Findings - PZ - 2003 - CU-4-03 & OO-2-03 - Paddy Row Subd/30-Lot Subd/3.55 Acre/150 S. 2Nd St.
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT AND
PRELThflNARYPLATFORPADDYROW
SUBDIVISION FOR STEVE ROTH
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-4-03 & PP-2-03
The above-entitled conditional use permit and preliminary plat applications came before the Eagle
Planning and Zoning Commission for their recommendation on August 18,2003. The Eagle Planning and
Zoning Commission having heard and taken oral and \Witten testimony, and having duly considered the
matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Steve Roth, represented by Jane Suggs, is requesting a conditional use permit and
preliminary plat approval for Paddy Row Subdivision, a 3D-lot (24-buildable, 5-common,
I-private road) residential subdivision. The 3.55-acre site is generally located on the north
side of 2nd Street approximately 50-feet north of Plaza Drive at 150 South 2nd Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 1, 2003.
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 May 27,2003. 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 May 21,2003. Requests for agencies' reviews were transmitted on May 5,2003,
in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
The Ada County Highway District recently purchased the parcel to the south of this site
for the future extension of Plaza Street.
E.
COMPANION APPLICATIONS: V-2-03 (Variance from the requirement to construct the
residential finished floor two-feet (2') above the base flood elevation, and from the
requirement to construct roadways and manholes ~-foot (0.5') above the base flood
elevation.
Page 1 of 23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf.doc
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business CBD (Central Business District) Residence
District
Proposed No Change No Change Residential Subdivision
North of site Central Business R -12 (Residential) Apartments and North
District side Drain Ditch (Eagle
Drain)
South of site Central Business CBD (Central Business District) Residence and future
District Plaza Street extension
East of site Central Business CBD (Central Business District) Mobile home park
District
West of site Central Business CBD (Central Business District) Eagle Plaza commercial
District center
G.
DESIGN REVIEW OVERLAY DISTRICT: The western portion is within the IDA (Transitional
Development Area) and the eastern portion is within the CEDA (Community Entry
Development Area).
H.
SITE DATA:
Total Acreage of Site - 3.55-acres
Total Number of Lots - 30
Residential - 24
Private street - 1
Common - 5
Total Number of Units - 24
Total Acreage of Any Out-Parcels - 0
Page 2 of 23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf.doc
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 6.76-units per acre Not limited within the CBD
Minimum Lot Size 2,OOO-square feet 500-square feet
Minimum Lot Width 26-feet 25-feet
Minimum Street Frontage 26-feet O-feet for commercial zoning
districts
Total Acreage of Common Area .52-acres (22,754 square feet) No minimum required in the
CBD
Percent of Site as Common Area 14.7% No minimum required in the
CBD
I.
GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Will provide a total of 14.7% common area within the interior of the subdivision; the
minimum open space required is to be determined with the conditional use permit. A
gazebo with a brick-paver patio and associated landscaping, as well as landscaping around
the perimeter of the site, is to be constructed. A five-foot wide landscape buffer is to be
installed on the south side of Tranquil Street, adjacent to a forty-one-foot (41 ') wide strip
of land that would become a remnant parcel upon the extension of Plaza Drive.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to 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 (when deemed necessary) to be
not less than 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - not allowed
Page 3 of 23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf.doc
Preservation of Existing Natural Features:
The parcel has a variety of existing trees, the majority of which are located along the
Northside Drain Ditch (Eagle Drain) bordering the north side of this site. Eagle City Code
Section 9-3-8 (B) states that existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires
immediate notification to the state.
J.
STREET DESIGN:
Private or Public Streets: Private
The applicant is to construct a looped private roadway, with two (2) alleyways providing
access to the dwelling-unit garages (the dwellings are proposed to front on the roadways).
The roadways are to be paved as twenty-eight-foot (28') street sections with curb and
gutter, and the alleyways are to be paved twenty-feet (20') in width.
Applicant's Justification for Private Streets:
See applicant's justification letter date stamped by the City on May 1, 2003. The letter is
incorporated herein by reference.
Blocks Less Than 500': None
Cul-de-sac Design: N/a
Sidewalks:
A four-foot (4') wide concrete sidewalk (minimum five-foot (5') required) separated by a
five-foot (5') wide landscape strip has been proposed along Rio Bonito Street while an
attached sidewalk has been shown on Tranquil Street. Five-foot (5') wide detached
sidewalks (separated from the curb with a five-foot (5') wide planter strip) are required
along all streets within this development
Curbs and Gutters:
Second Street abutting this parcel is currently improved with rolled curb, gutter and a five-
foot (5') wide sidewalk, all of which should be reconstructed to match the improvements
recently constructed on the west side of Second Street, consisting of a ten-foot (10') wide
sidewalk, street trees and historic street lights. Curb and gutter abutting the private streets
are to be constructed.
Page 4 of 23
K:\Planning Dept\Eagle Applieations\SUBS\2003\Paddy Row Sub eu pp pzf.doe
Lighting:
Lighting for the proposed subdivision is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City approving 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.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
See Sidewalks noted above.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L.
PUBLIC USES PROPOSED: None Proposed
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - The Boise River Floodplain is designated a Hazard Area and
Special Area in the Comprehensive Plan. The Plan
specifies additional development criteria and calls for
special consideration relating to any proposed
development within the Boise River Floodplain.
Evidence of Erosion - No
Fish Habitat - No
Floodplain - Yes - Boise River Floodplain
Mature Trees - Yes
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - Northside Drain Ditch
Unique Animal Life - Unknown
Unique Plant Life - Unknown
Unstable Soils - No
Wildlife Habitat - Unknown
Historical Sites - Unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
An EAP report has been submitted for review by the City Engineer. The report is
incorporated herein by reference
Page 5 of 23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf.doc
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power
Joint School District No.2
Eagle Water Company
Q.
LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSNE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 1 - Overview
1.1
City of Eagle Statement of Purpose
d. To ensure that the important environmental features ofthe City and its Impact
Area are protected and enhanced.
e. To encourage urban and urban-type development within the incorporated city.
g. To ensure that the development ofland is commensurate with the physical
characteristics of the land.
Chapter 3 - Population
3.3
Goal
To promote a high quality of life and livability in the community.
Chapter 5 - Economic Development
5.5
Implementation Strategies
c. Encourage a diversity of uses in the Central Business District.
Page 6 of 23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf,doc
Chapter 6 - Land Use
Central Business District
Suitable primarily for development that accommodates and encourages further expansion
and renewal in the downtown core business area of the community. A variety of business,
public, quasi-public, cultural, residential and other related uses are encouraged. The
greatest possible concentration of retail sales and business is to occur in this land use
designation. Pedestrian friendly uses and developments are encouraged. Land within this
district requires a CBD zoning designation upon any rezone.
6.7
Implementation Strategies
c. Provide for a broad spectrum of housing types including apartments, townhouses,
condominiums, single family attached, manufactured homes, affordable and
subsidized housing and large acreage developments.
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 7 - Natural Resources and Hazard Areas
7.8
Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas within
the Eagle Impact Area. Future areas may be added to the Comprehensive Plan when
deemed necessary.
Areas of flooding consists of two parts: (1) the floodway which is the most severe area of
flooding characterized by deep and fast moving water; and (2) the floodplain which is less
severe than the floodway and is characterized by shallower and slower moving waters at
the time of flooding.
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.
11.2
Recognized Special Areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological and scenic
Page 7 of 23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf.doc
B.
significance. The area comprises the two channels of the Boise River and intervening and
immediately adjacent areas as generally depicted on the Comprehensive Plan Land Use
Map.
11.4
Implementation Strategies
f. Create a vibrant CBD and encourage the preservation of downtown Eagle as a special
and unique place.
Chapter 12 - Community Design
12.4
Implementation Strategies
k. Encourage the preservation of natural resources such as creeks, drainages, steep slopes,
and ridgelines as visual amenities.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-1-2 OPEN SPACE:
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
.
ECC Section 8-2-3 states that a single-family dwelling requires the approval of a
conditional use permit within the CBD zoning district.
.
ECC Section 8-2A-6 (C) (3) (d) Setbacks and Lot Coverage within the TDA:
Front, side and rear setbacks shall be for pedestrian amenities and the city encourages joint
efforts between adjoining property owners. Suggested amenities include: public art,
landscape treatment, seating, flowers/shrubs/tree displays in movable planters, outdoor
dining, plazas, streetscape extension and bike racks.
.
ECC Section 8-2A-6 (C) (3) (e) Setbacks and Lot Coverage within the TDA:
The city encourages developing outdoor use and/or strong visual ties on properties along
the Eagle drain to preserve its natural resource, visual features and possible recreational
value.
.
ECC Section 8-2A-6 (C) (5) Landscaping and Streetscape within the IDA:
All landscaping shall comply with the landscape guidelines contained in the design review
guidelines booklet as set forth in section 8-2A-12 of this article. Applicant shall provide
urban streetscape treatment with ten-foot (10') wide sidewalks, with curbs and gutters and
bulb-outs at all intersections excluding Eagle Road. Streetscape improvements will
include: street trees, pedestrian lighting, and furnishings. A modified streetscape may be
approved where appropriate by utilizing eight-foot (8') wide sidewalks plus a ten-foot (10')
wide park strip with street trees, pedestrian lights and lawn. Furnishings shall be used
sparingly in the public right of way in this district and may include benches, planters, and
Page 8 of 23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf.doc
c.
waste receptacles, located primarily at intersections. Private development is encouraged to
provide additional furnishings within the required setbacks.
.
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.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
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 9-3-2-5 Private Streets, states in part:
Private streets may be permitted at the discretion of the Council.
.
ECC Section 9-3-2-5 (B) (2)
Except as may be otherwise set forth in this Section, private streets shall meet such design
and dimensional requirements as the Council may determine are appropriate considering
the proposed use and the site upon which the private streets are to be placed, including, in
the discretion of the Council, provisions for sidewalks. curbs. and gutters; provided,
however, that all private streets shall contain paved travel lanes a minimum of twelve feet
(12') in width (except as noted herein) and shall otherwise provide for the safe, convenient
and effective movement of both vehicular and pedestrian traffic.
.
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 (F) Sidewalk Design:
1. Sidewalks, a minimum five (5') feet wide, shall be required on both sides of the
street; except, that where the average width of lots, as measured at the street
frontage line or at the building setback line, is over one hundred feet (100'),
sidewalks on only one side of the street may be allowed.
2.
Sidewalks and crosswalks shall be constructed and maintained in accordance with
the standards and specifications of the Ada County Highway District.
Page 9 of 23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf.doc
D.
3.
Sidewalks shall be separated from the edge of the abutting roadway and / or back of
curb by a minimum five-foot (5') wide landscape strip. The landscape strip shall be
completed with sod, automatic irrigation, and planted with 3-inch minimum caliper
shade-class trees along all streets within the subdivision. Installation of landscaping
shall be in accordance with Section 8-2A-7 of this Code.
.
ECC Section 9-4-1-9 C (1) Pressurized Irrigation Facilities:
For any new subdivision and/or PUD, to be provided with a public water
system and containing more than four (4) lots, all residential dwelling units within such
subdivision shall be provided with a pressurized irrigation system to be served with
irrigation water unless a waiver, as outlined herein, is approved by the City Council.
DISCUSSION:
.
The Comprehensive Plan Land Use Map designates this site as Central Business District,
which does not have a limit on the maximum dwelling-units per acre allowed. The applicant
is proposing 6.76-units per acre.
.
This development is unique to the City in that it is a single-family residential subdivision
located in the Central Business District (that is, proposed to be built after the establishment of
the district rather than having been previously developed and then included within the
district). The ordinance regarding improvements within the Central Business District, and
associated Design Review overlay districts, has been designed with commercial uses in mind
rather than residential uses, and as such, there are sections of the Eagle City Code which may
be considered as not relevant to this development. The Land Subdivisions ordinance (Title 9)
appears to be written with residential uses as the main focus, while the zoning ordinance (title
8) places the emphasis on commercial uses and the appearance of those uses. For example,
the Transitional Development Area (IDA) design review overlay district requires that all
buildings have a "storefront" façade on the ground floor elevation, which may be considered
more appropriate for a commercial use rather than a single-family dwelling. Also, it is
encouraged to provide public art, seating, bike racks and other amenities that are typical of a
public street within the front setback of a building within the TDA. Again these uses may be
considered more appropriate for commercial uses, although the applicant proposes to
incorporate a plaza, landscaping and seating along 2nd Street for both passersby and the
residents of the development.
The applicant is proposing to construct a development consisting of lots ranging in widths of
28-feet to 48-feet to accommodate a neighborhood of houses reminiscent of the "row house"
design. 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 "downtown"
appearance (building faces abutting sidewalks are typical of older city centers), but to also
accommodate a rear yard garage accessed by a private alley.
.
A private street located within a common lot (Lot 1, Block 4) has been proposed to provide
access to the dwelling units. A main factor in the applicant's proposal for private streets is the
lOO-foot easement centered on the Eagle Drain abutting the northern and eastern boundaries of
this site. A public road is not feasible (in the private street location proposed by the applicant)
since a public right-of-way cannot be dedicated, or will not be accepted, within the drainage
easement. This does not mean that a public right-of-way cannot be located elsewhere on the
Page 10 of 23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf.doc
site, yet the development would most likely not be constructed as proposed since the intended
character of the development would be altered. If a public roadway were centered within the
site, for example, this would "push" the lots either into the drainage easement (which would
not be permitted as a condition of the easement) or south to such a point that the lot sizes, in
combination with the alleys, may not be desirable building lots. The development could be
built without alleys, with no rear loading garages and a straight linear roadway with a cul-de-
sac, yet the desired character of the development would be diminished. While this alone does
not justify the need for a private street, it is a matter for consideration in the character of the
entire site rather than a focus on one individual aspect of the development.
As was briefly mentioned previously, the houses in this development will have rear entry
garages accessed by a 20-foot wide paved private alleyway that travels along the rear of the
lots. 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. However,
the alleys may be considered the same as a private street with regard to intent (to provide
access) and differ only on function (the streets act as the main thoroughfare within the
development while the alleys act as access to each individual garage). Both the streets and
alleys would have the same conditions of development such as the requirement to provide
reciprocal ingress and egress and a plan for the repair and maintenance of the private streets
and alleys. The Planning and Zoning Commission and the City Council may find that upon
designating on the final plat that the private streets and alleys are to be common to all residents
of the Paddy Row development 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, the streets
and alleys may be considered a valuable asset to the design of this development.
.
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 delineated easements on the common side lot lines
which are 6-feet in width (3-feet on either side of the line) while easements located on the
front and rear lot lines are not clearly identified. Generally, the majority of utility connections
are made through either the front or rear of the property, with minimal access needed for the
side lot lines, other than the occasional cable or telephone service. Further, the ordinance is
silent concerning easements within the CBD zoning district, or presumably, the intent is to
have the easements located on the front and rear lot lines since the side lot line setbacks are
permitted, or in some instances required, to be O-feet. Staff recommends that the utility
easements on the side lot lines be reduced to 3-feet on either side of the lot line, with a
provision allowing for access for the maintenance of the landscaping and exterior walls of the
dwellings. Second, I2-foot wide utility easements along the front and rear lot lines should be
clearly noted on the final plat.
Lot 1, Block 1, is a common lot which not only provides an area for proposed pedestrian uses
such as plaza areas, it also includes the front yard amenities for the dwellings abutting 2nd
Street. However, access for the dwellings is technically blocked since the common lot is
located between the dwellings and the public right-of-way. The applicant should place a note
on the plat providing for the reciprocal ingress and egress of pedestrians through Lot 1, Block
1, to access the dwelling units abutting 2nd Street.
.
In conversations with the applicant, staff has been informed that the authority (Drainage
District #2) having jurisdiction over the Eagle Drain abutting the northern and eastern
Page 11 of 23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf.doc
boundaries of this site is not willing to allow any improvements other a fence and a private
road within the easement on the south side of the ditch. In this instance, the goal of the City
would be for this easement area to be improved in a similar fashion to those improvements on
the west side of 2nd Street, between the Eagle Plaza commercial development and the southern
side of the ditch, and consisting of a sidewalk.. landscaping and pedestrian lighting. Given the
difficulty the City has had in the past with regard to improvements within drainage and canal
easements, this does not mean that the improvements cannot be made. While there is no City
plan for the extension of a sidewalk through the ditch easement abutting this site (pedestrian
connections can be accommodated with the future extension of Plaza Drive south of this site),
the City may still consider that a minimum amount of landscape improvements should be
located within the ditch easement area to provide a visual amenity.
.
The applicant has requested a waiver from the requirements of a pressurized irrigation system,
not from the installation of the system, but rather from the use of irrigation water, since no
water rights for irrigation water are apparent on the site. A letter from the eagle Water
Company (attached) states that water service will be provided to the site, including for the
used of irrigation. Staff will defer to the City Council regarding the use of a central water
service provider for a pressurized irrigation system to serve all lots in the development in lieu
of utilizing irrigation water, since no water rights are apparent on the site.
.
Through negotiations between the City, the Ada County Highway District and the property
owner to the south, the ACHD recently purchased the parcel to the south of this site for the
future extension of Plaza Street. Upon the construction of Plaza Street, a remnant parcel of
land will be created (approximately 41-feet wide and running the length of the southern
boundary of this site) with improvements such as landscaping, or even the feasibility to be
used as a commercial or other type of use, left uncertain at this point in time. The applicant
has visited the possibility of purchasing this future remnant parcel, but concluded the parcel
would not benefit this development, nor would it be certain the developer could obtain the
property since the sale of public property is required to be open to all interested parties through
an auction system. Further, without a design in place for the roadway improvements, the exact
dimensions of the remnant parcel, and thus the feasibility of further development, can only be
estimated at this time. As a statement of information, the point to be made here is that without
any plans in place for the Plaza Street extension, and because the developer of this subject site
does not directly abut the portion of the property that would be constructed as Plaza Street, a
remnant parcel will most likely be created which will become a "no man's land" for an
indefinite period of time, without a clearly defined purpose other than a hope that it can be
developed as a use allowed for within the CBD.
STAFF RECOMMENDATION PROVIDED WITIDN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 16,
2003, at which time the item was continued to July 14,2003, and subsequently to August 18,2003, 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
Page 12 of23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf.doc
by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(1) individual (not including the applicant/representative) who described the methodology in
calculating homeowner's association reserves used for the maintenance of common areas and private
roadways, and that this developer has been highly responsive to resident's concerns I similar
developments.
COMMISSION DECISION:
The Commission voted 3 to 1 (Crook against, Deckers absent) to recommend approval ofCU-4-03
& PP-2-03 for a conditional use permit and preliminary plat for Paddy Row Subdivision with the
following staff recommended site specific conditions of approval and standard conditions of
approval with strike through text to be deleted by the Commission and underline text to be added
by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Comply with all site specific conditions provided within the City's Engineering firm's (Holladay
Engineering) letter date stamped by the City on August 13, 2003.
2.
Single-family dwelling units are permitted with the approval of this conditional use permit.
3.
Comply with all requirements of the Eagle Fire Department as shown in the letter date stamped by the
City on May 15,2003.
4.
Comply with FPDP-4-03 and V -2-03
5.
The existing shed(s) and dwelling unit shall be removed from the site prior to the City Clerk signing
the final plat.
6.
If the Council approves the private streets and alleys, provide a note on the plat that states there shall
be no parking allowed within the 20-foot wide alleyways and on one side of the streets (Lot 1, Block
4). Provide a statement in the CC&R's that prohibits parking within the 20-foot wide alleyways and
on one side of the streets. "No Parking" signs shall be posted and plans showing the location of the
signs shall be reviewed by the City, prior to the issuance of any building permits.
7.
If the Council approves the private streets and alleys, 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 Lot 1, Block 4, and that the perpetual easement shall run with the land.
8.
If the Council approves the private streets and alleys, 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 alleys.
The CC&R's shall be reviewed and approved by the City Engineer prior to the City Clerk signing the
final plat.
9.
If the Council approves the private streets and alleys, provide a note on the plat that states that the
restrictive covenant for maintenance of the private streets and alleys cannot be modified and the
homeowners' association cannot be dissolved without the express consent of the City. The plat note
shall reference Eagle City Code Section 9-3-2-5 (C)(1-4) for the provisions to be followed regarding
the access and maintenance of the paved access easements.
Page 13 of 23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf.doc
10. If the Council approves the private streets, the streets shall be named with the tenn "Lane", in lieu of
the tenn "street".
11. If approved by the City Council, the applicant is permitted to use potable water for the subdivision's
pressurized irrigation system; the applicant shall provide construction drawings showing service to
each lot for review and approval by the City Engineer, and the Eagle Water Company. The system
shall be designed to meet all standards as required by the City Engineer, and are to be reviewed and
approved by the City Engineer, prior to the City approving a final plat.
12. Any overhead utilities serving or adjacent to the site the site shall be located underground.
13. Add a note to the final plat delineating front and rear utility easements abutting each building lot
vlidths to be Ii miRiffiWH of 12 feet \yide.
14. Add a note to the final plat designating the six-foot (6') wide utility easement centered on the side lot
line (three-feet (3') on either side of the line) to include a provision for access to the side yard for the
maintenance of landscaping and the exterior dwelling unit walls.
15. Add a note to the final plat stating that homeowners have the perpetual right of pedestrian ingress and
egress over Lot 1, Block 1, to provide access from the public right-of-way to the front door of the
dwellings abutting 2nd Street.
16. The applicant shall submit a design review application showing proposed subdivision signage and a
landscape plan showing perimeter fencing (if proposed), street trees, and common area landscaping
within this site for review and approval by the Design Review Board prior to City approval of a final
plat.
17. 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 alley (to provide variety
between the houses) for review and approval by the Design Review Board prior to City approval of a
final plat.
18. Provide a letter from Drainage District No.2 allowing any proposed discharge of stonn water and
drainage into the Eagle Drain ditch, prior to the City approving the final plat.
19. The applicant shall coordinate with Drainage District No.2 regarding landscape improvements with
the Eagle Drain ditch easement abutting the northern and eastern boundaries of this property. Plans
detailing the improvements within the ditch shall be submitted for review and approval by the Design
Review Board prior to City approval of a final plat.
20. The applicant shall provide a clause within the CC&R'S explaining all restrictions associated with the
Eagle Drain easement, including items such as maintenance procedures and the right for Drainage
District No.2 to access the easement through this site.
21, The applicant shall submit a design review application with a streetscape plan showing the
improvements to 2nd Street to include a ten foot (10') eight-foot (8') wide sidewalk with vertical curb,
street trees and historic street lights. Plaza area and landscaping details within Lot 1, Block 1,
(abutting 2nd Street) are to be included in the plan. The revised streetscape plan shall be reviewed and
approved by the Design Review Board prior to City approval of the final plat.
Page 14 of23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf.doc
22. The developer shall provide 3 inek miRitmlfR appropriately sized caliper shade-class trees as
determined by the City Forester aløflg beth sides ef all stfeets \yitmR this de'¡eløpment (a landscape
plan shall be submitted for review and approval by the Design Review Board). When located in a
planting strip, +!rees shall be placed at the front of each lot generally at each side property line, or as
approved by the Design Review Board. The trees shall be located in a 5-foot wide landscape strip
between a 1'§'-foot wide concrete sidewalk and the back of curb abutting all ffiterior streets the south
side of Rio Bonito Street. Trees shall also be located in the 5-foot wide landscape area located south
of the curb abutting the south side of Tranquil Street (as shown on the concept plan date stamped by
the City on May L 2003). 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 lanèseape 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.
23. Provide detailed elevations of any structures proposed to house the irrigation pump. The detailed
elevations, colors and materials shall be reviewed and approved by the Design Review Board prior to
the City Clerk signing the final plat.
24. All healthy trees (as determined by the City Forester) that are to be preserved and integrated into the
open space (those areas not under the direct control of Drainage District No.2) for the development
shall be shown on a landscape plan and submitted for Design Review Board approval prior to the
submittal of a final plat.
25. The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site. No activity whatsoever shall take place within the drip line of the trees.
26. Revise Note No.6 on the final plat to reference a central sewer system rather than a municipal or
"city" system.
27. Useable amenities such as, picnic tables, covered shelters, benches, playground equipment, gazebos,
and/or similar amenities as determined by the City Council shall be provided within the open space
areas. Any amenity that may attract children to the drainage ditch will not be considered. Landscape
plans showing open space amenities shall be reviewed and approved by the Design Review Board,
prior to the City approving a final plat.
28. The entire Paddy Row Subdivision shall remain under the control of one Homeowners Association.
29. The applicant shall place a note on the final plat that all common lots are to be owned and maintained
by the Paddy Row Homeowner's Association. The applicant shall provide a copy of the CC&Rs
which include a similar statement regarding the common lots for review and approval, prior to the City
Clerk signing the final plat.
30. 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 roadway or alleyway. The
parking of automobiles is prohibited within the alleys. 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.
31. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Page 15 of 23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf.doc
Zoning Administrator prior to the submittal of a final plat. The plans shall show how the streetlights
will facilitate the "Dark Sky" concept of lighting.
32. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has perfonned an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
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.
6.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.c.C. 9-20-8.4)
7.
All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8.
Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to pennit 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 ofthe construction drawing(s) shall be submitted with the letter.
Page 16 of23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf.doc
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.
12.
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.
b.
c.
Page 17 of 23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf.doc
15.
20.
21.
22.
23.
d.
The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
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 by the
Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
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
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.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corp 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 Corp of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
Page 18 of 23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf.doc
25.
26.
27.
28.
29.
plat.
Basements in homes in the flood plain are prohibited.
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.
Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
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
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 July 3, 2003.
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 July 29, 2003. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on July 23, 2003. Requests for agencies' reviews were
Page 19 of23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf.doc
transmitted on July 8, 2003, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-2-03) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the approved zoning designation of CBD
(Central Business District.
b. Will be harmonious with and in accordance with the general objectives of title 9 of the Eagle
City Code since the development is consistent with the Comprehensive Plan and provides the
required improvements for a subdivision; and
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use
will not change the essential character of the same area since this development has been
proposed to incorporate design elements consistent with a downtown appearance such as
narrow setbacks, home ITonts abutting the sidewalk, plaza areas; and
d. Will not create excessive additional requirements at public cost for facilities and services as
the site will be served with central sewer ITom the Eagle Sewer District and will use public
water to be served ITom Eagle Water Company. Fire protection will be available ITom the
Eagle Fire District and fire hydrants will be provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference with
traffic on surrounding public thoroughfares since the project is required to be reviewed and
approved the Ada County Highway District and is subject to the conditions herein;
f. This development is in continuity with the capital improvement program since any required
public improvements are to be constructed as required and conditioned herein; and
g. That based upon agency verification and additional written comments of the Eagle Fire
Department and the Ada County Highway District, or as conditioned herein, there is adequate
public financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of the
preliminary plat and subsequent final plat approval as set forth within the conditions of
approval above.
4. The Commission has reviewed the particular facts and circumstances of this proposed conditional use
(CU-4-03) and, in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval
of a conditional use), has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City
Code Title 8 since single-family dwellings require the approval of a conditional use permit
in the CBD zoning district;
Page 20 of 23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf.doc
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8)
since there are no inconsistencies with the Comprehensive Plan and since the development
will be required to meet conditions of a design review application;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area since the single-family
dwellings are proposed to be constructed with design elements that are typical of a
downtown area (i.e. narrow setbacks, home fronts abutting the sidewalk, plaza areas);
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the site
is currently being used for a residence, and single-family dwellings typically are not
disruptive to commercial uses (which are dominant in the area) and may be considered as
a necessity to support the commercial operations;
E. 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; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services as noted in responses received by agencies
providing the public services or as represented by the applicant.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community since the
developer will be required to make improvements to the site and associated facilities at the
developer's expense;
G. Will not involve uses, activities, processes, materials, equipment and 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;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares since the site is required to
meet all Ada County Highway District standards for design and construction regarding
access; and
I.
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance since none are apparent on this site.
5. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the
Commission has determined that:
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 the private street
will serve to enhance the overall development. The following reasons support the above noted
finding:
Because this development is bound by the Northside Eagle Drain and associated easement to the
north and the east, a private road is conducive to providing a unique housing opportunity within
the Central Business District. While a public right-of-way cannot be located within the drain ditch
easement and could be located elsewhere on the site, the development would most likely not be
constructed as proposed since the intended character of the development would be altered. Since
Page 21 of 23
K:\Planning Dept\Eagle Applieations\SUBS\2003\Paddy Row Sub ell pp pzf.doc
a private roadway and alley system could be located with the easement, this would allow flexibility
in the location of the building lots and the ability to use the site more efficiently, rather than the
land within the easement to remaining bare with only minimal landscaping improvements (and no
structures) allowed;
2. The private street within the subdivision provide safe and effective movement of both vehicular
and pedestrian traffic because of the following:
The roadways and alleys are designed to be non-continuous, thereby limiting the number of
vehicles using the roadways; and because these roads are serving only 24 lots, the number of
vehicles and pedestrians using the roadways is limited;
3. The private street provides adequate access for service and emergency vehicles:
The Eagle Fire District will be required to approve the design of the roadways, and since the
intersections within the development have been designed with wide enough comers 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 street will not adversely affect access to adjacent properties since access to the north
and east of the site is hindered due to the drainage ditch and the property to the south is currently
owned by the Ada County Highway District to be constructed in the future as a public roadway,
and since it does not take away existing public street access to surrounding properties;
5. The private streets will not landlock adjacent property due to topography or parcel layout as shown
on the proposed plan, and since all adjacent properties currently have access to public roadways;
6. The private streets within the subdivision do not connect one public street to another;
7. The use or alignment of the private streets within the subdivision do not interfere with the
continuity of public streets as noted above; and
8. An appropriate mechanism will be established for the repair and maintenance of the private street,
including provisions for the funding thereof, within the required CC&R's for the subdivision and
with any necessary notes to be provided on the final plat, all to be reviewed by the City Engineer
and City Attorney prior to City approval of the final plat.
6. The dissenting opinion of the Commission felt that the proposed density, the restrictions on the property
due to the ditch and easement, the deviation from Eagle City Code (four-foot wide sidewalks in lieu of
5-foot wide), and a variance from requirements associated with the flood control ordinance
cumulatively make this development undesirable. While the concept of the development is desirable,
the location may not be appropriate since all of the aforementioned circumstances must occur to
facilitate the development on this particular parcel; the development should accommodate the
challenges of the land rather than the land accommodate the challenges of the development.
Page 22 of 23
K:\Planning Dept\Eagle Applications\SUBS\2003\Paddy Row Sub cu pp pzf.doc
DATED this 2nd day of September 2003.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
~.X-¿¡~
Cheryl Bloom, Vice Chairman
ATTEST:
-1R ~. ~ ?!lCJ<J-H.
Sharon K. Moore, Eagle City lerk -
,"""""'1
"" ~ÅGL "'"
...' <1 ¡;. lJ',
...'" 0," ....... "
.." .. .. #.
! ~~... O,:,ATfi... "" \
.. ~. .., .-
.. ..... 4;-" . ~
:Ulo '" -~ :
: : u..' ~-~ 0 :
. . "', ~,\,._" ..
: ~ -C',t" [: -'7:; E
~.... c:')Y ~ ,."
- '? ..~v" ~,','- ,~
~ ..Cor.r\'--' ,...'
,#. .....,;..~v .(","\. .."
~#. J'.... . C' '> ,,"
#., "A1' ,. -' ,,"
," ..... ",
",....."",
Page 23 of 23
K:\Planning Dept\Eagle Applieations\SUBS\2003\Paddy Row Sub eu pp pzf.doe