Findings - CC - 2015 - RZ-03-06 MOD/CU-05-15/PPUD-02-15/PP-06-15 - Shadowbluff Subd/18 Lot/4.35 Acre/10895 N Horseshoe Bend Rd.BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION, CONDITIONAL USE )
PERMIT, PRELIMINARY DEVELOPMENT )
PLAN, AND PRELIMINARY PLAT FOR )
SHADOWBLUFF SUBDIVISION FOR )
ENVISION HOMES, INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ -03 -06 MOD /CU- 05- 15/PPUD- 02- 15/PP -06 -15
The above - entitled development agreement modification, conditional use permit, preliminary development
plan, and preliminary plat applications came before the Eagle City Council for their action on September
22, 2015. The City Council, having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Envision Homes, Inc., represented by Shawn Nickel with SLN Planning, is requesting conditional
use permit, preliminary development plan, and preliminary plat approvals for Shadowbluff
Subdivision, an 18 -lot (15- buildable, 3- common) residential planned unit development. The 4.35 -
acre site is generally located at the west side of North Horseshoe Bend Road approximately a 1/4-
mile south of the intersection of East Floating Feather Road and North Horseshoe Bend Road
10895 North Horseshoe Bend Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on -site at 6:00 PM, May 12, 2015, in compliance with the
application submittal requirement of Eagle City Code. The applications for this item were received
by the City of Eagle on June 4, 2015. A revised preliminary plat was received by the City of Eagle
on July 15, 2015, and a second revised preliminary plat was provided on July 21, 2015.
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 July 27, 2015. Notice of this public hearing was mailed to property owners within
three - hundred feet (300 -feet) of the subject property in accordance with the requirements of Title
67, Chapter 65, Idaho Code and Eagle City Code on July 23, 2015. Requests for agencies'
reviews were transmitted on June 10, 2015, in accordance with the requirements of the Eagle City
Code. The site was posted in accordance with the Eagle City Code on August 7, 2015.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
August 31, 2015. 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 August 26, 2015. The site was posted in
accordance with the Eagle City Code on September 8, 2015.
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D. HISTORY OF PREVIOUS ACTIONS:
On July 11, 2006, the City Council approved an annexation and rezone with development
agreement for Donna Weston (on September 14, 2013, the executed development agreement
expired, Ada County instrument #106161993) (A- 03- 06/RZ- 03 -06).
On July 10, 2007, the City Council approved the preliminary plat for Brutsman Subdivision a 17-
lot (12- buildalbe, l existing, and 4- common) residential subdivision (PP- 02 -06).
On July 15, 2008, the City Council approved an extension of time for the preliminary plat for
Brutsman Subdivision for Litton Loan Servicing represented by Russell Stanley. The extension of
time was valid until July 10, 2009 (EXT- 13 -08).
On October 13, 2009, the City Council approved an extension of time for the preliminary plat for
Brutsman Subdivision for Shawn Ross. The extension of time was valid until July 10, 2010 (EXT-
14-09).
On September 14, 2010, the City Council approved a conditional use permit for a private school
facility for La Mia Terra, LLC (CU- 03 -10).
On October 26, 2010, the City Council approved an extension of time for the preliminary plat for
Brutsman Subdivision for Shawn Ross. The extension of time was valid until July 10, 2011 (EXT-
05-10).
E. COMPANION APPLICATIONS:
Parcel Division application to divide the original parcel into two (2) parcels to remove the existing
residence from the subject parcel (PD- 02 -15).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site — 4.35 -acres
Total Number of Lots —19
Residential — 15
Commercial — 0
Industrial — 0
Common — 4
Total Number of Units - 15
Single - family — 15
Duplex — 0
Multi - family — 0
Total Acreage of Any Out - Parcels — 0
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Residential Four
R-4 -DA (Residential with
Vacant
a development
agreement)
Proposed
No Change
No Change
Single - Family Residential
Subdivision
North of site
Residential Four
R -4 -P (Residential —
Single - Family Residential
Planned Unit
(Shadowview Subdivision)
Development)
South of site
Residential Four
R -4 -P (Residential —
Single - Family Residential
Planned Unit
(Shadowridge Subdivision)
Development)
East of site
Residential Three
R2 (Residential -Ada
Horseshoe Bend
County Designation)
Road/Single- Family
Residential (Brenson
Subdivision)
West of site
Residential Four
R -4 (Residential)
State Highway 55 /Single-
Family Residential
(Echohawk Estates
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site — 4.35 -acres
Total Number of Lots —19
Residential — 15
Commercial — 0
Industrial — 0
Common — 4
Total Number of Units - 15
Single - family — 15
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
3.45 units per acre
4 units per acre maximum
Minimum Lot Size
6,460 - square feet
8,000 - square feet
minimum
Except that a decrease of
minimum lot size in a
subdivision may be
allowed if there is an
offsetting increase of the
same percentage in open
space and a planned unit
development is applied for
and approved) - per ECC
Section 8 -6 -5 -5 (A). An
offsetting increase of the
same percentage in open
space has been provided
Minimum Lot Width
55 -feet*
75 -feet (minimum)
Minimum Street Frontage
55 -feet
35 -feet (minimum)
Total Acreage of Common Area
.87 -acres
.87 -acres (minimum)
Open Space
Percent of Site as Common Area
20%
20%
Open Space
Except that, according to
ECC Section 9 -3 -8 (C) the
City may require
additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 50 or
more lots.
* Note — The minimum lot width may be reduced with the approval of a planned unit development.
T. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat, date stamped by the City on July 21, 2015, shows a fifty -foot wide common
lot located adjacent to State Highway 55 (principal arterial) for the construction of the required
landscaped buffer area. 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 protect residential communities from
noisy, potentially dangerous, high speed roads.
Open Space:
The proposed development includes 0.87 -acres of common area. The common area consists of
5,366- square foot area located within the right -of -way adjacent to State Highway 55, two (2) lots
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located adjacent to the south side of Shawdowbluff Street, and a lot located at the eastern
boundary of the subdivision.
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:
The preliminary plat, date stamped by the City on July 21, 2015, does not note or delineate any
easements. Eagle City Code Section 9 -3 -6 requires utility easements to be not less than 12 -feet
wide, except that lesser easement widths, to coincide with respective setbacks, may be considered
as part of the planned unit development.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On -site Septic System (yes or no) — Yes
The septic system is connected to the existing residence located at 10895 North Horseshoe Bend
Road. The applicant has submitted a Parcel Division application to divide the parcel where the
home is located from the subject parcel to be subdivided. The applicant is proposing to connect the
existing residence located at 10895 North Horseshoe Bend Road to the central sewer system being
constructed to serve the subdivision and subsequently abandon the existing septic system.
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.
STREET DESIGN:
Private and Public Streets:
The preliminary plat, date stamped by the City on July 21, 2015, shows two (2) typical street
sections for the streets to be located within the subdivision. The typical street section shown for
Shadowbluff Street and Shadowbluff Lane shows a 42 -foot wide right -of -way section with a 29-
foot wide travelway (measured from back of curb to back of curb). The right -of -way is also
inclusive of an eight -foot (8') wide planter strips and five -foot (5') wide detached sidewalk located
on the side of the street adjacent to the proposed buildable lots. The portion of Shadowbluff Street
located east of Shadowhawk Avenue is proposed to be private and will be constructed to match the
public portion of the street. The street section shows rolled curb and gutter located on each side of
the street.
The typical street section shown for Shadowridge Avenue shows a 55 -foot wide right -of -way
section with a 29 -foot travelway (measured from back of curb to edge of pavement). The right -of-
way is inclusive of an eight foot (8') wide planter strip and detached five foot (5') wide sidewalks
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located adjacent to both sides of the street. The street section shows rolled curb and gutter located
on the east side of the street.
The preliminary plat, date stamped by the City on July 15, 2015, shows Shadowbluff Lane
terminating with an alternative type of turnaround for fire truck turn around (Snoopy nose)
approximately 280 -feet east of the intersection of Shadowhawk Avenue and Shadowbluff Lane.
Applicant's Justification for Private Streets (if proposed):
The applicant is proposing a private street to serve the lots located adjacent to Shadowbluff Lane
east of Shadowhawk Avenue. The applicant has indicated within the provided narrative, date
stamped by the City on July 21, 2015, that due to the development being an infill project and
having certain site constraints it presents design challenges. The applicant also indicated that due
to the width of the property and the standards that ACHD requires for turn radii's, providing a
standard cul -de -sac or other ACHD approved turn - around would negatively affect the lot and open
space layout of the development.
Blocks Less Than 500': None
Cul -de -sac Design: No cul -de -sacs are proposed
Sidewalks:
A five -foot (5') wide detached sidewalk is proposed abutting the planter strip to be located on the
north side of Shadowbluff Street. A five -foot (5') wide detached sidewalk is proposed abutting the
planter strips located on both sides of Shadowridge Avenue.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the public
and private interior streets.
Lighting:
Lighting for the proposed public and private 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 Naming Committee prior to submittal
of a final plat application.
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
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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 July 24, 2015, are of special
concern (attached to the staff report).
Ada County Highway District
Central District Health
Eagle Fire Department
Idaho Department of Transportation
Tesoro Logistics NW Pipleline
Q. LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from James A. Wood, date stamped by the City on August 10, 2015.
Correspondence received from Shadow Ridge Neighborhood Association, date stamped by the
City on August 13, 2015.
Correspondence received from Shadow Ridge Neighborhood Association, date stamped by the
City on August 17, 2015.
Correspondence received from Teresita Garcia - Limberg, date stamped by the City on September,
2015.
Correspondence received from Shadow Ridge Neighborhood Association, date stamped by the
City on September 17, 2015.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to develop the project 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.
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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.
That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non -PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
following:
Residential Four
Suitable primarily for single family residential development within an urbanized setting. An
allowable density of up to 4 units per 1 acre.
Chapter 11 — Special Areas And Sites
11.1 Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or sites
should be analyzed according to their defined function. Whenever possible, these sites
should be preserved and conserved as open spaces or for educational and cultural centers.
Development of Special Areas or Sites should take place in manner that reflects harmony
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with their natural environment and recognized qualities which render them distinctly
unique.
These special areas will require comprehensive and specific planning to ensure that such
topographical, hydrological, ecological, architectural and scenic concerns have been
thoroughly addressed and incorporated into any engineering and development plans. The
special review process should include, but not be limited to the following:
• Wetlands issues
• Existing trees and natural features
11.2 Recognized Special Areas and Sites
Drainages and Canals
Special natural and manmade features of Eagle are the drainages and canals. The main
purpose of the canals and drainage ditches is that of distributing and moving water.
11.3 Goal
To promote the conservation and efficient management of all Special Areas and Sites.
11.4 Implementation and Strategies
A. Protect and improve natural and man -made waterways.
B. Continue to develop and improve City design guidelines to encourage
preservation of Eagle's historic buildings and guide new development to
reinforce the town's special quality and "turn of the century" character.
G. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
I. The City may require developers to prepare and submit an environmental
assessment and any such additional reports as the City may from time to time
require, for any development on land within an area designated as a Special
Area or Site or for any development impacting a designated Special Area or
Site.
Chapter 13 — Implementation
13.3 Special Implementation Techniques-For Development within the City Limits
A. Planned Unit Development Ordinance (PUD) is one of many devices used to
implement a comprehensive plan. A developer of a PUD may be allowed variations in
development requirements, if it is in the City's interest to encourage such a
development.
C. PUD regulations are intended to encourage innovations in land development
techniques so that the growing demands of the community may be met with greater
flexibility and variety in type, design, and layout of sites and buildings and by the
conservation and more efficient use of open spaces and of other natural environmental
features which enhance the quality of life.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8 -1 -2: Rules and Definitions:
PLANNED UNIT DEVELOPMENT: A development designed to incorporate a variety of lot sizes and
created to accommodate a wide range of income levels and planned to be developed as a unit under
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single ownership or control which may include residential, commercial, or office uses or any
combination thereof.
• Eagle City Code Section 8 -2 -4 Schedule of Building Height and Lot Area Requirements:
Zoning
Maximum
District
Height
R -4
35'
1 Interior Street
{
Front Rear Side Side
20' 25' 7.59-7 20'
Maximum Lot
Covered F And
J*
40%
Minimum
Lot Area
(Acres Or Minimum
Square Feet) Lot
H* Width I*
8,000 70'
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
• Eagle City Code Section 8 -2 -4 (B):
Additional 5 feet per story side setback is required for multi -story structures. Height not to exceed
maximum allowed within the zone.
• 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 block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided,
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainhnk, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
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• Eagle City Code Section 8- 6 -5 -1: Minimum Area:
A PUD for the following principal uses shall contain an area of not less than the following,
however, the zoning administrator may permit the submittal of a PUD which does not meet the
minimum area requirements provided the council finds that unique or special circumstances exist
with regard to the site so as to warrant the exception and that the PUD will be designed and
operated in accordance with the provisions of this title:
A. Three (3) acres for residential development.
• 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 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.
• Eagle City Code Section 8 -7 -3: Conditional Use Permit:
8- 7 -3 -2: General Standards for Conditional Uses:
The Commission/Council shall review the particular facts and circumstances of each proposed
conditional use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
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A. Will, in fact, constitute a conditional use as established in section 8 -2 -3 of this title for the
zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective• of the comprehensive plan and/or this title;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use
will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighboring uses;
E. Will be served adequately by essential public facilities and services such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be able
to provide adequately any such services;
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and 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;
H. Will have vehicular approaches to the property which shall be so designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9 -1 -6: Rules and Definitions:
COMMON AREA OPEN SPACE: Land within a development, not individually owned or
dedicated for public use (except for the portion of the 8 foot wide landscape strip located adjacent
to and within the public right of way of a local street), or for use as private streets, which is
designed and intended for the common use or enjoyment of the residents of the development. It
may include complementary structures and improvements (see definitions of Open Space; Open
Space, Active; and Open Space, Passive).
EASEMENT: A grant by a property owner to specific persons or to the public to use land for
specific purposes. Also, a right acquired by prescription.
OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot wide
landscape strip located adjacent to and within the public right of way of a local street) substantially
open to the sky, exclusive of streets, commercial and residential buildings, and shall be designated
and intended as a usable and convenient amenity for the residences of any proposed development.
PLANNED UNIT DEVELOPMENT: A subdivision designed as a combination of residential,
commercial and office uses or any combination thereof planned for a tract of land to be developed
as a unit under single ownership or control, which is developed for the purpose of selling
individual lots or estates, fronting on private or dedicated streets, which may include two (2) or
more principal buildings.
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• Eagle City Code Section 9 -2 -3: Preliminary Plat:
2. The subdivider shall submit to the administrator at least the following:
a. Six (6) copies of the preliminary plat of the proposed subdivision, drawn in accordance
with the requirements hereinafter stated. Each copy of the preliminary plat shall be on
good quality paper, shall have the dimensions of not less than twenty four inches by thirty
six inches (24" x 36 "), shall be drawn to a scale of not less than one inch to one hundred
feet (1" = 100'), shall show the drafting date, and shall indicate thereon, by arrow, the
generally northerly direction;
• Eagle City Code Section 9 -3 -1: Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions, improvements and
facilities done, constructed or made in accordance with said provisions shall comply with the
minimum design standards set forth in this chapter and with all applicable requirements set forth in
Title 8, Chapter 6, "Planned Unit Developments ", of this code; provided, however, that any higher
standards adopted by any highway district, the Idaho transportation department or health agency
shall prevail over those set forth herein.
• Eagle City Code Section 9 -3 -2: Streets and Alleys:
9- 3 -2 -1: Location and Design:
Streets and road location and design shall conform to the following standards:
G. Cul -De -Sac Streets: Cul -de -sac streets shall not be more than seven hundred fifty feet (750') in
length and 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. The following exceptions may be considered by
the council:
1. Alternative types of turnarounds for cul -de -sacs which will provide access to less than
thirteen (13) dwelling units may be permitted by the city if approved by the fire
department and the highway district having jurisdiction.
I. Private Streets: Private streets that provide access to no more than ten percent (10 %) of the lots
may be permitted within planned unit developments provided that the standards within section
9 -3 -2 -5 of this chapter are met.
• Eagle City Code, Section 9- 3 -2 -5: Private Streets:
Private streets may be permitted, in the discretion of the council, subject to the following:
A. Compliance: Private streets may provide access to no more than ten percent (10 %) of the lots
within a planned unit development provided the council determines that the private streets are
in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that private
streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking.
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3. The private streets shall provide adequate access for service and emergency vehicles.
4. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel layout.
6. Other than to provide emergency access, the private streets do not connect one public
street to another, thereby encouraging travel through the development served by the
private street.
7. The use or alignment of the private streets does not interfere with the continuity of public
streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets, including provisions for the funding thereof.
B. Construction And Design Standards: Private streets shall conform to the following
construction and design requirements:
1. All private street construction shall be in accordance with Ada County Highway District's
structural standards for streets including base course and asphaltic concrete mat thickness
utilizing the appropriate traffic index or as may be recommended by the city engineer and
approved by the city council, and shall further be in accordance with Ada County
Highway District's intersection design and drainage requirements, or as may be
recommended by the city engineer and approved by the city council.
2. Except as may be otherwise set forth in this section, private streets shall meet such design
and dimensional requirements as the council may determine are appropriate considering
the proposed use and the site upon which the private streets are to be placed, however, all
private streets shall contain paved travel lanes a minimum of twelve feet (12') in width
(except as noted herein) and shall otherwise provide for the safe, convenient, and effective
movement of both vehicular and pedestrian traffic. Vertical curbing shall be provided for
streets that are less than thirty four feet (34') in total width.
3. Sidewalks shall be required in accordance with subsection 9- 4 -1 -617 of this title.
4. The design engineer shall identify on the construction drawings for the review and approval
by the city engineer, all traffic signs needed for the project, including, but not limited to,
designated parking and "no parking" areas, speed, stop, and such other signs as are
required for safe pedestrian and vehicle travel.
5. All private streets shall, during the progress of construction, be inspected and tested, at the
expense of the owner or developer, by a qualified inspector in order to ensure compliance
with the construction and design standards set forth in this section, the construction
drawings as prepared by the registered professional engineer, and good engineering and
construction practices. Reports of such inspections and tests shall be submitted, together
with a certification of such compliance, for the review and approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public right of
way, or at one of the following approved turnaround areas:
a. A cul -de -sac designed in accordance with the provisions of subsection 9- 3 -2 -1G of
this chapter and subject to the approval of the Eagle fire district and city engineer and
provided further that proper maintenance of the island is provided for;
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b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle fire
district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city engineer,
and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared by a
licensed professional engineer in the state in substantial conformance with engineering
and design standards in effect at the time of preparation of the design. Construction
drawings, together with a certification of such conformity, shall be submitted for the
review and approval by the city engineer. No part of this section shall be construed as
allowing a private street that is not in conformance with current engineering and design
standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more restrictive
standard shall prevail, unless specifically determined otherwise by the city council.
C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance
of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and drainage
facilities for the period of the expected lifetime thereof and a cost estimate therefor
prepared by a licensed professional engineer in the state, together with a proposed method
for funding the same, including, but not limited to, the creation and maintenance of a
reserve fund for that purpose, shall be submitted with the final plat application for review
and approval by the city engineer and city council.
2. The location of the private street shall be clearly depicted on the face of the plat and notes
shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private
street the perpetual right of ingress and egress over the described private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street cannot be
modified and the homeowners' /property owners' association or other entity cannot be
dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be recorded at
the time of recording the plat which said covenant shall create a homeowners'
/property
owners' association or substantially similar entity and make provision for the perpetual
maintenance of the private street in accordance with the approved plan as provided for in
subsection C1 of this section. Said restrictive covenant shall also provide that the said
covenant shall run with the land and that the said covenant cannot be modified and that
the homeowners' /property owners' association or other entity cannot be dissolved without
the express consent of the city. The said restrictive covenant shall be reviewed and
approved by the city attorney prior to certification and signing of the final plat by the city
engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the entity
responsible for the maintenance of any private street approved in accordance with the
provisions of this section to undertake such repair and maintenance activities as it may
determine is necessary to protect the public health, safety, or welfare and make such
expenditures from the funds reserved therefor as may be required thereby; and the owner
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or responsible entity shall, as a condition of approval of any such private street, be deemed
to have agreed to comply with any such order and to reimburse the city all of its costs,
including attorney fees, incurred in obtaining or enforcing any such order. Any order
entered by the council pursuant to this subsection may be enforced by a court of competent
jurisdiction and the city shall be entitled to recover its costs and attorney fees incurred in
connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform
to all applicable components of the comprehensive plan.
• Eagle City Code Section, 9 -3 -5: Lots:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height and
area regulations as set forth in section 8 -2 -4 of this code, except that lot sizes that vary from
the standards within section 8 -2 -4 of this code may be considered as part of the planned unit
development.
• Eagle City Code Section 9 -3 -6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot
lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement
widths, to coincide with respective setbacks, may be considered as part of the planned unit
development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code Section 9 -3 -7: Planting Strips and Reserve Strips:
Planting strips and reserve strips shall conform to the following standards:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed next to
incompatible features such as highways, railroads, commercial or industrial uses to screen the
view from residential properties and to provide noise mitigation for those residents. Such
planting strips/buffer areas shall be a minimum of twenty feet (20') wide unless a greater width
is required within section 8 -2A -7 of this code. The landscape strip/buffer area shall not be a
part of the normal street right of way and shall comply with all landscape/buffer area
requirements within section 8 -2A -7 of this code.
• Eagle City Code Section 9- 4 -1 -6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
F. Sidewalk Design:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or at
the building setback line, is over one hundred feet (100'), sidewalks on only one side of
the street may be allowed.
5. If sidewalk is required on one side of each street only (as provided for in subsection F1 of
this section), then the trees on the side of the street with no sidewalk shall be placed within
five feet (5') of the edge of roadway.
• Eagle City Code Section 9- 4 -1 -8: Underground Utilities:
Underground utilities are required.
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• Eagle City Code Section 9- 4 -1 -9: Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
All residential dwelling units shall be provided with a pressurized irrigation system to be
served with irrigation water unless a waiver, as outlined herein, is approved by the city
council.
The city has adopted supplemental standards and regulations (titled "Pressure Irrigation
Standards ", incorporated herein by reference and available at Eagle city hall) pertaining to
the design, construction and maintenance of pressurized irrigation systems. Plans and
documents reflecting the required standards and regulations shall be submitted with the
application for a preliminary plat.
The following design requirements and the requirements provided within the supplemental
"Pressure Irrigation Standards" shall apply to the pressurized irrigation system. These
standards shall supplement all other regulations, and where at variance with other laws,
regulations, ordinances or resolutions, the more restrictive requirements shall apply. The
council may determine that revisions to the supplemental standards are warranted and
make such revisions by act of a resolution.
a. The pressurized irrigation system may have a backup connection to a potable water
system with the approval of the city, city engineer, and the potable water purveyor,
and the installation of a state approved reduced pressure backflow prevention
assembly or an air gap separating the irrigation system and the potable water system.
The operation, maintenance, associated costs, and annual inspection of the backup
connection and the backup system's reduced pressure backflow prevention assembly
shall be the responsibility of the entities as determined in "Pressure Irrigation
Standards" of this section. Individual backup connections to individual lots by
individual lot owners shall be prohibited with the exception of the common area lots
owned and maintained by the homeowners' association.
b. The pressurized irrigation system shall be designed by a licensed professional engineer
registered in the state of Idaho, and the construction plans for the system shall be
reviewed and approved by the city engineer.
2. The requirement for installation of a pressurized irrigation system may be waived by the
city council when the applicant has established that any of the following situations exist
(the sale or transfer of an existing water right shall not be grounds for requesting a waiver
pursuant to this provision):
a. Where a sufficient surface irrigation water right does not exist for the property. The
lack of surface irrigation water right shall be documented in writing by the appropriate
irrigation district or canal company and the department of water resources and shall be
submitted with the subdivision preliminary plat. In this case a waiver shall only be
granted for that portion of the subdivision that cannot be served.
b. Where an existing surface water right cannot be delivered to the property by an
irrigation district or canal company due to current delivery capacity or scheduling. In
these situations the city council may still require the installation of the pressure
irrigation system, provided water rights can be made available to the property and
delivery system modifications can be made so irrigation water can be supplied within
two (2) years.
c. Where the applicant has provided for another means of delivery such as flood
irrigation, if approved by the city engineer. The applicant shall present the proposed
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alternative delivery system to the city engineer at the time the waiver is requested
d. That due to the specific circumstances surrounding a new subdivision, the cost of
obtaining water rights, reestablishing water rights or developing the system would
impose an undue economic hardship on the developer. For purposes of this section, an
undue economic hardship shall consist of a showing that the cost per lot to develop the
pressurized irrigation system would be twenty five percent (25 %) higher than the cost
per lot for providing a pressurized irrigation system to subdivisions of similar size and
density constructed in the city within the previous two (2) years; or the cost per lot of
the pressurized irrigation system would exceed five percent (5 %) of the expected per
lot market value of the subdivision.
The developer shall bear the burden of providing documentation, acceptable to the
city engineer and city council, demonstrating and supporting the estimated costs of
construction of the pressurized irrigation system, and the cost per lot for irrigation
systems in those subdivisions built in the last two (2) years as noted above, and the
expected market value of the subdivision lots. For phased developments, costs will be
analyzed over all phases of the development rather than the first phase only.
• Eagle City Code Section 9- 4 -1 -12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8 -2A -7 of this code shall be required for the
protection of residential properties from streets classified as collectors, arterials,
freeways /expressways, waterways, railroad rights of way or other features. Subdivision plats shall
show the location of all buffer areas.
D. DISCUSSION:
The Eagle Comprehensive Plan designates the property as Residential Four and the property has
an R -4 -DA (Residential with a development agreement) zoning designation. The applicant has
submitted a conditional use permit, preliminary development plan, and preliminary plat
applications for a planned unit development for Shadowbluff Subdivision. The applicant is
requesting a planned unit development to request deviations from the standard minimums with the
code in regard to setbacks, lot size, lot width, and reduction on landscape buffer width located
adjacent to SH -55.
The preliminary plat, date stamped by the City on July 21, 2015, shows lots ranging in size from
6,460 - square feet in size to 8,050- square feet. The minimum size for lots located within the R -4
zoning district is 8,000 - square feet. Pursuant to Eagle City Code 8 -6 -5 -5 (A), a decrease of
minimum lot size is permitted if there is an offsetting increase of the same square- footage in open
space and a planned unit development is applied for and approved. If this PUD is approved by the
Council, the decrease in lot size may be permitted since the development has been designed to
provide the required amount of offsetting increase of square footage within the open space.
The preliminary plat, date stamped by the City on July 21, 2015, shows three (3) lots to be below
8,000 - square feet in size (minimum lot size). The applicant has requested reduced setbacks from
what is required pursuant to Eagle City Code Section 8 -2 -3 for the R -4 (Residential) zoning
district. The applicant is requesting the front yard setback to be reduced from twenty feet (20') to
fifteen feet (15') for living area, the rear yard setback to be reduced from twenty -five feet (25') to
twenty feet (20') and the side yard setback reduced from seven and one -half feet (7 1/2') to five
feet (5') per story and five feet (5') total for Lots 1 -3, Block 2. The applicant requested setbacks
are as follows:
Front 15 feet (living area), 20 feet to garage (measured from back of
sidewalk)
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Rear 20 feet
Interior Side 5 feet (per story), 5 feet total for Lots 1 -3, Block 2
Street Side 20 feet
Maximum Coverage 40%
The sidewalk is proposed to be located within the street right -of -way, therefore, the setbacks will
be measured from the property line. It is staff's opinion that based on the size of the lots the
applicant's requested setbacks should be approved as requested.
The preliminary plat, date stamped by the City on July 21, 2015, does not contain a plat note in
regard to the building setbacks. The applicant is requesting a planned unit development to allow
for reduced building setbacks and if approved the plat should contain a plat note referencing
setbacks. The applicant should provide a revised preliminary plat with a new plat note stating,
"Minimum building setbacks lines shall be in accordance with Eagle City Code at the time of
issuance of a building permit or as specifically approved." The revised preliminary plat should be
provided prior to submittal of a final plat application.
The applicant has submitted a Parcel Division application to allow for the existing home located
on the property to be divided and located on a separate parcel. The preliminary plat, date stamped
by the City on July 21, 2015, shows the septic tanks and a 13,200 - square foot sewer easement
(drainfield area) which serves the existing home located within the area to be platted. The
applicant should be required to connect the existing home located at 10895 North Horseshoe Bend
Road into a central sewer system prior to the City Clerk signing the final plat.
Plat note #1 of the preliminary plat, date stamped by the City on July 21, 2015, provides the area,
number of lots, minimum lot size, zoning and an overview of the common lots. The applicant
should provide a revised preliminary plat with plat note #1 revised to read, "Lots 1 and 5, Block 1
and Lot 13, Block 2, are designated as common lots which shall be owned and maintained by the
Shadowbluff Subdivision Homeowner's Association." The revised preliminary plat should be
provided prior to submittal of a final plat application.
Plat note #2 of the preliminary plat, date stamped by the City on July 21, 2015, indicates that each
lot will be served by Eagle Water Company potable water system and each lot will be connected to
Eagle Municipal Sewer Service. The Eagle Sewer District provides sewer service within the City
of Eagle. The applicant should provide a revised preliminary plat with plat note #2 revised to read,
"Each lot will be served by Eagle Water Company potable water system. Each lot will be
connected to the Eagle Sewer District central sewer system." The revised preliminary plat should
be provided prior to submittal of a final plat application.
Plat note #3 of the preliminary plat, date stamped by the City on July 21, 2015, indicates in part
that the subdivision will have no connection or access to Highway 55 on the west nor to North
Horseshoe Bend Road on the east. The applicant should provide a revised preliminary plat with
plat note #3 revised to read, "Direct lot access to State Highway 55 is prohibited unless approved
by the Idaho Transportation Department and the City of Eagle. The revised preliminary plat should
be provided prior to submittal of a final plat application.
The applicant provided an aerial map, date stamped by the City on June 4, 2015, which shows a
structure located in the center of the development that is not identified on the preliminary plat.
Based on the location of the structure if it remains on the site it will be located on Lot 5, Block 2.
The applicant should be required to provide a revised preliminary plat identifying the location of
the existing structure (located in the middle of the subject property) and noting the structure is to
be removed. The revised preliminary plat should be provided prior to submittal of a final plat
application.
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The preliminary plat, date stamped by the City on July 21, 2015, shows the Shadowbluff Street
section with a rolled curb and gutter on both sides of the street. The preliminary plat shows an
eight foot (8') wide common lot located adjacent to the southern side of Shadowbluff Street to
prevent the existing residential lots located in the adjacent subdivision from having double
frontage to public streets. Also, parking will be limited to one (1) side of Shadowbluff Street due
to the narrowness of the travelway. The applicant should be required to construct vertical curb
adjacent to the common lots located adjacent to the southern boundary of the subdivision to
discourage parking from occurring on the landscaped common lot. The applicant should provide a
revised preliminary plat showing the southern side of Shadowbluff Street with vertical curbing.
The revised plat should be provided prior to submittal of a final plat application.
The preliminary plat, date stamped by the City on July 21, 2015, does not identify the location for
streetlights. At a minimum the subdivision should have streetlights located at the eastern terminus
of Shadowbluff Lane, the intersection of Shadowhawk Avenue and Shadowbluff Street (Lane),
and the corner of Shadowbluff Street and Shadowridge Avenue. The applicant should provide a
revised preliminary plat showing streetlights located at the eastern terminus of Shadowbluff Lane,
the intersection of Shadowhawk Avenue and Shadowbluff Street (Lane), and the corner of
Shadowbluff Street and Shadowridge Avenue. The revised preliminary plat should be provided
prior to submittal of a final plat application.
The applicant has submitted a Parcel Division application (PD- 02 -15) requesting to divide the
existing original parcel into two (2) separate parcels. The applicant is proposing to divide the
existing home located on the property from the area to be subdivided for Shadowbluff
Subdivision. If the parcel division is approved by the City Council, the applicant should be
required to comply with the parcel division site specific conditions of approval, standard
conditions of approval, and record the approved parcel division record -of -survey prior to the City
Clerk signing the Shadowbluff Subdivision final plat.
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 Shadowbluff Subdivision 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 August
11, 2015. The Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in favor of nor opposed to this proposal was presented to the Planning and
Zoning Commission by three (3) individuals who expressed the following concerns:
• The applicant should be required to remove one (1) lot located adjacent to East Shadowbluff Street
to allow the proposed lots to align with the existing lots located within the adjacent subdivision.
• The proposed development will be a burden to the residents located within the adjacent
developments.
• The perimeter fencing needs to be addressed.
• The proposed open space needs to be more centrally located for safety.
• The rear yards should be required to have additional trees.
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• The values of the homes currently located in proximity to the proposed development will be
reduced.
• The area needs to be developed but the proposed development needs some minor adjustments.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• The project is well designed based on the narrow rectangular shape of the property.
• There is no data showing that a development of this style will reduce the property values of other
properties located in the area.
• The proposed development is in conformance with Eagle City Code.
• The proposed location of the park is appropriate.
COMMISSION DECISION:
The Commission voted 3 to 0 (Koellisch and Villegas absent) to recommend approval of Shadowbluff
Subdivision (CU- 05- 15/PPUD- 02- 15/PP- 06 -15) for Envision Homes, Inc., with the site specific conditions
of approval and standard conditions of approval provided within their findings of fact and conclusions of
law, dated August 31, 2015.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 22, 2015, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/ representative).
C. Oral testimony in opposition of the application was presented to the City Council by no one.
COUNCIL DECISION REGARDING THE DEVELOPMENT AGREEMENT MODIFICATION:
*Note — A development agreement modification was provided for Council's review and action by City staff to
address the previously approved, and expired, development agreement for the subject property. The development
agreement as modified herein will not expire.
The Council voted 4 to 0 to approve RZ -03 -06 MOD, for a development agreement modification for
Envision Homes Inc., with the following staff recommend conditions of development to be placed in an
amended and restated development agreement, with underline text to be added by the Council and strike
though text to be deleted by the Council:
3.1 The maximum density for the Property shall be 3.3044 dwelling units per acre.
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in that
concept may occur. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public hearing
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shall be held on any proposed changes in the Concept Plan, and notice shall be provided as may be
required by the City.
3.4 Owner shall comply with Site Specific Conditions of Approval and Standard Conditions of
Approval of Parcel Division application #PD -02 -15 prior to the City Clerk signing the
Shadowbluff Subdivision final plat.
3.5 Owner shall provide potable water and sewer connections to the parcel containing the existing
residential dwelling located at 10895 North Horseshoe Bend Road. Upon completion of the
subdivision Owner shall connect the existing residence to potable water and central sewer.
3.6 Owner shall plant two (2) trees in the back of each lot prior to issuance of a Certificate of
Occupancy.
COUNCIL DECISION REGARDING THE PLANNED UNIT DEVELOPMENT AND
PRELIMINARY PLAT:
The Council voted 4 to 0 to approve CU- 05- 15/PPUD- 02- 15/PP -06 -15 for Shadowbluff Planned Unit
Development for Envision Homes, Inc., with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all of the 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 required buffer area located adjacent to State Highway 55 and common lots,
3) building elevations for all proposed common area structures 4) useable amenities such as picnic
tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, and 5)
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 applicant shall provide a revised preliminary plat showing public streets. If the City Council
approves the proposed private street the applicant shall provide a revised preliminary plat which
contains a plat note that a) conveys to each lot owner within the subdivision to be served by the private
streets the perpetual right of ingress and egress over the described private street, b) provide that such
perpetual easement shall run with the land, c) provide that the restrictive covenant for maintenance of
the private street cannot be modified and the homeowners' /property owners' association or other entity
cannot be dissolved without the express consent of the city. The revised preliminary plat shall be
provided to the City prior to submittal of a final plat application. (ECC 9- 3- 2- 5[C][2])
5. If the City Council approves the proposed private street the applicant shall provide a revised
preliminary plat showing the private street to be located within a separate common lot. The revised
preliminary plat shall be provided to the City prior to submittal of a final plat application.
6. Provide a revised preliminary plat with plat note #1 revised to read, "Lots 1 and 5, Block 1 and Lot 13,
Block 2, are designated as common lots which shall be owned and maintained by the Shadowbluff
Subdivision Homeowner's Association." The revised preliminary plat shall be provided prior to
submittal of a final plat application. (ECC 9 -1 -6 and ECC 9- 3- 8[D][4][a])
7. Provide a revised preliminary plat with plat note #2 revised to read, "Each lot will be served by Eagle
Water Company potable water system. Each lot will be connected to the Eagle Sewer District central
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sewer system." The revised preliminary plat shall be provided prior to submittal of a final plat
application.
8. Provide a revised preliminary plat with plat note #3 revised to read, "Direct lot access to State
Highway 55 is prohibited unless approved by the Idaho Transportation Department and the City of
Eagle." The revised preliminary plat shall be provided prior to submittal of a final plat application.
9. Provide a revised preliminary engineering plan containing a typical street section showing the private
streets to be bordered by vertical curbing prior to submittal of a final plat application. (ECC 9-2-3 -
5 [B] [2])
10. Provide a revised preliminary plat showing the southern side of Shadowbluff Street with vertical
curbing. The revised plat should be provided prior to submittal of a final plat application.
11. 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)
12. The required setbacks shall be as follows:
Front 15 feet (living area), 20 feet to garage
Rear 20 feet
Interior Side 5 feet (per story), 5 feet total for Lots 1 -3, Block 2
Street Side 20 feet
Maximum Coverage 40%
13. Provide a revised preliminary plat with a new plat note stating, "Minimum building setbacks lines shall
be in accordance with Eagle City Code at the time of issuance of a building permit or as specifically
approved." The revised preliminary plat shall be provided prior to submittal of a final plat application.
14. Provide a revised preliminary plat with a new plat note to read as follows:
Public utility, drainage, and irrigation easements will be as follows:
— 12 -feet wide adjacent to public right -of -way (unless shown otherwise) and rear lot lines
— 5 -feet wide on each side of interior lot lines (drainage only)
— All other easements are as shown
The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9 -3-
6)
15. Provide a revised preliminary plat showing streetlights located at the eastern terminus of Shadowbluff
Lane, the intersection of Shadowhawk Avenue and Shadowbluff Street (Lane), and the corner of
Shadowbluff Street and Shadowridge Avenue. The revised preliminary plat shall be provided prior to
submittal of a final plat application. (ECC 9- 4 -1 -5)
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 &Rs. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC &Rs, and shall be reviewed and
approved by the City Attorney prior to the approval of the final plat application. (ECC 9- 5 -4 -2)
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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 #16 above of the PUD.
19. The applicant shall be required to remove all structures (greenhouse, shelter, and shed — as designated
on the preliminary plat "to be removed" from the site) prior to the City Clerk signing the final plat.
Demolition permits shall be obtained prior to the removal of said structures.
20. Provide a revised preliminary plat identifying the location of the existing structure (located in the
middle of the subject property) and noting the structure is to be removed. The revised preliminary plat
shall be provided prior to submittal of a final plat application. (ECC 9- 2- 3[C][3][f])
21. The applicant shall be required to connect the existing home located at 10895 North Horseshoe Bend
Road into a central sewer system prior to the City Clerk signing the final plat.
22. The applicant shall be required to obtain the proper permit and subsequently abandon the existing
septic system and drainfield located on -site. Upon removal the applicant shall provide documentation
from Central District Health Department indicating the septic system and drainfield were properly
abandoned prior to the City Clerk signing the final plat.
23. If the parcel division is approved by the City Council, the applicant shall be required to comply with
the parcel division site specific conditions of approval, standard conditions of approval, and record the
approved parcel division record -of -survey prior to the City Clerk signing the Shadowbluff Subdivision
final plat.
24. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights -of -way abutting and within this site prior to the City Clerk signing the final plat.
(ECC 9- 4 -1 -2)
25. 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.
26. The applicant shall install at the entrances to the Shadowbluff 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.
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.
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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 &Rs 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
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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.
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.
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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
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.
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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. The Council reviewed the particular facts and circumstances of this proposed development agreement
modification, conditional use permit, preliminary development plan, and preliminary plat (CU -05-
15/PPUD-02-15/PP-06-15) 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.
Shadowbluff Subdivision has been proposed for development in conformance with the Eagle
Comprehensive Plan, consistent with the requirements of Eagle City Code;
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.
Shadowbluff Subdivision will provide similar lot sizes and density as Shadowview Subdivision
and Shadowridge Subdivision located adjacent to the proposed subdivision;
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
Shadowbluff Subdivision is proposed to be developed in a manner harmonious with the existing
subdivisions located in the immediate vicinity;
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
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anticipated that any uses or activities will be detrimental to the surrounding properties upon
completion of the site work;
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
All central services are available to be extended to the site, as noted within the letters provided by
the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and
other urban services will be provided at the developer's expense;
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the Eagle Sewer District, Eagle Water Company, or Ada
County Highway District;
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;
h. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
Access to the development will be from North Shadowhawk Avenue and North Shadowridge
Avenue. The design and construction of the roadways and entrances is guided by the Ada County
Highway District;
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
Since there are no natural, scenic, or historic features located 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 Four (up to four (4) units per acre);
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 and the executed development agreement 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;
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.
The development provides for a residential use similar to the existing Shadowview Subdivision
and Shadowridge Subdivision located adjacent to the north and south boundaries of the proposed
development.
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4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP -06-
15) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the density of the zoning designation of R -4
(Residential- four dwelling units per acre maximum);
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City
Code since the development is consistent with the Comprehensive Plan and provides the required
improvements for a subdivision;
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use will
not change the essential character of the same area;
d. Will not create excessive additional requirements at public cost for facilities and services as the
site will be served by Eagle Sewer District and will use public water served by Eagle Water
Company. Fire protection will be available from the Eagle Fire District and fire hydrants will be
provided as required;
e. Will have vehicular approaches to the property designed to not create an interference with traffic
on surrounding public thoroughfares since the project is reviewed and approved by Ada County
Highway District and is subject to the conditions therein;
f. This development is in continuity with the capital improvement program since the required public
improvements have been installed on site, or are expected to be installed with the development of
individual lots as conditions of approval;
g. That based upon agency verification and written comments from the notified agencies or as
conditioned herein, there is adequate public financial capability to support the proposed
development;
h. That any health, safety and environmental problems that were brought to the Council's attention
have been adequately addressed by the applicant or will be conditions of final plat approval as set
forth within the conditions of approval above.
5. Pursuant to Eagle City Code 8 -7 -3 -5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 13"' day of October, 2015
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho ••.•``;� OF E.4 G,''•.,
ames D. Reynolds, Mayor = t v R'
a SEAL
ATTEST:
OESharon k. Bergmann, Eagle City C rk ,•,���� "' ��,,••
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis.
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