Findings - PZ - 2013 - A-05-13/RZ-06-13/CU-07-13/PPUD-06-13/PP-11-13 - Rz From Rut To R2-P/Bella Terra No 2/49 Lot/17.97 Acre BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT TO R-2-P, CONDITIONAL USE )
PERMIT,PRELIMINARY DEVELOPMENT )
PLAN, AND PRELIMINARY PLAT FOR )
BELLA TERRA SUBDIVISION NO.2 FOR )
IRON MOUNTAIN REAL ESTATE,INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-05-13/RZ-06-13/CU-07-13/PPUD-06-13/PP-11-13
The above-entitled Annexation, Rezone, Conditional Use Permit, Preliminary Development Plan, and
Preliminary Plat applications came before the Eagle Planning and Zoning Commission for their
recommendation on November 18, 2013, at which time public testimony was taken and the public hearing
was closed. The Eagle Planning and Zoning 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:
Iron Mountain Real Estate, Inc., represented by Kent Brown, is requesting annexation for
a 1.04-acre outparcel and rezone from RUT (Rural-Urban Transition — Ada County
designation) to R-2-P (Residential up to two units per acre), conditional use, preliminary
development plan, preliminary plat approvals for Bella Terra Subdivision No.2, a 49-lot
(42 buildable and 7 common) planned unit development. The overall site consists of
17.97-acre and is generally located on the west side of North Linder Road north of
Floating Feather Road (approximately 1,320-feet north of the intersection of North Linder
Road and Floating Feather Road).
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Bella Terra club house at 6:00 PM, April 16,
2013, in compliance with the application submittal requirement of Eagle City Code. The
applications for these items were received by the City of Eagle on September 13, 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 October 28, 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 October 25, 2013. Requests for agencies' reviews were transmitted on
September 18, 2013, in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with the Eagle City Code on October 29, 2013.
D. HISTORY OF PREVIOUS ACTIONS:
On March 28, 2006, the City Council approved an annexation, rezone, conditional use
permit, preliminary development plan, and preliminary plat (A-17-05/RZ-24-05/CU-14-
05/PPUD-7-05/PP-16-05)for the Bella Terra Planned Unit Development.
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On January 16, 2007, the City Council approved the final development plan and final plat
FPUD-05-06/FP-12-06,for Bella Terra Subdivision Phase No. 1.
On September 6, 2007, the Bella Terra Subdivision No. 1 final plat was recorded at the
Ada County Recorder's office.
On January 16, 2008, the preliminary plat for the Bella Terra Subdivision expired.
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 Two(up RUT/R-2 Vacant Land
to two units/acre)
Proposed Residential Two(up R-2-P(Residential— Residential/Single Family
to two units/acre) up to two(2) units
per acre with a PUD)
North of site Residential Two(up Residential Two (up Residential/Single Family(Bella
to two units/acre) to two units/acre) Terra Sub No.1)
South of site Residential Two(up Residential Two(up Vacant Land
to two units/acre) to two units/acre)
East of site Residential Two(up Residential Two(up Residential/Single Family(Obsidian
to two units/acre) to two units/acre) &Lock Lomond Subdivisions)
West of site Residential Two(up Residential Urban Vacant Land
to two units/acre) Transition
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site— 17.97-acres
Total Number of Lots—49
Residential—42
Commercial—0
Industrial—0
Common—7
Total Number of Units -
Single-family—42
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 1.96* 2-dwelling units per acre maximum
Minimum Lot Size 8,308 17,000-square feet
Minimum Lot Width 72-feet 75-feet
Minimum Street Frontage 33-feet 35-feet
Total Acreage of Common 11.64-acres* 11.59-acres minimum
Area Open Space
Percent of Site as Common 30% 29.85%
Area 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.
*The proposed Dwelling Units Per Gross Acre and Total Acreage of Common Area Open Space is based
on both phases of Bella Terra Subdivision.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on September 13, 2013, shows a 60-foot
wide common lot located adjacent to North Linder Road. North Linder Road is designated
as a principal arterial roadway. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(c), a 75-
foot wide landscape strip is required adjacent to Linder Road with a minimum ten foot
high berm/wall combination with extensive landscaping to provide a buffer.
Open Space:
A total of 11.64-acres (30%) of common area is proposed within the Bella Terra planned
unit development in its entirety (including Bella Terra Subdivision Phase 1). The common
area is a combination of large common lots, linear pathways, road buffer areas, and street
landscape islands.
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.
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)—No.
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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 preliminary plat, date stamped by the City on September 13, 2013, contains a typical
street section showing the streets within the development to be a 36-foot wide roadway
section (within 50-feet of right-of-way), with seven-feet (7') of the eight-foot (8') wide
planter strip located within the right-of-way. Each lane will be 18-feet wide (measured
centerline of roadway to back of curb).
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:
• N. Livorno Place: 165-feet in length,45-foot radius. No island is proposed.
Two(2)knuckles are proposed for this site:
• N. Tuscolano Ave/W. Braveheart Dr. intersection: 45-foot radius. No island is
proposed.
• N. Monterossa Way/W. Braveheart Dr. intersection: 45-foot radius. No island is
proposed.
Sidewalks:
• A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter
strips located outside of the proposed right-of-way on both sides of all interior
public roadways. A detached five-foot (5') wide concrete bicycle/pedestrian
pathway is proposed abutting the site along North Linder Road.
• A detached five-foot (5') wide asphalt pathway is proposed adjacent to the storm
drainage pond.
• A detached seven-foot (7') wide asphalt pathway is proposed tying into the
existing ten-foot (10') regional pathway from the south side of lot 17, block 2,
around to the back side of lots 18 and 17 into the existing pathway.
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 shall be provided prior
to final plat approval.
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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.
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 (along the west side of the site)
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 October 10, 2013 are of special
concern(see attached).
Ada County Highway District
Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
Idaho Transportation Department
Settlers Irrigation District
Q. LETTERS FROM THE PUBLIC:
Karen Severin stated in correspondence date stamped by the City on October 29, 2013, requesting
clarification on the annexation of this development, whether the second phase would have the
same enforcement as phase one as outlined in the CCR's and ACC, and who owned the irrigation
pond.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is
proposing to construct the subdivision as a single phase.
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S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the 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.
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.
13. In cases where an increase in residential density of up to 15% of the allowable number of
dwelling units is requested:
14. LANDSCAPING:
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of existing
landscape, pedestrian way treatment, and recreational areas, incorporated into this development,
exceed that of a non PUD development.
15. SITING:
That the quality of the designs for visual focal points, use of existing features such as topography,
view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation pattern, physical
environment, variation in building setbacks, and building grouping (such as clustering),
incorporated into this development,exceed that of a non PUD development.
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16. DESIGN FEATURES:
That the quality of the designs for street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features, and varied use of housing types, incorporated into
the development, exceed that of a non PUD development.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 6—Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
following:
Residential Two
Suitable primarily for single family residential development within areas that are rural in
character. An allowable density of up to 2 units per 1 acre.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2A-7 (C)(1): 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
• Eagle City Code Section 8-2A-7 (J)(4)(c): Landscape and Buffer Area Requirements:
4. Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways, to protect residential communities from
noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a
common lot located between the residential lots within the subdivision and the right of
way line of the adjacent roadway. This buffer is required as part of the common area open
space owned and maintained by a homeowners' association. Any landscaping proposed to
be within the public right of way shall not be included as a part of the buffer area required
below. The height for berming/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway (measured at the centerline) to the top
of the proposed berming/fencing. The required buffer area width, plantings, and fencing
are as follows:
c. Any road designated as a principal arterial on the transportation and pathway network
plan in the Eagle comprehensive plan:
A minimum of seventy five feet (75') wide buffer area (not including right of way)
shall be provided with the following plants per one hundred(100)linear feet of right-
of-way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental
trees, and twenty four (24) shrubs. Each required shade tree may be substituted with
two (2) flowering/ornamental trees, provided that not more than fifty percent (50%)
of the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative
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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 on 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.
• Eagle City Code Section 8-6-1 (C)
C. Objective: To guide land development and construction through the planned unit
development(PUD)to achieve the following:
1. A maximum choice of living environments by allowing a variety of housing and
building types, lot dimensions, yards,building setbacks and area requirements;
2. 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, office
uses and services;
3. 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;
4. A more efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
5. A development pattern in harmony with the objective for land use density,
transportation and community facilities as presented in the comprehensive plan.
• Eagle City Code Section 8-6-5-5 (A)
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title, except that a decrease in the minimum lot size
may be allowed if there is an "offsetting increase" of the same square footage in open
space and a favorable finding is made by the council that the smaller lots are appropriately
integrated into the overall design and that the building product type is compatible with the
PUD and surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point
for minimum open space, prior to any "offsetting increase" being added, shall be the area
that is equal to ten percent(10%) of the site. This allowance shall only be permitted under
the following criteria:
1. The total common area open space shall be equal to or greater than twenty percent
(20%), inclusive of the"offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity
and architectural and siting variation are incorporated into the development and that
these factors make up a substantial contribution to the objectives of the PUD. These
design elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical environment,
variation in building setbacks and building grouping(such as clustering; and
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c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone
under section 8-2-4 of this title.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-3-2-1 (G): Cul-de-sac.
Cul-de-sac streets shall terminate with an adequate circular turnaround having a minimum
radius of fifty feet(50')of right-of-way including a landscape island with a minimum radius of
ten feet (10'). A minimum of forty feet (40') of pavement shall be provided between the
landscape island and the outside edge of the street as measured from the face of curb of the
island to the face of curb located on the outside edge of the street. One traffic control sign
stating that on street parking is prohibited within the turnaround shall be installed at the
entrance of the turnaround on the driver's side of the street.
• Eagle City Code Section 9-3-6 (A): Easements.
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.
• Eagle City Code Section 9-3-8 (D): Common Area Open Space.
The minimum percentage of the gross area that must be set aside for common area open space
in new subdivisions shall be 18% for an R-2 Zoning District.
1. Active Open Space: A minimum of fifteen percent (15%) of the common area open space
shall be developed as active open space, as defined in section 9-1-6 of this title.
• Eagle City Code Section 9-4-1-6 (D): Pathway Design.
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.
D. DISCUSSION:
• The Eagle Comprehensive Plan designates the property as "Residential Two" with a density
not to exceed 2 units/acre. The "Residential Two" designation was envisioned to primarily
allow for single family residential development within areas that are rural in character. The
proposed development has a density of 1.96 units per acre, which includes both phases of
Bella Terra Subdivision. In order for Bella Terra Subdivision, Phase 2 to utilize the open
space and density from Phase 1, the applicant should be required to provide written
documentation from Bella Terra Subdivision Homeowners Association that they will be added
or annexed to the existing HOA. Otherwise, Bella Terra Subdivision No. 2 will need to
resubmit a preliminary plat that meets the requirements of an R-2 zone without the use of
Phase One.
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• The proposed development provides lots ranging from 8,308 square feet to 18,864 square feet
in size. The applicant is proposing an offsetting increase in open space to allow for the
reduction in lot sizes, which is allowed provided there is an offsetting increase of the same
square-footage in open space and a planned unit development is applied for and approved.
Although the applicant meets the open space (inclusive of the planter strips) requirement for
the offsetting increase in open space for lots less than the minimum lot size it should be noted
that 93% of the lots in this development do not meet the 17,000 square foot minimum lot size
in the R-2 zone. As part of the approval process for a planned unit development, preliminary
development plan and conditional use permit, the Commission and the Council have to make
findings that the development is 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 proposed development (inclusive of Phase One) includes 30% of the site as common area
open space inclusive of the planter strips adjacent to the interior roadways. Within the total
area of common area there is 9.19 acres (24%) of usable open space which provides a
combination of linear pathways and gathering places (swimming pool, club house, a pond
feature and multi-use trails with a connection to the city pathway network). 71% of all lots
within the development have direct access to the proposed open space.
• The following setbacks are proposed for Bella Terra No.2 and are consistent with what was
approved for Bella Terra Subdivision No. 1.
Setbacks for lots 17,000 square feet and greater:
Front 20'
Rear 25'
Interior Side 7.5' (additional 5' two-story)
Street Side 20'
Maximum Coverage 40%
Setbacks for lots less than 17,000 square feet:
Front 30'
Rear 30'
Interior Side 10'
Street Side 20'
Maximum Coverage 40%
• Pursuant to ECC Section 9-3-6, unobstructed utility easement shall be provided along front
and rear lot lines. The applicant should be required to provide a revised preliminary plat
identifying the front and rear lot lines as having a 12-foot wide Public Utility, Drainage, and
Irrigation(PUDI)easement.
• Lots 5, 13 & 21, Block 6 do not identify pathways to connect to the existing pathway system
that was constructed with Phase One (Lot 8, Block 6). ECC Section 9-4-1-6 (D) specifies that
micro-pathways 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. The applicant should be required to construct all
interior pathways (including common lots 5, 13 &21) as 8-foot wide pathways.
• The application identifies that there will be three (3) 20-foot wide "gravel" connective paths.
These are not identified on the submitted plat or landscape plan. ECC Section 9-4-1-6 (D)
identifies that regional pathways shall be a minimum ten feet (10') wide and shall be located
within a twenty foot (20') wide pedestrian access easement. The applicant should be required
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to construct the regional pathway located along the back side of lots 17 & 18,Block 7 as a ten-
foot(10')wide asphalt pathway.
• N. Linder Road is classified as a principal arterial roadway. Pursuant to ECC Section 8-2A-7
(J)(4)(c), the applicant should be required to provide a minimum of seventy five feet (75')
wide buffer area with a minimum ten foot(10')high berm/wall combination.
• The proposed cul-de-sac (N. Livorno Place) and two knuckles (Tuscolano Ave/W. Braveheart
Dr. intersection & Monterossa Way/W. Braveheart Dr. intersection) do not meet Eagle City
Code for cul-de-sac design. Per ECC Section 9-3-2-1 (G), the applicant should be required to
construct the cul-de-sac and two knuckles having a minimum radius of fifty feet (50') of right
of way including a landscape island with a minimum radius of ten feet(10').
• ACHD staff report dated October 8, 2013, identifies right-of-way dedication of 50-feet for
Linder Road abutting the site. Due to the additional right-of-way dedication required by
ACHD (an additional 2-feet, to total 50-feet from the centerline of West Linder Road), the
applicant should submit a revised preliminary plat showing the revised landscape buffer on
Linder Road (50-foot minimum), and revised lot square footages affected by the additional
right-of-way. The revised preliminary plat shall be provided prior to submittal of a Design
Review application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval with the site specific conditions
of approval and standard conditions of approval as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 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 opposition to the application was presented to the Planning and Zoning Commission
by one(1)individual. They were opposed for the following reasons:
• The individual was concerned about the noise, dirt and debris that will be generated with
the second phase. He felt that the builders have not been held to a high enough standard
with the construction that has been going on with phase one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
two(2)individuals. They were in favor of for the following reasons:
• The developer purchased the property from the bank and his intent was to complete the
project as close to the originally proposed as possible. He felt that this would be a great
addition to the first phase.
• An individual was concerned about the first phase not annexing phase two into the HOA,
and the financial issues that would result. He felt it would be burden to phase one to not
annex phase two. He felt phase two would be a great addition to the first phase.
D. Oral testimony neither in favor of, nor opposed to, the application was presented to the Planning and
Zoning Commission by one(1) individual who expressed the following concerns:
• The individual expressed that he had always anticipated the extension of the subdivision
with phase two. He requested that the stub street to the south be removed and replaced
with additional open space.
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COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The site specific condition of approval requiring a 75-foot wide landscape buffer on
Linder Road cannot be waived because Eagle City Code clearly specifies that it "shall"be
provided. Felt that a variance request/application should have been submitted.
• They were pleased to see the property developed, and glad to see the attendance by the
adjacent property owners. Also encouraged that the developer is working with the
existing HOA.
• They were in support of the staff recommended conditions of approval to move the
application forward.
COMMISSION DECISION:
The Commission voted 4 to 0 (Wright absent) to recommend approval of A-05-13/RZ-06-13/CU-
07-13/PPUD-06-13/PP-11-13 for an annexation and rezone from RUT to R-2-P, conditional use
permit, preliminary development plan, and preliminary plat applications for Bella Terra
Subdivision No. 2 with the following staff recommended site specific conditions 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 outstanding engineering fees and legal fees
incurred for reviewing this project,prior to the City Clerk signing the final plat.
3. Provide a revised preliminary development plan/preliminary plat showing those lots less than 75-
feet in width to be equal to or greater than 75-feet wide prior to submittal of a final development
plan/final plat application. (ECC 8-2-4).
4. All lots smaller than 17,000 square feet in size shall have the following setbacks and lot coverage
requirements (ECC 8-2-4):
Setbacks:
Front 20'
Rear 25'
Interior Side 7.5' (additional 5' two-story)
Street Side 20'
Maximum Coverage 40%
5. All lots 17,000 square feet and greater shall comply with the setbacks and lot coverage of the R-2
Zone within Eagle City Code.
6. Provide a revised preliminary plat identifying the front and rear lot lines as having a 12-foot wide
PUDI easement. (ECC 9-3-6).
7. The side setback (that side adjacent to the pathway) for lots adjacent to interior pathways shall be
fifteen feet(15')minimum. (ECC 9-4-1-6).
8. Provide a revised preliminary plat showing eight foot(8') wide pedestrian pathways located within
common lots 5, 13, and 21, Block 6, and the pathways shall be located within a sixteen foot (16')
wide pedestrian access easement. The revised preliminary plat shall be provided prior to the
submittal of a design review application. (ECC 9-4-1-6[D]).
9. Provide a revised preliminary plat showing ten foot (10') wide paved pathway along the east side
of lots 17 & 18, Block 7, and shall be located within a twenty foot (20') wide pedestrian access
easement. The revised preliminary plat shall be provided prior to the submittal of a design review
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application. (ECC 9-4-1-6[D]).
10. Provide a revised preliminary plat and landscape plan showing a minimum seventy-five foot (75')
wide buffer area along Linder Road. The revised preliminary plat shall be provided prior to the
submittal of a design review application. (ECC 8-2A-7[J][4][c]).
11. The applicant shall provide a revised preliminary plat identifying the common lot "blocks" in the
notes. The revised preliminary plat shall be provided prior to submittal of a final development
plan/final plat application. (ECC 9-2-3 [C][1]).
12. Provide a revised preliminary plat removing note#8 from the plat. See setback designations under
site specific conditions#4  above.
13. The applicant shall provide a revised preliminary plat that includes a plat note that states that
"Vehicular access to lots along North Linder Road is prohibited unless specifically allowed by the
Ada County Highway District and the City of Eagle." The revised preliminary plat shall be
provided prior to submittal of a final development plan/final plat application. (ECC 9-4-1-2).
14. Provide a revised preliminary plat showing that the the cul-de-sac (N. Livorno Place) and the two
knuckles (Tuscolano Ave/W. Braveheart Dr. intersection & Monterossa Way/W. Braveheart Dr.
intersection)have a minimum radius of fifty feet(50') of right of way including a landscape island
with a minimum radius of ten feet (10'). The revised preliminary plat shall be provided prior to
submittal of a final development plan/final plat application. (ECC 9-3-2-1[G]).
15. Due to the additional right-of-way dedication required by ACHD (an additional 2-feet, to total 50-
feet from the centerline of West Linder Road), the applicant shall submit a revised preliminary plat
showing the revised landscape buffer on Linder Road (75-foot minimum), and revised lot square
footages affected by the additional right-of-way. The revised preliminary plat shall be provided
prior to submittal of a Design Review application.
16. The applicant has determined that a "Tuscan" style of architecture will be utilized within this
development. The applicant shall create an architectural control committee (ACC) as a component
of the subdivision CC&Rs to review the architecture style of the homes to be constructed in this
development. Provisions regarding the creation and operating procedures of the ACC shall be
included in the CC&R's, and shall be reviewed and approved by the City attorney prior to the
approval of the final plat for phase one. (ECC 9-5-4-2)
17. 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.
18. The applicant shall submit a design review application showing: 1) proposed subdivision signage,
2) planting details within the proposed and required landscape islands and knuckles and all
common areas throughout the subdivision 3) building elevations for all proposed common area
structures and irrigation pump house 4) landscape screening details of the irrigation pump house,
5) useable amenities such as picnic tables, covered shelters, benches, playground equipment,
gazebos, and/or similar amenities, 6) proposed style of fencing. The design review application
shall be reviewed and approved by the Design Review Board prior to the submittal of a final
development plan/final plat application. (ECC 8-2A-1).
19. 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 generally at each side property line, or as approved by the Design
Review Board. The trees shall be located in an 8-foot wide landscape strip between the 5-foot
wide concrete sidewalk and the curb. Prior to the issuance of any occupancy permits for the
homes, all required trees, sod, and irrigation shall be installed within landscape strips. A temporary
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occupancy may be issued if weather does not permit landscaping however, a surety in accordance
with Eagle City Code Section 9-4-2-2 for 150% of the cost of the installation of all landscape and
irrigation improvements shall be provided to the City. (ECC 8-2A-7).
20. The Bella Terra Subdivision No.2 shall be included into the Bella Terra No.1 Homeowners
Association prior to the submittal of a final development plan/final plat application. (ECC 9-3-8
[D][4]).
21. 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 Bella Terra Homeowner's Association.
22. 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
application. (ECC 9-4-1-2)
23. 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.
24. 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." (ECC 9-4-1-2)
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
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for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, 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
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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 (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 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.
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
final 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 consideration of the final plat.
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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.
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
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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
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 the Bella Terra club house at 6:00 PM, April 16, 2013, in
compliance with the application submittal requirement of Eagle City Code. The applications for these
items were received by the City of Eagle on September 13, 2013.
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 October 28, 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 October 25, 2013. Requests for agencies' reviews
were transmitted on September 18, 2013, in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with the Eagle City Code on October 29, 2013.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-05-13/RZ-06-13) 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
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of R-2-P (Residential-up to two units per acre with a PUD)
is consistent with the Residential Two designation as shown on the Comprehensive Plan Land
Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicates that adequate public facilities exist, or are expected to be
provided, to serve all uses allowed on this property under the proposed zone;
c. The proposed R-2-P zone (Residential-up to two unit per acre with a PUD) is compatible with
the R-2 (Residential —up to two units per acre) zone and land use to the north since that area
has been developed with lots of similar size;
d. The proposed R-2-P zone (Residential-up to two unit per acre with a PUD) is compatible with
the R-2 (Residential-two units per acre) zone and land use to the south since that area has been
designated as Residential Two in the Comprehensive Plan;
e. The proposed R-2-P zone (Residential-up to two unit per acre with a PUD) is compatible with
the R-2 (Residential-up to two units per acre) zone and land use to the east since that area has
been developed with lots meeting the minimum lot size required in an R-2 zone;
f. The proposed R-2-P zone (Residential-up to two unit per acre with a PUD) is compatible with
the RUT (Rural Urban Transition) zone and land use to the west since that area has been
designated as Residential Two in the Comprehensive Plan;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
4. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit, preliminary development plan, and preliminary plat (CU-07-13/PPUD-06-13/PP-11-13) and
based upon the information provided concludes that the proposed development is in accordance with
the City of Eagle Title 9 (Subdivisions)because:
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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.
Bella Terra Subdivision No. 2 has been proposed for development in conformance with the
Eagle Comprehensive Plan, consistent with the requirements of Eagle City Code; 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.
Bella Terra Subdivision No. 2 is designed to not exceed the total allowed density of
Residential Two (up to two (2) units per acre) in the overall Bella Terra Subdivision as
conditioned herein. The proposed development provides a variety of lot sizes and housing
types to blend in with the adjacent development; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
Bella Terra Subdivision No. 2 is proposed to be developed in a manner harmonious with
existing and future uses in the immediate vicinity; 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.
The development is planned for residential similar to the character of the surrounding area, it
is not anticipated that any uses or activities will be detrimental to the surrounding properties
upon completion of the site work. Bella Terra Subdivision No. 2 will be served by West
Venetian Drive which that was constructed with Bella Terra Subdivision No. 1; 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; and
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, City of Eagle Water Department, or
highway district; and
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 plan was designed with consideration given to usable open space and
pedestrian pathways; and
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
The development will include a stub street to the south to the adjacent parcel, which will
provide intra-neighborhood connectivity upon development of the adjacent properties. Access
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to the development will be from West Venetian Drive. The design and construction of the
roadways and entrances is guided by the Ada County Highway District; and
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; and
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 is in accordance with the Comprehensive Plan since the Plan calls
for Residential Two(up to two(2)units per acre)for the overall development; and
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 conditional use permit, preliminary development plan
as outlined in Eagle City Code and satisfies those requirements associated with the site. 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; and
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 this 2°d day of December, 2013.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
',,•s..1!1611,8,,,
4 • ei OF hq
Don Roehling, Chairman f`olP ORS %ret
ATTEST: t.. SEAL / *;etble 4%*
• ••1111•
Sharon K. Bergmann,Eagle Cit v�k , ���•.'• OF IOoP°�•o�
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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