Findings - PZ - 2000 - RZ-4-00/PPUD-4-00/CU-6-00/PP-5-00 - Rz From A To R-2-P/Ppud/Cu/Pp/28.61 Acre/49 Lot
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A
REZONE, PLANNED UNIT DEVELOPMENT
PRELIMINARY DEVELOPMENT PLAN,
CONDITIONAL USE PERMIT, AND
PRELIMINARY PLAT FOR W &S DEVELOPMENT
INC. FOR EAGLE ISLAND RANCH ESTATES
SUBDIVISION
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-4-00/PPUD-4-00/CU-6-00/PP-5-00
The above-entitled rezone, planned unit development preliminary development plan, conditional use
permit and preliminary plat applications came before the Eagle Planning and Zoning Commission for their
recommendation on July 17, 2000. The Eagle Planning and Zoning 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:
W&S Development Inc., represented by Lisa and Walt Wanner, is requesting a rezone
from A (Agricultural) to R-2-P (Residential- two units per acre - PUD) and preliminary
development plan, conditional use, and preliminary plat approval for Eagle Island Ranch
Estates Subdivision. The 28.61-acre, 49-1ot (46-buildable) residential subdivision is
located on the north side of the south channel of the Boise River approximately Y2-mile
west of Eagle Road.
B.
APPLICATION SUBMITTAL:
The applications for this item was received by the City of Eagle on June 9, 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 30, 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 June 30, 2000. Requests for agencies' reviews were transmitted on June 12,
2000 in accordance with the requirements of the Eagle City Code.
D.
mSTORY OF PREVIOUS ACTIONS:
On May 11, 1999, the City Council approved a rezone from A (Agriculture) to R-2-DA
(Residential - with deveiopment agreement) for a portion of this site (RZ-8-98).
E.
COMPANION APPLICATIONS:
Lot Split (LS-3-00) and Flood Plain Development Permit (FPDP-2-00).
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
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COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two R-2-DA (Residential with Vacant
development agreement) and
A (Agriculture)
Proposed No Change R-2-DA (Residential with Residences
development agreement) and
R-2 (Residential)
North of site Residential Two A (Agriculture) and R-2-P Agriculture - Future
(Residential PUD) Subdivision Site
South of site Floodway and A (Agriculture) and R-2-P Boise River and
Residential Two (Residential PUD) Residences
East of site Floodwayand A (Agriculture) and R-2-P Boise River and
Residential Two (Residential PUD) Residences
West ofsite Floodway and A (Agriculture) Agriculture
Residential Two
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 28.61
Total Number of Lots - 49
Residential - 46
Commercial - 0
Industrial - 0
Common - 3
Total Number of Units - 46
Single-family - 46
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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Additional Site Proposed Required
Data
Dwelling Units 1.61-units per 2-units per acre (maximum)
Per Gross Acre acre
Minimum Lot 6,172 sq. ft. 17,000 sq. ft. (minimum in an R-2 zone)
Size Except that a decrease of minimum lot size in a subdivision may
be allowed if there is an offsetting increase of the same percentage
in open space and a planned unit development is applied for and
approved) - per ECC Section 8-2-4 (G).
Minimum Lot 54-feet 75-feet (minimum in an R-2 zone)
Width
Minimum Street 54-feet 35-feet
Frontage
Total Acreage of 7.67-acres (not 7.5-acres (10% minimum (2.8-acres) plus 4.6-acres for lot area
Common Lots including below minimum lot size)
floodway)
Percent of Site 26.8% 26.2%
as Common Except that, according to ECC Section 9-3-8 (C) the City may
Area require additional public and/or private park or open space
facilities in PUDs or in subdivisions with 50 or more lots.
Note: The 7.5-acre minimum open space requirement noted above is solely based upon 10%
minimum site landscaping (2.8-acres) plus the offsetting increase of open space required for
decreased lot sizes (4.6-acres). The development agreement for this site requires a minimum pond
size of 8-acres plus two (2) 5-acre nature preserves.
0 Special Setbacks proposed for Estates Lots (greater than 0.6-acre) within the development:
Requested
Existing
Front
Rear
Interior Side
Additional for
Multi-story
Street Side
Minimum lot width
30 feet
30 feet
7.5 feet
30 feet
30 feet
10 feet
5 feet per story
20 feet
75 feet
5 feet
20 feet
75 feet
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0 Special Setbacks proposed for Luxury Lots (0.25-acre to 0.6-acre) within the development:
Requested
Existing
Front
Rear
Interior side
Additional for
Multi-story
Street side
Minimum lot width
20 feet
25 feet
7.5 feet
30 feet
30 feet
10 feet
2.5 feet per story
20 feet
60 feet
5 feet
20 feet
75 feet
0 Special Setbacks proposed for Cottage Lots (less than 0.25-acre) within the development:
Requested
Existing
Front
Rear
Interior side
Additional setback for
Multi-story
Street side
Minimum lot width
15 feet (with 20' depth to garage)
10 feet
0 feet (with 15' between buildings)
30 feet
30 feet
10 feet
2.5 feet (with 20' between 2nd stories)
15 feet
54 feet
5 feet
20 feet
75 feet
I.
GENERAL SITE DESIGN PEA TURES:
Open Space, Greenbelt Areas and Landscape Screening:
Will provide a total of 26.8% common area - excluding floodway . (26.2% required - see
site data above).
Storm Drainage and Flood Control:
Street drainage plans have been submitted by the applicant as required by the Subdivision
Ordinance. Specific drainage system plans are to be submitted to the City Engineer for
review and approval prior to the City Engineer signing the final plat. The plans are to
show how swales, or drain piping, will be developed in the drainage easements. Also, the
CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
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
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Preservation of Existing Natural Features:
There are numerous existing trees located on this site. Eagle City Code Section 9-3-8 (B)
states that existing natural features which add value to residential development and
enhance the attractiveness of the community (such as trees, watercourses, historic spots
and similar irreplaceable assets) shall be preserved in the design of the subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
J.
STREET DESIGN:
Private or Public Streets: Public
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
See ACHD staff report and site specific recommendations herein.
Sidewalks: 5-foot wide concrete sidewalks are proposed.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street names approved by the Ada County Street Names Committee are shown on the
attached correspondence from that committee.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
5-foot wide concrete sidewalks are proposed along the interior streets. A 25-foot wide
easement is proposed along the Boise River (as required within the development
agreement for this site) for future pedestrian and bicycle use.
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.
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L.
M.
N.
PUBLIC USES PROPOSED: see comments under "Pedestrian Walkways" above.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
SPECIAL ON-SITE FEATURES:
The applicant has submitted a 22-page Environmental Impact Assessment which
addresses the following:
Areas of Critical Environmental Concern
Evidence of Erosion
Fish Habitat
Floodplain
Mature Trees
Riparian Vegetation
Steep Slopes
S treamlCreek
Unique Animal Life
Unique Plant Life
Unstable Soils
Wildlife Habitat
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
The City Engineer has reviewed the submitted 22-page Environmental Impact Assessment and
provided comments by letter which are incorporated herein by reference.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
which appear toppear toppear toppear tore noted below:
City Engineer: All comments within the Engineer's letters dated May 11,2000, and June 19,2000
are of special concern (incorporated herein by reference).
Ada County Highway District
Ada County Street Name Committee
Central District Health
Eagle Fire Department
Eagle Sewer District
Farmers Union Ditch Company
Meridian Joint School District No.
Q.
LETTERS FROM THE PUBLIC:
Letter from Kelsey and Deb Royball, dated July 10, 2000.
R.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant states, "Based on market conditions, it is estimated that this development
will be completed in 2 to 4 years. An estimated starting date in 2000 is planned.
Construction will begin as soon as all permits and approvals can be obtained.
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S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fIre protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not 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 case of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fIre
protection, police protection, central water, central sewer, road construction, parks and open space,
recreation, maintenance, schools and solid waste collection.
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14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been provided
by the developer.
16. That suggested public (or private) means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
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):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
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 PEA TURES - For up to 5%
That the quality of the designs for street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features, and varied use of housing types, incorporated into
the development, exceed that of a non PUD development.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Parks, Recreation, and Open Spaces:
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PARKS - Section 9.4.2 "Objectives"
c. To provide a system of neighborhood parks where safe and convenient access is
available to residents.
d. To dedicate and develop areas for parks in new residential developments.
PATHWAYS AND GRENBELTS - Section 9.5.2 "Objectives"
b. To provide a network of central and neighborhood paths where residents are able
to safely access and utilize pathways for alternative forms of transportation.
e. All development should provide developed pathways for connection to Eagle's
public pathway system and/or adjoining development's public pathway system.
OPEN SPACE - Section 9.6.2 "Objectives"
b. To provide an open space setting for active and passive recreation for all age
groups throughout the community.
Section 9.6.3 "Policies"
b. To encourage cluster development to retain open space.
.
Transportation
Section 8.6 "Implementation Strategies"
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.
.
Land Use
Section 6.7 "Implementation Strategies"
p. Encourage a verity of housing through such mechanisms as PUD' s in
subdivisions including large lot subdivisions.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2-4 (G): A decrease of minimum lot size in a subdivision may be allowed if
there is an offsetting increase of the same percentage in open space and a planned unit
development is applied for and approved.
.
ECC Section 8-7-3-3 CONDITIONAL USES "PUBLIC SITES AND OPEN SPACES"
Public sites and open spaces shall conform to the following:
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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 generallv 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 tvoes and permitting an increased densitv per acre and a reduction in lot
dimensions. vards. 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
REGARDING THIS PROPOSAL:
WHICH
ARE
OF
SPECIAL
CONCERN
ECC Section 9-3-8 (B) Natural Features: Existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees, watercourses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the subdivision.
.
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D. DEVELOPMENT AGREEMENT PROVISIONS WIDCR ARE OF SPECIAL CONCREN
REGARDING THIS PROPOSAL:
CONDITIONS OF DEVELOPMENT:
2.2 If the applicant decides to construct a lake, Eagle hereby approves the excavation of an eight (8)
acre minimum fifteen (15) acre maximum lake with the following conditions:
a. Excavation of the lake shall be completed within two years after Eagle approves any
development application for this site. A one year extension may be granted by the City
Council, if requested by the applicant.
b. Comply with Eagle City Code Section 8-3-5-K "Gravel Pits, Rock Quarries, Sand and
Clay Pits and Other Natural Resources of Commercial Value".
c. An Environmental Assessment Plan shall be approved by the City Engineer prior to
starting the gravel operation.
d. Truck traffic shall not go through any subdivision developed between this site and Eagle
Road except via a designated collector or residential collector.
e. Hours of operation shall be limited to between 7 AM to 7 PM excluding weekends and
holidays.
f. The work area and road (if not paved) used for trucks shall be watered sufficiently to
eliminate dust.
g. On-site crushing shall be prohibited.
h. A pennit shall be obtained from the Department of Water Resources prior to starting the
pond excavation.
1.
Construction of the lake shall be completed prior to issuance of any dwelling unit building
pennits.
2.4 All development within the l00-year floodplain 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.
2.5 A Flood Plain Development Pennit application shall be submitted to and approved by Eagle prior
to commencing any work within the lOO-year flood plain.
2.6 Provide two (2) five (5) acre parcels within the Boise River floodplain to be set aside along the
Boise River as Nature Preserves and provide a twenty five (25) foot wide pathway easement for a
public pathway along the Boise River extending along the entire southern portion of the
applicant's site. When Eagle has acquired all the necessary easements for the pathway to be
completed along the north side of the south channel of the Boise River from Eagle Road to the
Eagle Island State Park the applicant shall construct a 12-foot wide pathway within the easement
on the applicant's site. The pathway shall be constructed by the applicant as an unpaved
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compacted gravel path, with mix and depth of gravel to be as required by the City Engineer, and
shall be built above the 6500 cfs flow as measured at the Glenwood Bridge. The two (2) five (5)
acre Nature Preserves need not remain as Nature Preserves once the pathway is constructed.
2.7 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 development plans for this site.
E. DISCUSSION:
.
Eagle City Code Section 8-6-6-3, requires all final development plans to be reviewed by the
Planning and Zoning Commission as well as the City Council. This is partly to allow for
additional City review for flexibility needed for long range and large PUDs.
.
Regarding Eagle City Code findings for a conditional use permit, planned unit development
preliminary development plan, and preliminary plat - As a part of the application submittal for
this project, and in accordance with application submittal requirement #12, the applicant has
provided an 8 page document, dated June 6, 2000 (attached). The document outlines how the
applicant intends to guarantee that this project will meet the Eagle City Code required findings
for a conditional use permit, planned unit development preliminary development plan, and
preliminary plat.
.
The northern most portion of the site (specifically shown on the plat as Lots 2 thru 13, Block
1) was not originally included in the development agreement (RZ-8-98) for the site. This 5.43-
acre parcel is proposed to be split from a neighboring property and included into this
subdivision. The zoning designation proposed for this portion of the site is R-2-P (which is
the same designation as the southern portion of the site).
.
Staff believes that the ten (10) 6,000 - 9,000 square foot lots proposed along the eastern
property boundary of this site (Lots 1 thru 10, Block 3) are not compatible with the 2-acre lot
and residence to the east. Staff recommends that the number of lots along the eastern portion
of this site be significantly reduced. Higher density residential areas should be located away
from exterior property boundaries to reduce impacts to neighboring properties.
.
To consider the lakes as useable open space for the entire subdivision, access points for
recreation use should be provided. Staff recommends that a minimum of two common area
lots (with vehicle access to the public road) be provided. Size, design, location, and open
spaces amenities for these lots shall be reviewed and approved by the Design Review Board
prior to City approval of the final plat.
Staff will provide detailed discussion regarding this proposed development during the oral
presentation at the Planning and Zoning Commission and City Council meetings.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
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A. A public hearing on the application was held before the Planning and Zoning Commission on July 17,
2000. Testimony was taken, the public hearing was closed, and the Commission made their
recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by one (1) individual who voiced concerns regarding drainage and flooding issues.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
one (1) individual (not including the applicant/representative) who stated that he is in support of this
project.
COMMISSION DECISION:
The Commission voted 3 to 0 (two absent) to recommend denial of RZ-4-00/PPUD-4-00/CU-6-
00/PP-5-00 (Eagle Island Ranch Estates Planned Unit Development) for the following reasons:
The development as presented does not comply with the objectives of the Eagle City planned unit
development code and comprehensive plan, in that the development does not address the transition
from high density, namely on the east side of the development with that property directly
adjoining, the increased density and smaller lot sizes are incompatible with the adjoining property
and not sufficiently offset by other amenities to justify a PUD. Also, the application does not
comply with the development agreement on record for the property specifically with
respect to the lake size and the nature preserve.
Other items that the Commission identified that the applicant should address to obtain approval
include; Comply with site specific and staff conditions of approval stated within the staff report,
with the following additions and modifications. Adding site specific condition: The removal of
materials from this site for purpose of sale shall not be permitted. Add a condition that the lots
along the eastern border of this subdivision shall comply with R-2 zoning, setbacks and minimum
lot size according to R-2 conditions. The unplatted portion of the property within the floodway
shall be shown as incorporated into the subdivision as a lot and block with a note stating with a
note stating no building flood way area. The two (2), five acre nature preserves shall be shown on
the plat map and indicated as such. The pathway shall be shown on the plat and indicated as such.
All waterways shall be designed to provide for natural circulation or be augmented with pumps to
facilitate circulation. Minimum lake size shall be 8 acres.
CONCLUSIONS OF LAW:
A. The applications for this item were received by the City of Eagle on June 9, 2000.
B. 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 30, 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 June 30, 2000. Requests for agencies' reviews were
transmitted on June 12, 2000 in accordance with the requirements of the Eagle City Code.
C. In accordance with Eagle City Code findings for a rezone, planned unit development preliminary
development plan, a conditional use permit and a preliminary plat application, the Eagle Planning and
Zoning Commission makes the following conclusions for RZ-4-00/PPUD-4-00/CU-6-0/PP-5-00 (
Eagle Island Ranch Estates Planned Unit Development), as proposed:
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The proposed rezone, preliminary development plan, conditional use and preliminary plan;
A. Are not in the public interest, and do not advance the general welfare of the community and
neighborhood, and will be detrimental to the economic welfare of the community since the
development is too dense, and the lot sizes are too small, especially along the east side which
will conflict with adjoining and nearby property.
B. Is not harmonious with and in accordance with the general objectives and specific objective of
the Comprehensive Plan and this title (Eagle City Code Title 8) in particular because the
development is not in conformance with the Comprehensive Plan provisions related to open
space, and the Residential Two designation of the Comprehensive Plan and the lot sizes
associated with that zoning designation;
C. Is not 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
would change the essential character of the same area since the development will not meet the
City's zoning requirements;
D. Will be hazardous or disturbing to existing or future neighborhood uses since the area is
primarily surrounded by residential and agricultural property zoned at an R-2 designation;
E. The development does not meet the provisions of a PUD, namely that the development does
not provide sufficient amenities to justify the increased density; and
F. The development does not minimize the adverse impact on other nearby development.
DATED this 14th day of August, 2000.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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John Fran n, Chairman
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Page 14 of 14
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