Findings - PZ - 2007 - PP-05-07 - Chester Place (Aka Catalpa Subdivision) 12-Lot/17.90 Acre/2650 N, Meridian Road
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A PRELIMINARY PLAT FOR CHESTER PLACE )
(AKA CATALPA) SUBDIVISION FOR WEST )
WIND INVESTMENTS, LLC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-05-07
The above-entitled annexation and rezone application came before the Eagle Planning and Zoning
Commission for their recommendation on April 2, 2007. The Commission continued the item to
April 16, 2007, at which time public testimony was taken and the public hearing was closed. The
Commission, having heard and taken oral and written testimony, and having duly considered the
Matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
West Wind Investments, LLC, represented by Penelope L. Riley with Treasure Valley
Engineers, is requesting approval of a preliminary plat for Chester Place (AKA Catalpa)
Subdivision, a 12-lot (9 residential, 3 common) residential subdivision. The 17.90-acre
site is located on the east side of North Meridian Road between Beacon Light and Floating
Feather Road at 2650 North Meridian Road.
B. APPLlCA TION SUBMITTAL:
A Neighborhood Meeting was held at on site at 10:00 AM, February 3, 2007, in
compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on February 7, 2007.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City ordinances on March 12, 2007, Notice of this public
hearing was mailed to property owners within three-hundred feet (300-feet) of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code on March 7, 2007. The site was posted in accordance with the Eagle
City Code on March 8, 2007. Requests for agencies' reviews were transmitted on
February 12,2007, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 13, 2007, the City Council approved an annexation and rezone from RUT
(Rural Urban Transition - Ada County Designation) to R-E (Residential Estates - one unit
per two acres maximum) with development agreement for this site (RZ-23-06).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (2 RUT (Rural Urban Transition-Ada Single Family Dwelling
units per acre County Designation) & Agricultural Uses
maximum) and
Residential Estates
Proposed No Change R-E-DA (Residential Estates with a No Change
Development Agreement)
North ofsite Residential Two (2 RUT (Rural Urban Transition-Ada Single Family, Scotch
units per acre County Designation) Subdivision
maximum) and
Residential Estates
South of site Residential Two (2 RUT (Rural Urban Transition-Ada Single Family Dwelling
units per acre County Designation) & Agricultural Uses
maximum) and
Residential Estates
East of site Residential Estates RUT (Rural Urban Transition-Ada Single Family Dwelling
County Designation) & Agricultural Uses
West ofsite Residential Estates RUT (Residential Urban Residential
Transition- Ada County
designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
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H. SITE DATA:
Total Acreage of Site - 17.90-acres
Total Number of Lots - 12
Single Family Residential - 9
Common - 3
Total Number of Units - 9
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre .48 dwelling units per acre I-unit per two acres
(maximum)
Minimum Lot Size 1.83 - acres (79,766-sq. ft.) 1 .8-acres
Minimum Lot Width 100- feet (approx.) 223-feet
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Area 0.06-acres n/a (the R-E zone is exempt
(measured as total landscaping of from minimum open space
the entire site) requirements)
Percent of Site as Common Area 0.3% (approximately) n/a (see above)
(measured as total landscaping of
the entire site)
I. GENERAL SITE DESIGN FEATURES:
Greenbelt !Pathway Areas and Landscape Screening:
The preliminary plat date stamped by the City on February 7, 2007, shows a thirty-five
foot (35') wide landscaped buffer area between North Meridian Road and a portion of the
property. The buffer area extends along North Meridian Road from North Chester Place
Drive to the north lot line boundary of Lot 1, Block I. The preliminary plat does not show
a landscaped buffer area between Lot 2, Block 1, and the adjacent North Meridian Road.
Open Space:
The preliminary plat date stamped by the City on February 7, 2007, shows a 7,1 75-square
foot landscaped buffer area adjacent to North Meridian Road.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code Section 9-3-6 requires utility easements to be not less than 12-feet wide.
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Fire Hydrants and Water Mains:
The preliminary plat shows two (2) fire hydrants located within the subdivision. The
hydrants should be installed and approved as required by the Eagle Fire District.
On-site Septic System (yes):
The property has not been annexed into the Eagle Sewer District and remains outside of
central sewer service boundaries. All homes will be constructed with street side sewer
stubs and will connect to central sewer as it becomes available.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision. The Boise River and the Ballantyne Ditch are located within the
southern portion of this site and mature trees are located adjacent to the river and ditch.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires
immediate notification to the state.
J. STREET DESIGN:
Private or Public Streets: Public
The preliminary plat date stamped by the City on February 7,2007, shows a 817-foot long
and forty foot (40') wide internal road (North Chester Place) that terminates at a sixty-two
foot (62') in diameter (from center of island) cul-de-sac. The proposed entrance to North
Chester Place off of North Meridian Road is fifty-four feet (54') wide and contains a
twelve-foot (12') wide by sixty-four foot (64') long island.
Applicant's Justification for Private Streets (if proposed): None
Blocks Less Than 500': None
Cul-de-sac Design:
One 817-foot long and forty foot (40') wide internal road (North Chester Place) that
terminates at a sixty-two foot (62') in diameter (from center of island) cul-de-sac.
Sidewalks:
The preliminary plat date stamped by the City on February 7, 2007 shows a five foot (5')
sidewalk that runs the length ofthe property along North Meridian Road. The applicant is
proposing a four foot (4') wide striped path along both sides of North Chester Place.
Curbs and Gutters:
The applicant is proposing 3 foot (3') drainage swales on both sides of the internal road
North Chester Place.
Lighting:
Lighting for the proposed public streets and commercial parking areas is required.
Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be
provided to the City Zoning Administrator prior to the submittal of the final plat. Any
modifications made to the lights shall be completed before the final plat approval.
Street Names:
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The Ada County Street Name Committee has reviewed and approved the subdivision
existing street names.
K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
The applicant is proposing a four foot (4') wide striped path along both sides of North
Chester Place.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
According to the preliminary plat date stamped by the City on February 7, 2007 no
designated bike paths are proposed except for the four foot (4') striped bike/pedestrian
section along both sides of North Chester Place.
L. PUBLIC USES PROPOSED: None
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: n/a
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated March 23, 2007, are of
special concern (see attached).
Ada County Highway District
Central District Health
Chevron Pipeline
Department of Environmental Quality
Eagle Sewer District
Joint School District No.2
Q. LETTERS FROM THE PUBLIC: none received to date
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R. COMMENTS FROM THE CITY FORESTER:
All comments within the City Forester's letters dated March 23, 2007, are of special
concern (see attached).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates
this site as:
Residential Estates
Suitable primarily for single family residential development on acreages that may be in
transition from agricultural to residential use or may combine small scale agricultural uses with
residential uses.
Chapter 1 - Overview
1.1 The purpose of the Eagle Comprehensive Plan is to promote the health, safety,
and general welfare of the people of the City of Eagle and its Impact Area as
follows:
b. To ensure that adequate public facilities and servtces 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.
\. To protect fish, wildlife, and recreation resources.
Chapter 6 - Land Use
6.7 Implementation Strategies
b. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, fire, recreation areas, highways and
transportation systems.
1. Farm related uses and activities should be protected from land use conflicts or
interference created by residential, commercial, or industrial development.
The Idaho Right To Farm Act should be promoted.
Chapter 8 Transportation
8.2.4 Collectors
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Access Function
To provide limited and controlled access to commercial and industrial
areas and to residential neighborhoods.
8.6 Implementation Strategies
e. Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle TransportationlPathway
Network Maps #1 and #2, #3 adopted local and regional pathway plans, as may
be needed for intra-neighborhood connectivity and to ensure that bike and
pedestrian traffic is not unnecessarily pushed out onto arterials and collectors.
o. Encourage arterial and collector roadway design criteria consistent with the
rural nature of planned and existing developments generally within the areas
designated on the Land Use Map as Residential Rural (one dwelling unit per
five acres maximum) and Residential Estates (one dwelling unit per two acres
maximum) (see list of roadways below). Such designs should include the
following:
I. Vertical Curbs should not be permitted, except where may be required
by ACHD. Where curbs are needed, flat or rolled curbs should be
encouraged.
2. Sidewalks and/or pathways should meander and be separated from any
roadway edge or curb to allow for added pedestrian safety.
Topography, trees, ditches and/or similar features may limit the
distance between sidewalks and/or pathways and the roadway
edge. Easements may be needed if portions of the sidewalk and/or
pathway is to be located outside of the right-of-way.
3. Unless otherwise determined by ACHD to be necessary for public
safety, roadways should be a maximum of two lanes with a center turn
lane only at driveways and/or street intersections that are expected to
generate a minimum of 1000 vehicle trips per day, or where
determined to be necessary for safety by ACHD. Any portion of a
center turn lane which is not used for such a driveway or intersection
should be landscaped. Such landscaped medians would need to be
maintained by the City and would require a license agreement with
the highway district having jurisdiction.
4. The roadways should be constructed to provide a bike lane on both
sides of the roadway.
5. A minimum building setback ordinance resulting in a setback of
approximately ] 25-feet from the roadway centerline should be
considered to be adopted by the City.
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For purposes of this section [8.6 (0)], roadways should include, but are not limited to:
. Homer Road
. Beacon Light Road
. Floating Feather Road (from Eagle Road east to the Impact Area boundary)
. Park Lane
. Meridian Road
. Ballantyne Road
Chapter 12 - Community Design
12.4 Implementation Strategies
a. Establish and maintain a development pattern and design criteria in keeping
with the rural transitional identity of Eagle. This includes growth within the
Impact Area that discourages or precludes the establishment of other City
centers.
g. New residential, commercial, and industrial development shall be required to
meet minimum design standards as specified by City Ordinances.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code, Section 8-1-2 defines "Through Lot" as:
Lot Types: Terminology used in this title with reference to corner lots, interior lots and
through lots is as follows:
Through Lot: A lot other than a corner lot with frontage on more than one street. Through
lots abutting two (2) streets may be referred to as double frontage lots.
. Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the
zoning districts have been formulated to realize the general purposes as set forth in this
title. In addition, the specific purpose of each zoning district shall be as follows:
R-E (one unit per two acres maximum):
To provide opportunities for a very low density residential land use compatible with the
topography and public service capacities. Gross density shall not exceed one single-family
dwelling unit per two (2) acres. (Ord. 298, ] 0-14-1997)
. Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for the
MU (Mixed Use) zone:
Zoning Maximum Front Rear Interior Street
District Height Side Side
Maxirnum
Lot
Covered
Minirnum
Lot Area
(Acres Or
Sq. Ft.) G
And H*
111.8-acres 11100'
Minirnum
Lot
Width 1*
IR-E 1135'
1120%
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C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
9-3-2 Streets and Alleys:
9-3-2-1: Location:
Street and road location shall conform to the following standards:
C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of
streets in new subdivisions shall be such that said streets extend to the
boundary line of the tract to make provisions for the future extension of said
streets into adjacent areas, and shall have a cul-de-sac or temporary cul-de-
sac. A reserve street may be required and held in public ownership.
G. In zoning districts which prohibit densities greater than one dwelling unit per
two (2) acres, cul-de-sac streets up to a maximum of one thousand five
hundred feet (1,500') in length may be permitted by the city if approved by the
fire department and the highway district having jurisdiction. No more than
twenty (20) dwelling units shall be permitted on said cul-de-sac.
9-3-2-2: Street Widths:
A. Street and road right of way widths, grade, alignment, and so forth, shall
conform to the adopted major street plan or comprehensive plan and shall be
approved by the highway district and/or other agency having jurisdiction.
9-3-2-3: Intersections:
Intersections shall conform to the following standards:
A. Angle OfIntersection: Angles of street and driveway intersections shall be
approved by the highway district having jurisdiction.
B. Sight Triangles: Minimum clear sight distance at all street and driveway
intersections shall be approved by the highway district having jurisdiction.
9-3-5: Lots:
Lots shall conform to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the
official height and area regulations as set forth in section 8-2-4 of this code.
9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot
lines and side lot lines when deemed necessary. Total easement width shall
not be less than twelve feet (12').
B. Unobstructed drainageway easements shall be provided as required by the city
council.
C. All natural drainage courses shall be left undisturbed or be improved in a
manner which will improve the hydraulics and ease of maintenance of the
channel.
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9-3-8: Public Sites and Open Spaces:
Public sites and open spaces shall conform to the following standards:
A. Public Uses: Where it is determined that a proposed park, playground, school
or other public use as shown on the future acquisition map, as authorized in
section 67-6517, Idaho Code, is located in whole or in part within a proposed
subdivision, the city council shall notify the appropriate public agency
concerning the land proposed to be acquired. Within thirty (30) days of the
date of notice, the public agency may request the governing body to suspend
consideration on the subdivision for sixty (60) days, the city council shall
resume consideration of the subdivision.
. Eagle City Code, Chapter 4, Required Improvements
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.
9-4-1-2: Streets and Alleys:
All streets and alleys shall be constructed in accordance with the standards and
specifications adopted by the Ada County highway district.
9-4-1-3: Curbs and Gutters:
A. Generally:
3. All construction shall be in accordance with the standards and
specifications adopted by the Ada County highway district.
9-4-1-5: Streetlights:
All subdividers within the city limits and within the area of city impact shall be
required to install, at the subdividers' expense, streetlights in accordance with city
specifications and standards at locations designated by the "administrator" (as
defined by section 9-1-6 of this title, or hislher representative, hereinafter referred
to as "administrator"). After installation and acceptance by the administrator, the
city shall have the right to pay the cost of maintenance and power and assume
ownership of the streetlights.
9-4-1-6: PedestrianlBicycle and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonmotorized
forms of travel, and to provide safe, convenient and aesthetic alternative travel
routes to common destinations such as schools, parks, shopping centers, etc.
The following factors will be considered in the placement of any pathway: the
utility and need for a given pathway, impacts to existing neighborhoods,
compliance with the transportation/pathway network maps within the
comprehensive plan, pathway design as it relates to both crime prevention and
function, and the responsibilities of ownership, maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways, (except in
cases where it is shown to be inappropriate), that provides access to adjacent:
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d. Neighborhoods;
g. Transportation or other community facilities, and vacant parcels, held
either publicly or privately which could provide future neighborhood
connection(s) to the above noted sites; and
h. In similar cases where deemed appropriate.
E. Responsibility: The following provisions are intended to provide guidance to
those entities that are responsible for construction, maintenance and/or
liability for a pathway. Installation costs, which may include construction of
the paved path, are the responsibility of the developer.
F. Sidewalk Design:
I. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of
the street; except, that where the average width of lots, as measured at the
street frontage line or at the building setback line, is over one hundred feet
(J 00'), sidewalks on only one side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in
accordance with the standards and specifications of the Ada County highway
district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or
back of curb by a minimum five foot (5') wide landscape strip. The landscape
strip shall be completed with sod, automatic irrigation, and planted with three
inch (3") minimum caliper shade class trees along all streets within the
subdivision. Installation of landscaping shall be in accordance with section 8-
2A-7 ofthis code.
9-4-1-8: Underground Utilities:
Underground utilities are required.
9-4-1-9: Water Supply and Sewer Systems:
A. Construction; Extension: All public water supply or sewer systems (serving 2
or more separate premises or households) shall be constructed in accordance
with any adopted local plans and specifications. All new public water supply
or sewer systems shall be an extension of an existing public system whenever
possible. In the event that the proposed public water supply or sewer system is
not an extension of an existing public system, there shall be a showing by the
subdivider that the extension is not feasible and not in the best interest of the
pub lic.
9-4-1-10: Storm Drainage, Flood Controls:
A. Adequate Storm Drainage System: An adequate storm drainage system to
accommodate storm water runoff from the public rights of way shall be
required in all subdivisions. The requirements for each particular subdivision
shall be established by the Ada County highway district and/or the Idaho
transportation department, and construction shall follow the specifications and
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procedures established by said Ada County highway district or Idaho
transportation department.
C. Curb, Gutter And Pavement Design: Curb, gutter and pavement design shall
be such that water on roadways is prevented from flowing off the roadway.
F. Deposit Of Waste Material Prohibited: Waste material from construction,
including soil and other solid materials, shall not be deposited within the 100-
year floodplain.
N. Drainage System Plans: Drainage system plans shall show how lots will be
graded so that all runoff runs either over the curb, or to a drainage easement,
and that no runoff shall cross any lot line onto another lot except within a
drainage easement.
9-4-1-11: Fire Hydrants and Water Mains:
Adequate fire protection shall be required in accordance with the appropriate fire
district standards.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERNING
REGARDING THIS PROPOSAL:
2.1 The development shall comply with the Eagle City Code, as it exists in final form at the time a
building permit is submitted, along all with all of the conditions as provided within this
development agreement.
2.2 The maximum overall density of the property shall not exceed one (1) unit per two (2) acres.
2.3 Any homes constructed on the site shall be constructed with sewer stubs to be located at the
foundation of the house, on the street side.
2.4 Upon redevelopment of this site, the driveway access to the existing garage at 2650 North
Meridian Road shall be abandoned. The driveway shall be removed prior to the issuance of any
building permits for new homes within any subdivision on the property.
2.5 Upon connection to central water, the existing wells for the property located at 2650 North
Meridian Road and 2421 North Meridian Road shall be abandoned. Central District Health
Department approval is required for the abandonment of the existing wells on the property.
2.6 The existing structures located at 2421 and 2650 North Meridian Road shall be required to
connect to central water upon failure of wells.
E. DISCUSSION:
. The applicant is requesting preliminary plat approval for Chester Place (Catalpa)
Subdivision, a 17.90 acre subdivision with nine (9) residential and three (3) common area
lots within an R-E (Residential Estates - one unit per two acres maximum) zone. Two (2)
structures (house and barn) are currently located on Lot 2, Block 1, of the proposed
subdivision. The existing house meets all setback requirements for the R-E (Residential
Estates - one unit per two acres maximum) zone, and the barn is proposed to be moved to
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meet the rear setback requirements for the R-E zone.
. According to the preliminary plat date stamped by the City on February 7, 2007, there is
an existing structure located on the northeast section of Lot 2, Block I. This structure will
be in violation of the thirty foot (30') rear setback requirements for the R-E (Residential -
one unit per two acres maximum) zone. The preliminary plat does indicate that the
structure will be moved to accommodate the setbacks for this zone.
. The preliminary plat date stamped by the City on February 7, 2007, shows a five foot (5')
wide sidewalk along the property and adjacent to North Meridian Road. The sidewalk
should be slightly meandering and detached at least nine feet (9') from North Meridian
road (edge of pavement). The applicant should provide a revised preliminary plat showing
the five foot (5') wide sidewalk along North Meridian Road to be slightly meandering and
detached at least nine feet (9') from the edge of the road prior to submitting a final plat
application.
. The preliminary plat date stamped by the City on February 7, 2007, does not show a
landscaped buffer area between North Meridian Road and Lot 2, Block 1. Staff
recognizes that a septic drain field exists along the southwest section of Lot 2, Block 1,
which prevents the planting of trees in this area; however grass and shrubs can be planted
in this area. The applicant should provide a revised preliminary plat showing a minimum
twenty five foot (25') wide landscaped buffer between North Meridian Road and Lot 2,
Block I, and complete an Alternate Method of Compliance application for the drain field
section for review and approval by the Design Review Board prior to submittal of a final
plat application.
. The preliminary plat date stamped by the City on February 7, 2007, shows four foot (4')
wide striped walking paths along both sides ofthe internal public road (North Chester
Place). For better pedestrian connectivity to future adjacent developments the applicant
should provide a revised preliminary plat that shows a five foot (5') wide detached
sidewalk along the south side of the proposed internal public road and that connects to the
proposed stub street for review and approval by the Design Review Board prior to
submittal of a final plat application.
. The existing power utilities to the site are located overhead. Per Eagle City Code,
underground utilities are required. The applicant should be required to place all utilities
underground prior to the City Clerk signing the final plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
preliminary plat application with the conditions of approval to be placed within a development
agreement as noted 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 April 2,
2007. The Commission continued the item to April 16, 2007, at which time public testimony was
taken and the public hearing was closed. The Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented by no one.
COMMISSION DECISION:
The Commission voted 4 to 1 (McCarrell against) to recommend approval of PP-05-07 for a
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preliminary plat for West Wind Investments, LLC with the following staff recommended
conditions to be placed within a development agreement with underlined text to be added by the
commission and text shown with strike through to be deleted by the commission. Commissioner
McCarrell wanted the condition for the sidewalk to remain.
I. Comply with all conditions within the development agreement for rezone application RZ-23-06.
2. The maximum overall density of the property shall not exceed one (I) unit per two (2) acres.
3. Comply with all requirements of the City Engineer that are consistent with these findings.
4. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
5. Pre'.ide a revised prelilRiaary plat showiRg all iRtemal street eress seetiElRs witll aR eigllt foot (8')
'.vide laRdssape strip OR the side of the street with a side'Nalk prier to slfBlRittiRg a desigR review
applieatioR.
6. TRe applisaftt sllall previae a [<wised prelilRiRary plat that sllews a five foet (5') wide detllslled
sidewalk with aft eight foot (8') plaRter strip aleRg tile selftll side sf tile J'lfoposed iAtemal pllblie
roatl tllat eoRRests to tile jlroposea StlfB street for review aftd apjlreval by tile DesigR Revie'l\'
Beara prior te slfBlRittal sf a fiRal jllat ajljllieatioA.
7. The applicant shall provide a revised preliminary plat showing the five foot (5') wide sidewalk
along North Meridian Road to be slightly meandering and detached at least nine feet (9') from the
edge of the road prior to submitting a final plat application.
8. The applicant shall provide a revised preliminary plat showing a minimum twenty five foot (25')
wide landscaped buffer between North Meridian Road and Lot 2, Block I, and complete an
Alternate Method of Compliance application for the drain field section for review and approval
by the Design Review Board prior to submittal of a final plat application.
9. Any homes constructed on the site shall be constructed with sewer stubs to be located at the
foundation ofthe house, on the street side.
10. The existing structure (located at 2421 North Meridian Road) shall be required to connect to
central water upon failure of the well.
11. The existing structure located on the north-east section of Lot 2, Block I shall be moved or
removed to accommodate the rear setback requirements (30') for the R-E (Residential Estates -
one unit per two acres maximum) zone prior to receiving a zoning permit.
12. Upon connection to central water, the existing wells for the property located at 2650 North
Meridian Road and 2421 North Meridian Road shall be abandoned. Central District Health
Department approval is required for the abandonment of the existing wells on the property.
13. The driveway access to the existing gamge barn at 2650 North Meridian Road shall be
abandoned. The driveway shall be removed prior to the issuance of any building permits for new
homes within the subdivision.
14. The developer shall provide 3-inch mmlmum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along the side of the street that has a
sidewalk within this development. Trees shall be placed at the front of each lot generally at each
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K:IPlanning DeptlEagle ApplicationslSUBS\20071Chester Place pzf.doc
side property line and the drive aisles, or as approved by the Design Review Board. The trees
shall be located in an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and
the curb. Prior to the City Clerk signing the final plat the applicant shall either install the required
trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the
installation of all landscape and irrigation improvements. Trees shall be installed prior to
obtaining any occupancy permits for the dwelling units. A temporary occupancy may be issued if
weather does not permit landscaping.
15. Chester Place Subdivision shall remain under the control of one Homeowners Association.
16. 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 City Clerk signing the
final plat.
17. The applicant shall provide a landscape plan showing berming, fencing, and planting details
within the twenty five foot (25') wide buffer area along North Meridian Road abutting this site
for review and approval by the Design Review Board, prior to the applicant submitting final plat
application.
18. Provide a clause in the CC&Rs that requires one homeowners association to maintain in
perpetuity all swales (borrow ditches) located within the development. The clause shall further
state that the swales (borrow ditches) are not to be filled with soil or other material that would
block proper drainage, The applicant shall provide a copy of the CC&Rs for review and
approval, prior to the applicant submitting final plat application.
19. Place a note on the final plat and a clause in the CC&Rs that requires one homeowners
association to maintain in perpetuity all common lots located within the development. The
applicant shall provide a copy of the CC&Rs for review and approval, prior to the applicant
submitting final plat application.
20. Place a note on the final plat and a clause in the CC&Rs that requires one homeowners
association to maintain in perpetuity the pressurized irrigation system. The applicant shall
provide a copy ofthe CC&Rs for review and approval, prior to the applicant submitting final plat
application.
21. The applicant shall submit a design review application showing: 1) proposed subdivision signage,
2) planting details within the proposed common areas throughout the subdivision 3) building
elevations for the irrigation pump house, 4) landscape screening details of the irrigation pump
house. The design review application shall be reviewed and approved by the Design Review
Board prior to the submittal of a final plat application.
22. All street names shall comply with the requirements of the Ada County Street Naming
Committee.
23. All overhead utilities on the site shall be removed and placed underground, prior to the issuance
of any building permits for the site.
24. Place a note on the final plat which states that the subdivision shall comply with Idaho Code
Section 31-3805 concerning irrigation water.
25. Provide a revised preliminarv plat showing an access easement to the existing pump house prior
to submittal of final plat application.
CONCLUSIONS OF LAW:
I. A Neighborhood Meeting was held at 10:30 AM, February 3, 2007, at the site in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received by
Page 15 of 17gK:\Planning DeptlEagle ApplicationslSUBS\20071Chester Place pzrdoc
the City of Eagle on February 7, 2007.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on March 12,2007. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on March 7, 2007. The site was posted in accordance
with the Eagle City Code on March 8, 2007. Requests for agencies' reviews were transmitted on
February 12, 2007, in accordance with the requirements ofthe Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-05-07) 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 approved zoning designation of R-E-DA
(one dwelling unit per two acres with a development agreement).
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 Land Use Map
designation of Residential Estates (one dwelling unit per two acres in this planning area) and
provides the required improvements for a subdivision or as may be conditioned herein; and
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use
will not change the essential character of the same area and because this site will be designed
in accordance with the standards of Eagle City Code and the Eagle Architecture and Site
Design book (EASD); and
d. Will not create excessive additional requirements at public cost for facilities and services as
the site will use public water to be served from the United Water municipal water system. Fire
protection will be available from the Eagle Fire District and fire hydrants will be provided
where 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 required to be reviewed and
approved by Ada County Highway District and is subject to the conditions herein;
f. The proposed development will provide continuity with the capital improvement plan for
municipal water through a memorandum of agreement for providing water from United Water
municipal water system;
g. That based upon agency verification and additional written comments of the Eagle Fire
Department, United Water Company, and the Ada County Highway District, or as conditioned
herein, there is adequate public financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of the
preliminary plat and subsequent final plat approval as set forth within the conditions of
approval herein.
Page 16 of 17
K:IPlanning DeptlEagle ApplicationslSUBS\2007\Chester Place pzfdoc
DATED this 16th day of April, 2007
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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ATTEST:
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-Sharon . Bergmann, Eagle City Cle
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Page 17 of 17
K:\Planning DeptlEagle ApplicationslSUBS\2007\Chester Place pzfl.doc