Findings - PZ - 2002 - CU-10-02/PPUD-3-02/PP-6-02 - Cu/Pp For Alderwood Village Subd/7.6 Acres/37 Lot/825 W. State St.
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT
FOR ALDERWOOD VILLAGE PLANNED UNIT
DEVELOPMENT FOR JLJ ENTERPRISES, INC.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU -1 0-O2/PPUD-3-02/PP-6-02
The above-entitled conditional use permit, preliminary development plan, and preliminary plat applications
came before the Eagle Planning and Zoning Commission for their recommendation on November 4, 2002.
The Eagle Planning and Zoning Commission having heard and taken oral and written testimony, and
having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
JLJ Enterprises, Inc., represented by Jane B. Suggs, is requesting conditional use,
preliminary development plan, and preliminary plat approvals for Alderwood Village
Subdivision, a residential planned unit development. The 7.6-acre, 37 -lot (31-residential,
6-common) subdivision is located on the south side of West State Street approximately 1/2
mile west of Eagle Road, at 825 West State Street.
B.
APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on September 12,2002.
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 October 8, 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 2,2002. Requests for agencies' reviews were transmitted on September
17, 2002, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 11, 2002, the Eagle City Council denied a comprehensive plan amendment
and rezone (CPA-I-Ol & RZ-ll-Ol) with a development agreement (including a concept
plan) for this site.
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
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COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Residential Four (up to four R-4 (Residential) Residence/Pasture
units per acre maximum
Proposed No Change R-4-P Single-family residential
subdivision
North of site Residential Four (up to four R-4 (Residential) Residential Subdivision
units per acre maximum
South of site Public/Semi-Public R-4 (Residential) Residences/ Vacant / State
Highway 44
East of site Residential Four (up to four R-4 (Residential) Residential Subdivision &
units per acre maximum Pasture
West of site Residential Four (up to four R-4 (Residential) Residence/Pasture
units per acre maximum
G.
SITE DATA:
Total Acreage of Site - 7.6
Total Number of Lots - 37
Residential - 31
Commercial - 6
Industrial - 0
Common - 6
Total Number of Units - 31
Single-family - 31
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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Additional Proposed Required for Non-PUD Residential Development
Site Data
Dwelling Units 4.08-units per acre 4-units per acre maximum
Per Gross Acre According to ECC Section 8-6-5-4 (A), the City Council may authorize an
increased residential density of up to fifteen percent (15 %) of the allowable
number of dwelling units.
Minimum Lot 4,967 sq. ft. 8,000 sq. ft. minimum
Size
Minimum Lot 40.62-feet 70-feet
Width
Minimum 40.62-feet 35-feet
Street Frontage
Total Acreage 2.75-acres 2.72-acres minimum (118,722 S.F.)
of Common (119,663 S.F.)* .76-acres for 10% minimum plus 1.96-acres for lots smaller than
Lots the minimum (8,000 SF)- per ECC Section 8-2-4 (G)
Except that, according to ECC Section 9-3-8 (C) the City may require
additional public and/or private park or open space facilities in PUDs or in
subdivisions with 50 or more lots.
Percent of Site 36.1%* 35.7% (minimum - see above)
as Common Except that, according to ECC Section 9-3-8 (C) the City may require
Area additional public and/or private park or open space facilities in PUDs or in
subdivisions with 50 or more lots.
* Includes landscape strips abutting the internal roadways.
0
Special Setbacks proposed for all lots within the development:
Front
Rear
Interior Side
Street Side
15 feet
20 feet
5 feet (additional setback for second story not proposed)
15 feet
H.
GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Will provide a total of 36.1 % of common area (35.7% required - see site data above)
which includes the 5-foot wide landscape strips abutting the internal roadways and a 2-
acre (approximately) park. The park is to include a wide open space with a tot lot, picnic
tables, and garden plots for the residents.
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 has a variety of existing trees, with a number of the trees to be retained on site
as indicated on the preliminary landscape plans submitted with this application. Eagle
City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision.
Preservation of Existing Historical Assets:
The existing home on the site is listed on the Ada County Historic Site inventory (site
#92) as "contributing in a potential district". Yet, because the City of Eagle does not have
an historic district, there are no restrictions on the removal of the building. However, the
applicant is pursuing retaining the house on site, although any proposed modifications to
the house have not been forwarded at his time. If during excavation or development of the
site, any historical artifacts are discovered, state law requires immediate notification to the
state.
1.
STREET DESIGN:
Private or Public Streets: Public
The applicant will construct a roadway into the subdivision traveling southerly from State
Street and terminating in two stub streets, one stub abutting an undivided parcel to the east
and the other stub abutting the undivided parcel to the west. Currently, the portion of the
roadway abutting the existing house on State Street is to be constructed as a 29-foot street
section within 42-feet of right-of-way to aid in preserving the existing trees and home.
The City Engineer has requested that the roadway in this section be widened to a
minimum of 31-feet to provide three travel lanes to aid in turning access onto State Street.
However, the Ada County Highway District does not include this as a standard design in
the District's policy, and may not support this configuration. The roadway serving the
remainder of the subdivision is proposed to be constructed as a 29-foot street section
within 50-feet of right-of-way.
Blocks Less Than 500': None
Cul-de-Sac Design:
None proposed
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Sidewalks, Curbs and Gutters:
The applicant will construct 5-foot wide sidewalks separated from the back-of-curb by a 5-
foot wide landscape strip abutting the internal roadways. In an effort to preserve the trees
along the eastern side of the entry roadway (from State Street), the applicant has will
construct the sidewalk on the western side of the street only (a crosswalk is will provide
access to the east side farther south. Curb, gutter and a 5-foot wide concrete meandering
sidewalk are to be constructed along State Street abutting the northern boundary of the
site, as well as the site directly to the west, which consists of approximately 140-feet of
frontage.
Lighting:
Lighting for the public streets is required. Location and lighting specifications shall be
provided to the City Zoning Administrator prior to the City Engineer signing the final plat.
Street Names:
Street 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.
J.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
See Street Design, 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 - no
Evidence of Erosion - none observed
Fish - none observed
Floodplain - 500-year
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - yes - Ballantyne Canal
Unique Animal Life - none observed
Unique Plant Life - none observed
Unstable Soils - none shown to exist
Wildlife - unknown
N.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required.
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 October 30,
2002, are of special concern (see attached).
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Ada County Highway District
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Joint School District No.2
P.
LETTERS FROM THE PUBLIC:
Letters from Linda Fuller, 826 West State Street, Eagle, ill 83616 date stamped by the
city on October 18, 2002, and October 24,2002.
Q.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant states in the narrative that the entire development is to be constructed in one
phase after receiving appropriate approvals from the City.
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 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 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 I5% 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.
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24. DESIGN FEATURES - For up to 5%
That the quality of the designs for street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features, and varied use of housing types, incorporated into
the development, exceed that of a non PUD development.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map currently designates this site as Residential Four (up
to four dwelling units per acre).
Chapter 2
Property Rights
2.4
Implementation Strategies
b. The Comprehensive Plan and implementing ordinances should strive for
stable and consistent policies regarding development densities and
requirements.
Chapter 3
Population
3.3
Goal
To promote a high quality of life and livability in the community.
Chapter 6
Land Use
6.7
Implementation Strategies
b. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, fire, recreational areas, highways and
transportation systems.
f.
Higher density residential development should be located closest to the
Central Business District (CBD) as shown on the Comprehensive Plan Land
Use Map.
Chapter 8
Transportation
8.1
Background
Transportation planning and land use planning should be compatible with Eagle's
transportation system and should take into account projected land use as depicted on
the Eagle Land Use Map.
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8.6
Chapter 9
The City's existing network of roadways represents only a portion of the system
needed to serve future growth and development. As the City continues to
experience growth, population will increase and the number of vehicles using the
transportation system will increase. In addition to adding new streets and
roadways, modifications and extensions to the existing routes will be necessary in
order to create a fully integrated, modern, efficient transportation system that will
effectively serve the residents of the City, the business community and the
traveling public.
Implementation Strategies
f.
Evaluate the impact to the City of all roadway improvements and roadway
extensions.
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.
r.
Encourage planning of local roadway systems which will provide for intra-
neighborhood connectivity. The connecting roadways should be designed to
not become collectors and to discourage traffic from cutting through
neighborhoods to go from a collector or arterial to another collector or arterial.
Such intra-neighborhood connectivity is for emergency and delivery vehicles
and for local intra-neighborhood access.
Parks, Recreation and Open Spaces
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
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.
9.6.2
Objectives
b.
To provide an open space setting for active and passive recreation for all
age groups throughout the community.
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Chapter 10
Housing
10.2
Goal
Encourage a variety of housing so that all residents can choose sound, affordable
homes that meet individual needs.
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.
11.4
Implementation Strategies
g. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
Chapter 12
Community Design
12.4
Implementation Strategies
h.
The integration of historic structures should be encouraged within new
developments.
Chapter 13
Implementation
13.3
Special Implementation Techniques
PUD regulations are intended to encourage innovations in land development
techniques so that the growing demands of the community may be met with
greater flexibility and variety in type, design, and layout of sites and buildings and
by the conservation and more efficient use of open spaces and of other natural
environmental features which enhance the quality of life.
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
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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 8-2-4 (G): A decrease of minimum lot size in a subdivision may be allowed if
there is an offsetting increase of the same square-footage in open space and a planned unit
development is applied for and approved.
.
ECC Section 8-2A-7 (4) (b)
Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways, to protect residential communities from
noisy, potentially dangerous, high-speed roads. The buffer area shall be defined as the
distance from the outside wall of the lowest story of any single-family attached or
detached dwelling and the right-of-way line of the roadway. The lowest story must be
screened from the view of any street classified as a collector, arterial, freeway, or
expressway. This buffer is required either on individual lots or as an easement, or as part
of the common open space owned and maintained by a homeowners' association. Any
landscaping proposed to be within the public right of way shall not be included as a part of
the buffer area required below. The height for berming/fencing, as noted below, shall be
measured from the elevation of the final grade of the adjacent roadway (measured at the
center line) to the top of the proposed berming/fencing. The required buffer area width,
plantings, and fencing are as follows:
Any road designated as a minor arterial on the AP A functional street classification map:
A minimum of fifty feet (50') 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: five
(5) shade trees, eight (8) evergreen trees, three (3) 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 five foot (5') high, maximum eight foot (8') 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'). Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be
permitted.
The five foot (5') 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 fifty foot (50') wide buffer noted above.
.
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:
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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.
.
ECC Section 8-7-3-3 CONDITIONAL USES "PUBLIC SITES AND OPEN SPACES"
Public sites and open spaces shall conform to the following:
B. Natural Features: Existing natural features which add value to residential development
and enhance the attractiveness of the community (such as trees, water courses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the development.
C. Special Developments: In the case of planned unit developments and large-scale
developments, the Council may require sufficient park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
development.
.
ECC Section 8-7-3-5: CONDITIONAL USE PERMIT:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may
be attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more restrictive standards than those 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
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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 TillS PROPOSAL:
WHICH
ARE
OF
SPECIAL
CONCERN
.
ECC Section 9-3-2-1 (C) Stub Streets, states in part:
Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions
shall be such that said streets extend to the boundary line of the tract to make provisions
for the future extension of said streets into adjacent areas.
.
ECC Section 9-3-2-1 (E) Public Alleys:
Public alleys shall be provided in multiple dwelling or commercial subdivisions unless
other provisions are made for service access and off street loading and parking. Dead end
public alleys shall be prohibited in all cases.
.
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:
I.Sidewalks, a minimum five (5') feet wide, shall be required on both sides of the streel
2.Sidewalks and crosswalks shall be constructed and maintained in accordance with the
3.
Sidewalks shall be separated from the edge of the abutting roadway
and lor 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.
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D. DISCUSSION:
.
The applicant is proposing to construct a development consisting of lots with widths of
approximately 4 I-feet to accommodate a "neo-traditional" neighborhood. This type of
development typically consists of single-family dwellings located in close proximity to each other,
with the majority of the yard area located within a common open space. The front of the houses
are located near the street to not only provide a "quaint" neighborhood feel, but to also
accommodate a rear yard garage accessed by an paved easement. With this type of development,
deviations from standard minimums within the code are to be considered, including setbacks, lot
coverage, and lot size and width.
The applicant has requested to provide lots (ranging in size from 4,838 sJ. to 6,419 s.f.) which are
reduced in size from the required minimum area of 8,000 sJ. for an R-4 zoning district. Eagle
City Code 8-2-4 (G) allows a decrease of minimum lot size in a subdivision if there is an offsetting
increase of the same square-footage in open space and a planned unit development is applied for
and approved. If this PUD is approved by the Council, the decrease in lot size may be permitted
since the development has been designed to provide the required amount of offsetting increase of
square footage within the open space.
With regard to the lot coverage and lot width, the applicant has requested to increase the maximum
lot coverage allowed from 40% to 50%, and to allow the lot width to be decreased from the
minimum seventy feet (70') to approximately forty-one feet (41 '). It may be considered that the
aforementioned items are vital to achieve the neighborhood character and type of building design
that is proposed with this development. Otherwise, the neighborhood may come to resemble that
of a typical subdivision within an R-4 zoning district, which in and of itself is not an undesirable
development, rather it loses the opportunity for variety and distinction provided by the neo-
traditional design.
The applicant has requested the following setbacks for all homes within this development: 15'-
front, 20' -rear, 5' -side, and 15' -street side. In addition, the applicant has requested that the 5' -side
setback be applied to both one-story and two-story dwellings, with no additional setback required
for the two-story units. The reduced front and street side setbacks may be considered ideal for this
type of development in order to provide the sense of community and neighborly connection the
developer desires to achieve. However, while the 5' -side setback may also contribute to the
aforementioned attributes, to allow the 5' -side setback to apply to the second-story as well may be
less than desirable. As two tall buildings are located closer to one another, a large wall-like
appearance may be the unintended result, or the reverse, a street lined with two-story homes and
trees may provide a traditional "row house" appeal. Staff will defer to the Planning and Zoning
Commission and the City Council for discussion regarding this item.
Finally, the rear setback of 20' should be increased to 24' in order to provide adequate space for
vehicles backing out of the garages and into the rear lot access easements. Staff proposes the
following setbacks to be considered by the Council:
Front
Rear
Interior Side
Street Side
Rear lot accessed garages
15 feet
20 feet
5 feet (or as approved by the Council)
15 feet
24-feet
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.
The applicant has requested an increase in density from a maximum of 4-units to the acre to 4.08 -
units to the acre. Through the City's PUD process, an applicant may be permitted an increase of
up to 15% in density if the Council determines that three sets of criteria have been met (or 5% for
each one set of criteria). The maximum density that would be allowed in this development is 30.4-
units (if a non-PUD); the applicant is proposing 31-units, an increase of .6-units. The overall type
of development (neo-traditional) may be considered as contributing to unique architectural styles, a
harmonious use of materials, and varied housing types which may warrant a density increase of up
to five-percent. The applicant should provide details to the Planning and Zoning Commission and
the City Council for the determination to allow the increase in density from 4-units to 4.08-units to
the acre.
.
As was briefly mentioned previously, the majority of the houses in this development will have rear
entry garages accessed by a 20-foot wide paved cross access easement that travels along the rear of
the lots. This easement is proposed neither as a public alley nor a private roadway but rather as a
paved access from lot to lot, wherein each property owner grants cross access to the other owners
to enter their respective properties. A public alley or private road is not feasible to the developer
since these two options would require either the dedication of right-of-way or the platting of a
separate lot, thereby reducing the size of the lots. The development would most likely not be able
to be constructed as proposed since the offset in open space required with the decrease in
minimum lot size could not be achieved without the elimination of some building lots (possibly 5
to 6 lots), thereby altering the intended character of the neighborhood. Eagle City Code 9-3-2-1
(E) states that public alleys are required in multi-family developments or commercial subdivisions
unless other service options are provided; the ordinance is silent on whether a public alley is
required in this type of development. While these paved access easements would function most
similar to an alleyway, and would be classified most similar to a private roadway (since no
dedication to the public is proposed), they may also be similar to driveways shared by multiple
residents. The Planning and Zoning Commission and the City Council may find that upon
designating on the plat that the 20-foot paved access easements are to be common to all residents
of Alderwood Village for the purposes of cross access, and with provisions within the CC&R's
requiring a plan and schedule for the future repair and maintenance of said easements, the paved
easements may be considered a valuable asset to the design of this development.
In addition, with portions of properties adjacent to this site currently undivided, consideration
should be given to providing cross access from the paved easements to the abutting parcels. Upon
the development of the adjacent parcels, the current design of the paved easements may facilitate
the further construction of the same type of neighborhood proposed in this application, whereby
rear yard garages would access the easement located within the Alderwood Village Subdivision. If
the Council approves the 20-foot wide paved access, the applicant should place a note on the plat
to provide cross access to the abutting properties if said properties are developed in a similar
manner as proposed with this application.
.
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide abutting
the front and rear property lines of each lot and 6-feet wide on either side of the common side lot
lines. The applicant has not specifically delineated easements on the common side lot lines in the
event that two adjacent lots are purchased to construct one home upon both lots. One point of
view may be that to construct one dwelling upon two lots would change the intended character of
the subdivision, transforming the development to resemble a standard subdivision and not fully
utilizing the provisions that a PUD application permits. However, it may be considered that to
allow the flexibility to construct a dwelling on multiple lots may provide a creative alternative
within the development itself and provide a benefit to the neighborhood that is not realized at this
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point in time. Staff recommends that the easements should be delineated on the common side lot
lines to facilitate the intended result of the development as well as to ensure that each dwelling will
be served adequately with utilities. (Note: If the City Council approves the reduced setbacks to
five-feet, the easement width on each side of the lot line would need to be reduced to five feet as
well). Flexibility will not be diminished since Eagle City Code provides a process for the vacation
of utility easements to allow the construction of a building over a lot line. If an application for the
vacation of a utility easement were applied for within this development, the City would have an
opportunity to review the appropriateness of constructing one dwelling upon two lots, which may
be warranted at a future date.
.
Under the current configuration of the proposed plat, the existing house on Lot 2, Block 1, would
not meet the required rear yard setback of 20-feet (no setback deviation has been proposed for this
specific situation). Staff believes one of three options may be utilized in order for the house to be
in compliance with the required setbacks; 1) remove that portion of the house which extends into
the setback; 2) adjust the southern boundary line of Lot 2, Block 1, to the south an adequate
distance to comply with the setback or 3) request the setback to be lO-feet for this lot only. Staff
will defer to the City Council as to which method is most appropriate.
.
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 not specified how the storage of boats, campers, and
trailers will be accommodated, whether in a centrally located, screened enclosure, or upon each
individual lot. 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. However, the applicant has not provided information as to whether a maintenance
building will be constructed on site or whether an outside contractor will be hired by the
homeowner's association to maintain and service the common areas. Past City Council has
determined that an outside maintenance contractor may be more appropriate than an on-site
maintenance building, provided the applicant includes in the CC&Rs provisions which define the
guidelines for the contracting of an outside maintenance fITm. 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 the City Clerk signing the final plat, UNLESS the
Council determines that an outside maintenance contractor is acceptable in lieu of the maintenance
building, then the applicant should provide a copy of the CC&R' s for review which define the
guidelines for the contracting of an outside maintenance firm, prior to the City Clerk signing the
final plat.
.
Eagle City Code requires that all buffer areas be located either within a common lot or within an
easement to be owned and maintained by the homeowner's association, and stated as such on the
plat. In previous action and to clarify the issue of whether the common lot or an easement is more
appropriate, the Council determined that in zoning districts exceeding R-l, the buffer is to be
within a common lot. In zoning districts of R-l, R-E, A-R and A, buffer areas may be placed
within an easement. In this instance the applicant has shown a buffer abutting State Street within a
20-foot (20') wide common lot (Lot 1, Block 1), which is thirty-feet (30') short of the required
fifty-foot wide (50') minimum for a subdivision located adjacent to a minor arterial. However, if
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K:\Plalllllng DeptlEagle Appli"atioIlSISUBSI20021AIderwood Village PUD pzLdoc
the fifty-foot wide (50') buffer area was to be fully provided, a portion of the buffer would extend
through the front portion of the existing house (Lot 2, Block 1) on State Street, which is proposed
to remain as a part of the subdivision. While it may be physically impossible to extend the buffer
through the house, this does not relieve the applicant of providing the required buffer area. Eagle
City Code permits the applicant to apply for an alternate method of compliance for landscaping
when certain conditions exist that prohibits City ordinances from being fully complied with.
Therefore, prior to the City accepting a final plat application, the applicant should submit an
alternate method of compliance application for Lot 2, Block 1, to the Design Review Board for
review and approval of the buffer area abutting State Street.
.
The applicant has not proposed the construction of a sidewalk on the east side of the main entrance
into the site (Alderwood Street) since the construction of the sidewalk would entail the removal of
existing trees located on the site. A sidewalk will be constructed on the west side of the road with
a crosswalk to provide access to the east side of the street, farther south of the trees. Staff is
supportive of not requiring the construction of a sidewalk abutting the eastern side of Alderwood
Street to preserve the existing trees and since pedestrian access and circulation is adequately
provided for with crosswalks and a sidewalk on the west side of the roadway.
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
November 4, 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).
D. Oral testimony neither in favor of nor opposed to this proposal was presented to the Planning and
Zoning Commission by four (4) individuals who felt the unique design of the development was
beneficial to the community but also had concerns with the need for a fence along the east and west
boundary lines to the south boundary, the existing house should be removed and the entry road shifted
to the west, the need to save existing trees, additional screening to aid in privacy from traffic. the
quality and quantity of builders to ensure conformity in construction.
COMMISSION DECISION:
The Commission voted 3 to 0 (Bloom left the hearing prior to the vote, Crook absent) to
recommend approval of CU-1O-02/PPUD-3-02/PP-6-02 for a conditional use, preliminary
development plan, and preliminary plat for Alderwood Village Subdivision planned unit
development with the following staff recommended site specific conditions of approval and
standard conditions of approval with strikethrough text to be deleted by the Commission and
underline text to be added by the Commission.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Comply with all site specific recommendations provided within the City's Engineering firm's
(Holladay Engineering) letter date stamped by the City on October 30, 2002.
2.
Construct the portion of Alderwood Street abutting the existing house on Lot 2, Block 1, as aM 29-
foot street section within 42-feet of right-of-way, as approved by the Ada County Highway District.
UNLESS the .^.da COI:IRty Highv:ay District detell'RiRes tHat tHis desigR is a sigRifieaRt deviatioR from
District poliey. If tHis is tHe case, the applieaRt may coRstrnct tHis roadway seetioR as a 29 f-üot street
withiB ~2 feet of right of '.vay.
3.
The applicant shall provide a letter from the Eagle Fire District approving the design of a turnaround
at the southeast terminus of Alderwood Street.
4.
The existing shed on Lot 2, Block 1, and the barn and chicken coop shall be removed from the site
prior to the City Clerk signing the final plat.
5.
If the Council approves the 20-foot wide paved access easements, provide a note on the plat that states
there shall be no parking allowed within the 20-foot wide access easements abutting the rear lot line of
Lots 1-15, Block 3, and Lots 1-14, Block 2. Provide a statement in the CC&R's that prohibits parking
on the 20-foot easement. "No Parking" signs shall be posted on one side of the paved easement prior
to the issuance of any Certificates of Occupancy.
6.
If the Council approves the 20-foot wide paved access easements, provide a note on the plat and
within the CC&R's that states that each lot owner within the subdivision has the perpetual right of
ingress and egress over the 20-foot wide access easements abutting the rear lot lines of Lots 1-15,
Block 3, and Lots 1-14, Block 2, and that the perpetual easements shall run with the land.
7.
If the Council approves the 20-foot wide paved access, provide a copy of the Subdivision's CC&R's
providing a plan and schedule for the future repair and maintenance of the 20-foot wide paved access.
The CC&R's shall be reviewed and approved by the City Engineer prior to the City Clerk signing the
final plat.
8.
If the Council approves the 20-foot wide paved access easements, provide a note on the plat that states
that the restrictive covenant for maintenance of the 20-foot wide paved access easements cannot be
modified and the homeowners' association cannot be dissolved without the express consent of the
City. The City may order the owners or the entity responsible for the maintenance of the paved access
easements approved with this application to undertake such repair and maintenance activities as may
be determined necessary to protect the public health, safety, or welfare and make such expenditures
from the funds reserved through the Homeowners Association (or other approved means); and the
owner or responsible entity shall. as a condition of approval of the paved access easements, be deemed
to have a?:reed to comply with any such order and to reimburse the City all of its costs. including
attorney fees. incurred in obtaining or enforcing any such order. A court of competent jurisdiction may
enforce any order entered by the Council pursuant to this approval and the City shall be entitled to
recover its costs and attorney fees incurred in connection therewith.
9.
If the Council approves the 20-foot wide paved access easements, the applicant shall place a note on
the plat that generally states cross access will be provided to the properties abutting the 20-foot wide
paved access easements if said properties are developed in a similar manner as approved with this
application.
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K:\Planrung DeptlEagle Appücatiolls\SUBSI2002IAlùerwooù Village PUD pzfùoc
10. Any overhead utilities serving the existing dwelling on Lot 2, Block 1, shall be relocated underground.
11. Revise the plat to change the utility easement width (as stated in Note #3) to a minimum of 12-feet
wide. The rear lot utility easement shall be a minimum of 12-feet wide. The common side lot lines
shall be six-feet in width on either side of the lot line:. Hsless tae CoHseil approves a five f-øot '.\'ide
setbaek, waer-eis the easemest widta may be adjüsteà aeeordisgly.
12. The applicant shall submit a design review application showing proposed subdivision signage and a
landscape plan showing perimeter fencing (if proposed), street trees, common area landscaping, and
berming, fencing, and planting details within the required 50-foot wide buffer area (unless an alternate
method of compliance is approved by the Board) along State Street abutting this site for review and
approval by the Design Review Board prior to City approval of a final plat.
13. The applicant shall submit a design review application showing proposed landscaping to be located
adjacent to the rear of the houses and adjacent to the 20-foot wide paved access easement (to provide
variety between the houses) for review and approval by the Design Review Board prior to City
approval of a final plat.
14. The applicant shall submit a design review application with a landscape plan showing planting details
within the common lot area between Alderwood A venue and the existing residential subdivision to the
east, including the area adjacent to the curve between Alderwood Avenue and Aikens Street. The
planting details shall show how the residences to the east will be screened from vehicle headlights
traveling east on Aikens Street to Alderwood A venue. The plans shall be submitted for review and
approval by the Design Review Board prior to City approval of a final plat.
15. 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 as shown on the landscape plan date
stamped by the City on September 12, 2002. 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.
16. Construct curb, gutter and a minimum 5-foot wide meandering concrete sidewalk along State Street
abutting this site generally in the location depicted on the preliminary plat date stamped by the City on
October 24, 2002, and extending from the northeast corner of this development to the northwest
corner of the parcel located at 835 West State Street, prior to the City Clerk signing the final plat.
17. The applicant shall apply for annexation into the Eagle Sewer District's service boundaries and shall
comply with all applicable Eagle Sewer District's regulations and conditions prior to the City Council
approving the final plat.
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K:\PJanning DeptlEagle Appli"atiolls\SUBSI2002\Alderwood Village PUD pzr.d,,"
18. The setbacks that are reduced from those required in Eagle City Code Section 8-2-4 are permitted to
be as follows (or as approved by the City Council):
Front
Rear
Interior Side
Street Side
Rear lot accessed garages
Front entry garages
(Lots 4-7, Block 1)
15 feet
20 feet
5 feet
15 feet
24-feet
20-feet
19. With regard to the required rear yard setback on Lot 2, Block 1, the applicant shall comply with one or
a combination of the following (as may be determined by the City Council): I) remove that portion of
the house which extends into the setback;-~ 2) adjl::lst tHe soutHern boundary line of Lot 2, Block 1, to
the SOl::ltA aa adeql::late distance to comply with the setback or 3) r-eql::lest tHe setback to be 10 feet for
this lot only. Staff will def-er to the Col:lncil as to ""'HicH metHod is most appropriate.
20. A five-foot wide concrete sidewalk will not be required abutting the eastern side of Alderwood Street
(for only the first 250-feet of roadway extending south of the State Street right-of-way) UNLESS the
Council determines that a 5-foot wide concrete sidewalk is required along the eastern side of the
roadway.
21. The applicant shall install "No Parking" signs along one side of the internal roadways, prior to the
issuance of any building permits.
22. The applicant shall provide a letter from the entity with jurisdiction over the Ballantyne Ditch
regarding approval of any landscape improvements or tiling of the ditch that runs westerly through the
property.
23. 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).
24. 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 development plan 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.
25. Useable park amenities such as, picnic tables, gazebos, swing sets, basketball courts, ball fields and/or
similar amenities 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.
26. The entire Alderwood Village development shall remain under the control of one Homeowners
Association.
27. A maintenance building shall be provided of such size and in such location as is suitable for the
Page 20 of 27
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service needs that are necessary for the repair and maintenance of all common areas UNLESS it is
determined that an outside maintenance contractor hired to care for the common area will satisfy this
requirement. 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. 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.
28. P::;,. a :,'ised ~roli",i."'Y ~Iat. sl1ewæg aft area ?p"áfi6lHly designated fer tit. 'tOFlign ef be..s.
~= s, a d traIlers, UNLESS It IS âetømuBeà that lfl(hvIàtiallot storage IS more a~~~~1~~ ~~ ~
. ~~~ ;;~~~; ;';cility, the applicaHt shmlld provide a copy of the CC&Rs for review which d~fi~e
;~ ;;~;e; ;;;rage of the boats, campers aBd trailers. If a comrnOB storage area is re~!r~, ~~B :~:
;~r~:c~n~~o~~ ~e ~eq~ired to obtaiB desigB review approval aRd shmlld CORs~~t :~: ~~~~~ ~::
:. t r ( slgmRg the fiRal fJlat f{)r the fist phase. The storage area s~~~ ~: ~~:1~~'~ ~:~
;;;o:;edb; ~ DesigR Review Board aBd coRstmcted prior to the City Clerk sigBiRg the fiRal plat.
The parking of boats, trailers, recreational vehicles and the like shall only be allowed within an
enclosed garage and are prohibited from being parked or stored on any public roadway or paved
access easement. The parking of automobiles is prohibited within the paved access easements. The
applicant shall provide a COpy of the CC&Rs for review and approval which includes a statement
addressing the aforementioned restrictions, prior to the City Clerk signing the final plat.
29. 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".
30. The applicant shall install a fence along both the eastern and western property lines, extending the
length from the north to the south of the development. The fencing height and materials shall be
submitted for review and approval by the Design Review Board prior to City approval of a final plat.
31. The applicant shall provide construction drawings for a pressurized irrigation system to service each
lot for review and approval by the City Engineer, at the time a final plat is submitted to the City. The
system shall be designed to meet all standards as required by the City Engineer.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2.
Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3.
Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and I.c. 39-118).
5.
Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
Page 21 of 27
K;\Plall1llllg DeptlEaglo Applicatiolls\SUBSI2002\Aldorwood ViUago PUD pzf.doc
12.
6.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.c.c. 9-20-8.4)
7.
All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home.
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
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.
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13.
14.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
The proposed 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
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.
17.
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
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27.
28.
29.
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
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.
In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
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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 September 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 October 8, 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 2, 2002. Requests for agencies' reviews
were transmitted on September 17, 2002, in accordance with the requirements of the Eagle City Code.
3. In accordance with Eagle City Code findings for a conditional use permit, preliminary development
plan and preliminary plat, the Eagle Planning and Zoning Commission makes the following
conclusions for CU-1O-02/PPUD-3-02/PP-6-02 for Alderwood Village Subdivision planned unit
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;
Through the conditions of this application, the site will offer a residential neighborhood with a
park that will provide amenities for the enjoyment of the residents and will aid in buffering traffic
impacts from the adjacent highway to the south, and housing that will provide an opportunity to
people seeking a dwelling located on smaller lots with a traditional neighborhood atmosphere.
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 Alderwood development has been designed to maintain a single-family dwelling character,
similar to the uses to the east of the site, as well as to provide a park that has an "open to the sky"
appearance similar to the pasture land located to the west of this project.
All property owners will be required to join a Homeowners Association that will also be
responsible for maintenance of the common areas and the community facilities received from
owner fees and assessments.
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KIPlwllling DeptlEagle Applicatiuns\SUBSI2002\AkJerwuod Village POD pzf.duc
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The development will provide landscape buffering and fencing between the internal roadway and
the existing residences to the east to aid in mitigating any differences in traffic and noise. In
addition, the existing house as well as the existing trees will be retained on site (as much as is
feasible) to maintain the familiarity that surrounding residents have become accustomed to.
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 been designed with single-family dwelling units that will be compatible with
the existing units to the east and the north, and non-intrusive with the pasture and residences to the
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,
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 district, water entity and highway district having
jurisdiction. In addition, 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 provide a large park area with
a tot lot and garden area to allow residents to enjoy smaller dwelling lots yet have access to
amenities that are more community oriented. The houses will abut tree lined streets with smaller
front yard setbacks which will provide a neighborhood feel that is not common to large lot
developments.
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 State Street by way of Alderwood Avenue that is in
approximately the same location as the driveway serving the existing house. Stub streets will be
constructed to abut adjacent parcels to the east and west to allow for interconnectivity and
additional access to State Street. The Ada County Highway District guides the design and
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K\Plamling DeptlEagle AppLicatiolls\SUBSI2002\Alùerwood Village PUD pzfdoc
construction of the roadways and entrance.
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 is designed to incorporate the existing house on the Ada County Historic Site
inventory (site #92) as "contributing in a potential district", In addition the existing trees on the
site are to be preserved as much as is feasible to maintain the natural features 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;
The City of Eagle's 2000 Comprehensive Plan encourages new development to provide for intra-
neighborhood interconnectivity, which will be achieved with stub streets available to adjoining
properties. While the density may be less than one unit above the maximum of four units to the
acre, this site will provide a variety of housing types that provides higher density located close to
the Central Business District (CBD), as shown on the Comprehensive Plan Land Use Map.
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.
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;
The proposed smaller lot sizes and setbacks are important to creating a neo-traditional community
that has to this date not been provided within the City. In addition, the incorporation of the
existing historical structure and trees into the development will aid in maintaining the familiar
character of the area that the residents have become accustomed to.
DATED this 13th day of November 2002.
]¡T
(~\l.. ~~
'-'Sharon 'K. Moore, Eagle City Cler
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