Findings - CC - 2002 - CU-5-02/PPUD-1-02/PP-2-02 - Cottonwood Crk Subd/13.66 Acre/26 Lot/2421 N Eagle
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT, PRELIMINARY
PLANNED UNIT DEVELOPMENT PLAN,
AND PRELIMINARY PLAT FOR COTTONWOOD
CREEK PLANNED UNIT DEVELOPMENT FOR
COTTONWOOD CREEK JOINT VENTURE LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-5-02/PPUD-I-O2/PP-2-02
The above-entitled conditional use permit, preliminary planned unit development plan, and preliminary
plat applications came before the Eagle City Council for their action on August 27, 2002. The Eagle City
Council having heard and taken oral and written testimony, and having duly considered the matter, makes
the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Cottonwood Creek Joint Venture LLC, represented by Land Consultants Inc., is
requesting a conditional use, planned unit development preliminary development plan, and
preliminary plat approvals for Cottonwood Creek Subdivision, a planned residentiaVoffice
development. The 13.66-acre, 26-10t (IS-residential, 6-commercial, S-common)
subdivision is located on the west side of Eagle Road approximately 3/4 mile north of
Chinden Boulevard, at 2421 North Eagle Road.
B.
APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on May 28, 2002.
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 24, 2002. 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 19, 2002. Requests for agencies' reviews were transmitted on May 31,
2002, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on August 12, 2002. 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 August 7, 2002.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 9, 2002, the Eagle City Council approved a comprehensive plan amendment and
rezone (CPA-3-01 & RZ-14-01) with a development agreement (including a concept plan)
for this site.
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E.
COMPANION APPLICATIONS: DR-38-02
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Mixed Use L-O-DA-P (Limited Office Vacant
with Development
Agreement, PUD)
Proposed No Change No Change ResidentiaVCommercial
PUD
North of site Residential Two (up to 2- A-R (Agricultural- Vacant
units per acre max.) Residential)
South of site Residential Two (up to 2- R-2-P (Residential PUD) Banbury Meadows
units per acre max.) Subdivision
East of site Residential Two (up to 2- A-R (Agricultural- Rural residence and
units per acre max.) Residential) Agricultural land
West of site Residential Two (up to 2- R-2-P (Residential PUD) Banbury Meadows
units per acre max.) Subdivision
G.
SITE DATA:
Total Acreage of Site - 13.66
Total Number of Lots - 26
Residential- 15
Commercial - 6
Industrial - 0
Common - 5
Total Number of Units - 15
Single-family - 15
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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Additional Proposed Required
Site Data
Dwelling Units 1.96 1.96 - units per acre (15-units total for the 7.66-acre residential
Per Gross Acre portion of the development as outlined in the development
agreement approved for this site)
Minimum Lot 12,215 sq. ft. 10,000 sq. ft. minimum (pursuant to the development agreement
Size approved for this site)
Minimum Lot 86-feet 25-feet
Width
Minimum 64-feet O-feet
Street Frontage
Total Acreage 2.43-acres * 1.36-acres (minimum)*
of Common
Lots
Percent of Site 18%* 10% (minimum)*
as Common
Area
* Includes landscape strips abutting the internal roadways and Lot 7, Block 1, which provides
parking for the commercial portion of the development - see section "H" discussion below.
H.
GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Will provide a total of 18% of common area (10% required - see site data above) which
encompasses both the residential and commercial sections of the development. Although
located within a common lot which also provides for parking, a landscaped courtyard with
benches, tables and water fountains is a central feature within the commercial portion of
the development. To the south of the office complex is a landscaped open space area with
a pond and small stream, which is readily accessible by the residents of the development.
In the residential portion, along with a landscaped parking strip abutting the roadway and
a common lot that also serves storm water drainage, a natural preserve area is to be
reserved for the use of the residents and wherein building encroachment is prohibited.
Connecting sidewalks abutting the roadways provide access to various points within the
development, including a meandering pathway within the open space south of the office
complex (as depicted on the plans submitted for design review date stamped by the City
on June 3, 2002).
Storm Drainage and Flood Control:
Street drainage plans shall be 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
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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:
The parcel is situated south of the South Channel of the Boise River (ranging in distance
from 400 to 1600 feet) which has resulted in the creation of a wetland area with numerous
existing trees within the 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. The applicant is to utilize the
existing natural features in the northern portion of the site (with a small section located in
the southern portion) by designating the wetlands area to remain in their natural state with
building encroachment prohibited.
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.
I.
STREET DESIGN:
Private or Public Streets: Public
The applicant is to construct a 1, 160-foot (approximate) long roadway into the subdivision
traveling westerly from Eagle Road and terminating in a cul-de-sac. The roadway abutting
the office complex is required by the Ada County Highway District (Commission report
dated June 28, 2002) to be constructed as a 40-foot street section within 54-feet of right-
of-way. The roadway serving the residential lots is allowed by the Ada County Highway
District to be constructed as a 29-foot street section within 42-feet of right-of-way.
Blocks Less Than 500': No
Cul-de-Sac Design:
There is one cul-de-sac proposed for the subdivision with a length of 961-feet (as
measured from the centerline of the commercial driveway access) and terminates within a
45-foot radius right-of way. Eagle City Code requires cul-de-sac streets shall not be more
than five-hundred feet in length and shall terminate in a circular turnaround within a
minimum radius of fifty-feet of right-of-way.
Sidewalks, Curbs and Gutters:
The applicant has proposed 4-foot wide sidewalks separated from the curb by as-foot
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wide landscape strip abutting the internal roadway. Eagle City Code requires sidewalks to
be a minimum of 5-feet wide.
Lighting:
Lighting for the proposed public 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 name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
J.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
See "Open Space, Greenbelt Areas and Landscape Screening" under "H" and Sidewalks,
Curbs and Gutters above.
K.
PUBLIC USES PROPOSED: None proposed
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
M.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - yes - potential wetlands area
Evidence of Erosion - not significant
Fish - none observed
Floodplain - 500-year
Mature Trees - yes
Riparian Vegetation - yes
Steep Slopes - no
Stream/Creek - yes - South Slough
Unique Animal Life - none observed
Unique Plant Life - none observed
Unstable Soils - none shown to exist
Wildlife - yes
N.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not provided. A portion of the residential section of the site appears to be located within a
wetland area. City Engineer review and approval of documentation addressing the
preservation of the wetlands is required prior to City approval of the final plat.
O.
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 date stamped by the City on July 9, 2002
are of special concern (see attached).
Ada County Assessor
Ada County Highway District
Central District Health Department
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Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Joint School District No.2
United Water
P.
LETTERS FROM THE PUBLIC: None received to date.
Q.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant states in the narrative that the commercial portion of the development is
proposed to develop in two (2) phases and the residential portion in one (1) phase, with an
estimated final buildout in 5 years depending on market conditions. Construction is
anticipated to begin as soon as practical after City approvals.
R.
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 fIfe 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.
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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 cases 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):
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 FEATURES - For up to 5%
That the quality of the designs for street sections, architectural styles, harmonious use of materials,
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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:
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.
Chapter 6 - Land Use
6.3 - Land Use Designations
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.
Chapter 8 - Transportation
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.
Chapter 9 - Parks, Recreation and Open Spaces
9.5 - Pathways and Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
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9.5.2
9.6
9.6.1
9.6.2
Greenbelts are typically land areas that border scenic features or hazard areas (Le. the
Boise River and Dry Creek) and are designed to prevent undesirable encroachment.
Greenbelts may include pathways and/or bike lanes.
Objectives
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
Open space is land which is not used for buildings or structures and offers opportunities
for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism,
leisure activities, viewpoints, and wildlife habitat.
Goal
To provide wherever possible open space and natural features such as natural river
frontage, greenbelts, river trails and pathways, creeks, flood plains and flood ways,
drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and
viewpoints for public use and enjoyment.
Objectives
a.
To establish open space to protect the finite resource base of Eagle's natural
environment - air, ground water, surface water, soil, forested areas, plant and
wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and
wetlands.
b.
To provide an open space setting for active and passive recreation for all age
groups throughout the community.
c.
To protect against hazards that are inherent to flood plains, flood ways, steep
slopes, and areas of geological instability.
d.
To protect the natural lay of the land (e.g., minimize land disturbance).
e.
To protect such unique environmental areas as historical, geological, and
archaeological sites and monuments, natural areas, and wildlife habitat.
Chapter 11 - Special Areas and Sites
11.1 - Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or
sites should be analyzed according to their defined function. Whenever possible,
these sites should be preserved and conserved as open spaces or for educational
and cultural centers. Development of Special Areas or Sites should take place in a
manner that reflects harmony with their natural environment and recognized
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qualities which render them distinctly unique.
11.4 - Implementation Strategies
g.
Preserve existing trees and establish appropriate landscaping as a part of
new developments.
h.
Encourage the preservation of habitat areas which provide for fish and
wildlife.
Chapter 12 - Community Design
12.3 - Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents
to Eagle. City entryways 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.
12.4 - Implementation Strategies
k. Encourage the preservation of natural resources such as creeks, drainages,
steep slopes, and ridgelines as visual amenities.
q. Maintain the rural residential character and open space environment in and
around the City.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-1-2 OPEN SPACE:
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
.
ECC Section 8-2-3 Official schedule of District Regulations states in part:
A single-family dwelling unit in an L-O (Limited Office) zoning district requires the
approval of a conditional use permit.
.
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
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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 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;
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.
C. SUBDIVISION ORDINANCE PROVISIONS
REGARDING THIS PROPOSAL:
WHICH
ARE
OF
SPECIAL
CONCERN
.
ECC Section 9-3-2-1 (G) Cul-De-Sac Streets, states in part:
Cul-de-sac streets shall not be more than five hundred feet (500') in length and shall
terminate with an adequate circular turnaround having a minimum radius of fifty feet (50')
of right of way.
.
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.
.
ECC Section 9-4-1-6 (F) Sidewalk Design:
1. Sidewalks, a minimum five (5') feet wide, shall be required on both sides of the street;
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except, that where the average width of lots, as measured at the street frontage line or
at the building setback line, is over one hundred feet (100'), sidewalks on only one
side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County Highway District.
3. Sidewalks shall be separated from the edge of the abutting roadway and / or back of
curb by a minimum five-foot (5') wide landscape strip. The landscape strip shall be
completed with sod, automatic irrigation, and planted with 3-inch minimum caliper
shade-class trees along all streets within the subdivision. Installation of landscaping
shall be in accordance with Section 8-2A-7 of this Code.
.
ECC Section 9-5-4-3 (C) Storage Areas:
Storage areas shall be provided for the anticipated needs of boats, campers and trailers.
For typical residential development, one adequate space shall be provided for every two
(2) living units. This may be reduced by the City Council if there is a showing that the
needs of a particular development are less.
.
ECC Section 9-5-4-3 (E) Maintenance Building:
A maintenance building shall be provided of such size and in such location as is suitable
for the service needs that are necessary for the repair and maintenance of all common
areas.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ARTICLE II CONDITIONS OF DEVELOPMENT
2.1 Concept Plan No.2 (Exhibit B) represents the Owners' current concept for the development of
the Property. The intent of the Concept Plan is for the approval of the uses described in
Section 2.2 below. As the Concept Plan evolves, the City understands and agrees that changes
in that concept may occur as long as the conditions herein are complied with and the Owners
understand and agree that a Planned Unit Development (PUD) application shall be required
for any development of the Property.
A final development plan will only be required to be acted upon by the City Council,
subsequent to the review and approval of the preliminary development plan and preliminary
plat by the Planning and Zoning Commission and the City Council. The City and Owners
agree that if the City determines that any material change 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 of the preliminary development plan, the Planning and
Zoning Commission shall review the final development plan prior to the review by the City
Council.
2.2 The property is approximately 13.7 acres and shall be permitted to be developed with the
following uses.
a. A maximum of 32,000 square feet of Professional, Medical and or Dental Office
space (with no one building on the site to exceed 6,000 square feet) on the
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approximately six (6)-gross acres of the site designated for commercial uses.
b. A maximum of fifteen (15) single-family homes on approximately 7.7- gross acres.
Building envelopes designating the location of the single-family residences (to ensure
construction does not occur within any wetlands area) shall be shown on any
preliminary plat and PUD application submitted to the City.
2.3 The exterior of the office buildings shall include design elements and building materials to
portray an appearance that is residential in nature. The photographs received at the Planning
and Zoning Commission meeting on February 19,2002, and labeled "Office Park Concept"
(Exhibit C) as well as the office building elevation presented to the City Council on March 26,
2002, (Exhibit D) are incorporated herein and shall be considered a part of the development as
a design guideline.
2.4 The Owners shall submit a design review application for the property (as required by Eagle
City Code).
2.5 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.
2.6 The commercial portion of the Property shall be constructed with a minimum 20-foot wide
buffer area adjacent to the southern boundary of this site.
E. DISCUSSION:
.
Upon approval of the rezone and development agreement for this site, the Planning and Zoning
Commission and the City Council determined the following conditions shall be included as
conditions within any application for a planned unit development (PUD) and/or preliminary plat
submitted for the site: (Note: The italicized text included beneath each condition is staffs
response to said condition)
1. If it is determined that wetlands areas exist on the site, a note on the plat as well as
within the CC&R's for any proposed subdivision shall state that all Federal, State
and Local regulations governing a designated wetlands area shall be adhered to.
The applicant has designated on the preliminary plat wetlands areas which are to
be preserved with building encroachment prohibited. A note which addresses this
issue will be required on the final plat as well as the subdivision CC&R's.
2. If it is determined that a pathway is required within the site (as may be indicated
on the 2000 Eagle City Comprehensive Plan's TransportationlPathway Network
Map #1 of 2 or if required for connectivity to any future pathway), the applicant
shall construct said pathway in a location and configuration to be determined at
the time of PUD review for the proposal.
Although the 2000 Eagle City Comprehensive Plan's Transportation/Pathway
Network Map #1 of 2 shows a pathway to be located in the parcel north of this
parcel (abutting the southern side of the South Channel of the Boise River), it
may be feasible to provide a connection to the eventual Citywide pathway
network. A sewer easement located between Lot 15 (residential lot) and Lot 16
(common lot), Block 1, extends north to lO-feet short of the northern property line
of this development. If this easement were extended to the northern boundary of
this site, and upon development of the parcel to the north, the pathway connection
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could be facilitated. A pathway easement located approximately 200-feet north of
this site has previously been provided for in the Streamside Subdivision, with the
intent to be connected to a future pathway in the area.
3. All lighting within the commercial portion of the site shall include design
elements (to be reviewed and approved by the Design Review Board) to mitigate
the effects of light upon neighboring properties and the night sky.
The applicant has submitted lighting details to the City for review and approval
by the Design Review Board to satisfy this requirement.
4. A buffer area (to be reviewed and approved by the Design Review Board) shall be
constructed between the proposed office complex and the proposed single-family
residences to the west.
As indicated on the preliminary plat, a twenty-foot wide easement has been
provided to buffer the commercial portion of this site from the residential. A
landscape plan has been submitted for review and approval by the Design Review
Board.
5. The single-family residential lots proposed for the western portion of the site shall
be no less than 10,000 square feet in size.
As indicated on the preliminary plat, no residential lot is less than lO,OOO-square
feet in area.
.
The majority of the open space proposed for the use by the residents consists mainly of a pond,
landscaped open space, and a pathway located to the south of the commercial portion (office
complex) east of the residences. The applicant has indicated that the area shown on the
preliminary plat as "natural preserve area" (not included within the minimum open space
requirements) along the northern boundary will be available for use by the residents of the
development. The preserve area is a part of the residential Lots 8-15 and 17, Block 1, and
therefore property owned by separate individuals and not by a homeowner's association. Since the
City is not requiring this land to be set aside for common open space, the issue of which persons
are free to use the area is a matter to be agreed upon by the individual property owners. The only
concern the City staff has with the preserve area is assurance that the lands will remain in their
natural state and that buildings or other structures will not be permitted. A note stating that no
buildings or structures are permitted within the wetlands area and that the wetlands area is to
remain in its natural state should be placed on the final plat (as generally proposed on the
preliminary plat) as well as within the subdivision CC&R's.
.
Concerning a pathway connection to the future City pathway network (as mentioned in the above
discussion), the applicant should construct a minimum 6-foot wide asphalt or concrete pathway
within the sewer easement to the northern boundary of Lot 16, Block 1, which is a common lot
that abuts the southern half of the wetlands area. The pedestrian easement within Streamside
Subdivision is delineated with signs (informing the public a pathway is proposed) but has not been
improved since a greenbelt pathway currently does not exist to connect to. Because a greenbelt
pathway does not currently exist, and due to the sensitive nature of the wetlands area, it may be
considered too soon to extend the pathway further beyond this point. Once the property to the
north develops, the location and types of materials for a pathway can more easily be determined as
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to what is appropriate for the area.
.
ECC Section 9-3-2-1 (G) requires cul-de-sac streets to not be more than five hundred feet (500') in
length to terminate with an adequate circular turnaround having a minimum radius of fifty feet
(50') of right of way. The applicant has requested to deviate from this ordinance by constructing a
roadway 961-feet long ending in a turnaround within a right-of-way radius of 45-feet, and states in
the narrative that the benefit of this deviation is "the lessened impact that the entire subdivision
would have on Eagle Road by eliminating one of the access points previously approved with the
concept plan". The City Engineer states in his letter date stamped by the City on July 9,2002, that
the length of the cul-de-sac raises a concern about the response time of emergency services and
recommends that an intermediate cul-de-sac or knuckle may alleviate the situation. However, if
the Eagle Fire District approves of the cul-de-sac length, the City Engineer would recommend
approval of the final plat. City staff has verified with the Eagle Fire District that preliminary
approval of the cul-de-sac length will be provided in a letter to the City.
Past City Council action has permitted cul-de-sac roadways to exceed the maximum length
permitted by Eagle City Code in subdivisions including the Brookwood PUD and Yorkshire
Acres. This subject development is similar to Yorkshire Acres in that the site has constraints on
all sides of the parcel, limiting access to and through the site. Existing subdivisions abut both the
southern and western boundaries of this site, wetlands abut the northern boundary and Eagle Road
to the east has access limitations. In the case of Yorkshire Acres, the City Council acknowledged
that the project was an infill development and waived the requirement for the cul-de-sac length to
be a maximum of 500-feet, based in part on an approval letter by the Eagle Fire District. It may be
considered that since this current development is similar in character to Yorkshire Acres, the
maximum required cul-de-sac length might be waived if approved by the Eagle Fire District. The
applicant should construct an intermediate cul-de-sac or knuckle located between Lots 10 and 11,
Block 1, unless the Eagle Fire District approves the cul-de-sac length of 961-feet and the City
Council determines a waiver of the maximum cul-de-sac length of 500-feet is warranted. In
addition, the City Council may consider the proposed minimum turning radius of 45-feet
acceptable if the Eagle Fire District approves and since the Ada County Highway District accepts
this standard.
.
ECC Section 9-5-4-3 (C) requires that storage areas be provided for the anticipated needs of boats,
campers, and trailers. The applicant has requested to deviate from this ordinance and states in the
narrative that the CC&Rs will specify the storage of boats, campers, and trailers in an enclosed
building. The applicant should provide more detail as to where the enclosed building is to be
located, i.e. upon each individual lot or in a central common area. If the Council determines that
individual lot storage is more appropriate than a common storage facility, the applicant should
provide a copy of the CC&Rs for review which define the proper storage of the boats, campers and
trailers. If a common storage area is required, then the applicant should be required to obtain
design review approval and should construct the storage area prior to City Clerk signing the final
plat.
.
ECC Section 9-5-4-3 (E) requires that a maintenance building be provided of such size and in such
location as is suitable for the service needs that are necessary for the repair and maintenance of all
common areas. The applicant has requested to deviate from this ordinance and states in the
narrative that an outside contractor will be hired by the homeowner's association to maintain and
service the common areas. If the Council determines that an outside maintenance contractor is
more appropriate than an on-site maintenance building, the applicant should provide a copy of the
CC&Rs for review which define the guidelines for the contracting of an outside maintenance firm.
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If a maintenance building is required, then the applicant should be required to obtain design
review approval and should construct the maintenance building prior to City Clerk signing the
final plat.
.
The Ada County Highway District has approved the construction of 4-foot wide concrete
sidewalks abutting Cottonwood Drive in the residential portion of this development. Since Eagle
City Code requires the construction of 5-foot wide concrete sidewalks, the applicant should
provide drawings for review and approval delineating the construction of 5-foot wide concrete
sidewalks prior to City approval of a final plat.
.
The applicant has not proposed the construction of a sidewalk on the south side of Cottonwood
Drive since a pathway is proposed within the common area south of the roadway that will connect
to a sidewalk abutting Eagle Road. A sidewalk will be constructed on the north side of the road
with crosswalks to provide access to the south. Staff is supportive of not requiring the
construction of a sidewalk abutting the southern side of Cottonwood Drive since pedestrian access
and circulation is adequately provided for with crosswalks and a sidewalk on the north side of the
roadway, in addition to the pathway within the common open space.
ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval of the conditional use permit, preliminary development plan, and
preliminary plat with the site specific conditions of approval and the standard conditions of
approval provided 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 15,
2002, 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 no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of CU-5-02/PPUD-I-02/PP-2-02 for a
conditional use, preliminary planned unit development plan, and preliminary plat for Cottonwood
Creek planned residential and commercial development with the site specific conditions of
approval and standard conditions of approval shown within their Findings of Fact and Conclusions
of Law document, dated August 5, 2002.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 27, 2002, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
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C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-5-02/PPUD-I-02/PP-2-02 for a conditional use,
preliminary planned unit development plan, and preliminary plat for Cottonwood Creek planned
residential and commercial development with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval with
underline text to be added by the Council and strikethrough text to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Comply with all site specific recommendations (excluding item No.1) provided within the City's
Engineering firm's (Holladay Engineering) letter date stamped by the City on July 9, 2002.
2.
Comply with all requirements of DR-38-02, RZ-14-01 and the development agreement approved for
this site.
3.
The Cottonwood Drive cul-de-sac is permitted to be constructed with a length greater than 500-feet
(approximately 961-feet), provided that all conditions within the Eagle Fire District's letter of July 15,
2002, are complied with.
4.
The applicant shall construct the cul-de-sac with a minimum 50-foot right-of-way radius at the western
terminus of Cottonwood Drive (design to be approved prior to final plat approval).
5.
The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at the front of each lot generally located on each side lot line. The trees shall be
located in the 5-foot wide landscape strip between the sidewalk and the curb. Prior to the City Clerk
signing the final plat for each phase, the applicant shall either install the required trees, sod, and
irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all
landscape and irrigation improvements within the 5-foot wide landscape strip. Trees shall be installed
prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if
weather does not permit landscaping.
6.
Construct a minimum 5-foot wide sidewalk along Eagle Road abutting this site generally in the
location depicted on the preliminary plat date stamped by the City on May 28, 2002.
7.
A five-foot wide concrete sidewalk will not be required abutting the southern side of Cottonwood
Drive (a pathway is to be provided through the common lot south of the roadway instead, as shown on
the plans approved by the Design Review Board and date stamped by the City on June 3, 2002).
8.
Setbacks that are reduced from those required in Eagle City Code Section 8-2-4 have not been
proposed and none are approved with this application.
9.
Include on the final plat a pedestrian easement to be located within the sewer easement located on the
common side lot line between Lots 15 and 16, Block 1. The easement shall be extended
approximately lO-feet (10') to join the northern boundary of this subdivision to provide connectivity
for a pathway upon future development of the property to the north. Construct the pathway as a
minimum 6-foot wide crushed cinder walkway from Cottonwood Drive to the northern boundary of
Lot 16, Block 1, with a sign stating generally that the easement is dedicated for a future City pathway
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connection. Upon future development of the parcel to the north, the location and materials to be used
for the construction of the connecting pathway from the northern terminus of this path will be
determined based upon further study of the area.
10. Note No. 16 on the preliminary plat (date stamped by the City on May 28, 2002) regarding the
restrictions on the natural preserve area shall appear both on the final plat and within the CC&R's.
11. Final development plans shall be reviewed by the City Council 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. All healthy trees (as determined by a certified arborist) shall be preserved and integrated into the open
space design for the development. A revised preliminary plat and revised landscape plan showing
how the trees will be integrated into the open space areas shall be provided for Design Review Board
approval prior to Council approval of a final development plan.
13. The landscaping of the 20-foot wide landscape easement located between the commercial and
residential portions of the development shall be completed prior to the issuance of any building
permits within the office complex.
14. Useable park amenities as approved by the Design Review Board on July 11,2002, and as determined
by the City Council shall be provided within the open space areas. Landscape plans showing open
space amenities shall also be reviewed and approved by the Design Review Board.
15. 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 the approval of a final development plan.
16. The entire Cottonwood Creek development
HomeownerslBusiness Owners Association.
shall remain under the control
of one
17. The CC&R's for the Cottonwood Creek Owner's Association shall provide that the association shall
have the duty to maintain and operate all of the common landscape areas in the subdivision in a
competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees. The association shall utilize competent outside contractors.
18. The CC&R's for the Cottonwood Creek Owner's Association shall provide that the storage of any
vehicles, whether they be automobiles, pick-up trucks, SUV's or a small boat shall only be stored in
an enclosed garage upon each Lot. There shall be no open outdoor storage of any boats, sail boats,
RV's or the like in the subdivision.
19. Place a note on the final plat stating that Lot 7, Block 1, is for reciprocal cross-access for vehicular
and pedestrian ingress and egress to the public right-of-ways.
20. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
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21. The applicant shall comply with all conditions agreed to at the public hearing although said conditions
may not be specifically outlined herein.
STANDARD CONDITIONS OF APPROVAL:
1.
2.
3.
4.
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.
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 (Le. Title 50, Chapter 13 and LC. 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 (Re.e. 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.
8.
Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9.
The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
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11.
12.
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.
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 be inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits.
The proposed fIfe 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
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16.
17.
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 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 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 Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
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.
20.
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
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27.
28.
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.
No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
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 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 May 28, 2002.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on June 24, 2002. 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 19,2002. Requests for agencies' reviews were
transmitted on May 31, 2002, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on August 12,
2002. 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 August 7, 2002.
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3. In accordance with Eagle City Code findings for a conditional use permit, preliminary planned unit
development plan and preliminary plat, the Eagle City Council makes the following conclusions for
CU-5-02/PPUD-I-02/PP-2-02 for Cottonwood Creek planned residential and commercial development
as proposed with the conditions recommended herein:
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 because;
The noise and air pollution created by the high volume of traffic on Eagle Road diminishes the
desirability for the subject property to be developed solely for residential use. Through the
conditions of this application as well as the development agreement previously approved for this
development, the site will provide a well designed office complex with park-like landscaping that
may aid in mitigating the traffic impacts on existing residential development to the south and west
as well as future residential uses to the north (as anticipated within the City of Eagle's 2000
Comprehensive Plan) surrounding the subject property.
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 because;
The Cottonwood Creek development has been designed to incorporate the natural preserve area
located in the northern portion of the site to help preserve the existing character of the site as well
as provide recreational opportunities to the residents.
All property owners will be required to join an Owners Association which will also be responsible
for maintenance of the common areas and the community facilities from owner fees and
assessments.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The development will provide a landscaped buffer area between the commercial portion of the site
and the existing residences to the south. Although the proposed dwelling units will be compatible
with the existing homes to the south, trees will be planted along the southern boundary of this site
to lessen the impact that new development will have on the existing 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 because;
The development has incorporated design elements into the project which require the office
buildings to be located in a park-like setting as well as to have residential architectural features to
blend in with the surrounding residential uses. The proposed dwelling units on the site will be
compatible with the existing units to the south and west.
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 because;
All central services are available to be extended into the site. Development of sewer, water,
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drainage, streets and other urban services will be provided at the developer's expense. The
addition of more residences to the area may help facilitate the construction of new buildings within
the School system.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses.
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 because;
The development plan was designed with consideration to not only preserve the surrounding
natural environment of the preserve area but to also allow residents to enjoy said environment by
allowing access into the natural preserve area. A pathway will traverse through a landscaped open
area containing a pond which will be utilized as a visual amenity and also for fishing and other
recreational opportunities.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
Access to the development will be from Eagle Road by way of Cottonwood Creek Drive. The
parcel originally had two access points but one access was eliminated to mitigate any potential
conflicts that typically occur with multiple driveways. The design and construction of the roadway
and entrances is guided by both the Ada County Highway District and the Idaho Transportation
Department.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
The project area is limited due to the natural boundary of the preserve area to the north and the
existing residential subdivisions to the west and south. With these restrictions, the site will only
develop the open land located between these boundaries while preserving and incorporating the
natural features that currently exist on the site.
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 because;
While the City of Eagle's 2000 Comprehensive Plan encourages new development to provide for
intra-neighborhood interconnectivity, the Commission felt that access to a citywide pathway
network could be achieved because of this development's short distance to a required sidewalk on
Eagle Road. The Commission did require a pedestrian easement within this development for a
future connection of the western end of the subdivision to the properties to the north, although
improvements to the pedestrian easement are more appropriate upon the determination of the costs
and location of a future pathway connecting to this development.
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K:\P1mming DeptlEagle ApplicationslSUBSI2002lCottonwood Creek PUD cot.doc
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 because;
This application requests approval for a preliminary development plan and conditional use permit
as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet
the conditions herein. In addition, the site was recently zoned to Limited Office with a
development agreement to ensure the development will satisfy the requirements of this zoning
classification.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed planned unit development justifies any proposed deviation from any
standard district regulations because;
The Council determined that because this PUD subdivision has restricted access due to a natural
preserve area to the north and existing subdivisions to the west and south, the single roadway
accessed from Eagle Road warrants allowing the cul-de-sac length on Cottonwood Drive to be
longer than the required maximum of 500-feet. Furthermore, the Eagle Fire Department has
approved the cul-de-sac length in excess of 500-feet with the condition that parking be limited to
one side of the street.
DATED this 10th day of September 2002.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Cou , d 0
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ATTEST:
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"'-Sharon Moore, Eagle City Clerk
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K:\Planning DeptlEagle App1ications\SUBS\2002\Cottonwood Creek PUD ccf.doc