Findings - PZ - 2003 - CU-11-03/PPUD-4-03/PP-7-03 - Saybrook Village Subdivision/Residential/Comm/Pud/19.58 Acre/16-Lot
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR)
A CONDITIONAL USE PERMIT, PRELIMINARY)
DEVELOPMENT PLAN AND PRELIMINARY )
PLA T FOR NJN LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-ll-O3/PPUD-4-03/PP-7-03
The above-entitled rezone, conditional use permit, preliminary development plan and preliminary plat
applications came before the Eagle Planning and Zoning Commission for their recommendation on
November 24,2003. The Eagle Planning and Zoning Commission having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
NJN, LLC, represented by Land Consultants Inc., is requesting a conditional use permit,
preliminary development plan and preliminary plat approvals for Saybrook Village
Subdivision, a residential/commercial planned unit development. The 19.58-acre
development consists of a 16-lot (8-resídential, 5-commercial, 2-common, I-church)
subdivision. The site is located on the south side of West State Street approximately 3;4-
miles west of Eagle Road at 1161 West State Street.
B.
APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on September 4, 2003.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on September 30, 2003, and on October 14, 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, and on October 8, 2003.
Requests for agencies' reviews were transmitted on September 5, 2003, in accordance
with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
Page 1 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Residential Four (up to four R-4 (Residential) Church & Single-family
dwelling units per acre) dwelling
Proposed No Change No Change Residential! Commercial
PUD & Church
North of site Residential Three (up to A (Agricultural) Pasture & Dry Creek
three dwelling units per
acre) & Floodway
South of site Public!Semi-Public R-4 (Residential) State Highway 44
East of site Residential Four (up to four R-4 (Residential) Single-family dwellings
dwelling units per acre)
West of site Floodway & Residential R-4 (Residential) Dry Creek flood way &
Four (up to four dwelling Sierra No. I residential
units per acre) subdivision
G.
SITE DATA:
Total Acreage of Site - 19.58
Total Number of Lots - 16
Residential - 8
Commercial - 5
Church - 1
Common - 2
Total Number of Units - 8
Single-family - 8
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
Page 2 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
Additional Proposed Required
Site Data
Dwelling Units 2.54* 4-units per acre (maximum)
Per Gross Acre
Minimum Lot 4,224 sq. ft. 8,000 sq. ft. (minimum) in the R-4 zoning district
Size Except that 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) - per ECC Section 8-2-4 (G).
Minimum Lot 40-feet 70-feet
Width
Minimum 25-feet 35-feet (in residential zoning districts)
Street Frontage
Total Acreage 1.99-acres* 1.02 -acres (minimum)
of Common .51-acres for 10% minimum plus .51-acres for lots smaller than
Lots (open the minimum (8,000 SF) - per ECC Section 8-2-4 (G)
space) 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 39% 20% (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.
Note: Density and open space based on the residential portion of the development only (5.14-
acres) since churches are not measured by density. Further, the density is based on the
exclusion of the flood way area (1.99-acres).
.
Special Setbacks proposed for the residential lots within the development:
Proposed
Front (living area)
Front (garage area)
Rear
Interior Side
Street Side
Two-story dwelling
Standard for R-4 zone
Front 20 feet
10 feet
20 feet
20 feet
5 feet
N/A
5 feet
Rear 25 feet
Interior Side 7.5 feet
Street Side 20 feet
Additional 5 feet for multistory
.
Special Setbacks proposed for the commercial lots within the development:
Proposed
Front (State Street) 10 feet
Rear (comply with Floodway setback)
Interior Side 7.5 feet
Street Side (Saybrook Dr.) 5 feet
Standard for R-4 zone
Front 20 feet
Rear 25 feet
Interior Side 7.5 feet
Street Side 20 feet
Page 3 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
H.
GENERAL SITE DESIGN PEA TURES:
Open Space, Greenbelt Areas and Landscape Screening:
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 will provide a total of 39% of common area (20% required - see site data
above), which is located entirely within the Dry Creek flood way (other than a 200 s.f.
landscape island located within the proposed cul-de-sac). The applicant will construct
pathways within the open space for the use of the residents and patients of the
development while maintaining the natural environment in 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.
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:
The parcel has a variety of existing trees, with a number of the trees to be retained on site
as indicated on the preliminary landscape plans submitted with this application. Eagle
City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision.
In addition, the Ballantyne Irrigation lateral courses through the property and as of this
date, no indication has been given whether the applicant intends to tile the ditch or leave it
in a natural state. The lateral has been tiled within the majority of the development in the
area surrounding the subject property, which requires the approval of the entity having
jurisdiction over the lateral.
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.
Page 4 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
I.
STREET DESIGN:
Private or Public Streets: Private
The applicant will construct a private street (Saybrook Drive) extending from State Street
to serve both the dwelling units and the commercial uses within the site. The roadway is
to be constructed as a 29-foot street section (measured from back-of-curb to back-of-curb)
with a 5-foot wide concrete sidewalk separated from the back-of-curb by a 5-foot wide
landscape strip located on the west side of the street. A 3-foot wide planter with no
sidewalk is to be constructed on the east side of the street.
Applicant's Justification for Private Streets:
See applicant's justification letter date stamped by the City on October 28, 2003. The
letter is incorporated herein by reference.
Blocks Less Than 500': None
Cul-de-Sac Design:
One private roadway cul-de-sac (with a landscaped island) terminating in a 50-foot radius
turnaround is to be constructed for the subdivision. Eagle Fire Department approval of the
turn-around is required.
Sidewalks, Curbs and Gutters:
A 5-foot wide concrete sidewalk separated from the back-of-curb by a 5-foot wide
landscape strip located on the west side of Saybrook Drive is required. A 3-foot wide
planter adjacent to the back-of-curb, with no sidewalk, is to be located on the east side of
the street.
Vertical curb, gutter and 5-foot wide concrete sidewalk is required along State Street
abutting this development (including the Church portion).
Lighting:
Lighting for the proposed street is required. Location and lighting specifications shall be
provided to the City Zoning Administrator prior to the City Engineer signing the final plat.
Street Names:
Street name approval by the Ada County Street 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
Page 5 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
M.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - The majority of this area is designated as a Hazard
Area and Special Area in the Comprehensive Plan
Evidence of Erosion - None specifically noted in the EAP
Fish - Not known
Floodplain - 100-year
Floodway - Yes
Mature Trees - Yes
Riparian Vegetation - Yes
Steep Slopes - None specifically noted in the EAP
Stream/Creek - Dry Creek
Unique Animal Life - None specifically noted in the EAP
Unique Plant Life - None specifically noted in the EAP
Unstable Soils - 90 % loam, shrink-swell soils
Wildlife - Small mammals, birds
N.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An EAP report has been submitted for review by the City Engineer. The report is
incorporated herein by reference.
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 September 22,2003, are of special
concern.
Ada County Highway District
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Idaho Power
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 is proposed to develop in one
phase, with an estimated final buildout in 3 years.
R.
EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
Page 6 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
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.
Page 7 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
For a request of up to 10% of the gross land area to be directed to uses other than residential
(i. e." commercial, industrial, public and quasi public uses that are not allowed in the land use
district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
In cases where an increase in residential density of up to 15% of the allowable number of
dwelling units is requested:
22. LANDSCAPING - For up to 5%
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of
existing landscape, pedestrian way treatment, and recreational areas, incorporated into this
development, exceed that of a non PUD development.
23. SITING - For up to 5%
That the quality of the designs for visual focal points, use of existing features such as
topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation
pattern, physical environment, variation in building setbacks, and building grouping (such as
clustering), incorporated into this development, exceed that of a non PUD development.
24. DESIGN FEATURES - For up to 5%
That the quality of the designs for street sections, architectural styles, harmonious use of
materials, 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 PRIVATE STREETS:
Section 9-3-2-5 (A) General Standards: Private streets may be permitted if the Council
determines that the private street is in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings such
that private streets will serve to enhance the overall development;
2. The private street provides safe and effective movement of both vehicular and
pedestrian traffic;
3. The private street provides adequate access for service and emergency vehicles;
4. The private street does not adversely affect access or good transportation planning to
adjacent property and to the area travel networks;
5. The private street does not 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
Page 8 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
street;
7. The use or alignment of the private street does not interfere with the continuity of
public streets; and
8. An appropriate mechanism has been established for the repair and maintenance of the
private street, including provisions for the funding thereof.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
The Comprehensive Plan designates this site as Residential Four, suitable primarily for single-
family residential development within an urbanized setting. Residential density of up to four
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.
h. To protect life and property in areas subject to natural hazards and disasters.
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.
Page 9 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
Chapter 6 - Land Use
6.3
Land Use Designations
Floodway areas are defined as specifically shown on the newest edition of the Federal
Emergency Management Administration maps along the Boise River and Dry Creek
(Generally shown on the Land Use Map which is a part of this Plan). These areas are to
remain open space because of the nature of the flood way which can pose significant
hazards during a flood event. Also, the flood way areas shall not be considered as a part of
the minimum area of open space required with the zoning ordinance unless developed as
noted within this paragraph, and shall be excluded from the gross land area for calculating
residential densities permitted. Any portion of the floodway developed as a substantially
improved wildlife habitat area open to the public, or useable public open space, such as a
pathways, ball fields, parks, or similar amenities as may be approved by the City Council,
may be credited toward the minimum open space required for a development.
6.6
Objectives
a.
To encourage the preservation of open spaces.
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.
p.
Encourage a variety of housing through such mechanisms as PUDs in
subdivisions including large lot subdivisions.
Chapter 7 - Natural Resources and Hazard Areas
7.8
Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas within
the Eagle Impact Area. Future areas may be added to the Comprehensive Plan when
deemed necessary.
Areas of flooding consists of two parts: (1) the floodway which is the most severe area of
flooding characterized by deep and fast moving water; and (2) the floodplain which is less
severe than the floodway and is characterized by shallower and slower moving waters at
the time of flooding.
The Dry Creek floodplain has a potential for flash flooding while the Boise River would
probably flood due to seasonal weather conditions.
A natural state, such as a greenbelt, a wildlife habitat, an agricultural area, an open space
area, a recreational area and/or a nature area may be encouraged in the 1O0-year floodplain
of the Boise River and Dry Creek.
Page 10 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
Chapter 8 - Transportation
8.6
Implementation Strategies
p. Encourage sidewalks that are separated from the curb on all streets, except for areas
where Eagle City Code requires sidewalks to abut the curb and where existing
buildings, inordinate environmental impacts, or other impacts make setting the
sidewalk back infeasible. Meandering sidewalks should be required where space
permits. A planter strip of sufficient width for street trees between the sidewalk and
roadway should be required to provide a canopy effect over the roadways. The type of
street trees used should be those which have root systems that have proven to not
cause sidewalk or curb damage when in close proximity to such improvements.
Chapter 9 - Parks, Recreation and Open Spaces
9.5
Pathways and Greenbelts
Pathways are non motorized multi-use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e. the
Boise River and Dry Creek) and are designed to prevent undesirable encroachment.
Greenbelts may include pathways and/or bike lanes.
9.5.1
Goal
To create a pathway system that provides interconnectivity of schools, neighborhoods,
public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and bicycle
friendly community.
b. To provide a network of central and neighborhood paths where residents are able to
safely access and utilize pathways for alternative forms of transportation.
o. Preserve Dry Creek Floodway Corridor to secure greenbelt and pathway
easements, and initiate pathway construction.
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,
Page 11 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and
viewpoints for public use and enjoyment.
9.6.2
Objectives
a.
To establish open space to protect the finite resource base of Eagle's natural
environment - air, ground water, surface water, soil, forested areas, plant and wildlife
habitats, agricultural lands, and aquifer recharge, watersheds, and wetlands.
b. To provide an open space setting for active and passive recreation for all age groups
throughout the community.
c. To protect against hazards that are inherent to flood plains, flood ways, steep slopes,
and areas of geological instability.
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.
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
c.
The flood way shall be reserved as a natural state such as a greenbelt, wildlife
habitat, and open space recreational area and for agricultural uses.
k.
Encourage the preservation of natural resources such as creeks, drainages, steep
slopes and ridgelines as visual amenities.
I.
Encourage the development of pathways and open-space corridors throughout the
City.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-1-2 OPEN SPACE:
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
Page 12 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
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 states in part that maximum lot coverage (building footprint) shall be a
maximum of forty-percent (40%).
.
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) (c) MAJOR ROADWAYS:
New residential developments, including, but not limited to, subdivisions and multi-family
developments, shall be buffered from streets classified as collectors, arterials, freeways, or
expressways, to protect residential communities from noisy, potentially dangerous, high-
speed roads. The buffer area shall be defined as the distance from the outside wall of the
lowest story of any single-family attached or detached dwelling and the right-of-way line
of the roadway. The lowest story must be screened from the view of any street classified
as a collector, arterial, freeway, or expressway. This buffer is required either on individual
lots or as an easement, or as part of the common open space owned and maintained by a
homeowners' association. Any landscaping proposed to be within the public right of way
shall not be included as a part of the buffer area required below. The height for
berming/fencing, as noted below, shall be measured from the elevation of the final grade
of the adjacent roadway (measured at the center line) to the top of the proposed
berming/fencing. The required buffer area width, plantings, and fencing are as follows:
A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: six
(6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, panelized vinyl
fence, decorative block wall or cultured stone, decorative rock, or similarly designed
concrete wall, or combination thereof shall be provided within the buffer area. The
maximum slope for any berm shall be three feet (3') horizontal distance to one-foot (I')
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.
.
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;
Page 13 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
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
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
Page 14 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
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.
WHICH
OF
SPECIAL
CONCERN
C. SUBDIVISION ORDINANCE PROVISIONS
REGARDING THIS PROPOSAL:
ARE
.
ECC Section 9-3-2-5 (A)(5) states in part:
All private streets shall originate in a public right of way and terminate in a public right of
way.
.
ECC Section 9-3-7 (A) states in part:
A minimum twenty foot (20') wide planting striplbuffer area shall be placed next to
incompatible features such as highways, railroads, commercial or industrial uses to screen
the view from residential properties and to provide noise mitigation for those residents.
.
ECC Section 9-3-8 (B) Natural Features:
Existing natural features which add value to residential deyelopment and enhance the
attractiveness of the community (such as trees, watercourses, historic spots and similar
irreplaceable assets) shall be preserved in the design of the subdivision.
.
ECC Section 9-4-1-6 (D) (1) Pathway Design, states in part:
Regional pathways such as the Boise River greenbelt and pathways located adjacent to
major roadways shall be a minimum ten feet (10') wide and shall be located within a
twenty foot (20') wide pedestrian access easement.
.
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.
Page 15 of34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
D. TITLE 10 FLOOD CONTROL PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 10-1-5 Area of Special Flood Hazard:
The land in the flood plain subject to one percent (1 %) or greater chance of flooding in
any given year. Designation on maps always includes the letters A or V.
.
ECC Section 10-1-8-5 (D) (4)
All buildings shall be set back a minimum of fifty feet (50') from the floodway line except
that when the area of special flood hazard boundary is fifty feet (50') or less from the
floodway line, the boundary line shall be the setback line.
E. DISCUSSION:
.
The 2000 City of Eagle Comprehensive Plan's Land Use Map designates this site as Residential
Four (up to four dwelling units per acre), and is currently zoned R-4.
.
The applicant is proposing to construct a development comprised of eight (8) single-family
dwelling units, four (4) nursing home facilities (assisted living with accommodations for
Alzheimer patients) and one (1) commercial building. While not specifically stated, this type of
development may lend itself to cater to older persons transitioning from larger homes to smaller
homes, and further, from a dwelling into a multi-resident environment where personal medial care
or assistance (if needed) is readily available. The proposed development is not wholly unique to
the City of Eagle in that there has been one other PUD reviewed by the City which includes a
transition of living arrangements (Spring Creek) similar to this application, yet there has not been
an assisted living facility which has been applied for and approved within a residential zone
(assisted living facilities are mainly located within the MU zoning district).
As stated within the applicant's justification letter, date stamped by the City on September 4,
2003, the commercial building proposed to be located adjacent to State Street on Lot 2, Block 1, is
designed mainly for use as a medical/professional office. However, it is further stated that other
uses such as a beautylbarber shop, convenience store (no fuel service), a restaurant (no drive thru),
day care center, emergency services and a vet clinic are also requested to be approved with this
application (these uses are allowed in the R-4 zoning district through the approval of a conditional
use permit).
Considering the "theme" of this PUD (care for older persons), a medical office or a barberlbeauty
shop may be considered appropriate uses for the commercial building since they would more
directly accommodate the residents of the development, as well as to people located outside of the
immediate area. A convenience store or restaurant are interesting notions since they may lend
themselves to provide a quaint neighborhood store or diner reminiscent of the "North End" in
Boise; commercial amenities located within walking distance of residences. However, is there a
commercial void that needs to be filled, would these establishments be frequented by enough
patrons to be viable, and if so, is this the appropriate location? Staff will defer to the Planning and
Zoning Commission and City Council regarding the appropriate types of uses that may be allowed
within the development.
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.
Page 16 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
.
The applicant has requested to divide the residential lots (and one of the commercial lots) into
sizes ranging from 4,224 s.f. to 7,484 s.f., which are reduced in size from the required minimum
area of 8,000 s.f. for the R-4 zoning district. Eagle City Code 8-2-4 (G) allows a decrease of
minimum lot size in a subdivision if there is an offsetting increase of the same square-footage in
open space and a planned unit development is applied for and approved. The applicant proposes
to provide 1.99-acres (39%) of open space, 1.02-acres (20%) is required. If the Council approves
this PUD, the decrease in lot size may be permitted since the development has been designed to
provide the required amount of offsetting increase of square footage within the open space.
.
The applicant has requested that the lot width for the residential lots (Lots 7-14, Block 1) be
reduced below the required minimum of 70-feet to no less than 30-feet (as measured at the
midpoint between the front and rear property lines). It should be noted that the applicant's
justification letter references the smallest lot width as 40.25-feet on Lot 7, Block 1, which is
actually the frontage of the lot abutting the roadway. While not specifically requested, the
applicant would need approval of the reduced lot frontage in addition to the requested reduction in
the lot width. Lot width is a dimension used primarily as a planning tool to establish a certain
standard or design in subdivision lot layout and varies depending on which zoning district the
development is proposed to be located, and is not necessarily based on construction or safety
codes. With this in mind, the reduction of the lot width, in staff's opinion, is dependent upon
whether the City believes that the development is designed in such a unique manner that the
character of the development would be dramatically changed without the requested reduction.
Staff will defer to the Planning and Zoning Commission and City Council regarding this matter.
.
With regard to the lot coverage, the applicant has shown building envelopes for the commercial
buildings on the preliminary development with lot coverage that exceeds the maximum 40%
allowed. Lot 3, Block 1, has a proposed building footprint with a square footage of 60% of the lot
size, Lot 4, Block 1, is shown with 51 % coverage. This measurement is significant in that there
appears to be very little space left on the individual lots to accommodate the required minimum
amount of landscaping and parking spaces. A review of the landscape plan shows parking to be
located between the two southern assisted living facilities (Lots 5 and 6, Block 1) and shared
parking with the church for the two northern assisted living facilities (Lots 3 and 4, Block 1); the
commercial building would provide on-site parking. When the buildings are shown in relation to
the open space, landscaping and parking, the lot coverage issue appears to be a non-issue due to
the applicant's attempt to locate the buildings in close proximity to one another for easier
pedestrian access as well as to provide a more open view of the flood way. Giving consideration to
the open space and floodplain/floodway on the western portion of the site, this increase in lot
coverage may be appropriate since the net effect is there is not an overabundance of building
coverage within the development as a whole.
In addressing parking, a number of options are available, including shared parking with the church
and given that nursing homes do not typically generate a large amount of traffic, the site should be
able to be designed to ensure that parking is adequate and readily accessible. With this being said,
upon determination of the Design Review Board, the building layout and size may be required to
be adjusted in order to accommodate the required parking for the site.
.
The applicant has requested the following setbacks for the residential portion within this
development: 10' -front living area, (20' -garage), 20' -rear, 5' -side (the current parcel configuration
does not include any lots with side lot lines adjacent to a street). In addition, the applicant has
requested that the 5' -side setback be applied to both one-story and two-story dwellings, with no
Page 17 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
additional setback required for the two-story units. With the constraints of the flood way to the
west, Ballantyne ditch to the south and the existing church property to the east, the reduced front,
rear and side setbacks may be considered appropriate for this deyelopment. Staff will defer to the
Planning and Zoning Commission and City Council regarding this matter.
The applicant has requested the following setbacks for the commercial portion within this
development: 10' -front (State Street), 5' - street side (Say Brook Drive), rear setback to comply
with the floodway line setback. No specific side setback has been proposed, although the site plan
delineates the majority of the building footprints at 10-feet from the side lot line. As a
recommendation, staff believes that a minimum of lO-feet be required for all of the setbacks, to
allow for the adequate installation of landscaping, sidewalks or pathways, utility placement,
service corridors, and maintenance. This reasoning can be exemplified in Eagle City Code section
8-2A-7 (L) (1) which requires a landscape strip between buildings and public rights-of-way to lend
continuity among different architectural styles, screen unsightly views establish a pleasing view
and safe corridor for pedestrians. Granted, not all sides of the proposed buildings will abut a
public right-of-way, yet the narrower the setbacks become, the less space there is available to
provide for landscaping, sidewalks and other amenities for the residents, as well as for those
passing by, to enjoy. Staff will defer to the Planning and Zoning Commission and City Council
regarding this matter.
As a final note regarding setbacks and buffer areas, Eagle City Code Section 9-3-7 (A) requires a
20-foot wide landscaped buffer between commercial and residential uses. In this instance, while a
nursing home is listed under Eagle City Code as a commercial use, the nature of the use as well as
the architectural features of the structures will have a residential character. Provided that the
aforementioned minimum commercial setbacks remains at lO-feet, the distance between the single-
family dwelling and the nursing home should be adequate as a required buffer area.
.
Note Nos. 6 and 12 on the preliminary plat make reference to Lot 15, Block 1 (the existing church
site, of which this application is a part) complying with the standard setbacks for the R-4 zoning
district, and that the lot is not a part of the PUD, yet is still a part of the subdivision. With the
current design of the development, the proposed lot line and private road would be located 7.5-feet
from the existing church building, which does not meet the minimum street side setback of 20-feet
as required in the R-4 zoning district. In order for the lot line and roadway to be approved in their
respective locations, the church would need to be a part of the PUD in order to receive approval of
the reduced setback. The applicant should acknowledge the church as being a part of the PUD,
revise Note No.6 to reflect this and eliminate Note No. 12 referring to this item from the plat.
.
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2 shows
a pathway traveling along the Dry Creek, which is located in the western portion of this site. The
applicant has proposed to construct a six-foot (6') wide pathway along the east side of the Dry
Creek, extending southerly from State Street to the southern boundary of the residential portion of
the development. The pathway is not shown to extend though Lot 15, Block 1 (church lot), located
between the residential portion of the site and State Highway 44, and thus there remains a gap of
approximately 470-feet between the proposed terminus of this path and an eventual connection
across State Highway 44.
The applicant should be required to provide a revised development plan which delineates a
pathway extending from the south side of State Street to the north side of State Highway 44.
Because this pathway is considered a regional pathway as opposed to a "micropathway" (primarily
for the use of residences of the subdivision), the pathway should be constructed a minimum 10-
Page 18 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
feet in width and located within a 20-foot wide pedestrian access easement. Staff will defer to the
Parks and Pathways Committee, the Planning and Zoning Commission and the City Council to
determine the exact location of the pathway.
.
Initially, the applicant proposed to construct a public roadway to access the lots within the
subdivision, extending to the south from State Street. Subsequent to ACHD Commission action,
the applicant has requested that the roadway serving the site now be a private roadway since the
roadway section required by the highway district is too wide. As noted within the applicant's
justification letter, date stamped by the City on October 28, 2003, the reasons for the narrow width
of the road include the need to reduce vehicle speeds and the attempt to preserve a large walnut
tree near State Street and the entry into this site.
Eagle City Code Section 9-3-2-5 (at the time of submittal for this application) allows private roads
to be constructed at the discretion of the Council, provided that certain findings are made to
warrant the construction of the private road. Items the Council may consider include the following
points, presented in a "finding" format, with italicized text shown as staff s recommended
response to the stated requirement:
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;
Because the development is proposed to provide services and housing for those
persons who are older and transitioning into managed care facilities, a private road
that is more narrow in width than that required by the Ada County Highway District
may be conducive to lower vehicle speeds and more sensitive to pedestrian activities.
In addition, the floodway located on the western portion of this site, as well as the
effort to preserve existing mature trees on the site, limits the width of the roadway to a
standard that is less than the Ada County Highway District will allow.
2. The private street provides safe and effective movement of both vehicular and
pedestrian traffic;
The private roadway has been designed to be paved with a width of twenty nine-feet
(29'), which provides sufficient space for two vehicles to pass without interference
with the other. A standard travel lane width for public roads is twelve-feet ( 12'), this
development has been proposed to have fourteen and one-half-foot (14.5') wide lanes
constructed.
3. The private street provides adequate access for service and emergency vehicles;
The private roadway will provide sufficient space for emergency vehicles since the
road has been designed to be paved with a width of twenty nine-feet (29'). Typically
emergency service vehicles require a minimum of twenty-feet (20'). The Eagle Fire
Department has approved the private roadway design (as shown on the plan date
stamped by the City on November 17, 2003). with parking restricted to one side only.
4. The private street does not adversely affect access or good transportation planning to
adjacent property and to the area travel networks;
Page 19 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
This parcel is essentially bounded to the west with the Dry Creek floodplain and an
established residential subdivision with no additional roadway connection
possibilities; the parcel to the south and east currently has adequate access to the
public roads and will be able to provide additional access during any proposed
redevelopment.
5. The private street does not land lock adjacent property due to topography or parcel
layout;
The private road does not create a new situation resulting in a landlocked parcel.
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;
The private road has been designed to terminate in a cul-de-sac and no connections
to adjacent properties have been proposed or required.
7. The use or alignment of the private street does not interfere with the continuity of
public streets; and
Due to the limitations of the Dry Creek floodplain, development has occurred or has
been designed to circumvent the floodplain, and as such, public streets have not
planned or required to be continuous through this site.
8. An appropriate mechanism has been established for the repair and maintenance of the
private street, including provisions for the funding thereof.
An appropriate mechanism will be required 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.
Staff will defer to the Planning and Zoning Commission and the City Council regarding the
approval of the private street.
.
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
Page 20 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
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
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.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
November 24, 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 no
one (other than the applicants/representative).
COMMISSION DECISION:
The Commission voted 4 to 1 (Crook against) to recommend approval of CU-II-03/PPUD-4-
03/PP- 7 -03 for a conditional use permit, preliminary development plan, and preliminary plat for
Saybrook Village planned unit development with the following staff recommended site specific
conditions of approval and standard conditions of approval with underline text to be added by the
Commission and strikethrough text to be deleted by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Comply with all site specific recommendations provided within the City's Engineering firm's
(Holladay Engineering) letter dated September 22, 2003.
2.
Comply with all applicable conditions of the October 20, 2003, Ada County Highway District
Commission report. except that the entire lene:th of Saybrook Drive will be constructed as a private
road.
3.
The applicant shall provide documentation (prior to the commencement of any work on the site)
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 work, pathway construction and landscaping within the Dry Creek within the western
portion of this site.
4.
All existing buildings that will interfere with the proposed roadways or lot lines shall be removed from
Page 21 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
the site prior to the City Clerk signing the final plat. Demolition permits shall be obtained from the
City prior to the commencement of any demolition on the site.
5.
Building envelopes shall be depicted on the final plat for all lots located within fifty-feet (50') of the
flood way line as shown on the accepted FEMA maps current at the time of submittal for final plat.
The building envelopes shall be shown on the final plat to reflect the minimum fifty-foot (50') setback
from the floodway line.
6.
In instances where the floodway line intersects the building lots, that portion of those lots lying west
of the floodway line (as determined by FEMA) shall be a "non-build" portion of the lots and no
encroachments, buildings, or other structures shall be built thereon, pursuant to Eagle City Code
Section 10-1-8-5 (D). No equipment or vehicles shall be stored, or any solid-face fences constructed,
on any portion of these lots lying in the flood way and such shall be a condition to be within the
CC&Rs. A note shall be placed on the final plat generally stating this requirement.
7.
No encroachments, buildings, or other structures shall be built within Lot 1, Block 1 (the Dry Creek
floodplain), pursuant to Eagle City Code Section 10-1-8-5 (D). No equipment or vehicles shall be
stored, or any solid-face fences constructed, on any portion of the floodway and such shall be a
condition to be within the CC&Rs. A note shall be placed on the final plat generally stating this
requirement.
8.
Construct curb, gutter and a meandering five-foot (5') wide concrete sidewalk along State Street
abutting this site (including the church 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.
9.
The applicant shall submit a design review application showing proposed landscaping to be located
within the area adjacent to the back-of-curb and sidewalk abutting State Street for review and approval
by the Design Review Board prior to City approval of a final plat.
10. If the Council approves the private street, the plat shall be revised to show the private road located
within a common lot. Provide 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 the common lot and that the
perpetual easement shall run with the land.
11. If the Council approves the private street, provide a copy of the Subdivision's CC&Rs providing a
plan and schedule for the future repair and maintenance of the private street. The CC&Rs shall be
reviewed and approved by the City Engineer prior to the City Clerk signing the final plat.
12. If the Council approves the private street, provide a note on the plat that states that the restrictive
covenant for maintenance of the private street cannot be modified and the homeowners' association
cannot be dissolved without the express consent of the City.
13. If the Council approves the private street, provide a note on the plat that states there shall be parking
allowed on only one side of the street. Provide a statement in the CC&Rs that restricts parking to the
one side of the street. "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 25, 2003, and as shown on the plan date
stamped by the City on November 17, 2003. The signs shall be posted prior to the issuance of any
Page 22 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
building permits.
14. Construct six-inch (6") vertical curb, with gutter and five-foot (5') concrete sidewalk abutting the west
side of the private roadway 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.
15. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along the west side of the private street and around the
cul-de-sac. 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.
16. The street configuration shall remain substantially as shown on the preliminary plat as shown on the
plan date stamped by the City on September 4,2003.
17. The applicant shall construct a minimum lO-foot wide pathway located within a 20-foot wide
pedestrian access easement extending from the south side of State Street to the north side of State
Highway 44. The exact location and materials to be used for the pathway are to be determined by the
Parks and Pathways Development Committee, the Planning and Zoning Commission and the City
Council. The Council may consider that, with the agreement of the property owner of Lot 15, Block
1. a pathway is to be constructed between State Street and UP to and crossing the Ballantyne ditch
only, with a twenty-foot (20') wide easement to be located through the undeveloped portion of Lot 15,
Block 1. (construction of the remainder of the pathway will occur at a later date).
18. 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.
19. 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, unless specifically reviewed and approved by the City Forester.
20. The applicant shall submit a landscape plan showing planting details for the landscape island within
the cul-de-sac and the 3-foot wide area between the eastern edge of the private roadway and the
eastern boundary of the subdivision for review and approval by the Design Review Board, prior to
City Council approval of a final plat.
21. The use nursing/convalescent home (assisted living facility) is approved with this application. All
designs shall reflect the architectural qualities as shown on the renderings date stamped by the City on
September 4, 2003.
22. Medical/professional offices, beautylbarber shop, and day care center (shown as requiring the
Page 23 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
approval of a conditional use permit in Eagle City Code Section 8-2-3) shall be considered as
permitted uses within this development.
23. The applicant shall provide construction drawings for a pressurized irrigation system to service each
lot for review and approval by the City Engineer, at the time a final plat is submitted to the City. The
system shall be designed to meet all standards as required by the City Engineer.
24. All utility poles providing service to the existing structures on the site shall be removed, prior to the
issuance of any building permits for the site. All utility service lines serving existing structures and
the building lots shall be placed underground.
25. The applicant shall provide a landscape plan showing berming, fencing, and planting details within
the required 75-foot wide buffer area along State Highway 44 abutting this site for review and
approval by the Design Review Board, prior to City approval of a final plat. The berm and
landscaping shall be installed prior to the issuance of any occupancy permits within the subdivision.
An alternate method of compliance may be applied for and considered by the City (such as a berm
located adjacent to the southern boundary of Lots 13. 14 and 15. Block 1, and landscapin~ along State
Highway 44). in recognition of the existence of the floodway and areas of ponding which may
preclude the installation of a lO-foot high berm.
26. Place a note on the final plat stating that no direct access (other than those approved with this
application) to State Highway 44 shall be permitted.
27. 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.
28. The applicant shall provide a letter from the entity with jurisdiction over the Ballantyne Ditch
regarding approval of any landscape improvements or tiling of the ditch that runs through the
property.
29. Add a note to the final plat designating a lO-foot (10') wide utility easement centered on the side lot
line (five-feet (5') on either side of the line) of the residential lots to include a provision for access to
the side yard for the maintenance of landscaping and the exterior dwelling unit walls.
30. 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).
31. 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.
Page 24 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
32. 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 (garage area)
(living area)
Rear
Interior Side
Two-story dwelling
20 feet
10 feet
20 feet
5 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
10 feet* *
10 feet
A minimum distance of 15-feet shall be maintained between the nursing home located on
Lot 6, Block 1, and the single-family dwelling located on Lot 7, Block 1, to create a buffer
area between the structures.
*The buildings on Lots 5 and 6, Block 1, may be constructed with one corner of the
building located no closer than 5-feet to the property line of the private road or within 5-
feet of the back of sidewalk if the sidewalk is located outside of the private road Lot. The
average setback for the remainder of the building shall be a minimum of lO-feet, with the
building footprints to be situated on the Lots generally as shown on the preliminary
development plan date stamped by the City on September 4. 2003.
**The distance between the buildings located on Lots 3 and 4. Block 1, may be decreased
to a minimum of 15-feet n.5-feet on either side of the common side lot line).
33. The maximum building lot coverage for Lot~ 3 and 4, Block 1, is permitted to be 60%. The maximum
buildiBg let eoverage for Lot 4, Bleek 1, is permitted to be 51 %. The applicant acknowledges that due
to landscaping and parking requirements, the building footprint and configuration may change from
that shown on the plan date stamped by the City on September 4,2003.
34. Revise Note No.6 on the plat to include Lot 15, Block 1 (church lot), as being a part of the PUD and
as such, shall comply with the setbacks as approved with this PUD. Strike Note No. 12 from the plat.
35. Subdivision signage, 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
[mal development plan and final plat.
36. The applicant shall submit a master building design plan that shows general design criteria including
composition, color, materials, and residential 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.
37. The r-eside8tial portio8 of the Saybrook Village development shall remain under the control of one
HOæeO\V8er'S Property owner's Association. The eomæer-eial pørti08 ef the Sa)'brøek '.Tillage
Page 25 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
àe'¡eloflæeBt sHall reæaiB I:iBàer tHe øoBtrol of ORe Bl:isiBess O'.vBers ,^.ssociatioB.
38. The applicant shall place a note on the final plat that all common lots are to be owned and maintained
by the Saybrook Hoæeowaer's Property owner'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.
39. The CC&Rs for the Saybrook Village Hoæeowaer's Property owner'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.
40. THe CC&Rs f{)r the Saybrook Village Busiaess owaer's ,\ssøeiatioft sHall f)f{)\'ide that the assoøiatioR
shall have the duty to æaiRtaiR aaà oflerate all of tHe commOR laBàscape areas iR tHe commercial
portioa of the subàivisioft iR a øoHlf)eteat ami attractive HlaRaer, iaell:iàiag the wateriag, mowiRg,
fertiliziag and earÏag for sbmbs aRà tr-ees.
41. The CC&Rs for the Saybrook Village Hoæeov/aør's Property owner'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. 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.
42. An outside maintenance contractor shall be hired by the Saybrook Village HoHleowaer's Property
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.
43. ,^.a outsiàe æaiateBaRøe cofttraetor shall 1313 Hir-eà by the Saybmok Village Bl:isiaess OwRer's
Assoøiatioa to car-e for tHe cøRHBoa areas \vithia the àe'¡elof)meBt. The applicaRt shall pro'¡¡àe a copy
of the CC&Rs f.or r-eyie"v by tHe City ¡\!tome)' wHich àøfiat) tHe guiàeliaes f.of tat) eoBtraetiRg of aR
outside æaiateaaaøe firm, prior tø tae City Clerk sigBiag tHe fiøal f)lat.
44. 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.
45. All new construction shall have a [mished floor level of at least two (2) feet above the Federal
Emergency Management Association Base Flood Elevation (BFE). regardless of whether the building is
located within the 100-year floodplain or outside of the floodplain.
46. The PUD shall be limited to a maximum of six (6) (in lieu of eight (8)) buildable lots for the single-
family dwellings.
47. A Church, with ancillary uses, shall be the only uses permitted on Lot 15, Block 1.
SPECIAL RECOMMENDATION TO THE DESIGN REVIEW BOARD:
The Design Review Board should give consideration to the design and materials to be used in the
construction of the proposed fence to be located between the buildings on Lots 3 and 4, Block 1.
Page 26 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
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
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
Page 27 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has flfst been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13.
The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14.
An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits.
The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
15.
Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
Page 28 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
20.
21.
22.
23.
24.
25.
26.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed by the Eagle City Attorney prior to the
City Engineer signing the final plat.
16.
Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed by the Eagle City
Attorney prior to the City Engineer signing the final plat.
17.
The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City 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.
The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
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.
Basements in homes in the flood plain are prohibited.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Page 29 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
27.
28.
29.
30.
31.
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.
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.
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, and on October 14, 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, and on October 8, 2003. Requests for agencies' reviews were transmitted on September 5,
2003, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit, preliminary development plan, and preliminary plat (CU-11-03/PPUD-4-03/PP-7-03) 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 as noted below:
Page 30 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
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 enables older persons to transition from larger
residential developments, and those requiring managed care, into a neighborhood that provides a
relatively unique lifestyle opportunity. In addition, the development will allow older persons to
remain in the community, with a mix of generations living in close proximity rather than in
separate locations dispersed throughout a city. The preservation and enhancement of the Dry Creek
floodwaylfloodplain with landscaping and pathways will provide a recreational opportunity to both
residents of Saybrook Village as well as those living nearby.
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 Saybrook Village development has been designed to incorporate residential architectural
features into the nursing home facilities, thereby complimenting the existing residential uses in the
general vicinity of this site. In addition, the commercial building located adjacent to State Street is
intended to provide uses which cater more to a local, neighborhood patronage rather than to a
regional customer base.
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 vehicles and will not travel through any
existing neighborhoods, which would cause additional traffic upon neighborhood roadways. The
residential dwellings and the commercial uses (as well as the existing church) may be considered
compatible with the existing neighborhood since the uses are permitted, or allowed with the
approval of a conditional use permit, in the R-4 zoning district as noted within Eagle City Code 8-
2-3.
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 dwelling units and nursing home facilities on the site will be compatible with the existing
residential units to the west, 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 building 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 an
established arterial roadway.
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
other urban services will be provided at the developer's expense.
Page 31 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
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 Dry Creek floodway/floodplain that is located in the western portion of the
development. The Dry Creek will also serve as open space for the residents and those living
nearby, incorporating micro pathways and landscaping; a regional pathway will be constructed to
serve the community in reaching the desired goal of a citywide network of pathways.
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 with the design and construction of the
roadway entrance 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 Saybrook Village PUD has been designed with the buildings and private roadway located as
far from the Dry Creek flood way/floodplain as possible in order to provide a more open view and
protection of the Dry Creek. The applicant will preserve the existing features of the Dry Creek to
add value to the development and will install landscaping and pathways 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 proposed development fits well with the Comprehensive Plan since the Plan calls for the
preservation of the natural features (flood way) and open space of Eagle. In addition, the Plan
encourages a broad spectrum of housing types which the Saybrook PUD will provide with its
varied housing opportunities, including single-family residential and managed care facilities;
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;
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.
Page 32 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
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;
This development has been designed with the location of the buildings to be set as far from the
Dry Creek floodwaylfloodplain; a private road, reduced setbacks and increase in lot coverage
allow for the "clustering" of the buildings on the eastern portion of the site to protect and preserve
the natural environment and open view of the area. The preservation of the Dry Creek, which may
be considered a hindrance to development (since the floodway restricts the type of improvements
that may occur on the property), adds a landscaped amenity and a visual open space that is not
prevalent in other developments. The physical constraints of the property, as well as the proposed
uses, combine to create a development unique to the City which could not be wholly achieved
without the aforementioned deviations from district standards.
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. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the
Commission has determined that:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that the private street
will serve to enhance the overall development. The following reasons support the above noted
finding:
The development will provide services and housing for those persons who are older and require
managed care; a private road that is more narrow in width than that allowed by the Ada County
Highway District may be conducive to lower vehicle speeds and provide an environment that is
more sensitive to pedestrian activities. In addition, the flood way located on the western portion of
this site, as well as the effort to preserve existing mature trees on the site, limits the width of the
roadway to a standard that is less than the Ada County Highway District will allow.
2. The private street within the subdivision provide safe and effective movement of both vehicular
and pedestrian traffic because of the following:
The private roadway is to be paved with a width of twenty nine-feet (29'), which provides
sufficient space for one vehicle to pass another without interference. A standard travel lane width
for public roads is twelve-feet (12'), this development will have fourteen and one-half-foot (14.5')
wide lanes constructed. The roadway is 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;
3. The private street provides adequate access for service and emergency vehicles:
The private roadway will provide sufficient space for emergency vehicles since the road will be
paved with a width of twenty nine-feet (29'); typical emergency service vehicles require a
minimum of twenty-feet (20'). The Eagle Fire Department has approved the private roadway
design (as shown on the plan date stamped by the City on November 17, 2003), with parking
restricted to one side only;
4. The private streets within the subdivision do not adversely affect access to adjacent properties:
This parcel is bounded to the west by the Dry Creek floodplain and an established residential
Page 33 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc
subdivision with no additional roadway connection possibilities; the parcel to the south and east
currently has adequate access to the public roads and will be able to provide additional access
during any proposed redevelopment;
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.
6. The dissenting opinion of the Commission felt that approval of the Saybrook Village PUD would be
considered if the number of commercial and residential lots were reduced, thereby allowing for less
overcrowding of the land and eliminating the necessity for the concessions given regarding the reduced
setbacks and the private road. While the theme of the development as a whole is acceptable, the
development is not unique nor provides the diverse character that warrants the deviations from the
standard district regulations.
DATED this 1st day of December 2003.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
A. :. a<:o~, I~ahO . i.
~ ~!~ -) ,i ~ "7- ÞEC--ð ~
Steve De ers, Chairman
ATTEST:
""""""~
", E
""""~1 01' "'0, i!
"",l:~"".~~ "
.:' .~.. ¡ !
i Ùl ~tOR"~~ "
: : (j° \ .. :
: : _.- : :
. .. . ~;::..
\ \~ Sß^iJ~': C" :
~ ~C'~ ~<;.. .:< $
'\.. ~~.tt"Otl~.. ,-,..: .."
'"« 4'" ..... "\). ..'
~....-i '1'E Of \ ,....."
-".. ,.."
II,........"
Page 34 of 34
K:\Planning Dept\Eagle Applications\SUBS\2003\Saybrook Village 2 PUD pzf.doc