Findings - CC - 2007 - CU-03-07/PPUD-01-07/PP-03-07 - Alderwood 3 Pud/12 Lot/2.75 Acre/985 Wtate St. BEFORE THE EAGLE CITY COUNCIL O W I , , 1' I_
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT, )
PRELIMINARY DEVELOPMENT PLAN, )
AND PRELIMINARY PLAT FOR )
ALDERWOOD NO.3 PLANNED UNIT )
DEVELOPMENT FOR WAYNE SWANSON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-03-07/PPUD-01-07/PP-03-07
The above-entitled Conditional Use Permit, Preliminary Development Plan and Preliminary Plat
applications came before the Eagle City Council for their action on May 22, 2007, at which time public
testimony was taken and the public hearing was closed. The Eagle City Council, having heard and taken
oral and written testimony, and having duly considered the matter, makes the following Findings of Fact
and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Wayne Swanson,represented by Matt Price with JJ Howard Engineering/Surveying is
requesting conditional use, preliminary development plan, and preliminary plat approvals
for Alderwood No. 3 Planned Unit Development, a 12-lot(11-buildable, 1-common)
planned unit development. The 2.75—acre site is located on the south side of East State
Street at 985 W. State Street approximately 450-feet west of South Grandean Way.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 985 W. State Street at 6:00 PM, January 9, 2007, in
compliance with the application submittal requirement of Eagle City Code. The
applications for this item were received by the City of Eagle on January 22, 2007.
The applicant provided a revised landscape plan on May 15, 2007, revised preliminary
plat on May 16, 2007, and documentation that Garrett Stephenson with RTB Investments,
LLC, (developer of Alderwood No. 2) and Mr. Swanson will establish an agreement for
the operation and maintenance of the common areas and pressurized irrigation. The
revised landscape plan, revised preliminary plat, and documentation was provided prior to
the City Council hearing for this application.
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 Code on March 26, 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 26, 2007. Requests for agencies' reviews were transmitted on March 2,
2007 in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on April 5, 2007.
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Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on May 7, 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 May 2, 2007.
The site was posted in accordance with the Eagle City Code on May 12, 2007.
D. HISTORY OF PREVIOUS ACTIONS:None
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Four(4 R-4(Residential-up to 4 Residence/pasture
units per acre units per acre)
maximum)
Proposed No Change No Change Single-family residential
subdivision
North of site Residential Four(4 R-4 (Residential-up to 4 Single-family residential
units per acre units per acre)
maximum)
South of site Public/Semi-Public R-4(Residential-up to 4 State Highway 44
units per acre)
East of site Residential Four(4 R-4(Residential-up to 4 Proposed Alderwood No. 2
units per acre units per acre) (Preliminary Development
maximum) Plan and Preliminary Plat
Approved)
West of site Residential Four(4 R-4(Residential-up to 4 Eagle Church of the
units per acre units per acre) Nazarene
maximum)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site—2.75 acres
Total Number of Lots- 12
Residential - 11
Commercial-0
Industrial-0
Common- 1
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Total Number of Units- 11
Single-family- 11
Duplex- 0
Multi-family -0
Total Acreage of Any Out-Parcels—0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 4.00 units per acre 4 units per acre maximum
Minimum Lot Size 8,180 square feet 8,000 square feet
minimum
Minimum Lot Width 47-feet 70-feet
Minimum Street Frontage 47-feet 35-feet
Total Acreage of Common Lots 16,152 sq. ft. (0.37 acres) 11,275 sq. ft. (0.275 acre)
Percent of Site as Common Area 13.48 % 10%
GENERAL SITE DESIGN FEATURES:
Open Space and Landscape Screening:
The proposed PUD will provide a total of 16,152 square feet(13.48%)of common area
inclusive of the required buffer adjacent to West State Street. Within the total area of
common area there is 8,178 square feet(7.00%)of usable open space which provides a
gathering place.
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.
The applicant is proposing a ten (10') foot wide public utility, drainage, and irrigation
easement adjacent to the public street and subdivision boundary and a five (5') foot wide
public utility, irrigation, and drainage easement is proposed adjacent to all interior side lot
lines.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District. Per the
Department of Environmental Quality (Boise Regional Office) letter dated May 2, 2006,
sent to Eagle Water Company and forwarded to the City of Eagle, due to water quantity
and pressure concerns the DEQ will not approve additional projects that receive potable
service water from the Eagle Water Company.
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On-site Septic System(yes or no) -No
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. There are existing trees in proximity to the existing residence
adjacent to West State Street.
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:
The preliminary plat date stamped by the City on January 23, 2007, shows the street
section for the interior road with a twenty-five foot(25')wide travelway and eight foot
(8')wide landscaped strips located within a forty-two foot(42')wide right of way. A
major portion of the interior street is located within the Alderwood No. 2 Subdivision the
developer of Alderwood No. 3 Subdivision will be required to complete the street.
Applicant's Justification for Private Streets(if proposed): None proposed
Blocks Less Than 500':None
Cul-de-sac Design: None
Sidewalks:
A detached five-foot(5')wide concrete sidewalk separated from the curb by an eight foot
(8')wide landscape strip is proposed abutting both sides of all interior roadways.
Curbs and Gutters:
The applicant is proposing six inch (6")high vertical curbs adjacent to all interior roads.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning
Administrator prior to the submittal of the final plat. Any modifications made to the lights
shall be completed before the final plat approval.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to
date.Approval from that committee is required prior to final plat approval.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
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.
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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 -none
Evidence of Erosion -no
Fish Habitat-no
Floodplain-no
Mature Trees—yes—located adjacent to the existing residence (see City Forester's report)
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 (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated March 28, 2007 are of special
concern(attached to the staff report and incorporated herein by reference).
Central District Health
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Meridian School District
Q. COMMENTS FROM THE CITY FORESTER:
Tree valuations and map from Julie Lafferty, City Forester, dated March 19, 2007.
Eagle Gateway South Landscaping Comments dated April 5, 2007 (Attached to the staff
report).
R. LETTERS FROM THE PUBLIC: None received to date.
S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to construct the subdivision in one phase starting in the
Summer of 2007.
T. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
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2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of 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.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. 2000 COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The Comprehensive Plan Land Use Map designates this site as Residential Four, suitable
primarily for single family residential development within an urbanized setting, Residential
density of up to four dwelling units per acre may be considered by the City for this area.
Chapter 1 —Overview
1.1 City of Eagle Statement of Purpose
b. To ensure that adequate public facilities and services are provided to the people at
reasonable cost.
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d. To ensure that the important environmental features of the City and its Impact
Area are protected and enhanced.
g. To ensure that the development of land is commensurate with the physical
characteristics of the land.
h. To protect life and property in areas subject to natural hazards and disasters.
j. To encourage local school districts to participate in the community planning and
development process so as to address public school needs and impacts on an
ongoing basis.
1.3 The City of Eagle Vision Statement
b. interconnected with user-friendly pathways and roadways;
e. an environmentally aware community with distinctive open space, parks and
outdoor recreation;
Chapter 4—Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the public
and are generally available to Eagle residents. The City and special districts provide the
basic services of water, sewer, school,police, fire and library to residents. With Eagle's
growing population comes the need for increased public services and the necessity to
improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded plays
an important role in the location and intensity of future housing, commercial and industrial
development. Since the City of Eagle depends on outside providers, it must be involved in
any plans that will effect the community. Service providers currently include:
• The Eagle Sewer District provides sewer service within a designated sewer service
area.
• The Meridian and Boise School Districts provide K-12 education.
• United Water, Eagle Water Company, and the City provide water to Eagle residents.
Some private water systems and wells are also used.
• Private canal companies and drainage districts provide irrigation water and drainage
water management.
4.27 Other Services and Utilities
Pressure Irrigation
The City of Eagle currently requires the installation of pressurized irrigation systems for
the irrigation of landscaping when new development is within an irrigation district and
water rights are available.
4.4 Objectives
b. To support school district efforts to provide school sites and facilities that
accommodate student enrollment.
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Chapter 6—Land Use
6.1 Background and Existing Conditions
Managing growth and channeling it into orderly community development is the key
element of land use planning. Unplanned growth results in undesirable land use patterns.
Areas within the City and within the Impact Area are given land use designations which
are depicted on the Comprehensive Plan Land Use Map, hereinafter referred to as the
"Land Use Map".
The Land Use Map is an integral part of the Comprehensive Plan. It serves as a planning
policy document and planning tool that will assist the City in sustaining responsible
growth and development to ensure that evolving land use patterns remain consistent with
goals, objectives and strategies of the Plan.
6.7 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.
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
8.3.2 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
i. Encourage street lighting to increase roadway and neighborhood safety while
preserving a rural environment free of any unnecessary lighting.
m. Establish and require minimum setbacks between developments and roadways and
to encourage installation of berms and landscaping for all developments to
enhance safety and to enrich the roadway and community appearance.
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Chapter 11 —Special Areas And Sites
11.1 Background and Vision
"Special Areas and Sites"are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or sites
should be analyzed according to their defined function. Whenever possible,these sites
should be preserved and conserved as open spaces or for educational and cultural centers.
Development of Special Areas or Sites should take place in manner that reflects harmony
with their natural environment and recognized qualities which render them distinctly
unique.
These special areas will require comprehensive and specific planning to ensure that such
topographical, hydrological, ecological, architectural and scenic concerns have been
thoroughly addressed and incorporated into any engineering and development plans. The
special review process should include, but not be limited to the following:
■ Existing trees and natural features
Chapter 13 —Implementation
13.3 Special Implementation Techniques For Development within the City Limits
A Planned Unit Development Ordinance(PUD) is one of many devices used to implement
a comprehensive plan. A developer of a PUD may be allowed variations in development
requirements, if it is in the City's interest to encourage such a development.
PUD regulations are intended to encourage innovations in land development techniques so
that the growing demands of the community may be met with greater flexibility and
variety in type, design, and layout of sites and buildings and by the conservation and more
efficient use of open spaces and of other natural environmental features which enhance the
quality of life.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-1-2
Open Space
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the
sky, exclusive of streets, buildings and other covered structures, and shall be
designated and intended as a useable and convenient amenity to any proposed
development. Wetland areas, drainage ditches, irrigation ditches, and similar
features shall not be considered as a part of the minimum area of open space
required.
• Eagle City Code, Section 8-1-2 Rules and Definitions:
Planned Unit Development
An area of land in which a variety of residential, commercial and industrial uses
developed under single ownership or control are accommodated in a preplanned
environment with more flexible standards, such as lot size and setbacks,than
those restrictions that would normally apply under these regulations.
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• Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area:
Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Minimum
District Height Side Side Lot Covered Area(Acres Or Lot
Sq. Ft.) G And Width I*
H*
R-4 (35' 20' 25' 7.5' 20' +40% 18,000 �70'
• Eagle City Code, Section 8-2-4(B)
Additional 5 feet per story setback for multi-story structures. Height not to exceed 3
stories except by conditional use permit.
• Eagle City Code, Section 8-2-4(I):
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.
• Eagle City Code, Section 8-2A-7(A&C) Landscape and Buffer Area Requirements:
A. Landscape Plan Required: A landscape plan is required for all developments requiring
a design review, including,but not limited to, all subdivisions. The landscape plan
shall be drawn to scale (no smaller than 1 inch equals 30 feet) and shall indicate the
following:
1. Boundaries, property lines, and dimensions.
2. Existing trees and vegetation identified by species and size.
3. The location and design of areas to be landscaped.
4. The location and labels for all proposed plants.
5. Plant lists or schedules with the botanical and common name, quantity, and
spacing and size of all proposed landscape material at the time of planting.
6. Location and description of other landscape improvements, such as earth
berms, walls, fences, screens, sculptures, fountains, street furniture, lights, and
courts or paved areas.
7. Planting and installation details as necessary to ensure conformance with all
required standards.
C. Existing Vegetation:
1. Retention Of Existing Trees: Existing trees shall be retained unless removal is
approved in writing by the city. Where trees are approved by the city to be
removed from the project site(or from abutting right of way)replacement with an
acceptable species is required as follows:
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(Existing Tree 1IReplacement
11 inch to 6 inches caliper)I2x caliper of tree removed 1
16 1/4 inches to 12 inches I j1.5x caliper of tree removed
12 1/4 inches or more I x caliper of tree removed
In all cases, planting within public rights of way shall be with approval from the
public and/or private entities owning the property.
Example: An eight inch (8")caliper tree is removed, an acceptable replacement
would be three(3) 4-inch caliper trees or four(4)3-inch caliper trees.
2. Damage During Construction: Existing trees or shrubs that are retained shall be
protected from damage to bark, branches, or roots during construction.
Construction or excavation occurring within the drip line of any public or private
retained tree or shrub may severely damage the tree or shrub. Any severely
damaged tree or shrub shall be replaced in accordance with subsection Cl of this
section.
3. Grade Changes And Impervious Surfaces: Grade changes and impervious
surfaces shall be allowed at a distance from the trunk of a retained tree equal to
the diameter of the tree trunk plus six feet(6'), or to the drip line, whichever is
furthest from the trunk.
4. Minimum Landscaping: Existing vegetation which is to be retained may be
used to satisfy the minimum required landscaping.
• Eagle City Code, Section 8-2A-7(J)(4)(b) Buffer Areas/Common Lots:
Any road designated as a minor arterial on the Ada County long range highway and street
map:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: five
(5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum five foot(5') high, maximum eight foot(8')high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided,
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
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• Eagle City Code, Section 8-3-5 Unique Land Uses:
Certain unique land uses pose special problems that may have detrimental influences on
surrounding land uses. The following performance standards for such unique land uses
shall be adhered to in addition to all other provisions of this title:
A. Accessory Building:
1. Will not be located in any required front or street side yard area;
• Eagle City Code, 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.
• Eagle City Code, Section 8-6-5 Site and Structure Regulations and Requirements:
8-6-5-1: Minimum Area:
A PUD for the following principal uses shall contain an area of not less than:
A.Three(3) acres for residential development.
• Eagle City Code, 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:
1. 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.
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C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 9-1-3 Purpose:
The purpose of these regulations is to promote the public health, safety and general
welfare, and to provide for:
D. Adequate transportation,water drainage and sanitary facilities;
• Eagle City Code, Section 9-1-6 Rules and Definitions
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.
EASEMENT: A grant by a property owner to specific persons or to the public to use land
for specific purposes. Also, a right acquired by prescription.
PARTIAL RIGHT OF WAY: A dedicated right of way providing only a portion of the
required street width, usually along the edge of a subdivision or tract of land.
PLANNED UNIT DEVELOPMENT: A subdivision designed as a combination of
residential, commercial and industrial uses or any combination thereof planned for a tract
of land to be developed as a unit under single ownership or control, which is developed
for the purpose of selling individual lots or estates, fronting on dedicated streets, which
may include two(2)or more principal buildings.
• Eagle City Code, Section 9-3-1 Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions,
improvements and facilities done, constructed or made in accordance with said provisions
shall comply with the minimum design standards set forth in this chapter; provided,
however, that any higher standards adopted by any highway district, the Idaho
transportation department or health agency shall prevail over those set forth herein.
• Eagle City Code, Section 9-3-2 Streets and Alleys:
Section 9-3-2-1 Location:
Street and road location shall conform to the following standards:
H. Half Streets: Half streets shall be prohibited except where unusual
circumstances make such necessary to the reasonable development of a tract
in conformance with this title and where satisfactory assurance for dedication
of the remaining part of the street is provided. Whenever a tract to be
subdivided borders on an existing half or partial street, the other part of the
street shall be dedicated within such tract.
• Eagle City Code, Section 9-3-6 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(121
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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• Eagle City Code, Section 9-3-8 Public Sites and Open Spaces:
B. Natural Features: Existing natural features which add value to residential development
and enhance the attractiveness of the community(such as trees, watercourses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the
subdivision.
C. Special Development: In the case of planned unit developments and large scale
developments, the city council 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. (Ord. 88, 11-15-1983)
D. Open Spaces: The minimum percentage of the gross area that must be set aside for
open spaces in new subdivisions shall be as follows:
Zoning District' R-2 R-3 R-4 R-5 R-6-R-25
Open Space 110% 10% 10% 1-10%1 10%
• Eagle City Code, Section 9-4-1 Improvements Required:
Every subdivider shall be required to install the following public and other improvements
in accordance with the following conditions and specifications.
• Eagle City Code, Section 9-4-1-5 Streetlights:
All subdividers within the city limits and within the area of city impact shall be required to
install, at the subdividers' expense, streetlights in accordance with city specifications and
standards at locations designated by the "administrator" (as defined by section 9-1-6 of
this title, or his/her representative, hereinafter referred to as "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.
• Eagle City Code, Section 9-4-1-7 Bicycle Pathways:
A bicycle pathway shall be provided within all subdivisions as part of the public right of
way or separate easement, as may be specified by the city council.
• Eagle City Code, Section 9-4-1-8 Underground Utilities:
Underground utilities are required.
• Eagle City Code, Section 9-4-1-9 Water Supply and Sewer Extensions:
B. Approval Of Plans: All water and sewer plans shall be submitted to the Idaho
department of health and welfare or its authorized agent for approval in accordance
with the provisions of section 50-1326, Idaho Code.
C. Pressurized Irrigation Facilities:
1. For any new subdivision and/or PUD,to be provided with a public water
system and containing more than four(4) lots, all residential dwelling units
within such subdivision shall be provided with a pressurized irrigation system
to be served with irrigation water unless a waiver, as outlined herein, is
approved by the city council.
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• Eagle City Code, Section 9-4-1-10 Storm Drainage, Flood Controls:
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.
E. Runoff From Impervious Cover: Runoff from areas of concentrated impervious cover
(for example,roofs, driveways and roads)shall be collected and transported to a
natural drainageway with sufficient capacity to accept the discharge without undue
erosion.
• Eagle City Code, Section 9-4-1-11 Fire Hydrants and Water Mains:
Adequate fire protection shall be required in accordance with the appropriate fire district
standards.
• Eagle City Code, Section 9-4-1-12 Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be required
for the protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision
plats shall show the location of all buffer areas.
• Eagle City Code, Section 9-5-4-3 (C) Storage Areas:
Storage areas shall be provided for the anticipated needs of boats, campers and trailers.
For typical residential development, one adequate space shall be provided for every two
(2) living units. This may be reduced by the City Council if there is a showing that the
needs of a particular development are less.
• Eagle City Code, Section 9-5-4-3 (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.
E. DISCUSSION:
• The Eagle Comprehensive Plan Land Use Map designates the property as "Residential
Four" with a density not to exceed four (4) units per acre. The overall density of the
proposed Alderwood No. 3 Planned Unit Development is four (4) units per acre. The
proposed lots within the development will range in size from 8,170 square feet to 9,407
square feet,which meets the 8,000 square foot minimum lot size for an R-4 zone.
• The applicant is requesting a planned unit development designation to allow for reduced
lot widths and setbacks. The minimum area required for a planned unit development per
Eagle City Coded is three (3) acres. The subject property is 2.75 acres in size. Staff
advised the applicant to work with the adjacent developer of Alderwood No. 2 to allow for
the sharing of the open space amenities and pressurized irrigation so that the two
developments would function as one development, thus allowing staff to make findings
for the approval of a planned unit development even though it is under the minimum three
(3) acre area size requirement for a residential planned unit development. As of this date
the City has not received documentation of an agreement between the developers of
Alderwood No. 2 (Eudora Estates) and Alderwood No. 3 indicating they plan on
combining the two (2) developments to meet the minimum area required for a planned
unit development. Staff recommends that the applicant provide a preliminary plat showing
the lots within Alderwood No. 3 to meet the minimum dimensional requirements of an R-
4 zone in regard to minimum lot size, frontage, and lot width. If the applicant requests
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this application move forward as a planned unit development the applicant should provide
a Memorandum of Agreement (MOA) with the developer of Alderwood No. 2 (Eudora
Estates Subdivision)that the residents of Alderwood No. 3 will share the common lots and
pressurized irrigation and maintenance thereof. The draft copy of the Memorandum of
Agreement (MOA) should be provided prior to approval of a preliminary development
plan/preliminary plat.
• The house elevations provided with the application show the homes with front loaded
garages. Due to the width of the lots within Alderwood No. 1 and Alderwood No. 2
(Eudora Estates)the homes have alley-loaded garages. Alderwood No. 2 was conditioned
to construct additional width to the alley serving Alderwood No. 1 to allow for the
adjoining subdivisions to share the access to the alley-loaded garages. Should the
applicant proceed with a planned unit development/preliminary plat the applicant should
provide a planned unit development/preliminary plat showing the development to have
alley-loaded garages to be compatible with the neighborhood. If the applicant wishes to
retain homes with front loaded garages the applicant should provide a preliminary plat
showing the lots to meet the minimum dimensional standards for an R-4 zone.
• The preliminary plat date stamped by the City on January 23, 2007, shows roadway cross
section details showing the sidewalks to be located within the required utility and drainage
easements adjacent to the street. Eagle City Code 9-3-6 requires that all utility easements
should be unobstructed. The applicant should provide a revised preliminary plat and
roadway cross section showing a minimum of twelve feet(12') feet in width with a
minimum ten feet(10')of unobstructed easement adjacent to the street.
• The preliminary plat date stamped by the City on January 23,2007, indicates the
easements adjacent to the subdivision boundary and public right-of-way to be ten feet
(10') in width and five feet(5')wide on each side of the interior lot lines. Per Eagle City
Code easements are to be twelve feet(12') in width. The applicant should provide a
preliminary plat showing the easements to be twelve feet(12') in width unless a reduction
is approved by the City Council.
• Within the plat notes of the preliminary plat date stamped by the City on January 23,
2007, plat note#10 indicates that sewer, water, storm drainage, and pressure irrigation
facilities have been proposed and approved with preliminary plat application for
Alderwood Subdivision No. 2. The City does not have jurisdictional authority to approve
the sewer and water facilities for the subdivision. Storm drainage and pressurized
irrigation is reviewed and approved at the time of final plat application and Alderwood
Subdivision No. 2 has not received final plat approval. The applicant should provide a
preliminary plat with the word approved removed from plat note#10.
• The preliminary plat date stamped by the City on January 23, 2007, shows the existing
home located on Lot 1,Block 1, with no street frontage. Per Eagle City Code all lots
adjacent to a public street shall have a minimum thirty-five feet(35')width of frontage.
The applicant should provide a revised preliminary plat showing Lot 1, Block 1 to have a
minimum thirty-five foot(35')width of street frontage.
• The preliminary plat date stamped by the City on January 23, 2007, shows the future
garage for the existing residence to be located within the front yard adjacent to N.
Stephenson Street. Per Eagle City Code accessory buildings are not permitted to be
located within the front or street side yard area. The applicant should provide a
preliminary plat showing the future garage located outside of the front or street side yard
area.
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• This development lies within the Eagle Water Company's service area for water. In
correspondence received from the Department of Environmental Quality (Boise Regional
Office) date stamped by the City on May 2, 2006, that due to source deficiencies the DEQ
cannot approve additional projects at this time. The applicant needs to provide
documentation from the Eagle Water Company and the Department of Environmental
Quality(Boise Regional Office) indicating that potable water service has been approved to
serve the site.
• The preliminary plat date stamped by the City on January 23, 2007, shows a half street to
be located from the entrance from W. State Street south through the subdivision
approximately 660'. Per Eagle City Code, Section 9-3-2-1(1-1) states that satisfactory
assurance for dedication of the remaining street should be provided. The applicant should
provide documentation assuring that the proposed half street section connection to W.
State Street will be completed when the property adjacent to the east is developed. This
documentation shall be provided prior to submitting a preliminary development
plan/preliminary plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends denial of the requested subdivision. A recommendation of approval could be obtained if
the following concerns could be addressed.
• Provide a preliminary plat showing the lots meeting the dimensional requirements of an R-4 zone
in regard to minimum lot size, frontage, and lot width.
• Provide a preliminary plat showing Lot 1, Block 1 to have a minimum thirty-five foot(35')width
of street frontage prior to submitting a design review application.
• Provide a preliminary plat showing the future garage for the existing home located outside of the
front and street side yard area.
• If the applicant requests this application move forward as a planned unit development the applicant
should provide a Memorandum of Agreement (MOA) with the developer of Alderwood No. 2
(Eudora Estates Subdivision) that the residents of Alderwood No. 2 (Eudora Estates) and
Alderwood No. 3 will share the common lots and pressurized irrigation and maintenance thereof.
The draft copy of the Memorandum of Agreement(MOA) should be provided prior to approval of
a preliminary development plan/preliminary plat.
• Should a Memorandum of Agreement be provided to work with the adjoining developer the
applicant should provide a planned unit development/preliminary plat showing the development to
have alley-loaded garages to be compatible with Alderwood No. I and Alderwood No. 2.
The preliminary development plan/preliminary plat should show a sixteen-foot (16') wide alley
located within a twenty-foot wide easement providing access to alley loaded garages. The
preliminary plat should also state cross access will be provided to the properties abutting the 20-
foot wide paved access easement.
• Provide a preliminary plat and roadway cross section showing a total of twelve feet (12') in width
of easement and a minimum of ten feet (10') in width of unobstructed easement adjacent to the
street.
• Provide documentation assuring that the proposed half street section connection to W. State Street
will be completed when the property adjacent to the east is developed. This documentation shall be
provided prior to submitting preliminary plat.
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• Provide a preliminary plat with a plat note which does not indicate that water, sewer, storm
drainage and pressurized irrigation is approved for the site.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
April 16, 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 from no one(not including the applicant/representative).
C. Oral testimony in opposition to this proposal was presented by no one.
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the
Planning and Zoning Commission by one (1) individual who had a question regarding whether
or not the subdivision will have a direct street connection to West State Street.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend denial of CU-03-07/PPUD-01-07/PP-03-07 for a
conditional use, preliminary development plan, and preliminary plat for Alderwood No. 3
Subdivision for Wayne Swanson. A favorable recommendation could be provided if the concerns
shown within their Findings of Fact and Conclusions of Law document, dated May 7, 2007,were
addressed.
PUBLIC HEARING OF THE COUNCIL
A. A public hearing on the application was held before the City Council on May 22, 2007, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council from no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented by no one.
COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve CU-03-07/PPUD-01-07/PP-03-07 for a
conditional use permit, preliminary development plan, and preliminary plat for Alderwood No. 3,
for Wayne Swanson, based on the revised landscape plan, revised preliminary plat, and
documentation stating the owners of Alderwood No. 2 and Alderwood No. 3 will work on an
agreement for the operation and maintenance of the common areas and pressurized irrigation with
the following site specific of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. 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.
3. Provide documentation from the Eagle Water Company and the Department of Environmental
Quality (Boise Regional Office) indicating that potable water service has been approved to
serve the site prior to the applicant submitting a final development plan/final plat application
and/or prior to the submittal of an extension of time application, which ever occurs first
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4. All existing structures(garage, detached accessory structures, etc.)designated to be removed
on the preliminary plat date stamped by the City on May 16, 2007, shall be removed from the
site prior to the City Clerk signing the final plat. Demolition permits shall be obtained prior to
the removal of said structures.
5. Provide a Memorandum of Agreement(MOA) with the developer of Alderwood No. 2 Eudora
Estates Subdivision) and provide a condition in the CC&R's that the residents of Alderwood
No. 3 will share the common lots and pressurized irrigation and maintenance thereof. The
Memorandum of Agreement (MOA) shall be provided prior to submitting a final development
plan/final plat application.
6. Provide a revised preliminary development plan/preliminary plat and roadway cross section
showing a total of twelve feet(12') in width of easement and a minimum of ten feet(10') in
width of unobstructed easement adjacent to the street prior to submitting a final development
plan/final plat application.
7. The setbacks that are reduced from those required in Eagle City Code Section 8-2-4 are
permitted to be as follows(or as otherwise approved by the City Council):
Front 20 feet(measured from the back of sidewalk)
Rear 25 feet
Interior Side 5 feet
Street Side 20 feet
Maximum lot coverage 40%
8. Provide documentation assuring that the proposed half street section connection to W. State
Street will be completed when the property adjacent to the east is developed. This
documentation shall be provided prior to submitting a final development plan/final plat
application and shall be reviewed and accepted by the City Attorney prior to approval of the
final plat.
9. Any overhead utilities and existing poles serving the existing dwelling and accessory
structures shall be removed at the time the structures are removed.
10. The entire Alderwood No. 3 Subdivision development shall remain under the control of one
Homeowners Association.
11. The applicant shall comply with all applicable Eagle Sewer District's regulations and
conditions prior to submittal of the final development plan/final plat application.
12. The homes within the development shall have front entry side loaded garages as shown in the
photo example provided date stamped by the City on April May 9, 2007, and incorporated
herein by reference. To assure compliance with this condition,the applicant shall create an
architectural control committee(ACC)as a component of the subdivision CCR&S. 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.
13. 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.
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14. The applicant shall submit a design review application showing proposed subdivision signage
and a landscape plan showing perimeter fencing (if proposed), street trees, common area
landscaping, and berming, fencing, and planting details within the required 50-foot wide
buffer area (unless an alternate method of compliance is approved by the Board) along West
State Street abutting this site for review and approval by the Design Review Board prior to
submittal of a final development plan/final plat application.
15. All living trees shall be preserved, unless otherwise determined by the City Forester and City
Council. A detailed landscape plan showing how the trees will be integrated into the open
space areas or private lots (unless approved for removal by the City Forester and the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a
final plat. The applicant shall have an on-site meeting with the City Forester to survey all
existing trees. Subsequent to the on-site meeting, construction fencing shall be installed
(pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to
the commencement of any construction on the site.
16. Useable park amenities such as, picnic tables, gazebos, swing sets, or similar amenities as
determined by the City Council shall be provided within the open space areas. Landscape
plans showing open space amenities shall also be reviewed and approved by the Design
Review Board prior to submittal of a final development plan/final plat.
17. 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 generally located on each side lot
line. The trees shall be located in the 8.5-foot wide landscape strip between the sidewalk and
the curb. Prior to the City Clerk signing the final plat for each phase,the applicant shall either
install the required trees, sod, and irrigation or provide the City with a letter of credit for 150%
of the cost of the installation of all landscape and irrigation improvements within the 8.5-foot
wide landscape strip. Trees shall be installed prior to obtaining any occupancy permits for the
homes. A temporary occupancy may be issued if weather does not permit landscaping.
18. The applicant shall place a note on the final plat stating that all common areas are to be owned
and maintained by the Alderwood No. 3 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 Alderwood No. 3 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.
19. In lieu of providing an on-site storage area for boats, campers and trailers, the developer shall
provide a copy of the subdivision CC&R's showing the prohibition of the storage of
recreational vehicles, utility trailers, etc. within the development for review by staff and the
City Attorney prior to submitting application for final development plan/final plat approval.
20. In lieu of providing a maintenance building on-site,the developer shall provide justification on
how the maintenance of the common areas will be handled without the need of a maintenance
building the CC&R's shall show that the common areas shall be maintained by a contracted
property/landscaping company.
21. 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 submittal of a
final development plan/final plat application.
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22. Place a note on the final plat which states that the subdivision shall comply with Idaho Code
Section 31-3805 concerning irrigation water.
STANDARD CONDITIONS OF APPROVAL:
1. 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(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water 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 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
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
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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
(1) 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
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.
c. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
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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 Council or 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
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.
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27. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to 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.
31. 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.
32. 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.
33. 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.
34. Provide plans showing street lighting details for review and approval by the Zoning Administrator
with the submittal of the final plat. The plans shall show how the streetlights will facilitate the
"Dark Sky"concept of lighting.
35. Any stub street 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".
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 985 W. State Street at 6:00 PM, January 9, 2007, in compliance
with the application submittal requirement of Eagle City Code. The applications for this item were
received by the City of Eagle on January 22, 2007.
The applicant provided a revised landscape plan on May 15, 2007, revised preliminary plat on May 16,
2007, and documentation that Garrett Stephenson with RTB Investments, LLC, (developer of
Alderwood No. 2) and Mr. Swanson will establish an agreement for the operation and maintenance of
the common areas and pressurized irrigation. The revised landscape plan, revised preliminary plat, and
documentation was provided prior to the City Council hearing for this application.
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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
Code on March 26, 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 26, 2007. Requests for agencies' reviews
were transmitted on March 2, 2007 in accordance with the requirements of the Eagle City Code. The
site was posted in accordance with the Eagle City Code on April 5, 2007.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on May 7, 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 May 2, 2007. The site was posted in accordance with the Eagle City Code on May 12,
2007.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-03-07/PPUD-01-07/PP-03-07) and based
upon the information provided concludes that the proposed development is in accordance with the City
of Eagle Comprehensive Plan and established goals and objectives because:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community because;
The intent of the Alderwood No. 3 Planned Unit Development is to provide a development similar
to Alderwood Village and the proposed Eudora Estates Planned Unit Development(Alderwood
No. 2)which are adjacent to the east.
2. That the development be designed, constructed,operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area because;
Alderwood No. 3 development will provide similar lots sizes and densities to the proposed Eudora
Estates Planned Unit Development(Alderwood No. 2)to the east. The developers of each
development will also be entering into a Memorandum of Agreement(MOA)to share the open
space and the operation and maintenance of the common lots located within this development and
Eudora Estates Planned Unit Development(Alderwood No. 2).
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The development will have access to West State Street. The site will be serviced by central water
and sewer.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of 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. The proposed dwelling units on
the site will be compatible with the existing residential units and proposed residential units to the
east and the church site to the west.
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5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools because;
Development of sewer, water, drainage, streets and other urban services will be provided at the
developer's expense. The 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 as conditioned within the site specific conditions, to serve any and all uses allowed on
this property under the current zoning;
6. 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, water, or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal because;
The development plan was designed with consideration given to working with the developer of
Eudora Estates Planned Unit Development(Alderwood No. 2)to share the open space(pocket
park)and common lots provided within the developments,which provides an opportunity for
residents to congregate and socialize in a central area.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
Access to the development will be from West Krasen Street and West State Street. The design and
construction of the roadways and entrances is guided by the Ada County Highway District.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
The existing trees that are located on the site will be preserved or upon their removal (if approved
by the City)will be replaced with an equivalent amount of new trees in accordance with Eagle City
Code.
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 because;
The proposed development fits well with the Comprehensive Plan since the Plan calls for
Residential Four(densities of up to four dwelling units per gross acre for this area).
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8 because;
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This application requests approval for a preliminary development plan and conditional use permit
as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet
the conditions herein. In addition,the development will be required to submit an application for
design review and comply with all Eagle City Codes and conditions of approval of the design
review.
12. That the benefits, 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 development provides for a residential use similar to the existing "neo-traditional"
development of Eudora Estates Planned Unit Development (Alderwood No. 2) to the east and as
conditioned within the Site Specific Conditions the developer will be required to work with the
developer of Eudora Estates Planned Unit Development (Alderwood No. 2) and enter into a
Memorandum of Agreement (MOA) for sharing the open space lots as well as the operation and
maintenance of the pressurized irrigation system.
4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 12th day of June 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Cou , Idaho
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Sharon��cc. Bergmann, Eagle City Clerk ''•••1
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