Findings - PZ - 2013 - A-04-12/12RZ-06-12/CU-05-12/PPUD-03-12/PP-04-12 - Annex, Rezone With Da, Ccup, Ppdp,Pp For Hcr/Level 3 Subdivision BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
FOR AN ANNEXATION,REZONE WITH )
DEVELOPMENT AGREEMENT, CONDITIONAL )
USE PERMIT,PRELIMINARY DEVELOPMENT )
PLAN,AND PRELIMINARY PLAT FOR THE )
HCR/LEVEL 3 SUBDIVISION FOR HOME )
CAPITAL RESOURCES,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-04-12/RZ-06-12/CU-05-12/PPUD-03-12/PP-04-12
The above-entitled annexation, rezone with development agreement, conditional use permit, preliminary
development plan, and preliminary plat applications came before the Eagle Planning and Zoning
Commission for their consideration on March 4, 2013. The public hearing was continued to March 18,
2013, at which time the Commission made their recommendation. 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:
Home Capital Resources, LLC, represented by Jason Densmer with The Land Group, Inc,.
is requesting annexation, rezone from RUT (Rural-Urban Transition — Ada County
designation) to R-4-DA-P (Residential up to four (4) units per acre with a development
agreement PUD), conditional use, preliminary development plan, and preliminary plat
approvals for HCR/Level 3 Subdivision, a 55-lot (45 buildable, 10 common) residential
subdivision. The 16.26-acre planned unit development is generally located on the south
side of West State Street (SH-44) approximately 650-feet west of the intersection of West
State Street(SH-44)and North Linder Road at 5001 and 5025 West State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, Wednesday, December 19, 2012, at the
office of The Land Group, 462 East Shore Drive, Suite 100, Eagle, in compliance with the
application submittal requirement of Eagle City Code. The applications for this item was
received by the City of Eagle on January 3, 2013, a revised application was received by
the City of Eagle on February 11, 2013.
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 February 11, 2013. 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 February 15, 2013. Requests for agencies' reviews were transmitted on January
9, 2013, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF PREVIOUS ACTIONS:None
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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 Mixed Use, RUT(Ada County Two single-family
Residential One, and Designation) residences and vacant land
Scenic Corridor
Proposed No Change R-4-DA-P(Residential Single-Family, Residential
maximum four units/acre Planned Unit Development
with a development
agreement and a planned
unit development)
North of site High Density MU-DA(Mixed Use with The Preserve Planned Unit
Residential a development Development(Eaglefield
agreement)and RUT Estates Subdivision)
(Ada County
Designation)
South of site Residential Estates RUT(Ada County Boise River
and Floodway Designation)
East of site Mixed Use and MU-DA(Mixed Use with Proposed Orchards at Eagle
Residential One a development development
agreement)
West of site Mixed Use, RUT(Ada County Single-family residence
Residential One, and Designation)
Scenic Corridor
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site— 16.26-acres
Total Number of Lots—55
Residential—45 (inclusive of 2 existing dwellings)
Commercial—0
Industrial—0
Common— 10
Total Number of Units-
Single-family—45
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 2.77-dwelling units per acre Up to four(4)units per
acre maximum
Minimum Lot Size 8,085-square feet 8,000-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 8-6-5-5
[A]).
Minimum Lot Width 78-feet 70-feet(minimum)
Minimum Street Frontage 20-feet(Lot 7,Block 1)—all 35-feet(minimum)
remaining lots are greater than
35
Total Acreage of Common Area 3.58-acres 3.25-acres(minimum)
Open Space
Percent of Site as Common Area 22.01% 20%
Open Space Except that, according to
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.
I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat, date stamped by the City on February 11, 2013, shows a
common lot located adjacent to State Street (SH-44) to provide for a landscaped
buffer area as required pursuant to Eagle City Code Section 8-2A-7(J)(4)(c). The
preliminary plat also shows a proposed 10-foot wide asphalt paved greenbelt pathway
to be located in proximity to the southern property line and the Boise River.
Open Space:
The proposed development includes 3.58-acres (22%) of common area. The common
areas consist of the required buffer area located adjacent to State Street(SH-44)with a
proposed eight foot(8') wide regional pathway along State Street, a proposed ten foot
(10') wide regional pathway along the north side of the Boise River, planter strips,
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and a cul-de-sac island. The preliminary plat also delineates proposed ACHD drainage
basins located within three (3) of the open space areas (Lot 8, Block 1, Lot 12, Block
2, and Lot 6, Block 3)). It should be noted that the proposed ACHD drainage basins
covers a majority of two (2) of the open areas (Lot 8, Block 1 and Lot 12, Block 2)
which may make that portion of the open space area unusable by the residents of the
subdivision following significant storm events.
Storm Drainage and Flood Control:
Street drainage plans have been submitted by the applicant as required by the
Subdivision Ordinance. Specific drainage system plans are to be submitted to the City
Engineer for review and approval prior to the City Engineer signing the final plat.
The plans are to show how swales, or drain piping, will be developed in the drainage
easements. Also, the CC&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.
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 site contains two (2) existing dwellings that are served by individual septic
systems. The applicant will be required obtain the proper permits and abandon the
septic systems prior to the City Clerk signing the final plat.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required
to be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts
are discovered during excavation or development of the site, state law requires
immediate notification to the state.
J. STREET DESIGN:
Private or Public Streets:
The typical internal street section shown the preliminary plat, date stamped by the City
on February 11, 2013, shows a 50-foot wide right-of-way street section with a 36-foot
wide travel way including rolled curbing throughout the subdivision. The street
section also shows a 15-foot wide public utility, drainage, and irrigation easement
inclusive of a seven-foot(7')wide ACHD sidewalk easement.
Applicant's Justification for Private Streets(if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
One(1)cul-de-sac is proposed for this site:
The cul-de-sac is approximately 180-feet on length and is located at the southeast
corner of the proposed development.
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Sidewalks:
The preliminary plat, date stamped by the City on February 11, 2013, shows a
detached five-foot (5') wide concrete sidewalk abutting the planter strips located on
both sides of the interior roadways with the exception of 500-feet of the west side of
Avenue"A" from the entrance to State Street (SH-44) traveling south to the point the
street connects to Avenue"B". The preliminary plat also shows no sidewalk located at
the northwest corner of Avenue "C" and Avenue "E" and no sidewalk located on the
north side of Old Valley Road from the eastern property line traveling 120-feet to the
west.
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 approval by the Ada County Street Names Committee has not been
received to date. Approval from that committee is required prior to final plat
approval.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian walkways are provide throughout the development through a detached
sidewalk system located adjacent to the interior streets, proposed regional pathway
located adjacent to State Street (SH-44), and a greenbelt pathway located adjacent to
the Boise River.
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.
L. PUBLIC USES PROPOSED:None proposed
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—the site contains mature trees located in proximity to the two(2)existing
residences, the western property boundary, and the area where the two (2) proposed roads
providing access to,the subdivision will be located.
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
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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 February 20, 2013 are of
special concern(attached to the staff report).
Ada County Highway District — Required the applicant to construct the roads as shown the
preliminary plat, date stamped by the City on February 11, 2013. The applicant will also be
required to provide a right-of-way easement for any portion of a sidewalk located outside of
the right-of-way and a permanent right-of-way easement for the landscape island located
within the cul-de-sac. The applicant will also be required to construct Old Valley Road to a
minimum of 24 feet of pavement with a 3-foot wide gravel shoulder.
Central District Health — Indicated that central water and central sewage services will be
required. It also indicated that infiltration beds for storm water disposal are considered
shallow wells and an application and fee will need to be submitted.
Chevron Pipe Line Company—No conflicts
Eagle Fire Department — Indicated that the property located at the intersection of Avenue E
and Avenue C appears to be in the right-of-way, addresses that the minimum number of fire
hydrants shall meet the requirements of the International Fire Code, requires that fire flows at
the hydrants shall be approved prior to the issuance of building permits, approved street signs
and blue reflective markers denoting fire hydrant locations on the streets shall be installed
and approved prior to the issuance of building permits. The correspondence also indicated
that the Eagle Fire Department does not approve of the plat currently proposed. The
Department provided additional correspondence, date stamped by the City on March 12,
2013, that indicated that the applicant has provided the required information regarding the
Department's concerns regarding the turning radius required by the Department and that
the Department is recommending approval with the remaining conditions found within
their original correspondence, date stamped by the City on March 7, 2013.
Eagle Sewer District —Indicated that the property is currently not annexed into the District.
The applicant has submitted a request for annexation to the District and the final Annexation
Order will be approved on April 8`h. The correspondence also indicated that it appears that
the project will gravity serve to the Old Valley Lift Station and that the proposed sewer plans
will need to be submitted and approved by the District's engineer and general manager.
Idaho Transportation Department—Provided the following comments:
1. ITD has no objections to the proposed development and the development will
generate traffic volumes similar to the assumed trip generation in the comprehensive
plan.
2. The site will generate to few trips to require a traffic study.
3. Indicated that the applicant should be aware that ITD is currently reconstructing and
•
widening SOH--44 from West Linder Road to Ballantyne Road.
4. The applicant will be required to obtain a revised approach permit for the relocation
of the existing approach.
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5. The SH-44 widening project affects part of the development site but does not include
the intersection with Avenue A. The applicant will be required to provide a westbound
left turn lane on SH-44.
6. The proposed sidewalk to be located adjacent to the State Highway System. ITD will
require that the sidewalk be located outside of LTD's public right-of-way.
Little Pioneer Ditch Company—Indicated that there is an easement and roadway for access to
the Ditch Company's diversion in the Boise River. The correspondence also indicated that
any proposed changes will require written approval and a license agreement from the Ditch
Company.
Republic Services—No comment
Q. LETTERS FROM THE PUBLIC:None received to date
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to develop the subdivision in a single phase.
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.
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.
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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. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as
the following:
Residential One
Suitable primarily for single family residential development within areas that are rural in
character. An allowable density of up to 1 unit per 1 acre.
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within Downtown Eagle.
Development within this land use designation should be required to proceed through the PUD
and/or Development Agreement process, see specific planning area text for a complete
description. An allowable density of up to 20 units per 1 acre.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors
and natural features through the city. These areas may require berming, enhanced
landscaping, detached meandering pathways and appropriate signage controls.
This designation includes the Willow Creek Scenic Corridor that is to provide increase
setbacks and buffering of development including natural vegetation and restoration, regional
trail and connectivity.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
OPEN SPACE: A common area platted as a separate lot (except for the portion of the
8 foot wide landscape strip located adjacent to and within the public right of way of a
local street), substantially open to the sky, exclusive of streets, commercial and
residential buildings, and shall be designated and intended as a usable and convenient
amenity for the residences of any proposed development.
OPEN SPACE,ACTIVE: Common area which includes, but is not limited to, athletic
fields, buildings or structures for recreational activities including picnic areas,
community garden, courses or courts, children's play area, dog play area, and
pathways, excluding passive open space areas. Landscape buffer areas not required
pursuant to subsection 8-2A-7J of this title may be considered, in part, as active open
space provided a pathway or other active amenity is located within and incorporated
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into the buffer area. Up to fifteen percent (15%) of the total area of water bodies (i.e.,
ponds) within a development may be considered active open space provided there is a
finding that the ponds employ active recreation capabilities such as fishing, rafting,
canoeing, and the like.
• Eagle City Code Section 8-1-2: Open Space, Passive:
OPEN SPACE, PASSIVE: Common area which includes, but is not limited to,
landscaped buffer areas required pursuant to subsection 8-2A-7J of this title
(including the sidewalk within the buffer area), natural areas, wetland areas,
ornamental gardens, decorative fountains, and water bodies, excluding active open
space areas.
• Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area
Requirements:
Minimum
Lot Area
' Maximum Lot (Acres Or Minimum
Zoning Maximum Interior Street Covered F And Square Feet) Lot
District Height Front Rear Side Side J* H* Width I*
R-4 35' [ 20' [ 25' I 7.5' [ 20' 40% 8,000 I 70'
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• 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 and with all applicable requirements set
forth in title 8, chapter 6, "Planned Unit Developments", of this code; 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 9-3-5: Lots:
Lots shall conform to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height
and area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary
from the standards within section 8-2-4 of this code may be considered as part of the
planned unit development.
• 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. Total easement width shall not be less than twelve feet(12'), except that
lesser easement widths,to coincide with respective setbacks, may be considered as part of
the planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet(12'), except that lesser
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easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code Section 9-3-9: Water System:
The provision of a public water system shall conform to the following standards:
A. All subdivisions within the Eagle city water service area shall comply with title 6, chapter
5 of this code.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
B. Location:
2. In addition,pathways may be required to connect sites other than those noted above:
a. When there is evidence that a pedestrian/cyclist would otherwise be forced to
travel alongside a designated arterial roadway, or other roadway that may be
hazardous for nonmotorized forms of travel, in order to reach the desired
destination
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
1. 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 eight feet(8')wide and shall be
located within a sixteen foot(16')wide pedestrian access easement, however, in an
area where low volume pedestrian traffic is anticipated, the council may consider a
reduction in pathway width to six feet(6'). 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.
• Eagle City Code Section 9-5-4: Planned Unit Development:
A planned unit development is a mechanism by which the city may permit a variety in type,
design, and arrangement of structures; and enable the coordination of project characteristics
with features of a particular site in a manner consistent with the public health, safety and
welfare. A planned unit development allows for innovations and special features in site
development, including the location of structures, conservation of natural land features,
conservation of energy and efficient utilization of open space. Large scale developments as
defined herein shall be submitted as planned unit developments.
• Eagle City Code Section 9-5-4-2: Site Development Plan:
The developer shall provide a colored rendering to adequate scale to show the completed
development that will include at least the following:
A. Architectural style and building design;
B. Building materials and color;
C. Landscaping, including existing trees;
• •
D. Screening;
E. Garbage areas;
F. Parking;
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G. Open space; and
H. Open fencing.
D. DISCUSSION:
• The Eagle Comprehensive Land Use Map designates the property as Mixed Use, Residential
One (maximum density of up to one(1)unit per acre), and Scenic Corridor. The northern half
of the property located adjacent to SH-44 is designated Mixed Use which allows up to 20-
units per acre and the southern half of the property is designated Residential One. The
applicant has submitted an annexation, rezone, conditional use permit, preliminary
development plan, and preliminary plat application for a planned unit development, for
HCR/Level 3 Subdivision (River Walk), which consists of 16.26-acres located on the south
side of SH-44 approximately 685-feet west of the intersection of SH-44 and North Linder
Road. The applicant is requesting a R-4-DA-P (Residential—up to four(4)units per acre with
a development agreement — PUD) zoning designation which has an 8,000-square foot
minimum lot size. The applicant is proposing the development to have 45-buildable lots with a
density of 2.77-dwelling units per acre. The preliminary plat, date stamped by the City on
February 11, 2013, notes that there are 3.58-acres of open space. Based on 16.26-acres of
developable land this equates to 22%of open space.
• The applicant has submitted a Preliminary Development Plan and Conditional Use Permit
Application for Planned Unit Developments to allow for a reduction to the rear and side yard
setback requirements and a reduction of the required street frontage. The applicant is
requesting that the rear yard setback requirement be reduced from 25-feet to 20-feet in width.
The applicant is requesting that the side yard requirement be reduced from 7.5-feet for a single
story structure and 12.5-feet for a two story structure to 5-feet for a single story structure and
10-feet for a two story structure. The preliminary plat, date stamped by the City on February
11, 2013, shows several pressure irrigation (PIRR) lines located adjacent to side lot lines
within the development. Several of the proposed pressure irrigation lines are shown to be
located approximately 5-feet from the side lot line which coincides with the requested 5-foot
side yard setback request.
• The preliminary plat, date stamped by the City on February 11, 2013, identifies a hash mark
within the legend for delineating easements, however there are no plat notes referencing
easement widths nor does the plat identify front, rear, or side lot line easements. Pursuant to
Eagle City Code Section 9-3-6 unobstructed utility easements are required to be provided
adjacent to all front, rear, and side lot lines. In conjunction with the utility easements
drainageway easements are to be provided adjacent to the side lot lines. The easement width is
to be not less than 12-feet in width, except that lesser easement widths, to coincide with
reduces setbacks, may be considered as part of a planned unit development. The preliminary
plat also delineates a ground irrigation(GIRR)easement located within Lots 1-7, Block 1. The
easement is located adjacent to the rear lot lines of Lots 2-6, Block 1 which are buildable lots.
The GIRR easement is also located within Lot 1 and Lot 8, Block 1, which are common lots
and the interior side lot line common to Lot 4 and Lot 5, Block 1. The applicant should
provide a revised preliminary plat with a plat note referencing easements to read, 'All front
and rear lot lines shall have a 12-foot wide public utilities and pressurized irrigation easement.
All interior side yard lot lines shall have public utilities, drainageway, and pressurized
irrigation total easement width of 10-feet" The revised preliminary plat should be provided
prior to the submittal of a final plat application.
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• The preliminary plat, date stamped by the City on February 11, 2013, delineates a 10-foot
wide gravity irrigation (GIRR) easement located within Lots 1-8, Block 1. Pursuant to Eagle
City Code Section 9-3-6, easement width shall not be less than 12-feet in width except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of a
planned unit development. Since the applicant is not requesting a reduced rear yard setback
the total easement width should be a minimum of 12-feet. The applicant should provide a
revised preliminary plat showing the gravity irrigation easement (GIRR) shown on Lots 1-8,
Block 1, to be a minimum of 12-feet in width prior to submittal of a final plat application.
• The applicant submitted correspondence, date stamped by the City on January 30, 2013, in
which they requested reduced rear yard setbacks, reduced side yard setbacks, and a reduced
minimum lot frontage from what is required pursuant to Eagle City Code Section 8-2-3 for the
R-4 (residential up to four units per acre maximum) zoning district. The applicant is
requesting the rear yard setback be reduced from 25-feet to 20-feet in width, the side yard
setback be reduced from 7.5-feet (single story structure)/12.5-feet (two story structure) to 5-
feet (single story structure)/10-feet (two story structure). The applicant did not request a
reduced front yard setback or a reduced street side setback. The applicant is also requesting
that the minimum street frontage be reduced from 35-feet to 20-feet in width. The applicant
requested setbacks are as follows:
Front 20 feet
Rear 20 feet
Interior Side 5 feet
Additional Setback for
Multi-story structures 5 feet per story
Street Side 20 feet
Minimum Lot Frontage 35-feet(Lot 7, Block 1, shall be 20-feet)
• Although the applicant is not requesting any changes to the required front yard setback of 20-
feet the preliminary plat, date stamped by the City on February 11, 2013, shows a Typical
ACHD Street Section with a 7-foot wide ACHD sidewalk easement located adjacent to the
street right-of-way. The front property line is located at the road right-of-way line. Based on
the location of the front property line and the ACRD sidewalk easement structures (including
garages) could possibly be constructed within 13-feet of the back of the sidewalk. If a front
loading garage was constructed 20-feet from the front property line there would be a
possibility that vehicles parked in the driveway outside of the garage could potentially
overhang the sidewalk area. Also, since the PUDI easement is required to be located outside of
the ACHD sidewalk easement the total easement width from the front property line is 19-feet.
If in the future additional utility work was required within the allotted easement the work
could take place within one-foot (1') of the structure based on the required front yard setback
being measured from the front property line. The front yard setback for front-load garages
located within the subdivision should be a minimum of 25-feet measured from the property
line to prevent the possibility of vehicles parked in the driveway from overhanging the
sidewalk area and mitigate future impacts to the residential structures should utility, drainage,
or irrigation work need to be performed within the required PUDI easement. Staff
recommends the following setbacks:
Front 20 feet/25 feet Garage(front-load) •
Rear 20 feet
Interior Side 5 feet
Additional Setback for
Multi-story structures 5 feet per story
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Street Side 20 feet
Minimum Lot Frontage 35-feet (with the exception of Lot 7, Block 1, which shall be
20-feet)
• The preliminary plat, date stamped by the City on February 11, 2013, identifies a few existing
trees that are proposed to be removed. The aerial vicinity map, date stamped by the City on
February 11, 2013, shows trees in proximity to the existing residential dwellings and the
western property line of the proposed development where the applicant is proposing to
construct the roads. The applicant is proposing to remove several trees from the site to allow
for the construction of the proposed roads. All living trees that do not encroach upon the
buildable area on any lot should be preserved, unless otherwise determined by the Design
Review Board. The applicant should provide a tree inventory site map at the time of submittal
of a design review application.
• The preliminary plat, date stamped by the City on February 11, 2013, shows two(2) accessory
structures located within the required setbacks on Lots 1 and 2, Block 4. The accessory
structure located on Lot 1, Block 4, is located at the southeast corner of the proposed lot and
will be approximately four feet(4') from the rear property line and zero feet (0') from the side
property line. The second accessory structure is located at the northeast corner of Lot 2, Block
4, and is approximately three feet (3') from the rear property line and approximately four feet
(4') from the side property line. Upon recording of a final plat both structures will be located
within the required setbacks and public utility, drainageway, and pressurized irrigation
easements. The applicant should remove the accessory structures located at the southeast
corner of Lot 1, Block 4, and the northeast corner of Lot 2, Block 4, prior to the City Clerk
signing the final plat.
• The preliminary plat, date stamped by the City on February 11, 2013, shows a proposed eight
foot (8') wide regional pathway located in the common lot (Lot 6, Block 3) adjacent to State
Street (SH-44). Pursuant to Eagle City Code Section 9-4-1-6 (D)(1)regional pathways located
adjacent to major roadways should be a minimum of 10-feet in width and located within a 20-
foot wide pedestrian access easement. The applicant should provide a revised preliminary plat
showing a 10-foot wide regional pathway located within Lot 6, Block 3, and adjacent to State
Street (SH-44). The revised preliminary plat should be provided prior to submittal of a final
plat application.
• Pursuant to City of Eagle Resolution No. 08-09, the applicant is required to pay Storage and
Trunk Line(STL) fees for each lot located within the City of Eagle's Municipal Water System
Service Area. The amount to be paid for each lot is $1,050.00 at the time of preliminary plat
application and$1,050.00 at the time of final plat application for a total of$2,100.00. To date,
the applicant has not paid the required STL Fees. The proposed subdivision consists of 45-
buildable lots, therefore the applicant should be required to pay the required $94,500.00 in
Storage Trunk Line Fees at the time of submittal of a final plat application.
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 HCR/Level 3 Subdivision with conditions to be placed within a development
agreement and subdivision site specific conditions of approval and standard conditions of
approval, all as provided within the staff report.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on March 4,
2013. The public hearing was continued to March 18, 2013, 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 City Council by no one.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• The development is in conformance with the Comprehensive Plan based on the proposed
density.
• The accessory structures currently located adjacent to the side and rear property lines of
Lots 1 and 2, Block 4, should be removed.
• The staff recommended conditions address the concerns the Commission has regarding the
development.
• They had a concern regarding the lack of a response from the adjacent land owner
concerning the development.
COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 3 to 0 (Smith and Villegas absent)to recommend approval of A-04-12 and
RZ-06-12 for a rezone from RUT (Rural-Urban Transition—Ada County designation) to R-4-DA-P
(Residential up to four units per acre with a development agreement — PUD) for Home Capital
Resources, LLC, with the following staff recommended conditions to be placed within a
development agreement:
3.1 The maximum density for the Property shall be 2.77-dwelling units per acre(45 single-
family lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding design
review, preliminary and final plat reviews, and/or any conditional use 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.
3.3 The Concept Plan (Exhibit B) 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. 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.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the
following:
(a) An allocation of responsibility for repair and maintenance of all community and
privately owned landscaping,pressurized irrigation facilities, and amenities. The
owner shall provide an operation and maintenance manual including the funding
mechanism as an addendum to the CC&Rs and the repair and maintenance
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requirement shall run with the land and that the requirement cannot be modified ant
that the homeowners association or other entity cannot be dissolved without the
express consent of the city.
(b) A requirement for all fencing located adjacent to open space to be open-style such as
wrought iron, extruded aluminum (looks identical to wrought iron), or three-rail-type
wooden decorative fencing. All other fencing(ie. cedar fencing,vinyl, chainlink) shall
be prohibited.
(c) A requirement that In the event any of the CC&R's are less restrictive than any
government rules, regulations or ordinances, then the more restrictive government
rule, regulation or ordinances shall apply. The CC&R's are subject to all rules,
regulations, laws and ordinances of all applicable government bodies. In the event a
governmental rule, regulation, law or ordinance would render a part of the CC&R's
unlawful, then in such event that portion shall be deemed to be amended to comply
with the applicable rule, regulation, law or ordinance.
3.5 As required by Title 6 Chapter 5 Eagle City Code, the Property shall become part of the City
of Eagle's municipal water system. The water main size, to be determined by the City
Engineer, at the time of the final plat review shall be dedicated to the public and shall only
be constructed on rights of way or easements. Easements or permits secured for the main
extension shall be obtained in the name of the City, along with all rights and title to the main
at the time of service is provided to the customer paying for the extension. Water mains
shall be extended by the applicant to the north, east, and west boundaries of the development
or as otherwise designated by the City Engineer where future water system extensions are
expected to occur.
3.6 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 prior
to the submittal of the final plat. Each lot within the proposed subdivision shall use and be
connected to central sewer.
3.7 Owner shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6, a minimum ten foot(10')wide asphalt public pathway to be located within
a twenty-five foot(25')wide easement to be located within the common lot located adjacent
to the southern boundary. The specific location and design of the pathway shall be approved
by the Design Review Board. The asphalt pathway shall be located in a recorded easement
or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-
4-1-6(E)(2). The instrument number of the recorded easement or easements shall be
referenced on the face of the plat for HCR/Level 3 Subdivision,upon recordation of the final
plat wherein the pathway is located.
COMMISSION DECISION REGARDING THE PLANNED UNIT DEVELOPMENT AND
PRELIMINARY PLAT:
The Commission voted 3 to 0 (Smith and Villegas absent) to recommend approval of the
HCR/Level 3 Subdivision (CU-05-12/PPUD-03-12/PP-04-12) for Home Capital Resources, LLC,
with the following staff recommended site specific and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-06-12.
2. Comply with all requirements of the City Engineer.
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3. 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. (ECC 9-2-3 [C] [3] [1])
4. The applicant shall be required to pay the required $94,500.00 Storage Trunk Line fee at the time
of submittal of a final plat application. (Resolution No. 08-09)
5. Provide a revised preliminary plat with a plat note referencing easements to read, 'All front and
rear lot lines shall have a 12-foot wide public utilities and pressurized irrigation easement. All
interior side yard lot lines shall have public utilities, drainageway, and pressurized irrigation total
easement width of 10-feet"The revised preliminary plat shall be provided prior to the submittal of
a final plat application. (ECC 9-3-6)
6. Provide a revised preliminary plat showing the gravity irrigation easement(GIRR) shown on Lots
1-8, Block 1, to be a minimum of 12-feet in width prior to submittal of a final plat application.
(ECC 9-3-6)
7. The required setbacks shall be as follows:
Front 20 feet/25 feet Garage(front-load)
Rear 20 feet
Interior Side 5 feet
Additional Setback for
Multi-story structures 5 feet per story
Street Side 20 feet
Minimum Lot Frontage 35-feet(Lot 7, Block 1, shall be 20-feet)
8. Provide a revised preliminary plat showing a 10-foot wide regional pathway located within Lot 6,
Block 3, and adjacent to State Street (SH-44). The revised preliminary plat should be provided
prior to submittal of a final plat application. (ECC 9-4-1-6[B][2][a] and 9-4-1-6[D][1])
9. All overhead utilities on the site shall be removed and/or placed underground prior to the City
Clerk signing the final plat. (ECC 9-4-1-8)
10. The applicant shall provide a tree inventory site map at the time of submittal of a design review
application
11. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. 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 Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review
Board's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
12. The developer shall provide 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 and
within five-feet (5') of the edge of the roadway. 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 landscape strips. 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. (ECC 8-
2A-7[E] and ECC 8-2A-18)
13. The applicant shall remove the accessory structures located at the southeast corner of Lot 1, Block
4, and the northeast corner of Lot 2, Block 4,prior to the City Clerk signing the final plat. (ECC 8-
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2-4 and ECC 9-3-6)
14. 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 approval of a final plat. (ECC
9-4-1-2)
15. The HCR/Level 3 Subdivision shall remain under the control of one Homeowners Association.
(ECC 9-3-8[D][4])
16. The applicant shall place a note on the final plat that the pressurized irrigation system and all
common lots are to be owned and maintained by the Homeowner's Association.
17. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][1])
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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.
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.
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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, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, 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. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch,pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch,pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. 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.
14. 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.
15. 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:
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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 (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be 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.
16. 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 fmal 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.
17. 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.
18. 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.
19. 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.
20. 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
fmal plat by the City Council.
21. 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".
22. 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.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consic,,eration of the final plat.
24. 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.
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25. 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.
26. Basements in homes in the flood plain are prohibited.
27. 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.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. 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.
30. 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.
31. 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.
32. 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.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
34. 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.
35. 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.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet
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above the ground)noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at Eagle City Hall(Freedom Room) at 6:00 PM, Wednesday, June
13, 2012, in compliance with the application submittal requirement of Eagle City Code. The
applications for this item were received for this item by the City of Eagle on July 27, 2012.
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 September 14, 2012, in the Idaho Statesman and on September 17, 2012, in the Valley Times.
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 September 11, 2012. Requests for agencies' reviews were transmitted on July 31, 2012
in accordance with the requirements of the Eagle City Code. The site was posted in accordance with
the Eagle City Code on September 14, 2012.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone with a
development agreement (RZ-06-12) 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 zoning designation of R-4-DA-P (Residential up to four units per acre with a
development agreement—PUD)complies with the Mixed Use and Residential One designations
as shown on the Comprehensive Plan land Use Map since the applicant is not proposing more
than three units per acre and the proposed density is within the densities allowed with the two
designations; 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 required to be provided,
to serve a single-family dwelling residential subdivision on this property under the proposed
zone;
c. The proposed R-4-DA-P (Residential up to three units per acre with a development agreement—
PUD) zoning district is compatible with the RUT (Rural-Urban Transitional — Ada County
designation) and MU-DA (Mixed Use with a development agreement) zones and land uses to
the north since this area is designated High Density Residential in the Comprehensive Plan
and is developed or may be developed in the same manner as the proposed development; and
d. The proposed R-4-DA-P (Residential up to four units per acre with a development agreement—
PUD) zoning district is compatible with the RUT (Rural-Urban Transitional — Ada County
designation) zone and land use to the south since this area is designated as Floodway in the
Comprehensive Plan and no development will be permitted in this area; and
e. The proposed R-4-DA-P (Residential up to four units per acre with a development agreement—
PUD) zoning district is compatible with MU-DA (Mixed Use with a development agreement)
zone and land uses to the east since this area is designated Mixed Use and Residential One in
the Comprehensive Plan and is proposed to be developed with a higher density as the
proposed development; and
f. The proposed R-4-DA-P (Residential up to four units per acre with a development agreement—
PUD) zoning district RUT (Rural-Urban Transition - Ada County designation) zone and land
use to the west since this area is designated Mixed Use and Residential One in the
Comprehensive Plan and could be developed in the same manner as the proposed
development; and
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g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone since the accessory
structures located adjacent to the property lines on Lots 1 and 2, Block 4, are required to be
removed.
4. The Commission reviewed the particular facts and circumstances of this proposed rezone, conditional
use permit, preliminary development plan, and preliminary plat (CU-05-12/PPUD-03-12/PP-04-12)
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:
a. 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.
The intent of the HCR/Level 3 Subdivision is to provide a development with quality housing
and amenities that takes advantage of the Boise River as a natural resource. The increase to the
community tax base as a result of the project will assure there is no detrimental impact to the
economic welfare of the community; and
b. 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.
The HCR/Level 3 Subdivision is designed to not exceed the total allowed density of the area
and provide lots of comparable size to the surrounding developments. The proposed
development provides a variety of lot sizes and housing types to blend in with the adjacent
development and future development; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
The development will have access to Old Valley Road and State Highway 44. The site will be
served by central water and sewer; and
d. 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.
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 existing or proposed residential uses in the
area; and
e. 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.
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.
f. That the development will not create excessive additional requirements at public cost for
public facilities and services.
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 the highway district.
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g. 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.
The development provides open areas, areas of special interest, pathways and other special
features commensurate with its location and appropriately responding to the irregular shape of
the original parcel.
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
The development will gain access to State Highway 44 at an ITD-approved location, the
applicant is also required to provide a left-turn lane on State Highway 44 to avoid interference
with through traffic. Secondary access is provided by connection to the extension of Old
Valley Road.
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
No natural, scenic, or historic features of major importance are known to exist on the site.
j. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development with the Comprehensive Plan by providing a transition between
the higher density residential project(Orchards at Eagle)approved to the east, and the
Residential One designated land uses envisioned by the Comprehensive Plan to the west.
k. 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.
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 developer 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.
1. 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.
Residential is the only use approved for this development.
DATED is 1.t day of April, 2013
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