Findings - PZ - 2014 - CU-09-13/PPUD-08-13/PP-15-13 - Wycliff Estates Subd/48-Lot/14.93 Acre BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT, )
PRELIMINARY DEVELOPMENT PLAN, )
AND PRELIMINARY PLAT FOR )
WYCLIFFE ESTATES PLANNED UNIT )
DEVELOPMENT FOR NORTHSIDE )
MANAGEMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-09-13/PPUD-08-13/PP-15-13
The above-entitled conditional use permit, preliminary development plan, and preliminary plat applications
came before the Eagle Planning and Zoning Commission for their recommendation on February 18, 2014.
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:
Northside Management, represented by Scott Noriyuki, is requesting conditional use,
preliminary development plan, and preliminary plat approvals for WyCliffe Estates
Subdivision, a 48-lot (42-buildable and 6-common) residential planned unit development.
The 14.93-acre site is generally located on the northwest corner of N. Echohawk Way and
E. Mariposa Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, Thursday, September 26, 2013, in
compliance with the application submittal requirement of Eagle City Code. The
applications for this item were received by the City of Eagle on December 26, 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 3, 2014. 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 January 29, 2014. Requests for agencies' reviews were transmitted on January 9,
2014 in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on February 6, 2014.
D. HISTORY OF PREVIOUS ACTIONS:
On June 26, 2001,the City Council approved a preliminary plat for Arbor Ridge
Subdivision (PP-10-00)(aka Ringo Ridge Estates Subdivision).
On August 28, 2001,the City Council approved a design review for the common area
landscaping within Arbor Ridge Subdivision Phase I(DR-34-01)(aka Ringo Ridge
Estates Subdivision).
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On September 18, 2001, the City Council approved a final plat for Ringo Ridge Estates
Subdivision No. 1 (FP-18-01)(formerly Arbor Ridge Subdivision).
On March 18, 2005, the City Council approved a final plat for Ringo Ridge Estates
Subdivision No. 2 (FP-09-04).
On June 28, 2005, the City Council approved the design review application for the
common area landscaping within Ringo Ridge Subdivision No. 2 (DR-47-05).
On December 13, 2005, the City Council approved the"Ringo Ridge Subdivision
Agreement"between the City and P.O. Ventures, Inc. The agreement outlined the terms
and conditions required for the completion of phase II.
On June 27, 2006,the City Council executed an "Amendment to the Ringo Ridge
Subdivision Agreement'. The amendment, in part, extended the completion of
improvements deadline to August 15, 2006.
On March 13, 2007, the City Council approved the"Memorandum of Agreement RE:
Cash Deposit As Security For Performance"between the City and P.O. Ventures, Inc.
On July 24, 2007, the City Council approved the final plat for Ringo Ridge Estates No. 3
(FP-09-06).
On July 8, 2008,the City Council approved an extension of time for the Arbor Ridge
Subdivision (aka Ringo Ridge Estates Subdivision)preliminary plat to be valid until July
24, 2009 (EXT-08-08).
On February 9, 2010,the City Council approved an extension of time for Arbor Ridge
Subdivision (aka Ringo Ridge Estates Subdivision)preliminary plat to be valid until July
24, 2010(EXT-09-09).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Three R-3 (Residential up to Vacant parcels
three units per acre)
Proposed No Change No Change Single-Family, Residential
Planned Unit Development
North of site Residential Three RUT(Residential Urban Single-family residence and
and Residential Four Transitional—Ada Echohawk Estates
County designation)and Subdivision No. 4
R-4 (Residential up to
four units per acre)
South of site Residential Three R-3 (Residential up to Ringo Ridge Estates
three units per acre) Subdivisions No. 1 and No.
3
East of site Residential Four and R-4 (Residential up to Echohawk Estates
Business Park four units per acre)and Subdivision No. 4, State
BP(Business Park) Highway 55 and a vacant
parcel
West of site Residential Three RUT Rural Urban
( Vacant parcel/farm ground
Transition—Ada County
designation)and R-3
(Residential up to three
units per acre)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site— 14.93-acres
Total Number of Lots—48
Residential—42
Commercial—0
Industrial—0
Common—6
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 2.81-units per acre Up to three units per acre
Minimum Lot Size 8,003-square feet 10,000-square feet
Minimum Lot Width 75-feet 75-feet
Minimum Street Frontage 36-feet 35-feet
Total Acreage of Common Area 3.92-acres 2.99-acres(minimum)
Open Space
Percent of Site as Common Area 26.3% 20%(minimum)
Open Space
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat, date stamped by the City on December 26, 2013, shows a 75-foot
wide common lot located adjacent to State Highway 55. State Highway 55 is designated as
a principal arterial. Pursuant to Eagle City Code Section 8-2A-7 J 4 c a 75-foot wide
landscape strip is required adjacent to principal arterials to be buffered from streets,
classified as collectors, arterials, freeways, or expressways, to protect residential
communities from noisy, potentially dangerous, high speed roads.
Open Space:
The proposed development includes 3.92-acres (inclusive of planter strips) (26.3%) of
common area. The common areas consist of the required buffer area located adjacent to
State Highway 55, a centralized park area, and three (3) pathway areas. The Development
Features map, date stamped by the City on December 26, 2013, shows the park area
consisting of a soccer/football/baseball open field, trellis/seating area, bbq, and two (2)
regulation horseshoe pits. The map also shows pathways located throughout the open
space lots of the development.
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.
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On-site Septic System (yes or no)—unknown
The submitted preliminary plat application, date stamped by the City on December 26,
2013, indicated that the existing site characteristics are vacant land, however the
preliminary plat shows three (3) structures located in proximity to the northwest corner of
the property. The Ada County Assessor's office land records website identifies a residence
located on the property. In the event the residence is served by a septic system the
applicant will be required to obtain the proper permits and abandon the septic system 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 street section identified on the preliminary plat, date stamped by the City on
December 26, 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 right-of-way is also
inclusive of seven feet (7') of the eight foot (8') wide landscape strip located adjacent to
each side of the street. The street section shows the remaining one foot (1') width of the
planter strip and the five foot (5') wide sidewalks to be included within a sidewalk
easement.
Applicant's Justification for Private Streets (if proposed):None proposed
Blocks Less Than 500': None proposed
Cul-de-sac Design:None proposed
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips
located on both sides of all interior public roadways.
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 names should be approved by the Ada County Street Names Committee prior to
submittal of a final plat application.
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K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat landscape plan, date stamped by the City on December 26, 2013,
shows five foot(5') wide pedestrian pathways provided throughout the common areas and
the detached sidewalk system located adjacent to the interior streets.
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—no
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (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 January 23, 2014, are of special
concern (attached to the staff report).
Ada County Highway District
Boise River Flood Control District#10
Central District Health
Chevron Pipe Line Company
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
Idaho Transportation Department
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Q. LETTERS FROM THE PUBLIC (attached to the staff report):
Thomas Oetzell, 689 North Caracaras Point, submitted correspondence, date stamped by
the City on February 10, 2014.
Ann and C. Bryant Peck, 2425 East Floating Feather Road, submitted correspondence,
date stamped by the City on February 12, 2014.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to construct the subdivision in a single phase.
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.
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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 Three
Suitable primarily for single family residential development within an urbanized setting. An
allowable density of up to 3 units per 1 acre.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• 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-3 35' 30' 25' 7.5' 20' 40% 10,000 75'
R-4 35' 20' 25' 7.5' 20' 40% 8,000 70'
• Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development(PUD) so as to
provide an enhanced integration of open space and a variety of housing options,the following
design criteria shall be considered by the city:
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
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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
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.
B. An area equal to the square footage utilized to create lots that are larger than the minimum
lot size may be credited toward the creation of lots which are proportionally smaller than
the minimum lot size in the underlying zone established in section 8-2-4 of this title,
provided:
1. There is a favorable finding 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.
2. The number of lots below the minimum lot size do not exceed twenty percent(20%)of
the total number of lots within the development.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• 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:
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
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner
lots shall be an open fencing style such as wrought iron or other similar decorative style,
durable fencing material. Specific buffer area fences and decorative walls may be allowed as
otherwise required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated areas.
A section within the subdivision CC&Rs shall be created for the regulation of fences to this
effect.
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• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
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.
3. A five foot (5') wide landscaped area/building and fence setback, as measured from
both edges of the paved path, shall be required, and will be owned by either the
abutting property owner(s) or a homeowners' association unless accepted by a public
entity. The five foot (5') wide landscaped area on either side of the pathway may be
decreased to a minimum of two feet(2')wide(as measured from the edge of asphalt to
the easement line) when used in conjunction with a meandering pathway, however,
the total width of the landscape area shall not be less than ten feet(10') (i.e., 2 feet on
one side of the path and 8 feet on the other). For safety purposes, planting material in
this area is limited to three feet (3') in height. The landscape, fence and building
regulations for this area shall be indicated by a note on the plat.
6. In order to design for crime prevention,the following design standards will be
followed:
a. The use of"see through", open fencing, such as wrought iron, is preferred, as it
provides better visibility from adjacent homes or buildings. Solid fencing is
prohibited.
D. DISCUSSION:
• The Eagle Comprehensive Plan designates the property as Residential Three and the property
has an R-3 (Residential up to three (3) units per acre) zoning designation. The applicant has
submitted preliminary development plan, conditional use permit, and preliminary plat
applications for a planned unit development for WyCliffe Estates Subdivision. The proposed
site was included in the previously approved Arbor Ridge Subdivision preliminary plat and
has subsequently expired.
• The preliminary plat, date stamped by the City on December 26, 2013, shows several
structures located on Lots 6-8, Block 1. Most of the structures are located within the required
setbacks associated with the R-3 (Residential up to three (3) units per acre) zoning
designation. The applicant should be required to remove the existing structures located within
the area identified on the preliminary plat as Lots 6-8, Block 1, prior to the City Clerk signing
the final plat. Lot 7, Block 1, also delineates a circle with the letters "sp" symbol located
between the northern property line and the largest structure. The preliminary plat legend does
not identify the aforementioned symbol. The applicant should provide further clarification of
the circle with the letters "sp"symbol identified on Lot 7, Block 1 of the preliminary plat prior
to submittal of a final plat application. Should the symbol represent the location of an existing
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septic system the applicant should be required to obtain the proper permits and subsequently
abandon the existing septic system prior to the City Clerk signing the final plat.
• The preliminary plat, date stamped by the City on December 26, 2013, shows 27-lots to be
below 10,000-square feet in size (minimum lot size). The applicant submitted correspondence,
date stamped by the City on December 26, 2013, in which they requested reduced side yard
setbacks from what is required pursuant to Eagle City Code Section 8-2-3 for the R-3
(Residential up to three (3) units per acre) zoning district. The applicant is requesting the side
yard setback to 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) for the lots less than 10,000-
square feet in size. The applicant requested setbacks are as follows:
Front 30 feet
Rear 25 feet
Interior Side 5 feet
Street Side 20 feet
Pursuant to Eagle City Code Section 8-2-4 (G) front loaded garages are required to be setback
25-feet from the back of sidewalk.
It is staff's opinion that based on the size and shapes of the lots the following setbacks and
maximum coverage for this development should be required:
Setbacks: Lots 10,000-square feet and greater Lots less than 10,000-square feet
Front 30' 30'
Rear 25' 25'
Interior Side 7.5' (additional 5' per story) 5'(additional 5' per story)
Street Side 20' 20'
Maximum Coverage 40% 40%
*Note: All front load garages shall be setback a minimum of 25-feet from the back of
sidewalk.
• Plat note #3 shown on the preliminary plat, date stamped by the City on December 26, 2013,
indicates that all side yard lot lines have a 6' public utilities, drainage and irrigation easement
on each side of the lot line. The applicant is requesting a reduced side yard setback of five feet
(5') in width for lots less than 10,000-square feet in size. Should the reduced side yard setback
be approved, the applicant should provide a revised preliminary plat with plat note #3, revised
to read, " All side yard lot lines have a 5' public utilities, drainage, and irrigation easement on
each side of the lot line", prior to submittal of a final plat application.
• Plat note #8 shown on the preliminary plat, date stamped by the City on December 26, 2013,
indicates that, "Setbacks shall be determined at the time of building permit application based
on the zoning regulations in effect for the LO zone."The property has a R-3 (Residential up to
three (3) units per acre) zoning designation and the applicant is not requesting a rezone. The
applicant is also requesting a reduction of the side yard setback for lots below 10,000-square
feet in size. The applicant should provide a revised preliminary plat with plat note #8 revised
to read, "Minimum building setback lines shall be in accordance with the applicable zoning
regulations at the time of issuance of the building permit or as specifically approved and/or
required." The revised preliminary plat should be provided prior to submittal of a final plat
application.
• The preliminary plat, date stamped by the City on December 26, 2013, shows an unplatted
parcel located adjacent to the Lot 22, Block 3, along the eastern property line. The preliminary
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plat identifies Lot 22, Block 3, as a common lot and the plat does not delineate a street or
easement for providing access to the unplatted parcel. The unplatted parcel is currently
landlocked from a public street and will remain landlocked should a street or access easement
not be provided. The ACHD staff report, date stamped by the City on February 4, 2014,
contains a site specific condition of Approval which requires the applicant to construct a stub
street on Lot 22, Block 3, to provide access to the unplatted parcel located east of the subject
lot. The applicant should comply with all requirements of ACHD, including but not limited to,
approval of the drainage system, curbs, gutters, streets and sidewalks.
• The preliminary plat landscape plan, date stamped by the City on December 26, 2013, shows
that the applicant is proposing a four-foot (4') high solid vinyl fence to be located adjacent to
all the common areas. Pursuant to Eagle City Code Section 9-3-10, any fence located adjacent
to common area open spaces and on the street side of all corner lots shall be an open fencing
style such as wrought iron or other similar decorative style, durable fencing material. The
applicant should provide a revised preliminary plat landscape plan, showing all fencing
located adjacent to a common area to be open style fencing, prior to submitting a design
review application.
• The preliminary plat landscape plan, date stamped by the City on December 26, 2013, shows
the proposed pedestrian pathways located within the common lots will be five-feet in width.
Pursuant to Eagle City Code Section 9-4-1-6[D][1], 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'). The applicant should provide a revised
preliminary plat landscape plan showing the pedestrian pathways located within the common
lots to be a minimum of six-feet (6') in width. The revised preliminary plat landscape plan
should be provided prior to submitting a design review application.
• The preliminary plat, date stamped by the City on December 26, 2013, shows a water line
located approximately five to eight feet (5-8') outside of the delineated easement area on the
southern portion of Lot 21, Block 3. The applicant should provide a revised preliminary plat
showing the water line located within Lot 21, Block 3, to be located within an easement prior
to submittal of a final plat application.
• The properties located adjacent to the northern and western boundaries of the proposed
development are currently being utilized as pasture or farmland. The preliminary plat, date
stamped by the City on December 26, 2013, does not contain a plat note in regard to the
adjacent uses or the provision for the right to farm. The applicant should provide a revised
preliminary plat containing a new plat note indicating, "This development recognizes Section
22-4503 of the Idaho Code, Right to Farm Act, which states: "No agricultural operation,
agricultural facility or expansion thereof shall be or become a nuisance, private or public, by
any changed conditions in or about the surrounding nonagricultural activities after it has been
in operation for more than one year, when the operation, facility or expansion was not a
nuisance at the time it began or was constructed. The provisions of this section shall not apply
when a nuisance results from the improper or negligent operation of an agricultural operation,
agricultural facility or expansion thereof." The revised preliminary plat should be provided
prior to submittal of a final plat application.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested conditional use
permit, preliminary development plan, and preliminary plat for WyCliffe Estates Subdivision with
the site specific conditions of approval and standard conditions of approval, all 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 February
18, 2014. 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 two
(2) individuals who indicated the adjacent properties are usually flooded in the spring and summer due
to irrigation and drainage water. The individuals requested that the water issues be addressed and the
applicant be required to construct a pressurized irrigation system to serve the development. One (1) of
the individuals did not understand why the applicant was not required to request a rezone to R-4
(Residential up to four (4) units per acre) due to the proposed lot sizes. The adjacent property owner
located east of the proposed development requested that two (2) stub streets and utilities be stubbed to
their property.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
D. Oral testimony neither in opposition nor in favor to this proposal was presented by four(4) individuals
who indicated that the irrigation and drainage coming to and through this site needed to be addressed
so that properties located downstream from the proposed development would no longer be impacted
from the excess water. The individuals indicated that they have experienced flooding of their
properties due to the irrigation and drainage facilities not being properly designed to accommodate the
water and felt that what is being proposed with this development should help alleviate the problem.
The individuals who reside within Echohawk Estates Subdivision voiced concerns regarding the
possible traffic impacts caused from residents from WyCliffe Estates travelling north to access
Floating Feather Road. They requested the applicant be required to install speed bumps and speed limit
signs within Echohawk Estates Subdivision to ensure vehicles slow down within the subdivision. The
individuals also requested that no construction traffic be permitted to utilize the public streets through
Echohawk Estates Subdivision for access during the construction of the subdivision.
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 applicant worked with the adjacent neighbors in a collaborative manner to address
their concerns
• Although there were concerns expressed by the residents of Echohawks Estates
Subdivision regarding traffic impacts from the residents of WyCliffe Estates Subdivision
traveling north to Floating Feather, the Planning and Zoning Commission believed the
traffic impacts to WyCliffe Estates Subdivision from the residents of Echohawk Estates
Subdivision traveling south to East Hill Road would be comparable.
• During the development of the subdivision the applicant will be required to address the
water concerns expressed by those testifying.
• ACHD has planned for road connectivity through the existing stubs streets connected to
the subject property.
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• The proposed smaller lot sizes in conjunction with the clustering allow the applicant to
create more useable open space.
• They were in support of the staff recommended conditions of approval to move the
application forward.
COMMISSION DECISION:
The Commission voted 3 to 0 (Smith and Wright absent) to recommend approval of the WyCliffe
Estates Subdivision (CU-09-13/PPUD-08-13/PP-15-13) for Northside Management, with the
following staff recommended site specific and standard conditions of approval with underline text
to be added by the Commission:
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 and Legal fees
incurred by the City in obtaining a review of this project upon receipt of an invoice(s) by the
City prior to the submittal of a final plat application. (ECC 9-2-3 [C] [3] [1])
3. 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) planting details within the required
buffer area located adjacent to State Highway 55, 4) building elevations for all proposed
common area structures 5) landscape screening details of the irrigation pump house, 6)useable
amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos,
and/or similar amenities, and 7) proposed fencing to be located adjacent to the common areas
and on the required buffer area adjacent to State Highway 55. The design review application
shall be reviewed and approved by the Design Review Board prior to the submittal of a final
plat application. (ECC 8-2A-1)
4. 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 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)
5. The applicant shall be required to remove the existing structures located within the area
identified on the preliminary plat as Lots 6-8, Block 1, prior to the City Clerk signing the final
plat.
6. Applicant shall provide further clarification of the circle with the letters "sp"symbol identified
on Lot 7, Block 1 of the preliminary plat prior to submittal of a final plat application, should
the symbol represent the location of an existing septic system the applicant shall be required to
obtain the proper permits and subsequently abandon the existing septic system prior to the City
Clerk signing the final plat.
7. Provide a revised preliminary plat with plat note #3, revised to read, "All side yard lot lines
have a 5' public utilities, drainage, and irrigation easement on each side of the lot line", prior
to submittal of a final plat application. (ECC 9-3-6)
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8. Provide a revised preliminary plat with plat note #8 revised to read, "Minimum building
setback lines shall be in accordance with the applicable zoning regulations at the time of
issuance of the building permit or as specifically approved and/or required." The revised
preliminary plat shall be provided prior to submittal of a final plat application. (ECC 8-2-4)
9. Provide a revised preliminary plat landscape plan, showing all fencing located adjacent to a
common area to be open style fencing, prior to submitting a design review application. (ECC
9-3-10 and 9-4-1-6 [D][6][a])
10. Provide a revised preliminary plat landscape plan showing the pedestrian pathways located
within the common lots to be a minimum of six-feet(6') in width. The revised preliminary plat
landscape plan shall be provided prior to submitting a design review application. (ECC 9-4-1-
6 [D][6][a])
11. Provide a revised preliminary plat with a new plat note added to read, the side setback (that
side adjacent to the pathway) for lots located adjacent to interior pathways shall be 15-feet
minimum from the paved edge of the adjacent pathway. (ECC 9-4-1-6[D][3])
12. Provide a revised preliminary plat with a new plat note added to read, "Any re-subdivision of
this plat shall be in compliance with the applicable zoning and subdivision regulations in
effect at the time of re-subdivision. The revised preliminary plat shall be provided prior to the
submittal of a final plat application. (ECC 9-1-3)
13. Provide a revised preliminary plat showing the water line located within Lot 21, Block 3 to be
located within an easement prior to submittal of a final plat application. (ECC 9-3-6)
14. Provide a revised preliminary plat containing a new plat note indicating, "This development
recognizes Section 22-4503 of the Idaho Code, Right to Farm Act, which states: "No
agricultural operation, agricultural facility or expansion thereof shall be or become a nuisance,
private or public, by any changed conditions in or about the surrounding nonagricultural
activities after it has been in operation for more than one year, when the operation, facility or
expansion was not a nuisance at the time it began or was constructed. The provisions of this
section shall not apply when a nuisance results from the improper or negligent operation of an
agricultural operation, agricultural facility or expansion thereof." The revised preliminary plat
shall be provided prior to submittal of a final plat application.
15. The applicant shall provide a license agreement from ACRD approving the landscaping
located within the public rights-of-way abutting and within this site prior to the City Clerk
signing the final plat. (ECC 9-4-1-2)
16. The architectural styles provided by the applicant shall be the required architectural styles for
the development. To assure compliance with this condition, the applicant shall create an
architectural control committee (ACC) as a component of the subdivision CC&R's. Provisions
regarding the creation and operating procedures of the ACC shall be included in the CC&R's,
and shall be reviewed and approved by the City attorney prior to the approval of the final plat
application. (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 (ACC). Building permits applications that do not have an approval letter attached
will not be accepted.
18. To assure compliance with the PUD conditions of approval herein, the City reserves the right
to deny, at its discretion, any building permit application that does not meet the architectural
requirements and as required in site specific condition of approval#17 above of the PUD.
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19. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat
application indicating that the WyCliffe Estates Homeowner's Association is responsible for
all maintenance of the common landscape areas in the subdivision. The CC&Rs for the
WyCliffe Estates Homeowner's Association shall provide that the association shall have the
duty to maintain and operate all of the common landscape areas in the subdivision in a
competent and attractive manner, including the watering, mowing, fertilizing and caring for
shrubs and trees, in accordance with Eagle City Code, in perpetuity. (ECC 9-3-8[D][4])
20. The pressure irrigation system has been proposed as a shared system between the City of Eagle
and WyCliffe Estates and Gateway Developments. The use of the water by the City is intended
to be used on the property known as Guerber Park. The developers of WyCliffe Estates and
Gateway subdivisions have met with the City and are in process of formulating an agreement
to establish the responsibilities of each party. The current plan is to combine the available
irrigation water shares from the three parties into one delivery to the pump station that is
located within the common area for WyCliffe Estates Subdivision. The pumping system will
be analyzed to determine necessary upgrades to meet the combined demands for Wycliffe
Estates and Gateway Subdivisions, and Guerber Park. A distribution system will be designed
with adequate capacity to serve the entire area. The timing of the upgrades and demarcation of
each developer's and the City's responsibilities will be established in the agreement. This
approval is contingent upon the successful execution of an agreement by all parties included in
the discussion so long as approvals from Farmers Union Ditch Co., Ltd. and Boise Valley
Irrigation Ditch Co. can be acquired. If approvals are granted then the developers of Wycliffe
Estates and Gateway Subdivisions are obligated to deliver irrigation water to Guerber Park.
The discussion contemplates the City acting as the management entity for the pressurized
irrigation system. The agreement is intended to specify that both developments will be
provided necessary irrigation water to fulfill the needs of their respective developments
commensurate with the existing irrigation water shares that they each own and contribute for
use on the properties described in this paragraph in a cooperative matter as, or substantially
similar to, a lateral users association.
21. The applicant shall provide a schedule indicating the timeframe for the development of the site
prior to the submittal of a design review application. (ECC 8-6-6-21A])
22. 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)
23. 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.
24. The applicant shall install at the entrances to the WyCliffe Estates Subdivision 4' x 4'
plywood or other hard surface signs (mounted on two 4"x 4" posts with the bottom of the
signs being a minimum of 3-feet above the ground) noticing the contractors to clean up daily,
no loud music, and no dogs off leash. The signs shall be installed prior to the issuance of any
building permits.
25. All traffic associated with the construction of the WyCliffe Estates Subdivision infrastructure
shall be prohibited from utilizing East Windrose Street for access. The barricade located on the
west end of East Windrose Street shall remain in place until ACRD accepts all streets located
within Wycliffe Estates Subdivision.
26. In the event ACHD permits traffic calming measures (i.e. speed bumps and/or speed limit
signs)the applicant shall cover the costs of the installation of the improvements.
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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.
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.
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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:
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.
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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.
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
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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
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 on site at 6:00 PM, Thursday, September 26, 2013, in compliance
with the application submittal requirement of Eagle City Code. The applications for this item were
received by the City of Eagle on December 26, 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 February 3, 2014. 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 January 29, 2014. Requests for agencies' reviews
were transmitted on January 9, 2014 in accordance with the requirements of the Eagle City Code. The
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site was posted in accordance with the Eagle City Code on February 6, 2014.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone, conditional
use permit, preliminary development plan, and preliminary plat (CU-09-13/PPUD-08-13/PP-15-13)
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.
WyCliffe Estates Subdivision has been proposed for development in conformance with the
Eagle Comprehensive Plan and 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.
WyCliffe Estates Subdivision is designed to be harmonious with the adjacent subdivisions;
and
c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
WyCliffe Estates Subdivision 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. WyCliffe Estates Subdivision will be served by North
Echohawk Way which will provide access to East Hill Road; 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 Eagle Sewer District, Eagle Water Company,
or ACRD; 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 providing connectivity within the development and to adjacent properties;
and
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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 stub streets to the adjacent parcels which will provide intra-
neighborhood connectivity upon development of the adjacent properties. Access to the
development will be from North Echohawk Drive and East Windrose Street. 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 fits well with the Comprehensive Plan since the Plan calls for
Residential Three (up to three(3)units per acre) and will provide a variety of housing types to
accommodate residents with varying lifestyle needs; 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 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; 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 3rd day of March, 2014
PLANNING AND ZONING COMMI SION
OFT. TY I • = r\
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K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Wycliffe Estates Sub pzf doc