Findings - PZ - 2000 - RZ-6-00/CU-7-00/PPUD-5-00/PP-7-00 - Rz From R-4 To Mu-Da-P/4.6 Acre/20 Lot/653 N. Eagle Road
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A REZONE WITH DEVELOPMENT AGREEMENT,
CONDITIONAL USE PERMIT, PLANNED UNIT
DEVELOPMENT PRELIMINARY DEVELOPMENT
PLAN, AND PRELIMINARY PLAT FOR
SPRING CREEK III PLANNED UNIT
DEVELOPMENT SPRING CREEK ASSOCIATES LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-6-001 CU-7-00IPPUD-5-00IPP-7-00
The above-entitled rezone with development agreement, conditional use permit, planned unit development
preliminary development plan, and preliminary plat applications came before the Eagle Planning and
Zoning Commission for their recommendation on July 24, 2000.
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:
Spring Creek Associates LLC, represented by Mark Butler with Land Consultants Inc., is
requesting a rezone from R-4 (Residential- four units per acre) to MU-DA-P (Mixed Use
- with Development Agreement-PUD), conditional use, planned unit development
preliminary development plan, and preliminary plat approval for Spring Creek ID. The
4.6-acre, 20-lot (I8-residential, I-commercial, and I-common) subdivision is located on
the northwest comer of Eagle Road and Ranch Drive extended at 653 North Eagle Road.
B.
APPLICATION SUBMITTAL:
The applications for this item was received by the City of Eagle on May 18,2000.
c.
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 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 July 7,2000. Requests for agencies' reviews were transmitted on June 2, 2000 in
accordance with the requirements of the Eagle City Code.
D.
HISTORY OF PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Mixed Use R-4 (Residential) Residence/Agricultural
Proposed No Change MU-DA-P (Mixed Use - Assisted Living
Development Agreement - Facility !Residences
PUD)
North of site Mixed Use R-4 (Residential) Residential! Agricultural
South of site Mixed Use R-4 (Residential) Methodist Church
East of site Mixed Use R-9 (Residential) & A Contractors
(Agricultural) Y ard/ Agricultural
West ofsite Residential Four (four units R-4 (Residential) Planned Residential
per acre maximum) Subdivision
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 4.6-acres
Residential- 3.21-acres
Assisted living - 1.39 - acres
Total Number of Lots - 20
Residential - 18
Commercial- I (Assisted Living Facility)
Industrial - 0
Common - 1
Total Number of Units - 18
Single-family - 0
Duplex - 18
Multi-family - 0
Total Acreage of Any Out-Parcels - O-acres
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 5.6-units 20-units per acre maximum
Minimum Lot Size 2,546-square feet 7,000-square feet
Minimum Lot Width 38-feet 50-feet
Minimum Street Frontage 230-feet (street adjacent to 35-feet
the assisted living facility)
Total Acreage of Common Area 1.43-acres 0.84-acres (minimum)
Percent of Site as Common Area 31% 18.2% (minimum)
Special setbacks proposed for this site:
Setbacks and lot coverage requirements are proposed to be calculated by considering the entire
subdivision as a whole. Perimeter setbacks are proposed to be measured from the subdivision's
perimeter property line and not from the individual lot property lines within the subdivisions.
Perimeter setbacks are be as follows:
Front - 20-feet (from Eagle Road);
Back - 20-feet (from west property line);
Street Side - 20-feet (from Ranch Drive); and
Side - 7.5-feet (from north side).
The site is planned so that setbacks are measured form the perimeter of the subdivision so as to
allow the residential dwelling units to be constructed within the entire residential lot (zero lot
lines). The exterior walls of the dwelling units are proposed to be constructed to the dwelling
lot line. To provide compliance with UBC Table 5, to allow exterior walls of residential units
to be constructed of non-fIfe rated materials, a minimum of lO-feet is required between
residential buildings.
I.
GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Will provide a total of 31 % of common area. (18.2 required - see site data above)
The applicant states, "Regarding parks, ponds, open areas, areas of special interest,
floodplain and any other special features, the site consists of 47.5% (95,179-square feet)
of open space, far more than any other PUD has provided within the City of Eagle. Eagle
City Code (ECC) Section 8-6-5-2 (A) requires a minimum of 10% (20,038-square feet) of
open space. The additional amount of open space required for the zero lot line lots, per
ECC Section 8-2-4 (G), is 16,412-square feet. The extensive amount of open space will
provide a very pleasant landscaped setting with a pathway, pond, seating areas and views
of the Dry Creek, which is classified as an "Area of Special interest" by the Eagle 2000
Comprehensive Plan. The land plan takes advantage of the sloped area by providing for
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daylight basements and views also of Dry Creek from some of the dwelling units. A pond
is planned to be within the 100 year floodplain and no dwelling units will be built within
that area. The accessory living facility and parking areas have been carefully positioned
upon the site to preserve a large maple tree that is estimated to be approximately 100 years
old."
Eagle City Code Section 8-2A-7 (J)(4)(b) requires a minimum 50-foot wide landscape
buffer area between minor arterials and new residential developments.
Berming, fencing and landscaping details are required for Design Review Board review
and approval prior to City approval of a final plat
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 develop develop develop developents. 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.
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:
One 6l-inch (caliper) maple tree is located on site. The tree is proposed to be preserved.
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:
The site abuts Eagle Road on the east and Ranch Drive (extended) on the south. No new
public street extensions are proposed with this development.
A 5,200-square foot (approx.) paved parking lot provides parking for vehicles using the
assisted living facility. One 25-foot wide driveway is proposed to be located on the east
side of this site approximately 220-feet north of the northwest comer of the intersection of
Eagle Road and Ranch Drive extended providing access to Eagle Road. One 25-foot wide
driveway is proposed to be located on the south side of this site approximately 270-feet
west of the northwest comer of the intersection of Ranch Drive extended and Eagle Road
providing access to Ranch Drive.
A private driveway is proposed to serve the residential units for this site. The driveway
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will be constructed to ACHD minimum standards for a public street.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: N/a
Sidewalks:
An existing 5-foot wide concrete sidewalk (separated from the curb) and 3.5-foot wide
landscape strip with grass is located along Eagle Road abutting this site. A 5-foot wide
concrete sidewalk (attached to the curb and street) is proposed along the westerly
extension of Ranch Drive abutting this site.
To enhance pedestrian circulation throughout this site, the applicant is proposing an 6-foot
wide asphalt pathway along the north and west sides of this site (connecting the sidewalk
on Eagle Road to the sidewalk on the westerly extension of Ranch Drive).
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed.
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: No new streets are proposed with this application.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE 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
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 - yes
Mature Trees - yes
Riparian Vegetation - no
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Steep Slopes - no
Stream/Creek: no
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. However, a hillside report, dated May 18,2000, has been provided by the applicant.
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 June 19, 2000 are of special
concern (see attached).
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
Q.
LETTERS FROM THE PUBLIC: None received to date.
R.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant states, "The project is planned to be developed in phases with exact timing
and sequencing to be determined by the owners. It is anticipated that the assisted living
facility will be constructed within a year after City approvals and that construction of the
residential units will start after the start of construction of the assisted living facility. A
three year completion time is expected for the entire project."
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.
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6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open space,
recreation, maintenance, schools and solid waste collection.
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
(i. e." commercial, industrial, public and quasi public uses that are not allowed in the land use
district):
1 7. 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 an integral part of the PUD.
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20. That the uses 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.
24. DESIGN FEATURES - 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 WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this area as Mixed Use.
.
Land Use
Section 6.3 "Mixed Use"
Suitable primarily for a variety of uses such as limited office, limited commercial,
and residential developments. Uses should complement uses within the Central
Business District (CBD). Development within this land use designation should be
required to proceed through the PUD and/or Development Agreement process.
Residential density of up to twenty dwelling units per gross acre may be
considered by the City for this area.
Section 6.7 "Implementation Strategies"
g. The mixed use area shown along both sides of Eagle Road between State
Street and Floating Feather Road is to allow development such as higher
density residential dwelling units and/or facilities such as senior assisted
housing, nursing homes and convalescent homes. Commercial uses in this
area are not permitted.
c. Provide for a broad spectrum of housing types including apartments,
townhouses, condominiums, single family attached, manufactured homes,
affordable and subsidized housing and large acreage developments.
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p. Encourage a variety of housing through such mechanisms as PUD's in
subdivisions including large lot subdivisions.
.
Transportation
Section 8.6 "Implementation Strategies"
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 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.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-6-5-1: MINIMUM AREA: A PUD for the following principal uses shall contain
an area of not less than: B. Five (5) acres for residential use with subordinate commercial or
industrial uses.
.
ECC Section 8-7-3-3 CONDITIONAL USES "PUBLIC 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 irreplaceable 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 !:!enerally required in this Title.
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.
ECC Section 8-6-1: PURPOSE "PLANNED UNIT DEVELOPMENTS":
It shall be the policy to guide a major development of land and construction by encouraging
planned unit development (PUD) to achieve the following:
A. A maximum choice of living environments bv 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.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
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 irreplaceable
D. DISCUSSION:
.
The Comprehensive Plan Land Use Map designates this site as Mixed Use (for the purpose of
allowing higher density residential developments. Specific text within the Plan limits the
development of this site to residential uses only (up to 20-dwelling units per acre). To assure
conformance with the Comprehensive Plan, the applicant has proposed that the following
conditions be placed within a development agreement (underline text recommended to be added
by staff) :
1. The Property shall be developed with residential units and an assisted living facility generally
as shown on the attached Concept Plan (Exhibit "B"). The Concept Plan represents the
Applicant's current concept for completion of the project. As the Concept Plan evolves, the
City understands and agrees that certain changes in that concept may occur. Such changes, if
proposed by the Applicant, shall be reviewed by the City as "New Business" items and not as
"Public Hearing" items unless the City determines that any such changes require additional
public comment due to potential impacts on surrounding property or the community. If the
City determines that a public hearing shall be held on any proposed change in the Concept
Plan, notice shall be provided as may be required by the City.
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2. The owner shall submit a Planned Unit Development (PUD) application for the site (in
accordance with Eagle City Code), and shall comply with all conditions required by Eagle as a
part of the PUD.
3. The owner shall submit a Design Review application for the site (as required by the Eagle City
Code), and shall comply with all conditions required by Eagle as a part of the Design Review.
4. No finished floor (including the floors of daylight basements) shall be less than three feet (3')
above the BFE (base flood elevation) as established on the National Flood Insurance Rate Map
(Panel No. 153).
5. Finished floor elevations shall be above 2.578-feet NGVD.
6. The development shall comply with the Eagle City Code, as it exists in final form at the time
an application is made and the conditions within this agreement shall be satisfied.
.
This site is approximately 4.6 acres in size. The minimum development area for a residential PUD
with subordinate commercial uses is 5-acres. Staff believes that the design of the 4.6-acre Spring
Creek ill PUD will assure compliance with the City's Comprehensive Plan Goals for this area
since it is primarily a residential development with an associated assisted living facility (as
described in the Comprehensive Plan for this area) and since the smaller area will not cause a
decrease in open space for the site (31 % open space is proposed).
.
Regarding Eagle City Code findings for a rezone, conditional use permit, planned unit
development preliminary development plan, preliminary plat, - As a part of the application
submittal requirements for this project, and specifically in accordance with the Planned Unit
Development application submittal requirement #12, the applicant has provided 14-pages of
justification (documents, dated May 17, 2000). The documents outline how the applicant intends
to guarantee that this project will meet the Eagle City Code required findings for a rezone,
conditional use permit, planned unit development preliminary development plan, and preliminary
plat. Staff has reviewed the document and believes that the findings have been well addressed.
.
The sidewalk shown along the westerly extension of Ranch Drive abutting this site should be
separated from the curb to allow for the installation of a 5-foot wide landscape strip with trees
between the street and the sidewalk.
.
Staff will provide detailed discussion regarding this proposed development during the oral
presentation at the Planning and Zoning Commission and City Council meetings.
STAFF RECOMMENDATIONS PROVIDED WITHIN THE STAFF REPORT:
Staff recommended approval of the rezone with the following conditions to be placed within a
development agreement:
1. The Property shall be developed with residential units and an assisted living facility
generally as shown on the attached Concept Plan (Exhibit "B"). The Concept Plan represents the
Applicant's current concept for completion of the project. As the Concept Plan evolves, the City
understands and agrees that certain changes in that concept may occur. Such changes, if proposed
by the Applicant, shall be reviewed by the City as "New Business" items and not as "Public
Hearing" items unless the City determines that any such changes require additional public
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comment due to potential impacts on surrounding property or the community. If the City
determines that a public hearing shall be held on any proposed change in the Concept Plan, notice
shall be provided as may be required by the City.
2. The owner shall submit a Planned Unit Development (PUD) application for the site (in
accordance with Eagle City Code), and shall comply with all conditions required by Eagle as a part
of the PUD.
3. The owner shall submit a Design Review application for the site (as required by the Eagle
City Code), and shall comply with all conditions required by Eagle as a part of the Design Review.
4. No finished floor (including the floors of daylight basements) shall be less than three feet
(3') above the BFE (base flood elevation) as established on the National Flood Insurance Rate
Map (Panel No. 153).
5.
Finished floor elevations shall be above 2.578-feet NGVD.
6. The development shall comply with the Eagle City Code, as it exists in final form at the
time an application is made and the conditions within this agreement shall be satisfied.
Staff recommended approval of the conditional use permit, planned unit development preliminary
development plan, and preliminary plat for Spring Creek ill PUD with the site specific conditions
of approval and the standard conditions of approval provided within the staff report.
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 and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by four individuals. The concerns addressed were generally related to limiting glare from site lighting,
service truck access, flood way issues, adequate parking for the assisted living facility, watering the
tree, the residential component being a gated community and proper wheelchair accessibility.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
individual. The individual was one of the developers of the project. He addressed some of the
questions raised by the Commission and public.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend that the request for approval of the PPUD-5-00
portion of the application be denied and that all of the items that were addressed as PPUD-5-00 be
incorporated into the Conditional Use and Development Agreement portions of this application.
(The recommendation is due to the facts that the site is less than the 5 acres required per Eagle
City Code Section 8-6-5-1 (B)) and the Development Agreement (RZ-6-00) may be utilized in lieu
of the PUD as provided for within Eagle City Code Section 8-2-1).
Furthermore, the Commission recommended approval of RZ-6-00, PP-7-00 and CU-7-00 (Spring
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creek ill Development) with the staff recommended site specific conditions of approval with the
following conditions and deletions: (strike through text to be deleted from staffs recommendation
and underlined text to be added to staffs recommendation);
CONDITIONS OF APPROVAL FOR DEVELOPMENT AGREEMENT (RZ-6-00):
1. The Property shall be developed with residential units and an assisted living facility generally as
shown on the attached Concept Plan (Exhibit "B"). The Concept Plan represents the Applicant's
current concept for completion of the project. As the Concept Plan evolves, the City understands and
agrees that certain changes in that concept may occur. Such changes, if proposed by the Applicant,
shall be reviewed by the City as "New Business" items and not as "Public Hearing" items unless the
City determines that any such changes require additional public comment due to potential impacts on
surrounding property or the community. If the City determines that a public hearing shall be held on
any proposed change in the Concept Plan, notice shall be provided as may be required by the City.
2. The owner shall submit a Planned Unit Development (PUD) application for the site (in accordance
with Eagle City Code), and shall comply with all conditions required by Eagle as a part of the PUD.
3. The owner shall submit a Design Review application for the site (as required by the Eagle City
Code), and shall comply with all conditions required by Eagle as a part of the Design Review.
4. No finished floor (including the floors of daylight basements) shall be less than three feet (3')
above the BFE (base flood elevation) as established on the National Flood Insurance Rate Map (Panel
No. 153).
5. Fiøished flam eleyatioBs shall be above 2,578 feet NGVD.
6. The development shall comply with the Eagle City Code, as it exists in final form at the time an
application is made and the conditions within this agreement shall be satisfied.
SITE SPECIFIC CONDITIONS OF APPROVAL FOR CU-7-00IPP-7-00:
1.
Comply with all site specific recommendations provided within the City's Engineering firm's
(Holladay Engineering) letter dated June 19,2000.
2.
The sidewalk shown along the westerly extension of Ranch Drive abutting this site should be
separated from the curb to allow for the installation of a 5-foot wide landscape strip with trees
between the street and the sidewalk.
3.
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).
4.
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
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conditions: The additional 5-foot setback required for two story structures shall be waived for the
front, back and street sides of all units within the subdivision. The additional 5-foot per story setback
required from interior lot lines shall permitted to be decreased to 2.S-feet only. All duplex structures
(two dwelling units each) shall a minimum separation of 10-feet (from other duplexes).
5.
The residential development (excluding the assisted living facility) shall be limited as follows:
a. 18 dwelling units shall be permitted.
b. Upon review of final development plans the City may encourage that dwelling units be designed
with front porches to provide a neo-traditionallook.
c. If decreased setbacks are approved garage doors will still be required to be a minimum of 18-feet
from the garage side of any sidewalk to allow sufficient room for a car to park in front of the
garage without blocking the sidewalk.
d. All dwelling units shall be designed so that garage doors do not dominate the fronts of the
dwellings.
e. Common walls between attached units shall be insulated to mitigate transfer of noise between the
units. The insulation method shall be reviewed and approved by the City Building Official prior to
approval of the final development plan.
6.
Subdivision signage, common area, recreation center, street trees, existing trees, pathways, buffer
areas, perimeter fencing, and etc. shall be reviewed and approved by the Design Review Board prior
to approval of final development plan.
7.
The entire Spring Creek ill development shall remam under the control of one Homeowners
Association.
8.
The assisted living facility shall be limited to 33-beds (maximum).
9.
The assisted living facility shall place a cap on the number of residents that may maintain vehicles on
site and that cap shall be 2 vehicles.
10. The driveways within the residential portion of this development shall be a minimum of 20-feet wide.
11. The CC&R's shall prohibit on-site parking within the entire Spring Creek ill development. The
CC&R's shall be reviewed an approved by the City Attorney prior to the City Clerk signing the final
plat.
STANDARD CONDITIONS OF APPROVAL FOR CU-7-00IPP-7-00:
1.
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2.
Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3.
Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
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4.
5.
6.
7.
8.
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).
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.
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 (B.c.c. 9-20-8.4)
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.
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, 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
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12.
13.
14.
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
fmal 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 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 arrangements to comply with all requirements of the Fire
Department.
The proposed fIfe 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 fIfe 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.
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 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 fmal 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".
21.
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.
22.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23.
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.
24.
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 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.
28.
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
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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 fmal 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.
29.
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.
30.
Prior to submitting the final plat for recording, the followinfollowinfollowinfollowinnts 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.
31.
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 application for this item was received by the City of Eagle on May 18,2000.
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 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 July 7, 2000. Requests for agencies' reviews were
transmitted on June 2, 2000 in accordance with the requirements of the Eagle City Code.
2. In accordance with Eagle City Code findings for a rezone with development agreement, conditional
use permit, preliminary development plan and preliminary plat the Eagle Planning and Zoning
Commission makes the following conclusions for RZ-6-00/CU-7-00IPPUD-5-00IPP-7-00 (Spring
Creek ill Development) with conditions recommended herein:
A.
The request for approval of the PPUD-5-00 portion of the application is denied and all of
the items that were addressed as PPUD-5-00 are incorporated into the Conditional Use
and Development Agreement portions of this application due to the facts that the site is
less than the 5 acres required per Eagle City Code Section 8-6-5-1 (B)) and the
Development Agreement (RZ-6-00) may be utilized in lieu of the PUD as provided for
within Eagle City Code Section 8-2-1). The following outlines the projects compliance
with required findings as conditioned herein.
B.
The requested zoning designation ofMU-DA is in accordance with the Mixed Use
classification shown on the Comprehensive Land Use map;
c.
The information provided from the agencies having jurisdiction over the public facilities
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D.
E.
F.
G.
H.
needed for this site indicate that adequate public facilities exist, or are expected to be
provided (with stipulations in the development agreement), to serve any and all uses
allowed on this property under the proposed zone as set forth in the development
agreement;
The proposed rezone is compatible with the current zoning and current and proposed
uses to the north, south east, and west. Compatibility within the community and the
neighborhood will be assured through the accompanying Development Agreement and
future Design Review buffering requirements. The parcel to the north has a
Comprehensive Plan Land Use Map Designation the same as this site and will likely
develop similarly, in accordance with the Plan. The parcel to the south is developed as a
church which is in the process of expanding and the parcel to the east is zoned R-9 and
has been platted for high density condominiums. The west parcel is planned to be
developed as a residential subdivision (Clear Creek Crossing) and is buffered from this
site by a large open space area;
The land proposed for rezone is not located within a "Hazard Area" as described within
the Comprehensive Plan but is within a "Special Area" as described within the
Comprehensive Plan (Floodplain) and if the rezone is approved with the proposed
development agreement the City will have assurances that the goals and objectives of the
floodplain special area will be met. The Spring Creek land plan features common areas
in excess of City requirements that will include the following amenities: a pond,
pathways and seating areas, all within an extensively landscaped setting. The plan works
with the natural terrain of the site by providing for daylight basements and residential
units sited to take advantage of scenic views (of Dry Creek) from the slope on the
property. The plan conforms with the "Special Area/Hazard Area" (Floodplain), as
referenced by the City's Comprehensive Plan, in that no dwelling units will be placed in
the 100 year floodplain; and
No non-conforming uses are expected to be created with this rezone if the development
agreement as proposed is required and subsequently complied with.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City
Code Title 8 for the C-2 and MU zoning districts since an assisted living facility is shown
as needing approval of a conditional use permit in the MU zoning districts on the
"Official Schedule of District Regulations" chart of that section;
Will be 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
since the development will provide an assisted living facility in Eagle that will provide a
relatively unique lifestyle opportunity. The higher density zero lot line residential units
allow for a clustered housing and open space appropriate for this type of housing. The
Spring Creek Plan will not create an adverse economic impact on the City or other
agency or service district because services will be supported by property taxes and or fees
paid directly to the service provider. Also, the land plan consists of open space
exceeding the City's requirements, which provides a substantial amount of area for
individuals within the subdivision, but, even so, builders of the residential units will be
required to pay impact fees contributing to parks planned as part of the City's capital
improvement program;
Page 19 of 22
\\EAGLENT1ICOMMONIPlanning DeptlEagle ApplicationsISUBS\2000lSpring Creek 111 pzf.doc
I.
J.
K.
L.
M.
Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or titles 8 and 9 of the Eagle City Code
since there are no inconsistencies with the Comprehensive Plan and since the
development will be required to meet conditions of a design review application;
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 since the
development will be required to meet the City's design review requirements and the
conditions noted herein;
Will not be hazardous or disturbing to existing or future neighborhood uses since the area
is primarily surrounded by existing commercial uses and since the proposed development
will be adequately buffered from the residential use to the south. Compatibility within the
neighborhood will be assured through the accompanying Development Agreement and
future Design Review buffering requirements. The parcel to the north has a
Comprehensive Plan Land Use Map Designation the same as this site and will likely
develop similarly, in accordance with the Plan. The parcel to the south is developed as a
church which is in the process of expanding and the parcel to the east is zoned R-9 and
has been platted for high density condominiums. The west parcel is planned to be
developed as a residential subdivision (Clear Creek Crossing) and is buffered from this
site by a large open space area.
Existing pasture/agricultural land uses in the neighborhood of Spring Creek will not be
adversely impacted by approval of this project. The following note is proposed to be
placed on the plat, "This development recognizes Section 22-4503 of the Idaho Code,
Right to Farm Act, which states: "No agricultural operation or an appurtenance to it shall
be or become a nuisance, private or public, by any changed conditions in or about the
surrounding nonagricultural activities after the same has been in operation for more than
one (1) year, when the operation was not a nuisance at the time the operation began;
provided, that the provisions of this section shall not apply whenever a nuisance results
from the improper or negligent operation of any agricultural operation or appurtenance to
it.";
Will be served adequately by essential public facilities such as highways, streets, police
and fIfe 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 as noted in responses received by agencies
providing the public services. The Spring Creek site consists of higher density dwelling
units and an assisted living facility. Other than the living facility, no commercial or
industrial land uses are proposed with this planned unit development. Surrounding land
uses consist of, or are planned for, comparable developments and are not anticipated to
be adversely impacted by uses, activities, processes, materials, equipment, and/or
conditions of operation within Spring Creek. Eagle Road and the new Ranch Drive will
have sufficient capacity for the traffic expected to be generated by Spring Creek. ACHD
plans for a traffic signal at the intersection of Ranch Drive and Eagle Road when the
traffic warrants it;
Will not create excessive additional requirements at public cost for public facilities and
services. Public facilities are available and adequate. The site will be annexed into the
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N.
o.
P.
Q.
R.
S.
Eagle Sewer District and will be served by a central sewage system. Central water will
be provided from Eagle Water Company. Fire protection will be available from Eagle
Fire District and f¡re hydrants, subject to the Fire District's approval will be provided
where required;
Will 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 as long as
the conditions herein and all design review conditions are complied with; and
Will have vehicular approaches to the property which are designed as to not create an
interference with traffic on surrounding public thoroughfares since they are required to be
reviewed and approved by the highway district having jurisdiction and since they are
subject to the conditions herein. Although the ACHD Right of Way Department
representative stated that the existing driveway at the south property line on Eagle Road
could be utilized, the site was designed to move the driveway further to the north so as
not create a conflict on Eagle Road where the travel lanes approach the intersection of
Eagle Road and Ranch Drive. The gates for the residential portion of the site have also
been placed far enough from Eagle Road and Ranch Drive to avoid traffic conflicts. The
driveways will also be required to be reviewed and approved by ACHD; and
Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of
major importance since, other than the existing trees which require design review
approval prior to being removed, none are apparent on this site. The Spring Creek land
plan provides open space areas and homes built on the sloped area to allow for views of
Dry Creek, which is classified as an "Area of Special interest" by the Eagle 2000
Comprehensive Plants. A pond is planned to be within the 100 year floodplain and no
dwelling units will be built within that area thus allowing is to be open for wildlife use;
and
This development is in continuity with the capital improvement program since the
required public improvements have been installed on the site, or are expected to be
installed with the development of individual lots as conditions of design review approval;
and
That based upon agency verification and additional written comments of the Eagle Fire
District and the Ada County Highway District, or as conditioned herein, there is adequate
public financial capability to support the proposed development; and
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.
Page 21 of22
\\EAGLENT1ICOMMON\P1anning DeptlEag1e ApplicationsISUBS\2000lSpring Creek 111 pzf.doc
DATED this 14th day of August, 2000.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
I '
\_-c~ ;{l G \ J¡ {It t"r!( /"
,John Franden, Chairman
"
ATTEST:
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Sharo~ Moore, Eagle City Cler
Page 22 of 22
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