Findings - PZ - 2000 - RZ-9-00/CU-9-00/PPUD-6-00/PP-9-00 - Rz From R-4/6.87 Acre/19 Lot/ Se Corner Hwy55/Hill Rd
ORIGINAL
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 PICADILL Y VILLAGE PUD )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-9-001 CU-9-00IPPUD-6-00IPP-9-00
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 August 28, 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:
Stacia Patterson, 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 (including a private street), and
preliminary plat approval for Picadilly Village Subdivision. The 6.87-acre, 19-1ot
(16-residential, 2-commercial, and I-common) subdivision is located on the
southwest comer of State Highway 55 and Hill Road.
B.
APPLICATION SUBMITTAL:
The applications for this item was received by the City of Eagle on June 15, 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 July 28, 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 28, 2000. Requests for agencies'
reviews were transmitted on June 16, 2000 in accordance with the requirements of
the Eagle City Code.
D.
mSTORY OF PREVIOUS ACTIONS:
On November 9, 1999, the City Council adopted the 2000 Comprehensive Plan
which changed the Land Use Map designation for this site to Mixed Use.
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E.
COMPANION APPUCATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Mixed Use R-4 (Residential) Vacant
Proposed No Change MU (Mixed Use) Commercial/resi denti al
PUD development
North of site Residential Three R-3 (Residential) Gravel Operations
South of site Residential Four R-4 (Residential) Vacant
East of site Commercial & C-3-DA (Highway Residence and pasture
Business Park Business District with
development agreement) &
A-R (Agricultural-
Residential)
West of site Mixed Use R-4 (Residential) Vacant
G.
DESIGN REVIEW 0 VERLA Y DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 6.87
Total Number of Lots - 19
Residential - 16
Commercial - 2
Industrial - 0
Common - 1
Total Number of Units - 16
Single-family - 16
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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Additional Site Data Proposed Required
(based upon an MU-DA zoning
designation)
3.7-units 6-units (maximum) (based
Dwelling Units Per Gross Acre upon the requested conditions
to be within the development
agreement for this site)
The "Mixed Use" Compo Plan.
designation states, "up to 20-
dwelling units per acre"
Minimum Lot Size 7,000-square feet 7,000-square feet
Minimum Lot Width 70-feet 50-feet
Minimum Street Frontage 40-feet (approx.) 35-feet
Total Acreage of Common Lots .79-acres A3-acres (minimum)
Percent of Site as 18.2% 10% (minimum)
Common Area
Note: The above site data is based upon the residential portion of the site only.
0
Special Setbacks proposed for all residential lots within the site:
Front (living area) 10-feet
Front (garage) 20-feet
Street side 20-feet
Rear 20-feet
Interior Side 5-feet
I.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
In compliance with ECC Section 8-2A- 7(J)(4)(c), the applicant is proposing a 75-
foot wide buffer area between State Highway 55 and the residential portion of the
site.
A 40-foot wide buffer area between State Highway 55 and the commercial portion
of the site is proposed.
Open Space:
Will provide a total of 18.2% common area (within the residential portion of the
development). 10% minimum required.
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
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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.
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:
Staff is not aware of any existing natural features on the site which would be
required 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:
Private or Public Streets:
The applicant is proposing a 29-foot wide private road with a 4-foot wide attached
concrete side walk on one side of the road.
Applicant's Justification for Private Streets (if proposed):
See applicant's justification letter dated June 14,2000 (attached).
Blocks Less Than 500': None
Cul-de-sac Design:
A hammerhead-style turn around is proposed. City Engineer approval of the
specific hammerhead design is required prior to City approval of a final
development plan.
Sidewalks:
A 4-foot wide concrete sidewalk is proposed along one side of the street within
the residential portion of this development.
Curbs and Gutters:
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Curbs and gutters which meet Ada County Highway District standards are
proposed for the interior private street within the residential portion of the
development.
Lighting:
Lighting for the proposed private street is required. Location and lighting
specifications shall be provided to the City Zoning Administrator prior to the City
Engineer signing the final plat.
Street Names:
Street names approved by the Ada County Street Names Committee are shown on
the attached correspondence from that committee.
K.
ON AND OFF-SITE 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 - no
Mature Trees - no
Riparian Vegetation - no
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
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
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Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated June 28, 2000 are of
special concern (see attached).
Ada County Highway District
Ada County Street Name Committee
Central District Health
Eagle Fire Department
Eagle Sewer District
Meridian Joint School District No.2
Q.
LETTERS FROM THE PUBLIC:
Letter from John Evans with IFI Partners II, dated August 3, 2000.
R.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicants states that, "Infrastructure improvements will start immediately. It
is anticipated that the lots and open space area within the residential portion will
be developed within two years after City approvals and that the commercial lots
and landscaping will be developed within five years. A five 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:
A. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
B. That the development be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of the
general vicinity and how such use will not change the essential character of the same area.
C. That the development will not be hazardous or disturbing to existing or future
neighborhood uses.
D. That the development does not involve uses, activities, processes, materials, equipment,
and/or conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or
odors.
E. That the development will be served adequately by essential public facilities such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water
and sewer, and schools.
F. That the development will not create excessive additional requirements at public cost for
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public facilities and services.
G. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be
provided in a non-PUD proposal.
H. That the vehicular approaches to the property are designed to not create an interference
with traffic on surrounding public thoroughfares.
I. That the development will not result in the destruction, loss, or damage of a natural,
scenic or historic feature of major importance.
J. That the proposed development will be harmonious with and in accordance with the
general objectives or with any specific objective of the Comprehensive Plan.
K. That the proposed development will be harmonious with and in accordance with the
general objectives or with any specific objective of Eagle City Code Title 8.
L. 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):
M. 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.
N. That an estimate of the public service costs to provide adequate service to the
development has been provided by the developer.
O. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
P. 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):
Q. That the uses are appropriate with the residential uses.
R. That the uses will serve principally the residents of the PUD.
S. That the uses are planned to be an integral part of the PUD.
T. That the uses located and designed to provide direct access to a collector or arterial street
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U. 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:
V. 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.
W. 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.
X. 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.
T.
GENERAL STANDARDS FOR APPROVAL OF PRIVATE STREETS:
Section 9-3-2-5 (A) General Standards: Private streets may be permitted if the
Council determines that the private street is in compliance with each of the
following standards:
1. Unique or special circumstances exist with respect to the proposed use,
design, location, topography, or other features of the development or its
surroundings such that private streets will serve to enhance the overall
development;
2. The private street provides safe and effective movement of both vehicular and
pedestrian traffic;
3. The private street provides adequate access for service and emergency
vehicles;
4. The private street does not adversely affect access or good transportation
planning to adjacent property and to the area travel networks;
5. The private street does not landlock adjacent property due to topography or
parcel layout;
6. Other than to provide emergency access, the private street does not connect
one public street to another, encouraging travel through the development
served by the private street;
7. The use or alignment of the private street does not interfere with the continuity
of public streets; and
8. An appropriate mechanism has been established for the repair and
maintenance of the private street, including provisions for the funding thereof.
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STAFF ANAL YSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
. LAND USE MAP - MIXED USE - This site is within the area designated as Mixed Use.
. CHAPTER 5 - ECONOMIC DEVELOPMENT
5.5
Implementation Strategies
f. New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural residential
identity.
h. Promote additional employment opportunities and expand the economic base
by a) encouraging growth and expansion of existing businesses and industry
and b) attracting additional business and industry so residents will be provided
with adequate commercial services and facilities.
. CHAPTER 12 - COMMUNITY DESIGN
12.2
Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
12.3
Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents to
Eagle. Cityentryways include State Highways 44 (State Street and Alternate Route)
and 55 (Eagle Road). These entrances with their landscaping (or lack thereof),
commercial signage and building character provide the first, and oftentimes the most
lasting impressions of the entire community. The City of Eagle has the responsibility
to guide development and redevelopment that occurs along these entryway corridors.
Design review procedures should guide future development and redevelopment of
existing uses. Depending on land uses and buildings, more extensive landscaping
and fewer points of access may be required. The design review process will
afford the opportunity to address the special features of each property and facility
in a manner that will best address the overall intent of enhancing Eagle's
entryways. Eagle's entrance corridors may take on the look of berms built
adjacent to the Banbury and Lexington Hills Subdivisions.
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.
CHAPTER 8 - TRANSPORTATION
8.6
Implementation Strategies
Establish and require minimum setbacks between developments and roadways and to
encourage installation of berms and landscaping for all developments to enhance
safety and to enrich the roadway and community appearance.
. CHAPTER 6 - LAND USE
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.
B. ZONING ORDINANCE PROVISIONS WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
. 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.
. 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
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;
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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:
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
REGARDING TillS PROPOSAL: (None)
WillCH OF SPECIAL CONCERN
D. DISCUSSION:
.
The applicant is proposing a rezone for this entire site from R-4 (Residential - four units
per acre maximum) to MU-DA (Mixed Use with development agreement). The northern
portion of the site (approximately 2.5-acres) is proposed to be developed with commercial
uses and the southern portion of the site (approximately 4.3-acres) is proposed to be
developed as residential (3.7-units per acre). The applicant is requesting that a maximum
cap of 6-units per acre be placed as a condition within the development agreement. As
stated by the applicant, this is proposed so that if market conditions change and a "town
home" design becomes desirable, then a modification to only the PUD application would
be required (no changes to the development agreement would be necessary).
.
The applicant is proposing to limit the commercial use of the site by proposing a
development agreement (attached) which lists a portion of the conditional and permitted
commercial uses allowed within the MU zoning district. Uses which are not allowed
within the MU zoning district are not proposed.
Staff believes that most of the commercial uses proposed by the applicant will
compliment the downtown (as required within the Comprehensive Plan), however, it is
not clear as to what affect two of the proposed uses will have on the downtown. Those
uses are "Retail Sales (limited)/(pharmacies and medical)" and "Restaurant". Staff defers
comment on the appropriateness of these uses in this location to the Planning and Zoning
Commission and City Council.
.
The applicant is also requesting City approval of PUD (preliminary plat and conditional
use permit) for the combined residential/commercial development. If approved, the
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applicant intends to construct the residential portion of the site as shown on the
preliminary development plan, however, the layout of the commercial portion of the site
may change considerably. The applicant is requesting that the commercial area be
approved as "concept only" and be limited to those uses shown within the development
agreement. Separate design review and conditional use applications (depending on the
specific uses proposed) will be required as the site develops. Staff believes that with the
conditions noted herein, with the limitations in the development agreement (as may be
approved by the City Council), and with conditions of design review and/or any CUP the
City may be assured that any commercial development on this site will be harmonious
with and in accordance with the general objectives of the Comprehensive Plan and
specific requirements of Eagle City Code.
. Regarding Eagle City Code findings for a rezone, conditional use permit, planned unit
development preliminary development plan, preliminary plat, and private streets - As a
part of the application submittal for this project, and in accordance with application
submittal requirement #12, the applicant has provided a 13-page document, dated June
14, 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 permit,
planned unit development preliminary development plan, and preliminary plat, and
private streets.
. 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 RECOMMENDATION REGARDING THE REZONE:
Staff recommends approval of the rezone with the following conditions to be within a
development agreement (as proposed by the applicant) with underlined text
recommended to be added by staff and text shown with strike-thru recommended to be
deleted by staff, except that the "Retail Sales (limited)/(pharmacies and medical)" and
"Restaurant" uses will remain in the development agreement with a question mark "?"
indicating staff has not made a recommendation regarding these uses.
2.1 The owner shall submit a Planned Unit Development (PUD) and Conditional Use
Permit (CUP) application for the entire site (in accordance with Eagle City Code), and
shall comply with all conditions required by Eagle as a part of the PUD/CUP.
2.2 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.
2.3 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
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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 or unless the
proposed use is a conditional use (c) as established herein then a public hearing shall
be required. 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.
2.4 The Property shall be permitted to be developed with approximately 4.3 acres
consisting of a maximum of six dwelling units per acre and approximately 2.6 acres
consisting of a maximum of 28,000 gross square feet of commercial buildings. The
Owner acknowledges that the minimum City parking and landscaping requirements
may limit the square footage to less than 28,000 square feet.
2.5 The maximum size for any individual commercial building shall be 10.000 square
feet.
2.6 For the 2.6 acres planned for commercial buildings noted in section 2.4 above, all
uses shown as permitted or conditional under the Mixed Use zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations"
shall be considered permitted uses (P) as a part of this Development Agreement with
the following exceptions:
2.5.1
The following uses which are shown as permitted (P) or conditional (C)
uses under the Mixed Use zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations" shall be
prohibited:
Apartment
Boarding or lodging house or dormitory
Mobile home (single unit primary residence)
Mobile home (single unit temporary living quarters)
Mobile home park
Multi-family dwelling
Single family dwelling
Two family dwelling
Ambulance service
Animal shows or sales
Artist studios
Arts and crafts shows
Automotive washing facility
Bar
Cabinet shop
Cemetery
Circuses and carnivals
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2.5.2
Convenience store with no fuel service
Drive-in theater
Drugstore
Electronic sales, service, or repair shop
Equipment rental and sales yard
Hardware store
Hospital
Hotel
Live entertainment events
Mobile office
Motel
Parking lot, parking garage commercial
Personal improvement
? Restaurant (no drive-thru)?
Retail sales (general)
Riding academies/stables
Shopping center (see note below)
NOTE: The City acknowledges that each commercial parcel may consist of more than
one building and that buildings may be multi-tenant but that due to the limitations
herein (i.e.: limited uses and a gross square footage cap on commercial that is less than
30,000 square feet) that such development shall not be considered a s"Shopping e
çenter" (as defined by Eagle City Code).
Sign shop, including painting
Small engine repair (mower, chainsaws, etc)
Storage (enclosed building)
Storage (fenced area)
Street fair
Trade fair
Travel services
Upholstery shop
Woodworking shop
The following uses which are shown as permitted (P) or conditional (C)
under the Mixed Use zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations" shall require a separate
conditional use permit (CUP) in addition to the PUD/CUP required for the
entire site:
Banks/financial institutions (with drive-up service)
Childcare (Daycare Center)
Childcare (Group)
Commercial entertainment facilities (indoor)
Commercial entertainment facilities (outdoor)
Flex space
Food and beverage sales
Kennel
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Laundry (with drive-up service)
Mortuary
Nursery, plant materials
Nursiag/øønvalesc6at Rome
Industry CHstom
Industry Limited
Industry Research and Development
Research activities
Public service facilities
School, public or private
2.5.3
1 Retail sales (limited) and Retail sales (pharmacies and medical) shall be
permitted as a part of this Development Agreement. However, the total
gross square footage of the combined uses of Retail sales (limited) and
Retail sales (pharmacies and medical) shall not exceed twelve thousand
(12,000) square feet). The City acknowledges that Retail sales (limited)
allows all uses allowed in Retail Sales (General) except those uses
excluded by paragraph "B. Limited" under the Eagle City Code definition
of Retail Sales and except as otherwise may be restricted herein. 1
2.7 Although Eagle City Code Section 8-6-4 allows ten percent (10%) of a PUD to
include uses that the "Official Schedule of District Regulations" show as prohibited,
in no case shall any of those prohibited uses be permitted for this site.
2.8 Except as provided for herein 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.
2.9 The applicant's property shall become annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District regulations and
conditions prior to approval of any final development plan for this site.
STAFF RECOMMENDATION REGARDING THE ENTIRE PUD:
If the Planning and Zoning Commission recommends approval of the rezone and
development agreement for this site, then staff recommends approval of the conditional
use permit, preliminary development plan, preliminary plat, and private streets with 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 August 21, 2000, at which time testimony was taken and the public hearing was closed.
The Commission tabled the matter until August 28, 2000 to allow the applicant to continue
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negotiations with the adjoining property owner regarding road alignment. 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 one individual. The concerns addressed were generally related to the
commercial development. Would like to see professional offices and not a restaurant.
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 3 to 0 (one abstaining) to recommend that the request for
approval of RZ-9-00, CU-9-00, PPUD-6-00 and PP-9-00 be granted with staff's
recommended site specific and standard conditions of approval provided within the staff
report and with the staff recommended changes to the development agreement with the
exception that the Restaurant (no drive-thru) and Retail Sales (limited) and (pharmacies
and medical) uses as set forth in section 2.5.3 of the development agreement be allowed
as permitted uses; plus ACHD and ITD are to confirm in writing that the access to Hill
Road is appropriate for this property.
SITE SPECIFIC CONDITIONS OF APPROVAL FOR RZ-9-00/CU-9-00IPPUD-6-001
AND PP-9-00:
Commission additions are underlined.
1. The density maximum for the residential portion of this site shall be 3.7-units per acre.
2. Install an 8-foot high CMU block wall (split face on both sides) between the residential and
commercial portions of this site.
3. Prior to City approval of a final plat submit an application for private streets for review and
approval by the City. The fee is $780.00 based upon $400.00 (base fee) plus 0.38 cents per
lineal foot (I,OOO-feet of private streets are proposed within the subdivision).
4. If public right-of-way has been dedicated on the adjoining property to the west, along the
west boundary of this site (prior to submittal of a final development plan and final plat) then
this site shall be redesigned so that vehicle access is taken solely from the site to the west.
5. The building layout and parking configuration of the commercial portion of this site is
considered "concept only." The design may change upon submittal of a final development
plan.
6. Install a landscape buffer in accordance with ECC Section 8-2A-7 (J)(4)(c) along eastern side
of the residential portion of the development (abutting State Highway 55).
7. Install a minimum 40-foot wide landscape buffer along eastern side of commercial portion of
the development (abutting State Highway 55). The 40-foot wide (minimum) landscape area
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shall extend around the northeast comer of this site.
8. Install a minimum 20-foot wide landscape buffer along the northern portion of the
commercial site abutting Hill Road.
9. The commercial building located along the western boundary of the site shall be setback from
the property line a minimum of 40-feet (or otherwise shall comply with ECC Section 8-3-3
(D)).
10. Comply with all site specific recommendations provided within the City's Engineering firm's
(Holladay Engineering) letter dated June 28, 2000.
11. 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).
12. Useable park amenities such as, picnic tables, gazebos, swing sets, basket ball courts, ball
fields 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.
13. 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 condition: 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.
14. 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.
15. The entire Picadilly Village development shall remain under the control of one Homeowners
Association.
16. Provide a 5-foot wide concrete meandering sidewalk along Hill Road abutting the site.
17. ACHD and ITD shall confirm in writing that the access to Hill Road is appropriate for this
property.
18. In addition to the uses recommended by Staff, Restaurant (with no drive-thru) and Limited
Retail Sales (as set forth in staff discussion at section 2.5.3 of the development agreement)
shall be permitted uses.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District
and/or the Idaho Transportation Department, including but not limited to approval of the
drainage system, curbs, gutters, streets and sidewalks.
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2.
3.
4.
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.
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
(B.c.C. 9-20-8.4)
7.
All homes being constructed with individual septic systems shall have the septic systems
placed on the street side of the home or shall have their sewer drainage system designed
with a stub at the house front to allow for future connection to a public sewer system.
8.
Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the
water rights appurtenant to the lands in said subdivision which are within the irrigation
entity will be transferred from said lands by the owner thereof; or the subdivider shall
provide for underground title or other like satisfactory underground conduit to permit the
delivery of water to those landowners within the subdivision who are also within the
irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional
specific criteria for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer
and shall be approved by the City Engineer prior to the City Engineer signing the final
plat.
9.
The applicant shall submit a letter from the appropriate drainage entity approving the
drainage system and/or accepting said drainage; or submit a letter from a registered
professional engineer certifying that all drainage shall be retained on-site prior to the City
Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted
with the letter.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval
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11.
12.
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.
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
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.
13.
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.
14.
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 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.
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b.
15.
16.
17.
20.
c.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two
family dwellings, 1,500 gallons per minute for dwellings having a fire area in
excess of 3,600 square feet, and 1,500 gallons per minute 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.
d.
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.
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.
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.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or
any other area designated by the City Council or Eagle City Pathway/Greenbelt
Committee for a path or walkway shall be approved in writing by the Eagle City
Pathway/Greenbelt Committee prior to approval of the final plat by the City Council.
19.
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".
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21.
22.
23.
24.
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
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 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.
29.
In accordance with Eagle City Code, failure to obtain a recorded final plat for the
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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 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.
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 June 15,2000.
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 July 28, 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 28, 2000.
Requests for agencies' reviews were transmitted on June 16, 2000 in accordance with the
requirements of the Eagle City Code.
2. In accordance with Eagle City Code findings for a rezone, conditional use permit, preliminary
development plan and preliminary plat the Eagle Planning and Zoning Commission makes
the following conclusions for RZ-9-00/CU-9-00/PPUD-6-00/PP-9-00 (PICADILLY VILLAGE
PUD):
A. The Commission reviewed the particular facts and circumstances of this proposed rezone
(RZ-9-00) 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 MU-DA-P is in accordance
with the Mixed Use designation on the Comprehensive Plan Land Use Map; 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 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
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community, because of the location and mixed housing and commercial uses for that
comer.
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
general vicinity and how such use will not change the essential character of the same area
as required per the conditions of approval and 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, or will be
required to be provided as conditioned within the development agreement for this site.
H. 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.
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 based upon
the private road used to access the site.
J. That the development will not result in the destruction, loss, or damage of a natural,
scenic or historic feature of major importance, because the development includes open
space and landscape buffers especially along Highway 55.
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, due to the
mixed use designation; provisions for a mix of housing; open space and clustered
housing.
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 a gated community between commercial and residential, with minor setback
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modifications, provides open space exceeding required mInimums, and provides for
clustered dwelling units.
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 location of this
property along Highway 55.
3.
The Commission reviewed the particular facts and circumstances of this proposed
preliminary plat (PP-8-00) and based upon the information provided concludes that the
proposed preliminary plat application is in accordance with the City of Eagle Title 9
(Subdivisions) because:
a. The requested preliminary plat complies with the density of the approved zoning
designation of MU-DA-P(Mixed Use with a Development Agreement and PUD); and
b. Will be harmonious with and in accordance with the general objectives of title 9 of
the Eagle City Code since the development is consistent with the Comprehensive Plan
and provide the requires improvements for a subdivision; and
c. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and that such use will not change the essential character of the same area; and
d. Will not create excessive additional requirements at public cost for facilities and
services since services are available to this property, or will be required to be
provided as conditioned within the development agreement for this site; and
e. Will have vehicular approaches to the property designed to not create an interference
with traffic on surrounding public thoroughfares since the project is reviewed and
approved the highway district having jurisdiction and is subject to the conditions
therein; and
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 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.
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DATED this 5th day of September, 2000.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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John Franden, Chairman
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Sharon Moore, Eagle City Clerk ~ ~ ~ ""'. Q "., :~.,;\~:
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Page 25 of 25
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