Findings - CC - 2000 - A-3-00/RZ-2-00/CU-4-00/PPUD-3-00/PP-3-00 - Countryside Estates Planned Community
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A REZONE UPON ANNEXATION (WITH
DEVELOPMENT AGREEMENT), CONDITIONAL
USE PERMIT PLANNED UNIT DEVELOPMENT
PRELIMINARY DEVELOPMENT PLAN, AND
PRELIMINARY PLAT FOR COUNTRYSIDE
EST A TES PLANNED UNIT DEVELOPMENT
(CAPITAL DEVELOPMENT)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-3-00/RZ-2-00/CU-4-00IPPUD-3-00IPP-3-00
The above-entitled rezone upon annexation, conditional use permit, planned unit development
preliminary development plan, and preliminary plat applications came before the Eagle City
Council for their decision on October 24, 2000 (A-3-00/RZ-2-00) and on November 28, 2000
(CD -4-00/PPUD- 3 -OO/PP - 3-00).
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;
B.
c.
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Capital Development and Tom Ricks, represented by Becky Bowcutt and Richard
Cook with Briggs Engineering, are requesting an annexation and rezone from RT
(Rural Transition) and A-R (Agricultural-Residential) to R-2-DA-P (Residential
two units per acre maximum with development agreement to further limit
residential densities - PUD), conditional use, planned unit development
preliminary development plan, and preliminary plat approvals for Countryside
Estates Planned Community. The development (in its final form) consists of a
62.73-acre, 112-10t (92-buildable) residential subdivision. The site is located near
the northwest comer of Ballantyne Lane and State Street.
APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on April 13,
2000.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter
65, Idaho Code and the Eagle City ordinances on May 19, 2000, and on June 16,
2000. 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
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19, 2000, and on June 16, 2000. A courtesy notification was mailed to property
owners within three-hundred feet (300-feet) of the subject property on June 23,
2000. Requests for agencies' reviews were transmitted on April 14, 2000 in
accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and
the Eagle City ordinances on September 8,2000, October 7,2000, and on October
31, 2000. 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
September 6, 2000, October 6, 2000, and on October 26, 2000.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 24, 1999, the City Council denied a 174-10t preliminary plat for this
site.
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Residential One and A-R (Agricultural- Agricultural land
Residential Two (1 & 2- Residential) & RT (Rural
units per acre max.) Transitional)
Proposed No Change R-2-DA-P (Residential Countryside Estates
two units per acre PUD housing
maximum with development
development agreement to
further limit residential
densities - PUD)
North of site Residential One (I-unit RT (Rural Transitional) Residences &
per acre max.) Agricultural land
South of site Residential Two (2-units A-R (Agricultural- State Highway 44 &
per acre max.) and Residential) & RT (Rural Agricultural land
Mixed Use Transitional)
East of site Residential One and A-R (Agricultural - Residences and
Residential Two (1 & 2- Residential) & A Agricultural land
units per acre max.) (Agricultural)
West of site Residential One (1-unit R-l (Residential) & RT Residences and
per acre max.) (Rural Transitional) Agricultural land
G.
DESIGN REVæW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 62.73
Total Number of Lots - 112
Total Number of Units - 92
Residential - 92
Commercial - 0
Industrial - 0
Common - 20
Single-family - 92
Duplex - 0
Multi-family - 0
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Total Acreage of Any Out-Parcels - 0
Additional Proposed Required
Site Data
Dwelling Units 1.47 1.42-units per acre (approx. - maximum for a standard non-
Per Gross Acre PUD subdivision based on 36-acres of the site being zoned
R-l and 26.5-acres being zoned R-2)
Except that the City Council may permit an increased
density of up to 15% of the allowable number of dwelling
units provided that the requirements within ECC Section 8-
6-5-4 are fulfilled.
Minimum Lot 12,215 sq. ft. 17,000 sq. ft. (minimum in an R-2 zone)
Size Except that a decrease of minimum lot size in a subdi vision
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 8-2-4 (G).
Minimum Lot 86-feet 75-feet (minimum in an R-2 zone)
Width
Minimum 35-feet 35-feet
Street Frontage
Total Acreage 9.7-acres 9.7-acres (minimum)
of Common
Lots
Percent of Site 15.4% 15.4% (minimum)
as Common
Area
0 Special Setbacks proposed for one acre lots within the development:
Front
Rear
Interior Side
Street Side
30-feet
30-feet
IS-feet
30-feet
0 Special Setbacks proposed for all remaining lots within the development:
Front
Rear
Interior Side
20- feet
20-feet
7.5-feet
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Street Side
20-feet
I.
GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Will provide a total of 15.4% of common area. (15.4% required - see site data
above)
The pathway plan designates the Chevron pipeline as a public pathway. The
proposed site plan provides for a street (with separated sidewalk and 5-foot wide
landscape strip) and pathway in alignment with the Chevron pipeline. Three
micro-paths connect State Street, Ballantyne Lane and the linear open space for
convenient pedestrian and bicycle access.
A 30-foot landscape lot has been provided along the future State Street
realignment which oscillates to provide a meandering fence line. A combination
of berming, landscaping and fencing will be installed to provide an aesthetically
pleasing appearance from State Street and adequate buffering for future residents
of the development. The ordinance specifies a 35-foot separation between
residences and collector roadways. The 30-foot buffer area (combined with a 5-
foot wide maintenance easement along the rear portion of the lots abutting the
buffer area) with the installation of required berming, fencing, and landscaping
will provide adequate buffering for these residences from State Street.
A 25-foot landscape lot is proposed along Ballantyne Lane. Ballantyne Lane is
designated as collector roadway which requires a 35-foot separation between
abutting homes and the roadway. The 25-foot buffer area (combined with a 10-
foot wide easement along the rear portion of the lots abutting the buffer area) with
the installation of required berming, fencing, and landscaping will provide
adequate buffering for these residence from Ballantyne Lane.
Storm Drainage and Flood Control:
Street drainage plans have been submitted by the applicant as required by the
Subdivision Ordinance. 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) - No
Preservation of Existing Natural Features:
There are numerous existing trees located on this site. 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 iITeplaceable assets) shall be preserved in
the design of the subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be
required to be preserved. If during excavation or development of the site, any
historical artifacts are discovered, state law requires immediate notification to the
state.
J.
STREET DESIGN:
Private or Public Streets: Public
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': No
Cul-de-Sac Design, Sidewalks and Curbs and Gutters:
See ACHD staff report and site specific recommendations herein.
Tree lined streets, with a five foot wide planter strip between the sidewalk and
curb are proposed within this site
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 coITespondence from that committee.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
See "Open Space, Greenbelt Areas and Landscape Screening" under "I" above.
L.
PUBUC USES PROPOSED:
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Q.
R.
The proposed site plan provides for a public pedestrian connection (via a
combination of the sidewalks along the interior streets and separate pathways)
between Ballantyne Lane and the western portion of this site in alignment with the
Chevron pipeline. Three micro-paths connect State Street, Ballantyne Lane and
the linear open space for convenient pedestrian and bicycle access.
M.
PUBliC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - no
Unique Plant Life - no -
Unstable Soils - unknown
Wildlife Habitat - no
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.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated May 3,2000 are of special
concern (see attached).
Ada County Highway District
Central District Health
Drainage District #2 - Ringert Clark
Eagle Fire Department
Eagle Sewer District
Meridian School District
LETTERS FROM THE PUBLIC: None received to date.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant states that, "Countryside Estates is proposed to develop in three (3)
phases of 32j: lots, with an estimated final build-out in 3 years. Phase 1
construction is anticipated to begin in the fall of 2000 with lots available in spring
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of 2001.
Phase 1 will be adjacent to Ballantyne Lane.
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT
PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of the
general vicinity and how such use will not change the essential character of the same area.
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 typicaIly 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.
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12. That the benefits, combination of various land uses, and inteITelationship with the
suITounding 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.
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.
For a request of up to 10% of the gross land area to be directed to uses other than
residential (ie; commercial, industrial, public and quasi public uses that are not allowed
in the land use district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be a integral part of the PUD
20. That the uses are located and designed to provide direct access to a collector or arterial
street.
21. That the proposed street connections will not create congestion or traffic hazards.
In cases where an increase in residential density of up to 15% of the allowable number of
dwelling units is requested:
22. LANDSCAPING - For up to 5%
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use
of existing landscape, pedestrian way treatment, and recreational areas, incorporated into
this development, exceed that of a non PUD development.
23. SITING - For up to 5%
That the quality of the designs for visual focal points, use of existing features such as
topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular
circulation pattern, physical environment, variation in building setbacks, and building
grouping (such as clustering), incorporated into this development, exceed that of a non
PUD development.
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24. DESIGN PEA TURES - For up to 5%
That the quality of the designs for street sections, architectural styles, harmonious use of
materials, parking areas broken by landscaping features, and varied use of housing types,
incorporated into the development, exceed that of a non PUD development.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WillCR ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
.
Parks, Recreation, and Open Spaces:
PARKS - Section 9.4.2 "Objectives"
c. To provide a system of neighborhood parks where safe and convenient access
is available to residents.
d. To dedicate and develop areas for parks in new residential developments.
PATHWA YS AND GRENBELTS - Section 9.5.2 "Objectives"
b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
OPEN SPACE - Section 9.6.2 "Objectives"
b. To provide an open space setting for active and passive recreation for all age
groups throughout the community.
Section 9.6.3 "Policies"
b. To encourage cluster development to retain open space.
.
Transportation
Section 8.6 "Implementation Strategies"
e. Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle TransportationlPathway
Network Maps #1 and #2, adopted local and regional pathway plans, as may be
needed for intra-neighborhood connectivity and to ensure that bike and
pedestrian traffic is not unnecessarily pushed out onto arterials and collectors.
1. Encourage street lighting to increase roadway and neighborhood safety while
preserving a rural environment free of any unnecessary lighting.
p. Encourage sidewalks that are separated from the curb on all streets, except for
areas where Eagle City Code requires sidewalks to abut the curb and where existing
buildings, inordinate environmental impacts, or other impacts make setting the
sidewalk back infeasible. Meandering sidewalks should be required where space
permits. A planter strip of sufficient width for street trees between the sidewalk
and roadway should be required to provide a canopy effect over the roadways. The
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type of street trees used should be those which have root systems that have proven
to not cause sidewalk or curb damage when in close proximity to such
improvements.
q. Design and/or align roads to preserve existing trees wherever possible; safety shall
not be compromised.
.
Housing
Section 10.2 "Goal"
Encourage a variety of housing so that all residents can choose sound,
affordable homes that meet individual needs.
. Land Use
Section 6.7 "Implementation Strategies"
p. Encourage a verity of housing through such mechanisms as PUD's in
subdivisions including large lot subdivisions.
Comments: The proposed development provides for a variety of lot sizes and homes
which translates to a mixed housing product. This provides for different home values for
varying income groups who desire a planned development within close proximity to the
city center. A community has been designed to reflect walking paths, a linear park and
common area landscaping. The plan creates an environment which reflects a
neighborhood feel. By offsetting the sidewalks five feet from the roadway, a landscape
strip will run parallel with the roadway. By planting trees in the conidor a tree canopy
will emit a warmth and neighborhood atmosphere.
The proposed development utilizes transitional lot sizing to ensure compatibility with
adjoining residential development. Consideration has been given to the large estate lots
along the west boundary in Redwood Creek Subdivision. The lot sizes in Countryside
Estates on the west boundary adjoining Redwood Creek are one (1) acre in size to provide
for lot compatibility. One acre lots are proposed on both sides of the local street near the
northwest portion of the site. Smaller lots are proposed within the interior of the site and
along the perimeter next to realigned State Street and Ballantyne Lane
Parking facilities are proposed within the cul-de-sacs to alleviate on-street parking
problems and pedestrian/bicycle and vehicle conflicts where street frontages are reduced.
Landscaping will consist of a variety of native trees, shrubs, and flowers. Decorative
vinyl fencing is being considered for the perimeter of the site. The project is expanding
the City's pathway system along the Chevron pipeline as specified in the Comprehensive
Plan. Three micro paths connect State Street, Ballantyne Lane and the linear open space
for convenient pedestrian and bicycle access.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
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.
ECC 8-6-5-4: INCREASED RESIDENTIASIDENTIASIDENTIASIDENTIAr an
incentive for quality PUD, the Council may authorize an increased residential density of
up to fifteen percent (15%) of the allowable number of dwelling units. Character, identity
and architectural and siting variation incorporated in a development shall be considered
cause for density increases, provided these factors make up a substantial contribution to
the objectives of the PUD, which are as follows:
A. Landscaping (a maximum increase of five percent [5%]), streetscape, open spaces
and plazas, use of existing landscaping, pedestrianway treatment and recreational
areas;
B. Siting (a maximum increase of five percent [5%]), 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 (a maximum increase of five percent [5%]), street sections,
architectural styles, harmonious use of materials, parking areas broken by
landscaping features and varied use of housing types.
.
ECC Section 8-2-4 (0): 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.
.
ECC Section 8-7-3-3 CONDITIONAL USES "PUBUC SITES AND OPEN SPACES"
Public sites and open spaces shall conform to the following:
B. Natural Features: Existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees, water
courses, historic spots and similar ilTeplaceable assets) shall be preserved in the
design of the development.
C. Special Developments: In the case of planned unit developments and large-scale
developments, the Council may require sufficient park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
development.
.
ECC Section 8-7-3-5: CONDITIONAL USE PERMIT:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions
may be attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this Title.
.
ECC Section 8-6-1: PURPOSE "PLANNED UNIT DEVELOPMENTS":
It shall be the policy to guide a major development of land and construction by
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encouraging planned unit development (PUD) to achieve the following:
A. A maximum choice of living environments by allowing a variety of housing and
building types and permitting an increased density per acre and a reduction in lot
dimensions, yards, building setbacks and area requirements;
B. A more useful pattern of open space and recreation areas and, if permitted as part
of the project, more convenience in the location of accessory commercial uses,
industrial uses and services;
C. A development pattern which preserves and utilizes natural topography and
geologic features, scenic vistas, trees and other vegetation and prevents the disruption
of natural drainage patterns;
D. A more efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
E. A development pattern in harmony with land use density, transportation and
community facilities objectives of the Comprehensive Plan.
.
ECC Section 8-6-5-2: COMMON OPEN SPACE:
A. Required Common Open Space: A minimum of ten percent (10%) of the gross
land area developed in any residential PUD project shall be reserved for common
open space and recreational facilities for the residents or users of the area being
developed.
D. Clustering: Every property developed under the PUD approach should be designed
to abut upon common open space or similar areas. A clustering of dwellings is
encouraged.
.
ECC Section 8-2A-7 (1)(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 the distance from the outside wall of the lowest story of any single-family attached
or detached dwelling and the right-of-way line of the roadway. The lowest story must
be screened from the view of any street classified as a collector, arterial, freeway, or
expressway. This buffer is required either on individual lots or as an easement, or as
part of the common 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 center line) to the top of the proposed berming/fencing. The
required buffer area width, plantings, and fencing are as follows:
a. Any road designated as an urban or rural collector on the AP A Functional Street
Classification Map:
A minimum of thirty five feet (35') 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: four (4) shade trees, five (5) evergreen trees, and twenty four (24)
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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 five foot (5') high, maximum eight foot (8') high, berm, panelized
vinyl fence, decorative block wall, or 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 panelized vinyl fence, decorative block wall,
or 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 at the top of
the berm shall be provided for the placement of the fence or decorative block wall.
Panelized vinyl fencing shall be no higher than four feet (4'). Chainlink, cedar,
and similar high maintenance and/or unsightly fencing shall not be permitted.
The five foot (5') minimum height requirement for the benning/fencing shall be
pennitted to be decreased one foot (I') for every thirteen feet (13') of additional
buffer area added to the thirty five foot (35') wide buffer noted above.
C. SUBDIVISION ORDINANCE PROVISIONS
REGARDING THIS PROPOSAL:
WHICH OF SPECIAL CONCERN
.
ECC Section 9-3-8 (B) Natural Features: Existing natural features which add value to
residential development and enhance the attractiveness of the community (such as
trees, watercourses, historic spots and similar iITeplaceable assets) shall be preserved
in the design of the subdivision.
.
ECC Section 9-5-4-3 (C) Storage Areas: Storage areas shall be provided for the
anticipated needs of boats, campers and trailers. For typical residential development,
one adequate space shall be provided for every two (2) living units. This may be
reduced by the City Council if there is a showing that the needs of a particular
development are less.
.
ECC Section 9-5-4-3 (E) Maintenance Building: A maintenance building shall be
provided of such size and in such location as is suitable for the service needs that are
necessary for the repair and maintenance of all common areas.
D. DISCUSSION:
.
The Comprehensive Plan's land use map designations set the maximum density limit at
89-units (1.42-units per acre approx.) for a standard non-PUD subdivision for this site
(based on 36-acres of the site being zoned R-l and 26.5-acres being zoned R-2). The
applicant is proposing 96-units which is 7-units (7.8%) more than 89-units.
Eagle City Code Section 8-6-5-4 allows the City Council to permit increased density of
up to 15% of the allowable number of dwelling units provided that additional character,
identity, and architectural and siting variation is incorporated within the development.
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The factors which are to be considered (per ECC Section 8-6-5-4) for adding substantial
contribution to the development are as follows:
A. Landscaping (a maximum increase of five percent [5%]), streetscape, open
spaces and plazas, use of existing landscaping, pedestrianway treatment and
recreational areas;
B. Siting (a maximum increase of five percent [5%]), 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 (a maximum increase of five percent [5%]), street sections,
architectural styles, harmonious use of materials, parking areas broken by
landscaping features and varied use of housing types.
.
If the City approves a rezone to R-2-DA-P with development agreement limiting overall
density to 1.53-units per acre (96-lots on 62.7-acres) for this site, then the minimum lot
size (per ECC Section 8-2-4, R-2 zone) would be 17,000 square feet. However, ECC
Section 8-2-4 (G) generally states that a decrease in minimum lot size in a PUD
subdivision may be allowed if there is an offsetting increase of the same percentage in
open space. Minimum open space required per ECC Section 9-3-8 (D) and Section 8-6-
5-2 is 10%.
The applicant is proposing to decrease the minimum lot size of 60-10ts (smallest lot being
11, 874 sq. ft.) by a total of 191,930 square feet (4.4-acres) of decreased lot size. If a
minimum of 6.27-acres of open space is required for the site (10% of 62.7-acres) and the
applicant is proposing 6.77-acres of open space, then an additional 3.9-acres of open
space is required (total open space equaling 10. 17-acres). This is calculated as follows
(numbers represent open space in acres):
Minimum 10% open space required: 6.27
Open space proposed: 6.77
Amount proposed greater than 10%: 6.77 - 6.27 = 0.5
Open space required for offsetting decreased lot size: 4.4
Total open space required: (4.4 - 0.5 = 3.9) 3.9 + 6.27 = 10.17
.
Eagle City Code Section 8-6-6-3, requires all final development plans to be reviewed by
the Planning and Zoning Commission as well as the City Council. This is partly to allow
for additional City review for flexibility needed for long range and large PUDs.
.
ECC Section 8-7-3-3 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
water courses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the development.
There are three groves of existing trees located near the northeast, southwest, and
southeast comers of this site. Several other trees are located in various areas on this site,
specifically along the western property line. Staff recommends that all healthy trees (as
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detennined by a certified arborist) be preserved as proposed. The trees shall be protected
with construction fencing extending beyond the drip line of the tree during construction
of the subdivision.
.
Regarding Eagle City Code findings for a rezone, conditional use pennit, planned unit
development preliminary development plan, preliminary plat - As a part of the application
submittal for this project, and in accordance with application submittal requirement #14,
the applicant has provided a ten page document, dated April 13, 2000. The document
outlines how the applicant intends to guarantee that this project will meet the Eagle City
Code required findings for a rezone, conditional use pennit, planned unit development
preliminary development plan, and preliminary plat.
.
ECC Section 8-6-1 (A) states in part that a reduction in building setbacks may be
pennitted within a PUD.
The applicant is proposing the following setbacks: 30' -front, 30' -rear, 15' -side, and 30'-
street side for all one acre lots within this development. Staff recommends approval of
the setbacks proposed for the one acre lots since they are consistent with the minimum
setbacks required by ECC for one acre lots.
The applicant is proposing the following setbacks for the remaining lots within the
development: 20' -front, 20' -rear, 7.5' -side, and 20' -street side. These setbacks are the
same as required by ECC for 8,000 square foot lots in an R-4 zone. ECC setbacks for an
R-3 zone with lots ranging in size from 10,000 square feet to 16,000 square feet (similar
to this proposal) are: 30' -front, 25' -rear, 7.5' -side, 20' -street side.
.
ECC Section 9-5-4-3 (C) requires that storage areas be provided for the anticipated needs of
boats, campers, and trailers. Staff is not aware of any provision for the storage of such
accessories within this development. The applicant should provide a revised preliminary plat
showing an area specifically designated for the storage of boats, campers, and trailers or
provide justification as to the proposed alternate method of storage for such items (ie. -
CC&R's prohibiting storage of such items within the development). If an on-site storage area
is required, then the applicant should be required to obtain design review approval and should
construct the storage area prior to City Clerk signing the final plat for phase one.
.
ECC Section 9-5-4-3 (E) requires that a maintenance building be provided of such size and in
such location as is suitable for the service needs that are necessary for the repair and
maintenance of all common areas. Staff is not aware of any provision for any such
maintenance building within this development. The applicant should provide documentation
showing the proposed location and design of a maintenance building or provide justification
on how the maintenance of the common areas will be handled without the need of a
maintenance building. If an on-site maintenance building is required, then the applicant
should be required to obtain design review approval of the design and location and should
construct the maintenance building prior to the City Clerk signing the final plat for phase one.
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.
As noted in previous responses to the City, Chevron pipeline representatives have stated that
trees will not be allowed within the pipeline's easement area. Staff is concerned how the
applicant will install the proposed separated sidewalk and street trees along the section of W.
South Fork Drive that abuts the Chevron pipeline easement. The applicant should be required
to provide documentation from Chevron Pipeline indicating their position on these proposed
improvements within their easement. If these improvements cannot be placed within the
easement area, then a modification to this application will need to be applied for and approved
by the City prior to the City accepting a final plat application.
ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval of the annexation and rezone for the entire site to R-2-DA-P
(with a development agreement limiting the overall density to 1.53 units per acre). If the
City Council approves the rezone with development agreement, then staff recommends
approval of the conditional use permit, preliminary development plan, and preliminary
plat with the site specific conditions of approval and the standard conditions of approval
provided below:
PUBLIC HEARING OF THE COMMISSION:
A A public hearing on the applications was held before the Planning and Zoning Commission
on July 24,2000, at which time testimony was taken. The Commission continued this matter
until August 14, 2000, in order to receive additional testimony, closed the public hearing and
made their recommendation at that time. Commissioner Nordstrom recused himself based
upon a potential conflict of interest.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by eleven individuals on July 24, 2000 and seven on August 14, 2000. The
concerns addressed were generally related to traffic concerns, housing density on Ballantyne
Road, the ability of schools to serve the property, and whether PUD requirements are met.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by one individual who was in favor of the project.
D. The Commission received eleven letters, all in opposition to the project and these letters were
entered into the record and are incorporated into these findings by reference.
COMMISSION DECISION:
The Commission voted 4 to 0 (Nordstrom abstaining) to recommend that A-3-00/RZ-2-
00/CU-4-00/PPUD-3-00/PP-3-00 be denied for the following reasons:
A) The Commission does not agree with the rezone of the northern portion of the
property to the equivalent R-2 density, and are not aware of any recent zoning change
that exceeds the maximum shown on the Comprehensive Plan land use map, and do
not want to establish such precedent.
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B.) The Commission does not feel the P.D.D. density increase in lot size/set back bonuses
being requested by the applicant meet the criteria specified in Eagle City Code 8-6-5-
4. The Commission do not feel that what the applicant is offering in terms of layout,
landscaping and open space is significantly beyond that which may be offered in a
non-PUD development.
c.) The Commission does not feel that the development transitions well to the property to
the east.
D.) The Commission does not accept the re-routing of Ballantyne/State Street intersection
as a justification for a PUD density increase bonus. The City has already
compromised by awarding the landowner with a mixed-use designation for the land to
the south of the re-routed Ballantyne in exchange for moving the intersection.
Items that the Commission would recommend to the applicant that would help gain
approval of this development are:
1.) The northern portion of the property should be developed to a density not to exceed
the maximum allowed in a non-PUD R-l designation.
2.) The southern portion of the property should be developed to a density not to exceed
the maximum density allowed in a non-PUD R-2 zone designation.
3.) The boundary describing the northern and southern portion of this property shall
reflect the transition of land uses shown on the current Comprehensive Plan land use
map.
4.) From a minimum lot size perspective the boundary defining the northern versus the
southern portion of the property could be blurred in a PUD application as long as the
maximum density in recommendations 1 and 2 are not exceeded for each portion of
property.
5.) Provide a greater percentage of open space.
6.) Incorporate traffic calming features in the connection to Redwood Creek.
PUBLIC HEARING OF THE CITY COUNCIL:
A. A public hearing on the applications was held before the Eagle City Council on September
26, 2000, at which time testimony was taken, the public hearing was closed and the matter
was continued to October 24, 2000. The matter was renoticed and a public hearing was held
before the Eagle City Council on October 24, 2000 at which time testimony was taken, the
public hearing was closed and the Council made their decision on A-3-00 and RZ-2-00
(Rezone from RT and AR to R-2-DA-P). The Council continued CU-4-00/PP-3-00/PPUD-3-
00 (Conditional Use Permit, Preliminary Plat, and Preliminary Development Plan Planned
Unit Development) to November 14, 2000. On November 14, 2000 the matter was continued
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------- ---- --- --------.
to November 28, 2000. The matter was renoticed and a public hearing was held on
November 28, 2000 at which time testimony was taken and the Council made their decision
on CU-4-00/PP-3-00/PPUD-3-00 (Countryside Estates Planned Unit Development).
B. Oral testimony in opposition to this proposal was presented to the City Council by numerous
individuals at each of the public hearings on September 26, 2000, October 24, 2000 and
November 28, 2000. The concerns addressed were generally related to traffic concerns,
housing density on Ballantyne Road, the ability of schools to serve the property, and whether
PUD requirements are met. Additional concerns were raised regarding density transition
between Redwood Creek and this development, open space and improvements justifying a
PUD.
C. Oral testimony in favor of this proposal was presented to the City Council by one individual
who was in favor of the project in addition to the Applicant and their representatives.
D. The Commission received several letters, all in opposition to the project and these letters
were entered into the record and are incorporated into these findings by reference.
COUNCIL DECISION REGARDING A-3-00 & RZ-2-00:
The Eagle City Council voted 3 to 0 (Sedlacek abstaining) to approve A-3-00 & RZ-2-00
for annexation and rezone from RT (Rural Transition) and A-R (Agricultural-Residential)
to R-2-DA-P (Residential two units per acre maximum with development agreement to
further limit the overall density of the site to 1.47-units per acre).
NOTES:
1. As indicated by the Council, this decision does not indicate any precedence regarding
the zoning of property within the City to any classification other than the equivalent to
what is shown on the Comprehensive Plan Land Use Map. The decision to zone this
entire piece of property to R-2-DA-P (even though a portion of the property is shown
on the Comprehensive Plan Land Use Map as "Residential One") is based on the
finding that the Land Use Map divides the site into two different designations; and
that with the use of a development agreement, the overall density for the site will be
limited to what would have been otherwise allowed within a split zoning for the site
(R-l and R-2 zones); and a PUD will be required for the development of the site.
Therefore, the City can be assured that any development will be limited beyond what
may have been allowed within a split zoning for the site (R-l and R-2 zones).
2. The Development Agreement, with file name of "Countryside Estates da final cc
version. doc" noted at bottom of each page, is incorporated into these Findings of Fact by
reference.)
COUNCIL DECISION REGARDING CU-4-00IPPUD-3-00IPP-3-00
The Eagle City Council voted 3 to 0 (Sedlacek abstaining) to approve CU-4-00/PPUD-3-
00/PP-3-00 for a conditional use, planned unit development preliminary development
plan, and preliminary plat for Countryside Estates Planned Community, a 62.73-acre,
112-1ot (92-buildable) residential subdivision (based upon the preliminary plat presented
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at the November 28, 2000, City Council hearing), with the following site specific
conditions of approval and the standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROV AL:
1.
Comply with all site specific recommendations provided within the City's Engineering
firm's (Holladay Engineering) letter dated May 3,2000.
2.
The developer shall provide 3-inch minimum caliper 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 each lot corner with the distance
between trees to be no more than 80-feet or less than 35-feet. The trees shall be located
in a landscape strip between the sidewalk and the curb. Prior to the City Clerk signing
the final plat for each phase, the applicant shall either install the required trees,
landscaping, and inigation or provide the City with a letter of credit for 150% of the cost
of the installation of all landscape and inigation improvements within the 5 foot wide
landscape strip.
3.
Other than the sidewalks along the streets, meandering pathway/trails within the
subdivision shall be 6 foot wide asphalt or concrete.
4.
The concrete sidewalks proposed along Ballantyne Lane and State Highway 44 abutting
this site shall be a minimum of 5-feet wide.
5.
Final development plans shall be reviewed as "New Business" items and not as "Public
Hearing" items unless the City determines that any difference between the preliminary
development plan and final development plan needs additional public comment because
of possible impacts to surrounding property owners, to this development, or to the
community, or inconsistency with the conditions herein. If the City determines that a
public hearing shall be held on the final development plan, notice shall be provided for
(as was required for the preliminary development plan).
6.
All existing, health trees ( as determined by a certified arborist) located on the site shall
be preserved as proposed. The trees shall be protected with construction fencing
extending beyond the drip line of the tree during construction of the subdivision.
7.
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." Traffic calming
devices such as those in The Colony Subdivision shall be placed on the street that will
connect with Redwood Creek Subdivision (West Conifer Court).
8.
The applicant shall increase the width of the 30-foot wide buffer area along State Street
(realigned) to 35-feet wide.
9.
The portion of the buffer area that abuts State Highway 44 (principal arterial) shall be
increased to 75-feet wide in accordance with the Eagle City Code.
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10.
11.
12.
The applicant shall increase the width of the 25-foot wide buffer area along Ballantyne
Lane to 35-feet.
Usable park amenities such as, picnic tables, gazebos, swing sets, basketball courts, ball
fields, tot lots, meandering pathways and/or similar amenities shall be provided within the
open space areas. Landscape plans showing open space amenities shall be reviewed and
approved by the Design Review Board.
Minimum building setbacks, lot sizes and lot widths shall be as stated within the "Site
Data" section "H" within the City Council's Findings of Fact and Conclusions of Law
with the following conditions: 1) The front yard setbacks on all lots less than one acre
shall be no less than 30-feet, 2) Side yard setbacks for 2-story structures shall be lO-feet
rrummum.
13.
The street and pathway configuration shall remain substantially as shown on the
Preliminary Development Plan submitted to the City with this application on November
28, 2000.
14.
Subdivision signage, common area, recreation center, street trees, existing trees,
pathways, buffer areas, and perimeter fencing shall be reviewed and approved by the
Design Review Board prior to approval of the final development plan.
15.
The entire Countryside Estates development shall remain under the control of one
Homeowners Association.
16.
The developer shall provide a copy of the subdivision CC&R's detailing the criteria for
storage of recreational vehicles, utility trailers etc. within the development.
17.
The applicant shall be required to provide documentation from the Chevron Pipeline
indicating their position on landscape and sidewalk improvements within their easement.
If these improvements cannot be placed within the easement area, then a modification to
this application will need to be applied for and approved by the City prior to the City
accepting a final plat application.
18.
The drainage area shall be planted with native materials, grasses or other vegetation that
would eliminate weeds from that area of the development. Specific plantings shall be
reviewed and approved by the Design Review Board prior to City approval of a final plat.
19.
Construct Grassy Flats Street, off of Ballantyne Lane with a minimum of twenty one feet
(21') of pavement with curbs, gutters, and sidewalks to either side of a center median
offset one hundred and fifty feet (150') from the roadway (as measured from center line
to center line). The median shall be constructed a minimum of 4-feet wide to a total 100-
square foot area. The applicant shall be required to dedicate 54-feet of right-of-way plus
the additional width of the median.
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20.
21.
22.
The park area shown on the plat (350-feet x ISO-feet in size) shall not be used for water
retention unless subsurface drainage is provided that will allow recreation to occur on the
lot.
Any pathway abutting a backyard shall be constructed prior to issuance of a building
permit for the abutting lot.
The landscape berms along Ballantyne Road and the new realignment called "Future
Ballantyne/State Street Realigned Arterial" on the preliminary plat shall be a minimum of
5-feet in height above the centerline of the adjacent roadway or planned roadway and
shall not be allowed to be reduced.
ST ANDARD CONDITIONS OF APPROVAL:
2.
3.
4.
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.
CoITect 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.
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.
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 imgation rights, transfer and disclosure, the
water rights appurtenant to the lands in said subdivision which are within the imgation
entity will be transfeITed from said lands by the owner thereof; or the subdivider shall
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9.
12.
provide for underground tile 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.
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, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, 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.
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
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13.
14.
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.
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.
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 an-angements to comply with all requirements of the Fire
Department.
The proposed fire hydrant locations shall be reviewed and be approved in writing
by the Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two
family dwellings, 1,500 gallons per minute for dwellings having a fire area in
excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses
(i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall 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.
The proposed fire protection system shall be reviewed and approved by the Eagle
Fire Department prior to issuance of a building permit.
b.
c.
d.
15.
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.
16.
Should the homeowner's association be responsible for the operation and maintenance of
the storm drainage facilities, the covenants and restrictions, homeowner's association by-
laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be
reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the
final plat.
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17.
18.
19.
20.
21.
22.
23.
24.
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.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or
any other area designated by the City Councilor 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.
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.
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".
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.
The development shall comply with the Boise River Plan (if applicable) in effect at the
time of City Council consideration of the final plat.
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.
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.
25.
Basements in homes in the flood plain are prohibited.
26.
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.
27.
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
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28.
29.
30.
31.
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.
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.
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.
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.
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.
CONCLUSIONS OF LAW:
1. The applications for this item were received by the City of Eagle on April 13, 2000.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission
was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City ordinances on May 19,2000, and on June 16,2000. 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 19, 2000, and on June 16, 2000. A courtesy notification was mailed to property
owners within three-hundred feet (300-feet) of the subject property on June 23, 2000.
Requests for agencies' reviews were transmitted on April 14, 2000 in accordance with the
requirements of the Eagle City Code.
3. Notice of Public Hearing on the application for the Eagle City Council was published in
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accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on September 8,2000, October 7,2000, and on October 31,2000. 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 September 6, 2000, October 6, 2000, and on October 26, 2000.
4. In accordance with Eagle City Code findings for a rezone with development agreement,
conditional use permit, preliminary development plan, and preliminary plat the Eagle City
Council makes the following conclusions for RZ-2-00/CU-4-00/PPUD-3-00/PP-3-00
(Countryside Estates Planned Unit Development):
A. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-
2-00) 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 rezone is
in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
1. The requested zoning designation of R-2-DA-P is in accordance with the
Residential One and Residential Two Use designations on the Comprehensive
Plan Land Use Map since the Land Use Map divides the site into two different
designations; and that with the use of a development agreement, the overall
density for the site will be limited to what would have been otherwise allowed
within a split zoning for the site (R-l and R-2 zones); and a PUD will be
required for the development of the site. Therefore, the City can be assured
that any development will be limited beyond what may have been allowed
within a split zoning for the site (R-l and R-2 zones);
2. The information provided from the agencies having jurisdiction over the
public facilities needed for this site indicate that adequate public facilities
exist, or are expected to be provided, to serve any and all uses allowed on this
property under the proposed zone;
3. The proposed rezone is compatible with the current and future zoning and uses
to the east, west, north and south;
4. The land proposed for rezone is not located within a "Hazard Area" or
"Special Area" as described in the Comprehensive Plan; and
5. No non-conforming uses are expected to be created within this rezone.
B. That the proposed PUD (PPUD-3-00) 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, because the development offers a mix of lot sizes ranging from
smaller lots located near the southeast comer of the site (near the intersection of State
Highway 44 and Ballantyne Road) and transitioning to larger lots near the northwest
portion of the site adjacent to Redwood Creek Subdivision; and since the open spaces
provided (9.7-acres) will provide recreation areas for the residences within the
subdivision.
C. That the development be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of the
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general vicinity and how such use will not change the essential character of the same area
as required per the conditions of approval stated herein and as required within the
development agreement.
D. That the development will not be hazardous or disturbing to existing or future
neighborhood uses as it is compatible with the surrounding property and the proposed
uses as set forth in the Comprehensive Plan.
E. 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.
F. 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 as set forth in the responses received by the various agencies and
the testimony of the applicant.
G. That the development will not create excessive additional requirements at public cost for
public facilities and services, as all services are available to this property as indicated by
the service providers and the applicant or as conditioned herein. All infrastructure
necessary to support the needs of project (sewer, water, streets, telephone, gas and power)
will be provided by the applicant.
H. 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 as noted on the preliminary development
plan/preliminary plat date stamped by the City on November 22, 2000 (incorporated into
these findings by reference) and will be provided with amenities as conditioned herein.
I. That the vehicular approaches to the property are designed to not create an interference
with traffic on surrounding public thoroughfares as determined by ACHD and as
determined by the City Council specifically requiring the northerly entrance for this site
to align with Hereford Drive to the east.
J. That the development will not result in the destruction, loss, or damage of a natural,
scenic or historic feature of major importance since the existing trees located on the site
are proposed to be retained and since no other scenic or historic feature of major
importance appears to exist on site.
K. That the proposed development will be harmonious with and in accordance with the
general objectives or with any specific objective of the Comprehensive Plan since the
project is expanding the City's pathway system along the Chevron pipeline as specified in
the Comprehensive Plan; since the development provides for a mix of housing types and
lot sizes; since the preliminary development plan shows lots on the perimeter of the
development the same size as existing lots surrounding the development as encouraged
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within the Comprehensive Plan; and since the development offers open space for
recreational uses for the residences within the development.
L. That the proposed development will be harmonious with and in accordance with the
general objectives or with any specific objective of Eagle City Code Title 8 as it provides
for open space exceeding required minimums, provides for a mix of housing types and lot
sizes, provides for lot configurations that preserves existing trees, and provides lot layouts
which make available for possible house orientation to take advantage of views of
sUITOunding mountains/vistas.
M. 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 as shown above taking into account the large lot sizes
proposed generally along the north and west perimeter of the site so as to provide a
appropriate transition to existing lots, and the open spaces provided and amenities
required herein.
N. 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.
O. That an estimate of the public service costs to provide adequate service to the
development has been provided by the developer.
The 1998-99 City of Eagle adopted budget shows total General Fund, including Library
Fund expenditures of $3,386,534. Utilizing APA's household estimates for 1998 of 4,038
and adding approximately 250 new households (based on historic building permit
activity) equals approximately 4,288 households in 1999. The resulting cost for city
funded services is approximately $789.77 per dwelling unit.
P. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
An analysis of the property tax revenue is reached by determining the average market
value of properties in the Ranch at full build-out. Different home types have been
assigned reasonable home values based on residential prices that exist today in the
marketplace. Considering the homeowner exemption of $50,000, the average taxable
home value is estimated at $250,000. The current property levy in Eagle is .014643586
with .003459464 specifically designated for Eagle's General Fund, Eagle Fire District and
Eagle Sewer District. The resulting tax revenue generated by this project is $864.87 per
housing unit (1998 dollars).
Q. 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.
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. -- -..-. -~---_. --.... -
Based on the analysis provided in sections P and Q, the Countryside Estates PUD will
result in excess revenues to the city. Individual household public service costs to the City
of Eagle General Fund, Eagle Fire District and Eagle Sewer District is estimated at
$789.77. Anticipated revenues of $864.87 per household more than offset this cost.
5. The Council reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-3-00) and based upon the infonnation 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 approved zoning
designation of R-2-DA-P (Residential with a Development Agreement and PUD); and
b. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or Eagle City
Code Title 9, as shown within the findings provided within this document and the
proposed residential use is in accordance with the residential land use designation of
this area shown within the Comprehensive Plan;
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 as
required per the conditions of approval stated herein and as required within the
development agreement;
d. Will not create excessive additional requirements at public cost for facilities and
services as all services are available to this property as indicated by the service
providers and the applicant or as conditioned herein. All infrastructure necessary to
support the needs of project (sewer, water, streets, telephone, gas and power) will be
provided by the applicant;
e. Will have vehicular approaches to the property designed to not create an interference
with traffic on surrounding public thoroughfares as detennined by ACHD and as
determined by the City Council specifically requiring the northerly entrance for this
site to align with Hereford Drive to the east;
f. This development is in continuity with the capital improvement program since the
required public improvements have been installed on site, or are expected to be
installed with the development of individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle
Fire Department and the Ada County Highway District, 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 and Council's attention have been adequately addressed by the
applicant or will be conditions of final plat approval as set forth within the conditions
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of approval above.
DATED this 19th day of December, 2000.
AMENDED this 13th day of February, 2001
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Rick y~
I,.
ATTEST:
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