Findings - PZ - 2016 - A-02-16/RZ-02-16/CU-03-16/PPUD-01-16/PP-01-16 - A/Rz From Rut To R4-Da/Hcr/Level 3 Subdivision Phase 3/10-Lot/3.94-Acre/5335 W State1.1l D1 V) R p1h 0:1 a 9 IM
IN THE MATTER OF AN APPLICATION FOR
AN ANNEXATION, REZONE WITH DEVELOPMENT
AGREEMENT, CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN, AND
PRELIMINARY PLAT FOR HCR/LEVEL 3
SUBDIVISION — PHASE 3 PLANNED UNIT
DEVELOPMENT FOR HOME CAPITAL
RESOURCES, LLC
11, It, -A" 1 I
The above -entitled annexation, rezone with development agreement, conditional use pennit, preliminary
development plan, and preliminary plat applications came before the Eagle Planning and Zoning
Commission for their recommendation on May 16, 2016, at which time public testimony was taken and the
public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and
written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FIASII IIAGS OF FACT:
A. PROJECT SUMMARY:
requesting an annexation, rezone from RUT (Rural -Urban Transition — Ada County designation)
to R -4 -DA -P (Residential with a development agreement - PUD), conditional use permit,
preliminary development plan, and preliminary plat approvals for HCR/Level 3 Subdivision —
Phase 3, a 10 -lot (7 -buildable, 3 -common) residential planned unit development. The 3.94-acra;
site is generally located on the southwest comer of South River Creek Avenue and West Stat�
Street (Hwy 44) at 5335 West State Street.
A Neighborhood Meeting was held at an office in The Land Group building located at 462 East
Shore Drive, Suite 100, at 6:00 PM, on Monday, November 16, 2015, in compliance with the
application submittal requirement of Eagle City Code. The applications for this item was received
by the City of Eagle on February 29, 2016.
[oil I [41;D12 as):] I Lei NO RM 1.4 to
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 April 25, 2016. 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 April 25, 2016. Requests for agencies'
reviews were transmitted on March 10, 2016, in accordance with the requirements of the Eagle
City Code. The site was posted in accordance with the Eagle City Code on May 4, 2016.
that the subject property was not inctuaea wanin Me previously approved—At U
Unit Development. However, the subject parcel contains the storm drainage/irrigation pond and
irrigation pump housefor the previously approvedphases)
Page I of 27
7 Sub Phan 7 pxrdoc
On April 23, 2013, the City Council approved an annexation and rezone from RUT (Rural -Urban
Transition — Ada County Designation) to R4 -DA -P (Residential - four units per acre with a
development #r R -4 -DA r four
with a development agreement PUD), preliminary development plan,
preliminaryplat,w r Unit Development r (A-04-12/ 1 ,,
1 r R 1 1 ,. • I
On 1 the Design Board approved a design review applicationfor r w i
area landscaping for ' Subdivision rr Home Capital '" (DR -30-13).
On September 24, 2013, the City Council approved a final development plan and final plat for
HCR/Level 3 Subdivision r Development, !; 1 .
On rruary 11, 2014, the City Council approved a final plat modificationSubdivision
No. River Walk Subdivision)o: Development • 1
On 4 4 Subdivision Phase I final plat was recorded at the Ada County
Recorder's office.
On 115, the City Council approveddevelopment r.n anr final plat for
HCR/Level 3 Subdivision r 2 for+ r Resources R 4 r R 1;
CountyOn January 19, 2016, the HCR/Level 3 Subdivision Phase 2 final plat was recorded at the Ada
Office.
E. COMPANION ." •
!' 1 floodplain development permitto allow for development of
specialror hazard.
justificationF. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE:
See dated February 29, 2016 r to the staff report),provided b
applicant'srepresentative.
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See justification letter dated February 29, 2016 (attached to the staff report), provided by the
rrrepresentative.
Page 2 of 27
K Tl `ng NpETASIC Ap&Afion&Tr6afmM Dmop t PlrmW I 6kHCR Lgvel 3 Sub Phne3 pzf d®c
i— ■F1'1111 1 211 �1111• 1 Ir M s r M'
Total Acreage of Site — -acres
Total Number of Lots -- 1
Residential — 7
Commercial — 0
Industrial — 0
Common —
Page 3 of27
K kPluving DepO oc Hpplicm iunaTrOindnwy 0"clopmern Phau4016VTR Lavd 3 sub Phan 3 pddec
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
ixe Use,
RUT (Ada County
Vacant parcel with o ()
Residential One,
Designation)
ponds (one (1) of which is
Floo way, and
an ACHDrai e facility
Scenic Corridor
for HCRILevel 3 Subdivision
Phase 1 and 2
Proposed
o Change
-- - (Residential
in le- ily, residential
maximumfour units/acre
planned unit development
with development
agreement and a planned
it development)
Northsite
High Density
MU -DA (Mixed Use with
Vacant parcel (Proposed
Residential
a development
Eaglefield Village )
agreement)
South of site
Residential Estates
RUT (Ada County
Boise River
and Flo way
Designation)
East of site
Mixed Use,
-4- A- (Residential
Sin le family residential
Residential One, and
maximumfour units/acre
subdivision (HCR/Level
Scenic Corridor
with a development
Subdivision Phase 2)
agreement and a planned
unit development)
West of siteMixed
Use,
RUT (Ada County
Single-family residence
Residential One,
Designation)
loo way, and
Scenic Corridor
i— ■F1'1111 1 211 �1111• 1 Ir M s r M'
Total Acreage of Site — -acres
Total Number of Lots -- 1
Residential — 7
Commercial — 0
Industrial — 0
Common —
Page 3 of27
K kPluving DepO oc Hpplicm iunaTrOindnwy 0"clopmern Phau4016VTR Lavd 3 sub Phan 3 pddec
----------
Additional Site Data
Proposed
Required
Dwelling Units Per Gross Acre
1.78 -dwelling units per acre
1.78 -dwelling units per
acre as limited within the
development agreement
Minimum Lot Size
8,354 -square feet
8,000 -square feet
Minimum Lot it
70 -feet
70 -feet
Minimum Street Frontage
70 -feet
35 -feet
Total Acreage of Common Area
1.67 -acres
.79 -acres
Open Space
Percent of Site as Common Area
42%
20%
Open Space
Except that, according to
ECC Section 9-3-8 (C) the
City may require
additional public /or
private park or open space
facilities in PUDs or in
subdivisions with 50 or
more lots.
GreenbeitIPathway Areas and Landscape Screening:
The preliminary plat, date stamped by the City on February 29, 2016, shows a 77 -foot wide
to provide for a landscaped buffer area as required pursuant to Eagle City Code Section 8-2A-
7(J)(4)(c). The preliminary plat also shows a 10 -foot wide existing greenbelt located in proximity
to the Boise River and a proposed 10 -foot wide regional pathway located adjacent to West State
Street (Hwy 44).
Open Space:
The proposed development includes 1.67 -acres (42%) of common area. The common areas consist
of three (3) common lots. Lot 5, Block 1, contains the required buffer area located adjacent to
West State Street (SH -44). Lot 6, Block 1, provides a small buffer area located adjacent to South
storm drain easement over the existing pond. This portion of the open space area may be unusable
by the residents of the subdivision following signcant storm events.
Storm Drainage and Flood Control:
Street drainage plans have been submitted by the applicant as required by the Subdivision
Ordinance. Specc drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. f are to show how swales, or
drain piping, will be developed in the drainage easements. Also, the CC&Rs 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.
Page 4 of 27
K V11anning DeptT-Aglc ApphunansTr6minvy DtMopment 1°I&W2016TCR lxvd 3 Sub Phne 3 pzfdac
Utility and Drainage Easements, and UndergroundUtilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water ins:
Hydrants are to be located and installed as required by the Eagle Fire District. The water mains
will be dedicated to the City of Eagle.
-site Septic System (yes or no) — Yes
There is a single -wide mobile home located on the property. The applicant will be required to
provide documentation from Central District Health Department approving the abandonment of
the septic system.
Pressurized Irrigation:
The development will have a pressurized irrigation system with water supplied by the Middleton
Mill Ditch Company. The applicant submitted a pressurized irrigation report that meets the
requirements of the City of Eagle Pressure Irrigation Standards (I).
Preservation of Existing Natural Features:
Eagle City Code Section 9-3- () states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the
subdivision.
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.
L. STREET E[
PublicPrivate or
typicalThe • on preliminary ! date 1 '::! 1the City• r
including rolled curbing throughout the subdivision. The right-of-way is also inclusive of seven
feet (7') of the required eight foot (8') wide planter strips located on each side of the proposed
street. The street section also shows a 15 -foot wide public utility, drainage, and irrigation easement
inclusive of a seven -foot (7') wide ACHD sidewalk easement located on each side of the street
located outside ! !
Sidewalks:Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500% None
Cul-de-sac Design: None proposed.
The preliminary plat, date stamped by the City on February 29, 2016, shows a detached five-foot
(5') wide concrete sidewalk abutting the planter strips located on both sides of the interior
roadway. proposed sidewalks located outside ofthe right-of-way.
Curbs#
Page 5 of 27
K.1P9•tsraia g DcpMoc Applic•tiouTrelimimry Development Plans\201HCR Level 3 Sub Phan 3 pd..doc
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street es:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways/Pathways:
The preliminary plat date bon February 29, 2016, shows a 10 -foot
existing greenbelt pathway traversing the southern portion of the site located adjacent to the Boi
River. The preliminary plat also shows a 10 -foot wide regional pathway located adjacent to W
State Street (Hwy 44).
Bike Paths:
Eagle City Code section 94-1-7 states that a bicycle pathway shall be provided in all subdivisio
as part of the public right-of-way or separate easement as may be specified by the City Council.
N. PUBLIC USES PROPOSED:
> ► ' i. None proposed.
0. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
P.
SPECIAL
` FEATURES:
Areas of Critical Environmental Concern yes located adjacent to the Boise River and will be
left undisturbed.
Evidence of Erosion — no
Fish Habitat — yes — Boise River
Floodplain — yes — Boise River
Mature Trees — yes — located in proximity to the northeast corner of the site and adjacent to the
Boise River
Riparian Vegetation — yes — located adjacent to the Boise River
Steep Slopes — no
Stream/Creek — yes — Boise River
Unique Animal Life — unknown
Unique Plant Life -- yes — riparian area located adjacent to the Boise River and existing ponds
Unstable Soils —unknown
Wildlife Habitat — yes — located adjacent to the Boise River
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED)-
Not
I E ):of required
R. AGENCY ONS:
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 March 16, 2016, are of special
concern (attached tote staff report).
Ada County Highway District
Central District Health Department
Eagle Fire Department
Page 6 of 27
K Manning DeptTAgla ApplicationsTreliminery De dopmcm Plana12616WCR Level 3 Sub Phase 3 pzf doc
M1 TrMV.7 I
Idaho Transportation Department
Tesoro Logistics NW Pipeline
1060-4749=40M
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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
C. That the development be designed, constructed, operated and maintained to be harmonious
#appropriateappearance or 1#characterof
! how such use will ! change the essentialcharacter of ., _
3. That the development will not be hazardous or disturbing to existing or future neighborhood
That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation1" detrimental ifanypersons,property or
policeby reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
ME
ffireprotection,drainagedisposal, #isewer, a#
schools,
r- development ill not additional # public ! for
public 1'
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain presmation, and/or other special features which would not typically be provided in
non -PUD proposal.
w
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
w' development f destruction, • or damage of or
historicof 1importance.
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, !' 1 ! 1various#uses, and interrelationshipwith the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
Page i of 27
K Tlarving Depe • ea Appficatiava %Prchrau C) In a F1sa%\20161Fi0k leve! 3 Sub Pbw 3 pzfdoc
Page 8 of 27
KTlnrWngDcpAEa& Applicatuon%\Prd'mnartPkrvdopmcn%PlmnsN.'006UiCR Rxyd 3 Sub Phw.3 p2fdac
is. ZONING ORDINANCEREGARDING
THIS PROPOSAL:
Zoning
Maximum
Interior
Street
District
Height
Front Rear Side
Side
4
35'
20' 25' 7.5'
20'
C. SUBDIVISION ORDINANCE PROVISIONS
REGARDINGPROPOSAL:
3. The following shall be submitted separately:
i. Streets, street names, rights of way and roadway widths, including adjoining streets or
roadways;
•!. • 0OW-2-mrTil 17 -TIM
TotalA. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot
• not be less than twelve feet (12% except that lesser easement
to coincide with respectivesetbacks,• ! d as partof the planned
development.
alongB. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement ! lot linesor •! '! by • Total•
including• beexcept
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unitdevelopment.
• Eagle City Code Section -3-: Water System:
The provision of a public water system shall conform to the following standards:
A. All subdivisions within the Eagle city water service areas all comply with title 6, chapter 5 o
this code.
• Eagle City Code Section -3-10: Fences:
1 .''! 1. i1 # • "'; •1' ! . A ! : '-" ! • • ots
* �, . • #"' R' ^.! . 11 ! '# a "� � - ! .,
Eagle City Code Section 94-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining the design
of pathways, the following minimum standards shall be followed:
Page 9 of 27
K [Planning DeptlEaglc ApplicalionsTrelimimry D velopment PlansI Levey 3 Sub Phase 3 pddac
Minimum
Lot Area
Maximum Lot
(Acres Or
Minimum
Covered F And
Square Feet)
Lot
*
*
Width I*
4%
8,000
1 7'
3. The following shall be submitted separately:
i. Streets, street names, rights of way and roadway widths, including adjoining streets or
roadways;
•!. • 0OW-2-mrTil 17 -TIM
TotalA. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot
• not be less than twelve feet (12% except that lesser easement
to coincide with respectivesetbacks,• ! d as partof the planned
development.
alongB. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement ! lot linesor •! '! by • Total•
including• beexcept
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unitdevelopment.
• Eagle City Code Section -3-: Water System:
The provision of a public water system shall conform to the following standards:
A. All subdivisions within the Eagle city water service areas all comply with title 6, chapter 5 o
this code.
• Eagle City Code Section -3-10: Fences:
1 .''! 1. i1 # • "'; •1' ! . A ! : '-" ! • • ots
* �, . • #"' R' ^.! . 11 ! '# a "� � - ! .,
Eagle City Code Section 94-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining the design
of pathways, the following minimum standards shall be followed:
Page 9 of 27
K [Planning DeptlEaglc ApplicalionsTrelimimry D velopment PlansI Levey 3 Sub Phase 3 pddac
I . The paved portion of the pathway may range from six feet (6) to ten feet (10) in width.
Micropathways within subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum eight feet is wide and shall be located within a
sixteen foot (16) wide pedestrian access easement, however, in an area where low volume
pedestrian traffic is anticipated, the council may consider a reduction in pathway width to
six feet (6). Regional pathways such as the Boise River greenbelt and pathways located
adjacent to major roadways shall be a minimum ten feet (10) wide and shall be located
within a twenty foot (20') wide pedestrian access easement.
Underground utilities are required.
D. FLOOD CONTROL ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
V,EG4R,D-F%4G TVIS P7,OPOS1111 ;
AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain subject to one percent (1%)
or greater chance of flooding in any given year. Designation on maps always includes the letters A
or V. Areas of special flood hazard shall include all areas previously identified within the areas of
special flood hazard (ASFH) that have been excluded from the ASFH by a letter of map revision
(LOMR-F).
FLOODWAY: The channel of a river or other watercourse and adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot (1).
MEAN HIGH WATER MARK: A water level corresponding to the natural or ordinary high water
mark and is the line which the water impresses on the soil by covering it for sufficient periods of
time to deprive the soil of its terrestrial vegetation and destroy its value for commonly accepted
agricultural purposes. The current mean high water mark is at a flow of six thousand five hundred
(6,500) cubic feet per second (cfs) along CI River. Tributary waters within the city of Eagle
will reference specc data establishing the water level. The mean high water mark is established
by the U.S. army corps of engineers.
NO ADVERSE IMPACT: Floodplain management where the action of one property owner does
not adversely impact public property or other private property, as measured by increased flood
peaks, flood stage, flood velocity, and erosion and sedimentation. No adverse impact floodplain
management is a policy which provides a means to promote the use of retention/detention or other
techniques to mitigate increased runoff from urban areas.
RIPARIAN ZONE: That area along the banks of any waterway twenty five feet (25') in width
measured landward from the mean high water mark.
B. Postconstruction Elevation Certificate: Prior to issuance of a certificate of occupancy, a
1stconstruction elevation certificate (FEMA form 81-3 1) referencing land and structures
included or removed from the area of special flood hazard is required. All lots and structures
removed from the area of special flood hazard by letter of map change require certification by
a registered professional engineer demonstrating that the lot or structure is "reasonably safe
from flooding", as defined in section 10-1-5 of this chapter. The elevation certificate must
verify the elevation of the lowest floor or lowest adjacent grade to be one foot (l') above base
flood elevation.
Page 10 of 27
K.Tlarffing DeplTmgle ApplicatiGnsTarliminM Deydopmenj Plansk2MVICK Level 3 Sub Phan 3 p9doc
/r innm���
B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrica*
and water systems located and constructed to minimize flood damage;
C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
damage; and
D. Base flood elevation data shall be provided for subdivision proposals and other proposed
development located within any area of special flood hazard. (Ord. 332, 2-23-1999; and. Ord.
700A, -1-11-2014)
E. All subdivision plats shall identify and designate the 100 -year floodplain boundary and the
floodway boundary including a certification by a registered surveyor that the boundaries were
established consistent with the FIRM map for the city of Eagle. All subdivision plats shall
contain a note or notes that warn prospective buyers of property that sheet flooding can and
will occur and that floods of greater magnitude may inundate areas outside identified floodway
and floodplain boundary lines.
F. All subdivision plats shall contain note(s) that refer to the required twenty five foot (25')
setback from all waterways, called the riparian zone, in which no improvement is permitted
and require that riparian vegetation shall be maintained in its natural state for the protection
and stabilization of the riverbank and that removal of trees or other vegetation is regulated.
VIP M -T -JM- 7"11 0
in section 10-1 -6 of this chapter, the provisions of this chapter shall be requiQ:
D. Floodways: Located within areas of special flood hazard established in section 10-1-6 of this
chapter, are areas designated as floodways. Since the floodway is an extremely hazardous area
due to the velocity of floodwaters which carry debris, potential projectile and erosion potential,
the following provisions apply: (Ord. 332, 2-23-1999, and Ord. 700A, 3-11-2014)
1. Encroachments, including fill, new construction, substantial improvements and other
development, are prohibited unless an approved floodplain development pen -nit is issued
demonstrating that encroachments shall not result in any adverse impacts during the
occurrence of the base flood.
2. Encroachments, including fill, new construction, substantial improvements and other
development are prohibited unless certification by a registered professional hydraulic
engineer is provided demonstrating that encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge; and uses within the
floodway shall be restricted to those which are required by public necessity (for example,
bridges; water pumps), recreational use (for example, paths), wildlife habitat
improvements (for example, vegetation; nesting structures; pooUriffle improvements), and
gravel extraction; provided that the use/encroachment meets the approval of the federal
emergency management agency and national flood insurance program and does not
jeopardize the city's participation in the national flood insurance program.
3. Subsection DI of this section shall comply with all applicable flood hazard reduction
provisions of this section 10- 1 -8.
5. All buildings shall be set back a minimum of one hundred feet (100') from the floodway
line. Except that when the area of special flood hazard boundary is one hundred feet (100')
or less from the floodway line, the boundary line shall be the setback line.
Page I I of 27
K Tlanning Dept E40c AppkationTwelinfirwy Development Pjanst2016\tJCR Level 3 Sub Men 3 pddoe
6. No development is permitted within the twenty five foot (25') setback from a"' waerwa
called the riparian zone and riparian vegetation shall be maintained in its natural state
the protection and stabilization of the riverbank, and removal of trees or other vegetation
regulated in accordance with this chapter.
7. For all subdivisions along the Boise River, prior written approval from Flood Contr
District 10 is required to protect access to the river for maintenance.
iCompensating!accordance1 plan for orderly !
certifiedof floodwater, or equivalent mitigating measures may be performed in the floodway wh
bya registered professional Mitigation design!"' provisio
to prevent relocation or diversion of flow paths from causing increased jeopardy to any o'
site property at any level of flooding from the ]-year flood up to the base floo
Maintenance provisions for excavated areas prone to fill from sediment and other debr
shall follow f ofsubsection! ofthis codeforprivate
9. In the design of public and private parks and open space areas, fixed structures
equipment that would impede floodwaters shall not be permitted within the floodway.
E. Riparian Located
this chapter, are areas designated as riparian areas. Since riparian areas provide critical flood
management and fish and wildlife habitat, the following provisions apply:
I . Preservation or restoration of the inherent natural characteristics of the river and creeks
within the floodplain;
council.2. Preservation of riparian vegetation and wildlife habitat, if any, along the stream bank and
within the required minimum twenty five foot (25') setback or riparian zone;
3. No development or other than development by the city of Eagle or required for emergency
access shall occur within the twenty five foot (25') riparian zone with the exception of
approved stream stabilization work. The Eagle city council may approve access to
property where no other primary access is available, Private pathways and staircases shall
not lead into or through the riparian zone unless deemed necessary by the Eagle city
4Plan i. time frame shall be provided ! ! '/ of 1.rian vegetation damaged A'.
result of A : done;
5. New or replacement planting and vegetation shall include plantings that are low growing
and have dense root systems for the purpose of stabilizing stream banks and repairing
damage previously done to riparian vegetation. Examples of such plantings include: red
osier dogwood,common!';. _ !_ elderberry, birch, bush
sumac, beb's willow, drummond's willow, little wild rose, gooseberry, and honeysuckle.
I=01PT91�F.'1F. �
The applicant has submitted an annexation, rezone, conditional use permit preliminary
development plan, and preliminary plat applications for a planned unit development. The applicant
is requesting a reduction of the rear and side setback requirements. The applicant submitted a
narrative, date stamped by the City on February 29, 2016, in which they requested reduced rear
and side yard setbacks from what is required pursuant to Eagle City Code Section 8-24 for the R-
4 (Residential) zoning district. The applicant is requesting the rear yard setback be reduced from
25 -feet to 20 -feet in width and the side yard setback be reduced from 7.5 -feet (single story)/12.5-
feet (second story) to 5 -feet (single story)/10-feet (second story). The applicant did not request a
reduced front yard setback or a reduced street side setback. The applicant requested setbacks are as
! •
Page 12 of 27
KWI Mng DvNTA& AppheatiansTreliminary Davolopmew PInW2016%#ICK d.evsd 3 Sub Phae 3 pOdae
Front 20 feet
Rear 20 feet
Interior Side 5 feet
Additional Setback for
Multi -story structures 5 feet per story
Street Side 20 feet
the preliminary plat� date stamped by the City on February 29, 2015, shows a Typical ACHD way. The front property line is located at the road right-of-way line. Based on the location of the
front property line in relation to the
be constructed within 13 -feet of the back of the sidewalk. If a front load garage was constructed
20 -feet from the front property line, large vehicles parked in the driveway outside of the garage
will overhang the sidewalk area. The front yard setback for front load garages located within the
subdivision should be a minimum of 25 -feet (measured from the property line) to prevent large
vehicles from blocking the sidewalk.
Also, the proposed lots are in conformance with the minimum lot size and minimum lot width for
the R-4 (Residential) zoning district. Therefore, the applicant should be required to comply with
the setbacks required pursuant to Eagle City Code Section 8-2-4 with an additional 5 -feet front
setback for front load garages. Staff recommends the following setbacks:
Front 20 feet/25 feet Garage (front -load)
Rear 25 feet
Interior Side 7.5feet
Additional Setback for
Multi -story structures 5 feet per story
Street Side 20 feet
plat identify front, rear, or side lot line easements. Pursuant to agle City Code Section 9-3-6,
unobstructed utility easements are required along front, rear, and side lot lines. In conjunction with
the utility easements drainageway easements are to be provided adjacent to the side lot lines. The
reduced setbacks, may be considered as part of a planned unit development. The typical ACHD
street section shown on the preliminary plat shows a 15 -foot wide public utty, drainage, and
gation easement located adjacent to the public streets. The applicant should provide a revised
preliminary plat with a new plat note that states, "All lots are hereby designated as having a
permanent easement for public utilities, drainage, and irrigation over the 15 -feet located adjacent
to any public street. This easement shall not preclude the construction of hard -surfaced driveways
and walkways to each lot." The revised preliminary plat should also contain a new plat note that
states, "Unless otherwise shown and dimensioned, all lots are hereby designated as having a
to any interior side lot line and over the 12 -feet located adjacent to any rear lot line or subdivision
boundary." The revised preliminary plat should be provided prior to submittal of a final plat
applicatiAn.
Page 13 of 27
K %Planniq DeptWaSk App1ic&6onaTW1ffdnwy Devetopmeni Plan1120161RCR Level 3 Sub Phan 3 pzfdoc
I I'L f'1�4I L
with the FIRM map for the city of Eagle. The code further states that all subdivision plats shall
contain a note or notes that warn prospective buyers of property that sheet flooding can and will
occur and that floods of greater magnitude may inundate areas outside identified floodway and
floodplain boundary lines. The applicant should provide a revised preliminary plat identifying the
The proposed development is located adjacent to the Boise River. The preliminary plat landscape
plan, date stamped by the City on February 29, 2016, indicates the existing riparian vegetation
located in proximity to the Boise River is to remain. Pursuant to Eagle City Code Section 10- 1 -5,
a riparian area is the area along the banks of any waterway 25 -feet in width measured landward
from the mean high water mark. Also, pursuant to Eagle City Code Section 10-1-8-5(F), all
subdivision plats should contain plat note(s) in regard to the riparian zone and what improvements
may be permitted. The applicant should provide a revised preliminary plat with a new plat note
that states, "There shall be a 25' wide riparian zone easement measured landward from the mean
high water mark landward in which no improvement is permitted and require that riparian
vegetation shall be maintained in its natural state for the protection and stabilization of the
riverbank and that removal of trees or other vegetation is regulated." The revised preliminary plat
should be provided prior to submittal of a final plat application.
The preliminary plat, date stamped by the City on February 29, 2016, delineates an overhead
power line located in proximity to the western property line and traveling approximately 600 -feet
into the site from the northern property line. Pursuant to Eagle City Code Section 9-4-1-8,
underground utilities are required. All overhead utties on the site should be removed and/or
placed underground prior to the City Clerk signing the final plat.
Based upon the information provided to date, staff recommends approval of the requested annexation,
rezone with development agreement, conditional use permit, preliminary development plan, an..?
preliminary plat for HCR/Level 3 Planned Unit Development — Phase 3 with conditions to be placei
within a development agreement and with subdivision site specific conditions of approval and standarIf
conditions of approval as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications were held before the Planning and Zoning Commission on May
16, 2016, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by three (3) individuals who voiced the following concerns:
The applicant should not be permitted to move forward with this phase of the development until
the improvements (landscaping, street lights, and swimming pool) are completed with Phase I and
Phase 2.
Page 16 of 27
K TWning DeptWegle ApplicationaTmliminary Drnhopment Plam"II lxvcl 3 Sub Phan 3 pddoc
• The applicant should be required to provide a timeline for the completion of the aforementioned
improvements prior to moving forward with the subject phase.
• The berm has not been completed within Phase 2 of the development.
• Based on the improvements not being completed within the HCRILevel 3 Subdivision Phase I and
Phase 2 this application should be denied.
D. Oral testimony neither in favor of nor in opposition to this proposal was presented to the Planning and
Zoning Commission by one (1) individual who voiced the following concerns:
• The developer has failed to complete the improvements within the first two (2) phases of
HCR/Level 3 Subdon.
• Who will maintain the ponds located within the subdivision?
• They want to ensure the current driveway easement provng access to the adjacent property is
maintained.
• There should be conditions placed on the development to ensure the improvements are completed
in a timely manner.
• The septic system located on the adjacent property is located in proximity to the proposed ponds.
gaff IT-479rorly",
• Although the subject development was proposed as HCR[Level 3 — Phase 3 it was not a part of the
original HCR/Level 3 planned unit development that contained Phase I and Phase 2, therefore, it is
separate planned unit development and cannot be held up due to the landscaping and streetlight
improvements that have not been completed in Phase I and Phase 2.
• The application cannot be remanded to staff based solely upon the incomplete improvements within
HCR/Level 3 Subdivision Phase I and Phase 2.
• Ile proposed development should have the same building setbacks that were approved for the original
HCR/Level 3 planned unit development.
• The reduction of the pond access easement (for pressurized irrigation maintenance) from 30 -feet to 12 -
feet in width is warranted.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Commission voted 4 to 0 (Koellisch absent) to approve A-02-16/RZ-02-16 for an annexation and
rezone from RUT (Rural -Urban Transition Ada County designation) to R -4 -DA -P (Residential with a
development agreement — PUD) for Home Capital Resources, LLC, with the following conditions to be
placed within a development agreement:
3.1 The maximum density for the Property shall be 1.78 -dwelling units per acre (7 single-family
residential lots),
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 pennits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
Page 17 of 27
K\Plamng Dept%agle Applicai on2\PrrJ6mknmyDcvdL!pment PlamW.,,�MFIICR Level 3 Sub Pham 3 pddac
crushed cinders, located adjacent to the Boise River prior the City Clerk signing the final plat. A
g-urety for the construction of the pathways will not be accepted, therefore the pathways shall be
completed prior to the City Clerk signing the final plat. The specific location and design of the
�athways shall be approved by the City of Eagle Park and Pathway Development Commission prim
io submittal of a design review application. The cinder material utilized for the greenbelt pathway
chall be reviewed and approved by the City of Eagle Parks and Recreation Director prior to
installation of the cinder material. The pathways shall be located in a recorded easement or
casements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E)
r2). The instrument number of the recorded easement or easements shall be referenced on the face of
U i116 11 111;
'LqL4J9J11L'J111M M732 =ev
COMMISSION DECISION REGARDING THE PLANNED UNIT DEVELOPMENT ANJ
PRELIMINARY PLAT:
The Commission voted 4 to 0 (Koellisch absent) to recommend approval of the HCRALevel 3 Planned U
Development — Phase 3 for Home Capital Resources, LLC, with the following staff recommended A
specific condition of approval and standard conditions of approval with underline text to be added by t
Commission and strike through text to be deleted by the Commission: I
SITE SPECIFIC CONDITIONS OF APPROVAL:
I . Comply with the all conditions within the development agreement for rezone application RZ-02-16.
2. Comply with all requirements • the City Engineer.
3. Comply will all conditions of the floodplain development permit FPDP-02-16.
4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewil-
this project, prior to the City Clerk signing the final plat ad/or upon receipt of an invoice by the City,
wVi6ever omurs fi-Rt.
f. Provide documentation from the Anny Corps of Engineers regarding the requirement of a 404-Permil
prior to submittal of a final plat application. Should a 404 -Permit be required, a copy of the final
approval from the Army Corps of Engineers shall be required prior to submittal of a final plal
application.
maz��
Front 20 feet/25 feet Garage (front -load)
Rear 25 feet
Interior Side -7.4 5 feet
Additional Setback for
Multi -story structures 5 feet per story
Street Side 20 feet
7. The developer shall provide shade -class trees (landscape plan to be reviewed and approved b t
Design Review Board) along both sides of all streets within this development. Trees shall be plaCZd
the front of each lot generally at each side property line, or as approved by the Design Review Bo
The trees shall be located withi an 8 -foot wide landscape strip between the 5 -foot wide concre
sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install t
required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of t
installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining
occupancy permits for the homes. A temporary occupancy may be issued if weather does not pe
landscaping. Partial reduction of the surety may be permitted for any portion of the development that
completed, including street trees that have been installed. On-going surety for street trees for
undeveloped portions of the development will be required through project completion. I
Page 19 of 27
K.%Plamung Dept\Ea81,,e Apocation0rdinflnM Development PlanAVIMCK Level 3 Sub Phut 3 pzrdoc
8. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unle'
otherwise determined by the Design Review Board. A detailed landscape plan showing how the tre -
will be integrated into the open space areas or private lots (unless approved for removal the Desi
Review Board) shall be provided for Design Review Board approval prior to the submittal of a fin
plat application. Construction fencing shall be installed (pursuant to the Design Review Board
direction) to protect all trees that are to be preserved, prior to the commencement of any constructi
on the site.
Page 20 of 27
20. Provide a revised preliminary plat identifying the locations of the 100 -year floodplain boundary and
the floodway boundary lines based on the Flood Insurance Rate Map (FIRM) in effect at the time. The
revised preliminary plat shall contain a new plat note that states, "Portions of this subdivision are
located within an Area of Special Flood Hazard (ASFH) as identified on the Flood Insurance Rate
Map (FIRM) Panel Number 16001 C0135H, (in effect at the time of final plat approval) and are subject
to the regulations of Eagle City Code Title 10 Flood Control. Sheet flooding can and will occur and
floods of greater magnitude may inundate areas outside identified floodplain and floodway boundary
lines. The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC
21. Provide a revised preliminary plat with a new plat note that states, "There shall be a 25' wide ripari
zone easement measured landward from the mean high water mark in which no improvement
permitted and riparian vegetation shall be maintained in its natural state for the protection a
stabilization of the riverbank and that removal of trees or other vegetation is regulated." The revis
preliminary plat shall be provided prior to submittal of a final plat application. (ECC 10-1 -8-5(F)
22. The applicant shall be required to obtain the proper permit and subsequently abandon the existi
septic system and drainfield located on-site. Upon removal, the applicant shall provide documentati
from Central District Health Department indicating the septic system and drainfield were proper
abandoned prior to the City Clerk signing the final plat. 11
23. Provide documentation from Central District Health Department indicating the individual wells
located on the site were properly abandoned. The documentation shall be provided prior to the City
Clerk signing the final plat.
24. The HCR/Level 3 Subdivision Phase 3 shall remain under the control of one Homeowners
Association.
25. The applicant shall place a note on the final plat that the pressurized irrigation system and all common
lots are to be owned and maintained by the Homeowner's Association.
26. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain
the pressurized irrigation system and all common landscape areas in the subdivision are maintained in
a competent and attractive manner, including the watering, mowing, fertzing and caring for shrubs
and trees in perpetuity.
27. All plat notes that are required on the preliminary plat shall be transferred to final plat prior to
submittal of a final plat application.
28. A minimum 12 -foot wide Retimeter easement (measured from the top of bank) shall be provided
around the pond associated with the Rressurized irrigation system.
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:
I 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.
Page 21 of 27
KT0aardngDcpAEas1c Applicsoian$TrcliminuyDayalopnwni FWAZHOSICK Lml 3 Sub P a pxfdoc
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 th-;
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.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant.
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
Afficials:
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 1,5 00 gallons per minute (i.e.; Commercial, Industrial, Schools,
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
Aructures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
I o the City Engineer signing the final plat.
17. Should the homeownees 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.
Page 23 of 27
K Tianning OcpksEsglc ApplicaliansTm1uninwry Dcw1opmmq PlamMIAHCP 1xvt1 3 Sub Phm 3 pzf doe
Page 24 of 27
K TI °n5 DcptlEnoc AppfiofionsTmlindnwy Developmem Plan1120161RCK Leyd 3 Sub Phase I pd dac
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
7 City Clerk.
actions32. The City's on 11', • does not/• it r• r of or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any ! all •
application.
Zoning33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Administrator prior r of plat. plans shall show1
"Darkstreetlights will facilitate the • • of +
shall34. 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 ' besubmitted prior 1the issuanceofanybuilding 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 1 to the Idaho Right toFarm..
P applicant ll '..ll at the entrance
' :: - !the subdivisionc. plywood • ! other hard
fi.
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.
Commission reviewl'L the particular facts andcircumstancesof proposed rezone upor,
annexation with a development agreement (A-02-16/RZ-02-16) with regard to Eagle City Codx
Section 8-7-5 1theCommission and Council", and based upon the infori-nation provided,
concludes that the proposed applications are in accordance with the City of Eagle Comprehensive Plar
and established goals and objectives because:
a. The requested zoning designation of R4 -DA -P (Residential with a development agreement —
PUD) complies with the Mixed Use and Residential One designations as shown on the
Comprehensive I7Use Map since the applicant
notproposing 1 per
acre and the proposed density is within the densities allowed with the two designations;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that adequate public facilities exist, or are required to be provided, to serve a
dwelling residential1r' • on this property !c proposed zone;
c. The proposed '.., , * (Residential
:..i' .'l.with adevelopment • D. zoning district
compatible ! ! Use with a development agreement) z• • land use to the
north since this area is designated High Density Residential in the Comprehensive Plan and has
,received preliminary plat approval
density /
d proposed ...4 t (Residential
1.with;: development PUD)zoningdistrict
compatible RUT 1Transitional
the south since this area is designated as Floodway in the Comprehensive Plan and no
development will be permitted in this area;
e. The proposed R4 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the R4 -DA -P (Residential with a development agreement — PUD) zone and land
use to the east since this area was developed with a subdivision with lots of similar size;
f. The proposed R4 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the RUT (Rum] -Urban Transitional isAda County designation) zone and land use to
the west since this area is designated Mixed Use and Residential One and may be developed in the
same manner as the proposed de_r1 ,,.
Page 25 of 27
K'TIMO B Gep11£7gle Applicatioffl PJ el,Wuq Dl depmeet PIAM12M3tii6}i R Levd 3 Sub Pbae 3 pff doc
land proposed • rezone is located within a "Hazard Area!' and "Special Area" as described
within the Comprehensive Plan. The applicant has submitted the required documentation and
applications to address the city's concerns regarding development in those areas;
h. No non -conforming uses are expected to be created with this rezone.
r-ItIPW-111i WWI 1041 If 1 -4 1 1 1
1410I4ME-1114 1 ETIM ITIM MIATI-f-U-TIJ fq, 0 U11 I I
The intent of the HCR/Level 3 PUD is to provide a development with quality housing and
amenities that take advantage of the Boise River as a natural resource. The increase to the
community tax base as a result of the project will assure there is no detrimental impact to the
economic welfare of the community,
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 • the same area.
The HCRILevel 3 Subdivision is designed to not exceed the total allowed density of the area and
provide lots of comparable size to the surrounding developments. The proposed development
provides a variety of lot sizes and housing types to blend in with the adjacent development and
future development.
[ITIMMOTO M -
The development will have access to State Highway 44. The site will be served by central water
and sewer.
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
No major impacts are expected as this development should only develop normal traffic pattema
that would be related to a residential subdivision development. The proposed dwelling units on
the site will be compatible with existing or proposed residential uses in the area.
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, arU
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 publb�
facilities and services.
installation and before acceptance by the sewer, water or highway district.
g. That the development is provided with parks, ponds, open areas, areas •. special interest�
floodplain preservation, and/or other special features which would not typically be provided in a
non -PUD proposal.
Page 26 of 27
The development plan was designed with consideration given to usable open space, ponds,
pedestrian pathways and other special features commensurate with its location and appropriately
responding to the irregular shape of the original parcel.
h. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
The development will gain access to State Highway 44 from an existing street (South River Creek
Avenue) located adjacent to the development.
That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
j. That the proposed development will be harmonious with and in accordance with the gener
objectives or with any specific objective of the Comprehensive Plan.
The proposed development is in accordance with the Comprehensive Plan since the plan call
Mixed Use on the northern portion of the property and Residential One on the southern portion
the property. The proposed development contains a mix of lot sizes and is below the density that
allowed for the site. I
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.
as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet
the conditions herein. In addition, the developer will be required to submit an application for
design review and comply with all Eagle City Codes and conditions of approval of the design
review.
1. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Y
ORPO %0
Trent lejight, Chairman C'
rn
M
4T
ATTEST: 0%
•
•
ID 0%%
ASharo Bergma� Z4i6Wr-���
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request z
�egulatory taking analysis.
Page 27 of 27