Findings - CC - 2016 - RZ-6-03/CU-10-03/PPUD-3-03/PP-6-03 - Rz C2 To Mup/Cu/17.43 Acre/89 Lot/988 State St.
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A REZONE FROM C-2 (GENERAL BUSINESS
DISTRICT) TO MU-P (MIXED USE PUD), A
CONDITIONAL USE PERMIT, A PRELIMINARY
DEVELOPMENT PLAN, AND A PRELIMINARY
PLA T FOR WINDING CREEK PLANNED UNIT
DEVELOPMENT FOR SALMON POINT
DEVELOPMENT LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-6-03/CU-I0-03/PPUD-3-03/PP-6-03
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The above-entitled rezone, conditional use permit, preliminary development plan, and preliminary plat
applications came before the Eagle City Council for their action on December 16, 2003. The Eagle City
Council having heard and taken oral and written testimony, and having duly considered the matter, makes
the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
PROJECT SUMMARY:
Salmon Point Development LLC, represented by Ron Bath, is requesting a rezone from C-
2 (General Business District) to MU-P (Mixed Use PUD) and conditional use permit,
preliminary development plan, and preliminary plat approvals for Winding Creek
Subdivision, a residentiaUcommercial planned unit development. A 17.43-acre portion of
the development consists of an 89-lot (59-residential, 17 -commercial, 13-common)
subdivision, with the remaining 3.93-acres (Lot 1, Block 3) to be subdivided at a later
date. The site is located on the north side of State Street approximately 1O0-feet east of
Palmetto A venue at 988 State Street.
A.
B.
APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on September 4, 2003.
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 September 30, 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 September 24, 2003. Requests for agencies' reviews were transmitted on
September 5, 2003, in accordance with the requirements of the Eagle City Code.
c.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on November 25, 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 November 19,
2003.
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D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 9, 2001, a preliminary plat (PP-l2-00) was approved by the City Council for
Trolley Square, a 27-acre commercial subdivision. Conditions of approval for the
previous preliminary plat required the dedication of public rights-of-way for the Hill Road
extension (north of State Street) and Academy Street (west of the terminus of Academy
Way to the Hill Road extension). Although the approval of the preliminary plat expired
on January 9, 2002, (since a final plat was not submitted for the development) the
dedication of the street right-of-ways was completed, resulting in the creation of three
separate parcels.
On January 9, 2001, the Eagle City Council approved a conditional use permit for a
shopping center (CU-l2-00) for this site.
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA nON
Existing Commercial C-2 (General Business Vacant
District)
Proposed No Change MU-P (Mixed Use PUD) PUD Commercial/
Residential Development
North of site Residential Four (up to 4- R-4 (Residential) & A Residential Subdivision &
units per acre max.) & (Agricultural) Pasture
Mixed Use
South of site Mixed Use MU (Mixed Use) Rocky Mountain Business
Park
East of site Commercial and C-l (Neighborhood Academy Commercial
Public/Semi-Public Business District) & PS Subdivision & Eagle
(Public/Semi-Public) Academy School
West of site Commercial C-2 (General Business Eagle Sewer District
District) Building & Veterinary
Clinic
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G.
SITE DATA:
Total Acreage of Site - 17.43
Total Number of Lots - 90
Residential - 59
Commercial - 17
Industrial - 0
Common - 13
Total Number of Units - 59
Single-family - 59
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 3.93 (while not considered an out parcel, this acreage is to be
re-subdivided at a later date)
Additional Proposed Required
Site Data
Dwelling Units 6.14* 20-units per acre (maximum) in the MU zoning district
Per Gross Acre
Minimum Lot 2,432 sq. ft. 7,000 sq. ft. (minimum) in the MU zoning district
Size (residential) Except that a decrease of minimum lot size in a subdivision may
7,730 sq. ft. be allowed if there is an offsetting increase of the same square-
(commercial) footage in open space and a planned unit development is applied
for and approved) - per ECC Section 8-2-4 (G).
Minimum Lot 32-feet 50-feet in the MU zoning district
Width
Minimum 32-feet O-feet (required only in residential zoning districts)
Street Frontage
Total Acreage 2.22-acres* 5.37-acres (minimum)*
of Common (excluding the .96-acres for 10% minimum plus 4.4I-acres for lots smaller than
Lots (open ditch easement - the minimum (7,000 SF) - per ECC Section 8-2-4 (G)
space) .83-acres) 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 23%* 56% (minimum - see above)*
as Common Except that, according to ECC Section 9-3-8 (C) the City may
Area (open require additional public and/or private park or open space
space) facilities in PUDs or in subdivisions with 50 or more lots.
* Designates data based on the exclusion of the commercial portion of the development and Lot I,
Block 3, which is to be re-subdivided at a later date. The density calculation is based on the
residential portion only, consisting of 9.61-acres (total acreage of building lots, common lots,
and private road). See item No. 12 on page 31 of this document for explanation of the provision
for open space.
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.
Special setbacks for the residential lots within the development:
Proposed
Front
Rear (abutting alley)
Interior Side
Street Side
Two-story dwelling
10 feet
10 feet
5 feet
5 feet
5 feet
Standard for MU zone
Front 20 feet
Rear 20 feet
Interior Side 7.5 feet
Street Side 20 feet
Additional 5 feet for multistory
.
Special setbacks for the commercial lots within the development:
Proposed
Front
Rear
Interior Side
Street Side
10 feet
10 feet
7.5 feet
5 feet
H.
GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Standard for MU zone
Front 20 feet
Rear 20 feet
Interior Side 7.5 feet
Street Side 20 feet
Eagle City Code Section 9-3- 7(a) requires 20-foot wide landscape strips to screen adjacent
incompatible features such as highways, railroads, commercial or industrial uses from
proposed residential properties.
The applicant proposes a total of 23% of common area (56% required - see site data
above), which consists of small "pocket" parks located throughout the residential portion
of the site (this figure does not include the drainage easement area). Each park will cater
to different activities, including a community garden, tot lot and a putting green. In
addition, open space is located in an area between the front entryways of the majority of
the dwelling units, lending the opportunity for residents to be involved in face-to-face
interaction rather than greeting each other through their windshields.
While not included in the open space calculations, the applicant will landscape the drain
ditch easement area (as much as may be feasible due to the restrictions regarding
improvements within said easement) to provide a buffer from Hill Road and enhance the
aesthetics of the area.
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
CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide.
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Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire Department.
On-site Septic System (yes or no) - Not allowed
Preservation of Existing Natural Features:
A drainage ditch courses through the site which has been determined to be a tributary of
the Boise River by the United States Army Corps of Engineers, and as such is guaranteed
certain protections by law. Eagle City Code Section 9-3-8 (B) states that existing natural
features which add value to residential development and enhance the attractiveness of the
community (such as trees, watercourses, historic spots and similar irreplaceable assets)
shall be preserved in the design of the subdivision. The applicant is negotiating with
Drainage District #2 and the Corps to install landscaping within the ditch easement area,
since improvements are limited due to maintenance and plant species concerns.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
I.
STREET DESIGN:
Private or Public Streets: Public and Private
The Hill Road extension (as shown within the 2000 Comprehensive Plan on the
TransportationlPathway Network Map #1 as a collector) is to be constructed with the
development of this parcel. The road design plans, which include traffic medians, are
required to be approved by the Ada County Highway District.
The applicant will construct one public roadway (Winding Creek Road) through the
development (separating the commercial portion from the residential) from the intersection
of Hill Road and Academy A venue to State Street. The roadway is to be constructed as a
40-foot street section within 54-feet of right-of-way, with curb, gutter and concrete
sidewalk.
The applicant will construct a system of private streets and alleys (located within a
common lot) to serve the dwelling units, with the paved portions of the streets and alleys
to be constructed 20-feet wide.
The commercial portion of the development will gain access from Winding Creek Road
and traffic will circulate between the commercial lots via shared parking and drive aisles.
Applicant's Justification for Private Streets:
See applicant's justification letter date stamped by the City on September 4, 2003,
incorporated herein by reference.
Blocks Less Than 500': No
Cul-de-Sac Design:
One private roadway cul-de-sac ("hammerhead" design) is to be constructed within the
residential portion of the subdivision. Eagle Fire Department approval of the turn-around
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is required.
Sidewalks, Curbs and Gutters:
The applicant will construct five-foot (5') wide concrete sidewalks separated from the
back-of-curb by a five-foot (5') wide landscape strip abutting both sides of Winding Creek
Road. A four-foot (4') wide concrete sidewalk separated from the back of the ribbon curb
by a five-foot (5') wide landscape strip is proposed along one side of the private streets
within the residential portion of the site. Five-foot (5') wide sidewalks will be constructed
adjacent to the front entryways to the single-family dwellings.
The applicant will construct five-foot (5') wide concrete sidewalks separated from the
back-of-curb by a five-foot (5') wide landscape strip abutting both sides of Hill Road,
although deviation from this design may be necessary due to the constraints placed on the
drainage ditch abutting the western side of Hill Road. Curb, gutter and a five-foot (5')
wide concrete meandering sidewalk are required to be constructed along State Street
abutting the southern boundary of the site.
Lighting:
Lighting for the proposed 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 "Open Space, Greenbelt Areas and Landscape Screening" under "H" above.
K.
PUBLIC USES PROPOSED: None
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 - no
Fish - not known
Floodplain - 500-year
Floodway - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - Spoil Banks Canal - Drainage District #2
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - no
Wildlife - yes
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N.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
O.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference. Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated October 14, 2003, are of special
concern and are incorporated herein by reference.
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
P.
LETTERS FROM THE PUBLIC: None received to date
Q.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant states in the narrative that the development will be developed in phases,
with an estimated final buildout in 2 years. Construction is anticipated to begin in the
spring of 2004.
R.
EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINAR Y
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.
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7. That the development is provided with parks, ponds, open areas, areas of special interest.
floodplain preservation, and/or other special features which would not typically be provided in
a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cases of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
For a request of up to 10% of the gross land area to be directed to uses other than residential
(i.e.; commercial, industrial, public and quasi public uses that are not allowed in the land use
district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
In cases where an increase in residential density of up to 15% of the allowable number of
dwelling units is requested:
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22. LANDSCAPING - For up to 5%
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of
existing landscape, pedestrian way treatment, and recreational areas, incorporated into this
development, exceed that of a non PUD development.
23. SITING - For up to 5%
That the quality of the designs for visual focal points, use of existing features such as
topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation
pattern, physical environment, variation in building setbacks, and building grouping (such as
clustering), incorporated into this development, exceed that of a non PUD development.
24. DESIGN FEATURES - For up to 5%
That the quality of the designs for street sections, architectural styles, harmonious use of
materials, parking areas broken by landscaping features, and varied use of housing types,
incorporated into the development, exceed that of a non PUD development.
S.
GENERAL STANDARDS FOR APPROVAL OF PRIV ATE STREETS:
Section 9-3-2-5 (A) General Standards: Private streets may be permitted if the Council
determines that the private street is in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings such
that private streets will serve to enhance the overall development;
2. The private street provides safe and effective movement of both vehicular and
pedestrian traffic;
3. The private street provides adequate access for service and emergency vehicles;
4. The private street does not adversely affect access or good transportation planning to
adjacent property and to the area travel networks;
5. The private street does not land lock adjacent property due to topography or parcel
layout;
6. Other than to provide emergency access, the private street does not connect one public
street to another, encouraging travel through the development served by the private
street;
7. The use or alignment of the private street does not interfere with the continuity of
public streets; and
8. An appropriate mechanism has been established for the repair and maintenance of the
private street, including provisions for the funding thereof.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL:
.
The Comprehensive Plan designates this site as Commercial, suitable primarily for the
development of a wide range of commercial activities including offices, retail and service
establishments. Uses should complement uses within the Central Business District (CBD).
The Mixed Use designation, as shown in the Comprehensive Plan, is suitable primarily for a
variety of uses such as limited office, limited commercial, and residential developments. Uses
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should complement uses within the Central Business District (CBD). Development within this
land use designation should be required to proceed through the PUD and/or Development
Agreement process. Residential density of up to twenty dwelling units per gross acre may be
considered by the City for this area.
Chapter 1 - Overview
1.1
City of Eagle Statement of Purpose
d. To ensure that the important environmental features of the City and its Impact Area
are protected and enhanced.
g. To ensure that the development of land is commensurate with the physical
characteristics of the land.
1.3
The City of Eagle Vision Statement
e. an environmentally aware community with distinctive open space, parks and outdoor
recreation;
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
f. New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural identity.
g. Encourage commercial growth adjacent to the Central Business District and
discourage isolated commercial development in outlying areas.
1. Excessively large single entity businesses that would jeopardize the
competitive business environment should be discouraged.
Chapter 6 - Land Use
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.
d. Discourage strip commercial type development.
f. Higher density residential development should be located closest to the Central
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Business District (CBD) as shown on the Comprehensive Plan Land Use
Map.
p. Encourage a variety of housing through such mechanisms as PODs in
subdivisions including large lot subdivisions.
Chapter 8 - Transportation
8.6 - Implementation Strategies
p. Encourage sidewalks that are separated from the curb on all streets, except for
areas where Eagle City Code requires sidewalks to abut the curb and where
existing buildings, inordinate environmental impacts, or other impacts make
setting the sidewalk back infeasible. Meandering sidewalks should be required
where space permits. A planter strip of sufficient width for street trees between
the sidewalk and roadway should be required to provide a canopy effect over
the roadways. The type of street trees used should be those which have root
systems that have proven to not cause sidewalk or curb damage when in close
proximity to such improvements.
Chapter 9 - Parks, Recreation and Open Spaces
9.6
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.
9.6.3
Policies
b.
To encourage cluster development to retain open space.
Chapter 11 - Special Areas and Sites
11.4
Implementation Strategies
a.
Protect and improve natural and man-made waterways.
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Chapter 12 - Community Design
12.2
Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
12.4
Implementation Strategies
k. Encourage the preservation of natural resources such as creeks, drainages,
steep slopes and ridgelines as visual amenities.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-1-2 OPEN SPACE:
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
.
ECC Section 8-2-4 (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) (a) 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
berminglfencing. The required buffer area width, plantings, and fencing are as follows:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (l00) linear feet of right of way: four
(4) shade trees, five (5) evergreen 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
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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 thirty five foot (35') 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:
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 8-6-5-2 (B) DEDICATION OF LAND FOR PUBLIC USE:
A required amount of common open space land reserved under a PUD shall either be held
in corporate ownership by owners of the project area for the use of each owner who buys
property within the development or be dedicated to the public and retained as common
open space for parks, recreation and related uses. Public utility and similar easements and
right of way for watercourses and other similar channels are not acceptable for common
open space dedication unless such land or right of way is usable as a trail or other similar
purpose and approved by the council.
.
ECC Section 8-6-5-5 ARRANGEMENT OF COMMERCIAL USES:
When PUDs include commercial uses, commercial buildings and establishments shall be
planned as groups having common parking areas and common ingress and egress points in
order to reduce the number of potential accident locations at intersections. Planting
screens or fences shall be provided on the perimeter of the commercial areas abutting
residential areas.
The plan of the project shall provide for the integrated and harmonious design of
buildings, and for adequate and properly arranged facilities for internal traffic circulation,
landscaping and such other features and facilities as may be necessary to make the project
attractive and efficient from the standpoint of the adjoining and surrounding
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noncommercial areas.
All areas designed for future expansion or not intended for immediate improvement or
development shall be landscaped or otherwise maintained in a neat and orderly manner.
.
ECC Section 8-7-3-1 (A) PURPOSE AND INTERPRETATION OF CONDITIONAL USE:
It is recognized that an increasing number of new kinds of uses are appearing daily, and
that many of these and some other more conventional uses possess characteristics of such
unique and special nature relative to location, design, size, method of operation,
circulation and public facilities that each specific use must be considered individually.
.
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.
C. SUBDIVISION ORDINANCE PROVISIONS
REGARDING TillS PROPOSAL:
WHICH
OF
CONCERN
SPECIAL
ARE
.
ECC Section 9-3-2-1 (C) Stub streets:
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, and shall have a cul-de-sac or
temporary cul-de-sac. A reserve street may be required and held in public ownership.
.
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 (B)(5) states in part:
All private streets shall originate in a public right of way and terminate in a public right of
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way.
.
ECC Section 9-3-8 (B) Natural Features:
Existing natural features which add value to residential development and enhance the
attractiveness of the community (such as trees, watercourses, historic spots and similar
irreplaceable assets) shall be preserved in the design of the subdivision.
.
ECC Section 9-5-4-3 (C) Storage Areas:
Storage areas shall be provided for the anticipated needs of boats, campers and trailers.
For typical residential development, one adequate space shall be provided for every two
(2) living units. This may be reduced by the City Council if there is a showing that the
needs of a particular development are less.
.
ECC Section 9-5-4-3 (E) Maintenance Building:
A maintenance building shall be provided of such size and in such location as is suitable
for the service needs that are necessary for the repair and maintenance of all common
areas.
D. DISCUSSION:
.
The 2000 City of Eagle Comprehensive Plan's Land Use Map designates this site as Commercial,
with a current zoning designation of C-2 (General Business District). The applicant seeks to
rezone the subject property to MU-P (Mixed Use with PUD) in order to construct a
residential/commercial development. The MU and C-2 zoning districts are defined similarly in
both the comprehensive plan and Eagle City Code with language promoting land uses that
complement those uses in the (CBD) Central Business District.
Staff recommends that a rezone of the property from C-2 to MU-P is appropriate given that the
proposed development does not intensify the use of the site since the commercial uses allowed
within the MU zoning district are generally the same as those uses within the C-2 zone (such as
office, limited retail), and because residential uses do not promote as great an amount of activity
(higher traffic volumes, increased noise) as commercial uses. In addition, the residential portion of
this development would serve as a good transition between the commercial uses and roadways to
the south and the single-family residential uses to the north.
.
The applicant is proposing to construct a development consisting of narrow lots to accommodate a
neighborhood of houses somewhat reminiscent of an older style city block 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 entry of the
houses are located near a landscaped common area which provides the opportunity for residents to
interact in a sociable locale rather than greeting each other in an uncomfortable roadway setting.
In addition, this design will accommodate a rear yard garage accessed by a private alley. 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 divide the residential lots into sizes ranging from 2,432 s.f. to 4,763
s.f., which are reduced in size from the required minimum area of 7,000 s.f. for the MU zoning
district (a number of the lots are larger than 7,000 s.f.). 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. This PUD, as
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proposed, has been designed in a manner which provides only a portion of the required amount of
the offsetting increase of square footage within the open space. The applicant proposes a total of
23% of common area (56% required), consisting of central green spaces located between the front
entryways of the homes, and small "pocket" parks located through the residential portion of the
site (this figure does not include the drainage easement area). Each park has been designed to
cater to different activities, including a community garden, tot lot and a putting green.
Eagle City Code Section 8-1-2 states in part that open space is intended to be a "useahle and
convenient amenity". And further, the 2000 Eagle City Comprehensive Plan states in chapter
nine, "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". With this proposed development, it may be considered that the
quality of the open space is more important than the quantity; a fixed percentage of open space
does not necessarily mean that a desirable and usable open space is provided. As noted within the
applicant's justification letter, the development has been designed with the approach "that location
(placement relative to lots), usability, quality of material, amenities and varied recreation
opportunity, when combined properly, will provide for a greater experience and livability than just
size alone". Other factors that may be considered include the density of the development, which at
approximately six (6) du/a is well below the twenty (20) du/a permitted with the MU zoning
district. The point here is that there is not such an overcrowding of land with structures that there
is little or no open space left for recreation. And further, the developer is able to incorporate the
drainage ditch, which may be considered a hindrance to development (since the ditch easement
restricts the type of improvements located within said easement), and will utilize the area as a
landscaped amenity, that is, a visual open space. Staff recommends that, given the attempt to
provide a unique, varied and appealing development, consideration be given to the quality of the
proposed open space as the more important factor rather than the quantity of open space provided.
.
With regard to lot width, the applicant has shown certain lots with widths decreased from the
minimum fifty feet (50') to approximately thirty-two feet (32'). It may be considered that this is
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,
such as 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 which is provided for in the design
proposed for this development.
.
The applicant has requested the following setbacks for the residential portion within this
development: 10' -front, 10' -rear, 5' -side, and 5' -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, rear and 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 five-foot (5') street
side setback may also contribute to the aforementioned attributes, to allow the reduction of fifteen-
feet (15') from the standard twenty-feet (20') may be less than desirable. The cause for the
increased street side setback from that of a standard side setback is to provide a greater buffer area
between the dwelling and the traffic on the adjacent street. Staff recommends that a ten-foot (10')
wide street side setback is sufficient, since the majority of the dwellings requiring a street side
setback have the advantage of being located adjacent to a common lot abutting the roadway.
which, when added to the street side setback, achieves a buffer area with a width generally in the
twenty-foot range.
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Staff proposes the following setbacks for the residential portion of the development to be
considered by the Commission and Council:
Front
Rear
Interior Side
Street Side
10 feet
10 feet
5 feet (or as approved by the Council)
10 feet
.
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map # 1 of 2 shows
the extension of Hill Road traveling through this site, from Edgewood Lane to State Street in
alignment with Plaza Drive. The approval for the preliminary plat for Trolley Square (PP-12-00)
included the requirement for the dedication of public rights-of-way for the Hill Road extension and
Academy Street (west of the terminus of Academy Way to the Hill Road extension). Although the
Trolley Square preliminary plat has expired (since a final plat was not submitted for the
development) the dedication of the street right-of-ways has been completed. In the fall of 200 I.
following construction plan approval by the Ada County Highway District and Drainage District
No.2, the construction of the Hill Road extension and tiling of the drainage ditch was commenced.
A subsequent inspection by the Army Corps of Engineers determined that the drain ditch was a
"waters of the United States" and therefore subject to certain requirements under the Clean Water
Act. The ditch was not allowed to be tiled but permitted to be altered from its original course in
order to accommodate the alignment of Hill Road.
In light of these circumstances, the applicant has designed the roadways in a slightly different
configuration from that which the City has previously reviewed. The current plans now call for
the drainage ditch to remain open, and will be landscaped to the limits as allowed by the Corp of
Engineers and Drainage District No.2. Also, the large traffic circle (roundabout) has been
eliminated due to the constraints of the ditch alignment and other development concerns.
However, the applicant has proposed landscaped median strips within Hill Road to help
compensate for the landscaping that would have been incorporated within the roundabout, as well
as to meet a goal of the City to have a center tree strip on Hill Road between State Street and State
Highway 55. Staff recommends that a third island be located on the north side of the intersection
of Hill Road and Winding Creek Road to provide symmetry as well as aid in continuing the City's
desired goal of a center tree strip on Hill Road.
.
The applicant has proposed to construct a system of private roadways and alleys to access the lots
within the residential portion of the subdivision which extend from Winding Creek Road. a public
street connection between Hill Road and State Street.
While the site is not precluded from providing a system of public roads accessing the site. the
development would most likely not be constructed as proposed since the intended character of the
development would be altered. Further, the development could be built without alleys and no rear
loading garages, yet the desired character of the development again 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. Staff
will defer to the Planning and Zoning Commission and the City Council regarding the approval of
the private streets and alleys.
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
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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 Winding Creek development for the purposes of
cross access, and with provisions within the CC&Rs 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.
.
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 should be
submitted which states that water service will be provided to the site, including for the use 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.
.
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. Typically, the applicant requests to deviate from this ordinance and requires that
an outside contractor be hired by the homeowner's association to maintain and service the
common areas. If the Council determines that an outside maintenance contractor is more
appropriate than an on-site maintenance building, the applicant should provide a copy of the
CC&Rs for review which define the guidelines for the contracting of an outside maintenance firm.
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.
ECC Section 9-5-4-3 (C) requires that storage areas be provided for the anticipated needs of boats,
campers, and trailers. Typically, the applicant requests to deviate from this ordinance and requires
that the CC&Rs specify that the storage of boats, campers, and trailers are to be in an enclosed
building. The applicant should provide more detail as to where the enclosed building is to be
located, i.e. upon each individual lot or in a central common area. If the Council determines that
individual lot storage is more appropriate than a common storage facility, the applicant should
provide a copy of the CC&Rs for review which define the proper storage of the boats, campers and
trailers. If a common storage area is required, then the applicant should be required to obtain
design review approval and should construct the storage area prior to City Clerk signing the final
plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
annexation, rezone, conditional use permit, preliminary development plan, and preliminary plat
applications with the site specific conditions of approval and standard conditions of approval
provided within the staff report.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
November 3, 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
by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by two
(2) individuals (other than the applicant/representative) who felt this project is a good opportunity to
provide housing in the $200,000 to $250,000 range, the project would be enjoyable to those who live
there, the need for more residential uses downtown, the belief that commercial will not extend farther
north of this property, and there is a need for smaller parcels for business owners to purchase.
D. Oral testimony neither in favor of nor in opposition to this proposal was presented to the Planning and
Zoning Commission by one (1) individual who questioned whether a fence would be installed along
the northern boundary of the development.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of RZ-6-03/CU-1O-03/PPUD-3-03/PP-6-03
for a rezone, conditional use permit, preliminary development plan, and preliminary plat for
Winding Creek planned unit development with the site specific conditions of approval and
standard conditions of approval shown within their Findings of Fact and Conclusions of Law
document, dated November 24,2003.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on December 16, 2003, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative) .
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the City Council
by two (2) individuals with concerns regarding the need to enforce the prohibition on vehicular
parking within the alleyways to provide adequate space for garbage trucks to maneuver through the
development, and the need for the alleyways to remain clear for vehicle travel during inclement
weather.
COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve RZ-6-03/CU-I0-03/PPUD-3-03/PP-6-03
for a rezone. conditional use permit, preliminary development plan, and preliminary plat for
Winding Creek planned unit development with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval with
underline text to be added by the Council and strikethrough text to be deleted by the Council:
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SITE SPECIFIC CONDITIONS OF APPROV AL:
1.
Comply with all site specific recommendations provided within the City's Engineering firm's
(Holladay Engineering) letter dated October 14, 2003.
2.
Comply with all conditions of the October 16, 2003 Ada County Highway District report, including
but not limited to the construction of Hill Road from State Street to the northern property line and
Winding Creek Road from the western terminus of Academy A venue to Hill Road. The Hill Road
street section shall include the construction of vertical curb, gutter and 5-foot wide concrete sidewalk
separated from the back of curb by a 5-foot wide landscape strip. The Hill Road extension and
Winding Creek Road shall be constructed and said construction approved by the Ada County
Highway District prior to the issuance of any building permits.
3.
The applicant shall provide documentation stating that all requirements of the Army Corp of
Engineers (including items such as a 404 permit) and the Idaho Department of Lands have been
complied with, or are conditions of compliance, regarding any alteration and landscaping of the ditch
abutting the Hill Road extension.
4.
Construct curb, gutter and a meandering five-foot (5') wide concrete sidewalk along State Street east
of the Hill Road extension abutting this site, prior to the issuance of any building permits for the site.
Construction drawings, which comply with all requirements of the Ada County Highway District,
shall be reviewed and approved prior to the commencement of construction.
5.
The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along the side of the private street opposite the rear entry
garages, and along the northern side of the northerly private street adjacent to Lots 7-25, Block 1.
Trees shall be placed on both sides of the street abutting the hammerhead turnaround located in the
northeastern comer of the site. Trees shall be placed at the front of each lot on the side lot lines. or as
approved by the Design Review Board. The trees shall be located in the 5-foot wide landscape strip
between the concrete sidewalk and the curb. Prior to the City Clerk signing the final plat, the
applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of
credit for 150% of the cost of the installation of all landscape and irrigation improvements within the
5-foot wide landscape strip. Trees shall be installed prior to obtaining any occupancy permits for the
homes. A temporary occupancy may be issued if weather does not permit landscaping.
6.
The street configuration shall remain substantially as shown on the preliminary plat as shown on the
plan date stamped by the City on October 9,2003.
7.
The applicant shall provide a letter from the Eagle Fire Department approving the hammerhead design
as an adequate turnaround for emergency vehicles, prior to the submittal of a final development plan
and final plat application.
8.
The applicant shall comply with all applicable Eagle Sewer District regulations and conditions prior to
approval of any final development plan and final plat for this site.
9.
Revise the plat to delineate the area located north of Lot 69, Block 1, as a part of common Lot 68.
Block 1.
10. Delineate on the construction drawings the installation of a landscape median within Hill Road located
on the north side of the intersection of Hill Road and Winding Creek Road. The median shall be
designed to extend as far north as possible from the intersection to the northern boundary line of the
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development, recognizing that roadway engineering may preclude the construction of the median in a
contiguous manner along the entire length of the roadway (i.e. to allow for left and right turning
movements from Hill Road to abutting properties).
11. If the CoHRøil approves the private streets aRà alleys, ~rrovide 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. Provide a
statement in the CC&Rs 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. The applicant shall install "No
Parking" and "Fire Lane" signs in accordance with the requirements of the Eagle Fire Department
letter date stamped by the City on September 30, 2003. The signs shall be posted prior to the issuance
of any building permits.
12. If the COHReil af)pro'/es the private streets aRà alleys, ~rrovide a note on the plat and within the
CC&Rs that states that each lot owner within the subdivision has the perpetual right of ingress and
egress over Lot 37, Block 1, and that the perpetual easement shall run with the land.
13. If the CoHReil af)proves t.}:¡e private streets aRà alleys, ~rrovide a copy of the Subdivision's CC&Rs
providing a plan and schedule for the future repair and maintenance of the private streets and alleys.
The CC&Rs shall be reviewed and approved by the City Engineer prior to the City Clerk signing the
final plat.
14. If the CøHReil af)flrøves the private streets aRà alleys, ~rrovide 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.
15. If the CoHBeil aflprøves Hie private str-eets aRà alleys, ~Ihe applicant shall submit payment in the
amount of $1,099.20 for review of the private streets and alleys based upon $400.00 (base fee) plus
0.38 cents per lineal foot (1,840-lineal feet of private roads and alleys, proposed within the
subdivision).
16. All private streets (excluding the alleyways) shall be constructed with six-inch (6") vertical curb, with
gutter abutting both sides of the roadway. Construct six-inch (6") vertical curb, with gutter and five-
foot (5') wide concrete sidewalk abutting the side of the private roadways opposite the rear entry
garage doors and along the northern side of the northerly private street adjacent to Lots 7-25, Block 1,
within the development. Plans detailing the roadway improvements shall be submitted for review and
approval by the City Engineer prior to City approval of a final plat.
17. Add a note to the final plat designating a ten-foot (10') wide utility easement centered on the side lot
line (five-feet (5') 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.
18. Add a note to the final plat stating that homeowners have the perpetual right of pedestrian ingress and
egress over Lots 44, 58 and 68, Block 1, to provide access from the public right-of-way to the front
entry ways of the dwellings abutting said common lots.
19. 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
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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.
20. 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 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.
21. 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.
22. Provide an approval letter and an approved license agreement from Drainage District #2 regarding any
drain ditch modifications, prior to issuance of any building permits for the site.
23. The applicant shall provide a clause within the CC&Rs 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.
24. The applicant shall place a note on the final plat that all common lots are to be owned and maintained
by the Winding Creek 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.
25. The applicant shall have an on-site meeting with the City Forester to survey all existing trees located
on the property. 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. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be
integrated into the open space areas or private lots (unless approved for removal by the City Forester
and the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final development plan and final plat.
27. Provide construction plans to the City Engineer for review and approval which detail how any
proposed waterways are to be maintained, methods that will prevent stagnation and breeding of pests,
and how storm water is to be accommodated, prior to the City Engineer signing the final plat.
28. Final development plans shall be reviewed as "New Business" items and not as "Public Hearing"
items unless the City determines that any difference between the preliminary development plan and
final development plan needs additional public comment because of possible impacts to surrounding
property owners, to this development, or to the community, or inconsistency with the conditions
herein. If the City determines that a public hearing shall be held on the final development plan, notice
shall be provided for (as was required for the preliminary development plan).
29. 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. Landscape plans showing open space amenities shall be reviewed and approved by the Design
Review Board, prior to the City approving a final plat.
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30. Minimum lot sizes and lot widths shall be as stated within the "Site Data" section "G" of this report.
Minimum setbacks for the development are allowed to be as follows:
.
Special Setbacks for the residential lots within the development are approved as follows:
Front
Rear (abutting alley)
Rear (non-alley)
Interior Side
Street Side
Two-story dwelling
10 feet
10 feet
5 feet
5 feet
10 feet
5 feet
.
Special Setbacks proposed for the commercial lots within the development are approved as
follows:
Front
Rear
Interior Side
Street Side
10 feet
10 feet
7.5 feet
5 feet
31. Subdivision sign age, common area, street trees, existing trees, pathways, buffer areas, perimeter
fencing, etc., shall be reviewed and approved by the Design Review Board prior to the submittal of a
final development plan and final plat.
32. The applicant shall submit a master building design plan that shows general design criteria including
composition, color, materials, and architectural themes to be incorporated into the construction of all
commercial buildings on the site, with details showing how each building will compliment the others
with said design elements. The master plan shall be reviewed and approved by the Design Review
Board prior to the issuance of any building permits for the site.
33. Place a note on the final plat stating that no direct access (other than those approved with this
application) to State Street, Hill Road and Academy Street shall be permitted.
34. The residential portion of the Winding Creek development shall remain under the control of one
Homeowners Association. The commercial portion of the Winding Creek development shall remain
under the control of one Business Owners Association.
35. The CC&Rs for the Winding Creek Homeowner's Association shall provide that the association shall
have the duty to maintain and operate all of the common landscape areas in the residential portion of
the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees.
36. The CC&Rs for the Winding Creek Business owner's Association shall provide that the association
shall have the duty to mainœin and operate all of the common landscape areas in the commercial
portion of the subdivision in a competent and attractive manner, including the watering. mowing.
fertilizing and caring for shrubs and trees.
37. The CC&Rs for the Winding Creek Homeowner's Association shall provide that the storage of any
vehicles, whether they be automobiles, recreational vehicles and equipment, watercraft and the like
shall only be stored in an enclosed garage upon each Lot, and are prohibited from being parked or
stored on any roadway or alleyway. The parking of automobiles is prohibited within the alleys.
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Include a statement within the CC&Rs notifying purchasers of the units that cars parked in the
alleyways will be subject to immediate towing. 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.
38. An outside maintenance contractor shall be hired by the Winding Creek Homeowner's Association to
care for the common areas within the development. The applicant shall provide a copy of the CC&Rs
for review by the City Attorney which define the guidelines for the contracting of an outside
maintenance firm, prior to the City Clerk signing the final plat.
39. An outside maintenance contractor shall be hired by the Winding Creek Business Owner's
Association to care for the common areas within the development. The applicant shall provide a copy
of the CC&Rs for review by the City Attorney which define the guidelines for the contracting of an
outside maintenance firm, prior to the City Clerk signing the final plat.
40. The use (single-family dwelling) is approved with this application. All home design shall reflect the
architectural qualities as shown on the colored rendering date stamped by the City on September 4,
2003.
41. The approval of this conditional use permit allows parking lots within the commercial portion of the
development to permitted without requiring separate conditional use approval.
42. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
43. All detached garages located along the northern boundary of the development shall be limited to one
(1) floor level, with a maximum height of eighteen feet (18') as measured from the average point of
contact with the ground to the peak of the roof. The applicant shall provide a copy of the CC&Rs for
review by the City Attorney which defines this requirement, prior to the City Clerk signing the final
plat.
44. The applicant shall install a pedestrian access (in addition to the sidewalk along Hill Road) from this
development to extend north for a future connection to any development of the parcel north of this
site. A plan showing location, width and construction materials to be used, shall be provided prior to
the submittal of a final development plan and final plat.
45. The subdivision and buildings shall be designed with architectural elements in compliance with the
Eagle Architecture and Site Design Book (EASD). The photos submitted with the application and
date stamped by the City on September 4, 2003, are approved examples of the housing architecture to
be used in this development. The styles presented in the photos comply with the Eagle Architecture
theme.
SPECIAL RECOMMENDATION TO THE DESIGN REVIEW BOARD:
In an effort to maintain an esthetic appeal for pedestrians passing by this development and entering
the downtown area, consideration should be given to requiring all commercial buildings along
State Street to be designed with a minimum of 25% glass within the building elevation facing the
street.
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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.
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&Rs shall contain clauses to be reviewed and approved by the City Engineer and
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11.
12.
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13.
The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14.
An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the fire
Department.
The proposed fIfe 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
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16.
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed by the Eagle City Attorney prior to the
City Engineer signing the final plat.
Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptlble 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 Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19.
Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20.
The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21.
The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
24.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25.
Basements in homes in the flood plain are prohibited.
26.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
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27.
28.
29.
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
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 4, 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 September 30, 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 September 24, 2003. Requests for agencies'
reviews were transmitted on September 5, 2003, in accordance with the requirements of the Eagle City
Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on November 25,
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 November 19,2003.
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3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-1O-03/PPUD-3-03/PP-6-03) and based upon
the information provided concludes that the proposed development is in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community because;
The PUD will provide a development that creates a neighborhood of unique, attractive housing as
well as an opportunity to increase the city's current commercial base. The location of single-
family dwellings near the downtown area contributes to an active, livable, and vibrant downtown
(including pedestrian friendly access to nearby shopping and events) which in turn tends to create
a safe and welcoming 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 because;
The Winding Creek development has been designed to incorporate traditional architectural
features, including front porches reminiscent of the craftsman and classic style designs. The
character of the general vicinity will change for the better in a manner that provides a greater
opportunity to continue both a single-family dwelling and commercial environment which has
gradually been established in the areas surrounding this property.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The development will have access to both State Street and the future extension of Hill Road;
vehicles will not travel through any existing neighborhoods which would cause additional traffic
upon local roadways. The housing located within the northern portion of this site is of a
compatible character with the existing residences to the north, and will act as a buffer to aid in
mitigating the noise from the roadways to the south and east.
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 proposed dwelling units on the site will be compatible with the existing units to the north,
with no major impacts expected since this development should only develop normal traffic
patterns that would be related to a residential subdivision development. The commercial portion is
designed to incorporate low intensity uses such as professional offices, which do not involve
activities that create noise, odors or fumes, and will only have access to established arterial and
collector roadways.
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 to the site, as noted within the letters provided by
the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and
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other urban services will be provided at the developer's expense. The addition of more residences
to the area may help facilitate the construction of new buildings within the school system.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal because;
The development plan was designed with consideration to preserve and enhance the natural
environment of the drainage ditch that traverses through the development. The development has
also been designed with open space located in areas between the front entryways of the majority of
the dwelling units, lending the opportunity for residents to be involved in face-to-face interaction
on a daily basis rather than greeting each other only on occasion. In addition, small "pocket" parks
located through the residential portion of the site will cater to different activities, including a
shared garden area, tot lot and a putting green which will add to the sense of community promoted
by the development.
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 and Hill Road, with the design and
construction of the roadways and entrances to be guided by the Ada County Highway District.
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 applicant is negotiating with Drainage District #2 and the Army Corps of Engineers to install
landscaping within the ditch easement area that courses through the site, of which has been
determined to be a tributary of the Boise River. The applicant will preserve the existing features
of the ditch to add value to the development and will install landscaping to enhance the
attractiveness of the area to the community.
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 development fits well with the Comprehensive Plan since the Plan calls for a diverse mix of
housing stock and urban-type growth of residential uses located close to the downtown. In
addition, the proposed commercial uses within this development, as well as those existing in the
vicinity, will contribute to a pedestrian friendly environment since residents can easily walk to
local establishments.
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;
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The applicant for this development requests approval of a preliminary development plan and
conditional use permit as outlined in Eagle City Code and satisfies those requirements, as well as
being required to meet the conditions herein. In addition, the development will be required to
submit an application for design review and comply with all Eagle City Codes and conditions of
approval of the design review.
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;
Typically, in residential developments, an applicant is allowed to reduce lots in size from the
minimum area required in the underlying zoning district provided there is an offsetting increase of
the same square-footage in open space and a planned unit development is applied for and
approved. This condition as applied to this PUD, would require that the applicant provide a
minimum amount of open space of 5.37-acres (56%), based on the required amount of area needed
to offset the decrease in square footage of the lot sizes within this development.
However, this particular project is not a typical residential development, and with its close
proximity to the Central Business District, as well as the inclusion of a commercial element that is
characteristic of a traditional neighborhood design, is contributive to a community environment
with a unique identity. This attribute, combined with homes fronting onto central green spaces,
and small "pocket" parks located throughout, substantiates the premise that in this instance, the
quality of the open space is more significant than the quantity of open space. It may be considered
that a fixed percentage of open space does not necessarily signify that a desirable and usable open
space will be provided. This development has been designed with the location (placement relative
to lots), usability, quality of material, amenities and varied recreation opportunities of the open
space to provide for a greater experience and livability than just the amount of open space alone
would provide. The density of the development, which at approximately six (6) du/a is well below
the twenty (20) dula permitted with the MU zoning district, demonstrates that there is not such an
overcrowding of land with structures that there is little or no open space left for recreation. And
further, the improving of the drainage ditch, which may be considered a hindrance to development
(since the ditch easement restricts the type of improvements located within said easement), adds a
landscaped amenity or visual open space that is not prevalent in other developments. These
factors combined, along with other unique features of this specific property (located close to
downtown, incorporation of a mix of uses) creates a distinctive development, and thereby validates
the conclusion that the quality of the open space within this project takes precedence over the
quantity of the open space provided.
4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
5. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-6-03) with
regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the
information provided concludes that the proposed rezone upon annexation is in accordance with the
City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of MU-P (Mixed use with PUD) is in accordance
with the Comprehensive Plan and established goals and objectives because the MU
and C-2 zoning districts are defined similarly in both the comprehensive plan and
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Eagle City Code with language promoting land uses that complement those uses in the
(CBD) Central Business District. A rezone of the property from C-2 to MU-P is
appropriate since the proposed development does not intensify the use of the site and
because the commercial uses allowed within the MU zoning district are generally the
same as those uses within the C-2 zone (such as office, limited retail);
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
required to be provided, to serve a single-family residential and commercial
subdivision on this property under the proposed zone;
c. The proposed MU-P (Mixed Use with PUD) zoning district is compatible with the R-
4 (Residential) zoning district to the north since this development proposes to provide
residential uses that would be compatible with the existing residential uses in that
area, and is compatible with the A (Agricultural) zoning district to the north since that
area is anticipated to develop in a similar fashion as this development based on the
MU designation as shown on the Comprehensive Plan Land Use Map;
d. The proposed MU-P (Mixed use with PUD) zoning district is compatible with the C-:?
(General Business District) zoning district to the east since this development proposes
to provide commercial uses which are compatible with the commercial uses to be
developed as a part of the Trolley Square Commercial development (PPIFP-2-02);
e. The proposed MU-P (Mixed use with PUD) zoning district is compatible with the MU
(Mixed Use) zoning district to the south since that area is continuing to develop with
commercial uses (office/reœil) similar to the uses proposed with this development;
f. The proposed MU-P (Mixed use with PUD) zoning district is compatible with the
CBD (Central Business District) zoning district to the west since this development
will provide uses (office, retail and residential) which will compliment the existing
uses within the downtown area;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan;
h. No non-conforming uses are expected to be created with this rezone.
6. With regard to Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the
Council 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:
The overall design theme of the project, with alley access to the rear-loaded garages and houses
fronting on a central green area, provides a distinctive neighborhood that enhances neighborhood
interaction and involvement. While the site is not precluded from providing a system of public
roads accessing the site and could be built without alleys and rear loading garages, the desired
character of the development would be diminished;
2. The private street within the subdivision provide safe and effective movement of both vehicular
and pedestrian traffic because of the following:
The roadways will be designed to be non-continuous to adjoining developments and will be self-
contained within this development, thereby limiting the number of vehicles entering this site to
only residents and guests. Sidewalks will be located in central green spaces to provide safe
pedestrian movement rather than using the roadways to travel from one locale to another;
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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
can be accommodated with the extension of Hill Road, and since the remaining properties
surrounding the site currently have public street access which will not be taken away existing with
this development;
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&Rs 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.
DATED this 13th day of January 2004.
CITY COUNCIL
OF THE CITY OF EAGLE
(A ounty, Idaho
<-
Sharon K. Moore, Eagle City Clerk
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