Findings - CC - 2018 - A-05-17/RZ-09-17/CU-14-17/PPUD-08-17/PP-09-17 - Annexation, Rezone With Da, Cup, Pdp, PpBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
AN ANNEXATION, REZONE WITH DEVELOPMENT
AGREEMENT, CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN, AND
PRELIMINARY PLAT FOR CREIGHTON WOODS
SUBDIVISION FOR CREIGHTON WOODS
DEVELOPMENT, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-05-17/RZ-09-17/CU-14-17/PPUD-08-17/PP-09-17
The above -entitled annexation, rezone with development agreement, conditional use permit, preliminary
development plan, and preliminary plat applications came before the Eagle City Council for their action on
April 24, 2018, at which time public testimony was taken and the public hearing was closed. The Eagle
City Council, having heard and taken oral and written testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Creighton Woods Development, Inc., represented by Tamara Thompson with The Land Group,
Inc., is requesting an annexation, rezone from RUT (Residential -Urban Transition — Ada County
designation), R -E (Residential -Estates), and R-1 (Residential) to R -2 -DA -P (Residential with a
development agreement — PUD), conditional use permit, preliminary development plan and
preliminary plat approvals for Creighton Woods Subdivision, a 64 -lot (58 residential, 6 common)
residential planned unit development. The 50.92 -acre site, consisting of four (4) parcels, is located
south of the South Channel of the Boise River between the terminus of West Oakhampton Drive
on the east and the terminus of East Clear Creek Drive on the west.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site from 5:30-6:30 PM, on Tuesday, September 27, 2017,
in compliance with the application submittal requirement of Eagle City Code. The applications for
this item were received by the City of Eagle on December 21, 2017. A revised preliminary
plat/PUD preliminary development plan and preliminary plat landscape plan were received by the
City on January 26, 2018.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on February 17, 2018. 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 February 14, 2018. Requests for
agencies' reviews were transmitted on December 27, 2017, in accordance with the requirements of
the Eagle City Code. The site was posted in accordance with the Eagle City Code on February 16,
2018.
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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
March 27, 2018. 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 March 23, 2018. The site was posted in
accordance with the Eagle City Code on March 26, 2018.
D. HISTORY OF PREVIOUS ACTIONS: (Based on numbered areas identified on the vicinity map)
Areas #1 and 2:
On July 13, 1993, the City Council approved an annexation, rezone, and preliminary and final plat
for Creighton Heights Subdivision for Mark and Carlene Canfield. (A-93/RZ-93/PP-93/FP-93)
On February 10, 2015, the City Council approved an annexation and rezone for Shane and Sharon
Mace. (A-04-14/RZ-04-14)
On August 28, 2017, the Zoning Administrator approved a lot line adjustment for Mark Canfield
and Shane and Sharon Mace (original property line located between 1960 West Joplin Lane [Mace
property] and 2050 West Joplin Lane [Canfield property]). (LLA -11-17)
Area #3
No known history of previous actions. Area #4
On May 9, 2000, the City Council approved an annexation, rezone, and preliminary plat for
Wedgewood Subdivision for Creighton — Westbend, LC. (A-02-00/RZ-01-00/PP-02-00)
On September 12, 2000, the City Council approved the subdivision landscaping and entry signs
for Wedgewood Subdivision for Creighton-Westbend, LC. (DR -40-00)
On April 10, 2001, the City Council approved the final plat for Carlene Estates Subdivision
(formerly known as Wedgewood Subdivision) for Wedgewood, LC. (FP -05-01)
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
COMP PLAN
DESIGNATION
Neighborhood
Residential and
Large Lot Residential
No Change
North of site Neighborhood
Residential and
Floodway
South of site Neighborhood
Residential and
Estate Residential
East of site Neighborhood
Residential
West of site Estate Residential
ZONING
DESIGNATION
RUT (Rural -Urban
Transition — Ada County
designation), R -E
(Residential -Estates), and
R-1 (Residential)
R -2 -DA -P (Residential
with development
agreement — PUD)
A (Agricutural), R -E -DA
(Residential -Estates with
a development
agreement), and R -3 -DA-
P (Residential with a
development agreement --
PUD)
R -E (Residential -Estates)
and R-1 (Residential)
R -E (Residential -Estates),
R -3 -DA -P (Residential
with a development
agreement — PUD), and
R -2-P (Residential —
PUD)
RUT (Rural -Urban
Transition — Ada County
designation) and R -E
(Residential -Estates)
LAND USE
Single-family residence,
accessory structure, and
agriculture
Single-family residential
subdivision
Boise River, single-family
residence, and Banbury
Meadows Subdivision No. 8
Creighton Heights and
Carlene Estates Subdivisions
Banbury Golf Course,
single-family residence, and
Banbury Meadows
Subdivision No. 8
Clearvue Estates
Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site — 50.92 -acres
Total Number of Lots — 64
Total Number of Units -
Residential — 58
Commercial — 0
Industrial — 0
Common — 6
Single-family — 58
Duplex — 0
Multi -family — 0
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Total Acreage of Any Out -Parcels — 0
Additional Site Data
Dwelling Units Per Gross Acre
Proposed
1.14 -dwelling units per acre
Minimum Lot Size 17,098 -square feet
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
Open Space
114 -feet
67 -feet
18.51 -acres
Percent of Site as Common Area 36.3%
Open Space
I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas:
Required
1.14 -dwelling units per
acre (as limited within the
development agreement)
17,000 -square feet
(minimum)
75 -feet
35 -feet
10.18 -acres
20%
Except that, according to
ECC Section 9-3-8 (C) the
City may require
additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 50 or
more lots.
The preliminary plat, date stamped by the City on January 26, 2018, shows a common lot located
adjacent to the Boise River, however, it does not identify a pathway located adjacent to the river
with the exception of the northwest corner of the property.
Open Space:
The preliminary plat, date stamped by the City on January 26, 2018, identifies 17.27 -acres of open
space (inclusive of planter strips) is provided within the development. The open space consists of
six (6) common lots which are inclusive of a pond, stream, and pathways.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
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Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) — Yes
Preservation of Existing Natural Features:
The site contains mature trees located in proximity to the existing residence, Kidd Creek, and the
Boise River. Eagle City Code Section 9-3-8 (B) 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. The riparian area located adjacent to the Boise River will be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
J. STREET DESIGN:
Public Streets:
The preliminary plat, date stamped by the city on January 26, 2018, shows a typical local street
section with a 60 -foot right-of-way inclusive of a 32 -foot wide roadway section (as measured from
back of curb to back of curb) with two -foot wide rolled curbing, eighth -foot wide landscaping
strips and five-foot wide separated sidewalks located on each side of the street. The street section
also shows one -foot of area located within the right-of-way between the back of sidewalk and the
property line.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
One (1) cul-de-sac is proposed (West River Shade Court): 145 -feet in length, 50 -foot radius
Sidewalks:
Detached five-foot (5') wide sidewalks abutting the planter strips located on both sides of all
interior roadways are proposed to be located within the right-of-way.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior streets.
Lighting:
The proposed street light locations shown the preliminary plat and PUD preliminary development
plan are acceptable. The location and lighting specifications incorporating a "Dark Sky" style of
lighting shall be provided to the City Zoning Administrator with the submittal of final
development plan/final plat applications. Any modifications made to the lighting shall be
completed before the final development plan/final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
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K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right-of-way or separate easement, as may be specified by the City Council.
L. PUBLIC USES PROPOSED: None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is located within the Suez Water Company's certificated water service area. The
property is located within the boundaries of the Eagle Sewer District.
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - Yes - Located adjacent to the Boise River and Kidd
Creek (areas to be undisturbed).
Evidence of Erosion - no
Fish Habitat - yes - Boise River and Kidd Creek
Floodplain - yes - Located at the northwest corner of the project.
Mature Trees - yes - Located in proximity to the existing residence, Boise River, and Kidd Creek.
Riparian Vegetation - yes - located in proximity to the Boise River
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated February 7, 2018, are of special
concern (attached to the staff report).
City Parks and Recreation Director: All comments within the Parks and Recreation Director's
email dated January 3, 2018, are of special concern (attached to the staff report).
Ada County Highway District
Andeavor
Idaho Department of Lands
Central District Health
Department of Environmental Quality
Eagle Fire Department
Republic Services
Sawtooth Law Offices (on behalf of Drainage District No. 2)
Water District No. 63
West Ada School District
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R. LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from David W. Turnbull, date stamped by the City on February 27,
2018.
S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant's narrative, date stamped by the city on December 21, 2017, indicates the project
may be developed in two (2) phases.
T. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non -PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
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14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
6.7 Land Use Designations
The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the
following:
Large Lot Residential
Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1 unit
per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities higher
than 1 unit per 2 acres. Open space and parks in this area will be generally limited. Land uses in this
category will tend to appear as suburban large lot and generally less agrarian than the Estate
Residential and Agricultural/Rural designations.
Neighborhood Residential
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency
Management Administration Flood Insurance Rate Maps (FIRM) along the Boise River and Dry Creek
(generally shown as floodway on the Land Use Map). These areas are to remain open space because
of the nature of the floodway which can pose significant hazards during a flood event. Floodway areas
are excluded from being used for calculating residential and development densities. Any portion of the
floodway developed as a substantially improved wildlife habitat and/or wetlands area that is open to
and usable by the public for open space, such as pathways, ball fields, parks, or similar amenities, as
may be credited toward the minimum open space required for a development, if approved by the City
Council.
When discrepancies exist between the floodway boundary shown on the Land Use Map and the
floodway boundary shown on the FIRM maps so that the floodway area is smaller than that shown on
the Land Use Map, the adjacent land use designation shown shall be considered to abut the actual
floodway boundary.
9.5 Pathways and Greenbelts
Pathways are non motorized multi -use paths that are separate features from bicycle and pedestrian
lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e. the Boise River and
Dry Creek) and are designed to prevent undesirable encroachment. Greenbelts may include pathways
and/or bike lanes.
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9.5.2 Objectives
A. To create a pathway system that reflects desire to have a pedestrian and bicycle friendly community.
9.5.3 Implementation Strategies
F. Prioritize greenbelt and pathway development: 1) greenbelt/pathway system along the Boise River;
2) greenbelt/pathway system along the Dry Creek; 3) corridor preservation along future planned
pathways and irrigation features; and 4) road crossings.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre. Multi-
family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning
districts, unless approved as part of a planned unit development (PUD). Centralized water and
sewer facilities are required for all subdivision and lot split applications submitted after the
effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R -E). Whenever
there is a conflict or difference between the provisions of this section and those of other chapters
and/or other titles, the chapter or title with the more restrictive provision shall prevail.
P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation noted
on the official zoning map of the city (i.e., R -4-P), indicates that the development was approved by
the city as a planned unit development. Density transfers may have been permitted as a part of the
overall development.
DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted
on the official zoning map of the city (i.e., C -2 -DA), indicates that the zoning was approved by the
city with a development agreement. Specific provisions, as may have been incorporated within the
development agreement, are applicable to development within this zoning designation.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks
Note Conditions A To E*
Minimum
Maximum Lot Area
Zoning Lot (Acres Or Minimum
District Maximum Front Rear Interior Street Covered F Square Lot
Height Side Side And J* Feet) H* Width I*
R-2 35' 30' 30' 10' 20' 40% 17,000 75'
B. Additional 5 feet per story side setback is required for multi -story structures. Height not to
exceed maximum allowed within the zone.
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
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C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot
lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement
widths, to coincide with respective setbacks, may be considered as part of the planned unit
development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement
along side lot lines or as required by the city council. Total easement width, including the
utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to
coincide with respective setbacks, may be considered as part of the planned unit development.
• Eagle City Code Section: 9-3-8: Public Sites and Open Spaces:
D. Common Area Open Space
4. Ownership And Management Of Open Space:
a. Ownership Of Open Space: The applicant must identify the owner of the open space
who is responsible for maintaining the open space and facilities located thereon. If a
homeowners' association is the owner, membership in the association shall be
mandatory and automatic for all homeowners of the subdivision and their successors.
If a homeowners' association is the owner, the homeowners' association shall have lien
authority to ensure the collection of dues from all members. The responsibility for
maintaining the open space and any facilities located thereon shall be borne by the
owner.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in subsection 8 -2A -7J of this code. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted within the above designated areas. A section within the
subdivision CC&Rs shall be created for the regulation of fences to this effect.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum eight feet (8') wide and shall be located within a
sixteen foot (16') wide pedestrian access easement, however, in an area where low volume
pedestrian traffic is anticipated, the council may consider a reduction in pathway width to
six feet (6'). Regional pathways such as the Boise River greenbelt and pathways located
adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located
within a twenty foot (20') wide pedestrian access easement.
3. A five foot (5') wide landscaped area/building and fence setback, as measured from both
edges of the paved path, shall be required, and will be owned by either the abutting
property owner(s) or a homeowners' association unless accepted by a public entity. The
five foot (5') wide landscaped area on either side of the pathway may be decreased to a
minimum of two feet (2') wide (as measured from the edge of asphalt to the easement line)
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when used in conjunction with a meandering pathway, however, the total width of the
landscape area shall not be less than ten feet (10') (i.e., 2 feet on one side of the path and 8
feet on the other). For safety purposes, planting material in this area is limited to three feet
(3') in height. The landscape, fence and building regulations for this area shall be indicated
by a note on the plat.
• Eagle City Code Section 9-4-1-9: Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
1. All residential dwelling units shall be provided with a pressurized irrigation system to be
served with irrigation water unless a waiver, as outlined herein, is approved by the city
council.
The city has adopted supplemental standards and regulations (titled "Pressure Irrigation
Standards", incorporated herein by reference and available at Eagle city hall) pertaining to
the design, construction and maintenance of pressurized irrigation systems. Plans and
documents reflecting the required standards and regulations shall be submitted with the
application for a preliminary plat.
The following design requirements and the requirements provided within the supplemental
"Pressure Irrigation Standards" shall apply to the pressurized irrigation system. These
standards shall supplement all other regulations, and where at variance with other laws,
regulations, ordinances or resolutions, the more restrictive requirements shall apply. The
council may determine that revisions to the supplemental standards are warranted and
make such revisions by act of a resolution.
• Eagle City Code Section 9-8-4-2: Site Development Plan:
The developer shall provide a colored rendering to adequate scale to show the completed
development that will include at least the following:
A. Architectural style and building design;
D. DISCUSSION (based on the preliminary plat and PUD preliminary development plan, date stamped
by the city on January 26, 2018 and the preliminary plat — existing conditions plan, date stamped by
the city on December 21, 2017):
• The preliminary plat — existing conditions plan delineates two (2) existing structures located within
the southeast area of the site. The preliminary plat and PUD preliminary development plan also
shows that the structures will be located across property lines and within the right-of-way. Based
on the location of the existing structures, the applicant should be required to obtain a demolition
permit from the Eagle Building Department to remove the existing structures. The structures
should be removed prior to the City Clerk signing the final plat.
• The existing dwelling is served by an individual potable well and septic system. The preliminary
plat — existing conditions plan does not identify the location of the individual well or septic system
of the existing dwelling. The applicant should be required to provide documentation from the
subdivision contractor indicating the potable well and septic system previously located on the site
were properly abandoned. The documentation should be provided prior to the City Clerk signing
the final plat.
• Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes shall conform
with the closest compatible base zone identified in Eagle City Code Section 8-2-4. The proposed
setbacks identified on the preliminary plat and PUD preliminary development plan are as follows:
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R -2 -DA -P Zone
Front
Rear
Interior Side
Street Side
20 -feet
25 -feet
7.5 -feet
15 -feet
Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the R-2
(Residential) zoning designations:
R-2 Zone
Front
Rear
Interior Side
Street Side
Maximum Lot Coverage
30 -feet
30 -feet
10 -feet (first story) 5 -feet (each additional story)
20 -feet
40%
* A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5 -foot
reduction in the minimum required front yard setback provided that the distance in no less than 20 -
feet within the R-2 zoning district.
*Note: All front load garages shall be setback a minimum of 25 -feet from the back of sidewalk.
The smallest proposed lot within the development is 17,098 -square feet in size with a minimum
depth of 145 -feet. The applicant should be required to comply with the standard front and rear
setback of 30 -feet for the R-2 (Residential) zoning district.
The preliminary plat and PUD preliminary development plan shows a typical street section for the
interior streets with the 8 -foot wide planter strip and the 5 -foot wide detached sidewalk plus 1 -foot
of area located behind the sidewalk located within the right-of-way. Based upon a 20 -foot front
setback (measured from the property line), if the garage were located 20 -feet from the property line
the maximum length of the driveway from the back of sidewalk would be 21 -feet. Pursuant to
Eagle City Code Section 8-2-4 (G), all front load garages shall be setback a minimum of twenty-
five feet (25') from the back of sidewalk. Based on Eagle City Code the front setback for a front -
load garage should be a minimum of 25 -feet to provide additional space for vehicles to park in
front of the garage.
Based on the width of the proposed Tots staff recommends the side yard setback should remain at
10 -feet with an additional 5-feet/story.
In regard to the street side setback of 15 -feet, there are no common lots located between the street
and the buildable lots. In the event a home was constructed on a corner lot where the front door
gained access from street it was facing (front setback) and the garage access was provided from the
other street (street side setback), based on the proposed street side setback of 15 -feet, there would
not be sufficient room to park a vehicle in front of the garage without overhanging the sidewalk.
It is staff's opinion that based on the size of the lots the following setbacks (measured from the
property line) and maximum lot coverage for this development should be required:
R -2 -DA -P Zone
Front
Rear
Interior Side
Street Side
Street Side (with front load garage facing street) 25 -feet
Maximum Lot Coverage 40%
30 -feet
30 -feet
10 -feet (first story) 5 -feet (each additional story)
20 -feet
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* A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5 -foot
reduction in the minimum required front yard setback provided that the distance in no less than 20 -
feet within the R-2 zoning district.
• Plat note #2 of the preliminary plat and PUD preliminary development plan states, "The interior
side yard lot line shall have a five-foot (5') wide permanent public utilities, property drainage and
pressurized irrigation easement unless dimensioned otherwise. Said drainage and irrigation
easements are reserved for homeowner's association or assigns."
Pursuant to Eagle City Code Section 9-3-6, unobstructed utility and drainage easements are
required to be provided along side lot lines with a total easement width of not less than 12 -feet,
except that lesser easement widths, to coincide with respective setbacks, may be considered as part
of a planned unit development. In this case the side setbacks are proposed at 7.5 -feet, therefore, a
reduction of the easement is not required. The applicant should be required to provide a revised
preliminary plat and PUD preliminary development plan with plat note #2 revised to state, "The
interior side yard lot line shall have a six-foot (6') wide permanent public utilities, property
drainage and pressurized irrigation easement unless dimensioned otherwise. Said drainage and
irrigation easements are reserved for homeowner's association or assigns." The revised preliminary
plat and PUD preliminary development plan should be provided prior to submittal of a final
development plan/final plat applications.
• Plat note #4 of the preliminary plat and PUD preliminary development plan states, "The following
lots are designated as common/landscape area lots and will be owned by the homeowners
association and/or assigns. These lots shall have a blanket public utilities, drainage, and irrigation
easement over the entirety of the lot."
4.1 Lot 1, Block 1
4.2 Lot 7, Block 1
4.3 Lot 22, Block 1
4.4 Lot 1, Block 2
4.5 Lot 17, Block 2
4.6 Lot 6, Block 3
The plat note does not identify who is responsible for the maintenance of the common/landscape
lots. Also, Lot 22, Block 1, is a buildable lot located at the southwest corner of South Trout Stone
Way and West Brook Swift Drive. The plat note should have referenced Lot 23, Block 1, as a
common/landscape lot. The applicant should be required to provide a revised preliminary plat and
PUD preliminary development plan with plat note #4 revised to state, "The following lots are
designated as common/landscape area lots and will be owned and maintained by the homeowner's
association and/or assigns. These lots shall have a blanket public utilities, drainage, and irrigation
easement over the entirety of the lot."
4.1
4.2
4.3
4.4
4.5
4.6
Lot 1, Block 1
Lot 7, Block 1
Lot 23, Block 1
Lot 1, Block 2
Lot 17, Block 2
Lot 6, Block 3
The revised preliminary plat and PUD preliminary development plan should be submitted prior to
submittal of the final development plan/final plat applications.
• Plat note #7 of the preliminary plat and PUD preliminary development plan references the pressure
irrigation system and the pond located within Lot 6, Block 3, which will be utilized to supply the
pressurized irrigation system. The last sentence of plat note #7 of the preliminary plat and PUD
preliminary development plan, states, "This pond is designated to have a 12 -ft maintenance
easement measured from the top bank of the pond in favor of the homeowner's association."
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The map portion of the preliminary plat and PUD preliminary development plan does not show a
12 -foot wide easement located between the top bank of the pond the rear property line of the
adjacent buildable lots. There is a possibility that the property owners living adjacent to the
common lot containing the pond may construct fences on their property lines. If that were the case
it may impede the homeowner's association gaining access to maintain the pond. The applicant
should provide a revised preliminary plat and PUD preliminary development plan showing a 12 -
foot wide pond maintenance easement located between the top bank of the pond located within Lot
6, Block 3, and the property line. The revised preliminary plan and PUD preliminary development
plan should be provided prior to submittal of the final development plan/final plat applications.
• Plat note #12 of the preliminary plat and PUD preliminary development plan states, "All
development within the subdivision shall be consistent with the conditions of development of the
development agreement associated with and subsequent modifications."
The plat note does not identify the rezone application number associated with the development
agreement. The applicant should be required to provide a revised preliminary plat with plat note #6
revised to state, "All development within the subdivision shall be consistent with the conditions of
development of the development agreement associated with RZ-09-17 and subsequent
modifications." The revised preliminary plat and PUD preliminary development plan should be
provided prior to submittal of the final development plan/final plat applications.
• The preliminary plat and PUD preliminary development plan identifies Lot 7, Block 1, as a
common/landscape area lot. Within the map portion of the preliminary plat and PUD preliminary
development plan Lot 7, Block 1, contains a note that states, "30' common area and access
easement to the adjacent property."
The applicant should be required to record an access easement agreement associated with Lot 7,
Block 1, for access to the adjacent property located south of the proposed subdivision. The
instrument number of the recorded access easement agreement should be referenced on the final
plat. The access easement agreement should be submitted with the final plat application to be
reviewed and approved by staff prior to recordation of the access easement agreement and the final
plat.
• The preliminary plat and PUD preliminary development plan delineates five foot (5') wide
pathways located at the northwest, west, and southwest areas of the project. The applicant's
representative provided an email, dated February 7, 2018, which indicated the five foot (5') wide
internal pathways would be natural surface. Pursuant to Eagle City Code Section 9-4-1-6(D)(1),
micropathways within subdivisions are required to be paved a minimum of eight feet (8') in width
and located within a sixteen foot (16') wide pedestrian easement. However, in an area where low
volume pedestrian traffic is anticipated, the Council may consider a reduction in the paved
pathway width to six feet (6'). The proposed subdivision will consist of 58-buidlable lots with an
overall density of 1.14/dwelling units per acre. Based on the number of lots and proposed density a
reduction of the required pathway width to six feet (6') may be considered. If the Council
determines the proposed number of lots and density will have a low volume of pedestrian traffic
then the applicant should provide a revised preliminary plat and PUD preliminary development
plan showing the internal pathway to be paved and a minimum width of six feet (6'). If the
Council determines the proposed number of lots and density will have a high volume of pedestrian
traffic then the applicant should provide a revised preliminary plat and PUD preliminary
development plan showing the internal pathway to be paved and a minimum width of eight feet
(8'). The revised preliminary plat and PUD preliminary development plan should be provided
prior to submittal of a design review application.
• The preliminary plat and PUD preliminary development plan identifies an existing greenbelt
easement (per instrument No. 9156235) is located adjacent to the Boise River. The preliminary
plat and PUD preliminary development plan does not delineate a pathway located adjacent to the
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Boise River, however, there is an existing 25 -foot wide greenbelt easement. The Parks and
Recreation Department provided an email dated January 3, 2018, recommending the applicant be
required to construct a natural surface greenbelt trail within the greenbelt easement area. Pursuant
to Eagle City Code Section 9-4-1-6(D)(1), regional pathways located adjacent to the Boise River
should be a minimum of 10 -feet in width and located within a 25 -foot wide pedestrian access
easement. On February 15, 2018, the Parks and Pathway Development Commission recommended
the applicant be required to provide a 6 -foot wide natural pathway located within the existing 25 -
foot wide greenbelt easement area (Lot 17, Block 2). The applicant should be required to provide a
revised preliminary plat and PUD preliminary development plan showing a 6 -foot wide natural
pathway located within the existing 25 -foot wide greenbelt easement area (Lot 17, Block 2). The
revised preliminary plat and PUD preliminary development plan should be provided prior to
submittal of a design review application.
• The Parks and Pathways Development Commission reviewed the proposed pathways within the
development during the Commission's February 15, 2018, meeting. The Commission's
recommendations are included as conditions of development herein.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested annexation,
rezone with development agreement, conditional use permit, preliminary development plan, and
preliminary plat for Creighton Woods Subdivision with 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 March
5, 2018, 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 one
(1) individual (other than the applicant/representative) who indicated he would prefer to see the land
remain undeveloped, however, he appreciates the planning and density of the proposed subdivision
and is supportive of the application being approved.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by four (4) individuals who indicated the following:
• The streets in the area were not designed to handle the additional traffic.
• The additional vehicle trips will add to the vehicle speeding problem within the immediate area.
• East Clear Creek Drive located west of the development is not designed to handle the additional
traffic from the proposed subdivision.
• The county has not addressed the increased traffic caused by growth in the area, therefore, it
doesn't make sense to approve the development.
• In the event the subdivision is approved and constructed, it will provide a street network that will
allow traffic to travel from Eagle Road to Linder Road without having to access Chinden
Boulevard. The proposed new route will save travel time due to not being impacted by traffic
signals.
• Based on the traffic impacts created by the connection of the street network the subdivision should
be denied unless the west access street is gated for emergency access only.
• Residents located west of the development will utilize the new street to access Locust Grove Road.
• An additional bridge needs to be constructed across the Boise River to reduce the vehicle trips
within the area.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by five (5) individuals who indicated the following:
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• The development is well designed and has a low density; however, they have a concern with
additional traffic and lack of sidewalks in the area.
• There are a lot of children located within the immediate area and there are no sidewalks for
pedestrian safety.
• The street providing access to Clear Creek Drive should be restricted to emergency access only.
• In the event that the street providing access to the west is restricted to emergency access only it
will force all the traffic to access through the Banbury Meadows Subdivision, which would be
dangerous.
• The applicant should be required to construct a sidewalk on one (1) side of the street within the
Clearvue Estates Subdivision.
• During highwater events associated with the Boise River, residents within the development may
experience water within the crawlspace of their residences.
• The streets within the subdivision will create a thoroughfare through the area.
COMMISSION DELIBERATION: (Granicus time 2:13:42)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The subdivision is designed well and the proposed density provides a transition within the area.
• Most of the people testifying are supportive of the proposed design; however, they have a concern with
additional traffic.
• Based on the testimony provided, it is not the vehicles that are the problem, it is the people driving the
vehicles.
• In the event a development application for the subject property was submitted to the county it may be
proposed and approved and a higher density.
• It would be advantageous if the ACHD impact fees associated with the development could be directed
towards providing sidewalks within Clearvue Estates Subdivision.
• They are supportive of providing public access from the internal street to the greenbelt pathway.
• Whenever new development is proposed, residents within the immediate area always testify that traffic
is a concern.
• They are supportive of reduced front yard setbacks to allow larger backyards and buffer neighbors.
• The Ada County Highway District has reviewed the vehicle trip numbers in the area, and based upon
the review, have approved the design of the proposed streets within the development.
• The applicant should be required to provide a surety for the completion (paving) of the greenbelt
pathway in the future. The residents within the City of Eagle should not be responsible for completing
the pathway at a future date.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Commission voted 5 to 0 to recommend approval of A-05-17/RZ-09-17 for an annexation and rezone
from RUT (Rural -Urban Transition — Ada County designation), R -E (Residential -Estates), and R-1
(Residential) to R -2 -DA -P (Residential with a development agreement — PUD) for Creighton Woods
Development, LLC, with conditions of development to be placed within a development agreement as
provided within their findings of fact and conclusions of law document, dated March 19, 2018. The
maximum density for the Property shall be 1.14 -dwelling units per acre (58 -single-family residential lots).
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELINIINARY PLAT:
The Commission voted 5 to 0 to recommend approval of CU-14-17/PPUD-08-17/PP-09-17 for Creighton
Woods Planned Unit Development (Exhibit "A") for Creighton Woods Development, LLC, with the site
specific conditions of approval and standard conditions of approval as provided within their findings of
fact and conclusions of law document, dated March 19, 2018.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on April 24, 2018, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in favor of the applications was presented to the City Council by no one (not including
the applicant/ representative).
C. Oral testimony in opposition to the applications was presented to the Council by one (1) individual
who indicated the proposed density is too high. The individual does not support rezoning the property
to allow for two (2) dwelling units/acre. The schools in the area are overcrowded. The minimum size
of the lots should be one (1) acre.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Council voted 4 to 0 to approve A-05-17/RZ-09-17 for an annexation and rezone from RUT (Rural -
Urban Transition — Ada County designation), R -E (Residential -Estates), and R-1 (Residential) to R -2 -DA-
P (Residential with a development agreement — PUD) for Creighton Woods Development, LLC, with the
following Planning and Zoning Commission recommended conditions of development to be placed within
a development agreement with underline text to be added by the Council:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit applications regarding design review,
preliminary and final plat reviews, and/or conditional use permits, if applicable, and any other
applicable applications as may be required by the Eagle City Code, which shall comply with the
Eagle City Code, as it exists at the time such applications are made except as otherwise provided
within this Agreement.
3.2 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.
3.3 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an
operation and maintenance manual including the funding mechanism as an addendum to the
CC&Rs and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified ant that the homeowners association or other entity cannot be
dissolved without the express consent of the city.
(b) A requirement for all fencing located adjacent to open space and corner lots to be open -style
such as wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -type
wooden decorative fencing. All other fencing (ie. dog-eared cedar fencing, vinyl, chainlink)
shall be prohibited.
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be
deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
3.5 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit "D".
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To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's 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 first final plat.
The submittal of the building permit application to the City for each structure within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permit applications that do not have an approval letter attached will not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its
discretion, any building permit application that does not substantially conform to the design
requirements as shown on Exhibit "D". If a building permit is denied, the applicant shall have the
right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-
7-4-1.
3.6 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal
of a final plat application. Owner shall comply with all applicable Eagle Sewer District's regulations
and conditions prior to the submittal of a final plat application. Prior to issuance of any building
permits, Owner shall provide proof of central sewer service to the proposed residential use.
3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape islands and all common areas
throughout the development, 3) elevation plans for all proposed common area structures and
irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if
proposed), 5) sewer lift station, 6) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities, 7) all proposed fencing throughout the
development, and 8) street lights. The design review application shall be reviewed and approved by
the Eagle Design Review Board and City Council prior to the submittal of a final plat application.
3.8 Owner shall provide and construct a 6 -foot wide natural pathway from W. Brook Swift Drive to the
existing easement adjacent to the south bank of the North Channel of the Boise River. This pathway
shall be constructed within a pedestrian access easement a minimum of 20 -feet in width to allow for
future construction of a 10 -foot wide pathway that conforms with the City's current construction
standards. The pathway shall be constructed concurrently with the phase associated with the
common lot where the pathway will be located. The specific location and design of the pathway shall
be approved by the City of Eagle Parks, Pathways, and Recreation Department prior to submittal of a
design review application. The instrument number of the recorded easement or easements shall be
referenced on the face of the plat, upon recordation of the final plat(s) wherein the pathway is
located. Upon completion of construction of the pathway and prior to the acceptance of the pathway
by the City, the Owner shall 1) submit a survey stamped and prepared by a professional land
surveyor demonstrating that the pathway was constructed within the easement area, and 2) submit a
letter from the design engineer indicating that the pathway was constructed in substantial compliance
with the approved plans and specifications. The subdivision shall maintain this pathway until which
time that the City elects to improve the pathway for increased capacity and/or connectivity to other
pathways. The owner shall provide the City with a public access easement for public access, and for
possible future pathway development. This easement shall be minimum of 25 -feet in width at the
intersection with the .• .. • .. . •. • - - - with lot lines, and a eet to the existing
river access easement (State of Idaho Acquired Easement No. 266) at 90 -degree angle that will
provide area sufficient for radiused transitions for the future roadway access pathway where it could
potentially meet a 10 -foot pathway located in the existing river easement.
3.9 Owner shall provide and construct a 6 -foot wide public access natural pathway within the existing
easement (State of Idaho Acquired Easement No. 266) adjacent to the river. This pathway will
terminate at the east and west ends of the easement no further than 15 -feet away from the outer
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development property lines. This pathway may meander to allow preservation of desirable trees. The
pathway shall be constructed concurrently with Phase No. 1 of Creighton Woods Subdivision. The
specific location and design of the pathway shall be approved by the City of Eagle Parks, Pathways,
and Recreation Department prior to submittal of a design review application. The instrument number
of the recorded easement or easements shall be referenced on the face of the plat, upon recordation
of the final plat(s) wherein the pathway is located. Upon completion of construction of the pathway
and prior to the acceptance of the pathway by the City, the Owner shall 1) submit a survey stamped
and prepared by a professional land surveyor demonstrating that the pathway was constructed within
the easement area, and 2) submit a letter from the design engineer indicating that the pathway was
constructed in substantial compliance with the approved plans and specifications. The subdivision
shall maintain this pathway until which time that the City elects to improve the pathway for
increased capacity and/or connectivity to other pathways.
3.10 City reserves the right to access the pathway public access easements at any time. Access may
include construction equipment, service vehicles, and emergency vehicles.
3.11 Owner shall include written notification to all lot owners of the right for the public to access the
public pathways, park along public streets, and the City reserves the right to develop the public
access easements, including my not limited to, the expansion of the greenbelt pathway and
expansion of the public pathway providing connection from W. Brook Swift Way to the greenbelt at
any time in the future.
3.12 At no time will the owner, homeowner's association, or lot owners display signage that would deter
the public from use of the public access areas associated with the public easement area referenced in
Condition of Development #3.8 and the State of Idaho Acquired Easement No. 266. All signage
erected within the public access easements are subject to City approval and/or removal. City reserves
the right to erect signage of any kind within the public access easements.
COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Council voted 4 to 0 to approve CU-14-17/PPUD-08-17/PP-09-17 for Creighton Woods Planned Unit
Development (Exhibit "A") for Creighton Woods Development, LLC, with the following Planning and
Zoning Commission recommended site specific conditions of approval and standard conditions of approval
with
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-09-17.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,
whichever occurs first.
4. The required setbacks shall be as follows:
Front 20 -feet living area, 25 -feet garage
Rear 25 -feet
Interior Side 7.5 -feet (first story) 5 -feet (each additional story)
Street Side 20 -feet
Street Side (with front load garage facing street) 25 -feet
Maximum Lot Coverage 40%
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5. Provide a revised preliminary plat and PUD preliminary development plan with plat note #2 revised to
state, "The interior side yard lot line shall have a six-foot (6') wide permanent public utilities, property
drainage and pressurized irrigation easement unless dimensioned otherwise. Said drainage and
irrigation easements are reserved for homeowner's association or assigns." The revised preliminary
plat and PUD preliminary development plan shall be provided prior to submittal of the final
development plan/final plat applications.
6. Provide a revised preliminary plat and PUD preliminary development plan with plat note #4 revised to
state, "The following lots are designated as common/landscape area lots and will be owned and
maintained by the homeowner's association and/or assigns. These lots shall have a blanket public
utilities, drainage, and irrigation easement over the entirety of the lot."
4.1 Lot 1, Block 1
4.2 Lot 7, Block 1
4.3 Lot 23, Block 1
4.4 Lot 1, Block 2
4.5 Lot 17, Block 2
4.6 Lot 6, Block 3
The revised preliminary plat and PUD preliminary development plan shall be submitted prior to
submittal of the final development plan/final plat applications.
7. Provide a revised preliminary plat and PUD preliminary development plan showing a 12 -foot wide
pond maintenance easement located between the top bank of the pond located within Lot 6, Block 3,
and the property line. The revised preliminary plan and PUD preliminary development plan shall be
provided prior to submittal of the final development plan/final plat applications.
8. The applicant shall record an access easement agreement associated with Lot 7, Block 1, for access to
the adjacent property located south of the proposed subdivision. The instrument number of the
recorded access easement agreement shall be referenced on the final plat. The access easement
agreement shall be submitted with the final plat application to be reviewed and approved by staff prior
to recordation of the access easement agreement and the final plat.
9.
Pprovide a revised preliminary plat and PUD preliminary
development plan showing the internal pathway to be paved and a minimum width of six feet (6'). If
traffic, thrr.. tkc .1p, liarnt okrall Y:ovide-a--revised-prat nirwy plat and NJD
rral pc kway to k4. paved nrd a minima -n.1 7.idth of eight feet (8'). The revised
preliminary plat and PUD preliminary development plan shall be provided prior to submittal of a
design review application.
10. Provide a revised preliminary plat and PUD preliminary development plan showing a 6 -foot wide
natural pathway located within the existing 25 -foot wide greenbelt easement area (Lot 17, Block 2).
The revised preliminary plat and PUD preliminary development plan shall be provided prior to
submittal of a design review application.
11. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed at
the front of each lot generally at each side property line, or as approved by the Design Review Board.
The trees shall be located within an 8 -foot wide landscape strip between the 5 -foot wide concrete
sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as to not
interfere with the required placement of street trees. Prior to the City Clerk signing the final plat the
applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of
credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall
be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be
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issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for any
portion of the development that is completed, including street trees that have been installed. On-going
surety for street trees for all undeveloped portions of the development will be required through project
completion.
12. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas or private lots (unless approved for removal the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat application. Construction fencing shall be installed (pursuant to the Design Review Board's
direction) to protect all trees that are to be preserved, prior to the commencement of any construction
on the site.
13. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall
be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7 (J).
14. Provide a revised preliminary plat with a new plat note that states, "This development is subject to
Covenants, Conditions, and Restrictions, Instrument # , and as amended. The
Homeowner's Association cannot be dissolved without the express consent of the City of Eagle." The
revised preliminary plat shall be provided prior to submittal of the final development plan/final plat
applications.
15. Provide a revised preliminary plat with a new plat note which states, "This development recognizes
Idaho Code Section 22-4503, Right to Farm, which states: "No agricultural operation, agricultural
facility or expansion thereof shall be or become a nuisance, private or public, by any changed
conditions in or about the surrounding nonagricultural activities after it has been in operation for more
than one (1) year, when the operation, facility or expansion was not a nuisance at the time it began or
was constructed. The provisions of this section shall not apply when a nuisance results from the
improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof."
The revised preliminary plat shall be provided prior to submittal of the final development plan/final
plat applications.
16. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk
signing the final plat.
17. The cul-de-sacs shall be designed to terminate with an adequate circular turnaround having a minimum
radius of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet
(10'). A minimum of forty feet (40') of pavement shall be provided between the landscape island and
the outside edge of the street as measured from the face of curb of the island to the face of curb located
on the outside edge of the street.
18. The applicant shall obtain a demolition permit from the Eagle Building Department for removal of the
existing structures located onsite. The structures shall be removed prior to the City Clerk signing the
final plat.
19. Provide documentation from the subdivision contractor indicating the potable well and septic system
previously located on the site were properly abandoned. The documentation shall be provided prior to
the City Clerk signing the final plat.
20. The single-family dwellings shall be constructed in substantial conformance with the architectural
styles shown on Exhibit "D" (attached to the development agreement and incorporated herein by
reference).
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IC\I'lannmg Depl\haglc ApphcauonsU'relunmary Iktclopmcnt plans\2017\Crelghum Woods Sub ccldoc
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 for phase one.
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.
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
established herein.
21. The Creighton Woods Subdivision shall remain under the control of one Homeowner's Association.
22. The applicant shall provide CC&Rs stating that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system, all common landscape areas, and all common area
improvements in the subdivision are maintained in a competent and attractive manner, including the
watering, mowing, fertilizing and caring for shrubs and trees in perpetuity.
23. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of the final development plan/final plat applications.
24. The applicant shall install 4 -foot high wrought iron or anodized aluminum fencing on the shared
property line located between the common lot containing the greenbelt pathway and the rear lot lines
of the adiacent residential lots.
25. The applicant shall install 4 -foot high wrought iron or anodized aluminum fencing along the southern
property line of the subdivision.
26. The applicant shall provide an operation and maintenance manual for the greenbelt pathway and
interior pathways located within the subdivision. The operation and maintenance manual shall be an
exhibit to the CC&Rs.
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.
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K:U'lanning Dept \ aglo Applications'I'rdimin;ry D; vclopment Plansl21117\Cretghton Woods Sub ed dor
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
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.
Page 23 of 29
K:U'lannmgDepoLa ltAppbcati,nsd'rdWninaryDevelopm..m Plans,._itl7\CreightonWoods Sub ccfdoc
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
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
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K:Wlannmg Dept \Eagle Applications\Prcluninary Dcsclopment t'lans\2017\Creighton Woods Sub ccLdoc
2I . The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
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.
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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 rezone upon annexation
with a development agreement (A-05-17/RZ-09-17) with regard to Eagle City Code Section 8-7-5
"Action by the Commission and Council", and based upon the information provided, concludes that
the proposed applications are in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The requested zoning designation of R-2DA-P (Residential with a development agreement — PUD)
complies with the Neighborhood Residential and Large Lot designations as shown on the
Comprehensive Plan Land Use Map since the applicant is not proposing more than two units per
acre and the proposed density is below the density allowed;
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
single-family dwelling residential subdivision on this property under the proposed zone. The site is
located within the Eagle Sewer District and the Suez of Idaho certificated service area for potable
water;
c. The proposed R -2 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the A (Agricultural), R -E -DA (Residential -Estates with a development
agreement), and R -3 -DA -P (Residential with a development agreement) zones and land uses to the
north since this area is designated Neighborhood Residential and Floodway in the Comprehensive
Plan since a portion of the area may be developed with a residential development similar in density
to the subject site and the Boise River borders the remaining portion of the site;
d. The proposed R -2 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the R -E (Residential -Estates) and R-1 (Residential) zones and land use to the
south since this area is designated Neighborhood Residential and Estate Residential in the
Comprehensive Plan and has been developed with a residential subdivision;
e. The proposed R -2 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the R -E (Residential -Estate), R -3 -DA -P (Residential with a development
agreement — PUD), and R -2-P (Residential -- PUD) zones and land uses to the east since this area
is designated Neighborhood Residential in the Comprehensive Plan and contains a golf course, a
single-family residence that is located on a parcel that may be developed with a residential
development similar in density to the subject site, and a residential subdivision that has been
developed at higher density;
f. The proposed R -2 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the RUT (Rural -Urban Transitional — Ada County designation) and R -E
(Residential -Estates) zones and land use to the west since this area is designated Estate Residential
in the Comprehensive Plan and is developed with a residential development and the applicant has
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K:Tlanning Dept\Eagle Applications1Prelunmary Dewlnpmcnt Planst21117\Crcighton Woods Sub ccLdoc
g.
provided a common lot adjacent to the west boundary of the subdivision;
A portion of the land proposed for rezone is located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan. The applicant will be required to comply with Title 10
Flood Control regarding development in those areas;
h. No non -conforming uses are expected to be created with this rezone.
2. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-14-17/PPUD-08-17/PP-09-17) 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.
The proposed development will advance the general welfare of the community and neighborhood
since it is designed to be in conformace with the Comprehensive Plan. 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 of the same area.
The development will be designed to complement the general vicinity and provide aesthetically
pleasing architecture to enhance the character of the area. The proposed development contains lot
sizes and common areas that provide a transition to the adjacent developments.
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
The development will contain residential uses which will be compatible with the existing and
future neighborhood uses.
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 to consist of residential uses only, it is not anticipated that any uses or
activities will be detrimental to the surrounding properties upon completion of the site work. The
development will be served by an internal network of public streets providing connectivity with
the existing stub streets located adjacent to the development.
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
The site will be served by public roads, Eagle Police Department, and the Eagle Fire Department.
The site is located within Eagle Sewer District and Suez of Idaho certificated service area (potable
water). Development of sewer, water, drainage, streets and other urban services will be provided at
the developer's expense.
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the Eagle Sewer District, Suez of Idaho, or ACHD. Because
the developer provides the services in the initial stages of development the public service providers
avoid potential liability and expenses. Also, the additional tax revenue received from the
development will contribute to services such as schools, police, and fire protection.
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K:WlanningEd& Applications\Preliminary Development Plans\2017\Creighton Woods Sub cd.doc
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 because;
The development will contain 36.3% of dedicated open space consisting of six (6) common lots
which are inclusive of a pond, stream, and pathways.
h. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
Access to the development will be from Oakhampton Drive to the east and Clear Creek Drive to
the west. The interior streets will be public and will be constructed pursuant to the requirements of
the Ada County Highway District.
That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
There are no existing natural, scenic, or historic features of major importance located within the
site.
J•
That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan because;
The proposed development is in accordance with the Comprehensive Plan since the proposed
density of 1.14 -dwelling units per acre is below the density of up to 2-4 dwelling units per acre
which may be permitted within the Neighbor Residential area.
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 because;
This applicant has requested approval for a development agreement and a PUD as outlined in
Eagle City Code and satisfies those requirements as well as will be required to meet the conditions
herein. In addition, the applicant 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. The proposed
development will include single-family residential units with lot layout as shown on the
preliminary development plan.
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 because;
Single-family residential is the only use approved for this development.
m. Provide an estimate of the public service costs to provide adequate service to the development.
The water, sewer, and roadways will be constructed and funded by the developer. The
infrastructure necessary to serve this property with fire, police, and other public services already
exists. The public services that will be provided to the development include the following:
Fire
The project is located within the Eagle Fire District.
Police
The project will be served by the Eagle Police Department.
Water
The project is located within Suez of Idaho service area.
Sewer
The applicant will be required to comply with the requirements of the Eagle Sewer District.
Page 28 of 29
K:\l'lanning Dept\Eagle Applications\Prehmmary Development Plans\2017\Creighton Woods Sub ccr.d t.
Road Construction
The construction of all interior roads will be completed by the developer. Upon completion the
roads will be dedicated to ACHD.
Oven Space
The development will contain over 36.3% of passive and active open space providing residents
with pathways, access to the river and a pond. A system of private pathways will provide
pedestrians with a safe and efficient way to move throughout the property.
Maintenance
The maintenance of the open space areas will be regulated by the Creighton Woods Subdivision
Homeowner's Association. The public roads will be maintained by ACHD. The sewer and water
systems will be publicly owned and maintained once installed.
Schools
The residents of Creighton Woods Subdivision are located in the West Ada School District
boundaries.
n. Provide suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the development.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. Because the developer provides the services in the initial stages
of the development the public service providers avoid potential liability and expenses.
o. The estimated tax revenue generated to the City of Eagle from the development is approximately
$23,198.00/year (without Homeowner's Exemption).
p. Provide suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the development.
The costs of public services for the development will be offset by the tax revenue and user fees
generated by the homes located within the subdivision.
DATED this 8h day of May, 2018
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho •
Sta`irRidgeway, Mayor
ATTEST:
Sharon K. B Jgmann, Eagle City Cler:
Page 29 of 29
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