Findings - PZ - 2007 - A-07-07/RZ-09-07/CU-06-07/PPUD-04-07/PP-11-07 - Rz From Rut, Ps-Da To R2-Da-P/1.62 Units/Stillwater Pud/53-Lot/28.93 Acre/2505 W Stat
OR'--' . L
I~; i'"M
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
AN ANNEXATION, REZONE WITH DEVELOPMENT )
AGREEMENT FROM RUT AND PS-DA TO R-2-DA-P, )
CONDITIONAL USE PERMIT, PRELIMINARY )
DEVELOPMENT PLAN AND PRELIMINARY PLAT )
FOR STILLWATER PLANNED UNIT DEVELOPMENT )
FOR TRI CEDARS MANAGEMENT, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-07-071RZ-09-07/CU-06-07/PPUD-04-07/PP_ll_07
The above-entitled annexation, rezone with development agreement, conditional use, preliminary
development plan, and preliminary plat applications came before the Eagle Planning and Zoning
Commission for their recommendation on August 20,2007. 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:
Tri Cedars Management Co. LLC, represented by David McKinnon with Conger
Management, is requesting annexation and rezone from RUT (Rural Urban Transition)
and PS-DA (Public/Semi-public with a development agreement) to R-2-DA-P
(Residential- 1.62 units per acre with a development agreement _ Planned Unit
Development) and A-R (Agricultural Residential - up to I unit per 5-acres) and
preliminary development plan, conditional use permit and preliminary plat approval for
Stillwater Planned Unit Development, a 53-lot (47 buildable, 4 common, 2 R.O. W.
dedicated lots) planned residential development. The 28.93-acre site is located
approximately 1,300 feet west of West Ballantyne Road on the south side of West State
Street (SH 44) at 2505 West State Street (SH 44).
B. APPLICA nON SUBMITTAL:
A Neighborhood Meeting was held at Rembrandts Coffee House at 6:00 PM, Thursday,
December 14, 2006, in compliance with the application submittal requirement of Eagle
City Code. The applications for this item were received by the City of Eagle on March 15,
2007. A revised preliminary development plan/preliminary plat was received by the City
on August 6, 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 requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on July 30,2007. 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 July 27, 2007. The site was posted in accordance with the Eagle City Code on
August 8, 2007. Requests for agencies' reviews were transmitted on May 21,2007 in
accordance with the requirements of the Eagle City Code.
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D. HISTORY OF PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up RUT (Rural Urban Agricultural
to two units per acre) Transitional-Ada County
designation)
PS-DA (Public/Semi-
public with a
development agreement)
Proposed Residential Two (up R-2-P-DA-P (Residential, Single Family, Residential _
to two units per acre) 1.62 units per acre -with Planned Unit Development
development agreement-
Planned Unit
Development)
North ofsite Residential One (up A-R (Agricultural Residential and agricultural
to one un it per acre) Residential) (Timberland Subdivision
R-I (Residential, one unit and Countryside Estates
per acre maximum) Subdivision)
South ofsite Residential Two (up RUT (Rural Urban Agricultural/Boise River
to two units per acre) Transitional-Ada County
designation)
East of site Residential Two (up PS-DA (Public/Semi- Central sewer facility (Eagle
to two units per acre) Public with development Sewer District)
agreement)
West ofsite Residential One (up RI (Residential-Ada Residential/Agricultural
to one unit per acre) County designation)
RUT (Residential Urban
Transition-Ada County
designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site - 28.93-acres
Total Number of Lots - 53
Residential - 46
Common - 4
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Total Number of Units - 46
Misc. - I (Block 2, Lot 19 to be removed from plat, see
discussion)
R.O.W. Dedicated Lots - 2
Single-family - 46
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.62 2-units per acre
(maximum).
Minimum Lot Size 10,424-square feet 17,000 square feet
(Except that a decrease of
minimum lot size in a
subdivision may be allowed if
there is an offsetting increase of
the same square-footage in open
space and a planned unit
development is applied for and
approved) - per ECC Section 8-
2-4 (G)).
Minimum Lot Width 75-feet 75-feet
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Lots 7.3-acres (approximately) 6.62-acres (minimum)
(2.89-acres for 10%
minimum plus 3. 73-acres
for lots smaller than the
minimum - per ECC
Section 8-2-4 (G)
Except that, according to ECC
Section 9-3-8 (C) the City may
require additional public andlor
private park or open space
facilities in PUDs or in
subdivisions with 50 or more
lots.)
Percent of Site as Common Area 25% (approximately) not 22.8% (minimum-see
including required planter above)
strips on internal roads (Except that, according to ECC
Section 9-3-8 (C) the City may
require additional public andlor
private park or open space
facilities in PUDs or in
subdivisions with 50 or more
lots.)
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I. GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
The proposed PUD will provide a total of 7.3-acres (25%) of common area. The common
area provides a combination of linear pathways and gathering places (recreation/picnic
areas). 10% minimum open space is required except that, per ECC Section 9-3-8 (C) the
City may require additional public and/or private park or open space facilities in PUDs or
in subdivisions with 50 or more lots.
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 unobstructed utility easements to be not less than
12 feet wide. Irrigation water will be provided from existing groundwater and surface
water rights on the property.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) - Yes, the existing house that was removed from the site.
Preservation of Existing Natural Features:
The property is situated adjacent to the Boise River corridor and contains an abundance of
mature riparian vegetation and wildlife habitat.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
J. STREET DESIGN:
Public Streets:
According to the preliminary plat/preliminary development plan date stamped by the City
on August 6,2007, the applicant is proposing an internal public road that will access the
proposed Stillwater Subdivision from West State Street (SH 44). The entrance to the site
will be on property acquired from the Eagle Sewer District and is planned to align with
the future re-alignment of Ballantyne Lane on the north side of West State Street (SH
44). The applicant has proposed a stub street to be locate on the west section of the
development 683-feet (approximately) south of West State Street (SH 44). The stub
street will provide future access to development to the west.
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Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: No cul-de-sacs are proposed with this development.
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting both sides of all
interior roadways, including the main entrance from State Street (SH 44).
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street name should be approved by the Ada County Street Name Committee prior to final
plat approval. Any modifications of street names shall be completed before final plat
approval.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian walkways are provided through a multi-purpose pathway system and the
detached sidewalk system. The pathway system will also connect existing and future
residential developments on the adjacent parcels to the west. The applicant is proposing a
pathway system that will connect into pathway easements to the north and south of the
property and along the Boise River as shown in the 2007 Comprehensive Plan
TransportationlPathway Network Map #1 of2.
The applicant will provide the City a detailed pathway plan (including cross sections) for
the development which will be reviewed by the City Parks and Pathways Development
Committee prior to the submittal of a Design Review application.
Bike Paths:
Cyclists will have access to the proposed pathway system throughout the development.
According to the preliminary plat/preliminary development plan date stamped by the City
on August 6, 2007, there are no designated bicycle paths.
Eagle City Code section 9-4- I -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.
L. PUBLIC USES PROPOSED:
See "Open Space" noted above.
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M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - yes, Boise River Corridor and riparian habitat
Evidence of Erosion - no
Fish Habitat - yes
Floodplain - yes
Mature Trees - yes
Riparian Vegetation - yes
Steep Slopes - no
Stream/Creek - yes (Boise River corridor)
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - yes (Riparian, Boise River corridor)
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
The applicant has submitted an Environmental Assessment Plan (included within the staff
report). The environmental assessment plan is being reviewed by the City Engineer.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated April 23, 2007, and August I,
2007, are of special concern (attached to the staff report).
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Q. LETTERS FROM THE PUBLIC: None received to date.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant states in the narrative that the development is proposed to develop in one
phase and that development will occur sometime in the Fall of 2007. The applicant
estimates that it will take 6- I 0 months to complete the installation of infrastructure, roads
and landscaping.
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
I. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
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appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
1 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.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
STAFF ANALYSIS:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· The Comprehensive Plan Land Use Map designates this site as Residential Two, suitable primarily
for single-family residential development within areas that are rural in character. Residential
density of up to two 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.
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1.3 The City of Eagle Vision Statement
b. interconnected with user-friendly pathways and roadways;
Chapter 4 - Schools, Public Services and Utilities
4. I Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special districts
provide the basic services of water, sewer, school, police, fire and library to
residents. With Eagle's growing population comes the need for increased public
services and the necessity to improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded
plays an important role in the location and intensity of future housing, commercial
and industrial development. Since the City of Eagle depends on outside providers,
it must be involved in any plans that will effect the community. Service providers
currently include:
· The Eagle Sewer District provides sewer service within a designated sewer
service area.
· The Meridian and Boise School Districts provide K-12 education.
· United Water, Eagle Water Company, and the City provide water to Eagle
residents. Some private water systems and wells are also used.
· Private canal companies and drainage districts provide irrigation water and
drainage water management.
4.27 Other Services and Utilities
Pressure Irrigation
The City of Eagle currently requires the installation of pressurized irrigation
systems for the irrigation of landscaping when new development is within an
irrigation district and water rights are available.
Chapter 6- Land Use
6.3 Land Use Designations
Residential Two
Suitable primarily for single family residential development within areas that are
rural in character.
6.5 Goal
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To preserve the rural transitional identity.
6.6 Objectives
a. To encourage the preservation of open spaces.
6.7 Implementation Strategies
b. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, fire, recreational areas, highways and
transportation systems.
k. Protect gravity flow irrigation systems including canals, laterals and ditches to
assure continued delivery of irrigation water to all land serviced by such
systems, to protect irrigation systems as a long range economical method for
water delivery and to coordinate surface water drainage to be compatible with
irrigation systems.
I. Farm related uses and activities should be protected from land use conflicts or
interference created by residential, commercial, or industrial development.
The Idaho Right To Farm Act should be promoted.
Chapter 8 - Transportation
8. I Background (reads in part)
Transportation planning and land use planning should be compatible with Eagle's
transportation system and should take into account projected land use as depicted on
the Eagle Land Use Map.
8.2. I Principal Arterial
Mobility Function:
The primary function of a principal arterial is to provide major
circulation and movement through urban areas and to connect with
major activity centers and freeways. A principal arterial may serve
motorized and non-motorized transportation needs and may include
up to seen vehicular traffic lanes.
Access Function:
Access from other roadways is controlled and subordinate to traffic
on the principal arterial street. Direct lot access is typically prohibited
or severely restricted.
Right-of-Way:
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Rights-of-way are determined by the Ada County Highway District
which should seriously consider recommendations provided by the
City.
8.3.0 City of Eagle Functional Pathway Classifications
An effective pathway system should include a combination of Paths and
Lanes. The City of Eagle TransportationlPathway Network Maps #1 and #2
illustrates the various classifications and locations which are included in the
pathway system and described as follows:
8.3.2 Bike Lanes
Function:
Primarily used as a lane for bicycles and other non-motorized uses.
Location:
Bike Lanes usually exist on the same pavement surface as motorized
lanes. Arterials and collectors should be provided with bike lanes on
each side of the roadway.
8.5 Objective
Encourage alternative transportation forms such as walking and biking.
8.6 Implementation Strategies
m. Establish and require minimum setbacks between developments and roadways
and to encourage installation of berms and landscaping for all developments to
enhance safety and to enrich the roadway and community appearance.
p. Encourage sidewalks that are separated from the curb on all streets, except for
areas where Eagle City Code requires sidewalks to abut the curb and where
existing buildings, inordinate environmental impacts, or other impacts make
setting the sidewalk back infeasible. Meandering sidewalks should be required
where space permits. A planter strip of sufficient width for street trees between
the sidewalk and roadway should be required to provide a canopy effect over the
roadways. The type of street trees used should be those which have root systems
that have proven to not cause sidewalk or curb damage when in close proximity to
such improvements.
Chapter 9 - Parks, Recreation and Open Spaces
9.5 Pathways And Greenbelts (reads in part)
Pathways are nonmotorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part ofa roadway.
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9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian
and bicycle friendly community.
b. To provide a network of central and neighborhood paths where
residents are able to safely access and utilize pathways for alternative
forms of transportation.
e. All development should provide developed pathways for connection
to Eagle's public pathway system and/or adjoining development's
public pathway system.
9.6 Open Space
Open space is land which is not used for buildings or structures and offers
opportunities for parks, recreation, water amenities, greenbelts, river trails and
pathways, tourism, leisure activities, viewpoints, and wildlife habitat.
9.6.1 GOAL
To provide wherever possible open space and natural features such as
natural river frontage, greenbelts, river trails and pathways, creeks, flood
plains and flood ways, drainage ways and canals, development buffers,
wooded areas, grasslands, foothills, and viewpoints for public use and
enjoyment.
9.6.2 Objectives
a. To establish open space to protect the finite resource base of Eagle's
natural environment - air, ground water, surface water, soil, forested
areas, plant and wildlife habitats, agricultural lands, and aquifer
recharge, watersheds, and wetlands.
b. To provide an open space setting for active and passive recreation for
all age groups throughout the community.
Chapter 12 - Community Design
12.1 Background and Vision
Community design is the organized fashion in which a community is developed in
order that a general mood or theme is established and maintained.
12.2 Goal
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Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· ECC Section 8- I -2 OPEN SPACE:
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
· ECC Section 8-2-4 Schedule of Building Height and Lot Area:
Zoning Maximum IFronIIIR=lln~';o< Street Maximum Minimum Lot Area Minimum
District Height Side Side Lot Covered (Acres Or Sq. Ft.) G Lot
And H* Width 1*
IR-2 1135' 1~~11O' 1120' 1140% 1117,000 acres 1175' I
· ECC Section 8-2-4(G):
A decrease of minimum lot size in a subdivision may be allowed if there is an offsetting
increase of the same square footage in open space and a planned unit development is
applied for and approved.
· ECC Section 8-2-4(H):
All lots with street side frontage, excluding lots within zoning districts A, A-R, R-E and
R-I, shall have a minimum lot area that is 10 percent larger than shown in this table.
· ECC Section 8-2-4(1):
Lot width shall be determined as follows: the distance between side lot lines measured at a
point midway between the front and rear lot lines. Minimum lot frontage, the portion of a
lot front adjacent to a public or private street, for all residential zoning districts shall be 35
feet.
· ECC Section 8-2A-7 (4) (c):
Any road designated as a principal arterial on the Ada County long range highway and
street map:
A minimum of fifty feet (75') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (IOO) linear feet of right of way: five
(6) shade trees, eight (10) evergreen trees, three (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.
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A minimum five foot (IO') high, maximum eight foot (12') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (I ') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided,
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
. ECC Section 8-6-1 Purpose "Planned Unit Developments":
It shall be the policy to guide a major development of land and construction by
encouraging planned unit development (PUD) to achieve the following:
A. A maximum choice of living environments by allowing a variety of housing and
building types and permitting an increased density per acre and a reduction in lot
dimensions, yards, building setbacks and area requirements;
B. A more useful pattern of open space and recreation areas and, if permitted as part of
the project, more convenience in the location of accessory commercial uses, industrial
uses and services;
C. A development pattern which preserves and utilizes natural topography and geologic
features, scenic vistas, trees and other vegetation and prevents the disruption of natural
drainage patterns;
D. A more efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
E. A development pattern in harmony with land use density, transportation and
community facilities objectives of the Comprehensive Plan.
. ECC Section 8-6-5-2 Common Open Space:
A. Required Common Open Space: A minimum often percent (10%) of the gross land
area developed in any residential PUD project shall be reserved for common open
space and recreational facilities for the residents or users of the area being developed.
B. Dedication Of Land For Public Use: A required amount of common open space land
reserved under a PUD shall either be held in corporate ownership by owners of the
project area for the use of each owner who buys property within the development or
be dedicated to the public and retained as common open space for parks, recreation
and related uses. Public utility and similar easements and right of way for
watercourses and other similar channels are not acceptable for common open space
dedication unless such land or right of way is usable as a trail or other similar purpose
and approved by the council.
C. Maintenance: The responsibility for the maintenance of all open spaces shall be
specified by the developer before approval ofthe final development plan.
D. Clustering: Every property developed under the PUD approach should be designed to
abut upon common open space or similar areas. A clustering of dwellings is
encouraged.
. ECC Section 8-6-6-2: Preliminary Development Plan:
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A. Application For Preliminary PUD: An application for preliminary PUD shall be filed
with the administrator by a property owner or person having existing interest in the
property for which the PUD is proposed. At a minimum, the application shall contain
the following information filed in triplicate:
7. A preliminary development plan, at a scale approved by the zoning
administrator, showing:
a. Topography at two foot (2') intervals;
c. Layout, dimensions and names of existing and proposed streets;
e. Utility easements;
g. Layout and dimensions oflots and building setback lines;
· ECC Section 8-7-3-3(C) Public Sites and Open Spaces:
Special Developments: In the case of planned unit developments and large scale
developments, the council may require sufficient park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
development.
· ECC Section 8-7-3-5(D): CONDITIONAL USE PERMIT:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may
be attached to said permit including, but not limited to, those:
I. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
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- I -6 Rules and Definitions
LARGE SCALE DEVELOPMENT: A subdivision, the size of which consists of fifty (50)
or more lots or dwelling units.
OPEN SPACE: A common area platted as a separate lot, or an area dedicated to and
accepted by the city, substantially open to the sky, exclusive of streets, buildings and other
covered structures.
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.
· ECC Section 9-3-IMinimum Standards Required:
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All plats submitted pursuant to the provIsIons of this title, and all subdivisions,
improvements and facilities done, constructed or made in accordance with said provisions
shall comply with the minimum design standards set forth in this chapter; provided,
however, that any higher standards adopted by any highway district, the Idaho
transportation department or health agency shall prevail over those set forth herein.
· ECC Section 9-3-2-2 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.
. ECC Section 9-3-6 Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines when deemed necessary. Total easement width shall not be less than
twelve feet (12').
B. Unobstructed drainageway easements shall be provided as required by the city council.
· ECC Section 9-3-8 Public Sites and Open Spaces:
C. Special Development: In the case of planned unit developments and large scale
developments, the city council may require sufficient public and/or private park or
open space facilities of acceptable size, location and site characteristics that may be
suitable for the proposed development.
· ECC Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage non motorized 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:
a. Schools;
c. Adopted pathway elements within the comprehensive plan and the
ridge to rivers pathway plan;
d. Neighborhoods;
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D. Pathway Design: While the city may exercise considerable discretion in determining
the design of pathways, the following minimum standards should be followed:
I. The paved portion of the pathway may range from six feet (6') to ten feet (10')
in width. Micropathways within subdivisions which are designed for primary
use by the residences of the subdivision shall be a minimum six feet (6') wide
and shall be located within a sixteen foot (16') wide pedestrian access
easement. Regional pathways such as the Boise River greenbelt and pathways
located adjacent to major roadways shall be a minimum ten feet (10') wide
and shall be located within a twenty foot (20') wide pedestrian access
easement.
2. Barriers may be placed at the terminal ends of paths to restrict use by motor
vehicles while allowing use by bicycles, wheelchairs and other modes of
travel.
3. A five foot (5') wide landscaped arealbuilding and fence setback, as measured
from both edges of the paved path, shall be required, and will be owned by
either the abutting property owner(s) or a homeowners' association unless
accepted by a public entity. The five foot (5') wide landscaped area on either
side of the pathway may be decreased to a minimum of two feet (2') wide (as
measured from the edge of asphalt to the easement line) when used in
conjunction with a meandering pathway, however, the total width of the
landscape area shall not be less than ten feet (10') (i.e., 2 feet on one side of
the path and 8 feet on the other). For safety purposes, planting material in this
area is limited to three feet (3') in height. The landscape, fence and building
regulations for this area shall be indicated by a note on the plat.
6. In order to design for crime prevention the following design standards will be
followed:
a. The use of "see through" fencing is preferred, as it provides better
visibility from adjacent homes or buildings. If solid fencing is used it
may not exceed four feet (4') in height.
b. Adequate lighting may be provided as determined by Eagle city
council and may be owned and maintained by the city of Eagle once
the path is turned over to the city for maintenance.
c. The use of corners and curves in the design of the paths is discouraged.
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.
I. Homeowners' Association:
a. Pathway systems within a proposed subdivision providing access to
private common space and/or other amenities that are used solely by
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the residents of a subdivision shall be the responsibility of the
homeowners' association.
. ECC Section 9-5-4-3 Site and Structure Requirements:
C. Storage Areas: Storage areas shall be provided for the anticipated needs of
boats, campers and trailers. For typical residential development, one
adequate space shall be provided for every two (2) living units. This may be
reduced by the city council if there is a showing that the needs of a particular
development are less.
E. Maintenance Building: A maintenance building shall be provided of such size
and in such location as is suitable for the service needs that are necessary for
the repair and maintenance of all common areas.
F. Open Space: The location of open space shall be appropriate to the
development and shall be of such shape and area to be usable and convenient
to the residents of the development.
. ECC Section 9-5-4-3 Site and Structure Requirements:
B. Environmental Assessment Plan: The developer shall prepare and submit an
environmental assessment along with the preliminary plat application for any
development that is proposed within an area of critical concern.
C. The content of the environmental assessment shall be prepared by an interdisciplinary
team of professionals that shall provide answers to the following questions:
I. What changes will occur to the area of environmental concern as a result of
the proposed development?
2. What corrective action or alternative development plans could occur so as not
to significantly change the area of environmental concern?
3. What changes in the area of environmental concern are unavoidable?
4. What beneficial or detrimental effect would the development have on the
environment including, but not limited to, animal life, plant life, social
concerns, economic, noise, visual, available farm land and other?
D. Areas Of Critical Concern: The following areas are specifically identified as areas of
critical concern:
I. Boise River Flood Plain: The Boise River flood plain and certain intervening
and immediately adjacent areas are designated as areas of critical concern due
to their ecological and scenic significance. This area comprises the two (2)
channels of the Boise River and intervening and immediately adjacent areas,
as depicted on the land use designation map ofthe comprehensive plan
adopted by the city of Eagle on May I I, 1993, as a "Special Area", including
that portion in the Eagle impact area.
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D. FLOOD CONTROL ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS APPLICATION:
. ECC Section 10-1 -8-4 Subdivisions:
A. All subdivision proposals shall be consistent with the need to minimize flood
damage;
B. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to minimize
flood damage;
C. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage; and
D. Base flood elevation data shall be provided for subdivision proposals and
other proposed development located within any area of special flood hazard.
E. DISCUSSION:
. The Eagle Comprehensive Plan designates the property as "Residential Two" with a density
not to exceed 2 units per acre. The "Residential Two" designation was envisioned to primarily
allow for single family residential development within areas that are rural in character. The
proposed Stillwater Subdivision has a density of 1.62 units per acre.
. The applicant is proposing to rezone 24.8-acres of the property from RUT (Rural Urban
Transition-Ada County designation) to R-2-DA-P (Residential- up to 2-units per acre,
Planned Unit Development with a development agreement) and 4.2-acres (purchased from the
Eagle Sewer District) from PS-DA (Public/Semi-Public with a development agreement) to R-
2-DA-P (Residential - up to 2-units per acre, Planned Unit Development with a development
agreement).
. The proposed development provides lots ranging from 10,424 square feet to 41,126 square
feet in size. The applicant is requesting an R-2-DA-P zoning designation, which has a 17,000
square foot minimum lot size. To allow for a flexibility and variation in lot size the zoning
ordinance allows for the use of Planned Unit Developments (PUD) in the planning process.
The applicant is proposing an offsetting increase in open space to allow for the reduction in lot
sizes, which is allowed provided there is an offsetting increase of the same square-footage in
open space and a planned unit development is applied for and approved.
. Eagle City Code 8-6-6-3 requires all final development plans be reviewed by the Planning and
Zoning Commission as well as the City Council. This is partly to allow for additional City
Review for flexibility needed for long-range and large PUD's.
. The Eagle Sewer District has agreed to sell the applicant 4.2-acres (approximately) of land
located at the northeast section ofthe proposed subdivision. The 4.2-acres are located within
the City limits and are proposed by the applicant to be rezoned from PS-DA (Public/Semi-
public with development agreement) to R-2-DA-P (Residential - 1.62 units per acre with a
development agreement - planned unit development). This acquisition will allow the
proposed access to the property to align with the future re-alignment planned for Ballantyne
Lane and will provide the applicant with six (6) additional lots. The applicant has provided a
purchase agreement from the Eagle Sewer District for this property and should provide a lot
line adjustment application to the City so that the acquired property (from ESD) can become
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assimilated into the existing 24.8-acres. The applicant should provide a lot line adjustment
application for the property to be acquired from the Eagle Sewer District to the City prior to
the City Council meeting for this application. The lot line adjustment application should be
reviewed and approved by staff prior to the submittal of a final development p lan/final plat
application.
. According to the preliminary plat date stamped by the City on August 6, 2007, Lot 19, Block
2, is not designated as a single family residential lot and does not have street frontage or access
from the proposed subdivision. According to the applicant Lot 19, Block 2, will be sold to the
adjacent property owner north ofthe proposed lot and west of the proposed Stillwater
Subdivision. The adjacent property owner to the west owns a barn which is constructed on
this portion of the applicant's property. The applicant has indicated via email to staff that
upon annexation and rezone from RUT (Rural Urban Transition) to A-R (Agricultural
Residential- up to I unit per 5-acres) a lot line adjustment will be completed that effectively
removes the property shown as Lot 19, Block 2, from the proposed subdivision. The property
that is shown as Lot 19, Block 2, will then be deeded over to the adjacent property owner.
The applicant should provide a lot line adjustment application with the intent to remove Lot
19, Block 2, as shown on the preliminary development plan/preliminary plat, from the
proposed subdivision upon completion of annexation and rezone of the applicant's property,
and also provide a revised preliminary plat showing that Lot 19, Block 2, has been removed.
The lot line adjustment application and revised preliminary plat should be provided to the City
prior to the City Council meeting for this application. The lot line adjustment application
should be reviewed and approved by staff prior to the submittal of a final development
plan/final plat application.
. According to the preliminary development plan/preliminary plat date stamped by the City on
August 6,2007, the bulk of the proposed open space for the development will be in the
"Picnic Recreation Area of Aspen Island" at the southwest section of the property. However,
it is not apparent on the preliminary development plan/preliminary plat how access to the open
space area will be achieved. The applicant is proposing pathway sections adjacent to each side
of the river section that separates the area from the development but there does not appear to
be a pathway or bridgeway allowing direct access to the open space. The applicant has
verbally indicated to staff that a bridge will be constructed providing access to the proposed
picnic/open space area in which case a floodplain development permit will be required. The
applicant should provide a revised preliminary development plan/preliminary plat that shows
how pedestrian access will be achieved to the proposed picnic area from the development via a
bridge to be reviewed and approved by staff prior to the submittal of a design review
application. The applicant should also provide construction plans for the bridge and an
application for a floodplain development permit to be reviewed and approved by the City
Engineer and the City Flood Plain Administrator prior to submittal of final preliminary
plan/final plat application.
. According to the preliminary plat/preliminary development plan date stamped by the City on
August 6, 2007, Lots 13, 14, 16, 17 and 18, Block 2, are shown to be partially located within
the 100- Y ear floodplain. In order to avoid potential conflicts resulting from fill or lot grading
performed by individual property owners the applicant should provide a revised preliminary
plat/preliminary development plan that shows the Lots 13, 14, 16, 17 and 18, Block 2, to be
reconfigured and located outside of the floodplain. The revised preliminary plat/preliminary
development plan should be reviewed and approved by staff prior to the submittal of a final
development plan/final plat application.
. According to the preliminary plat/preliminary development plan date stamped by the City on
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August 6, 2007, a picnic/recreation area is designated at the southern section of the property
within the floodway area. Structures of any kind such as gazebos and picnic tables are not
permitted within the floodway. A note should be placed on the final preliminary development
planlfinal plat and language placed in the CC&Rs stating that all structures are prohibited
within the boundaries of the floodway. The CC&Rs should be reviewed and approved by the
City attorney prior to the approval of the final development plan/final plat.
. The applicant proposes one access point from State Street (SH 44) for the development. State
Street (SH 44) is designated as a Principal Arterial on the Ada County Functional Street
Classification Map. The applicant has proposed a seventy five foot (75') wide buffer area as a
common lot located adjacent to State Street (SH 44). Eagle City Code Section 8-2A-7 (J)(4)(c)
requires the installation of a buffer area that is a minimum of seventy five feet (75') wide and
ten feet (10') high abutting the road right-of-way.
. On December 23,2007, the City Forester valuated the existing trees on the site of the
proposed Stillwater Subdivision (valuations are attached to the staff report). Upon re-
inspection of the site the City Forester discovered that all the trees that were valued had been
removed. The valuation report estimates that with the loss of these trees 21 9.25-inches in
diameter (approximately) of urban canopy have been lost. It is also estimated by the City
Forester that the total monetary valuation ofthe removed trees equals $130,520
(approximately). The applicant should provide a plan to the City outlining how the loss of the
trees will be mitigated by either replacing a compensatory number of trees to the property or
by paying the estimated monetary value of the removed trees into the City's Tree Fund. The
Tree mitigation plan should be reviewed and approved by the City Zoning Administrator prior
to the submittal of a Design Review application and subsequently reviewed and approved by
the City Council prior to the approval of the Design Review application.
. The applicant has indicated that they are involved in initial discussions with the Land Trust of
the Treasure Valley to place the flood plain and floodway areas ofthe property adjacent to the
Boise River within a conservation easement. Because the Boise River corridor is considered
an area of critical concern it is staffs opinion that managing the area through a conservation
easement would provide long term stability and consistency. It is the recommendation of staff
that if an agreement between the applicant and the Land Trust of the Treasure Valley is
reached then consideration should be given to the agreement as a mitigating factor regarding
the above mentioned tree removal calculations (also found within conditions of the rezone for
this property).
. The proposed Stillwater Subdivision is directly adjacent to the Boise River corridor and may
have certain impacts upon the riparian habitat of the area. Eagle City Code states that special
concern will be given to any proposed development to ensure that it will not have an adverse
impact upon areas of critical concern, which includes the Boise River corridor. Because of the
above concerns, staff requested an environmental assessment plan for the property be
submitted for review and approval by the City Engineer. An environmental assessment plan,
date stamped by the City on August 13, 2007, was provided by the applicant and is currently
being reviewed by the City Engineer (The environmental assessment plan is also included in
the staff report).
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested annexation,
rezone with development agreement, conditional use permit, preliminary development plan, and
preliminary plat for Stillwater PUD with conditions to be placed within a development agreement
and subdivision site specific conditions of approval and standard conditions of approval, all as
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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 August
20, 2007, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by five (5) individuals who expressed the following concerns regarding the development:
I. Project is too close to the Boise River and the flood plain;
2. Proposed density is inappropriate for the area;
3. Project is not compatible with adjacent land uses.
COMMISSION DECISION:
The Commission voted 2 to I (Zastrow against; Aspitarte and Felix absent) to recommend
approval of A-07-07/RZ-09-07 /CU-06-07IPPUD-04-07IPP- I I -07 for Stillwater Planned Unit
Development for Tri Cedars Management, LLC with the following staff recommended
development agreement conditions and site specific conditions of approval and standard
conditions of approval with text shown with underline to be added by the Commission and
strikethrough text to be deleted by the Commission:
Commissioner Zastrow voted against the motion because he considered the project as proposed
would be a detriment to the Boise River view corridor along State Street (SH 44). Commissioner
Zastrow further suggested that reducing the number of lots adjacent to State Street (SH 44) and
requiring single story homes on certain lots should be considered.
CONDITIONS TO BE WITHIN A DEVELOPMENT AGREEMENT:
2. I The maximum overall density of the property shall not exceed 1.62 units per acre.
2.2 The Concept Plan (Exhibit A) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in
that concept may occur or be required. If the City determines that any such changes require
additional public comment due to potential impacts on surrounding property or the community,
a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be
provided as may be required by the City.
2.3 Applicant shall provide a report or analysis of any proposed changes to wetlands located on the
property and any such change shall be contingent upon approval by the Army Corps of
Engineers, Idaho Fish and Game Department (if applicable), the Idaho Department of Water
Resources (if applicable), Ada County, and any other appropriate government agencies, and
shall be in accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all
development and improvement of the Property shall comply with rules and regulations
pertaining to regulated wetlands.
2.4 Applicant will develop the Property subject to the conditions and limitations set forth in this
agreement. Further, Applicant will submit such applications regarding floodplain development
permit review, design review, preliminary and final plat reviews, and/or any conditional use
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permits, if applicable, and any other applicable applications as may be required by the Eagle
City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
2.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that
the property has been annexed into the Eagle Sewer District's service boundaries and approving
the final construction plans prior to the submittal of a final development plan/final plat
application.
2.6 All existing wells and septic systems on the property shall be abandoned prior to the City Clerk
signing the final plat. Central District Health Department approval is required for the
abandonment ofthe existing wells and septic systems.
2.7 The applicant shall submit a lot line adjustment application for the property acquired from the
Eagle Sewer District to the City prior to the City Council meeting for the proposed Stillwater
Subdivision application. The lot line adjustment application and revised preliminary
development plan/preliminary plat shall be reviewed and approved by staff prior to the
submittal of a final development plan/final plat application.
2.8 The applicant shall submit a lot line adjustment application with the intent to remove Lot 19,
Block 2, (as shown on the preliminary development plan/preliminary plat date stamped by the
City on August 6, 2007) from the proposed subdivision, and also provide a revised preliminary
plat showing that Lot 19, Block 2, has been removed prior to the City Council meeting for the
proposed Stillwater Subdivision application. The lot line adjustment application and revised
preliminary plat shall be reviewed and approved by the staff prior to the submittal of a final
development plan/final plat application.
2.9 A note shall be placed on the final preliminary development plan/final plat and language placed
in the CC&Rs stating that all structures are prohibited within the boundaries of the floodway.
The CC&Rs shall be reviewed and approved by the City attorney prior to the approval of the
final development plan/final plat.
2. I 0 The applicant shall provide a plan to the City outlining how the loss of the trees will be
mitigated by either replacing a compensatory number of trees to the property or by paying the
estimated monetary value ofthe removed trees into the City's Tree Fund. The Tree mitigation
plan should be reviewed and approved by the City Zoning Administrator prior to the submittal
of a Design Review application and subsequently reviewed and approved by the City Council
prior to the approval of the Design Review application.
2.1 I Pathways and pedestrianlbicycle public access connecting public roads to residential and open
space areas shall be consistent with Eagle's Comprehensive Plan and be approved by Eagle
prior to or concurrently with approval of the preliminary development plan/preliminary plat
containing such pathways and access.
2.12 The developer shall remove all structures (houses, barns, sheds, etc.) from the site prior to the
City Clerk signing the Final Plat. Demolition permits shall be obtained prior to the removal of
said structures prior to submittal of a final development plan/final plat application.
SITE SPECIFIC CONDITIONS OF APPROVAL FOR THE PUD:
I. Comply with all site specific conditions provided within the City Engineering firm's (Holladay
Engineering) letters dated April 23, 2007, and August 1,2007.
2. The applicant shall submit payment to the City for all outstanding Engineering fees incurred for
reviewing this project, prior to the City Clerk signing the final development plan/final plat.
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3. Comply with all conditions within the development agreement for rezone application RZ-09-07
4. The applicant shall provide to the City written documentation from the Boise River Flood Control
District No. 10 approving the project prior to the submittal of a final development plan/final plat
application.
5. Provide a revised preliminary development plan/preliminary plat showing Lot 19, Block 2, as shown
on the preliminary development plan/preliminary plat date stamped by the City on August 6, 2007, to
be removed. The revised preliminary development plan/preliminary plat shall be reviewed and
approved by staff prior to the submittal of a final development plan/final plat application.
6. Provide a revised preliminary development plan/preliminary plat showing a ten foot (10') wide
pathway separated eight feet (S') (minimum) from the edge of pavement along the north portion of the
property adjacent to State Street (SH 44). The revised preliminary plat/development plan shall be
reviewed and approved by the Parks and Pathways Development Committee (PPDC) prior to the
submittal of a design review application. The applicant shall meet with the Parks and Pathway
Development Committee for a recommendation regarding the regional pathway alignment on the
north and south sides ofthe property prior to the submittal of a design review application.
7. Provide a revised preliminary development plan/preliminary plat that shows how pedestrian access
will be achieved to the proposed picnic area from the development via a bridge to be reviewed and
approved by staff prior to the submittal of a design review application. The applicant shall also
provide construction plans for the bridge and an application for a floodplain development permit to be
reviewed and approved by the City Engineer and the City Flood Plain Administrator prior to submittal
of final preliminary plan/final plat application.
8. Provide a revised preliminary development plan/preliminary plat that shows the Lots 13, 14, 16, 17
and I S, Block 2, to be reconfigured and located outside of the floodplain. The revised preliminary
plat/preliminary development plan shall be reviewed and approved by staff prior to the submittal of a
final development plan/final plat application.
9. Provide a revised preliminary development plan/preliminary plat that shows the following note
changes on the plat:
a. Plat note number I shall be changed to include drainage easements.
b. Plat note number I I shall be changed to read that "No lots shall have
access to State Street (SH 44).
c. A note shall be placed on the plat that lists all service providers for the
proposed subdivision.
d. The proposed zoning under "Project Summary" shall be changed to the
correct zoning designation ofR-2-DA-P.
The revised preliminary development plan/preliminary plat shall be reviewed and approved by staff
prior to the submittal of final development plan/final plat application.
10. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at the front of each lot on the side lot lines, or as approved by the Design Review
Board. The trees shall be located in the eight foot (S') 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 within the eight foot (S') 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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I I. The applicant shall submit a design review application including, but not limited to: I) proposed
subdivision signage, 2) planting details within the proposed and required landscape islands and
knuckles and all common areas throughout the subdivision 3) building elevations for all proposed
common area structures and irrigation pump house, 4) landscape screening details of the irrigation
pump house,S) useable amenities such as picnic tables, covered shelters, benches, playground
equipment, gazebos, club house, pool and/or similar amenities. The design review application shall be
reviewed and approved by the Design Review Board and City Council prior to the submittal of a final
development plan/final plat application.
12. The applicant shall submit a design review application and landscape plan showing fencing (if
proposed), trees, landscaping, and berming, and planting details within the required seventy five foot
(75') wide buffer area along State Street (SH 44) abutting this site for review and approval by the
Design Review Board prior to the submittal of a final development plan/final plat application.
13. The entire Stillwater development shall remain under the control of one Homeowner's Association.
14. The applicant shall place a note on the final plat that all common areas are to be owned and
maintained by the Stillwater Homeowner's Association. The applicant shall provide a copy of the
CC&Rs (which include a similar statement regarding the common areas) for review and approval by
the City attorney prior to the approval of the final plat for phase one. The CC&Rs for the Stillwater
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.
IS. The applicant shall create an architectural control committee (ACC) as a component ofthe subdivision
CC&Rs to review the architecture style of the homes to be constructed in this development. Provisions
regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and
shall be reviewed and approved by the City attorney prior to the approval of the final development
plan/final plat.
16. The submittal of the building permit application to the City for each home within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permits applications that do not have an approval letter attached will not be accepted.
17. To assure compliance with the PUD conditions of approval herein, the City reserves the right to deny,
at its discretion, any building permit application that does not meet the architectural requirements (as
required in Site Specific Condition of approval #18 above) ofthe PUD.
18. The side setback (that side adjacent to the pathway) for lots adjacent to interior pathways shall be
fifteen feet (15') minimum from the edge of the pathway.
19. Place a note on the final plat stating that direct lot access to State Street (SH 44) is prohibited.
20. The applicant shall submit cut sheets showing street lighting details for review and approval by the
City with the submittal of a final plat. The plans shall show how the streetlights will facilitate the
"Dark Sky" concept oflighting.
21. Provide a revised preliminary plat showing an area specifically designated for the storage of boats,
campers, and trailers. In lieu of providing a storage area, the developer shall provide a copy of the
subdivision CC&R's showing the prohibition of the storage of recreational vehicles, utility trailers,
etc. within the development.
22. The applicant shall provide language within the CC&R's indicating that upon development Stillwater
Subdivision may be utilized as the primary access for future development to the west of the property.
23. A maintenance building shall be provided of such size and in such location as is suitable for the
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service needs that are necessary for the repair and maintenance of all common areas. 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. If a
maintenance building is approved with this application then the building shall be reviewed an
approved by the Design Review Board and constructed prior to the City Clerk signing the final
development plan/final plat.
24. 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 prior to the submittal of a final
development plan/final plat application.
25. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
26. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
27. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This street is to be extended in the future".
28. The applicant shall work with the adiacent property owner to the west of the site and come to a mutual
agreement on a buffering mechanism between the two properties. The Design Review application for
this site shall show the style of buffer to be used. The buffer area shall be reviewed and approved by
the Design Review Board prior to the submittal of a final development plan/final plat application.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (LC. Title 50, Chapter 13 and LC. 39- I 18).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 3 I -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
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landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4- I -9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(I) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
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Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat
by the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
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Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25. Basements in homes in the flood plain are prohibited.
26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
27. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
28. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
3 I. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
I. A Neighborhood Meeting was held at Rembrandts Coffee House at 6:00 PM, Thursday, December 14,
2006, in compliance with the application submittal requirement of Eagle City Code. The applications
for this item were received by the City of Eagle on March 15, 2007. A revised preliminary
development plan/preliminary plat was received by the City on August 6, 2007.
2. Notice of public hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on July 30, 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 July 27, 2007. The site was posted in accordance with
the Eagle City Code on August 8, 2007. Requests for agencies' reviews were transmitted on May 2 I,
2007 in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed annexation and
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rezone with a development agreement (A-07-07/RZ-09-07) with regard to Eagle City Code Section 8-
7-5 "Action by the Commission and Council", and based upon the information provided concludes
that the proposed applications are in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The requested preliminary plat complies with the approved zoning designation of R-2-DA-P
(Residential, 1.62 dwelling units per acre with a development agreement-PUD) is consistent
with the Residential Two designation as shown on the Comprehensive Plan land Use Map;
and
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be
provided, to serve all uses allowed on this property under the proposed zone; and
c. The proposed R-2-DA-P (Residential, 1.62 dwelling units per acre with a development
agreement-PUD) zone is compatible with the A-R (Agricultural Residential) and R-I
(Residential - I unit per acre maximum) zones and land uses to the north since these areas are
designated Residential One in the Comprehensive Plan and are either proposed to be
developed in the same manner or could be developed in the same manner sometime in the
future; and
d. Then proposed R-2-DA-P (Residential, 1.62 dwelling units per acre with a development
agreement-PUD) is compatible with the PS-DA (Public/Semi Public with a development
agreement) zone and RI (Residential One - Ada County designation) zones and land uses to
the east and west since these areas are designated Residential One (east) and Residential Two
(west) in the Comprehensive Plan and are either proposed to be developed in the same manner
or could be developed in the same manner sometime in the future. The land use to the east is
currently being used by the Eagle Sewer District and will act as a buffer to other land uses;
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; and
f. 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.
4. In accordance with eagle City Code findings for a conditional use permit, preliminary planned unit
development plan and preliminary plat, the Commission has reviewed the particular facts and
circumstances of this proposed planned unit development and based upon the information provided,
makes the following conclusions for CU-06-07/PPUD-04-07/PP-II-07 for Stillwater planned unit
development as proposed with the conditions recommended herein:
1. The requested preliminary plat complies with the density of the approved zoning designation of R-
2-DA-P (Residential, 1.62 dwelling units per acre with a development agreement-PUD); and
2. 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 provides the required
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improvements for a subdivision, including a public roadway, and central sewer and water services;
and
3. That the proposed PUD is in the public interest, advances the general welfare of the community and
neighborhood, and will not be detrimental to the economic welfare ofthe community because;
The intent of the Stillwater PUD is to provide a choice in living environments by providing a
variety of single housing types which is a goal of the City of Eagle PUD ordinance.; and
4. 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 Stillwater development provides similar lots sizes to future development to the properties and
will provide adequate buffering from the development to the north, east and west; and
5. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The development will have access to State Highway 44 and will align with the future re-alignment
proposed for Ballantyne Road. The site will be serviced by central water and sewer; and
6. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors because;
No major impacts are expected as this development should only develop normal traffic patterns
that would be related to a residential subdivision development; and
7. That based upon agency verification and additional written comments of the City Engineer, Idaho
Transportation Department, Eagle Sewer District, Department of Environmental Quality, Eagle Fire
Department and the Ada County Highway District, or as conditioned herein, there is adequate
public financial capability to support the proposed development.
8. 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;
All central services are available to be extended to the site, as noted within the letters provided by
the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and
other urban services will be provided at the developer's expense. The addition of more residences
to the area may help facilitate the construction of new buildings within the School system; and
9. That the development will not create excessive additional requirements at public cost for public
facilities and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, highway district or City for water. Because the
developer provides the services in the initial stages of development the public service providers
avoid potential liability and expenses; and
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10. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal because;
The development plan was designed with consideration given to floodplain preservation, open
space areas and walking paths; and
II. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
Access to the development will be from State Street (SH 44) and will align with the proposed re-
alignment of Ballantyne Road, which will be a signalized intersection. The development will
include stub streets to the adjacent parcels of this development which will provide intra-
neighborhood connectivity upon further development of said property. The design and
construction of the roadways and entrances is guided by the Idaho Transportation Department and
Ada County Highway District.
12. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
No lots will be developed within the flood plain and development is forbidden in the floodway.
The applicant is also proposing to place all open space within the floodplain and flood way into a
conservation easement; and
13. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan because;
The proposed development fits well with the Comprehensive Plan since the Comprehensive Plan
calls for single family residential (2 units per acre maximum). The Comprehensive Plan has
designated land to the west as Residential One (I unit per acre maximum), Residential One (I unit
per acre maximum) to the north, and Residential Two (2 units per acre maximum) to the east; and
14. 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; and
15. That the benefits, combination of various land uses, and interrelationship with the surrounding area
for this proposed development justifies any proposed deviation from any standard district
regulations because;
The reduced lot sizes approved for the development will allow for more open space for the
residents of the subdivision and will provide for improvements on the greenbelt system adjacent to
the Boise River. The applicant is also proposing to build a bridge that will provide pedestrian
access for residents and the general public to open space areas within the Boise River system; and
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16. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of final plat
approval as set forth within the conditions of approval above.
DATED this 9th day of September, 2007
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Jason Pierce, Chairman
ATTEST:
Sharon K. Bergmann, Eagle City Clerk
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