Findings - CC - 2015 - CU-02-13MOD/PPUD-02-13MOD/PP-04-13MOD - Mod To Cup/Ppud/Pp/Alderwood Village #2/Mod Lot Coverage AreaBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT, )
MODIFICATION PRELIMINARY )
DEVELOPMENT PLAN MODIFICATION, )
AND PRELIMINARY PLAT MODIFICATION )
FOR ALDERWOOD VILLAGE SUBDIVISION )
NO.2 FOR RIVERSIDE HOMES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU -02 -13 MOD/PPUD -02 -13 MOD/PP -04 -13 MOD
The above - entitled conditional use permit modification, preliminary development plan modification, and
preliminary plat modification applications came before the City Council for their action on October 27,
2015. The 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:
Riverside Homes, represented by Dave Yorgason with Tall Timber Consulting, is requesting a
modification to the conditional use permit, preliminary development plan, and preliminary plat for
Alderwood Village No. 2 Planned Unit Development to modify the maximum lot coverage from
50% to 60 %. The 4.7 —acre site is located at 947 W. State Street approximately 430 -feet west of
South Grandean Way.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 30, 2015.
C. NOTICE OF PUBLIC HEARING:
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
October 5, 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 October 2, 2015. The site was posted in
accordance with the Eagle City Code on October 15, 2015.
D. HISTORY OF PREVIOUS ACTIONS:
On October 10, 2006, the City Council approved Eudora Estates Subdivision (a.k.a. Alderwood
No. 2) for RTB Investments, LLC. (CU- 02- 06/PPUD- 0 1- 06/PP- 08 -06)
On February 12, 2008, the City Council approved an extension of time for the preliminary plat for
Alderwood Subdivision No. 2 to be valid until October 10, 2008.
On August 14, 2014, the Design Review Board approved the common area landscaping within
Alderwood Village Subdivision No. 2 for Kent Frietag (DR- 31 -14).
On August 26, 2014, the City Council approved Alderwood Village Subdivision No. 2 for Tealy's
Land Surveying, (CU- 02- 13/PPUD- 02- 13/PP- 04 -13).
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On April 14, 2015, the City Council approved the final development plan and final plat for
Alderwood Village Subdivision No. 2 for Tealy's Land Surveying (FPUD- 01- 15/FP- 01 -15).
On September 1, 2015, the Alderwood Village Subdivision No. 2 final plat was recorded at the
Ada County Recorder's office.
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. SITE DATA:
Total Acreage of Site — 4.7 -acres
Total Number of Lots — 18
Total Number of Units -
Residential —15
Commercial — 0
Industrial — 0
Common — 3
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 (4 units
R -4 (Residential -up to 4 units
Single - family residential
per acre maximum)
per acre)
subdivision
Proposed
No Change
No Change
No Change
North of site
Residential Four (4 units
R -4 (Residential -up to 4 units
Single - family residential
per acre maximum)
per acre)
South of site
Public /Semi - Public
R -4 (Residential -up to 4 units
Alderwood Village/PUD
per acre)
and State Highway 44
East of site
Residential Four (4 units
R -4 (Residential -up to 4 units
Alderwood Village/PUD
per acre maximum)
per acre)
West of site
Residential Four (4 units
R -4 (Residential -up to 4 units
Residence and Eagle
per acre maximum)
per acre)
Nazarene Church
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. SITE DATA:
Total Acreage of Site — 4.7 -acres
Total Number of Lots — 18
Total Number of Units -
Residential —15
Commercial — 0
Industrial — 0
Common — 3
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
3.19 units per acre
4 units per acre maximum
Minimum Lot Size
5,339- 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
45 -Feet*
75 -Feet
Minimum Street Frontage
29 -Feet*
35 -feet
Total Acreage of Common Lots
1.65 -acres (72,007 S.F.)
.94 -acres minimum (40,946
S.F.)
.47 -acres for 10% minimum
plus .68 -acres for lots
smaller than the minimum
(8,000 SF) — per ECC
Section 8 -6 -5 -5 (A)
Percent of Site as Common Area
35.1%
24.5% (minimum - see
above)
* Note — The minimum lot width and street frontage may be reduced with the approval of a planned unit
development.
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE CONDITIONAL PERMIT,
PLANNED UNIT DEVELOPMENT, AND PRELIMINARY PLAT MODIFICATIONS:
See applicant's justification letter, date stamped by the City on September 30, 2015 (attached to the
staff report).
J. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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K. AGENCY RESPONSES:
The following agencies have previously responded with the original application (CU-02-13/PPUD-02-
13/PP-04-13) and their correspondence is attached to the staff report:
City Engineer: All comments within the engineer's letter are of special concern (attached to the
original application staff report and included herein by reference).
Ada County Highway District
Ballentyne Ditch Company
Central District Health
Chevron Pipe Line Company
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
Idaho Transportation Department
Middleton Irrigation Association, Inc. /Middleton Mill Ditch Company
L. LETTERS FROM THE PUBLIC: None received
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: None
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8 -2 -4 Schedule of Building Height and Lot Area Requirements:
I
Zoning Maximum
District Height Front Rear
R -4 35' 20' 25'
Maximum Lot
Interior Street Covered F And
Side Side J*
7.5' - 20' 40%
Minimum
Minimum
Lot Area
(Acres Or
Minimum
Square Feet)
Lot
H*
Width I*
8,000
�— 70' -1"
0 Eagle City Code Section 8 -6 -1: Planned Unit Developments: Purpose, Goals, and Objective:
C. Objective: To guide land development and construction through the planned unit
development (PUD) to achieve the following:
1. A maximum choice of living environments by allowing a variety of housing and
building types, lot dimensions, yards, building setbacks and area requirements;
2. A more useful pattern of open space and recreation areas and, if permitted as part of
the project, more convenience in the location of accessory commercial uses, office
uses and services;
3. A development pattern which preserves and utilizes natural topography and geologic
features, scenic vistas, trees and other vegetation, and prevents the disruption of
natural drainage patterns;
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4. A more efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
5. A development pattern in harmony with the objective for land use density,
transportation and community facilities as presented in the comprehensive plan.
• Eagle City Code Section 8 -6 -3: Final Development Plan:
2. The facts submitted with the application and presented to them establish that:
B. Action By The Council: The council shall either approve, approve with supplementary
conditions or disapprove the application as presented. Upon granting or denying the
application, the council shall specify
C. SUBDIVISION ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: None
D. DISCUSSION:
• The applicant is requesting approval to increase the previously approved maximum lot
coverage of 50% to 60 %. The reason for the request is to allow a larger building footprint to
accommodate more living area on the main level of the home and allow for a three (3) car
garage. The purpose of the request is to reduce the size of the second story living area and
reduce on -street parking of vehicles.
PUBLIC HEARING OF THE COUNCIL:
A. A Public hearing on the application was held before the City Council on October 27, 2015, at which
time public testimony was taken and the public hearing was closed. The Council made their decision at
that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition of this proposal was presented to the City Council by no one.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval of increasing the maximum lot coverage from 50% to 60 %.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU -02 -13 MOD/PPUD -02 -13 MOD/PP -04 -13 MOD to modify the
maximum lot coverage from 50% to 60% for Riverside Homes, with the following site specific conditions
of approval and standard conditions of approval with strike through text to be deleted by the Council and
underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. The applicant shall submit payment to the City for all outstanding Engineering and Legal fees
incurred by the City in obtaining a review of this project upon receipt of an invoice(s) by the City
prior to the submittal of a final plat application.
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 44, 3) building
elevations for all proposed common area structures 4) landscape screening details of the irrigation
pump house, 5) useable amenities such as picnic tables, covered shelters, benches, playground
equipment, gazebos, and/or similar amenities, and 6) proposed fencing to be located adjacent to the
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common areas and on the required buffer area adjacent to State Highway 44. The design review
application shall be reviewed and approved by the Design Review Board prior to the submittal of a
final plat application.
4. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed
at the front of each lot generally at each side property line, or as approved by the Design Review
Board. The trees shall be located in an 8 -foot wide landscape strip between the 5 -foot wide concrete
sidewalk and the curb. Prior to the issuance of any occupancy permits for the homes, all required
trees, sod, and irrigation shall be installed within landscape strips. A temporary occupancy may be
issued if weather does not permit landscaping however, a surety in accordance with Eagle City Code
Section 9 -4 -2 -2 for 150% of the cost of the installation of all landscape and irrigation improvements
shall be provided to the City.
The required setbacks shall be as follows:
Front:
15 feet
Rear:
10 feet
Interior Side:
5 feet (one and two story structures)
Street Side:
20 feet
Maximum Coverage:
50%60%
6. Provide a revised preliminary plat showing the utility easement located adjacent to the eastern
property line and the alley to be 10 -feet in width. The revised preliminary plat shall be provided
prior to submittal of a final plat application.
7. Provide documentation assuring that the proposed half street section (South Stephenson Street) will
be completed when the property adjacent to the west is developed. This documentation shall be
provided prior to submittal of a final plat application.
8. The architectural styles provided by the applicant shall be the required architectural styles for the
development. To assure compliance with this condition, the applicant shall create an architectural
control committee (ACC) as a component of the subdivision CC &R's. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC &R's, and shall be
reviewed and approved by the City Attorney prior to the approval of the final plat application.
9. 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.
10. 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 #8 above of the PUD.
11. The applicant shall provide a cross - access and maintenance agreement between the property owners
of Lots 1 -15, Block 2, of Alderwood Village to provide access for Lots 20 -31, Block 2, Alderwood
Village No. 2, prior to the City Clerk signing the final plat. If the coordination efforts fail, applicant
shall provide a certified letter from the Alderwood Village Homeowner's Association stating that
they refuse coordination and connection to the cross - access for Alderwood Village No. 2, as required
by the Alderwood Village final plat and CC &R's.
12. Provide a revised preliminary plat with plat note #1 revised to read "All common lots are to be
owned and maintained by the Alderwood Village No. 2 Homeowners Association, said common lots
have a blanket public utility, drainage, and irrigation easement." The revised preliminary plat should
be provided prior to submittal of a final plat application.
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13. Provide a revised preliminary plat with plat note #2 revised to read "Pressurized irrigation shall be
operated and maintained by the Alderwood Village No. 2 Homeowners Association. The revised
preliminary plat should be provided prior to submittal of a final plat application.
14. Provide a revised preliminary plat with plat note #4 revised to read as follows:
4. Public utility, drainage, and irrigation easements will be as follows:
- 12 -feet wide adjacent to the subdivision boundary and public right -of -way (unless shown
otherwise)
- 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.
15. Provide a revised preliminary plat with plat note #8 (referencing the subdivision is proposed in two
(2) phases) removed prior to submittal of a final plat application.
16. The applicant shall be required to remove the existing sheds located on Lots 16 and 17, Block 2,
prior to the City Clerk signing the final plat. Demolition permits shall be obtained prior to the
removal of the sheds.
17. The applicant shall provide a copy of the CC &Rs at the time of submittal of a final plat application
indicating that the Alderwood Subdivision No. 2 Homeowner's Association is responsible for all
maintenance of the common landscape areas in the subdivision. The CC &Rs for the Alderwood
Subdivision No. 2 Homeowner's Association shall provide that the association shall have the duty to
maintain and operate all of the common landscape areas in the subdivision in a competent and
attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in
accordance with Eagle City Code, in perpetuity.
18. The applicant shall be required to obtain the proper permits and subsequently abandon the existing
septic system and the existing well prior to the City Clerk signing the final plat.
19. 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.
20. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This Street is to be extended in the future."
21. 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.
22. The applicant shall install at the entrances to the Alderwood Subdivision No. 2, 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.
23. The applicant shall provide a surety in the amount of 150% of the replacement cost for the vinyl
fence located between the property and the existing alley located within Alderwood Village
Subdivision in the event Alderwood Village Subdivision No. 2 is not completed.
24. All traffic associated with the construction of Alderwood Village Subdivision No. 2 infrastructure
shall be prohibited from utilizing the alley located adjacent to the eastern boundary of the
subdivision.
25. During the subdivision construction period the applicant shall place signage located at each end of
the alley indicating the alley is for private use only and no construction traffic is permitted.
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26. The applicant shall work with the property owner located at 985 West State Street (Swanson) to
ensure that irrigation to the adjacent property continues to be provided in a manner equal to or
exceeding how irrigation is currently being provided. The irrigation plan shall be reviewed and
approved by Mr. Swanson and the City Engineer prior to the City Clerk signing the final plat.
27. The applicant shall construct a six -foot (6') high solid vinyl fence to be located adjacent to the
western side of South Stephenson Way.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39 -118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31 -3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9- 4- 1 -9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on -site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
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developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC &R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right -of -way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right -of -way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle
Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square
feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits.
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d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by -laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision - making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by -laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway /Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway /Greenbelt Committee prior to
approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway /Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required ".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
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.
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28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9 -6 -5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98 -3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4 "x 4" posts with the bottom of the sign being a minimum of 3 -feet
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 conditional use permit
modification, preliminary development plan modification, and preliminary plat modification (CU -02-
13 MOD/PPUD -02 -13 MOD/PP -04 -13 MOD) 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.
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Alderwood Village Subdivision No. 2 has been proposed for development in conformance with
the Eagle Comprehensive Plan, consistent with the requirements of Eagle City Code; and
b. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
Alderwood Village Subdivision No. 2 will provide similar lot sizes and density as Alderwood
Village Subdivision located adjacent to the proposed subdivision. Although the maximum lot
coverage will be increased from 50% to 60% the homes to be constructed within the development
will be harmonious and appropriate in appearance with the existing or intended character of the
general vicinity; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
Alderwood Village Subdivision No. 2 is proposed to be developed in a manner harmonious with
existing and future uses in the immediate vicinity. Twelve of the proposed lots will have a shared
alley access with lots located within the adjacent Alderwood Village Subdivision as required
pursuant to the approvals associated with Alderwood Village Subdivision; and
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The development is planned for residential similar to the character of the surrounding area, it is not
anticipated that any uses or activities will be detrimental to the surrounding properties upon
completion of the site work; and
That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
All central services are available to be extended to the site, as noted within the letters provided by
the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and
other urban services will be provided at the developer's expense; and
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the Eagle Sewer District, Eagle Water Company, or Ada
County Highway District; and
g. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non -PUD proposal.
The development plan was designed with consideration given to usable open space and pedestrian
pathways; and
h. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
Access to the development will be from West Krasen Street from West State Street. The applicant
is also providing an emergency access from West State Street. The design and construction of the
roadways and entrances is guided by the Ada County Highway District; and
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i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
The existing trees that are located on the site will be preserved or upon their removal (if approved
by the City) will be replaced with an equivalent amount of new trees in accordance with Eagle City
Code. The existing pond and wetlands will be maintained in its natural state; and
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); and
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This application requests approval for a preliminary development plan and conditional use permit
as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet
the conditions herein 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; and
1. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
The development provides for a residential use similar to the existing "neo- traditional'
development (Alderwood Village) located to the east.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat
modification (PP -04 -13 MOD) 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); and
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; and
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; and
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; and
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; and
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; and
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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; and
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.
4. Pursuant to Eagle City Code 8 -7 -3 -5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 10th day of November, 2015
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ja!es D. Reynolds, VaOr
ATTEST: i
Sharon K. Bergmann, Eagle City Cperk
--'-Of- EACH
�Q0R.4
SE VP4 p r% �,`
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis.
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