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Findings - PZ - 2006 - CU-06-00/PPUD-03-06 - Eagle Hills Condo/20-Unit/13.34 Acre BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A CONDITIONAL USE PERMIT AND ) PRELIMINARY DEVELOPMENT PLAN ) FOR A 20 - UNIT RESIDENTIAL ) CONDOMINIUM DEVELOPMENT FOR ) EAGLE HILLS GOLF COURSE, INC. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-06-06/PPUD-03-06 The above-entitled Conditional Use Permit and Preliminary Development Plan applications came before the Eagle Planning and Zoning Cornmission for their consideration on July 5, 2006. The Commission continued the item to August 21, 2006, at which time public testimony was taken, the public hearing was closed and the Cornmission made their recomrnendation at that time. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly considered the malter, rnakes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Eagle Hills Golf Course, Inc., represented by Mark Butler with Land Consultants, Inc., is requesting conditional use permit and preliminary developrnent plan approval for Eagle Hills Condominiums, a 20-unit residential condominium development. The 13.34-acre site is located at the second hole at Eagle Hills Golf Course, generally near the intersection of Eagle Hills Way and Winged Foot Place. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held in compliance with the application submittal requirernent of Eagle City Code at 6:00 PM, on April 27, 2006, at the Eagle Hills Golf Clubhouse. The preliminary development plan and conditional use permit applications for this item were received by the City of Eagle on May 4, 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 June 19, 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, and June 27, 2006. The site was posted in accordance with the Eagle City Code on June 21, 2006. Requests for agencies' reviews were transmitted on May 8, 2006, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On December 17, 1969, the Ada County Planning and Zoning Commission approved a Conditional Use Permit for a golf course (PC-69-40-CU). On October 28, 1970, the Ada County Commission approved a zone change from a Rural District (D-l) to a Single Family Residential (R-I) and a Conditional Use Permit for a Page 1 of 27 K:IPlanning OeptlEaglc ApplicaliollslSLJBSl2006\Eagle lIills PLJO pzfdoc planned development, including a golf course and surrounding Urban Single Family Residences, condominiums, townhouses, and garden apartments. On August 26, 1971, the Ada County Planning and Zoning Commission approved the prelirninary plat approval and conditional use permit for Eagle Hills East Subdivision. On December 18, 1975, the Ada County Planning and Zoning Commission approved the prelirninary plat of Eagle Hills West. On July 2, 1976, CC&R's for Eagle Hills West No. I Subdivision were recorded as Instrurnent No. 76228123 executed by the Declarant, Harved, Inc., by Jerry Brough, president; excluding as a "lot" portions of the plat that are the Eagle Hills Golf Course and the recreational parcels including Lot I, Block 1, which was reserved for future construction of recreational facilities. On September 8, 1992, the Eagle City Council approved a three (3) lot subdivision Eagle Hills No.5 are-subdivision of LotI, Block I, of Eagle Hills Subdivision No.1. E. COMPANION APPLICATIONS: CU-07-06 (Conditional Use Permit for a height exception of 38 foot high for a residential condominium building). F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA nON DESIGNA TION Existing Public/Serni-Public R-4 (Residential) Eagle Hills Golf Course Hole No.2 Proposed No Change No Change One condominium building consisting of 20 residential units North of site Residential Four (up to four R-4 (Residential) Hole No.3 and single- dwelling units per acre) and family dwellings (Eagle Public/Semi-Public Hills West Subdivision) South of site Mixed Use A (Agricultural) Vacant land East of site Residential Four (up to four R-4 (Residential) Single-family dwellings dwelling units per acre) (Eagle Hills West Subdivision) West of site Residential Four (up to four R-4 (Residential) Single-family dwellings dwelling units per acre) (Eagle Ranch Subdivision) G. SITE DATA: Total Acreage of Site - 13.34 Total Number of Lots - I Residential - 1 Commercial - 0 Cornmon - 0 Page 2 of 27 K:IPlanning DeptlEagle ApplicationslSUBSI20061Eagle Hills PUD pzrdoc Total Number of Units - 20 Condominium Units - 20 Single-farnily - 0 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 Additional Site Data Proposed Required Dwelling Units Per Acre 1.49* 4-units per acre (maximum) Minimum Lot Size 13.34-acres 8,000 sq. ft. (minimum) in the R-4 zoning district Minimum Lot Width 127-feet 70-feet Minimum Street Frontage 326-feet 35-feet (in residential zoning districts) Total Acreage of 12.06-acres* 1.34 -acres (minimum) Common Lots Percent of Site as 90% 15% (minimum for multi-family developments) Common Area * Note: Density and open space is based on the entire 13.34-acre parcel including all of the open space and golf course Hole No.2 and Hole No.3 minus the condominium unit, access driveway, grasspave emergency drive and guest parking area. H. GENERAL SITE DESIGN FEATURES: Open Space, Greenbelt Areas and Landscape Screening: The applicant is proposing to construct a twenty (20) unit residential condominium unit on Eagle Hill Golf Course Hole No.2. All area outside of the condominiurn unit excluding the area of the access driveway, the grasspave emergency entrance and guest parking area, is proposed by the applicant to be considered open space. The site (Hole No.2) will be redesigned and landscaped as a par 3 golf hole. The applicant is utilizing the area of Hole No.2 and Hole No.3 of Eagle Hills Golf Course as the open space for the condominium project. Storm Drainage and Flood Control: Street drainage plans shall be 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&Rs 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 easernent, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire Department. Page 3 of 27 K:IPlanning DeptlEagle AppliealionslSUBSl2006\Eaglc Hills PUD pzrdoe On-site Septic System (yes or no) ~ Not allowed Preservation of Existing Natural Features: Eagle City Code Section 9-3-S (B) states that existing natural features which add value to residential developrnent 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 site currently has mature trees located adjacent to the fairway and a hillside in the general vicinity of where the proposed condominium is to be constructed. 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: Private or Public Streets: Private The applicant is proposing to construct a private street (Private Drive) extending from Winged Foot Place approximately SOO' west to serve the residential condominium located within the site. The roadway is proposed to be constructed as a 24-foot street section with a 5-foot wide concrete sidewalk attached to the north side of the drive. The sidewalk will also be used by the golf course as the cart path for Hole No.2. A 5-foot wide vegetated swale with no sidewalk is proposed on the south side of the private drive. Applicant's Justification for Private Streets: See applicant's justification letter date stamped by the City on May S, 2004 (attached). Blocks Less Than 500': None Cul-de-Sac Design: None Sidewalks, Curbs and Gutters: A 5-foot wide concrete attached sidewalk is proposed on the north side of the private drive. The sidewalk will also be used by the golf course as the cart path for Hole No.2. A 5-foot wide vegetated swale with no sidewalk is proposed on the south side of the private drive. Lighting: Lighting for the proposed private street is required. If approved, location and lighting specifications shall be provided to the City Zoning Administrator prior to approval of the final development plan. Street Names: Street narne approval by the Ada County Street Name Committee has not been received to date. Approval frorn that committee is required prior to final plat approval. 1. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: The City of Eagle Transportation/Pathway Network Map indicates a multi-use path along the southern border of the property adjacent to Dry Creek Canal (at the toe of the slope on the south side of the bluff). The proposal does not show this path due to the fact it is not contained within the property boundaries. K. PUBLIC USES PROPOSED: None Page 4 of 27 K:IPlanning DeptlEagle Apphcations\SUBS\2006\Eagle Hills PUD pzf.doc L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists M. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - yes-steep slope at southern boundary Evidence of Erosion - none currently shown Fish Habitat - none Floodplain - no Mature Trees - Yes, see landscape plan Riparian Vegetation - no Steep Slopes - yes, see engineer report (attached) Stream/Creek: no Unique Anirnal Life - no Unique Plant Life - no Unstable Soils - unknown - Hillside Developrnent will be required (see attached engineer report ) Wildlife Habitat - none known N. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): If the application is approved an Environmental Assessment Plan will be required. A Hillside Development application will also be required prior to approval of a final development plan. O. 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 23, 2006, are of special concern. Ada County Highway District Central District Health Department Chevron Pipeline Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Power P. LETTERS FROM THE PUBLIC (all correspondence is attached to the staff report): Petition with 171 signatures, date stamped by the City on June 16, 2006. The following correspondences were submmed by individuals in the area of the proposed development. Staff has indicated what the main concerns were in each correspondence: Debra Helton - Protect open space, integrity of the Comprehensive Plan, and character of the surrounding community Donald L. Barklow - increase traffic, water issues, and precedent for other holes Debra L. Helton - replicating the Augusta Golf Course Hole No. 12 is not legal Don & Crane Johnson - not in character with area and precedent for other holes James & Kathy Mumford - not in character with the area, increase traffic, height issues Debra L. Helton - not in character with the area, height issues, where will kids play Dale & Irena Fackler - impact to residents, increased traffic, loss of views Stu & Mary Hall - irnpact to residents, increase traffic, loss of views, water issues Darell R. Tschacher - revarnp will improve the course, support deed restrictions for future Page 5 of 27 K:\Planlling Dept\Eagle Applicatiolls\SUBS\2006\Eagle Hills PUD pzf.doc Jack & Cathy Learned - too much traffic, ruin views Ron & Nancy Viano - support if deed restrictions prohibit any future development Robert D. Helton - building not in scale, concerns with private drive, hole fine, ruin views Peter Langley - change quality of life, building out of scale, water issues, reduce values Bill Bolen - building out of scale, water issues, increase traffic, reduce values, poor access Gregg Fisher - poor access, building out of scale, water issues, drainage concerns George Neumayer - use not compatible, hole fine, increase traffic, change character of area Conrad Aiken - change character of area Tony & Darcy Blazek - increase traffic, ruin views, water issues, not compatible Covey & Constance Ruye - increase traffic, not compatible, precedent for other holes Tom Tracy - not in character with area, precedent for other holes, loss of views, traffic Sue Tracy - increase traffic, take away open space, loss of views, precedent for other holes Richard and Julie Wambolt - impact of traffic and noise, water issues, loss of views Marie Fodrea - increase traffic, impact neighborhood, will have private drive in back yard Don Parker - precedent for other holes, reduce values, increase traffic, water issues Bill & Virginia Coburn - drainage concerns, loss of views, reduce size of hole Donald Fodrea - increase traffic, changes character of area, precedent for other holes Mary Folger - building out of scale, concerns of unstable soil, loss of views, increase traffic Doug & Viktoria Pennington - drainage concerns, increase traffic, loss of views, reduce size of hole Glen & Marlene Raber - precedent for other holes David & Susan Hooley - precedent for other holes, change character of area Nancy Newton - change character of the neighborhood Robert Klamt - loss of open space and views Chadwick E. Richey - will have private dnve in back yard, increase traffic Gary & Linda D'Orazio - will have private drive in back yard, increase traffic, water issues John P. Meyers - change character of the area, loss of open space Don & Sylvia Wirth - change character of the area, increase traffic Travis McNair - loss of open space and view, increase traffic, change character of area Phyllis Mackey - Concerns with the fairway to narrow, hazardous driveway, reduced property values, dangerous entry to driveway, and the density is too high. Loretta Sherrets - Concerns with increase traffic and will change the atmosphere of the neighborhood. Mary Folger - Concerns with soil conditions (stability). Tony B1azck - Concern with water pressure issues. Chad Richey - Concerns with traffic impacting his horne next to the proposed condorninium unit. Travis McNair - Concerns with property values, property rights and no benefit to neighboring properties. Stephen J. Lord, Attorney at Law - concerns with the application not complying with the Cornprehensive Plan regarding land use, Zoning Ordinance for height exception and whether it is harmonious with the existing neighborhood and the Subdivision Ordinance regarding private roads and cul-de-sacs. Robert Helton (2) - Providing photos of site and listing additional concerns with the height of the building, maintenance of the private road and landscaping. Q. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant states in the narratIve that the development is proposed to develop in one phase, with exact timing and sequencing to be determined by construction time lines and market conditions. Page 6 of 27 K:IPlanning DeptlEaglc ApplicationslSUBSl2006\Eagle Hills PUD pzfdoc R. 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 tratlic, noise, smoke, fumes, glare or odors. 5. That the developrnent will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the developrnent will not create excessive additional requirements at public cost for public facilities and services. 7. That the developrnent 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 //lore 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. Page 7 of 27 K:IPlanning DeptlEaglc AppllcatiollslSUBSI20061Eagle 1I111s PUD pzfdoc 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 developrnent has been provided by the developer. For a request of up to 10% orthe gross land area to be directed to uses other than residential (i.e.; commercial, industrial, public and quasi public uses that are not allowed in the land use district): 17. That the uses are appropriate with the residential uses. 18. That the uses will serve principally the residents of the PUD. 19. That the uses are planned to be an integral part of the PUD. 20. That the uses located and designed to provide direct access to a collector or arterial street. 21. That the proposed street connections will not create congestion or traffic hazards. In cases where an increase in residential density of up to 15% of the allowable number of dwelling units is requested: 22. LANDSCAPING - For up to 5% That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of existing landscape, pedestrian way treatment, and recreational areas, incorporated into this developrnent, 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 environrnent, variation in building setbacks, and budding 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. ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. 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 Public/Semi-Public: Suitable primarily for the development of such uses as golf courses, parks, recreation facilities, greenways, schools, cemeteries, and public service facilities such as government offices. Support activities may also be permitted. All development within this land use is encouraged to be designed to accommodate the different needs, interests, and age levels of residents in matters concerning both recreation and civil activities. The public/semi public land use designation is not a residential land use designation. When a project or development is designed that contams or is adjacent to land holding a Page 8 of 27 K:IPlanning DeptlEagle ApplicationslSUBSl20061Eagle Hills PUD pzfdoc public/serni public land use this land will not be included when calculating the allowable residential density. Projects that hold a residential designation that want to provide amenities similar to those allowed in the public/serni public designation may transfer density within the development only when using the standards established in the Planned Unit Developrnent as defined in the comprehensive plan. Chapter I - Overview 1.1 City of Eagle Statement of Purpose The purpose of the Eagle Comprehensive Plan is to promote the health, safety, and general welfare of the people of the City of Eagle and its Impact Area as follows: a. To protect property rights and enhance property values. 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 of land IS commensurate with the physical characteristics of the land. h. To protect life and property in areas subject to natural hazards and disasters. 1.3 The City of Eagle Vision Statement e. an environmentally aware community with distinctive open space, parks and outdoor recreation; Chapter 3 - Population 3.3 Goal To promote a high quality of life and livability in the community. Chapter 4 - Schools, Public Services, and Utilities 4.1 Background Public utilities, facilities, and services are necessary for the overall welfare of the public and are generally available to Eagle residents. The City and special districts provide the basic services of water, sewer, school, police, fire and library to residents. With Eagle's growing population comes the need for increased public services and the necessity to improve existing service delivery systems. Policies concerning the manner in which public utilities and services are expanded plays an irnportant role in the location and intensity of future housing, commercial and industrial developrnent. 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: . United Water, Eagle Water Company, and the City provide water to Eagle residents. Sorne private water systems and wells are also used. The Eagle Fire District provides fire and emergency services. . Page 9 of 27 K:IPlanning DeptlEaglc ApplicationslSUBSl2006\Eagle Hills PUD pzf.doc Chapter 6 - Land Use Eagle City Zoning Compatibility Matrix' City Zon.. Central Business Business park2 Industrial Public/Semi Public Eanle Island' AGricultural-IAt X Aoricultural Residential (A-Rl Residential Estate (R-El Residential Districts R-1 R-2 R-3 R-4 R-5 R-6 to R-25 Limited Office IL-Ol X Commercial Aireort (C-At X NeTnhborhood Business (C-1) General Business IC-21 Hlnhwav Business (C-3) Central Business ICBO) X liaht Industrial IM-1) X Buisness Park-IBPt X X Heavv Industrial IM-2\ X X Extractive Industrial (M-3) X Public/Semi-Public IPS\ X Mixed Use IMUI County Zon.. Rural Preservation X RUT Standard X X X X RUT Cluste7 Estate Residential IR11 Low Densitv residential {R21 Medium Low Densitv Residential iR41 Medium Densitv Residential (R6) Medium HTnh Densitv Residential IRSt Hiah Densitv Residential (R 12) Very High Density Residential (R20) Table 6-1 NOTE 1: See Land Use policies for further clarification of these uses 2: May require annexation prior to developm ent 3: Prohibited under Title 8 of ACe 4: May develop in the R1 zone with development agreement requiring lots to be a minimum of 1.8 acres. If municipal services are not avalible alternative sewer treatment may be allowed jf approved by the Central Disrticl Health Department 6.6 Objectives a. 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. c. Provide for a broad spectrum of housing types including apartments, townhouses, condominiurns, single family attached, manufactured hornes, affordable and subsidized housing and large acreage developments. Page 10 of27 K:IPlanning DeptlEagle AppticationslSUBSl20061Eagle Hills PUD pzf.doc Chapter 8 - Transportation 8.6 Implementation Strategies 1. Encourage street lighting to increase roadway and neighborhood safety while preserving a rural environment free of any unnecessary lighting. p. Encourage sidewalks that are separated from the curb on all streets, except for areas where Eagle City Code requires sidewalks to abut the curb and where existing buildings, inordinate environmental irnpacts, or other impacts make setting the sidewalk back infeasible. Meandering sidewalks should be required where space permits. A planter strip of sufficient width for street trees between the sidewalk and roadway should be required to provide a canopy effect over the roadways. The type of street trees used should be those which have root systerns that have proven to not cause sidewalk or curb damage when in close proximity to such improvements. Chapter 9 - Parks, Recreation and Open Spaces 9.5 Pathways and Greenbelts Pathways are nonmotorized multi-use paths that are separate features from bicycle and pedestrian lanes constructed as a part of a roadway. 9.5.1 Goal To create a pathway systern that provides interconnectivity of schools, neighborhoods, public buildings, businesses, and parks and special sites. 9.6 Open Space Open space is land which is not used for buildings or structures and offers opportunities for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism, leisure activities, viewpoints, and wildlife habitat. 9.6.1 Goal To provide wherever possible open space and natural features such as natural river frontage, greenbelts, river trails and pathways, creeks, flood plains and flood ways, drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and viewpoints for public use and enjoyment. 9.6.2 Objectives a. To establish open space to protect the finite resource base of Eagle's natural environment - air, ground water, surface water, soil, forested areas, plant and wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and wetlands. b. To provide an open space setting for active and passive recreation for all age groups throughout the community. c. To protect against hazards that are inherent to flood plains, flood ways, steep slopes, and areas of geological instability. Chapter 11 - Special Areas and Sites 11.4 Implementation Strategies a. Protect and improve natural and rnan-made waterways. Page 11 of27 K:IPlanning DeptlEagle ApphcationslSUBS\2006lEagle Hills PUD pzedoc Chapter 12 - Community Design 12.2 Goal Strive to create an aesthetically pleasing community and protect the unique natural beauty and small town character of the City. 12.4 Implementation Strategies k. Encourage the preservation of natural resources such as creeks, drainages, steep slopes and ridge lines as visual amenities. I. Encourage the development of pathways and open-space corridors throughout the City. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 8-1-2 OPEN SPACE: A common area platted as a separate lot, provided within a recorded easement, or dedicated to and accepted by the City. The area shall be substantially open to the sky, exclusive of streets, buildings and other covered structures, and shall be designated and intended as a useable and convenient amenity to any proposed development. Wetland areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a part of the minimum-area of open space required. . ECC Section 8-1-2 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 8-1-2 PRIVATE ROAD: A road, street, alley, or bridge that is not laid out or established by the state of Idaho or a subdivision of the state or dedicated to the state or a subdivision of the state and accepted by such entity or used by the public for a period of not less than five (5) years and worked and kept up by, at the expense of, the public during that period oftirne. . ECC Section 8-1-2 STREETS: A right of way which provides vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted. The term "street" also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, lane, place or other such terms. E. Private Street: A street that is not accepted for public use or maintenance which provides vehicular and pedestrian access. . ECC Section 8-2-1 DISTRICTS ESTABLISHED, PURPOSES AND RESTRICTIONS: The following zoning districts are hereby established. For the interpretation of this title the zoning districts have been formulated to realize the general purposes as set forth in this title. In addition, the specific purpose of each zoning district shall be as follows: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Density in an R district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Multi-family units/developments are prohibited in R-I, R-2, R-3, R-4 and R-5 zoning Page 12 of27 K:IPlanning DepllEagle ApplicationslSUBSI20061Eagle Hills PUD pzrdoc districts. Centralized water and sewer facilities are required for all subdivision and lot split applications submitted after the effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R-E). P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., R-4-P), indicates that the developrnent was approved by the city as a planned unit development. Density transfers may have been permitted as a part of the overall development. . ECC Section 8-2-4 SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS: Zoning Maximum IFffiOtIIRM'I'O,"'iOC Street Maximum Minimum Lot Minimum District Height Side Side Lot Area (Acres Or Lot Covered Sq. Ft.) G And Width I" H* IR-4 1135' 1~~17.5' 11~140% 118,000 1170' I . ECC Section 8-3-3 (E&F) SUPPLEMENTAL YARD AND HEIGHT REGULATIONS: In addition to all yard regulations specified in section 8-2-4 of thiS title, and in other sections of this title, the following provisions shall be adhered to: E. Exceptions To Height Regulations: The height limitations contained in section 8-2-4 of this title do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy, except where the height of such structures will constitute a hazard to the safe landing and takeoff of aircraft at an established airport. F. Maximum Units Per Lot: Any buildable lot conforming to this title, with a zoning designation of A, A-R, R-E, R-l, R-2, R-3, R-4 or R-5, shall be permitted a maximum of one single-farnily dwelling unit per lot. Additional dwelling units shall not be permitted within the above mentioned zoning designations unless specifically permitted elsewhere within this title. Multi-family units/developments are prohibited in the above mentioned zoning designations. . ECC Section 8-2A-l DESIGN REVIEW OVERLA Y DISTRICT GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi-family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed frorn time to tirne by the city council. Page 13 of 27 K:IPlanning DepllEagle ApplicationslSUBSI20061Eagle Hills PUD pzf.doc . ECC Section 8-4-2 (A)OFF STREET PARKING AND LOADING - APPLICATION OF PROVISIONS: A. No building or structure shall be erected, substantially altered, or its use changed unless permanently rnaintained off street parking and loading spaces have been provided in accordance with the provisions of this title. . ECC Section 8-4-3 (A-C) DESIGN AND MAINTENANCE: A. Paving: The required number of parking and loading spaces as set forth in this chapter, together with driveways, aIsles and other circulation areas, shall be improved with material such as asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt surfaces shall not be permitted. B. Drainage: All parking and loading areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. Drainage plans shall be reviewed and approved by the city engineer and, for any site abutting a public street, such plans shall be reviewed and approved by the Ada County highway district, or highway district having jurisdiction. C. Access: Access driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such area shall be clearly visible by a pedestrian or rnotorist approaching the access or driveway frorn a public or private street. . ECC Section 8-6-1: PURPOSE "PLANNED UNIT DEVELOPMENTS": It shall be the policy to guide a major development of land and construction by encouraging planned unit development (PUD) to achieve the following: A. A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements; B. A rnore 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 developrnent 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 developrnent pattern in harmony with land use density, transportation and community facilities objectives of the Comprehensive Plan. . ECC Section 8-6-4 (D) USES PERMITTED: All uses that may be allowed within the land use district are permitted within a PUD. Also, up to ten percent (10%) of the gross land area may be directed to other commercial, industrial, public and quasi-public uses that are not allowed within the land use district; provided, that there is a favorable finding by the council: D. That the uses be located and so designed as to provide direct access to a collector or an arterial street without creating congestion or traffic hazards; Page 14 of27 K:IPlanning DeptlEagk AppllcationsISUBS\2006\Eagle Hills PUD pzrdoc . ECC Section 8-6-5-2 (A-C) DEDICATION OF LAND FOR PUBLIC USE: A. Required Common Open Space: A minimum often percent (10%) of the gross land area developed in any residential PUD project shall be reserved for common open space and recreational facilities for the residents or users of the area being developed. B. Dedication Of Land For Public Use: A required arnount of common open space land reserved under a PUD shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or be dedicated to the public and retained as common open space for parks, recreation and related uses. Public utility and similar easements and right of way for watercourses and other similar channels are not acceptable for common open space dedication unless such land or right of way is usable as a trail or other similar purpose and approved by the council. C. Maintenance: The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan. . ECC Section 8-6-5-3 UNDERGROUND UTILITIES: Underground utilities, including telephone and electrical systems, are required within the limits of all PUDs. Appurtenances to these systems which can be effect! vely screened may be exempted from this requirernent if the commisslOn finds that such exemption will not violate the intent or character of the proposed PUD. . ECC Section 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES: The commission/council shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: A. Will, in fact, constitute a conditional use as established in section 8-2-3 of this title for the zoning district involved; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan and/or this title; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; D. Will not be hazardous or disturbing to existing or future neighboring uses; E. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services; F. Will not create excessive additional requirernents at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrirnental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, furnes, glare or odors; Page 15 of27 K:IPlanning DeptlEagle ApplicationslSUBS\2006lEagle Hills PUD pzf.doc H. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and 1. Will not result in the destruction, loss or darnage of a natural, scenic or historic feature of major importance. . ECC Section 8-7-3-5 (D&F): 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 lirnited to, those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of developrnent; 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. F. Effect Of Issuance On Other Conditional Uses: A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 9-1-3 GENERAL SUBDIVISION PROVISIONS-PURPOSE The purpose of these regulations is to promote the public health, safety and general welfare, and to provide for: A. The harmonious development of the city and its area of impact; B. The coordination of streets and roads within a subdivision with other existing or planned streets and roads; D. Adequate transportation, water drainage and sanitary facilities; F. The requirements as to the extent and the manner in which: 1. Roads shall be created, improved and maintained; and 2. Water and sewer and other utility mains, piping connection, or other facilities shall be installed; . ECC Section 9-1-6 CONDOMINIUM: An estate consisting of an undivided interest in comrnon in real property, in an interest or interests in real property, or in any combination thereof; together with a separate interest in real property, in an interest or interests in real property or in any combination thereof. . ECC Section 9-1-6 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. . ECC Section 9-1-6 OPEN SPACE: A common area platted as a separate lot, or an area dedicated to and accepted by the city, substantially open to the sky, exclusive of streets, buildings and other covered structures. Page 16 of 27 K:\Planning Dept\Eagle ApplicationsISUBS\2006\Eagle Hills PUD pzf.doc . ECC Section 9-1-6 PLANNED UNIT DEVELOPMENT: A subdivision designed as a combination of residential, commercial and industrial uses or any cornbination 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 9-1-6 PRIVATE STREET: A right of way which provides access to adjacent properties under separate ownership and which is not dedicated to or officially accepted by a public entity, but not including a driveway as defined in subsection 9-3-2-1J of this title. . ECC Section 9-1-6 RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which normally includcs streets, sidewalks and other public utilities or service areas. . ECC Section 9-1-6 STREET: A right of way which provides access to adjacent properties, the dedication of which has been officially accepted. The term "street" also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, lane, place and other such terms. . ECC Section 9-3-1 DESIGN STANDARDS - MINIMUM STANDARDS REQUIRED All plats submitted pursuant to the provisions of this title, and all subdivisions, improvements and facilities done, constructed or made in accordance with said provisions shall comply with the minimum design standards set forth in this chapter; provided, however, that any higher standards adopted by any highway district, the Idaho transportation department or health agency shall prevail over those set forth herein. . ECC Section 9-3-2-1 (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 minirnum radius of fifty feet (50') of right of way with the following exceptions: 1. Alternative types of turnarounds for cul-de-sacs which will provide access to less than thirteen (13) dwelling units rnay be permitted by the city if approved by the fire department and the highway district having jurisdiction. 2. In zoning districts which prohibit densities greater than one dwelling unit per two (2) acres, cul-de-sac streets up to a maximurn of one thousand five hundred feet (1,500') in length may be permitted by the city if approved by the fire department and the highway district having jurisdiction. No more than twenty (20) dwelling units shall be permitted on said cul-de-sac. 3. In zoning districts which prohibit densities greater than one dwelling unit per five (5) acres, cul-de-sac streets up to a maximum of two thousand eight hundred feet (2,800') in length may be permitted by the city if approved by the fire department and the highway district having jurisdiction. No more than twenty (20) dwelling units shall be permitted on said cul-de-sac. . ECC Section 9-3-2-5 PRIVATE STREETS: From the effective date hereof, private streets shall not be permitted. It is not the intent of this code to preclude the development of alternate public street designs and right of way Page 17 of27 K:IPlanning DeptlEagle Applications\SUBS\2006\Eagle Hills PUD pzfdoc widths as may be approved by the highway district having jurisdiction and the city of Eagle. (Ord. 443, 11-11-2003) . ECC Section 9-3-3 PEDESTRIAN W ALKW A YS: Right of way for pedestrian walkways in the rniddle oflong blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas. The pedestrian easement shall be at least ten feet (10') wide. . 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 drainage way easements shall be provided as required by the city council. C. All natural drainage courses shall be left undisturbed or be irnproved in a manner which will improve the hydraulics and ease of maintenance of the channel. . ECC Section 9-3-8 (B) NATURAL FEATURES: Existing natural features which add value to residential developrnent and enhance the attractiveness of the cornmunity (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. . 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 9-4-1-2 STREETS AND ALLEYS: All streets and alleys shall be constructed in accordance with the standards and specifications adopted by the Ada County highway district. . ECC Section 9-4-1-5 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 "adrninistrator"). 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 (A&D) PEDESTRIAN/BY CYCLE P A THW A Y AND SIDEWALK REGULA TIONS: 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 cornmon destinations such as schools, parks, shopping centers, etc. The following factors will be considered in the placernent of any pathway: the utility and need for a given pathway, irnpacts to existing neighborhoods, compliance with the transportation/pathway network maps within the cornprehensive plan, pathway design as it relates to both crime prevention and function, and the responsibilities of ownership, maintenance, and liability. Page 18 of27 K:IPlanning DeptlEagle ApplicationslSUBSl21106:Eagle Hills PUD pzf.doc 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 frorn 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. . ECC Section 9-4-1-9: WATER SUPPLY AND SEWER SYSTEMS: 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. . ECC Section 9-5-1 SPECIAL DEVELOPMENT SUBDIVISIONS-PURPOSE AND SUMMARY OF PROVISIONS: The purpose of this chapter is to identify various types of developments that normally pose special concerns to the elected officials when reviewing and acting upon subdivision requests. This chapter outlines the plan submittal requirements and design standards that shall be taken into consideration when acting on special developments. . ECC Section 9-5-2 SUPPLEMENTARY PROVISIONS: The provisions of this chapter are in addition to the plan requirements, design standards and improvement standards that are required by chapters 2, 3, and 4 of this title. . ECC Section 9-5-3-1 PRESERVATION OF NATURAL FEATURES: In order to preserve, retain, enhance and promote the existing and future appearance, natural topographic features, qualities and resources of hillsides, special consideration shall be given to the following: A. Skyline and ridge tops; B. Rolling grassy land forms, including knolls, ridges and meadows; . ECC Section 9-5-3-2 DEVELOPMENT EVALUATION: A. All development proposals shall take into account and shall be judged by the way in which land use planning, soil mechanics, engineering geology, hydrology, civil engineering, environmental and civil design, architectural and landscape design are applied in hillside areas, including, but not limited to: 1. Planning on developrnent to fit the topography, soils, geology, hydrology and other conditions existing on the proposed site; 2. Orientation of development on the site so that grading and other site preparation is kept to an absolute minimum; 3. Shaping of essential grading to blend with natural land forms and to minimize the necessity of padding and/or terracing of building sites; 4. Division of large tracts into smaller workable units on which construction can be completed within one construction season so that large areas are not left bare and exposed during the winter-spring runoff period; 5. Completion of paving as rapidly as possible after grading; 6. Allocation of areas not well suited for development because of soil, geology or hydrology limitations for open space and recreation uses; Page 19 of27 K:IPlanning DeptlEagle Applieations\SUBS\2006\Eagle Hills PUD pzedoe 7. Minirnizing and disruption of existing plant and animal life; and 8. Consideration of the view frorn and of the hills. B. Areas having soil, geology or hydrology hazards shall not be developed unless it is shown that: I. Their limitations can be overcome; 2. That hazard to life or property will not exist; 3. That the safety, use or stability of a public way or drainage channel is not jeopardized; and 4. That the natural environment is not subjected to undue impact. . ECC Section 9-5-3-3 ENGINEERING PLANS: The developer shall retain a professional engineer(s) to obtain the following information: A. Soils Report: For any proposed hillside development a soils engineering report shall be subrnitted with the preliminary plat. This report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures and opinions and recommendations covering the adequacy of sites to be developed. B. Geology Report: For any proposed hillside development a geology report shall be submitted with the preliminary plat. This report shall include an adequate description of site geology and an evaluation of the relationship between the proposed development and the underlying geology and recommendations for remedial remedies. The investigation and subsequent report shall be completed by a professional geologist registered in the state of Idaho. C. Hydrology Report: For any proposed hillside developrnent a hydrology report shall be submitted with the preliminary plat. This report shall include an adequate description of the hydrology, conclusions and recommendations regarding the effect of hydrologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed. . ECC Section 9-5-3-4 GRADlNG PLANS: A. Preliminary Grading Plan: A preliminary grading plan shall be submitted with each hillside preliminary plat proposal and shall include the following information: I. Approximate limiting dimensions, evaluations or finish contours to be achieved by the grading, including all cut and fill slopes, proposed drainage channels and related construction; 2. Prelirninary plans and approximate locations of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs and other protective devices to be constructed; and 3. A description of methods to be employed in disposing of soil and other material that is removed from the grading site, including the location of the disposal site. B. Final Grading Plan: A final grading plan shall be submitted with each final plat and shall include the following information: 1. Limiting dirnensions, evaluations or finish contours to be achieved by the grading including all proposed cut and fill slopes and proposed drainage channels and related construction; Page 20 of 27 K:IPlanning DepllEagle ApplicationslSUBSl2006\Eagk lIills PUD pzfdoc 2. Detailed plans and locations of all surface and subsurface drainage devices, walls, darns, sedirnent basins, storage reserVOlrs and other protective devices to be constructed; and 3. A schedule showing when each stage of the project will be completed, including the total area of soil surface which is to be disturbed during each stage together with estimated starting and completion dates. In no event shall the existing natural vegetative ground cover be destroyed, removed or disturbed more than fifteen (15) days prior to grading. . ECC Section 9-5-3-5 DEVELOPMENT STANDARDS: A. Soils: I. Fill areas shall be prepared by removing organic material such as vegetation and rubbish, and any other material which is determined by the soils engineer to be detrimental to proper compaction or otherwise not conducive to stability. No rock or similar irreducible material with a maximum dimension greater than eight inches (8") shall be used as fill material in fills that are intended to provide structural strength. 2. Fills shall be compacted to at least ninety five percent (95%) of maximum density, as determined by AASHOT99 and ASTM D698. 3. Cut slopes shall be no steeper than two (2) horizontal to one vertical. Subsurface drainage shall be provided as necessary for stability. 4. Fill slopes shall be no steeper than two (2) horizontal to one vertical and shall not be located on natural slopes two to one (2: 1) or steeper, or where fill slopes toes out within twelve feet (12') horizontally of the top of an existing or planned cut slope. 5. Tops and toes of cut and fill slopes shall be set back from property boundaries a distance of three feet (3') plus one-fifth (liS) of the height of the cut or fill but need not exceed a horizontal distance of ten feet (10'). Tops and toes of cut and fill slopes shall be set back from structures a distance of six feet (6') plus one-fifth (1/5) the height of the cut or fill, but need not exceed ten feet ( 10'). 6. The maximum horizontal distance of disturbed soil surfaces shall not exceed seventy five feet (75'). C. Driveways And Parkings: Cornbinations of collective private driveways, cluster parking areas and on street parallel parking bays shall be used to attempt to optimize the objectives of minimum soil disturbance, minimurn impervious cover, excellence of design and aesthetic sensitivity. . ECC Section 9-5-3-6 VEGETATION AND REVEGETATION: A. The developer shall submit a slope stabilization and revegetation plan which shall include a complete description of the existing vegetation, the vegetation to be removed and the method of disposal, the vegetation to be planted and slope stabilization measures to be installed. The plan shall include an analysis of the environmental effects of such operations, including the effects on slope stability, soil erosion, water quality and fish and wildlife. B. Vegetation sufficient to stabilize the soil shall be established on all disturbed areas as each stage of grading is completed. Areas not contained within lot boundaries shall be protected with perennial vegetal cover after all construction is completed. Efforts shall be made to plant those species that tend to recover from fire damage and do not contribute to a rapid rate of fire spread. Page 21 of27 K:IPlanning DeptlEagle ApplicationslSUBSI20061Eagle Hills PUD pzf.doc C. The developer shall be fully responsible for any destruction of native vegetation proposed for retention. He shall carry the responsibility both for his own employees and for all subcontractors from the first day of construction until the notice of completion is filed. The developer shall be responsible for replacing such destroyed vegetation. . ECC Section 9-5-3-7 MAINTENANCE REQUIRED: The owner of any private property on which grading or other work has been performed pursuant to a grading plan approved or a building permit granted under the provisions of this title shall continuously maintain and repair all graded surfaces and erosion prevention devices, retaining walls, drainage structures or means, and other protective devices, plantings and ground cover installed or completed. . ECC Section 9-5-4-3 (C-E) PLANNED UNIT AND CONDOMINIUM SUBDlVISIONS- SITE AND STRUCTURE REQUIREMENTS: 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 rnay be reduced by the city council if there is a showing that the needs of a particular development are less. D. Parking Spaces: One additional parking space beyond that which is required by title 8 (zoning) of this code may be required for every three (3) dwelling units to accommodate visitor parking. 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. . ECC Section 9-5-8 SUBDIVISION WITHIN AN AREA OF CRITICAL CONCERN: A. Designation Of Areas Of Critical Concern: Hazardous or unique areas may be designated as an area of critical concern by the city councilor by the state of Idaho. Special consideration shall be given to any proposed development within an area of critical concern to assure that the development is necessary and desirable and in the public interest in view of the existing unique conditions. Hazardous or unique areas that may be designated as areas of critical concern are as follows: 2. Unstable soils; 8. Center city; B. Environmental Assessment Plan: The developer shall prepare and submit an environmental assessment along with the preliminary plat application for any development that is proposed within an area of critical concern. The content of the environmental assessment shall be prepared by an interdisciplinary tearn of professionals that shall provide answers to the following questions: 1. What changes will occur to the area of environmental concern as a result of the proposed development? 2. What corrective action or alternative development plans could occur so as not to significantly change the area of environmental concern? 3. What changes in the area of environmental concern are unavoidable? 4. What beneficial or detrimental effect would the development have on the environrnent including, but not limited to, animal life, plant life, social concerns, economic, noise, visual, available farm land and other? Page 22 of 27 K:IPlanning OeptlEagle ApplicalionslSUllSl2006'Eagle Hills PUO pzrdoc D. DISCUSSION: . The 2000 City of Eagle Comprehensive Plan Land Use Map designates this site as Public/Semi- Public. The site is currently zoned R-4 (Residential-Four units per acre maximum). The Pubic/Semi-Public land use designation is not a residential land use designation. Although this area is currently zoned R-4 (Residential) the Comprehensive Plan goes on to state that this land will not be included when calculating allowable residential density. The Eagle City Zoning Compatibility Matrix found in Chapter 6 (Table 6-1) does not show that an R-4 zoning designation is compatible with the Public/Serni-Public land use designation so it is questionable as to whether or not this property should be allowed to be developed with residential development. When the property was annexed by the City of Eagle a residential zoning designation was given to the golf course and the surrounding subdivisions. The golf course was later given a Public/Semi-Public Comprehensive Plan designation due to the use. The underlying zoning designation of R-4 (Residential) was never changed to correspond with the Comprehensive Plan designation. Normally properties located within the Public/Semi-Public Comprehensive Plan designation would have a PS (Public/Semipublic) zoning designation which does not allow for residential developrnent. . The applicant is proposing a planned unit development to allow for the construction of a single condominium unit housing twenty (20) dwelling units. The proposed condominium is to be located adjacent to a hillside at Eagle Hills Golf Course, Hole No.2. The condominium will gain access utilizing an approximately 800' long driveway to Winged Foot Place located east of the condominium unit. Planned Unit Developments (PUD) allow for a variety of residential uses to be developed in a preplanned environment with more flexible standards. Per Eagle City Code, Section 8-2-1, multi-family dwellings are a prohibited standard use within an R-4 zoning designation, however, condorniniums could possibly be allowed within an R-4 zoning designation utilizing a PUD style of developrnent this allowance is subject to interpretation by the Eagle City Council. The size of the building and the number of units within the one building seems to be too intense of a use considering the single family homes in the irnmediate vicinity of this development. Due to the mass, height, and number of units of the residential condominium this multi-family dwelling may be too intense of a use adjacent to the existing subdivision. . During staff review of this development as proposed it was unclear as to whether or not this development rneets the purpose of the Cornprehensive Plan in relation to the enhancement of property values, the availability of public facilities, and if the development is commensurate with the physical characteristics of the land. In several correspondences received from neighbors in the general vicinity of the proposed development have concerns with a road being constructed on the fairway which is in direct view from their backyards. The neighbors also have concerns regarding the proposed location of the condominium on the edge of the bluff overlooking the City. . The purpose of planned unit developments (as noted within Eagle City Code) is to provide a more useful pattern of open space, a development pattern which preserves natural topography, prevents disruption of natural drainage patterns and provides a more efficient use of land resulting in shorter utilities and streets. The proposed development utilizes an existing public golf course for open space and does not provide additional open space for the use of the residents of the condominium. If the residents wanted to recreate or have a function outdoors they would be in the area of the golf course. With the construction of the residential condominium the natural topography and natural drainage rnay be altered, this will not be determined until a Hillside Developrnent Plan is filed. The location of where the residential condorninium is to be constructed on the property an 800' long driveway will be required to provide access from Winged Foot Place, therefore the location of the residential condominiurn from an existing public street does not Page 23 of27 K:IPlanning DeptlEagle ApplicationslSUBS\2006lEagle Hills PUD pzedoc support the purpose of a planned unit developrnent in regard to providing for shorter utilities and streets. . The applicant is also requesting a separate conditional use permit approval for a height exception for the proposed residential condominium. If approved this condorninium unit will be much higher and larger in mass than all the residences in the immediate vicinity. Therefore the applicant may want to reduce the height, number of units and possibly place the units in more than one building to be rnore harmonious with the existing neighborhood. . Eagle City Code Section 8-2A requires commercial, retail and attached housing (multi-family housing exceeding two units) to comply with the design criteria as set forth in the Eagle Architecture and Site Design Book. If approved, the applicant should be required to submit all building elevations of the condominium to be approved by the Design Review Board and the Eagle City Council prior to approval of a final development plan. . Eagle City Code only permits two residential units to be served by a driveway. The applicant has proposed the residential condominium to be accessed by what they show on the plan has a private drive. Private roads are prohibited by Eagle City Code. Per Eagle City Code cul-de-sacs cannot exceed 500' in length. Due to the proposed driveway being 800' feet in length and the fact it would be providing access to twenty (20) residential units, staff believes the driveway functions as a private road and the following multiple concerns need to be addressed: 1. Eagle City Code does not permit cul-de-sac roads to be longer than 500' in length. 2. The proposed driveway functions as a street and private streets are prohibited per Eagle City Code. 3. The driveway provides access to more than two (2) dwelling units which is not permitted per Eagle City Code. When a driveway is utilized to provide access to condominium units the condominiums are usually located adjacent to the driveway. Due to the length of the driveway before it terminates at the condominium units precedence will be set. 4. The applicant should provide information regarding the operation and maintenance of the driveway. 5. What lighting is proposed for the safety of the residents using the driveway and pathway? 6. The pathway should be detached from the driveway and a separate detached pathway should be provided for use by golf cart traffic. . The applicant is proposing to use the Eagle Hills Golf Course, Hole No.2 and 3 as the open space of the parcel. It should be noted that although Eagle Hills Golf Course is open to the public for a fee, the golf course is a privately owned commercial golf course. As stated within the applicant's justification letter, date stamped by the City on May 8, 2006, the common area of the development will be maintained by the Homeowner's Association. The letter goes on to state within a different section that the golf course, while public in nature, is privately owned and maintained. While the golf course is free frorn structures and buildings it is questionable if it is a useable and convenient amenity for the residents of the condominiums. The applicant should provide a common area for use by the homeowners of the condominium units which is separate from the golf course to allow for alternative forms of recreating and gathering. . Per the Departrnent of Environmental Quality (Boise Regional Office) letter date stamped by the City on May 16, 2006, that due to water quantity and pressure concerns the DEQ will not approve additional projects that receive potable service water from the Eagle Water Company. The Page 24 of 27 K:IPlanning DepllEagle ApplicationslSUllSI20061Eaglc Hills PUD pzfdoc applicant needs to submit letters from the Eagle Water Company and the Department of Environmental Quality (Boise Regional Office) indicating potable water service has been approved to serve the site prior to receiving Final Development Plan approval. . Eagle Fire Departrnent stated in correspondence date stamped by the City on June 8, 2006, that due to the height of the proposed building access will have to be provided capable of accomrnodating fire departrnent aerial apparatus. They also state within the correspondence the access road should be a minirnum of twenty-six feet (26') in width and that the proposed grass pave emergency drive is not an approved surface. The applicant should provide a revised preliminary development plan showing the emergency drive and turnaround area to be constructed of a similar surface as the driveway prior to approval of a final developrnent plan. . In reference to the "General Standards for Conditional Uses" as outlined in Eagle City Code, Section 8-7-3-2 the project must meet the finding that, "the proposed development will have to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the area." Staff believes that with the height and mass of the building, combined with the length of the driveway to be constructed on the Hole NO.2 fairway, that this finding will be difficult to attain. Perhaps a favorable finding might be attained if the driveway was eliminated and a new access was provided from one of the existing cul-de-sacs in close proximity to the condorninium unit and the mass of the building were reduced to be harmonious with the other residences in the general vicinity. . Due to the proposed location in close proximity to the ridge line above the Dry Creek Canal that the residential condominium unit is to be constructed, the applicant will be required to meet the requirements of Eagle City Code for a Hillside Development prior to the issuance of a zoning certificate. The applicant will also be required to provide an EnVironmental Assessment Plan as part of the Hillside Development application. . ECC Section 9-5-4-3 (C) requires that storage areas be provided for the anticipated needs of boats, carnpers, and trailers. The applicant has specified that the storage of boats, campers, and trailers will not be allowed on site. The applicant should provide a copy of the CC&Rs for review which define the proper storage of the boats, campers and trailers will be required to be off-site prior to approval of a final developrnent plan. . ECC Section 9-5-4-3 (E) requires that a rnaintenance 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. The applicant has provided information that the maintenance of the cornmon areas will be contracted to an outside maintenance service company. The applicant should provide a copy of the CC&Rs for review showing provisions which define the guidelines for the contracting of an outside rnaintenance firm for the maintenance of the common areas prior to approval of a final development plan. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the concerns noted as public testimony within the staff report, staff defers recommendation and provides the facts herein for consideration by the Planning and Zoning Commission and City Council. Should the Planning and Zoning Commission and the City Council approve the application staff recommends the following Site Specific Conditions of Approval and Standards Conditions of Approval provided below. Page 25 of 27 K:IPlanning DeptlEagle ApplicationslSUBSl2006\Eagle Hills PUD pzedoc Should the Planning and Zoning Commission and the City Council deny the application staff recommends the reason of denial should be based on: I. Private roads are not allowed 2. The application does not meet the findings that have to be rnade for a Planned Unit Development Preliminary Development Plan and Conditional Use Permit. 3. Multi-family dwellings are not permitted in the R-4 zone. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on July 5, 2006. The Commission continued the item to August 21, 2006, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testirnony in favor of this proposal was presented to the Planning and Zoning Commission by twelve (12) individuals (other than the applicant/representative) who indicated Eagle Hills is an asset to the community and the proposed improvements to Hole No.2 will draw additional golfers to the course and provide econornic benefits to the city. The individuals also indicated that the condominium project and proposed improvements to Hole No.2 will raise the property values of the homes adjacent to Hole No.2. * C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by thirty-eight (38) individuals who expressed the following concerns: Increased traffic and the massive size of the building could result in a negative impact to the neighborhood, the development will reduce open space, allowing development could possibly set a precedence for further development of the golf course, the private street located on the fairway of Hole No.2 will reduce the values of the home adjacent to Hole No.2, the size of the proposed condominium may possibly create a view obstruction and would impact homes adjacent to the site, development will decrease home values adjacent to Holes No. 2 and 3, condominium unit is to close to the toe of the slope, and the soil stability in the area may not support the size of the building proposed. The neighbors also expressed their concerns that the development does not cornply with the Comprehensive Plan or Eagle City Code and that a deed restriction prohibiting development of the golf course does not provide enough protection from future development of the golf course. The neighbors indicated that drainage from the site will need to be addressed and there is currently insufficient public water pressure in the area, therefore adding additional dwelling units to the existing public water system will further decrease water pressure in the area. * * Note: 143 individuals signed the public hearing sign-up sheet (14 in favor, 129 were opposed); only 50 chose to provide oral testirnony. COMMISSION DECISION: The Comrnission voted 4 to 0 (Lien absent) to recommend denial of CU-06-06 and PPUD-03-06 for a conditional use permit and preliminary development plan for a twenty (20) unit residential condominium development for Eagle Hills Golf Course, Inc. The Commission determined that findings could not be rnade to support the rnulti-family project in the proposed location (within an area zoned R-4) since Eagle City Code prohibits multi-family dwellings in the R-4 zone. The Cornrnission also recognized that while it is cornrnon for condominium developments to utilize private access/parking driveways located in close proximity to the units, the approximate 800' length of the proposed access driveway serving this condominiurn unit causes the access driveway to function as a private street. Private streets are Page 26 of 27 K:IPlanning DeptlEagle ApplicationslSUBSl20061Eagle Hills PUD pzfdoc prohibited by Eagle City Code. Even if the private street was converted to a public street, the length of the proposed access driveway (800') exceeds the 500' maximum length allowed for cul-de-sac streets. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held in compliance with the application submittal requirement of Eagle City Code at 6:00 PM, on April 27, 2006, at the Eagle Hills Golf Clubhouse. The preliminary development plan and conditional use permit applications for this itern were received by the City of Eagle on May 4, 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 June 19, 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, and June 27, 2006. The site was posted in accordance with the Eagle City Code on June 21, 2006. Requests for agencies' reviews were transrnitted on May 8, 2006, in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit and prelirninary development plan (CU-06-06/PPUD-03-06) and based upon the information provided concludes that the proposed conditional use permit and preliminary planned unit development are not in accordance with the City of Eagle Title 8 (Zoning) because City Code does not allow multi-family dwellings in an R-4 zone. The Commission also concludes that the proposed conditional use permit and preliminary development plan is not in accordance with Eagle City Code Title 9 (Subdivisions) because City Code does not allow private streets. DATED this 5th day of September, 2006. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada Coun~ ~~ Jas n Pierce, Chairman ATTEST: ,,".....".. I' ... ~~~' \'tY OF' '" ,,,." C ...........t:"1 *.".. ".. -.0" ! -., CORPo~ ". (' \ i ~.... '1-:-.\tt\ ~ - - ..... ,.. . - :l/I "'$b :: \ ~ ~ 'C-'4 1" :"It: ,. T. ...... f\'.- .. ,. ~ :"o"Uf,o\;. ,~ ~ ~ ........ 0 ...... "'",Op ID"~ ~..., I'"........",' Page 27 of 27 K:IPlanning DeptlEagle ApplicationsISUBS\2006\Eagle Hills PUD pzrdoc