Findings - PZ - 2014 - CU-02-13/PPUD-02-13/PP-04-13 - Cup,Pdp, Pp Alderwood Village SubdivisionSCANNED
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN,
AND PRELIMINARY PLAT FOR
ALDERWOOD VILLAGE SUBDIVISION
NO. 2 FOR TEALEY'S LAND SURVEYING
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-02-13/PPUD-02-13/PP-04-13
The above -entitled conditional use permit, preliminary development plan, and preliminary plat applications
came before the Eagle Planning and Zoning Commission for their recommendation on June 16, 2014. The
Commission, having heard and taken oral and written testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Tealey's Land Surveying represented by Pat Tealey, is requesting conditional use,
preliminary development plan, and preliminary plat approvals for Alderwood Village No.
2 Planned Unit Development, an 18 -lot (15 -buildable, 3 -common) residential subdivision.
The 4.7—acre site is located at 947 W. State Street approximately 430 -feet west of South
Grandean Way.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, Wednesday, May 29, 2013, in
compliance with the application submittal requirement of Eagle City Code. The
applications for the item was received by the City of Eagle on May 30, 2013.
Due to a re -design of the proposed development an additional Neighborhood Meeting was
held on site at Casa Mexico Restaurant, 393 West State Street, Eagle, at 6:00 PM,
Tuesday, January 21, 2014, in compliance with the application submittal requirement of
Eagle City Code. Revised applications for this item were received by the City of Eagle on
January 24, 2014.
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 May 26, 2014. Notice of this public hearing was
mailed to property owners within three -hundred feet (300 -feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on May 22, 2014. Requests for agencies' reviews were transmitted on January 28,
2014 in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on May 23, 2014.
D. HISTORY OF PREVIOUS ACTIONS:
On October 10, 2006, the City Council approved Eudora Estates Subdivision (a.k.a.
Alderwood No. 2) for RTB Investments, LLC. (CU-02-06/PPUD-01-06/PP-08-06)
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On February 12, 2008, the City Council approved an extension of time for the preliminary
plat for Alderwood Subdivision No. 2 to be valid until October 10, 2008.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
COMP PLAN
DESIGNATION
Residential Four (4
units per acre
maximum)
No Change
Residential Four (4
units per acre
maximum)
South of site Public/Semi-Public
East of site
West of site
Residential Four (4
units per acre
maximum)
Residential Four (4
units per acre
maximum)
ZONING
DESIGNATION
R-4 (Residential -up to 4
units per acre)
No Change
R-4 (Residential -up to 4
units per acre)
R-4 (Residential -up to 4
units per acre)
R-4 (Residential -up to 4
units per acre)
R-4 (Residential -up to 4
units per acre)
LAND USE
Residence/pasture
Single-family residential
subdivision
Single-family residential
Alderwood Village/PUD and
State Highway 44
Alderwood Village/PUD
Residence and Eagle
Nazarene Church
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site — 4.7 -acres
Total Number of Lots — 18
Total Number of Units -
Residential — 15
Commercial — 0
Industrial — 0
Common — 3
Single-family — 15
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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Additional Site Data
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
Open Space
Percent of Site as Common Area
Open Space
Proposed
3.19 units per acre
Required
4 units per acre maximum
5,339 -square feet 8,000 -square feet
minimum
Except that a decrease of
minimum lot size in a
subdivision may be
allowed if there is an
offsetting increase of the
same percentage in open
space and a planned unit
development is applied for
and approved) - per ECC
Section 8-6-5-5 (A). An
offsetting increase of the
same percentage in open
space has been provided
45 -Feet*
29 -Feet*
1.65 -acres (72,007 S.F.)
35.1%
75 -Feet
3 5 -feet
.94 -acres minimum
(40,946 S.F.)
.47 -acres for 10%
minimum plus .68 -acres
for lots smaller than the
minimum (8,000 SF) — per
ECC Section 8-6-5-5 (A)
24.5% (minimum - see
above)
* Note — The minimum lot width and street frontage may be reduced with the approval of a planned unit
development.
I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat, date stamped by the City on May 22, 2014, does not show the
required buffering area located adjacent to State Highway 44. Pursuant to Eagle City Code
Section 8-2A-7(J)(4)(c) a 75 -foot wide landscape strip is required adjacent to principal
arterials to protect residential communities from noisy, potentially dangerous, high speed
roads.
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Open Space:
The proposed development includes 1.65 -acres (not inclusive of planter strips) (35.1%) of
common area. The common areas consist of a 1.29 -acre area located adjacent to State
Highway 44, two (2) lots located on each side of the entrance into the subdivision. The
two (2) common lots located at the entrance to the subdivision contain either a five-foot
(5') wide detached sidewalk or a pathway.
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,
except that lesser easement widths, to coincide with respective setbacks, may be
considered as part of the planned unit development.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) — Yes
The existing home is served by a septic system. The applicant is proposing to abandon the
existing septic system and connect the home to the central sewer system.
Preservation of Existing Natural Features:
The existing pond is a wetland and will be required to be preserved it its current state.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
J. STREET DESIGN:
Private or Public Streets:
The preliminary plat, date stamped by the City on May 22, 2014, shows two (2) typical
street sections for the streets to be located within the subdivision. The typical street
section shown for Krasen Street shows a 50 -foot wide right-of-way section with a 29 -foot
wide travelway (measured from back of curb to back of curb). The right-of-way is also
inclusive of five-foot (5') wide planter strips and five-foot (5') wide detached sidewalks
located on each side of the street. The street section shows rolled curb and gutter.
The typical street section shown for Stephenson Way (identified as Stephenson Street on
the preliminary plat) shows a 42 -foot wide right-of-way section with a 26.5 -foot
travelway (measured from back of curb to edge of pavement). The right-of-way is
inclusive of seven -feet (7') of the eight -foot (8') wide planter strip located adjacent to the
east side of the street and an 8.5 -foot wide borrow ditch located on the west side of the
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street. The street section shows rolled curb and gutter located on the east side of the
street.
The preliminary plat, date stamped by the City on May 22, 2014, shows Stephenson
Street terminating with an alternative type of turnaround for fire truck turn around
(Snoopy nose) approximately 510 -feet south of the intersection of West Krasen Street
and South Stephenson Street.
The applicant is proposing to construct an emergency/pedestrian access to West State
Street to the north from the development. The access is proposed to be constructed within
a common lot (Lot 8, Block 1) with a 20 -foot wide travelway (as measured from edge of
pavement to edge of pavement).
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500`: None
Cul-de-sac Design: No cul-de-sacs proposed
Sidewalks:
A five-foot (5') wide detached concrete sidewalk is proposed abutting the planter strips
located on both sides of West Krasen Street. The applicant is proposing to construct South
Stephenson Street as a partial street section with a five-foot (5') wide detached concrete
sidewalk abutting the planter strip located on the east side of the street.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street names approved by the Ada County Street Names Committee are shown on the
attached correspondence from that committee.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE 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
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N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — Yes — Wetlands at the southern end of the site adjacent
to State Highway 44
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
Mature Trees — Yes — in proximity to the existing residence and adjacent to State Highway 44
Riparian Vegetation — Yes — adjacent to the existing pond
Steep Slopes — No
Stream/Creek — Yes — Ballentyne Irrigation Canal (piped)
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — unknown
Wildlife Habitat — unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated April 21, 2014 are of special
concern (attached to the staff report).
Ada County Highway District
Ballentyne Ditch Company
Central District Health
Chevron Pipe Line Company
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
Idaho Transportation Department
Middleton Irrigation Association, Inc./Middleton Mill Ditch Company
Q. LETTERS FROM THE PUBLIC:
Correspondence received from Rick Anderson, date stamped by the City on June 2, 2014.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to construct the subdivision in a single phase.
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
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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.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as
the following:
Residential Four
Suitable primarily for single family residential development within an urbanized setting. An
allowable density of up to 4 units per 1 acre.
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Chapter 11 — Special Areas And Sites
11.1 Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or sites
should be analyzed according to their defined function. Whenever possible, these sites
should be preserved and conserved as open spaces or for educational and cultural centers.
Development of Special Areas or Sites should take place in manner that reflects harmony
with their natural environment and recognized qualities which render them distinctly
unique.
These special areas will require comprehensive and specific planning to ensure that such
topographical, hydrological, ecological, architectural and scenic concerns have been
thoroughly addressed and incorporated into any engineering and development plans. The
special review process should include, but not be limited to the following:
• Wetlands issues
• Existing trees and natural features
11.2 Recognized Special Areas and Sites
Drainages and Canals
Special natural and manmade features of Eagle are the drainages and canals. The main
purpose of the canals and drainage ditches is that of distributing and moving water.
11.3 Goal
To promote the conservation and efficient management of all Special Areas and Sites.
11.4 Implementation and Strategies
A. Protect and improve natural and man-made waterways.
B. Continue to develop and improve City design guidelines to encourage
preservation of Eagle's historic buildings and guide new development to
reinforce the town's special quality and "turn of the century" character.
G. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
I. The City may require developers to prepare and submit an environmental
assessment and any such additional reports as the City may from time to time
require, for any development on land within an area designated as a Special
Area or Site or for any development impacting a designated Special Area or
Site.
Chapter 13 — Implementation
13.3 Special Implementation Techniques_For Development within the City Limits
A. Planned Unit Development Ordinance (PUD) is one of many devices used to
implement a comprehensive plan. A developer of a PUD may be allowed
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variations in development requirements, if it is in the City's interest to
encourage such a development.
C. PUD regulations are intended to encourage innovations in land development
techniques so that the growing demands of the community may be met with
greater flexibility and variety in type, design, and layout of sites and buildings
and by the conservation and more efficient use of open spaces and of other
natural environmental features which enhance the quality of life.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
PLANNED UNIT DEVELOPMENT: A development designed to incorporate a variety of lot sizes
and created to accommodate a wide range of income levels and planned to be developed as a unit
under single ownership or control which may include residential, commercial, or office uses or
any combination thereof.
• Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Requirements:
Minimum
Lot Area
Maximum Lot (Acres Or Minimum
Zoning Maximum Interior Street Covered F And Square Feet) Lot
District Height Front Rear Side Side J* H* Width I* r
R-4 35' ' 20' 25' 7.5' 20' 40% 8,000 70'
4:.'i�;?�-.:'. _. -__:.!>;�i:iY`+i.a??iL�...__+.-_......; �.�::"+iail?<<S:iial�li'..'�r::ii:ia't_..�1:.. .--._� .. '.....�...ill:'isirF',i�•Ii::�+i'r'!'S!ili:ii:111i'S1I:Tti1f'!:'f.�9z?i1'ui:.��-•':::.ii•I: :(:7Ci.�'::'.?::•:rel"-:":Y,:!�:':+�i.S::
• Eagle City Code Section 8-2-4 (B):
Additional 5 feet per story side setback is required for multi -story structures. Height not to
exceed maximum allowed within the zone.
• Eagle City Code Section 8-2A-7 (J)(4)(c): Landscape and Buffer Area Requirements:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi -family developments, shall be buffered from streets classified as collectors, arterials,
freeways, or expressways, to protect residential communities from noisy, potentially
dangerous, high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area open space owned and maintained
by a homeowners' association. Any landscaping proposed to be within the public right of way
shall not be included as a part of the buffer area required below. The height for
berming/fencing, as noted below, shall be measured from the elevation of the final grade of the
adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The
required buffer area width, plantings, and fencing are as follows:
c. Any road designated as a principal arterial on the transportation and pathway network plan
in the Eagle comprehensive plan:
A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: six
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(6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided,
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
• Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options, the following
design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title, except that a decrease in the minimum lot size
may be allowed if there is an "offsetting increase" of the same square footage in open
space and a favorable finding is made by the council that the smaller lots are appropriately
integrated into the overall design and that the building product type is compatible with the
PUD and surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point
for minimum open space, prior to any "offsetting increase" being added, shall be the area
that is equal to ten percent (10%) of the site. This allowance shall only be permitted under
the following criteria:
1. The total common area open space shall be equal to or greater than twenty percent
(20%), inclusive of the "offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity
and architectural and siting variation are incorporated into the development and that
these factors make up a substantial contribution to the objectives of the PUD. These
design elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical environment,
variation in building setbacks and building grouping (such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone
under section 8-2-4 of this title.
• Eagle City Code Section 8-7-3: Conditional Use Permit:
8-7-3-2: General Standards for Conditional Uses:
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The Commission/Council shall review the particular facts and circumstances of each proposed
conditional use in terms of the following standards and shall find adequate evidence showing
that such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in section 8-2-3 of this title for the
zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the comprehensive plan and/or this title;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighboring uses;
E. Will be served adequately by essential public facilities and services such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer and
schools; or that the persons or agencies responsible for the establishment of the proposed
use shall be able to provide adequately any such services;
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which shall be so designed as not to create
an interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-1-6: Rules and Definitions:
ALLEY: A minor street providing secondary access at the back or side of a property otherwise
abutting a street.
EASEMENT: A grant by a property owner to specific persons or to the public to use land for
specific purposes. Also, a right acquired by prescription.
PARTIAL RIGHT OF WAY: A dedicated right of way providing only a portion of the
required street width, usually along the edge of a subdivision or tract of land.
PLANNED UNIT DEVELOPMENT: A subdivision designed as a combination of residential,
commercial and office uses or any combination thereof planned for a tract of land to be
developed as a unit under single ownership or control, which is developed for the purpose of
selling individual lots or estates, fronting on private or dedicated streets, which may include
two (2) or more principal buildings.
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which
normally includes streets, sidewalks and other public utilities or service areas.
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• Eagle City Code Section 9-3-1: Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions, improvements
and facilities done, constructed or made in accordance with said provisions shall comply with
the minimum design standards set forth in this chapter and with all applicable requirements set
forth in Title 8, Chapter 6, "Planned Unit Developments", of this code; provided, however,
that any higher standards adopted by any highway district, the Idaho transportation department
or health agency shall prevail over those set forth herein.
• Eagle City Code Section 9-3-2: Streets and Alleys:
9-3-2-1: Location and Design:
G. Cul -De -Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet
(750') in length and shall terminate with an adequate circular turnaround having a
minimum radius of fifty feet (50') of right of way including a landscape island with a
minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be
provided between the landscape island and the outside edge of the street as measured from
the face of curb of the island to the face of curb located on the outside edge of the street.
One traffic control sign stating that on street parking is prohibited within the turnaround
shall be installed at the entrance of the turnaround on the driver's side of the street. The
following exceptions may be considered by the council:
1. Alternative types of turnarounds for cul-de-sacs which will provide access to less
than thirteen (13) dwelling units may be permitted by the city if approved by the fire
department and the highway district having jurisdiction.
H. Half Streets: Half streets shall be prohibited except where unusual circumstances make
such necessary to the reasonable development of a tract in conformance with this title and
where satisfactory assurance for dedication of the remaining part of the street is provided.
Whenever a tract to be subdivided borders on an existing half or partial street, the other
part of the street shall be dedicated within such tract.
• Eagle City Code Section 9-3-5: Lots:
Lots shall conform to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height
and area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary
from the standards within section 8-2-4 of this code may be considered as part of the
planned unit development.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines. Total easement width shall not be less than twelve feet (12'), except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of
the planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code Section 9-3-7: Planting Strips and Reserve Strips:
Planting strips and reserve strips shall conform to the following standards:
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A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed
next to incompatible features such as highways, railroads, commercial or industrial uses to
screen the view from residential properties and to provide noise mitigation for those
residents. Such planting strips/buffer areas shall be a minimum of twenty feet (20') wide
unless a greater width is required within section 8-2A-7 of this code. The landscape
strip/buffer area shall not be a part of the normal street right of way and shall comply with
all landscape/buffer area requirements within section 8-2A-7 of this code.
• Eagle City Code Section 9-3-10: 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 9-4-1-8: Underground Utilities:
Underground utilities are required.
• Eagle City Code Section 9-4-1-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be required for
the protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats
shall show the location of all buffer areas.
D. DISCUSSION:
• The Eagle Comprehensive Plan designates the property as Residential Four and the property
has an R-4 (Residential up to four (4) units per acre) zoning designation. The applicant has
submitted preliminary development plan, conditional use permit, and preliminary plat
applications for a planned unit development for Alderwood Village Subdivision No. 2. The
applicant is proposing to construct a development with the feel of a "neo -traditional"
neighborhood with lots similar in size to Alderwood Village Subdivision located adjacent to
and east of the proposed development. The applicant is requesting a planned unit development
to request deviations from the standard minimums within the code in regard to setbacks, lot
coverage, lot size and width.
The applicant has requested to provide lots ranging in size from 5,339 -square feet to 12,412 -
square feet. The minimum lot size for lots located within the R-4 zoning district is 8,000
square feet. Pursuant to Eagle City Code 8-6-5-5 (A), a decrease of minimum lot size is
permitted if there is an offsetting increase of the same square -footage in open space and a
planned unit development is applied for and approved. If this PUD is approved by the
Council, the decrease in lot size may be permitted since the development has been designed to
provide the required amount of offsetting increase of square footage within the open space.
The applicant is requesting to increase the maximum lot coverage allowed from 40% to 50%,
and to allow the lot width to be decreased from the minimum 70 -feet to approximately 43 -feet.
The request is being made to allow the development to match the existing neighborhood
(Alderwood Village).
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The preliminary plat, date stamped by the City on May 22, 2014, shows 12 -lots to be below
8,000 -square feet in size (minimum lot size). The applicant submitted correspondence, date
stamped by the City on January 24, 2014, in which they requested reduced setbacks from what
is required pursuant to Eagle City Code Section 8-2-3 for the R-4 (Residential up to four (4)
units per acre) zoning district. The applicant is requesting the front yard setback to be reduced
from 20 -feet to 15 -feet, the rear yard setback to be reduced from 25 -feet to 10 -feet, side yard
setback to 5 -feet (one and two story structures) and the street side setback to remain at 20 -feet.
The applicant requested setbacks are as follows:
Front 15 feet
Rear 10 feet
Interior Side 5 feet (one and two story structures)
Street Side 20 feet
Maximum Coverage 50%
The approved setbacks for the previously approved Alderwood Village are as follows:
Front 15 feet
Rear 20 feet
Interior Side 6 feet
Street Side 15 feet
Rear lot accessed garages 24 -feet
Front entry garages
(Lots 4-7, Block 1) 20 -feet
Although the rear setback is 24 -feet it should be noted that the area between the rear property
line and the structures contains a 20 -foot wide cross -access and utility easement. The rear
setback proposed by the applicant will provide more space between the alley and structure
than what was approved for the original Alderwood Village.
It is staffs opinion that based on the size of the lots the applicant's requested setbacks and lot
coverage should be approved as follows:
Front 15 feet
Rear 10 feet
Interior Side 5 feet (one and two story structures)
Street Side 20 feet
Maximum Coverage 50%
• The preliminary plat, date stamped by the City on May 22, 2014, show 12 -residential home
sites having rear entry garages and being served by the existing alley located east of the
proposed development within Alderwood Village. Alderwood Village east of this site was
required (as a condition of approval) to provide cross -access to this site if this site were to be
developed in the same manner as Alderwood Village. The applicant should work with the
Alderwood Village Homeowners Association to provide for a cross -access agreement with
shared costs for the operation and maintenance of the existing alley. The applicant should
provide the cross -access agreement between the property owners prior to the City Clerk
signing the final plat. If the coordination efforts fail, applicant should be required to provide a
certified letter from the Alderwood Village Homeowners Association stating that they refuse
coordination and connection to the cross -access for the adjacent developments as required by
the Alderwood Village final plat and CC&Rs.
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• The applicant is proposing to utilize the existing alley located adjacent to the eastern property
line and within Alderwood Village Subdivision. Plat note #9 contained within the Alderwood
Village subdivision final plat indicates that "As more thoroughly discussed in the Covenants,
Conditions, and Restrictions (CC&Rs) for this Subdivision, the Cross -Access and Utility
Easement(s) may be used by the owners of this Subdivision as well as adjacent property
owners as far as the adjacent properties are developed in a manner similar to this Subdivision,
subject to such owners paying their proportionate share of maintenance costs associated with
the easement." The applicant should provide an alley operation and maintenance manual for
the alley to be shared between Lots 2-14, Block 2, Alderwood Village and Lots 20-31, Block
2, Alderwood Village No. 2, in conjunction with the Alderwood Village Subdivision
Homeowners Association, to be reviewed and approved by the City Engineer prior to the City
Clerk signing the final plat.
• Plat notes # 1 and 2 shown on the preliminary plat, date stamped by the City on May 22, 2014,
references the Alderwood Homeowners Association will own and maintain the common lots
and provide pressure irrigation to each lot. Since the applicant will be required to enter into an
agreement with the Alderwood Village Homeowners Association for the operation and
maintenance of the existing alley plat notes #1 and #2 should reference the homeowners
association as Alderwood Village No. 2 Homeowners Association so as not to create
confusion regarding which homeowners association will be responsible for the common areas
and pressurized irrigation located within Alderwood Village No. 2. The applicant should
provide a revised preliminary plat with plat note # 1 revised to read "All common lots are to be
owned and maintained by the Alderwood Village No. 2 Homeowners Association, said
common lots have a blanket public utility, drainage, and irrigation easement." The applicant
should also revise plat note #2 to read "Pressurized irrigation shall be operated and maintained
by the Alderwood Village No. 2 Homeowners Association. The revised preliminary plat
should be provided prior to submittal of a final plat application.
• Plat note #4 shown on the preliminary plat, date stamped by the City on May 22, 2014,
indicates that a 10 -foot wide public utility, drainage, and irrigation easement is located
adjacent to the subdivision boundary and public right-of-way. The note also references that all
other easements are as shown. The preliminary plat also delineates a five-foot (5') wide utility
easement located adjacent to the eastern property line and the alley. The applicant should
provide a revised preliminary plat showing the utility easement located adjacent to the eastern
property line and the alley to be 10 -feet in width. The applicant should provide a revised
preliminary plat with plat note #4 revised to read as follows:
4. Public utility, drainage, and irrigation easements will be as follows:
- 12 -feet wide adjacent to the subdivision boundary and public right-of-way (unless shown
otherwise)
- 5 -feet wide on each side of interior lot lines (drainage only)
- All other easements are as shown
The revised preliminary plat should be provided prior to submittal of a final plat application.
• Plat note #8 of the preliminary plat, date stamped by the City on May 22, 2014, indicates this
subdivision is proposed in two (2) phases. The applicant indicated the development will be
constructed in a single phase. The applicant should provide a revised preliminary plat with plat
note #8 (referencing the subdivision is proposed in two (2) phases) removed prior to submittal
of a final plat application.
• Pursuant to Eagle City Code Section 9-3-2-1 (G), Cul-de-sac streets shall terminate with an
adequate circular turn around having a minimum radius of 50 -feet of right-of-way including a
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landscape island with a minimum radius of 10 -feet and a minimum of 40 -feet of pavement
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. The code
allows for alternative types of turnarounds for cul-de-sacs which will provide access to less
than 13 -dwelling units if permitted by the fire department and the highway district having
authority. The Ada County Highway District approved the alternative turnaround as proposed
provided the applicant provide written approval of the alternative turnaround from the fire
department. Eagle Fire Department provided correspondence, date stamped by the City on
May 24, 2014, indicating the fire department would not recommend approval of a cul-de-sac
unless it conforms to Eagle City Code Section 9-3-2-1 (G). It should be noted that 12
residential lots will be accessed from the alley and not South Stephenson Street. Staff will
defer to the Commission and the Council regarding allowing an alternative turnaround since a
majority of the lots are not accessed from the street.
• The preliminary plat, date stamped by the City on May 22, 2014, shows a proposed 16 -foot
wide pedestrian access easement (paved pathway) providing access to Lot 16, Block 2, located
on the eastern property line of Lot 17, Block 2. It appears that as proposed the pathway will be
part of the driveway access for the Lot 17, Block 2. The applicant should provide a revised
preliminary plat showing the proposed 16 -foot wide pedestrian access easement (paved
pathway) to be located in a common lot. The interior side lot line located between Lots 16-17,
Block 2, should be modified to allow a minimum of 25 -feet of frontage for Lot 17, Block 2.
The revised preliminary should be provided prior to submittal of a final plat application.
• The preliminary plat, date stamped by the City on May 22, 2014, shows a shed located on Lot
16, Block 2, and a shed located on the common interior side property lines of Lots 16 and 17,
Block 2 (labeled "Shed to be removed"). The applicant should be required to remove the
existing sheds located on Lots 16 and 17, Block 2, prior to the City Clerk signing the final
plat.
• The preliminary plat, date stamped by the City on May 22, 2014, shows South Stephenson
Street as a partial right-of-way 42 -feet in width for approximately 350 -feet south from the
intersection of West Krasen Street. The typical street section for Stephenson Way (shown on
the plat as South Stephenson Street) to be constructed as a partial right-of-way containing a
right-of-way 42 -feet in width with 26.5 -feet of pavement and curb, gutter, and sidewalk
located on one (1) side of the street. The applicant's narrative, date stamped by the City on
January 24, 2014, indicates the street will be constructed and built with curb, gutter, and
sidewalk on the east side of street and paving (12 -feet in width) on the west. The narrative
goes on to state the owner of the parcel located adjacent to the west side of the street will be
required to dedicate the additional right-of-way eight feet (8') in width (total 50 -feet) and
provide curb, gutter, and sidewalk when that parcel is developed. Pursuant to Eagle City Code
9-3-2-1 (H) half street are prohibited except where unusual circumstances make such
necessary to the reasonable development of a tract in conformance with this title and where
satisfactory assurance for dedication of the remaining part of the street is provided. The code
also requires that whenever a tract to be subdivided borders on an existing half or partial street,
the other part of the street shall be dedicated within such tract. The applicant should provide
documentation assuring that the proposed half street section (South Stephenson Street) will be
completed when the property adjacent to the west is developed. This documentation should be
provided prior to submittal of a final plat application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested conditional use
permit, preliminary development plan, and preliminary plat for Alderwood Subdivision No. 2 with
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the site specific conditions of approval and standard conditions of approval, all as provided within
the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 16,
2014. The Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by two
(2) (other than the applicant/representative) individuals who indicated the project is well planned and
will bring additional revenue to the city.
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in favor of nor opposed to this proposal was presented to the Planning and
Zoning Commission by four (4) individuals who expressed the following concerns:
• The existing alley to be shared by the two (2) subdivisions is not 20 -feet in width and at the
most the alley is only 19 -feet in width. The concern is that the alley is to narrow.
• Fire trucks cannot negotiate the curve at the southern end of the existing alley.
• The existing vinyl fence (proposed to be removed) located on the perimeter of Alderwood
Village Subdivision provides security for the residents of the subdivision. The fence also
prevents the children and pets, residing within the subdivision, from wandering to far from
home.
• Emergency access may be an issue due to the narrowness of the alley.
• A garbage truck will have difficulty collecting trash from bins located within the alley area.
• Upon closure of the existing driveway providing access to West State Street the residential
home located adjacent to West State Street will no longer be able to utilize that driveway for
access.
• One (1) of the adjacent neighbors wants to ensure that the irrigation water they currently
receive will not be impeded.
• The Alderwood Village Subdivision residents want to ensure that if the subdivision is not
completed the fence is replaced.
• The residents of Alderwood Village Subdivision No. 2 should be required to pay their fair
share of maintenance and operation of the existing alley.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• The proposed design is appealing and attractive.
• The adjacent neighbors were aware the adjacent property would be developed.
• The developer and the residents located within Alderwood Village Subdivision should
work together to share the alley, pressurized irrigation system, and open space located
within each development. If they agreed to share the facilities the maintenance costs could
be shared and would be less expensive for all those involved.
• If the proposed open space were combined with the open space lot located within
Alderwood Village Subdivision a larger park area would be created which would be more
attractive for the homeowners and future buyers.
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• A single homeowner's association for both developments would be more advantageous.
• With the combination of the facilities there is opportunity for increased home values.
• The construction traffic associated with the construction of the proposed subdivision
should be limited to the existing public street for access.
• A surety for replacement of the existing fence should be provided in the event the
subdivision is not completed.
• A cross access, and operation and maintenance agreement regarding the use of the existing
alley should be in place prior to signature of the final plat.
COMMISSION DECISION REGARDING THE PLANNED UNIT DEVELOPMENT AND
PRELIMINARY PLAT:
The Commission voted 3 to 0 (Koellisch and Wright absent) to recommend approval of the
Alderwood Subdivision No. 2 (CU-02-13/PPUD-02-13/PP-04-13) for Teally's Land Surveying,
with the following staff recommended site specific and standard conditions of approval with
underline text to be added by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. The applicant shall submit payment to the City for all outstanding Engineering and Legal fees
incurred by the City in obtaining a review of this project upon receipt of an invoice(s) by the
City prior to the submittal of a final plat application. (ECC 9-2-3 [C] [3] [1])
3. The applicant shall submit a design review application showing: 1) proposed subdivision
signage, 2) planting details within the required buffer area located adjacent to State Highway
44, 3) building elevations for all proposed common area structures 4) landscape screening
details of the irrigation pump house, 5) useable amenities such as picnic tables, covered
shelters, benches, playground equipment, gazebos, and/or similar amenities, and 6) proposed
fencing to be located adjacent to the common areas and on the required buffer area adjacent to
State Highway 44. The design review application shall be reviewed and approved by the
Design Review Board prior to the submittal of a final plat application. (ECC 8-2A-1)
4. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by
the Design Review Board) along both sides of all streets within this development. Trees shall
be placed at the front of each lot generally at each side property line, or as approved by the
Design Review Board. The trees shall be located in an 8 -foot wide landscape strip between
the 5 -foot wide concrete sidewalk and the curb. Prior to the issuance of any occupancy permits
for the homes, all required trees, sod, and irrigation shall be installed within landscape strips.
A temporary occupancy may be issued if weather does not permit landscaping however, a
surety in accordance with Eagle City Code Section 9-4-2-2 for 150% of the cost of the
installation of all landscape and irrigation improvements shall be provided to the City. (ECC
8-2A-7)
5. The required setbacks shall be as follows:
Front 15 feet
Rear 10 feet
Interior Side 5 feet (one and two story structures)
Street Side 20 feet
Maximum Coverage 50%
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6. Provide a revised preliminary plat showing the utility easement located adjacent to the eastern
property line and the alley to be 10 -feet in width. The revised preliminary plat shall be
provided prior to submittal of a final plat application. (ECC 9-3-6)
7. Provide documentation assuring that the proposed half street section (South Stephenson
Street) will be completed when the property adjacent to the west is developed. This
documentation shall be provided prior to submittal of a final plat application. (ECC 9-3-2-1
[H])
8. The architectural styles provided by the applicant shall be the required architectural styles for
the development. To assure compliance with this condition, the applicant shall create an
architectural control committee (ACC) as a component of the subdivision CC&R's. Provisions
regarding the creation and operating procedures of the ACC shall be included in the CC&R's,
and shall be reviewed and approved by the City Attorney prior to the approval of the final plat
application. (ECC 9-5-4-2)
9. The submittal of the building permit application to the City for each home within the
development shall be accompanied by an approval letter from the Architectural Control
Committee (ACC). Building permits applications that do not have an approval letter attached
will not be accepted.
10. To assure compliance with the PUD conditions of approval herein, the City reserves the right
to deny, at its discretion, any building permit application that does not meet the architectural
requirements and as required in site specific condition of approval #8 above of the PUD.
,4"%, 11. The applicant shall provide a cross -access and maintenance agreement between the property
owners of Lots 1-15, Block 2, of Alderwood Village to provide access for Lots 20-31, Block
2, Alderwood Village No. 2, prior to the City Clerk signing the final plat. If the coordination
efforts fail, applicant shall provide a certified letter from the Alderwood Village Homeowner's
Association stating that they refuse coordination and connection to the cross -access for
Alderwood Village No. 2, as required by the Alderwood Village final plat and CC&R's.
12. Provide a revised preliminary plat with plat note #1 revised to read "All common lots are to be
owned and maintained by the Alderwood Village No. 2 Homeowners Association, said
common lots have a blanket public utility, drainage, and irrigation easement." The revised
preliminary plat should be provided prior to submittal of a final plat application. (ECC 9-3-8
[D][4])
13. Provide a revised preliminary plat with plat note #2 revised to read "Pressurized irrigation
shall be operated and maintained by the Alderwood Village No. 2 Homeowners Association.
The revised preliminary plat should be provided prior to submittal of a final plat application.
14. Provide a revised preliminary plat with plat note #4 revised to read as follows:
4. Public utility, drainage, and irrigation easements will be as follows:
- 12 -feet wide adjacent to the subdivision boundary and public right-of-way (unless shown
otherwise)
- 5 -feet wide on each side of interior lot lines (drainage only)
- All other easements are as shown
The revised preliminary plat shall be provided prior to submittal of a final plat application.
(ECC 9-3-6)
15. Provide a revised preliminary plat with plat note #8 (referencing the subdivision is proposed in
two (2) phases) removed prior to submittal of a final plat application.
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16. The applicant shall be required to remove the existing sheds located on Lots 16 and 17, Block
2, prior to the City Clerk signing the final plat. Demolition permits shall be obtained prior to
the removal of the sheds.
17. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat
application indicating that the Alderwood Subdivision No. 2 Homeowner's Association is
responsible for all maintenance of the common landscape areas in the subdivision. The
CC&Rs for the Alderwood Subdivision No. 2 Homeowner's Association shall provide that the
association shall have the duty to maintain and operate all of the common landscape areas in
the subdivision in a competent and attractive manner, including the watering, mowing,
fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity.
(ECC 9-3-8[D][4])
18. The applicant shall be required to obtain the proper permits and subsequently abandon the
existing septic system and the existing well prior to the City Clerk signing the final plat.
19. The applicant shall provide a license agreement from ACHD approving the landscaping
located within the public rights-of-way abutting and within this site prior to the City Clerk
signing the final plat. (ECC 9-4-1-2)
20. Any stub street which is expected to be extended in the future shall be provided with a sign
generally stating that, "This Street is to be extended in the future." (ECC 9-4-1-2)
21. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of
the site shall be submitted prior to the issuance of any building permits for the site.
22. The applicant shall install at the entrances to the Alderwood Subdivision No. 2, 4' x 4'
plywood or other hard surface signs (mounted on two 4"x 4" posts with the bottom of the
signs being a minimum of 3 -feet above the ground) noticing the contractors to clean up daily,
no loud music, and no dogs off leash. The signs shall be installed prior to the issuance of any
building permits.
23. The applicant shall provide a surety in the amount of 150% of the replacement cost for the
vinyl fence located between the property and the existing alley located within Alderwood
Village Subdivision in the event Alderwood Village Subdivision No. 2 is not completed.
24. All traffic associated with the construction of Alderwood Village Subdivision No. 2
infrastructure shall be prohibited from utilizing the alley located adiacent to the eastern
boundary of the subdivision.
25. During the subdivision construction period the applicant shall place signage located at each
end of the alley indicating the alley is for private use only and no construction traffic is
permitted.
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.
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3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
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.
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12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
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
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deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
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
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performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
141.14 related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on site at 6:00 PM, Wednesday, May 29, 2013, in compliance with
the application submittal requirement of Eagle City Code. The applications for the item was received
by the City of Eagle on May 30, 2013.
Due to a re -design of the proposed development an additional Neighborhood Meeting was held on site
at Casa Mexico Restaurant, 393 West State Street, Eagle, at 6:00 PM, Tuesday, January 21, 2014, in
compliance with the application submittal requirement of Eagle City Code. Revised applications for
this item were received by the City of Eagle on January 24, 2014.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on May 26, 2014. Notice of this public hearing was mailed to property owners within three -
hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on May 22, 2014. Requests for agencies' reviews were
transmitted on January 28, 2014 in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with the Eagle City Code on May 23, 2014.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone, conditional
use permit, preliminary development plan, and preliminary plat (CU-02-13/PPUD-02-13/PP-04-13)
and based upon the information provided concludes that the proposed development is in accordance
with the City of Eagle Comprehensive Plan and established goals and objectives because:
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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.
Alderwood Village Subdivision No. 2 has been proposed for development in conformance
with the Eagle Comprehensive Plan, consistent with the requirements of Eagle City Code; and
b. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
Alderwood Village Subdivision No. 2 will provide similar lot sizes and density as Alderwood
Village Subdivision located adjacent to the proposed subdivision; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
Alderwood Village Subdivision No. 2 is proposed to be developed in a manner harmonious
with existing and future uses in the immediate vicinity. Twelve of the proposed lots will have
a shared alley access with lots located within the adjacent Alderwood Village Subdivision as
required pursuant to the approvals associated with Alderwood Village Subdivision; and
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The development is planned for residential similar to the character of the surrounding area, it
is not anticipated that any uses or activities will be detrimental to the surrounding properties
upon completion of the site work; and
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
All central services are available to be extended to the site, as noted within the letters provided
by the agencies having jurisdiction over the site. Development of sewer, water, drainage,
streets and other urban services will be provided at the developer's expense; and
f. That the development will not create excessive additional requirements at public cost for
public facilities and services.
All public facilities and services are supplied by the developer and must be approved at the
time of installation and before acceptance by the Eagle Sewer District, Eagle Water Company,
or Ada County Highway District; and
That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non -PUD proposal.
The development plan was designed with consideration given to usable open space and
pedestrian pathways; and
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
Access to the development will be from West Krasen Street from West State Street. The
applicant is also providing an emergency access from West State Street. The design and
construction of the roadways and entrances is guided by the Ada County Highway District;
g.
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and
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
The existing trees that are located on the site will be preserved or upon their removal (if
approved by the City) will be replaced with an equivalent amount of new trees in accordance
with Eagle City Code. The existing pond and wetlands will be maintained in its natural state;
J.
and
That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development fits well with the Comprehensive Plan since the plan calls for
Residential Four (up to four (4) units per acre); and
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This application requests approval for a preliminary development plan and conditional use
permit as outlined in Eagle City Code and satisfies those requirements as well as will be
required to meet the conditions herein and the executed development agreement associated
with the site. In addition, the developer will be required to submit an application for design
review and comply with all Eagle City Codes and conditions of approval of the design review;
and
,,oib, 1. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
The development provides for a residential use similar to the existing "neo -traditional"
development (Alderwood Village) located to the east.
2. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP -08-06) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the density of the zoning designation of R-4
(Residential- four dwelling units per acre maximum); and
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the
Eagle City Code since the development is consistent with the Comprehensive Plan and
provides the required improvements for a subdivision; and
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing and intended character of the general vicinity and that such
use will not change the essential character of the same area; and
d. Will not create excessive additional requirements at public cost for facilities and services
as the site will be served by Eagle Sewer District and will use public water served by
Eagle Water Company. Fire protection will be available from the Eagle Fire District and
fire hydrants will be provided as required; and
e. Will have vehicular approaches to the property designed to not create an interference with
traffic on surrounding public thoroughfares since the project is reviewed and approved by
Ada County Highway District and is subject to the conditions therein; and
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f. This development is in continuity with the capital improvement program since the
required public improvements have been installed on site, or are expected to be installed
with the development of individual Tots as conditions of approval; and
That based upon agency verification and written comments from the notified agencies or
as conditioned herein, there is adequate public financial capability to support the proposed
development; and
h. That any health, safety and environmental problems that were brought to the
Commission's attention have been adequately addressed by the applicant or will be
conditions of final plat approval as set forth within the conditions of approval above.
g.
3. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 7th day of July, 2014
PLANNING AND ZONING CO
OF THE CITY OF EAGLE
Ada • , Idab67
Don Roehling, Chairman
ATTEST:
Sharon . Bergmann, Eagle City C erk
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