Findings - CC - 2002 - RZ-10-98/CU-9-98/PPUD-2-98/PP-8-98 MOD - Modification To Cu/Pdp/Pp/Now Two Rivers
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A MODIFICATION TO THE REZONE,
CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT
FOR QUARTER CIRCLE RANCH PLANNED UNIT
DEVELOPMENT FOR T. R. COMPANY LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-IO-98/CU-9-98/PPUD-2-98/PP-8-98 MOD
The above-entitled rezone, conditional use permit, preliminary development plan, and preliminary plat
modification applications came before the Eagle City Council for their action on October 22, 2002, at
which time the Council approved the applications. At the applicant's request, a second public hearing was
held on November 26, 2002, to allow new information and testimony to be submitted regarding the
provision of private/gated streets. The Eagle City Council made their decision at that time. 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:
T. R. Company LLC, represented by Dan Torfin, is requesting a rezone from A & A-R
(Agricultural & Agricultural-Residential) to R-2-P (Residential - up to two units per acre
maximum - PUD) and a modification to the conditional use, preliminary development
plan, and preliminary plat for Quarter Circle Ranch (now called Two Rivers) planned unit
development. The modification consists of adding 6.97-acres and 24-lots (16-buildable,
8-common) to the previously approved 237-acre PUD' The site is generally located on the
west side of Eagle Road approximately 1600-feet south ofIsland Woods Drive.
B.
APPLICATION SUBMITTAL:
The applications for these items were received by the City of Eagle on July 12,2002.
e.
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 August 19, 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 14, 2002. Requests for agencies' reviews were transmitted on July 22,
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 October 7, 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 October 3,
2002.
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E.
F.
Notice of the s&ond Public Hearing for tbe Eagle City Council regarding the prìvate
streets was published in accordance for requirements of Title 67, Chapter 65, Idaho Code
and the Eagle City ordinances on November 5, 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 October 31, 2002.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 27, 1999, the Eagle City Council approved rezone, conditional use permit,
planned unit developmenl preliminary development plan. and preliminary plat applications
(RZ-IO-98/CU-9-98IPPUD-2-98IPP-8-98) for Quarter Circle Ranch PUD (now known as
Two Rivers).
As of this date, the City has approved four subdivision phases for this development.
COMPANION APPLICATIONS: None
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up to A-R (Agricultural- Agricultural land &
two-units per acre max.) Residential) Apartments
Proposed No Change R-2-P (Residential PUD) Inclusion to the Quarter
Circle Ranch (Two Rivers)
PUD
North of site Residential Two (up to A (Agricultural) Pasture & vacant land
two-units per acre max.)
South of site Residential Two (up to A (Agricultural) & A-R Apartments & vacant land
two-units per acre max.) & (Agricultural- Residential),
Floodway
East of site Residential Two (up to R-2-P (Residential - PUD) Island Woods Subdivision
two-units per acre max.)
West of site Residential Two (up to A (Agricultural) and A-R Residences and
two-units per acre max.) (Agricu ltural- Residential) Agricultural land
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA: (figures in parenthesis represent original approved Quarter Circle PUD)
Total Acreage of Site - 244.1 O-acres (237.13-acres)
Total Number of Lots - 425 (419)
Residential - 371
Commercial - 0
Industrial - 0
Common - 54 (50)
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llEAGLENTllCOMMONIPlamung DeptlEagle APplicatiOJls\5UBS\2002IQuarter Cin;le Ranch PUD (Two Rivers) MOD ccf2.ùoc
Total Number of Units -
Single-family - 315 (329)
Duplex - 0
Multi-family - 56 (42)
Total Acreage of Any Out-Parcels - 0
Additional Proposed Required (for a non-PUD development
Site Data in the R-2 zoning district)
Dwelling 1.52 (1.56) 2-units per acre maximum
Units Per
Gross Acre
Minimum Estate Lots: 3;4-acre - 2-acres 17,000 sq. ft. (minimum)
Lot Size Luxury Lots: 14,375 sJ. (approx.)
Custom Lots: 8,000 - 10,000 sJ. (approx.)
Carriage Lots: 5,000 s.f. (minimum)
Minimum Estate Lots: 75-feet 75-feet
Lot Width Luxury Lots: 75-feet
Custom Lots: 70-feet
Carriage Lots: 50-feet
Minimum 35-feet 35-feet
Street
Frontage
Total 69-acres 6 I-acres (minimum)
Acreage of 24. I-acres for 10% minimum plus 37-
Common acres for lots smaller than the minimum -
Lots per ECC Section 8-2-4 (G)
Percent of 28% 25% (minimum - see above)
Site as
Common
Area
0 Setbacks approved for the Estate and Luxury lots:
Front
Rear
Interior Side
Additional Setback for
Multi-story structures
Street Side
30 feet
30 feet
7.5 feet
5 feet per story
20 feet
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0 Setbacks approved for the Custom lots:
Front
Rear
Interior Side
Additional Setback for
Multi-story structures
Street Side
0 Setbacks approved for the Carriage lots:
Front
Rear
Interior Side
Additional Setback for
Multi-Story structures
Street Side
20 feet
25 feet
7.5 feet
2.5 feet per story
20 feet
15 feet
10 feet
0 feet
5 feet
15 feet
I.
GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
As stated within the applicant's written statement (attached to the application form date
stamped by the City of Eagle on July 12, 2002) the applicant writes:
"The original ranch (Quarter Circle DJ Ranch) is currently being transformed to
the original planned residential community with large areas of landscaped open
space, including a community center with swimming pool, tot lot, tennis and
sports courts, lakes, ponds, sandstone fountains and pathways. The additional
property being added to the master plan will enhance the open space for the
project." In addition, the inclusion of this open space will decrease the density
from the originall.56-units per acre to 1.52-units per acre
Eagle City Code Section 8-2A-7 (J)(4)(c) requires a minimum 75-foot wide landscape
buffer area between principal arterials and new residential developments.
Berming, fencing and landscaping details are required for Design Review Board review
and approval prior to City approval of a final plat
Storm Drainage and Flood Control:
Street drainage plans are required to 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 CC&R's are to contain clauses to be reviewed and approved by the
City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either
over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide.
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Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) - no
Preservation of Existing Natural Features:
As stated within the applicant's written statement (attached to the application form date
stamped by the City of Eagle on July 12,2002) the applicant writes:
"The Two Rivers Community is designed to respect the natural environment of Eagle
Island and surrounding river. Many of the open spaces will further enhance this natural
environment. The water features will provide new waterfowl habitat, and fish habitat for
many of the native animals. All landscaping is to be in harmony with the surrounding
areas. Additionally, the pastures and dilapidated outbuildings along the south channel of
the Boise River will be either reclaimed or removed."
Preservation of Existing Historical Assets:
Per the environmental assessment plan submitted by the applicant, no existing historical
assets are located upon 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.
STREETS:
Private or Public Streets:
Both public and private streets are proposed and have been constructed within this
development.
The applicant will be applying to the Ada County Highway District to vacate a portion of
the current South Channel Road right-of-way, as proposed in the original POD. The
traffic will travel to South Channel Way, thus access will not be blocked because of the
vacated street, and rather it will merely be re-directed through the site.
Cul-de-Sac Design, Sidewalks and Curbs and Gutters:
Public sidewalks, curbs and gutters will be designed and constructed in the same manner
as is existing in the subdivision: concrete sidewalk separated from the back of curb by a
landscape strip with street trees. An approximately 30-foot wide, 450-foot long private
road is proposed to access the carriage home sites, which will terminate in a cul-de-sac
with a radius of 50-feet and a landscaped island located in the center.
A cul-de-sac previously approved with the Quarter Circle Ranch PUD is proposed to be
modified to include a "knuckle" turnaround located approximately midway within the
680-foot long roadway. A bulb out turnaround will be extended as a 330-foot long cul-de-
sac, terminating in a turnaround within a 50-foot radius. These changes help facilitate the
dispersal of the originally approved lot configuration as well as provide lots that are more
consistent in shape (rectangular).
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
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L.
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 Name Committee has not been received to
date. Approval from that committee is required prior to final plat approval.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
See "Open Space, Greenbelt Areas and Landscape Screening" under "I" above.
PUBLIC USES PROPOSED:
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of
2 designates a pathway to be constructed along the north side of the South Channel of the
Boise River, abutting the southern portion of this site. A pathway is also designated to
travel northwesterly along the Chevron Pipeline easement through the subdivision to
connect proposed pathways abutting both the North Channel and South Channel of the
Boise River.
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - Portions of this area are designated a Hazard Area and
Special Area in the Comprehensive Plan
Evidence of Erosion - no
Fish Habitat - fish present in the Boise River and ponds in the area
Floodplain - yes
Mature Trees - yes
Riparian Vegetation - yes
Steep Slopes - no
Stream/Creek: yes - located between the North and South Channels of the Boise River
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - none known to exist
Wildlife Habitat - various birds and waterfowl and other animals are known to exist in the area
o.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An EAP report has been submitted with this application and is attached for review.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached:
City Engineer: All comments within the engineer's letter dated August 23, 2002, are of special
concern (see attached).
Ada County Highway District
Department of Environmental Quality
Eagle Fire Department
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Eagle Sewer District
Idaho Transportation Department
Joint School District No.2
United Water
Q.
LETTERS FROM THE PUBLIC: None received to date
R.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
As of this date, the fourth phase of the development has been approved by the City
Council, with the remainder of the planned 8 to 12 (total) phases to be completed within 5
to 10 years.
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.
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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 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.
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%
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llEAGLENT1ICOMMONIPlunning D<ptlEugl< ApplieutionsISUBSI2002\Quutkr Cirel< Runeh PUD (Two Riv<rs) MOD ect2.doe
That the quality of the designs for street sections, architectural styles, harmonious use of
materials, parking areas broken by landscaping features, and varied use of housing types,
incorporated into the development, exceed that of a non PUD development.
T.
GENERAL STANDARDS FOR APPRO V AL OF PRIVATE STREETS:
Section 9-3-2-5 (A) General Standards: Private streets may be permitted if the Council
determines that the private street is in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings such
that private streets will serve to enhance the overall development;
2. The private street provides safe and effective movement of both vehicular and
pedestrian traffic;
3. The private street provides adequate access for service and emergency vehicles;
4. The private street does not adversely affect access or good transportation planning to
adjacent property and to the area travel networks;
5. The private street does not landlock adjacent property due to topography or parcel
layout;
6. Other than to provide emergency access, the private street does not connect one public
street to another, encouraging travel through the development served by the private
street;
7. The use or alignment of the private street does not interfere with the continuity of
public streets; and
8. An appropriate mechanism has been established for the repair and maintenance of the
private street, including provisions for the funding thereof.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 6 - Land Use
6.3 - Land Use Designations
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal
Emergency Management Administration maps along the Boise River and Dry Creek
(Generally shown on the Land Use Map which is a part of this Plan). These areas are to
remain open space because of the nature of the flood way which can pose significant
hazards during a flood event. Also, the flood way areas shall not be considered as a part of
the minimum area of open space required with the zoning ordinance unless developed as
noted within this paragraph, and shall be excluded from the gross land area for calculating
residential densities permitted. Any portion of the flood way developed as a substantially
improved wildlife habitat area open to the public, or useable public open space, such as a
pathways, ball fields, parks, or similar amenities as may be approved by the City Council,
may be credited toward the minimum open space required for a development.
Chapter 8 - Transportation
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llEAGLENT I ICOMMON\Plalllung DeptlEagle Appli,ationsISUBSI2002IQuaner Cirde Ran,h PUD (Two Rivers) MOD ,012."0"
8.3.1-Paths
Function: To provide for recreation and alternative transportation; important to provide safe
continuous thoroughfares with minimal cross flow of vehicular traffic.
Location: Paths could be located on corridors separate from roadways such as utility easements,
irrigation canals, or adjacent to rivers or creeks. Paths could also be located along roadway
right-of-ways and would usually be separated from vehicle travel lanes and the paved section of
the roadway by a median or sidewalk.
8.6 - Implementation Strategies
c.
Encourage roadway design standards that are consistent with the Idaho Transportation
Department (ITD), Ada County Highway District (ACHD), Ada Planning Association
(AP A), and other agencies that may be responsible for roadway planning and design.
e.
Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle TransportationlPathway Network
Maps # 1 and #2, adopted local and regional pathway plans, as may be needed for intra-
neighborhood connectivity and to ensure that bike and pedestrian traffic is not
unnecessarily pushed out onto arterials and collectors.
Chapter 9 - Parks, Recreation and Open Spaces
9.5
Pathways and Greenbelts
Pathways are non motorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
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.
9.5.2
Objectives
e.
All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
g.
Improve/provide access to greenbelt/pathway east of Eagle Road on the
south side of the North Channel of the Boise River.
9.6
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.
9.6.1
Goal
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9.6.2
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
qualities which render them distinctly unique.
The Boise River Floodplain, the Dry Creek Floodplain and the North Foothills
possess a recognized function as a wildlife habitat, flood way and scenic natural
resource reflective of Eagle's rural character.
Chapter 12 - Community Design
12.4
Implementation Strategies
c.
The flood way shall be reserved as a natural state such as a greenbelt, wildlife
habitat, and open space recreational area and for agricultural uses.
1.
Encourage the development of pathways and open-space corridors throughout
the City.
\\EAGLENTIICOMMONIPlalllung DeptlEagle Arpli,aÜ"nsISUBSI2002IQuart<r Cirde Randl PUD (Two RIvers) MOD ,,¡2.d,,"
Page 11 of 28
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 8-2-4 (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 8-2A-7 (J)(4)(c):
Any road designated as a principal arterial on the APA functional street classification map
and/or any freeway or expressway:
A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: six
(6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, panelized vinyl
fence, decorative block wall or cultured stone, decorative rock, or similarly designed
concrete wall, or combination thereof shall be provided within the buffer area. The
maximum slope for any berm shall be three feet (3') horizontal distance to one-foot (1 ')
vertical distance. If a panelized vinyl fence, decorative block wall, or cultured stone,
decorative rock, or similarly designed concrete wall is to be provided, in combination with
the berm, a four foot (4') wide flat area at the top of the berm shall be provided for the
placement of the fence or decorative block wall. Panelized vinyl fencing shall be no higher
than four feet (4'). Chain link, cedar, and similar high maintenance and/or unsightly
fencing shall not be permitted.
The ten foot (10') minimum height requirement for the berming/fencing shall be permitted
to be decreased one foot (1') for every thirteen feet (13 ') of additional buffer area added to
the seventy five foot (75') wide buffer noted above. (Ord. 328,8-11-1998)
.
ECC Section 8-7-3-3 CONDITIONAL USES "PUBLIC SITES AND OPEN SPACES"
Public sites and open spaces shall conform to the following:
B. Natural Features: Existing natural features which add value to residential development
and enhance the attractiveness of the community (such as trees, water courses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the development.
e. 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.
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c.
D.
.
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:
I. 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.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 9-3-2-5 PRIV ATE STREETS, states in part:
Private streets may be permitted at the discretion of the Council.
.
ECC Section 9-3-6 (A) EASEMENTS, states in part:
Total easement width shall not be less than twelve feet (12').
.
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 (D) (1) Pathway Design, states in part:
Regional pathways such as the Boise River greenbelt and pathways located adjacent to
major roadways shall be a minimum ten feet (10') wide and shall be located within a
twenty foot (20') wide pedestrian access easement.
TITLE 10 FLOOD CONTROL PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
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\IEAGLENTIICOMMON\Plwlllillg o.ptlEagl< ApplicatiollsISUBS\2002\Quart<r Cirel< Ranch POD (Two Riv<rs) MOD cell.doc
E.
.
ECC Section 10-1-8-5 (D) (4) states in part that all buildings shall be set back a minimum of
fifty-feet (50') from the flood way line.
.
ECC Section 10-1-8-5 (D) Open Areas:
Except for required berms, open areas such as parks, golf courses, greenbelt areas, parking
lots, etc., within the area of special flood hazard shall be designed and operated so that
they may flood and maintain existing natural storage capacity for waters during the base
flood event. Levees or berms shall not be used for flood control.
DISCUSSION:
.
The Comprehensive Plan Land Use Map designates this site as Residential Two (up to two-
units per acre maximum). The applicant is proposing 1.52-units per acre (previously 1.56-
acres in Quarter Circle PUD).
.
The applicant proposes to modify the previously approved Quarter Circle Ranch PUD to add
an additional 6.97-acres to the south of the Quarter Circle Ranch (Two Rivers) PUD. This
land acquisition does not propose to increase the number of units previously approved (371)
but rather to allow the redistribution of single-family dwellings within the PUD, consisting of
4-single-family dwellings and 14-town homes. With this addition of land, the density will
actually decrease from the approved 1.56-units to 1.52-units, with the majority of the new
acreage included within the development's open space.
.
The carriage homes proposed by the applicant were previously approved in concept within the
Quarter Circle Ranch PUD, with specific lot size and setback requirements identified although
without a well defined configuration (a typical preliminary plat would include scalable
measurements, dimensioned roadways, easements, etc.). With this modification, the applicant
is requesting to utilize this concept in the newly acquired acreage, which will more clearly
define the lots for platting purposes and thus set a framework for the future development of
carriage homes within the PUD.
The Quarter Circle Ranch PUD approved by the City Council permitted the lot sizes of the
carriage home lots to be decreased in size from the minimum 17,000-square feet (R-2 zoning
district) to 5, OOO-square feet. The carriage home lots shown on the proposed modified plat
appear to measure less the approved minimum. The applicant should provide a revised plat
that delineates Lots 28-41, Block 21, to measure a minimum of 5,000-square feet, prior to the
approval of a final plat.
.
With this proposed modification, the applicant plans to construct a private roadway to serve
the carriage homes, which will terminate in a cul-de-sac with a landscaped island within. As
shown with the Council's Findings of Fact and Conclusions of Law document dated April 27,
1999, the Quarter Circle Ranch PUD was approved for the use of private roads since private
roads "will limit the number of units in the 1O0-year floodplain; and because the private roads
will be gated thereby further reducing traffic and potential nuisance to the rural lots to the west
(public roads could not be gated); and because the applicant is planning to provide a unique
housing opportunity within the carriage lots located at the southeast corner of the development
by offering an intimate setting accomplished in part by providing narrow (less than public
standards), non-continuous streets." Because the private road proposed within this
modification application meets the intent of the private road findings approved for the Quarter
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\IEAGLENTI ICOMMONIPlamúng DeptlEaglo ApplicationsISUBS\2002\Quartor Circle Ranch PUD (Two Rivers) MOD ccf2.Joc
Circle Ranch PUD, Council approval of the private road may be considered.
.
The applicant has requested to modify the Quarter Circle Ranch PUD approved lot width for
carriage homes from 75-feet to 50-feet. This type of cluster development ("skinny" lots with
minimal side yard setbacks) has been shown to be popular in such places as the Mill District in
Harris Ranch. The reduction in lot-width may be considered beneficial in order to provide the
carriage home lots a certain character that is different from a typical single-family dwelling lot.
Staff will defer to the Council regarding approval of the reduction in lot width from 75-feet to
50-feet for the carriage home lots.
.
The applicant has requested to modify site specific condition of approval no. 4 of the Quarter
Circle Ranch PUD Council findings (which requires all buildings to be set back a minimum of
one hundred-feet (100') from the flood way line) to allow building setbacks to be a minimum of
fifty-feet (50') from the flood way line. Eagle City Code 10-1-8-5 (D) (4) has subsequently
been adopted to allow buildings to be placed a minimum of fifty-feet (50') from the floodway
line. Since this fifty-foot (50') setback is now permitted, the Council may consider the
approval of the modification to allow the flood way line setback to be decreased from one
hundred-feet (100') to fifty-feet (50') to be appropriate.
.
The applicant has requested to vacate South Channel Road, which currently travels easterly
from Eagle Road along the southern boundary of the Quarter Circle Ranch PUD. This road
would be replaced with South Channel Way, which would travel southwesterly from a
connection to Island Woods Drive that intersects with Eagle Road. The 2000 Eagle City
Comprehensive Plan's Transportation/Pathway Network Map #1 of 2 shows a residential
collector traveling in the approximate location that South Channel Way has been constructed
(and eventually extended) to provide access to properties to the west of this development.
Because the roadway is not within a subdivision, the City does not act on right-of-way
vacations with a formal vacation application. However, the Ada County Highway District
requires an approval letter from the City prior to the District acting on a vacation. Because a
roadway (South Channel Way) will be provided in place of the vacated South Channel Road,
and because the South Channel Way and its future extension complies with the 2000 Eagle
City Comprehensive Plan, the Council may consider the approval of the vacation of the South
Channel Road right-of-way to be appropriate.
.
The 2000 Eagle City Comprehensive Plan's Transportation/Pathway Network Map #1 of 2
shows a pathway traveling within the Chevron Pipeline easement that intersects this
development as well as along the north side of the South Channel of the Boise River. The
Quarter Circle Ranch PUD has previously delineated this easement and pathway within the
preliminary development plans and has agreed to construct the pathway. However, the
pathway has to date not been constructed since only a small portion of the subdivision has
been developed adjacent to the pipeline easement. With the addition of the 6.97-acres to the
south of this development, the pathway will now be able to connect from the pipeline
easement to the Boise River and on to walkways along Eagle Road. The applicant should
construct a minimum lO-foot wide asphalt pathway within a 20-foot wide easement as
depicted on the City of Eagle's 2000 Comprehensive Plan Transportation / Pathway Network
Map #1 of 2 extending from the southern edge of the Chevron Pipeline easement to the north
side of the South Channel of the Boise river and connect to a sidewalk abutting Eagle Road.
ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval of the rezone as proposed. Staff recommends approval of the
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\IEAGLENTl ICOMMONIPlalllllng DeptlEagle ApplicationsISUBSI2002\Quarter Circle Rand! PUD (Two Rivers) MOD ccf2.ùoc
modification to the conditional use permit, preliminary development plan, and preliminary plat for
Quarter Circle Ranch PUD (Two Rivers) with site specific conditions of approval and the standard
conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
September 16, 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 two
(2) individuals who felt the overall concept, as well as the existing development (Two Rivers), was
well planned: that clarification was needed for the routing and tiling of the Mace-Catlin ditch, and the
proposed vehicle trip capacity for South Channel Way.
COMMISSION DECISION:
The Commission voted 4 to 0 (Crook absent) to recommend approval of RZ-1O-98/CU-9-
98/PPUD-2-98/PP-8-98 MOD for a rezone and a modification to the conditional use, preliminary
development plan, and preliminary plat for Quarter Circle Ranch (Two Rivers) planned unit
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 October 15, 2002.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 22, 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.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative ).
D. Oral testimony neither in favor nor in opposition to this proposal was presented to the City Council by
one individual with questions and concerns regarding pathways, houses adjacent to the berm along
Eagle Road, and ingress/egress to/from Eagle Road.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-1O-98/CU-9-98/PPUD-2-98/PP-8-98 MOD for a rezone
and a modification to the conditional use, preliminary development plan, and preliminary plat for
Quarter Circle Ranch (Two Rivers) planned unit development.
SECOND PUBLIC HEARING OF THE COUNCIL:
A. At the applicant's request, a second public hearing was held before the City Council on November 26,
2002, to allow new information and testimony to be submitted regarding the provision of private/gated
streets. Testimony was taken and the public hearing was closed. The Council made their decision at
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lIEAGLENTIICOMMON\Plwming DepllEagle ApplicationslSUBS\2002lQuartef Circle Rwlch POD (Two Rivers) MOD ccf2.ooc
that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
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 2 to 2 (Bastian, Guerber against, Mayor in affirmative) to approve RZ-lO-
98/CU-9-98/PPUD-2-98/PP-8-98 MOD for a rezone and a modification to the conditional use,
preliminary development plan, and preliminary plat for Quarter Circle Ranch (Two Rivers)
planned unit development with following site specific conditions of approval and standard
conditions of approval with underline text to be added by the Council and strike-thru text to be
deleted by the Council.
The approved modified preliminary development plan and preliminary plat, date stamped by the
City on July 25, 2002, are incorporated herein by reference. For clarification, the original Quarter
Circle Ranch preliminary plat, date stamped by the City on December 24, 1998, remains the
approved preliminary plat for those areas of the PUD outside of the limits of the modified
preliminary plat, date stamped by the City on July 25,2002.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Comply with all site specific recommendations provided within the City's Engineering firm's
(Holladay Engineering) letter dated August 23, 2002.
2.
Comply with all conditions of Quarter Circle Ranch Planned Unit Development (RZ-IO-98/CU-9-
98/PPUD- 2 -98/PP -8 -98).
3.
All new construction and substantial improvement of any residential structure shall have the finish floor
elevation of the lowest floor elevated to a minimum of two feet (2') above the base flood elevation.
4.
All buildings shall be set back a minimum of 50-feet from the floodway line except that when the area
of special flood hazard boundary is 50-feet or less from the floodway line, the boundary line shall be
the setback line.
5.
Provide a revised plat that shows all carriage home lots (Lots 28-41, Block 21) to be a minimum of
5,000-square feet in size, prior to the approval of a final plat.
6.
A Flood Plain Development Permit application shall be submitted to and approved by the City prior to
commencing any work within the 100-year flood plain.
7.
All public and private street sidewalks shall be separated from the back of curb by a minimum of 5-
feet to allow landscape strips and trees to be planted between the sidewalks and the street. Sidewalks
shall be required on one side of the street within the Carriage Home site areas. All other streets within
the development shall have sidewalks constructed on both sides.
8.
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 (including private) 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
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llEAGLENT1ICOMMONIPlwmillg DeptlEagle Applicatiolls\SUBSI2002\Quarter Circle Ranch PUD (Two Rivers) MOD cd2.ùoc
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.
9.
All-- The private streets within the Carriage Home site areas located adjacent to Eagle Road on the
north and south sides of West Two Rivers Drive are required to be paved a minimum of ~ 28-feet
wide~ The private streets named South Rivermont Street and South Rivermoor Place as shown on the
modified preliminary plat. date stamped by the City on July 25. 2002. are required to be paved a
minimum of 36-feet wide. aftà All private streets shall be constructed in accordance with the Ada
County Highway District Standards regarding base course and asphalt thickness required for local
roadways. I:Itiliziflg tHe appropriate traffic: index or as may be recommeaded by the City EBgineer aBd
approved by the City Col:lBeil. No parking signs shall be installed along one side of the roadwayc.§}
within the Carriage Home site areas prior to the issuance of any building permits within these areas.
The applicant shall show on the final development plan (for the Carriage Home site areas) parking lots
located off of the private streets and screened with landscaping. Provide a statement in the CC&R's
that prohibits parking on the internal private streets.
10. Private Streets are permitted for the Carriage Home site areas and the two cul-de-sacs named South
Rivermoor Place and South Rivermont Place only (as shown on the plan titled "Preliminary
Development Plan - Modified" date stamped by the City on July 25. 2002). The Carriage Home site
areas. South Rivermoor Place, and South Rivermont Place are permitted to be gated. No other
roadway gates are permitted within the Ouarter Circle Ranch modified preliminary plat.
11. Provide a note on the plat that states that each lot owner within the subdivision has the perpetual right
of ingress and egress over the described private streets and that the perpetual easement shall run with
the land.
12. Provide a copy of the Subdivision's CC&R's providing a plan and schedule for the future repair and
maintenance of the private streets and drainage facilities. The CC&R's shall be reviewed and
approved by the City Engineer prior to the City Clerk signing the final plat.
13. Provide a note on the plat that states that the restrictive covenant for maintenance of the private streets
cannot be modified and the homeowners' association cannot be dissolved without the express consent
of the City.
14. The applicant shall submit the private street aft application fee of $571.00 based I:Ipon $400.00 (base
fee) pll:ls 0.38 c:ents per liBeal f{)ot (150 lineal feet of private streets proposed withiB t!:te sl:Ibdivisioa)
prior to the submittal of the final development plan and final plat.
15. The private road cul-de-sac proposed within the Carriage Home portion of the development shall be
reconfigured to eliminate the overlapping of the private road on top of the public right-of-way.
16. Other than the sidewalks along the streets, meandering pathway/trails within the subdivision shall be
shall be 6 foot wide mifliml:lm asp!:talt or COBcrete constructed so that their locations are well-defined.
Pathways located within the flood way and/or 100-year floodplain shall comply in all respects with
Title 10 "Flood Control" of the Eagle City Code. Pathway location and construction materials shall be
reviewed and approved by the Design Review Board prior to City approval of the final development
plan/ final plat.
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17. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This street is to be extended in the future".
18. Final development plans shall be reviewed as "New Business" items and not as "Public Hearing"
items unless the City determines that any difference between the preliminary development plan and
final development plan needs additional public comment because of possible impacts to surrounding
property owners, to this development, or to the community, or inconsistency with the conditions
herein. If the City determines that a public hearing shall be held on the final development plan, notice
shall be provided for (as was required for the preliminary development plan).
19. The 6.97-acre addition to the Quarter Circle Ranch PUD shall be annexed into the Eagle Sewer
District within one year of the approval of the preliminary plat. Extensions of time for this approval
will not be accepted. Final plat approval will not be considered until annexation into the District has
occurred.
20. The street and pathway configuration shall remain substantially as shown on Preliminary
Development Plan submitted to the City with this application.
21. The applicant shall construct a minimum 10-foot wide asphalt pathway within a 20-foot wide
easement extending from the southern edge of the Chevron Pipeline easement to the north side of
South Channel Way (as shown on the pathway plan date stamped by the City on October 22. 2002 -
Exhibit "B". The pathway shall extend to the north side of the South Channel of the Boise River as a
well-defined. gravel path. The final pathway plan shall be reviewed and approved by the Parks and
Pathways Committee and City Council. sHall determiBe tHe fiBal rmIte of tHe patHv.'ay. Place a note
on the plat which states that the 20-foot wide easement for the lO-foot wide pathway is to be owned
and maintained by the Homeowner's Association.
22. The open space area shall not be permitted to be decreased from the 69-acres proposed.
23. Useable park amenities such as, picnic tables, gazebos, swing sets, basketball courts, ball fields and/or
similar amenities shall be provided within the open space areas. Landscape plans showing open space
amenities shall be reviewed and approved by the Design Review Board.
24. Minimum building setbacks, lot sizes and lot widths shall be as stated within the "Site Data" section
"H" within the City Council's Findings of Fact and Conclusions of Law dated December 17. 2002.
:\pril 19, 2002, witH tHe f-ollO\viBg revisioB (if 8f1f1Feved by the City CeuReil): THe miBiml:lm løt
width for tHe carriage Home lots is permitted to be de0Feaseå to 50 feet.
25. Additional specific criteria required for the higher density clustered residential dwellings (Carriage
Homes) located on the south side of West Two Rivers Drive as shown on the submitted modified
preliminary plat, date stamped by the City on July 25. 2002:
a. 14 dwelling units shall be permitted (Carriage Homes).
b. Upon review of final development plans the City may encourage that dwelling units be designed
with front porches with decreased front setbacks to provide a neo-traditionallook.
c. If decreased setbacks are approved garage doors will still be required to be a minimum of 18-feet
from the garage side of any sidewalk to allow sufficient room for a car to park in front of the
garage without blocking the sidewalk.
d. Upon review of final development plans the City may encourage that dwelling units be designed
with side entry garages.
e. Upon review of final development plans the City shall consider approval of zero lot line
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\\EAGLENTI ICOMMON\Planning DeptlEagle Applications\SUBS\2002\Qoaner Circle Ranch PUD (Two Rivers) MOD cd2.doc
development, town houses, condominiums and duplexes.
f. Attached dwelling units (i.e.: duplex/townhouse units) shall be designed so that garage doors do
not dominate the fronts of the dwellings.
g. Common walls between attached units shall be insulated to mitigate transfer of noise between the
units. The insulation method shall be reviewed and approved by the City Building Official prior to
approval of the final development plan.
h. The units are to be "European Style".
26. Subdivision signage, common area, recreation center, street trees, existing trees, pathways, buffer
areas, perimeter fencing, and etc. shall be reviewed and approved by the Design Review Board prior
to approval of final development plan.
27. The entire Quarter Circle Ranch development shall remain under the control of one Homeowners
Association.
28. The applicant shall provide a landscape plan with a cross section showing minimum berming height,
fencing, and planting details within the required 75-foot wide buffer area along Eagle Road abutting
this site for review and approval by the Design Review Board prior to City approval of a final plat.
29. Provide a minimum 5-foot wide concrete meandering sidewalk along Eagle Road abutting the site.
30. If the vacation of the right-of-way of South Channel Road is approved by the Ada County Highway
District, the applicant shall dedicate right-of-way and construct South Channel Way to provide access
to those properties currently accessing South Channel Road, prior to the City Clerk signing the final
plat.
31. Provide a note on the face of the plat and within the CC&R's stating that commercial and agricultural
traffic will be using the public streets within the Quarter Circle Ranch development for access to and
from Eagle Road to parcels not within the development.
32. 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.
SPECIAL RECOMMENDATION TO THE ADA COUNTY HIGHWAY DISTRICT:
The City recommends that the Ada County Highway District approve the vacation of the public
right-of-way of South Channel Road, provided that a public right-of-way is dedicated to provide
access to those properties currently accessing South Channel Road, prior to the Ada County
Highway District signing the final plat.
ST ANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2.
Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3.
Complete water and sewer system construction plans shall be reviewed and approved by the City
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\IEAGLENTl\COMMON\PlalllÚllg DeptlEagle Applicatious\SUBSI2002\Quarter Circle Ranch PUD (Two Rivers) MOD ccf2.doc
4.
5.
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).
Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.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
plat. The CC&R' s shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
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12.
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 fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
15.
Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed by the Eagle City Attorney prior to the
City Engineer signing the final plat.
16.
Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
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\IEAGLENTIICOMMONlPlaonillg DeptlEagle ApplieatiollsISUBSI2002\Quarter Cin:le Raneh PUD (Two Rivers) MOD eel2.Joe
17.
20.
21.
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.
The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
24.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25.
Basements in homes in the flood plain are prohibited.
26.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
27.
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.
28.
No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
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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:
I. The application for this item was received by the City of Eagle on July 12,2002.
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 August 19, 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 14, 2002. Requests for agencies' reviews
were transmitted on July 22, 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 October 7,
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 October 3, 2002.
Notice of the second Public Hearing for the Eagle City Council regarding the private streets was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on November 5, 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 October 31,2002.
3. In accordance with Eagle City Code findings for a rezone and conditional use permit, preliminary
development plan and preliminary plat modifications, the Eagle City Council makes the following
conclusions for RZ-1O-98/CU-9-98/PPUD-2-98/PP-8-98 MOD for the modification to the Quarter
Circle Ranch (Two Rivers) planned unit development as proposed with the conditions herein:
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llEAGLENT llCOMMONIPlanning DeptlEagle ApplicationslSUBSI2002lQuaner Circle Ranch PUD (Two Rivers) MOD cct2.uoc
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;
Additional open space is proposed with this application as well as land that will provide for the
extension and connectivity of the City's network of pathways. Second, this modification will
establish criteria for smaller lots (carriage home sites) that will provide a housing opportunity for
those who may be seeking the amenities a residential subdivision has to offer without the large
residential lot that requires a substantial amount of maintenance.
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;
This proposed modification to the original Quarter Circle PUD is intended to continue the same
qualities and benefits that is apparent with the phases of development (Two Rivers Subdivision
Nos. 1 through 4) that have been constructed thus far. Open spaces which include ponds and
landscaping, pathways to various points within the development, and a clubhouse have been
constructed in a manner which seeks to incorporate the character of Eagle Island rather than
provide a stark contrast to the existing natural features.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The development has provided a landscaped buffer area between the residential lots and Eagle
Road abutting the eastern boundary of this site, which not only provides a sound barrier to the
residences but also a pleasing visual corridor into the city.
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;
No major impacts are expected, as this development should only develop normal traffic that would
be related to a single-family dwelling subdivision. This development will also contribute funds to
facilitate the installation of a traffic signal at the intersection of Eagle Road and Island Woods
Drive, thereby improving traffic service at this intersection.
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 the site as well as for further extension within the
development. Continuation of sewer, water, 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
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\IEAGLENTI ICOMMON\Plalllllng DeptlEagle ApplicationsISUBSI2002\Quaner Circle Ranch PUD (Two Rivers) MOD cd2.doç
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 Eagle Island area but to also allow residents to enjoy said environment
by allowing access into the areas near the river. Pathways traverse through landscaped open areas
containing ponds which are be utilized as visual amenities, and a pathway within the Chevron
Pipeline easement will provide connectivity to other points within the city.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
The main entrance at Eagle Road and Island Woods Drive will be signalized in the fall of 2002.
The development has been designed to restrict use of Mace Road and may be vacated at a future
date when this development has constructed all of the planned roads to serve the properties to the
west. On the western edge of the development, the current South Channel Road right-of-way is
planned for vacation, with south Channel Way to be constructed to serve the existing homes in the
area.
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 boundaries of the North and South Channels of the
Boise River. Because of this, the site will only develop open pastureland while preserving and
incorporating the natural features that the Boise River provides.
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;
The proposed development is an ideal fit with the Comprehensive Plan. Current zoning
classification encourages this type of development. The Comprehensive Plan under land use
states, "Development within this land classification should be required to proceed through the
PUD and/or Development Agreement process. Residential densities of up to two dwelling units
per gross acre may be considered by the City for this area. "
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 modification to the previously approved preliminary
development plan and conditional use permit pursuant to Eagle City Code and has thus far
satisfied the requirements of the original approval of the Quarter Circle Ranch and will be required
to meet the conditions herein.
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 because;
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\IEAGLENTIICOMMON\Plalllùng DeptlEag1e ApplicationsISUBSI2002\Quarter Circle Ranch PUD (Two Rivers) MOD ccf2.Joc
The Quarter Circle Ranch PUD proposal envisions a variety of lot sizes within the R-2 Zone
District.
The variety of housing types in the subdivision is a significant element to creating and supporting
an innovative open space and community facilities plan.
4. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the Council
has determined that:
I. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that the private street
will serve to enhance the overall development. The following reasons support the above noted
finding:
Because this development is located on Eagle Island and bound by the Boise River to the north
and south, the design will limit the number of units and configuration of lots allowed in the 100-
year floodplain; and because the applicant is planning to provide a unique housing opportunity
with varied lot sizes throughout the development which offers an intimate setting accomplished in
part by providing 36-foot wide and 28-foot wide (generally less wide than public standards), non-
continuous streets;
2. The private streets within the subdivision provide safe and effective movement of both vehicular
and pedestrian traffic because of the following:
The roadways will be designed to be non-continuous and will terminate in cul-de-sacs, thereby
limiting the number of vehicles using the roadways. The roadways will have detached concrete
sidewalks (constructed on both sides of the street - except in the Carriage Home site area located
on the south side of West Two Rivers Drive where a separated sidewalk will be located on only
one side of the street) to provide for safe and effective pedestrian travel;
3. The private streets provide adequate access for service and emergency vehicles:
The Eagle Fire District will be required to approve the design of the roadways, and since the cul-
de-sacs have been designed with large enough turnarounds to accommodate the turning radius of
emergency vehicles;
4. The private streets within the subdivision do not adversely affect access to adjacent properties:
The private streets will not adversely affect access to adjacent properties since the adjacent
properties, and surrounding area, will be adequately served by public roads as shown on the
proposed plan as well as the public roads previously constructed;
5. Other than to provide emergency access, the private streets do not connect one public street to
another, encouraging travel through the development served by the private street because the
streets will be non-continuous;
6. The use or alignment of the private streets within the subdivision do not interfere with the
continuity of public streets as noted above; and
7. An appropriate mechanism has been established for the repair and maintenance of the private
streets, including provisions for the funding thereof, within the required CC&R' s for the
subdivision and with any necessary notes provided on the final plat, all to be reviewed by the City
Engineer and City Attorney prior to City approval of the final plat for this modification.
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5.
Exhibits, incorporated herein by reference:
A. Exhibit "A" is the example submitted as testimony by the applicant showing the "European
style" home proposed (and conditioned herein) to be constructed within the Carriage Home
site areas. Exhibit "B" is the pathway plan. Both exhibits are attached hereto and are
incorporated herein by reference.
DATED this 17th day of December 2002.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
A TEST:
Jl "...... --- Ii- ~
Sharon\.K. Moore, Eagle City erk
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