Findings - CC - 2006 - CU-02-06/PPUD-01-06/PP-08-06 - Eudora Estates(Aka Alderwood No 2)Pud/21 Lot/4.7 Acre Site/947 W State Street
BEFORE THE EAGLE CITY COUNCIL
)
)
)
)
(A.K.A. ALDERWOOD NO.2) PLANNED UNIT )
DEVELOPMENT FOR RTB INVESTMENTS, LLC )
IN THE MATTER OF AN APPLICATION
FOR A CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN, AND
PRELIMINARY PLAT FOR ElJDOR-\ ESTATES
FINDI~GS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-02-06/PPUD-OI-06/PP-08-06
The above-entitled Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat
applications carne before the Eagle City Council for their consideration on August 8, 2006. The Council
continued the items to August 22, 2006, at which time public testimony was taken, the public hearing was
closed. The Council continued the item \0 September 12, 2006, September 19, 2006, and September 26,
2006, at which time the item was remanJed to staff until the applicant could address the retention of the
existing trees and cross-access from Alderwood :.10. 1. The Counctl reviewed the requested mformatIon at
the October 10, 2006, meeting and made their decision at that time. The Eagle City Council, having heard
and taken oral and written testimony, and having duly considered the matter, makes the following Findings
of Fact and Conclusions of Law:
FINDI~GS OF FACT:
A. PROJECT SUMMARY:
RTB Investrnents, LLC represented by Wendy Kirkpatrick with Landmark Engineering
and Planning, is requesting conditional use, preliminary development plan, and
preliminary plat approvals for Eudora Estates (a.k.a. Alderwood No.2) Planned Unit
Development, a 21-10t (I6-buildabIe, 5-common) residential planned unit development.
The 4.7-acre site is located approximately 430-feet west of South Grandean Way at 947
W. State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Eagle Public Library at 6:00 PM, December 13,
2005, in compliance with the application subrnittal requirement of Eagle City Code. The
applications for this item were received by the City of Eagle on April 13, 2006.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Plannmg and Zonmg
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on May 30, 2006. NotIce of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on May 26, 2006. Requests for agencies' reviews were transmitted on April 19,
2006, in accordance with the requirements of the Eagle City Code. The site was posted m
accordance with the Eagle City Code on June 23, 2006
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on July 17,2006. Notice of this public hearing was mailed to property owners
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within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67. Chapter 65. Idaho Code and Eagle Cny Code on July 12,2006.
The site was posted in accordance with the Eagle City Code on July 28,2006
D. HISTORY OF PREVIOUS ACTIONS: None
E. COMPANION APPLICA nONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Four (4 R-4 (Residential-up to 4 Residence/pasture
units per acre uni ts per acre)
maximum)
Proposed No Change No Change SingIe-farnily residential
subdivision
North of site Residential Four (4 R-4 (ResIdential-up to 4 Single-family residential
units per acre units per acre)
maximum)
South of site Public/Semi-Public R-4 (Residential-up to 4 State Htghway 44
units per acre)
East of site Residential Four (4 R-4 (Residential-up to 4 Alderwood Village/PUD
units per acre units per acre)
maxirnum)
West of site Residential Four (4 R-4 (Residential-up to 4 Residence/pasture
units per acre units per acre)
maxirnurn)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site - 4.7 acres
Total Number of Lots - 2 I
Residenttal - 16
Cornmercml - 0
lndustnal - 0
Common - 5
Total Number of Units -
Single-family - 16
Duplex - 0
Multi-family - 0
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Total Acreage of Any Out-Parcels - 0
Additional Site Data Proposed Required for Non-PUD
Residential Development
Dwelling Units Per Gross Acre 3.4 units per acre 4 units per acre maximum
Minimum Lot Size 4,034 square feet S,OOO square feet
mInImum
Minimum Lot Width 34-Feet 75-Feet
Minimum Street Frontage 29-Feet 35-feet
Total Acreage of Cornmon Lots I.76-acres (76,667 S.F.) I. 71-acres minimum
(I IS,722 S.F.)
.4 7 -acres for 10%
minimum plus I.24-acres
for lots smaller than the
minimum (S,OOO SF)- per
ECC Section S-2-4 (G)
Percent of Site as Common Area 37.44% 36.3S% (minimum - see
above)
I. GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
The proposed PUD will provide a total of 1.76 acres (37,44'io) or common area Inclustve
of the required planter strips adJacent to the roads. WithIn thc total area of common arca
there is 1.64 acres (34.9~,,) of usable open space which providcs a COmbInaliOn of hncar
pathways and gathering places. 10% minimum open space is required except that a
decrease in minimum lot size may be allowed if there is an offsetting increase of the same
square footage and a planned umt development is apphed for and approved.
Storm Drainage and Flood Control:
Street drainage plans have not been subrnitted by the applicant as required by the
Subdivision Ordinance. Specific drainage system plans are to be submitted to the City
Engineer for review and approval prior to the City Engineer signing the final plat. The
plans are to show how swales, or drain piping, will be developed in the drainage
easements. Also, the CC&R's are to contain clauses to be revicwed 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 hne onto
another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
The apphcant is proposing a twelve (12') foot wide easement adjacent to the public street
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and subdivision boundary and a five (5') foot wide easement for dra\l1age is proposed
adjacent to all s\l1g1e-family lot lines which do not front a public street.
Fire Hydrants and Water Mains:
Hydrants are to be located and mstalled as required by the Eagle Fire District.
On-site Septic System (yes or no) - no
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-S (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision. There are existing trees in proxirnity to the existing residence
and adjacent to State Highway 44. The Ballantyne Canal flows from east to west across
the site south of the proposed road within the large cornmon area. There are also wetlands
at the southern end of the property.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or deveIoprnent of the site, any historical artifacts are
discovered, state law requires immediate notiticatlOn to the state.
1. STREET DESIGN:
Public Streets:
The applicant is proposing to construct one roadway with a stub street connection to W.
Krasen Street for access from Alderwood Subdivision. The roadway will be constructed
within a fifty foot (50') wide cross section inclusive of an eight and one halffoot (S.5')
wide planter on each side of the roadway. The proposed roadway will stub to the property
to the east for future access. There is no turnaround proposed at the stub end of the road
to the east; however there is an alley shown which could be utilized for an emergency
turnaround. Alleys are shown within a twenty foot (20') wide cross access easement
located at the rear of the lots to provide access to parking for the residents behind the
homes similar to what was approved in AIderwood Village.
The local roadways within the deveIoprnent will be a thirty-three foot (33') wide roadway
section (as measured from back of curb to back of curb).
All roadways will have vertical 6" curb and eight-foot (S.5') wide grass landscape strips
and five foot (5') wide detached sIdewalks on both sides of the roadway.
The applicant is proposing to construct an emergency access to W. State Street to the
north from the development. The access is proposed to be constructed within a forty-two
foot (42') wide section with a twenty-four foot (24') wide travel way (a, measured from
back of curb to edge of pavement) and an etght and one half foot (8.5') wide planter
strip. The remainder of the reqUired street section will be dedicated upon development of
the adjacent property.
Applicant's Justification for Private Streets (Alleys): See above
Cul-de-sac Design: No cul-de-sacs proposed
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Sidewalks:
A detached five-foot (5') wide concrete sidewalk separated from the curb by an eight and
one half foot (8.5') wide landscape strip is proposed abutting both sides of all interior
roadways. The applicant is constructing a detached five-foot (5') wide concrete sidewalk
separated from the curb by an eight and one half foot (S.5') wide landscape strip adjacent
to the emergency access.
Curbs and Gutters:
The applicant is proposing six inch (6") high vertical curbs adjacent to all interior roads.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of Itghtmg shall be provided to the City Zonmg
Administrator prior to the submittal of the final plat. Any modlficattons made to the Itghts
shall be completed before the final plat approval.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to
date. Approval from that committee is required prior to final plat approval
K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian walkways are provided through a rnulti-purpose pathway system and the
detached sidewalk system.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of~way or separate easement, as may be specdied
by the City Council. The detailed street section does not show a bike lane on the interior
roads.
L. PUBLIC USES PROPOSED: None proposed
M. PUBLIC USES SHOWN ON FUTLRE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - yes - Wetlands at the southern end of the site adjacent
to State Highway 44
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes - in proximity to the existing residence and adjacent to State Highway 44
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: Ballantyne Irrigation Canal
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
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O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The foIIowing agencies have responded and their correspondence is attached to the stall
report. Comments which appear to be of special concern are noted below:
City Engineer: All comments \\ ithin the engineer's letter dated May 15, 2006, are of special
concern (attached within the staffreport).
Ada County Highway District
Central District Health Department
Chevron Pipeline
Eagle Fire Department
Eagle Sewer District
Idaho Department of Environmental Quality - Concerns with Eagle Water Company source
deficiencies.
Idaho Power Company
Idaho Transportation Department
Meridian School District: Letter includes a warning that District is operating over capacity
Q. LETTERS FROM THE PUBLIC: (attached to the staff report and incorporated herein by
reference ).
Fred E. Thorson provided correspondence, date stamped by the City on June 29, 2006.
with concerns regarding curb and gutter, style of fences, and also is requesting a curb cut
on the proposed Stephenson Street.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant states in the narrative that the entire development IS to be constructed in one
phase with anticipated construction to begin in the summer of 2006.
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the communtty
and neighborhood, and will not be detrimental to the econornic welfare of the community.
2. That the development be designed, constructed, operated and rnaintained to be harmonious and
appropriate in appearance with the existmg or intended character of the general vicinity and how
such use wiII not change the essential character of the same area.
3. That the development wiII 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 operatton that wiII be detrtmental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essentIal public facllil1es such as highways,
streets, police and fire protectiun, drainage structures, refuse disposal, water and sewer, and
schools.
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6. That the development will not create excessive additional requirernents at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
9. That the development will not result in the destmction, loss, or damage of a natural. scenic or
historic feature of major importance.
10. That the proposed development will be harrnomous with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
II. That the proposed developrnent will be harmonious with and in accordance with the general
objecllves or with any specific objective of Eagle City Code Title 8.
12. That the benefits, cornbination 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 (incorporatingjijiy (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open space,
recreation, rnaintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been provided
by the developer.
16. That suggested public (or private) means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
For a request of up to 10% of the gross land area to be directed to uses other than residelltial
(i.e.; commercial, industrial, puhlic 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.
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In cases where an increase in residential density of up to 15% of the alluwable number of
dwelling units is requested:
22. LANDSCAPING - For up to SOl{
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of existing
landscape, pedestrian way treatment, and recreational areas, incorporated lI1to this development,
exceed that of a non PUD development.
23. SITING - For up to 5%
That the quality of the designs for visual focal points, use of existing features such as topography,
view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation pattern, physical
environment, variation in building setbacks, and building grouping (such as clustering),
lI1corporated 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 deveIoprnent, exceed that of a non PUD development.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The ComprehensIve Plan Lmd Use Map designates thIS site as Residential Four, SUitable
primarily for single family residential development within an urbanized setting. Residential
density of up to four dwelling units per acre may be considered by the City for this area.
Chapter I - Overview
1.1 City of Eagle Statement of Purpose
b. To ensure that adequate public facilities and services are provided to the people at
reasonable cost.
d. To ensure that the Important environmental features of the City and ItS Impact
Area are protected and enhanced.
g. To ensure that the development 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.
J. To encourage local school districts to participate in the cornrnunity planning and
development process so as to address public school needs and impacts on an
ongoing basis.
1.3 The City of Eagle Vision Statement
b. interconnected \\ith user-friendly pathways and roadways:
e. an environmentally aware community with distinctive open space, parks and
outdoor recreation:
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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 m the location and intensity of future housing, commercial and mdustrial
development. Since the City of Eagle depends on outside providers, it must be involved in
any plans that will effect the comrnunity. Service providers currently include:
. The Eagle Sewer District provides sewer ser\'ice within a desi),1J1ated sewer service
area.
. The Meridian and Boise School Districts provide K -] 2 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 trrigation 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 landscapmg when new development is withm an irrigation district and
water rights are available.
4.4 Objecti\'es
b. To support school district efforts to provide school sUes and faciluies that
accommodate student enrollment.
Chapter 6 - Land Use
6.1 Background and Existing Conditions
Managing growth and channeling it into orderly community development is the key
element ofland use planning. Unplanned growth results in undesirable land use patterns.
Areas within the City and wtthin 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
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policy document and planning tool that will assist the City in sustaining responsible
growth and developrnent to ensure that evolving land use patterns remain consistent with
goals, objectives and strategies of the Plan.
6.7 Implementation Strategies
a. Preserve the natural features and resources of Eagle.
b. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, fire, recreational areas, highways and
transportation systerns.
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 irrigal10n systems.
I. Farm related uses and activities should be protected frorn land use conflicts or
interference created by residential, commercial, or industrial development. The
Idaho Right To Farm Act should be prornoted.
Chapter 8 - Transportation
8.3.2 Bike Lanes
Function:
Primarily used as a lane for bicycles and other non-motorized uses.
Location:
Bike Lanes usually exist on the same pavement surface as motonzed lanes. Arterials and
collectors should be provided with bike lanes on each side of the roadway.
8.5 Objective
Encourage alternative transportation forms such as walking and biking.
8.6 Implementation Strategies
I. Encourage street lighting to increase roadway and neighborhood safety whtle
preserving a rural environment free of any unnecessary lighting.
In. Establish and require minimum setbacks between developments and roadways and
to encourage installation of berms and landscaping for all developrnents to
enhance safety and to enrich the roadway and cornmunity appearance.
Chapter II - Special Areas And Sites
1 I. I Background and Vision
"Special Areas and Sites" are de tined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or sites
should be analyzed according to their defined functIOn. Whenever pOSSible, these SHes
should be preserved and conserved as open spaces or for educational and cultural centers.
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Development of Special Areas or Sites should take place in manner that reflects harmony
with their natural environrnent and recognized qualities which render them distinctly
umque.
These special areas will require comprehensive and specific planning to ensure that such
topographical, hydrological, ecological, architectural and scenic concerns have been
thoroughly addressed and incorporated into any engineering and development plans. The
special review process should include, but not be limited to the following:
. Wetlands issues
. Existing trees and natural features
I 1.2 Recognized Special Areas and Sites
Drainages and Canals
Special natural and manmade fcatures of Eagle are the drainages and canals. The main
purpose of the canals and drainage ditches is that of distributing and moving water.
1 \.3 Goal
To promote the conservation and efficient management of all Special Areas and Sites.
I 1.4 Implementation and Strategies
a. Protect and improve natural and man-made waterways.
b. Continue to develop and improve Ctty design gUldellnes to t:ncourage
preservation of Eagle's historic buildings and guide new development to reinforce
the town's special quality and "turn of the century" character.
g. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
1. The City may require developers to prepare and submit an environmental
assessment and any such additional reports as the City may from time to time
require, for any development on land within an area designated as a Special Area
or Site or for any development impacting a designated Spectal Area or Site.
Chapter 13 ~ Implementation
13.3 Special Implementatton Techmques For Development WIthin the Citv LImIts
A Planned Unit Development Ordinance (PUD) is one of many devices used to implement
a comprehensive plan. A developer of a PUD may be allowed variations m development
requirements, if it is in the City's interest to encourage such a deveIoprnent.
PUD regulations are intended to encourage innovations in land development techniques so
that the growing demands of the community may be met with greater flexibility and
variety in type, design, and layout of sites and buildings and by the conservation and mort:
efficient use of open spaces and of other natural environmental features whIch enhanct: the
quality of life.
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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 withm a recorded easement, or
dedicated to and acceptt'd by the City. The area shall bc substanually open to thc
sky, exclusive of streets, buildings and other covered structures, and shall be
designated and mtended as a useable and convenient amenity to any proposed
development. Wetland areas, dramage ditches, irrigation ditches, and similar
features shall not be considered as a part of the rninimum area of open space
required.
. ECC Section 8-1-2 Rules and Definitions:
Planned Umt Development
An area of land in which a variety of residential, conmlercial and industrial uses
developed under single ownership or control are accornmodated in a preplanned
environrnent with more Hexible standards, such as lot size and setbacks, than
those restrictions that would normally apply under these regulations.
. ECC Section 8-2-4 Schedule of Building Height and Lot Area:
Zoning Maximum UU Interior Street Maximum Lot Minimum Lot Area Minimum
District Height Side Side Covered (Acres Or Sq. Ft.) G Lot
And H" Width I'
IR-4 ~ 1120' J 140% lIB 000 1170' I
I ~-.-J ~ [2~ 175'
. ECC Section 8-2-4 (B)
Additional 5 feet per story setback for multi-story structures. Height not to exceed 3
stories except by conditional use permit.
. ECC Section 8-2-4 (G):
A decrease of minimum lot size In a subdivision may be allowed If there is an offsetttt1g
increase of the same square-footage in open space and a planned unit development is
applied for and approved.
. ECC Section 8-2A-7(A&C) Landscape and Buffer Area Requirements:
A. Landscape Plan Required: A landscape plan is required for all developments requiring
a design review, including, but not limited to, all subdivisions. The landscape plan
shall be drawn to scale (no smaller than 1 inch equals 30 feet) and shall mdicate the
following:
1. Boundaries, property lines, and dimensions.
2. EXIsting trees and vegetation identified by specIes and size.
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3. The location and design of areas to be landscaped.
4. The location and labels for all proposed plants.
5. Plant lists or schedules with the botanical and common name, quantity, and
spacing and size of all proposed landscape material at the time of planting.
6. Location and description of other landscape improvements, such as earth
berms, walls, fences, screens, sculptures, fountains, street furniture, lights, and
courts or paved areas.
7. Planting and installation details as necessary to ensure conformance with all
required standards.
C. Existing Vegetation:
I. Retention Of Existing Trees: Existing trees shall be retained unless removal is
approved m writll1g by the city. Where trees are approved by the eity to be
rernoved from the project site (or from abutting right of way) replacement with an
acccptable species is required as follows:
i IExisting: Tree J IReplacement
'I] inch to 6 inches caliperl12x caliper of tree removed
16 ]/4 inches to 12 inches 1I1.5x caliper of tree removed 1
112 I/4 inches or more IIIX caliper of tree removed I
In all cases, planling wIthin public nghts of way shall be with approval from thc
public and/or private entities owning the property.
Example: An eight inch (8") caliper tree is rernoved, an acceptable replacement
would be three (3) 4-inch caliper trees or four (4) 3-inch caliper trees.
2. Damage During Construction: Existing trees or shrubs that are retained shall be
protected frorn damage to bark, branches, or roots during construction.
ConstructJOn or excavation occurring within the drip line of any public or private
retained tree or shrub may severely damage the tree or shrub. Any severely
damaged tree or shrub shall be replaced in accordance with subsection Cl of this
section.
3. Grade Changes And Impervious Surfaces: Grade changes and impervious
surfaces shall be allowed at a distance from the trunk of a retained tree equal to
the diameter of the tree trunk plus SIX feet (6'), or to the dnp 11I1e, whichever IS
furthest from the trunk.
4. Minimum Landscaping: Existing vegetation which is to be retained may be
used to satisfy the minimum required landscaping.
. ECC Section 8-2A-7(J)(C) Buffer Areas/Common Lots:
Any road designated as a principal arterial on the Ada County long range highway and
street rnap and/or any freeway or expressway:
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A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: six
(6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum ten foot (10') high, maXlITIUm twelve foot (12') hIgh. berm, decorallve block
wall, cultured stone, decorative rock. or similarly designed concrete wall. or combination
thereof shall be provided withm '.he buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (I ') vertical distance. If a decorallve block
wall, cultured stone, decorative rock, or sirnilarIy designed concrete wall is to be provided,
in combinatlOn with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decoratIve wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
. ECC Section 8-6-1 Purpose "Planned Unit Developments":
It shall be the policy to guide a major developrnent of land and construction by
encouraging planned unit development (PUD) to achieve the followmg:
A. A maximum choice of living environments by allowing a variety of housing and
building types and permitting an increased density per acre and a reduction in lot
dimensions, yards, building setbacks and area requirements;
B. A more useful pattern of open space and recreation areas and, if permitted as part
of the project, more convenience in the location of accessory commercial uses,
industrial uses and services;
C. A development pattern which preserves and utilizes natural topography and
geologic features, scenic vistas, trees and other vegetation and prevents the
disruption of natural dramage patterns:
D. A more efficlel1\ 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 8-7-3-3(C) Public Sites and Open Spaces:
Special Developments: In the case of planned unit developments and large scale
developrnents, the council may require sufficient park or open space facilities of
acceptable size, location and site characterIstics that may be suitable for the proposed
development.
. ECC Section 8-7-3-5(D): CONDITIONAL USE PERMIT:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions
may be atlached to said permIt including, but not limited to, those:
I. Minimizing adverse impact on other development;
2. Controllmg the sequence and llmmg of development;
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K:IPlJnnmg Depl\Eagk ApplicationsISUBS\2006\Alderwood No.2 ccf.doc
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more restrictive standards than those generally required in thIs Title.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. ECC Section 9-1-3 Purpose:
The purpose of these regulations is to promote the public health, safety and general
welfare, and to provide for:
D. Adequate transportation, water drainage and sanitary facilities;
. ECC Section 9-1-6 Rules and Definitions
ALLEY: A minor street providing secondary access at the back or side of a property
otherwise abutting a strelt.
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which
normally includes streets, sidewalks and other public utilities or service areas.
BLOCK: A group of lots. tracts or parcels within well defined boundaries, usually streets.
EASEMENT: A grant by a property owner to specific persons or to the public to use land
for specific purposes. Also, a right acquired by prescription.
PARTIAL RIGHT OF WAY: A dedicated right of way providing only a portion of the
required street width, usually along the edge of a subdivision or tract of land.
PLANNED UNIT DEVELOPMENT: A subdivision designed as a combination of
residential, comrnercial and industrial uses or any combination thereof planned for a tract
of land to be developed as a unit under single ownership or control, which is developed
for the purpose of selling individual lots or estates, fronting on dedicated streets, which
may include two (2) or more principal buildings.
. ECC Section 9-3-1 Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdIVISions,
improvements and facililles 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.
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K:\Planning DeptlEagk ApplicalionslSUBSI20061Alderwood No.2 ccfdoc
. ECC Section 9-3-2 Streets and Alleys:
Section 9-3-2- I Location:
Street and road location shall conform to the following standards:
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be rnore than five hundred feet
(500') in length and shall tenmnate WIth an adequate circular turnaround
having a minimum radius of fifty feet (50') of right of way.
H. Half Street" Half streets shall be prohibited except where unusual
circumstances make such necessary to the reasonable development of a tract
in conformance with this title and where satisfactory assurance for dedication
of the remaining part of the street is provided. Whenever a tract to be
subdivided borders on an existing half or partial street, the other part of the
street shall be dedicated within such tract.
. ECC Section 9-3-4 Blocks:
Every block shall be so designed as to provide two (2) tiers of lots, except where lots back
onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less
than five hundred feet (500') long in all cases.
. ECC Section 9-3-6 Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines when deemed necessary. Total easement width shall not be less than
twelve feet (12').
B. Unobstructed drainagewdY easements shall be provided as requued by the city council.
C. All natural drainage courses shall be left undisturbed or be improved in a manner
which will improve the hydraulics and ease of maintenance of the channel.
. ECC Section 9-3-7 Planting Strips and Reserve Strips:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed
next to incompatible features such as highways, railroads, commercial or industrial
uses to screen the view from residential properties and to provide noise mitigation for
those residents. Such planting strips/buffer 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 strip/buffer area shall not be a part of the normal street right of way and
shall cornpIy with all landscape/buffer area requirements within section 8-2A-7 of this
code.
. ECC Section 9-3-8 Public Sites and Open Spaces:
B. Natural Features: Existing natural features which add value to residential development and
enhance the attractiveness of the community (such as trees, watercourses, historic spots
and sirnilar mepIaceable assets) shall be preserved in the design of the subdivision.
C. Special Development: In the case of planned unit developments and large scale
developments, the city council rnay require sufficient public and/or private park or open
space facilities of acceptable Size, loeatlon and site charactenstlcs that may be suitable fur
the proposed development. (Ord. 88. 11-15-1983)
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K:IPlanlling DeptlEagk ApplicalionslSUBSl2006\Alderwood No.2 ccfdoc
D. Open Spaces: The mmimClm percentage of the gross area that must be set aSIde for open
spaces in new subdivisions shall be as follows:
IZoning DistrictllR-2 IIR-3 IIR-4 IIR-5 I IR-6-R-25 I
10penSpace 1~~~~110% I
. ECC Section 9-4-1 Improvements Required:
Every subdivider shall be required to install the following public and other improvements
in accordance with the following conditions and specifications.
. ECC Section 9-4- I -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 dtslgnated by the "administrator" (as defined by sectIOn 9- I -6 of
this title, or his/her representative, hereinafter referred to as "administrator"). After
installatIOn and acceptance by the adrnmlstrator, the city shall have the right to pay the
cost of maintenance and power and assume ownershtp of the streetlights.
. ECC Section 9-4-1-6 l'edestr:an'Blcycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonrnotorized forms of
travel, and to providt 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 placement of any pathway: the utility and need for a
given pathway, impacts to existing neighborhoods, cornpliance 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.
B.Location:
I. The city shall require the creation and maintenance of pathways, (except in
cases where it is shown to be inappropriate), that provides access to adjacent:
d. Neighborhoods;
g. Transportation or other community facilities, and vacant parcels, held
elthtr publltly or pnvately which could provide future neighborhood
connection(s) to the above noted sites; and
h. In similar cases where deemed appropriate.
C.Existing Neighborhoods:
The placement of a path will be based upon consideration of current residents of a
neighborhood as well as future residents. Based upon the following, the city may
choose to provide a pathway in existing neighborhoods when:
5. Connects to adjacent subdivision pathways.
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K:IPlanning DepllEagle ApplicationslSUBSI20061Alderwood No.2 ccLdoc
. ECC Section 9-4-1-7 Bicycle Pathways:
A bicycle pathway shall be provided within all subdivisions as part of the public right of
way or separate easement, as may be specified by the city council.
. ECC Section 9-4-1-8 Underground Utilities:
Underground utilities are required.
. ECC Section 9-4-1-9 Water Supply and Sewer Extensions:
B. Approval Of Plans: All water and sewer plans shall be subrnitted to the Idaho
department of health and welfare or its authonzed agent for approval in accordance
with the provisions of section 50-1326. Idaho Code.
C. Pressurized lITIgation Facilities:
1. For any new subdivision and/or PUD, to be provided with a public water
system and containing more than four (4) lots, all residential dwelling units
within such subdivision shall be provided with a pressurized irrigation system
to be served with irrigation water unless a waiver, as outlined herein, is
approved by the city council.
. ECC Section 9-4-1-10 Storm Drainage, Flood Controls:
C. Curb, Gutter And Pavement Design: Curb, gutter and pavernent design shall be such
that water on roadways is prevented from flowing off the roadway.
D. Natural Drainageway Treatment: Natural drainageways shall be riprapped or otherwise
stabilized below drainage and culvert discharge points for a distance suffiCIent to
convey the discharge without channel erosion.
E. Runoff From ImperViOUS Cover: Runoff from areas of concentrated impervious cover
(for example, roofs, driveways and roads) shall be collected and transported to a
natural drainageway with sufficient capacity to accept the discharge without undue
eroSion.
. ECC Section 9-4-1-11 Fire Hydrants and Water Ma1l1s:
Adequate fire protection shall be required in accordance with the appropriate fire district
standards.
. ECC Section 9-4-1-12 Landscape Buffer Areas:
Landscape buffer areas, 111 accordance with section 8-2A-7 of this code shall be required
for the protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision
plats shall show the location of all buffer areas.
. ECC Section 9-5-4-3 (C) Storage Areas:
Storage areas shall be provided for the anticipated needs of boats, campers and trailers.
For typical residential development, one adequate space shall be provIded for every two
(2) living units. This may be reduced by the City Council if there is a showing that the
needs of a particular development are less.
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. ECC Section 9-5-4-3 (E) Mall1tenaIKe Building:
A maintenance building shall be provided of such size and in such location as is suitable
for the service needs that are necessary for the repair and maintenance of all common
areas.
D. DISCUSSION:
. The applicant is proposing to construct a development consisting of lots with widths of
approximately 38-feet to accommodate a "neo-traditional" neighborhood. This type of
development typically consists of single-family dwellings located in close proximity to each
other. The fronts of the houses are located near the street to not only provide a "quaint"
neighborhood feel, but to also accommodate a rear yard garage accessed by a paved easement.
With this type of development, deviations from standard minirnurns within the code are to be
considered, including setbacks, lot coverage, and lot size and width.
The applicant has requested to provide lots (ranging in size from 4,034 s.f. to 6,4 I 8 s.f.) which
are reduced in size from the required minimum area of 8,000 square feet for an R-4 zoning
district. Eagle City Code 8-2-4 (G) allows a decrease of minimum lot size tI1 a subdIvision if
there is an offsetting increase of the same square-footage in open space and a planned Ul1lt
development is applied for and approved. If this PUD is approved by the Council, the decrease
in lot size may be pennitted since the development has been designed to provIde the reqUIred
amount of offsetting increase of square footage within the open space.
With regard to the lot coverage and lot width, the applicant has requested to increase the
maximum lot coverage allowed from 40% to 50%, and to allow the lot width to be decreased
frorn the minimum seventy feet (70') to approximately twenty-nine (29'). It may be consIdered
that the aforementioned items are vital to achieve the neighborhood character and type of
building design that is proposed with this development. Otherwise, the neighborhood may
come to resernble that of a typical subdivision within an R-4 zoning district, which in and of
itself is not an undesirable developrnent; rather it loses the opportunity for variety and
distinction provided by the neo-traditional design.
The applicant has requested the following setbacks for all homes within this development: 10'-
front, 25' -rear,S' -side, and 20' -street side. In addition, the applicant has not requested that the
5' -side setback be applied to both one-story and two-story dwellings. The elevations submttted
for the style of homes to be constructed in the development shows two story structures that are
a minimum of twenty-six feet (26') 111 Width; therefore the proposed setback would have to be
used for both one and two story structures due to the width of the lots. The reduced front and
street side setbacks may be considered ideal for this type of development in order to provide
the sense of community and neighborly connection the developer desires to achieve. However,
while the 5'-side setback rnay also contribute to the aforementioned attributes, to allow the 5'-
side setback to apply to the second-story as lVell may be less than deSIrable. As two tall
buildings are located closer to one another, a large wall-like appearance may be the unll1tended
result, or the reverse, a street lined with two-story homes and trees rnay provide a traditional
"row house" appeal. The applicant has not addressed the maximum lot coverage requirement.
The style of homes proposed within the development would require the maximum lot coverage
be increased from 40% to 50% to be similar to Alderwood Village adjacent to the east. Staff
would propose the following setbacks be considered for this development:
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Staff
Proposed by Applicant
Front
Rear
Interior Side
Street Side
IS feet
25 feet
6 feet (or as approved by the Council)
20 feet
10 feet
25 feet
5 feet
20 feet
Maximum coverage
50%
. As was brie!1y mentioned previously, the majonty of the houses in this development will have
rear entry garages accessed by a 20-foot wide pavcd cross-access easemcnt that travels along
the rear of the lots. This easement is proposed neither as a public alley nor a private roadway
but rather as a paved access from lot to lot, wherein each property owner grants cross access to
the other owners to enter their respective properties via a note on the plat. A public alley or
private road is not feasible to the developer since these two options would require either the
dedication of right-of-way or the platting of a separate lot, thereby reducing the size of the lots,
The development would most likely not be able to be constructed as proposed since the offset
in open space required with the decrease in minimum lot size could not be achieved without
the elimination of some building lots (possibly 3 to 4 lots), thereby altering the intended
character of the neighborhood. Eagle City Code 9-3-2-1 (E) states that public alleys are
required in multi-farnily developments or cornrnercial subdivisions unless other service options
are provided; the ordinance is silent on whether a public alley is required in this type of
development. Whlle these paved access easements would function most similar to an alleyway,
and would be classified rnost sirnilar to a private roadway (since no dedication to the public is
proposed), they rnay also be similar to driveways shared by multiple residents. The Planning
and Zoning Commission and the City Council may find that upon designating on the plat that
the 20-foot paved ac~ess e<isements are to be common to all reSidents of Eudora Estates
Subdivision for the purposes of cross access, and with provIsIons wlthm the CC&R's
requiring a plan and schedule for the future repair and maintenance of said easements, the
paved easements may be considered a valuable asset to the design of thIS development. In
addition, Alderwood SubdiVision east of this site has been developed in the same manner as
proposed with this development. Alderwood Subdivision was required (as a condition of
approval) to provide noss access to this site (if this site were to be developed in the same
manner). If the CounCil approves the 20-foot wide paved access on the eastern boundary of the
development, the applicant should place a note on the final plat to provide cross access to
adjacent property owners within AIderwood Subdivision to the east.
. As rnentioned above, Alderwood Village to the east of this site was required as a condition of
approval to provide cross-access to this site if this site were to be developed in the same
rnanner as AIderwood Village. The applicant should work with the property owners of Lots l-
IS, Block 2, of Alderwood Village to allow for the construction of eight feet (8') of additional
width to the alleyway located on Lots I-IS, Block 2, of Alderwood Village. This would
prevent an additional twenty foot (20') wide alleyway to be constructed next to the existing
twenty foot (20') wide alleyway located within Alderwood Village to the east. It would also
provide for shared costs by the owners of both subdivisions using this alley for access at a
reduced rate than if they had to rnaintain separate alleys. The applicant should provide a
revised preliminary development plan/preliminary plat showing an additional eight feet (8') of
width to the alleyway located on Lots I-IS, Block 2, of Alderwood Village to proVide access
for Lots I -15, Block 2. of Eurdora Estates. The applicant should also pro\'ide a cross-access
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K:\Pl..mlling Dept\Eagk Applil:atinlls\SUBS\2006'Alderv.'ood No.2 cer.dac
agreement between these property owners pnor to the City Clerk sIgning the final plat. If the
coordination efforts fail, applicant should be required to provide a certified letter from the
Alderwood Village Home Owner's Association stating that they refuse coordinal1on and
connection to the cross-access for the adjacent developrnents as required by the Alderwood
Village final plat and CC&R's.
. The applicant has noted on the preliminary plat, date stamped by the City on April 13,2006,
that the easement width on the boundary lines and adjacent to the right-of-way are ten feet
(10') in width and the easement width adjacent to interior property lines is five feet (5') in
width. Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet
wide abutting the front and rear property lines of each lot and 6-feet wide on either side of the
common side lot lines. The applicant has not specifically delineated easements on the common
side lot lines. Staff recommends that the easements should be delineated on the common side
lot lines to facilitate the intended result of the development as well as to ensure that each
dwelling will be served adequately with utilities. (Note: If the City Council approves the
reduced setbacks to five-feet, the easement width on each side of the lot line would need to be
reduced to five feet as well). Flexibility will not be diminished since Eagle City Code
provides a process for the vacatIon of utility easements to allow the construction of a buildll1g
over a lot line. If an application for the vacation of a utility easement were applied for wlthll1
this development, the City would have an opportunity to review the appropriateness of
constructing one dwelling up0n two lots, which may be warranted at a future date.
. ECC Section 9-5-4-3 (C) requires that storage areas be provided for the anticipated needs of
boats, campers, and trailers. The applicant has not specified how the storage of boats, campers,
and trailers will be accornmodated, whether in a centrally located, screened enclosure, or upon
each individual lot. Past City Council action as allowed for storage to be addressed through the
CC&R's requiring storage of boats, carnpers and trailers to be off-site. If the Council
determines that lI1dividual lot storage IS more appropriate than a common storage facility, the
applicant should provide a copy of the CC&Rs for review which define the proper storage of
the boats, campers and trailers whether it is on individual lots, centrally located, or off-site. If a
common storage area is required, then the applicant should be required to obtain design review
approval and should construct the storage area prior to City Clerk signing the final plat.
. ECC Section 9-5-4-3 (E) requires that a maintenance buildll1g be provided of such size and in
such location as is suitable for the service needs that are necessary for the repair and
maintenance of all common areas. However, the applicant has not provided lI1formation as to
whether a maintenance buildll1g will be constructed on site or whether an outside contractor
will be hired by the homeowner's association to maintain and service the common areas. Past
City Council has determined that an outside maintenance contractor may be more appropriate
than an on-site maintenance building, provided the applicant includes in the CC&Rs
provisions which define the guidelines for the contracting of an outside maintenance firm. If a
maintenance building IS reqUired, then the applicant should be required to obtain design
review approval and should construct the maintenance buildtllg or proVide a copy of the
CC&R's for reVlew which define the guidelines for the contracting of an outside maintenance
firm, prior to the City Clerk signing the final plat.
. This development lies within the Eagle Water Company's service area for water. In
correspondence received from the Department of Environmental Quality (Boise Regional
Office) date stamped by the City on May 2, 2006, that due to source deficiencies the DEQ
cannot approve additional projects at this time. The applicant needs to provide documentation
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frorn the Eagle Water Company and the Department of Environmental Quality (Boise
Regional Office) indicating that potable water service has been approved to serve the site prior
to the applicant submitting a final plat application and/or prior to the submittal of an extension
of time application, which ever occurs first.
. The preliminary plat date stamped by the City on April 13, 2006, shows a half street to be
located from the entrance frorn W. State Street south through the subdivision approximately
660'. This entrance will serve as an emergency access until the property to the west is
developed. Per Eagle City Code, Section 9-3-2-1 (H) states that satisfactory assurance for
dedication of the remaining street should be provided. The applicant should provide
documentation assuring that lhe proposed half street section conneclLon to W. State Street will
be completed when the property adjacent to the west is developed. This documentation shall
be provided prior to submlltlllg a final development/final plat applicatIOn.
. The preliminary development plan/preliminary plat, date stamped by the City on April 13,
2006, shows Stephenson Street stubbed to the Nazarene Church property to the west. The
church property adjacent to the stub street currently has baseball fields located in proximity to
the proposed stub street. Eagle Fire Department indicated in correspondence date stamped by
the City on June 6, 2006, that an approved turnaround for Stephenson Street would need to be
provided. After speaking with Andrew Cater with Eagle Fire Department and the applicant, it
was brought to staff's attention that the applicant proposed a knuckle within the open lot area
south of Stephenson Street for a turnaround which Eagle Fire would approve. The applicant
should provide a revised preliminary development plan/preliminary plat showing a knuckle
located on the south side of Stephenson Street and the northern portion of Lot IS, Block 2.
The knuckle should contain a landscape island and also receive approval from Eagle Fire
Departrnent regarding the required width for turnaround of emergency apparatus. This revised
preliminary development plan/preliminary plat should be provided prior to submitting a final
development/final plat application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recomrnends approval of the condilLonal use permIt, prelimmary development plan, and preliminary
plat with the site specific conditions of approval and the standard conditions of approval provided within
the staff report:
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 19,
2006. The Commission continued the item to July 5, 2006, at which time testimony was taken and the
public hearing was closed. The Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Comrnission by one
individual (other than the applicant/representative) who indicated that the stub street provided to the
Nazarene Church (Stephenson Street) would be beneficial to both the Church and the City to provide
additional access to the church. The individual also requested that a vinyl fence be constructed
between the Nazarene Church properly and the proposed subdivision.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by one individual who resides in Alderwood Village and is opposed to sharing alley access and
removmg the existing vinyl fence which currently separates this development from Alderwood Village
Subdivision.
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COMMISSION DECISION:
The Commission voted 3 to 0 (Ao,pitarte and Lien absent) to recornmend approval for CU-02-06/
PPUD-OI-06/ PP-08-06 for Eudora Estates (a.k.a. Alderwood No.2) Planned UnIt Development,
for RTB Investments with the site specific and standard conditions of approval shown wllhin their
Findings of Fact and Conclusions of Law docurnent, dated July 17,2006.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Council on August 8, 2006. The Council
continued the itern to August 22, 2006, at which time testimony was taken and the public hearing was
closed. The Council continued the item to September 12, 2006, September 19, 2006, and September
26, 2006, at which time the item was remanded to staff until the applicant could address the retention
of the existing trees and cross-access from Alderwood No. 1. The Council reviewed the requested
information at the October 10, 2006, meeting and made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council from one (I) individual
(other than the applicant/representative) who understood that the fence separating this property from
Alderwood No. I was conditioned to be removed if the property was developed in a similar manner.
C. Oral testimony in opposition to this proposal was presented to the City Council by one (I) individual
who resides in Alderwood Village Planned Unit Development and is not in favor of removmg the
fence separating the alley which serVt's Alderwood and this property.
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the City Council
by one (I) individual who is an adjacent property owner and would like to have a fence installed
between hiS property and this development IfhlS property IS not developed at the same lime.
COUNCIL DECISION:
The Council voted 3 to I (Guerber against) to approve CU-02-06/PPUD-OI-06/PP-08-06 for a
conditional use permit, preliminary developrnent plan, and preliminary plat for Eudora Estates
residential planned unit development (a.k.a. Alderwood No.2), for RTB Investments, LtC'. with
the following Planning and Zoning Commission recornmended site specific and standard
conditions with underline text to be added by the Council and strikethrough text to be deleted by
the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Cornply with all requirements of the City Engineer.
2. The applicant shall submit payment to the City for all engineering fees incurred for reviewmg
this project, prior to the City Clerk signing the final plat.
3. Provide documentation from the Army Corps of Engineers regarding the requirement of a 404-
Permit prior to submitting application for final developrnent plan/final plat approval.
4. ProVide documentation frorn the Eagle Water Company and the Departrnent of Environmental
Quality (Boise Regional Oftice) mdicating that potable water service has been approved to
serve the site prior to the applicant submitting a final development plan/final plat application
and/or prior to the submittal uf an extension of tIme application, which ever occurs flrst
5. All existing structures (houses, barns, sheds, etc.) shall be removed from the site prior to the
City Clerk sIgning the final plat. Demolition permits shall be obtamed prior to the removal of
said structures.
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6. Provide a revised preliminary development plan/preliminary plat and roadway cross section
showing a total of twelve feet (12') in width of easement and a minimum often feet (10') in
width of unobstructed easement adjacent to the street prior to submitting a final development
plan/final plat application.
7. Provide a revised preliminary development plan/preliminary plat showing a knuckle with a
landscape island located on the south side of Stephenson Street and the northern portion of Lot
IS, Block 2. The revised prelirninary development plan/preliminary plat shall be provided
prior to submitting a final development/final plat application.
8. Provide a revised preliminary development plan/preliminary plat showing an addil10nal eight
feet (8') of width to the alleyway located on Lots 1-15, Block 2, of Alderwood Village to
provide access for Lots 1-15, Block 2 of Eurdora Estates. The applicant shall also provide a
cross-access agreement between these property owners for review and approval bv the City
Attorney prior to the City Clerk signtl1g the final plat. If the COOrdtl1iitlol1 efforts fail, applICant
shall pro'/ide a certified letter frolR the i\lderwood Village Home Owner's /\ss00iation stating
that they reftlse coordination and COftRectlon to the cross access for Eudora Estates as reqtlired
by the ,^'Iderwood Village final plat and CC&R's.
9. The applicant shall provide a letter from the Eagle Fire District approving the design of a
turnaround at the southern terminus of Stephenson Street prior to submittal of the DeSign
Review application.
10. The setbacks that are reduced from those required in Eagle City Code Section 8-2-4 are
permitted to be as follows (or as otherwise approved by the City Council):
Front (Lots 3, 8, I I & 13, Block 2 and Lot 2, Block 3)
Remainder of Lots
Rear
Interior Side
Street Side
10 feet
15 feet
25 feet
6 feet
20 feet
Maximum lot coverage 50%
I I. Provide a revised preliminary development plan/preliminary plat to change the utility easement
width (as stated in Note #4) to a minimum of 12-feet wide. The rear lot utility easement shall
be a minimum of 12-feet wide. The common Side lot lines shall be six-feet tI1 width on eIther
side of the lot line unless the Council approves a five-foot wide setback, wherein the easement
width may be adjusted accordingly.
12. If the COlincil approves the 20 foot wide paved access easements (instead of ptlblic
alleyways), then Ihe applicant shall provide a note on the final plat that states there shall be no
parking allowed withi:l the 2)-f00t \"Ide: J~~CS, ~J,~I11Cl1b Jbutlillg lhe: lc'Jl 101 1111e: "I' L"t., =
14, Block 2, and Lots 2-4, Block 3. Provide a statement in the CC&R's that prohibits parking
on the 20-foot easement. "No Parking" signs shall be posted on one side of the paved
easernent prior to the issuance of any Certificates of Occupancy.
13. If the COtlnciI approves the 20 foot '.vide paved access easements, provide a note on the tinal
plat and within the CC&R's that states that each lot owner within Alderwood and Eudora
Estates Subdivisions the slisElivision has have the perpetual right of ingress and egress over the
20-foot wide access easements abuttmg the rear lot lines of Lots 2-14, Block 2, and Lots 2-4,
Block 3, and that the perpetual easernents shall run with the land.
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14. If the Ceun0il approves the 20 foot 'Nide paved a0cess, Erovide a copy of the Subdlvision's
CC&R's providmg a plan and schedule for the future repatr and mamtenance of the 20-foot
wide paved access. The CC&R's shall be reviewed and approved by the City Engmeer prior to
City approval of the final plat.
IS. If the Council approves the 20 foot wiEle paved access easeffleHts, Erovide a note on the final
plat that states that the restrictive covenant for rnaintenance of the 20-foot wide paved access
easements cannot be modified and the homeowners' association cannot be dissolved without
the express consent of the City.
16. If the CElHHcil appro';es the 20 fOElt wide paved access easements, Ihe applicant shall place a
note on the plat that generally states cross access will be provided to the properties abutting the
20-foot wide paved access easements if said properties are developed in a similar manner as
approved with this application.
17. Place a note on the final plat to provide cross access from the alley to adjacent property owners
within Alderwood Subdivision to the east.
18. Provide documentation assuring that the proposed half street section connection to W. State
Street will be cornpleted when the property adjacent to the west is developed. This
documentation shall be provided prior to submitting a final development plan/final plat
applicatIOn and shall be reviewed and accepted by the City Attorney prior to approval of the
final plat.
19. Any overhead utilities and existlTlg poles servtng the existtng dwelltng and accessory
structures shall be removed al the time the structures are removed.
20. Provide a revised preliminary development plan/prelirninary plat showing and noting all
easements to meet Eagle City Code requirements of twelve feet (12') in width pnor to
submitting an application for final development plan/final plat approval.
2 I. The entire Eudora Subdi\ iSlOn development shall remalt1 under the cOl1trul of UI1C
Homeowners Association.
22. The applicant shall apply for annexation into the Eagle Sewer District's service boundaries
and shall cornpIy with all applicable Eagle Sewer District's regulations and conditions prior to
submittal of the final development plan/final plat application.
23. The applicant has indicated that a "Row Style" of home is to be allowed within the
development. Photo examples of the allowed style of homes, date stamped by the City on
April 13, 2006, are incorporated herein by reference. To assure cornpliance with this
condition, the applicant shall provide an additional ten (10) architectural examples and shall.
create an architectural control committee (ACC) as a component of the subdivision CCR&S.
PrOVIsions regarding the creation and operatmg procedures of the ACC shall be mcluded in
the CC&R's, and shall be re\ iewed and approved by the City attorney prior to the approval of
the final development plan/final plat. The ten (10) additional architectural examples shall be
reviewed and approved with the final development plan and final plat and shall be used as the
leading examples bv the Building Department to verifv that homes subrnitted for buildmg
permit complv with the approved architectural concepts.
24. The subrnittal of the building permit application to the City for each home within the
development shall be accornpanied by an approval letter frorn the Architectural Control
Committee. Building permits applications that do not have an apprmalletter attached will nut
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K:IPlanning DeptlEagle ApplicationslSUBSl2006\Alderwood No.2 ccLdoc
be accepted.
25. The applicant shall install "No Parking" signs along one side of the internal roadways and
cross access alleys, prior to the issuance of any building permits.
26. The applicant shall provide a letter from the entity with jurisdiction over the Ballantyne Ditch
regarding approval of any landscape irnprovements or tiling of the ditch that runs westerly
through the property.
27. The applicant shall submit a design review application showing proposed subdivision signage
and a landscape plan showing perimeter fencing (if proposed), street trees, common area
landscaping, and benning, fencing, and planting details within the required 75-foot wide;
buffer area (unless an alternate method of compliance is approved by the Board) along State
Highway 44 abutting this site for review and approval by the Design Review Board prior to
submittal of a final development plan/final plat application.
28. The applicant shall submit a design review application showing proposed landscaping to be
located adjacent to the rear of the houses and adjacent to the 20-foot wide paved access
easement (to provide variety between the houses) for review and approval by the Design
Review Board prior to submittal of a final development plan/final plat.
29. All living trees shall be preserved, unless otherwise determined by the Clly Forcster and City
Council. A detailed landscape plan showing how the trees will be integrated into the open
space areas or private lots (unless approved for removal by the City Forester and the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a
final plat. The applicant shall have an on-site meeting with the City Forester to survey all
existing trees. Subsequent to the on-site meeting, construction fencing shall be installed
(pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to
the commencement of any construction on the site. The two Thornless Honey Locusts and one
Silver Maple tree may be removed and the value of $45,800 shall be paid into the Tree Fund
prior to the City Clerk signin~ the final plat.
30. The applicant shall construct 6-foot wide pathways within the developrnent to provide greater
pedestrian connectivity between sections of the development and adjacent development. All
details of the pathways within the development should be reviewed and approved and
approved by the Design ReVIew Board prior to the submittal of a final development plan/final
plat application.
3 I. U seable park arnenities such as, picnic tables, gazebos, swing sets, basketball courts, ball
fields and/or similar arnenities as determined by the City Council shall be provided within the
open space areas. Landscape plans showing open space amenities shall also be reviewed and
approved by the Design Review Board prior to submittal of a final development plan/final
plat. The comrnon areas shall include active recreation amenities.
32. The developer shall provide 3-inch minimurn caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets within this
developrnent. Trees shall be placed at the front of each lot generally located on each side lot
line. The trees shall be located in the 8.5-foot wide landscape strip between the sidewalk and
the curb. Prior to the City Clerk signing the final plat for each phase, the applicant shall either
install the required trees, sod, and irrigation or provide the City with a letter of credit for 150%
of the cost of the installation of all landscape and irrigation improvements within the 8.5-foot
wide landscape strip. Trees shall be installed prior to obtaining any occupancy permits for the
homes. A temporary occupancy may be issued if weather does not permit landscaping.
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33. The applicant shall place a note on the final plat stating that all cornrnon areas are to be owned
and maintained by the Eudura SubdivIsion Homeowner's AssociatIon. The applicant shall
provide a copy of the CC&R, (which include a sImilar statement regardmg the common areas)
for review and appro\ al by the City attorney prior to the approval of the final plat for phasc
one. The CC&Rs for the Eudora Subdivision Homeowner's Association shall provide that the
association shall have the duty to maintain and operate all of the common landscape areas in
the subdivision in a competent and attractive manner, including the watering, mowing,
fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity.
34. In lieu of providing an on-site storage area for boats, campers and trailers, the developer shall
provide a copy of the subdivision CC&R's showing the prohibltlon of the storage of
recreational vehicles, utility trailers, etc. within the development for review by staff and the
City Attorney prior to submitting application for final development plan/final plat approval.
35. In lieu of providing a maintenance building on-site, the developer shall provide Justification on
how the maintenance of the common areas will be handled without the need of a maintenance
building the CC&R's shall show that the common areas shall be maintained by a contracted
property/landscaping company.
36. The applicant shall provide a license agreement from ACHD approving the landscaping
located within the public rights-of-way abutting and within this site, prior to the subrnittal of a
final development plan/final plat appltcation.
37. Place a note on the final plat which states that the subdjvision shall comply with Idaho Code
Section 3 I -3805 concemmg IITIgatton water.
38. Place a note on the final plat stating that direct lot access to State Highway 44 is prohibited.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirernents of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required irnprovernents shall include, but not be limited to, extending all utilities to the
platted property. The developer may subrnit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water faciltties is required prior
to the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and I.c. 39- 118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resoclrces pnor to the City Engmeer slgl1lng the tinal plat.
6. Unless septic tanks are permitit'd, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entlly servmg the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.c. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
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K:IPbnning DeptlEagle Applicalions\SUBSl2006lAlderwood No.2 ccf.doc
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
PJans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Enpneer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except wlthin a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entJty, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in wntll1g by the entlly. A Registered Engineer shall cerltfy that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(I) has been rnade in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream dnch; (2) WIll not otherwlse tnJure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such wntten approval and certiJication shall be filed wnh
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply wlth the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easernent, acceptable to the Cny
Engineer, for the purpose of installing and maintatning street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
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K:IPbnning DeptlEagk AppliealillnslSUBSl2006'Alderwood No.2 cefdoc
13. The applicant shall provide utility easements as required by the public utllity providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle FIre Department shall be subrnitted to the City prior to the City
Engineer signing the final plat. The letter shall include the followll1g comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply wIth all reqUIrements of the Fire
Departrnent.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Departrnent prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per rninute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
IS. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provtde for the use, control and mutual rnaintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney pnor to the City Engineer sIgning the final plat.
A restrictive covenant rnust be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the mall1tenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16. Should the homeowner's associatton be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall subrnlt an apphcation for Design ReVIew, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Cornmittee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
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20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22. The development shall comply with the BOise RIver Plan (if applicable) tn effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat by
the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (i f applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having junsdlctlOn pnor to the City Engtneer SIgning the tinal
plat.
25. Basements in homes in the flood plain are prohibited.
26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Cornprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
27. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtatn writtcn
confirmation of any change from the City of Eagle.
28. No public board, agency, commission, ot1icial or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the Cay Engmeer signs the final plat. The applicant shall proVIde a tinanclal guarantee of
performance in the amount of 150% of the total estirnated cost for completing any required
Improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extensIOn is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
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K:IPlanning DepllEagk AppliealionslSUBSI20061Alderwood No.2 cerdoe
31. The City's actions on the application does not grant the applicant any appropriation of water or
mterference with eXisting water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
32. Place a note on the final plat which states It1 general that surrounding land with farm uses and
related activitIes shall be protected pursuant to the Idaho Right to Farlll Act
33. The applicant shall take care to locate and protect from darnage existing utilities, pipelines and
sirnilar structures. Docurnentation indicating that "Digline" has perfOlmed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
34. Provide plans showing street lighting details for review and approval by the Zoning Adrninistrator
with the submittal of the final plat. The plans shall show how the streetlights will facilitate the
"Dark Sky" concept of lighting.
35. Any stub street whtch is expected to be extended in the future shall be provided with a sign
generally stating that, "This street is to be extended in the future".
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at the Eagle Public Library at 6:00 PM, December 13, 2005, in
compliance with the application submittal requirement of Eagle City Code. The applications for this
item were received by the City of Eagle on April 13, 2006.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published 10 accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on May 30, 2006. Notice of this public hearing was mailed to property owners within
three-hundred feet CWO-feet) of the 'ub:ect properly III accordance With the IUlullTt11ents of Title (,7.
Chapter 65, Idaho Code and Eagle City Code on, May 26, 2006. Requests for agencIes' reviews were
transmitted on April 19, 2006 in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with the Eagle City Code on June 23, 2006.
Notice of Public Hearing on the application for the Eagle City Council was published In accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on July 17,2006.
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 July 12, 2006. The site was posted in accordance with the Eagle City Code on July 28,
2006
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-02-06/PPUD-OI-06/PP-08-06) and based
upon the information provided concludes that the proposed development is in accordance with the City
of Eagle Comprehensive Plan and established goals and objectIves because:
1. That the proposed PUD is in the public interest, advances the genera] welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community because;
The intent of the Eudora Estates (a.k.a Alderwood No.2) IS to prOVide a "neo-traditional"
development similar to Alderwood VIllage located ad,lacent of this development to the east
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K:IPbnlling DeptlEagk ApplicaliDns\SUBS\2006IAlderwood No.2 ccfdoc
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area because;
The Eudora Estates (a.k.a Alderwood No.2) development provides sirnilar lots sizes and densitIes
to developments to the east.
3. That the developrnent will not be hazardous or disturbing to existing or future neighborhood uses
because;
The development will have access to West State Street. The site will be serviced by central water
and sewer.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessi ve production of traf1ic, noise, smoke, furnes, glare or odors because;
No rnaJor lrnpacts are expected as thIS development should only develop normal tra!1ic patterns
that would be related to a residential subdivision development. The proposed dwelling units on
the site will be cornpatible with existing residential units in the area.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools because;
Development of sewer, water, drainage, streets and other urban services will be provided at the
developer's expense. The infomlation provided from the agencies having Jurisdiction over the
public facilities needed for this sIte indicate that adequate public facilities exist, or are expected to
be provided as conditioned within the site specific conditions, to serve any and all uses allowed on
this property under the current zonmg;
6. That the development will not create excessive additional requirements at public cost for public
facilities and services because;
All public facilities and servIces me supplied by the developer and must be approved at the time of
Installation and before acceptance by the sewer, water, or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses.
7. That the development is proVIded with parks, ponds, open areas, areas of specIal Interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal because;
The developrnent plan was designed with consideration given to a pocket park, which provides an
opportunity for residents to congregate and socialize in a central area.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
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K:IPlanning DepllEagk Applicatl""sISUBSI2006\Alderwood No.2 ccf.doc
Access to the development will be from West Krasen Street from West State Street. The applicant
is also providing an emergency access from West State Street, which will be developed as a full
street section when the adjacent property west of the emergency access is developed. The design
and construction of the roadways and entrances is guided by the Ada County Highway District.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because:
The existing trecs that are located on the site will be preserved or upon their removal (If approved
by the City) will be replaced with an eqUlvalent amount of new trees in accordance with Eagle City
Code.
10. That the proposed development wllI be harmonious with and in accordance wllh the general
objectives or with any specific objective of the Comprehensive Plan because;
The proposed development fits well with the Comprehensive Plan since the Plan calls for
Residential Four (densities of up to four dwelling units per gross acre for this area).
I I. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8 because;
This application requests approval for a preliminary development plan and conditional use permit
as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet
the conditions herein. In addition, the development will be required to submit an application for
design review and comply with all Eagle City Codes and conditions of approval of the design
review.
12. That the benefits, cornbination of various land uses. and mterrelation,hip with the surrounding
area for this proposed development justifies any proposed deviation from any standard distnct
regulations because;
The development provides for a residential use similar to the existing "neo-traditional"
development (Alderwood Village) to the east.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-08-
06) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the density of the zoning designation of R-4
(Residential- four dwelling units per acre maximum); and
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the
Eagle City Code since the development is consistent with the Comprehensive Plan and
provide the requires improvements for a subdivision; and
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing and intended characler of the general vicinity and that such
use will not change the essential character of the same area; and
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K:IPlanning DeptlEagk ApplicationslSUBSI20061Alderwood No.2 ccf.doc
d. Will not create excessive additional requirernents at public cost for facilities and services
as the site will be served by Eagle Sewer District and will use public water to be served
from Eagle Water Company. Fire protection will be available from the Eagle Fire District
and fire hydrants will be provided as required; and
e. Will have vehicular approaches to the property designed to not create an interference with
traffic on surrounding public thoroughfares since the project is reviewed and approved the
highway district having jurisdiction and is subject to the conditions therell1; and
f. This development is in continuity with the capital improvement prograrn smce the
required public improvernents have been installed on site, or are expected to be installed
with the development of mdividual lots as conditions of approval; and
g. That based upon agency verification and written comments from the notified agencies or
as conditioned herein, thcre is adequate public financial capability to support the proposed
development; and
h. That any health, safely and environrnental problems that were brought to the
Commission's attention have been adequately addressed by the applicant or will be
conditions of final plat approval as set forth within the conditions of approval above.
5. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 14th day of November, 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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K:IPbnning DepllEagk ApplicalionslSUBSl2006\Alderwood No.2 ccfdoc