500 feet north ofW. State Street on the west side ofN.
Linder Road at 767 N. Linder Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held in compliance with the application submittal
requirement of Eagle City Code at 6:00 PM, February 21, 2006. The annexation, rezone,
and preliminary plat applications for this item were received by the City of Eagle on April
6, 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 22, 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 15, 2006. The site was posted in accordance with the Eagle City Code on
May 26, 2006. Requests for agencies' reviews were transmitted on April 12, 2006 in
accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/A
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
The City is requesting a development agreement to ensure the development of the property
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is consistent with the Comprehensive plan and vision of the City of Eagle.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (2 RR (Rural Residential-Ada Single Family Dwelling &
units per acre County Designation) Pasture
maximum)
Proposed Residential Two (2 R-2-DA (Residential-2 units Single Family, Residential
units per acre per acre with a development Subdivision
maximum) agreement)
North of site Residential Two (2 RR (Rural Residential-Ada Single Family Dwelling
units per acre County Designation)
maximum)
South of site Residential Two (2 RR (Rural Residential-Ada Single Family Dwelling
units per acre County Designation)
maximum)
East of site Residential Three (3 R-2-DA (Residential-two units Single family residential
units per acre per acre with a development subdivision (Sedona
maximum) agreement) Subdivision)
West of site Residential Two (2 R-2-DA-P (Residential-two Single family residential
units per acre units per acre planned unit subdivision (proposed
maximum) development with a Eaglefield P U D)
development agreement)
H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA
I. SITE DATA:
Total Acreage of Site - 13.63 Acres
Total Number of Lots - 26
Residential - 23
Common - 3
Total Number of Units - 23
Single-family - 23
Existing - 0
Proposed - 23
Total Acreage of Any Out-Parcels - 0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.69 units/Acre 2-units per acre
maxImum
Minimum Lot Size 17,001 sq. ft. 17,000 sq. ft.
Minimum Lot Width 95 ft. (approximately) 75 ft.
Minimum Street Frontage 59 ft. 35-ft.
Total Acreage of Common Lots 1. 367 -acres 1.363 -acres minimum
Percent of Site as Common Area 10% 10%
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
As required by Eagle City Code Section 8-2A-7(J)(4)(b), the applicant proposes to
construct a fifty-foot (50') wide buffer along N. Linder Road. All berming, fencing and
landscaping details, including any proposed pump houses for pressurized irrigation, are
required for Design Review Board review and approval prior to submittal of a final plat.
Open Space and Design:
The proposed development includes 1.36 acres (10%) of common area. The common area
consists of the required buffer area along N. Linder Road, a open space lot consisting of
1.17 acres (approximately) located adjacent to the southern boundary, and a landscape
island within the cul-de-sac in the northwest corner of the subdivision. The application
states a pathway will provide east to west connection within the common area on the
southern boundary of the subdivision.
Storm Drainage and Flood Control:
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 twelve feet
(12') wide.
Fire Hydrants and Water Mains:
The preliminary plat shows five (5) fire hydrants located within the subdivision. The
hydrants should be installed and approved as required by the Eagle Fire District.
On-site Septic System (yes or no) - no
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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. The Farmers Union Canal and mature trees are located along
the northern boundary of the site.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
K. STREET DESIGN:
Public Streets:
The detailed drawing on the preliminary plat shows a sixty-four foot (64') wide right-of-
way street section with a thirty-six foot (36') wide travelway including ribbon curbing. W.
Rosslare Drive provides access to the subdivision from N. Linder Road. The plat also
shows a stub street to the west providing connection to the proposed Eaglefield Planned
Unit Development. An eight foot (8') wide grassy swale to be utilized as a drainage swale
with a five foot (5') wide detached sidewalk are shown to be located within the right-of-
way adjacent to the interior roads.
Cul-de-sac Design:
One 21O-foot cul-de-sac (W. Rosslare Court) is proposed with 50-foot radius and 616-
square foot landscape island. The preliminary plat also shows a stub street (W. Flynn
Way) with a temporary turnaround providing access to the property west of the
development (Eaglefield Planned Unit Development).
Sidewalks:
A 5-foot wide meandering detached sidewalk is required along N. Linder Road abutting
the eastern portion of the site. A detached five-foot (5') wide concrete sidewalk is
proposed abutting both sides of the roadway on the interior streets.
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 is required prior to the
submittal of a Final Plat. Any modifications of street names shall be completed before
final plat approval.
L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian WalkwayslPathways:
The preliminary plat does not delineate any public pathways located within the
development. The application states that the common area within the development will
include an east to west pathway connection.
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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.
M. PUBLIC USES PROPOSED:
See "Open Space and Design" noted above.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently eXists
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters (with conditions) from the Eagle Fire Department and Eagle
Sewer District have been received. The Eagle Sewer District states that it will be necessary
for the applicant to petition to annex the subject property into the sewer district for sewage
disposal prior to development of the site. The development is located within the City of
Eagle municipal water service area. The applicant will either develop an on-site municipal
system or interconnect to an adjacent planned municipal main-line which is to be
constructed by an adjacent developer.
P. NON-CONFORMING USES:
Based upon the information available with the recommended site specific conditions of
approval herin the proposed rezone will not create any non-conforming issues with regard
to provisions of the Eagle City Code.
Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes, see Preservation of Existing Natural Features section above
Riparian Vegetation - yes -adjacent to Middleton Canal
Steep Slopes - no
Stream/Creek: yes, Middleton Canal
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - no
Wildlife Habitat - no
Historical Assets - No known to exist
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required.
S. 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 letters dated May 02, 2006, are of special
concern (see attached).
Ada County Highway District
Central District Health District
Chevron Pipeline
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Department of Environmental Quality
Eagle Fire District
Eagle Sewer District
Idaho Transportation Department
Meridian School District
Ringert Clark (rep: Drainage District #2) (correspondence dated May 9,2006)
T. LETTERS FROM THE PUBLIC:
Holland and Debbie Houfburg stated in correspondence, date stamped by the City on May
26, 2006, there concern with the proposed half entrance/exit on Linder Road and its
impact on their property.
U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to construct the development in one phase.
STAFF ANALYSIS:
2000 COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates
this site as Residential Two:
Suitable primarily for single family residential development within areas that are rural in
character.
Chapter 1 - 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.
g. To ensure that the development ofland is commensurate with the physical
characteristics of the land.
1.3 The City of Eagle Vision Statement
b. interconnected with user-friendly pathways and roadways;
Chapter 4 - Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the public
and are generally available to Eagle residents. The City and special districts provide the
basic services of water, sewer, school, police, fire and library to residents. With Eagle's
growing population comes the need for increased public services and the necessity to
improve existing service delivery systems.
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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.
4.5 Implementation Strategies
d. Encourage land use development to reduce street hazards by developing access to
elementary and secondary schools on local streets and/or pathways.
Chapter 6 - Land Use
6.1 Background and Existing Conditions
Managing growth and channeling it into orderly community development is the key
element of land 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 growth and development to ensure that evolving land use patterns remain
consistent with goals, objectives and strategies of the Plan.
6.2 Land Use Issues
Residents of Eagle and its Impact Area have a strong desire to maintain the rural
"feel" of the community.
In order to ensure the quality of life that is desired by Eagle residents, it is necessary to
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maintain a tax base that is adequate for providing expected public services.
6.6 Objectives
To encourage the preservation of open spaces.
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.
1. 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
8.6 Implementation Strategies
a. Work in conjunction with the Ada County Highway District (ACHD), Idaho
Transportation Department (ITD), and Ada Planning Association (APA) to
classify roadways on the City of Eagle Transportation/Pathway Network Maps #1
and #2 incorporated into this Comprehensive Plan by reference. The Maps are to
assure conformity to designations as delineated on the Land Use Map. The maps
shall be provided to the Ada Planning Association for input into the Ada Planning
Association's Functional Street Classification Map and Regional Transportation
Plan.
b. Integrate all modes of travel to support air quality improvement measures.
c. Encourage roadway design standards that are consistent with the Idaho
Transportation department (ITD), Ada County Highway District (ACHD), Ada
Planning Association, and other agencies that may be responsible for roadway
planning and design.
e. Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway Network
Maps #1 and #2, adopted local and regional pathway plans, as may be needed for
intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is
not unnecessarily pushed out onto arterials and collectors.
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.
o. Encourage arterial and collector roadway design criteria consistent with the rural
nature of planned and existing developments generally within the areas designated
on the Land Use Map as Residential Rural (one dwelling unit per five acres
maximum) and Residential Estates (one dwelling unit per two acres maximum).
Such designs should include the following:
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1. Vertical Curbs should not be permitted, except where may be required by
ACHD. Where curbs are needed, flat or rolled curbs should be
encouraged.
2. Sidewalks and/or pathways should meander and be separated from any
roadway edge or curb to allow for added pedestrian safety. Topography,
trees, ditches and/or similar features may limit the distance between
sidewalks and/or pathways and the roadway edge. Easements may be
needed if portions of the sidewalk and/or pathway is to be located outside
of the right-of-way.
3. Unless otherwise determined by ACHD to be necessary for public safety,
roadways should be a maximum of two lanes with a center turn lane only
at driveways and/or street intersections that are expected to generate a
minimum of 1000 vehicle trips per day, or where determined to be
necessary for safety by ACHD. Any portion of a center turn lane which is
not used for such a driveway or intersection should be landscaped. Such
landscaped medians would need to be maintained by the City and would
require a license agreement with the highway district having jurisdiction.
4. The roadways should be constructed to provide a bike lane on both sides
ofthe roadway.
Chapter 9 - Parks, Recreation and Open Spaces
9.5 Pathways and Greenbelts
Pathways are nonmotorized multi-use paths that are separated features from bicycle
and pedestrian lanes constructed as a part of a roadway.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and bicycle
friendly community.
b. To provide a network of central and neighborhood paths where residents are able
to safely access and utilize pathways for alternative forms of transportation.
e. All development should provide developed pathways for connection to Eagle's
public pathway system and/or adjoining development's public pathway system.
9.5.3 Implementation Strategies
d. Construct bridges to provide access to existing and future greenbelt and pathway
system easements.
f. Prioritize greenbelt and pathway development: 1). greenbelt/pathway system
along the Boise River: 2). greenbelt/pathway system along the Dry Creek: 3).
Corridor preservation along future planned pathways and irrigation features: and
4). Road crossings.
9.6 Open Spaces
Open space is land which is not used for buildings or structures and offers
opportunities for parks, recreation, water amenities, greenbelts, river trails and
pathways, tourism, leisure activities, viewpoints, and wildlife habitat.
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9.6.1 Goal
To provide wherever possible open space and natural features such as natural river
frontage, greenbelts, river trails and pathways, creeks, flood plains and flood ways,
drainage ways and canals, development buffers, wooded areas, grasslands, foothills,
and viewpoints for public use and enjoyment.
9.6.2 Objectives
a. To establish open space to protect the finite resource base of Eagle's natural
environment - air, ground water, surface water, soil, forested areas, plant and
wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and
wetlands.
b. To provide an open space setting for active and passive recreation for all age
groups throughout the community.
c. To protect against hazards that are inherent to flood plains, flood ways, steep
slopes, and areas of geological instability.
e. To protect such unique environmental areas as historical, geological, and
archaeological sites and monuments, natural areas, and wildlife habitat.
9.6.3 Implementation Strategies
a. Require developers to utilize open space for above-ground, on-site storm water
management (i.e., grassy swales, constructed wetlands, and water features.
Chapter 11 - Special Areas and Sites
11.2 Recognized Special Areas and Sites
Dry Creek Floodplain
The Dry Floodplain is designated as a special area due to its ecological and scenic
significance. The area comprises the length of the Dry creek Floodplain through the
Impact Area.
11.4 Implementation and Strategies
a. Protect and improve natural and man-made waterways.
g. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
h. Encourage the preservation of habitat areas which provide for fish and wildlife.
Chapter 12 - Community Design
12.4 Implementation Strategies
a. Establish and maintain a development pattern and design criteria in keeping with
the rural transitional identity of Eagle. This includes growth within the Impact
Area that discourages or precludes the establishment of other City centers.
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c. The floodway shall be reserved as a natural state such as a greenbelt, wildlife
habitat, and open space recreational area and for agricultural uses.
k. Encourage the preservation of natural resources such as creeks, drainages, steep
slopes, and ridgelines as visual amenities.
1. Encourage the development of pathways and open-space corridors throughout the
City.
o. Encourage the planting and preservation of trees that will create beauty and add to
the healthy environment of downtown (see Eagle Tree Plan below).
q. Maintain the rural residential character and open space environment in and around
the City.
12.5 Eagle Tree Plan
12.5.1 Goal
To establish and enhance areas of tree growth that will create beauty, add to a healthy
environment and increase economic stability.
B. SOARING 2025 COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
Chapter 4 Public Facilities and Services
4.6.1 Domestic Water Goals
Ensure a safe, reliable and cost-efficient water supply, distribution system and
storage reservoir to support water demands of current users and projected
demands of land development in accordance with the Eagle Comprehensive Plan.
Develop a groundwater supply and water storage system to provide for domestic,
emergency, and fire flows that meet federal, state and local standards and the
service demands of development.
4.6.2 Objectives
Develop an interconnected water system owned and operated by the City.
Protect groundwater quality and conserve the natural groundwater resource.
Ensure water service shall provide a minimum of 40 psi and a maximum of 85-90
psi, and fire flows of 1,500 gallons per minute, in accordance with state
requirements.
Promote the utilization and reuse of surface water sources for non-potable uses
such as irrigation and water amenities.
Ensure that the cost of new and upgraded water facilities is borne by those who
benefit from them.
4.6.3 Implementation Strategies
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d. Require a separate water system for use of non-potable water, where
available, for landscape irrigation and water amenities and to minimize
reliance on groundwater for these uses.
g. Protect current residents from paying for service that principally benefits
new development.
h. Ensure all new development with in the Western Planning Area connects
to municipal water services.
4.7 Irrigation Water
The City of Eagle sets in an irrigated river valley partitioned by several major
irrigation systems operated by irrigation districts or companies. These entities
and the water resource they manage are an integral element in the development of
greenscape that typifies the Boise River Valley. This resource and distribution
network also provides significant recharge to the shallow ground water zone upon
which many wells and water amenities depend.
4.7.1 Goals
Protect the existing irrigation system and increase use or reuse of the surface
water resource for park, residential and commercial landscape irrigation and water
amenities.
Maintain irrigation standards that promote the conservation and reuse of surface
water.
4.7.2 Objective
Ensure that new development incorporates existing irrigation water for landscape
irrigation and water amenities when water rights are available on-site or by means
of appropriation or transfer.
Maintain surface water rights within general areas of use to ensure adequate
supply for the enjoyment of amenities such as city parks and greenbelts.
4.7.3 Implementation Strategies
a. Encourage policies such as the lining of ponds to maximize the use of
water resources.
4.8 Storm Drainage/Flood Control
Storm Drainage
With the continued construction of impermeable surfaces such as rooftops,
asphalt streets, and concrete drives, storm water run-off has become a matter
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requiring increased control and management. Receiving streams abundant with
fish and other aquatic life must be protected from the pollutants that may become
concentrated in storm water. The City of Eagle has made significant progress in
setting standards for storm water discharge by developing standards for surface
and subsurface discharge that are protective of receiving waters and assure longterm
reliance of subsurface treatment facilities.
4.8.3 Implementation Strategies
a. Require that adequate on-site treatment, storm drain and flood-control
facilities be constructed coincident with new development.
Chapter 6 Land Use
6.4 E Floating Feather Planning Area
The Floating Feather Planning Area is designated as residential with
limited ancillary uses to be incorporated as allowed by the planned unit
development standards. This area should provide trails, open space, and
parks in conjunction with varied housing options. The overall density of
the area is 1-2 units per acre.
6.4E.4 Issues
The main concerns in the development of the area are the integration of
varying lot sizes and housing styles. The vision for the area is contingent
on the integration of uses and providing a flow of housing units
throughout the area to avoid creating defined separation from estate areas
and patio home areas, for example. Further, the provision of open space
and trails through the area should be key to the development approval of
the area.
C. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code 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.
. Eagle City Code Section 8-2A-7 J(4)(b) Major Roadways:
b. Any road designated as a minor arterial on the Ada County long range highway and
street map:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall
be provided with the following plants per one hundred (100) linear feet of right of
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way: five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental
trees, and twenty four (24) shrubs. Each required shade tree may be substituted
with two (2) flowering/ornamental trees, provided that not more than fifty percent
(50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope
for any berm shall be three feet (3') horizontal distance to one foot (1 ') vertical
distance. If a decorative block wall, cultured stone, decorative rock, or similarly
designed concrete wall is to be provided, in combination with the berm, a four
foot (4') wide flat area shall be provided for the placement of the decorative wall.
Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not
be permitted.
D. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. Eagle City Code 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.
. Eagle City Code Section 9-3-2-1 (H) Location:
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.
. Eagle City Code Section 9-3-2-2 (A) Street Widths:
Street and road right of way widths, grade, alignment, and so forth, shall conform to the
adopted major street plan or comprehensive plan and shall be approved by the highway
district and/or other agency having jurisdiction.
. Eagle City Code 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.
. Eagle City Code Section 9-3-7 Planter 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
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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 alllandscapelbuffer area requirements within section 8-2A-7 of this
code.
B. Reserve Strip:
2. Public Reserve Strips: A one foot (I ') reserve may be required to be placed along
half streets which are within the subdivision boundaries and shall be deemed in fee
simple to the city for future street widening.
. Eagle City Code Section 9-3-8 (B) Natural Features:
Existing natural features which add value to residential development and enhance the
attractiveness of the community (such as trees, watercourses, historic spots and similar
irreplaceable assets) shall be preserved in the design of the subdivision.
. Eagle City Code Section 9-4-1-2 Streets and Alleys:
All streets and alleys shall be constructed in accordance with the standards and
specifications adopted by the Ada County highway district.
. Eagle City Code Section 9-4-1-6 (B)(1)(c & d) 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:
c. Adopted pathway elements within the comprehensive plan and the ridge to rivers
pathway plan;
d. Neighborhoods;
. Eagle City Code Section 9-4-1-6 (D) Pathway Design:
While the city may exercise considerable discretion in determining the design of
pathways, the following minimum standards should be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in
width. Micropathways within subdivisions which are designed for primary use by
the residences of the subdivision shall be a minimum six feet (6') wide and shall be
located within a sixteen foot (16') wide pedestrian access easement. Regional
pathways such as the Boise River greenbelt and pathways located adjacent to major
roadways shall be a minimum ten feet (10') wide and shall be located within a
twenty foot (20') wide pedestrian access easement.
2. Barriers may be placed at the terminal ends of paths to restrict use by motor vehicles
while allowing use by bicycles, wheelchairs and other modes of travel.
3. A five foot (5') wide landscaped arealbuilding and fence setback, as measured from
both edges of the paved path, shall be required, and will be owned by either the
abutting property owner(s) or a homeowners' association unless accepted by a public
entity. The five foot (5') wide landscaped area on either side of the pathway may be
decreased to a minimum of two feet (2') wide (as measured from the edge of asphalt
to the easement line) when used in conjunction with a meandering pathway,
however, the total width of the landscape area shall not be less than ten feet (10')
(i.e., 2 feet on one side of the path and 8 feet on the other). For safety purposes,
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planting material in this area is limited to three feet (3') in height. The landscape,
fence and building regulations for this area shall be indicated by a note on the plat.
5. A root barrier shall be placed on both sides of the pathway to prohibit tree roots from
damaging the pathway surface. The root barrier shall consist of black injection
molded panels with a minimum of 0.085 inch wall thickness in modules a minimum
of twenty four inches (24") long by twenty four inches (24") deep. Each panel shall
have no less than four (4) vertical deflecting ribs of a minimum 0.085 inch thickness
protruding one-half inch (1/2") at ninety degrees (900) from the interior of the panel,
spaced six inches (6") apart. A minimum of nine (9) antilift tabs, three (3) each
between the vertical ribs, shall be integrated into each panel, measuring a minimum
of 0.085 inch thickness and protruding three-eighths inch (3/8") from the panel wall.
An integrated joining system shall be employed for instant assembly by sliding one
panel into the other. An alternative type barrier system of equal root penetrative
resistance may be considered on a case by case basis, subject to the approval of the
zoning administrator.
6. In order to design for crime prevention the following design standards will be
followed:
a. The use of "see through" fencing is preferred, as it provides better visibility
from adjacent homes or buildings. If solid fencing is used it may not exceed
four feet (4') in height.
b. Adequate lighting may be provided as determined by Eagle city council and
may be owned and maintained by the city of Eagle once the path is turned over
to the city for maintenance.
c. The use of corners and curves in the design of the paths is discouraged.
. Eagle City Code Section 9-4-1-6 (F) (2,3 & 6) Sidewalk Design:
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County Highway District.
3. Sidewalks shall be separated from the edge of the abutting roadway and / or back of
curb by a minimum five-foot (5') wide landscape strip. The landscape strip shall be
completed with sod, automatic irrigation, and planted with 3-inch minimum caliper
shade-class trees along all streets within the subdivision. Installation oflandscaping
shall be in accordance with Section 8-2A-7 of this Code.
E. DISCUSSION:
. The Eagle Comprehensive Plan Land Use Map designates the property as "Residential Two" with
a density not to exceed 2 units per acre. The Soaring 2025 (Western Area Plan) Comprehensive
Plan designates this area as being located within the Floating Feather Planning Area, which is a
sub area of the Western Planning area. The overall density of the proposed Cabra Creek
Subdivision development is 1.69 units per acre.
. Currently, the approximate 13.63-acre parcel is being utilized as farm ground. The existing
residence and accessory buildings are located at the eastern portion of the property. With the
development of this site, the applicant proposes a twenty-six (26) lot residential subdivision (23
buildable lots and 3 common lots). The applicant is proposing to remove all existing structures
from the site, which should be conditioned to be completed prior to the City Clerk signing the final
plat. A demolition permit should be required prior to the removal of the structures and the proper
approvals for the removal of the existing well and septic tank should be provided prior to the
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submittal of the final plat.
. The proposed development provides building lots ranging from 17,001 square feet to 24,457
square feet in size. The applicant is requesting an R-2; zoning designation, the required minimum
lot size in an R-2 zone is 17,000 square feet. The design shown of the subdivision complies with
the technical requirements (or will pursuant to the conditions outlined herein) of Eagle City Code.
. Per Eagle City Code subdivisions with an R-2 zoning designation are required to have a minimum
often percent (10%) of the gross area provided as open space. The proposed development includes
1.367 acres (10%) of the site as common area open space including a gathering area, landscape
island within a cul-de-sac and landscape buffer adjacent to N. Linder Road.
. The applicant discusses within the narrative a pathway system through the common area lot on the
southern boundary of the development. The pathway is not shown on the preliminary plat nor is a
pathway shown along the northern boundary of the development. The City of Eagle
TransportationlPathway Map designates a multi-use pathway located adjacent to the northern
boundary of the proposed subdivision. The map also shows a proposed bike lane to be located
adjacent to N. Linder Road. The connection provides linkages for residents south of the canal to N.
Linder Road. The applicant should meet with City of Eagle Parks and Pathways Development
Committee for review and approval of a pathway adjacent to the northern boundary of the
development prior to submitting an application for Design Review approval.
. The pressurized irrigation plan indicates the subdivision will be using a storage pond for irrigation
water. The preliminary plat date stamped by the City on April 6, 2006, does not show a location
for the storage pond. A revised preliminary plat should be provided showing the location of the
proposed storage pond prior to submitting application for Design Review approval.
. The application for the preliminary plat states that an open space corridor is going to be provided
with pathway connection east to west. The preliminary plat date stamped by the City on April 6,
2006, does not show a pathway from east to west in the development. The applicant should
provide a revised preliminary plat showing an east/west pathway through the open space area and
adjacent to the northern boundary of the subdivision prior to submitting application for Design
Review approval.
. The Middleton Canal borders the northern boundary of the development. Due to the location of the
canal, a 404-Permit may be required by the Army Corp of Engineers for development in the area.
The applicant should provide documentation from the Army Corps of Engineers regarding the
requirement of a 404- Permit prior to submitting application for final plat approval.
. Note No.2 on the preliminary plat date stamped by the City on April 6, 2006, states that a twelve
foot (12') wide easement is located adjacent to the exterior boundaries. Lots 4-17, Block 1, shows
the pressurized irrigation line to be located outside of an easement. The applicant should provide a
revised preliminary plat showing the rear easement of Lots 4-17, Block 1, to be outside of the
Middleton Canal easement to provide a separate easement for the pressurized irrigation line.
. Note NO.2 on the preliminary plat date stamped by the City on April 6, 2006, states all side yard
lot lines have a six foot (6') wide drainage and irrigation easement on each side of the lot line
unless otherwise shown. Provide a revised preliminary plat with a note regarding side lot line
easements to read, "All side yard lot lines have a 6' utility, drainage and irrigation easement on
each side of the lot line" prior to submitting application for Design Review approval.
. The preliminary plat date stamped by the City on April 6, 2006, shows a half street to be located at
the entrance to the subdivision. Per Eagle City Code, Section 9-3-2-1(H) states that satisfactory
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assurance for dedication of the remaining street should be provided. The applicant should provide
documentation assuring that the proposed half street section connection to N. Linder Road will be
completed when the property adjacent to the south is developed. This documentation shall be
provided prior to submitting application for a final plat.
ST AFF RECOMMENDED FINDINGS:
. Rezone: With regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided to staff to date, staff believes that the
proposed rezone is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The requested zoning designation of R-2 (Residential-up to two units per acre) is
consistent with the Residential Two designation as shown on the Comprehensive Plan
Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve all uses allowed on this property under the proposed
zone;
c. The proposed R-2 (Residential-up to two units per acre) is compatible with the RR
(Rural Residential -Ada County designation) land use to the north and south since
these areas are designated Residential Two in the Comprehensive Plan and could be
developed in the same manner at a later date;
d. The proposed R-2 (Residential-up to two units per acre) is compatible with the R-2-
DA (Residential-two units per acre with a development agreement) zone and land use
to the east since that area has been developed with lots of similar size;
e. The proposed R-2 (Residential-up to two units per acre) is compatible with the R-2-
DA (Residential-two units per acre with a development agreement) zone and land use
to the west since that area will be developed with lots of similar size;
f. The land proposed for rezone is not located within a "Hazard Area" and "Special
Area" as described within the Comprehensive Plan; and
g. As stated in the Development Agreement, the applicant will remove all existing
structures on the site. Therefore, no non-conforming uses are expected to be created
with this rezone.
. Preliminarv Plat: With regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the
Commission and Council", and based upon the information provided to staff to date, staff
believes that the proposed preliminary plat is in accordance with the City of Eagle Code
because:
a. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or Eagle City
Code Title 9, as shown within the findings provided within this document and the
proposed residential use is in accordance with the residential land use designation of
this area shown within the Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets,
police and fire protection, schools, drainage structures, refuse disposal, water and
sewer; or that the persons or agencies responsible for the establishment of the
proposed use shall be able to provide adequately any such services, as noted in the
documentation provided from said agencies and as required as a part of the conditions
of approval;
c. The proposed development will provide continuity with the capital improvement plan
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for municipal water through a memorandum of agreement for providing water from
the City of Eagle municipal water system;
d. That based upon agency verification and additional written comments of the Eagle
Fire District and Eagle Sewer District, as conditioned herein, there is adequate public
financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the
Commission and Council's attention have been adequately addressed by the applicant
or will be conditions of approval as set forth within the conditions of approval herein.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Annexation,
Rezone, and Preliminary Plat with conditions as provided within the staffreport.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
June 5, 2006. The Commission continued the item to June 19, 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 from no one (not including the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION REGARDING THE REZONE AND DEVELOPMENT
AGREEMENT:
The Commission voted 5 to 0 to recommend approval of A-07-06 and RZ-07-06 for an annexation
and rezone from RUT to R-2-DA with the following staff recommended conditions to be placed
within a development agreement.
2.1 The maximum overall density of the property shall not exceed 1.69 units per acre.
2.2 The Concept Plan (Exhibit A) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in
that concept may occur or be required. If the City determines that any such changes require
additional public comment due to potential impacts on surrounding property or the community,
a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be
provided as may be required by the City.
2.3 The development shall comply with the Eagle City Code, as it exists in final form at the time a
design review application is made, including compliance with all of the conditions as provided
within this development agreement.
2.4 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that
the property has been annexed into the Eagle Sewer District's service boundaries and approving
the final construction plans prior to submittal of the final plat application.
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2.5 As required by Title 6 Chapter 5 Eagle City Code, the Property shall become part of the City of
Eagle's municipal water system. The water main size, to be determined by the City Engineer, at
the time of the final plat review shall be dedicated to the public and shall only be constructed
on rights of way or easements. Easements or permits secured for the main extension shall be
obtained in the name of the City, along with all rights and title to the main at the time of service
is provided to the customer paying for the extension. Water mains shall be extended by the
applicant as designated by the City Engineer where future water system extensions are expected
to occur. The developer shall enter into a "Memorandum of Agreement" to provide sufficient
water to Cabra Creek Subdivision in compliance with and consistent with the intent of City of
Eagle Ordinance No.4 79 prior to adoption of an ordinance of annexation.
2.6 The developer shall remove all structures (houses, barns, sheds, etc.) from the site prior to the
City Clerk signing the Final Plat. Demolition permits shall be obtained prior to the removal of
said structures and approval permits for the removal of the existing well and septic prior to
submittal of a final plat application.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend denial of PP-07-06 for a preliminary plat for Cabra
Creek Subdivision. A favorable recommendation would be provided if the applicant could reach
an agreement with the property owner to the south providing assurance to the City that the
entrance road from Linder would be constructed as a full street section.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, February 21,2006, in compliance with the application
submittal requirement of Eagle City Code. The annexation, rezone and preliminary plat applications
for this item were received by the City of Eagle on April 6, 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 22, 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 15, 2006. The site was posted in accordance
with the Eagle City Code on May 26, 2006. Requests for agencies' reviews were transmitted on April
12,2006 in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-07-06/RZ-07-06) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of R-2-DA (Residential-up to two units per acre with a
development agreement) is consistent with the Residential Two designation as shown on the
Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be
provided, to serve all uses allowed on this property under the proposed zone;
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c. The proposed R-2-DA (Residential-up to two units per acre with a development agreement) is
compatible with the RR (Rural Residential -Ada County designation) land use to the north and
south since these areas are designated Residential Two in the Comprehensive Plan and could
be developed in the same manner at a later date;
d. The proposed R-2-DA (Residential-up to two units per acre with a development agreement) is
compatible with the R-2-DA (Residential-two units per acre with a development agreement)
zone and land use to the east since that area has been developed with lots of similar size;
e. The proposed R-2-DA (Residential-up to two units per acre with a development agreement) is
compatible with the R-2-DA (Residential-two units per acre with a development agreement)
zone and land use to the west since that area will be developed with lots of similar size;
f. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
g. As stated in the Development Agreement, the applicant will remove all existing structures on
the site. Therefore, no non-conforming uses are expected to be created with this rezone.
4. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-07-06) and based upon the information provided concludes that the proposed preliminary plat
application is not in accordance with the City of Eagle Title 9 (Subdivisions) because the applicant can
not provide assurance that the half street section to be constructed as an entrance to Linder Road can
be completed at a future date. The applicant could provide an assurance of completion of the road if an
agreement could be reached with the property owner to the south.
DATED this 5th day of July 2006.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
C?
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