Findings - PZ - 2003 - CU-12-03/PPUD-5-03 - Winding Creek East/47-Lot/3.9 Acre/
ORIGINAL
BEFORE THE EAGLE F'LANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A CONDITIONAL USE PERMIT AND ][>RELIMINARY )
DEVELOPMENT PLAN FOR SOUTHERS PROPERTIES)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU -12-03/PPUD-S-O3
The above-entitled conditional use permit and preliminary development plan applications came before the
Eagle Planning and Zoning Commission for their recommendation on November 24, 2003, at which time
public testimony was taken and the public hearing for written testimony only continued to December I,
2003. The Commission made their recommendation at that time. 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:
Southers Properties is requesting a conditional use permit and preliminary development
plan approval for Winding Creek East, a 47-lot (46-residential, I-common) residential
planned unit development. The 3.9-acre site is located approximately 500-feet north of
State Street and approximately 1O00-feet east of Palmetto A venue.
B.
APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on October 9,2003.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City ordinances on October 28, 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 October 22, 2003. Requests for agencies' reviews were transmitted
on October 10, 2003, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 9, 2001, a preJiminary plat (PP-12-00) was approved by the City Council for
Trolley Square, a 27 -acre commercial subdivision. Conditions of approval for the
previous preliminary plat required the dedication of public rights-of-way for the Hill Road
extension (north of State Street) and Academy Street (west of the terminus of Academy
Way to the Hill Road extension). Although the approval of the preliminary plat expired
on January 9, 2002, (since a final plat was not submitted for the development) the
dedication of the street right-of-ways was completed, resulting in the creation of three
separate parcels.
On January 9, 2001, the Eagle City Council approved a conditional use permit for a
shopping center (CU-12-00) for this site.
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On November 3, 2003, the Eagle Planning and Zoning Commission recommended
approval of a rezone (RZ-6-03) of the property from C-2 (General Business District) to
MU-P (Mixed Use PUD).
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Commercial C-2 (General Business Vacant
District) *
Proposed No Change MU-DA-P (Mixed Use PUD PUD Residential
with Development Development
Agreement)
North of site Mixed Use A (Agricultural) Pasture
South of site Commercial C-2 (General Business Proposed commercial
District) development
East of site Public/Semi-Public PS (Public/Semi-Public) Eagle Academy School
West of site Commercial C-2 (General Business Proposed Winding Creek
District)* residential/commercial
PUD
*Note: A rezone of the property frcm C-2 to MU-P (Mixed Use PUD) has been proposed with the
Winding Creek PUD (RZ-6-03/CU-IO-03/PPUD-3-03/PP-6-03). On November 3, 2003,
the Planning and Zoning Commission recommended approval of the requested rezone.
G.
SITE DATA:
Total Acreage of Site - 3.93
Total Number of Lots - 47
Re:sidential - 46
Commercial - 0
Industrial - 0
Common - 1
Total Number of Units - 46
Sbgle-family - 0
Duplex - 0
Multi-family - 46 (9-buildings)
Total Acreage of Any Out-Parcels -- 0
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Additional Proposed Required
Site Data
Dwelling Units 11.7 20-units per acre (maximum) in the MU zoning district
Per Gross Acre
Minimum Lot 4,418 sq. ft. 7,000 sq. ft. (minimum) in the MU 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 68-feet (as 50-feet in the MU zoning district
Width measured on the
building footprint)
Minimum O-feet O-feet (required only in residential zoning districts)
Street Frontage
Total Acreage 2.34-acres 1.06-acres (minimum)
of Common (excluding the .59-acres for 15% minimum plus .47-acres for lots smaller than
Lots (open ditch easement - the minimum (7,000 SF) - per ECC Section 8-2-4 (G)
space) .11-acres, and Except that, according to ECC Section 9-3-8 (C) the City may
hardscape - .79. require additional public and/or private park or open space
acres) facilities in PUDs or in subdivisions with 50 or more lots.
Percent of Site 59% 27% (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.
.
Special setbacks for the development:
Generally, the setbacks are to be measured from the property's perimeter property lines (not
from the individual lot property lines) to allow the residential dwelling units to be constructed
within the entire residential lot :zero lot lines). The exterior walls of the dwelling units are to
be constructed to the dwelling lot line. The dwelling units have been designed with the garage
areas to be a minimum of 24-fe~t from the common access drive providing access to the
dwellings. Perimeter setbacks are as follows:
Front
Back
Interior Side
Street Side
24-feet (from drive aisle to garage)
47-feet (from Hill Road)
lO-feet (from eastern property line)
15-feet (from Winding Creek Road)
H.
GENERAL SITE DESIGN FEATURES:
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
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proposed residential properties.
The applicant proposes a total of 59% of common area (27% required - see site data
above), which consists mainly of the areas surrounding the footprints of the buildings (this
figure does not include the drainage easement area). The dwelling units would not have
individual yards; rather one common yard would serve all the residents. A preliminary
landscape plan has been submitted, yet no specific amenities (such as gazebos, pathways
etc.) have been proposed.
While not included in the open space calculations, the applicant intends to landscape the
drain ditch easement area (as much as may be feasible due to the restrictions regarding
improvements within said easement) to provide a buffer area for the residences from Hill
Road and to enhance the esthetics of the area.
Storm Drainage and Flood Control:
Street drainage plans shall be submitted by the applicant as required by the Subdivision
Ordinance. Specific drailllge 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 lot:; 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, anj 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 ¡md installed as required by the Eagle Fire Department.
On-site Septic System (yes or no) - Not allowed
Preservation of Existing Natural Features:
A drainage ditch courses through the site which has been determined to be a tributary of
the Boise River by the United States Army Corps of Engineers, and as such is guaranteed
certain protections by law. Eagle City Code Section 9-3-8 (B) states that existing natural
features which add value to residential development and enhance the attractiveness of the
community (such as trees, watercourses, historic spots and similar irreplaceable assets)
shall be preserved in the design of the subdivision. The applicant is negotiating with
Drainage District #2 and the Corps to install landscaping within the ditch easement area,
since improvements are limited due to maintenance and plant species concerns.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
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I.
STREET DESIGN:
Private or Public Streets:
The Hill Road extension (as shown within the 2000 Comprehensive Plan on the
TransportationlPathway Network Map #1 as a collector) and Winding Creek Drive are
required to be constmcted with the development of the Winding Creek
commercial/residential pun (located west of this site). No new public road extensions are
proposed with this development.
One 23-foot wide common access drive (as measured from back-of-curb to back-of-curb)
is to be located on Winding Creek Road approximately 145-feet east of the intersection of
Hill Road and Winding Creek Road and extends approximately 480-feet into the site.
This driveway will provide access to 38-units. The second 23-foot wide common access
drive is to be located on Winding Creek Road approximately 460-feet east of the
intersection of Hill Road and Winding Creek Road and extends approximately 125-feet
into the site to serve the remaining 8-units.
Applicant's Justification for Private Streets: None proposed
Blocks Less Than 500': No
Cul-de-Sac Design:
The westernmost common access drive will terminate in a "hammerhead" design
turnaround with the abutting garage accesses acting as the pivot points for vehicles pulling
forward into the turnaround and then backing out. The easternmost common access drive
will terminate in a "half-hammerhead" design, again with a garage access acting as the
pivot point for vehicles pulling forward into the turnaround and then backing out. Eagle
Fire Department approval of all turn-around designs is required.
Sidewalks, Curbs and Gutters:
The applicant is proposing to construct 4-foot wide (5-foot required) concrete sidewalks
separated from the back-of-curb by a five-foot (5') wide landscape strip abutting both
sides of the western driveway accessing the site. A sidewalk with no landscape strip is
proposed on the western side of the eastern driveway. While a detail of the driveways has
been shown on sheet PC-I, the detail does not match the street design as shown on sheet
PDP. This report will reference sheet PDP regarding this matter.
Five-foot (5') wide concrete sidewalks separated from the back-of-curb by a five-foot (5')
wide landscape strip abuttirlg both sides of Hill Road are to be constructed in conjunction
with the Winding Creek commercial/residential development to the east of this site. A
deviation from this design may be necessary due to the constraints placed on the drainage
ditch abutting the western side of Hill Road. Curb, gutter and a five-foot (5') wide
concrete sidewalk separated from the back-of-curb by a five-foot (5') wide landscape strip
is to be constructed along Winding creek Road abutting the southern boundary of this site.
Lighting:
Lighting for the development is required. Location and lighting specifications shall be
provided to the City Zoning Administrator prior to the City Engineer signing the final plat.
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N.
P.
Street Names:
Street name approval by th,~ 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 PEDESTRIA:'-VBICYCLE CIRCULATION:
See "Sidewalks, Curb and Gutter" under "I" above.
K.
PUBLIC USES PROPOSED: None
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
M.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
Evidence of Erosion - no
Fish - not known
Floodplain - 500-year
Floodway - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - Spoil Banks Canal - Drainage District #2
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - no
Wildlife - unknown
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
O.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is included herein by
reference. Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letters dated October 21,2003, and November
21,2003, are of special concern and are included herein by reference.
Ada County Highway District
Central District Health Department
Department of Environmental QuaLty
Eagle Sewer District
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
phases, with the first phase consisting of 20-units. Construction is anticipated to begin in
the spring of 2004 and finished in August 2004.
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R.
EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fIfe protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will nc! create excessive additional requirements at public cost for
public facilities and services.
7. That the development is prov ided 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 natura!, scenic or
historic feature of major importance.
10. That the proposed developmerlt will be harmonious with and in accordance with the general
objectives or with any specific Jbjective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific Jbjective 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
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protection, police protection, œntral water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
For a request of up to 10% of/he 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 desiglled 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 design 5 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 orienta1:Ïon, 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
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pedestrian traffic;
3. The private street provides adequate access for service and emergency vehicles;
4. The private street does not adversely affect access or good transportation planning to
adjacent property and to the area travel networks;
5. The private street does not land lock adjacent property due to topography or parcel
layout;
6. Other than to provide emergency access, the private street does not connect one public
street to another, encouraging travel through the development served by the private
street;
7. The use or alignment of the private street does not interfere with the continuity of
public streets; and
8. An appropriate mechanism has been established for the repair and maintenance of the
private street, including provisions for the funding thereof.
ST AFF 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 Commercial, suitable primarily for the
development of a wide range of commercial activities including offices, retail and service
establishments. Uses should complement uses within the Central Business District (CBD).
The Mixed Use designation, as shown in the Comprehensive Plan, is suitable primarily for a
variety of uses such as limited office, limited commercial, and residential developments. Uses
should complement uses within the Central Business District (CBD). Development within this
land use designation should be required to proceed through the PUD and/or Development
Agreement process. Residential c.ensity of up to twenty dwelling units per gross acre may be
considered by the City for this area.
Chapter 1 - Overview
1.1
City of Eagle Statement of Purpose
d. To ensure that the important environmental features of the City and its Impact Area
are protected and enhanced.
g. To ensure that the development of land is commensurate with the physical
characteristics of the land.
1.3
The City of Eagle Vision Statement
e. an environmentally aware community with distinctive open space, parks and outdoor
recreation;
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Chapter 3 - Population
3.3
Goal
To promote a high quality of life and livability in the community
Chapter 6 - Land Use
6.7
Implementation Strategies
c. Provide for a broad spectrum of housing types including apartments, townhouses,
condominiums, single family attached, manufactured homes, affordable and
subsidized housing and large acreage developments.
f.
Higher density residential development should be located closest to the Central
Business District (CBD) as shown on the Comprehensive Plan Land Use Map.
p. Encourage a variety 0:0 housing through such mechanisms as PUDs in subdivisions
including large lot subdivisions.
Chapter 9 - Parks, Recreation and Open Spaces
9.6
Open Space
Open space is land which Ì;; not used for buildings or structures and offers opportunities
for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism,
leisure activities, viewpoints, and wildlife habitat.
9.6.1
Goal
To provide wherever possible open space and natural features such as natural river
frontage, greenbelts, river trails and pathways, creeks, flood plains and flood ways,
drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and
viewpoints for public use and enjoyment.
9.6.2
Objectives
b. To provide an open space setting for active and passive recreation for all age groups
throughout the commutlity.
9.6.3
Policies
b. To encourage cluster development to retain open space.
Chapter 10 - Housing
10.3
Implementation Strategies
c. Development of housing for all income groups close to employment and
business centers should be encouraged.
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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
k. Encourage the preservation of natural resources such as creeks, drainages, steep slopes
and ridgelines as visual amenities.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-1-2 OPEN SPACE:
A common area platted ;IS a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
.
ECC Section 8-2-4 (G): A decrease of minimum lot size in a subdivision may be allowed if
there is an offsetting increase of the same square-footage in open space and a planned unit
development is applied for and approved.
.
ECC Section 8-2A-7 (4) (a) MAJOR ROADWAYS:
New residential developments, including, but not limited to, subdivisions and multi-family
developments, shall be buffered from streets classified as collectors, arterials, freeways, or
expressways, to protect re1iÍdentiai 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 lowe:¡t 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, orIS part of the common open space owned and maintained by a
homeowners' association. Any landscaping proposed to be within the public right of way
shall not be included as a part of the buffer area required below. The height for
berming/fencing, as noted below, shall be measured from the elevation of the final grade
of the adjacent roadway (measured at the center line) to the top of the proposed
berminglfencing. The required buffer area width, plantings, and fencing are as follows:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
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provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted wi:h two (2) flowering/ornamental trees, provided that not more
than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') hIgh, maximum eight foot (8') high, berm, panelized vinyl fence,
decorative block wall, or cultured stone, decorative rock, or similarly designed concrete
wall, or combination thereof shall be provided within the buffer area. The maximum slope
for any berm shall be three feet (3') horizontal distance to one-foot (1 ') vertical distance. If
a panelized vinyl fence, decorative block wall, or cultured stone, decorative rock, or
similarly designed concrete wall is to be provided, in combination with the berm, a four
foot (4') wide flat area at the top of the berm shall be provided for the placement of the
fence or decorative block wall. Panelized vinyl fencing shall be no higher than four feet
(4'). Chain link, 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 d::welopment (PUD) to achieve the following:
A. A maximum choice of living environments by allowing a variety of housing and
building types and permi:ting an increased density per acre and a reduction in lot
dimensions, yards, building setbacks and area requirements;
B. A more useful pattern of open space and recreation areas and, if permitted as part of the
project, more convenience in the location of accessory commercial uses, industrial uses
and services;
C. A development pattern which preserves and utilizes natural topography and geologic
features, scenic vistas, tree s 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 su bstantial 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 Jwners 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, recreltion and related uses. Public utility and similar easements and
right of way for watercour;)es 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 tte council.
.
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:
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B. Natural Features: Existing natural features which add value to residential development
and enhance the attractiveness of the community (such as trees, water courses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the development.
C. Special Developments: In the case of planned unit developments and large-scale
developments, the Council may require sufficient park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
development.
.
ECC Section 8-7-3-5: CONDITIONAL USE PERMIT:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may
be attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration ~f 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 restricthe standards than those generally required in this Title.
C. SUBDIVISION ORDINANCE PROVISIONS
REGARDING THIS PROPOSAL:
WHICH
ARE
OF
SPECIAL
CONCERN
.
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 development and enhance the
attractiveness of the community (such as trees, watercourses, historic spots and similar
irreplaceable assets) shall b~ preserved in the design of the subdivision.
.
ECC Section 9-5-4-3 (C) Storage Areas:
Storage areas shall be provided for the anticipated needs of boats, campers and trailers.
For typical residential development, one adequate space shall be provided for every two
(2) living units. This may be reduced by the City Council if there is a showing that the
needs of a particular development are less.
.
ECC Section 9-5-4-3 (E) Maint~nance Building:
A maintenance building shall be provided of such size and in such location as is suitable
for the service needs that are necessary for the repair and maintenance of all common
areas.
D. DISCUSSION:
.
The 2000 City of Eagle Comprehensive Plan's Land Use Map designates this site as Commercial,
with a current zoning designation cf C-2 (General Business District). On November 3, 2003, the
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Eagle Planning and Zoning Commission recommended approval of a rezone of the subject
property to MU-P (Mixed Use with PUD) for the construction of a residential/commercial
development (Winding Creek POO). This subject parcel, as identified in public testimony, was to
be developed at a later date with residential uses, which is now the subject of this application.
.
The applicant has submitted an application for a conditional use permit and planned unit
development for the construction of nine (9) multi-family dwellings (townhouses); a preliminary
plat application has not been submitted. This POO is not intended to act as a preliminary plat,
rather it is the applicant's intent to provide the City a concept of the development and to receive
approval of the concept prior to putting forth the expense to create engineered drawings. Staff
believes that this method is appropriate in that the POO is similar to a development agreement
with a concept plan; i.e. certain de\'elopment criteria of a project are detailed, and in this instance,
a subsequent preliminary plat will "guarantee" the conditions of the PUD.
.
The applicant is proposing to constJUct a development consisting of lots ranging in size from 4,418
square feet to 4,935 square feet to axommodate a neighborhood of townhouses, which incorporate
design features that give the appearance of a large house as opposed to a long box of dwelling
units. The four and six-unit structu~es will be divided through a condominium plat in order for the
individual units to be privately owned, with the building exterior and the ground upon which the
structure sits to be maintained b~1 the homeowners association. No individual yards will be
provided; rather the majority of the yard area is located within a common open space surrounding
the buildings. With this type of development, deviations from standard minimums within the code
are to be considered, including setbacks, lot size and width.
The applicant has requested to divide the residential lots into areas (as noted above) which are
reduced in size from the required minimum area of 7,000 s.f. for the MU 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. This POO, as proposed, would meet the aforementioned criteria since the 2.34-
acres (59%) of the site has been set aside for open space (1.06 acres is the minimum required and
does not include the drainage easement area).
.
The applicant has requested the following setbacks for the townhouses within this development:
Front
Back
Interior Side
Street Side
24-feet (from drive aisle to garage)
47-feet (from Hill Road)
lO-feet (from eastern property line)
15-feet (from Winding Creek Road)
The setbacks are proposed to be measured from the property's perimeter property lines (not from
the individual lot property lines) to allow the residential dwelling units to be constructed within the
entire residential lot (zero lot lines), When the buildings are shown in relation to the open space,
landscaping and common access drives, the setbacks on each individual building footprint appear
to be a non-issue since the buildings are proposed to be located a minimum of thirty-feet (30')
apart from one another. Staff will defer to the Planning and Zoning Commission and City Council
regarding the setbacks for this development. However, as required within Eagle City Code
Section 9-3-7 (A), 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. Staff
recommends that the street side setback be a minimum of 20-feet from Winding Creek Road to
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accommodate the 20-foot wide land scape buffer.
.
The applicant has requested a waiv.~r from the requirements of a pressurized irrigation system, not
from the installation of the system, but rather from the use of irrigation water, since no water rights
for irrigation water are apparent OIl the site. A letter from the Eagle Water Company should be
submitted which states that water service will be provided to the site, including for the use of
irrigation. Staff will defer to the City Council regarding the use of a central water service provider
for a pressurized irrigation system to serve all lots in the development in lieu of utilizing irrigation
water, since no water rights are app.uent on the site.
.
ECC Section 9-5-4-3 (E) requires that a maintenance building be provided of such size and in such
location as is suitable for the service needs that are necessary for the repair and maintenance of all
common areas. Typically, the app:icant requests to deviate from this ordinance and requires that
an outside contractor be hired b:r 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 thl~ 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 constJUct the maintenance building prior to City Clerk signing the
final plat.
ECC Section 9-5-4-3 (C) requires t]1at storage areas be provided for the anticipated needs of boats,
campers, and trailers. Typically, the applicant requests to deviate from this ordinance and requires
that the CC&Rs specify that the storage of boats, campers, and trailers are to be in an enclosed
building. The applicant should provide more detail as to where the enclosed building is to be
located, i.e. upon each individual lot or in a central common area. If the Council determines that
individual lot storage is more appropriate than a common storage facility, the applicant should
provide a copy of the CC&Rs for review which define the proper storage of the boats, campers and
trailers. If a common storage area is required, then the applicant should be required to obtain
design review approval and should construct the storage area prior to City Clerk signing the final
plat.
STAFF RECOMMENDATION PROVInED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
conditional use permit and prelininary development plan 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 te~timony was taken and the public hearing was closed to oral
testimony. The public hearing for written testimony was continued to December I, 2003, and 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 proposaJ was presented to the Planning and Zoning Commission by no
one (other than the applicantlrepresenta:ive.
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COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of CU-12-03/PPUD-5-03 for a conditional
use permit and preliminary development plan for Winding Creek East 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 APF'ROV AL:
1.
Comply with all site specific recommendations provided within the City's engllleenng firm's
(Holladay Engineering) letter~ dated October 21,2003, and November 21,2003.
2.
Comply with all conditions of the November 18,2003 Ada County Highway District report, including
but not limited to the construction of Hill Road from State Street to the northern property line and
Winding Creek Road from the westem terminus of Academy A venue to Hill Road, in conjunction
with the Winding Creek PUD Subdivision (PP-6-03). Hill Road shall be constructed with a
landscaped center island (as required with the Winding Creek PUD Subdivision (PP-6-03)) traveling
the maximum length of the roadway, and may be non-continuous in sections to allow adequate center
turn lane spacing to accommodate turning movements. The Hill Road extension and Winding Creek
Road shall be constructed and said construction approved by the Ada County Highway District prior
to the issuance of any building permits.
3.
The applicant shall submit a preliminary plat application in compliance with the conditions approved
herein.
4.
Comply with all reqüireæeRts of Staff will present to the City Council all applicable conditions of RZ-
6-03/CU-IO-03/PPUD-3-03/PP-6-03 (Winding Creek POO Subdivision) that are relevant to this
portion of the development.
5.
In coordination with the Winding Creek PUD Subdivision, construct curb, gutter and a meandering
five-foot (5') wide concrete sidewalk along State Street Winding Creek Road east of the Hill Road
extension abutting this site, prior to the issuance of any building permits for the site. Construction
drawings, which comply with all requirements of the Ada County Highway District, shall be reviewed
and approved prior to the commencement of construction.
6.
The applicant shall provide documentation stating that all requirements of the Army Corp of
Engineers (including items such as a 404 permit) and the Idaho DepartæeRt of LaRds Drainage
District No.2 have been complied with, or are conditions of compliance, regarding any alteration and
landscaping of the ditch abutting the Hill Road extension. The ditch shall remain open except for the
portion crossing the Hill Road right-of-v@):'..
7.
The developer shall provide 3-inch mimmum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) abutting both sides of the western common access drive,
and along the western side of the eastem drive. Trees shall be placed at the front of each multi-family
dwelling, located in the 5-foot wide landscape strip between the concrete sidewalk and the curb, or as
approved by the Design Review Board 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 insJ:alled prior to obtaining any occupancy permits for the homes.
A temporary occupancy may be issued if weather does not permit landscaping.
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8.
The open space, building configura:ion and common access drive configuration shall remain
substantially as shown on the preliminary development plan date stamped by the City on October 9,
2003.
9.
The applicant shall provide a letter from the Eagle Fire Department approving of the turnaround
design for emergency vehicles (located at the terminus of each common access drive), with the
submittal of a preliminary plat application.
10. 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.
11. Provide a note on the plat as well as a statement in the CC&Rs that states there shall be no parking
allowed within the 23-foot wide common access drives. "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.
12. Provide a note on the preliminary plat and within the CC&Rs stating that homeowners have the
perpetual right of vehicular and pede~;trian ingress and egress over common lot Lot 1, Block 3, to
provide access from the public right-of-way to the dwellings within the common lot, and that the
perpetual easement shall run with the land.
13. Construct six-inch (6") vertical curb, with gutter and five-foot (5') concrete sidewalk separated from
the back of curb by a five-foot wide landscape strip abutting both sides of the western common access
drive, and along the western side of the eastern drive, as shown on the preliminary development plan
date stamped by the City on October 9, 2003. Plans detailing the improvements shall be submitted for
review and approval by the City Engineer prior to City approval of a final plat.
14. Twelve-foot (12') wide utility easements abutting all perimeter boundary lines, or as deemed
necessary shall be shown on the preliminary plat.
15. If approved by the City Council, the applicant is permitted to use potable water for the subdivision's
pressurized irrigation system; the applicant shall provide construction drawings showing service to
each lot for review and approval by the City Engineer, and the Eagle Water Company. The system
shall be designed to meet all standard:; as required by the City Engineer, and are to be reviewed and
approved by the City Engineer, prior to the City approving a final plat.
16. The applicant shall submit a design review application showing proposed landscaping to be located
within the common areas for review and approval by the Design Review Board prior to City approval
of a final plat.
17. The applicant shall coordinate with Drainage District No.2 regarding ditch maintenance access and
landscape improvements with the ELgie Drain ditch easement abutting the northern and eastern
boundaries of this property. Plans d~tailing the improvements within the ditch easement shall be
submitted for review and approval by the Design Review Board prior to City approval of a final plat.
The applicant shall provide a coPY of a recorded license agreement from Drainage District No.2
stating their approval of the ditch acce!:s agreement, prior to City approval of a final plat.
18. With the submittal of the preliminary plat, an approval letter and an approved license agreement from
Drainage District #2 regarding any drain ditch modifications shall be provided.
19. The applicant shall provide a clause within the CC&Rs explaining all restrictions associated with the
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Eagle Drain easement, including items such as maintenance procedures and the right for Drainage
District No.2 to access the easement throHgh this site according to the terms of the license agreement
as noted in condition no. 17 of this doclJment.
20. The applicant shall place a note on tte plat and within the CC&Rs that all common lots are to be
owned and maintained by the Winding Creek East Homeowner's Association.
21. Final development plans shall be reviewed as "New Business" items and not as "Public Hearing"
items unless the City determines that my difference between the preliminary development plan and
final development plan needs additioml 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).
22. Useable amenities such as, picnic tabl<~s, 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.
23. 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, as measured from the perimeter
boundary of the development:
Front
Back
Interior Side
Street Side
24-feet (from common access drive to garage)
47-feet (from Hill Road)
lO-feet (from eastern property line)
20-feet (from Winding Creek Road)
The additional 5-foot setback required for two story structures shall be waived for the front, rear,
back and street sides of all units within the subdivision. All multi-family structures shall have a
minimum separation of 30-feet fron other multi-family structures.
24. Subdivision signage, common area, :;treet trees, existing trees, pathways, buffer areas, perimeter
fencing, etc., shall be reviewed and approved by the Design Review Board prior to the submittal of a
final development plan and final plat.
25. The applicant shall submit a master building design plan that shows general design criteria including
composition, color, materials, and architectural themes to be incorporated into the construction of all
commercial buildings on the site, with details showing how each building will compliment the others
with said design elements. The master plan shall be reviewed and approved by the Design Review
Board prior to the issuance of any building permits for the site.
26. Place a note on the plat stating that no access (other than those approved with this application) to State
Street, Hill Road and Academy Street ~:hall be permitted.
27. The Winding Creek East development shall remain under the control of one Homeowners
Association.
28. The CC&Rs for the Winding Creek Elst Homeowner's Association shall provide that the association
shall have the duty to maintain and operate all of the common landscape areas in the development in a
competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
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and trees.
29. The CC&Rs for the Winding Creek Elst Homeowner's Association shall provide that the storage of
any vehicles, whether they be automobiles, recreational vehicles and equipment, watercraft and the
like shall only be stored in an enclosed garage upon each Lot, and are prohibited from being parked or
stored on any driveway access. The Ipplicant 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.
30. An outside maintenance contractor shall be hired by the Winding Creek East Homeowner's
Association to care for the common areas within the development. The applicant shall provide a copy
of the CC&Rs for review by the City Attorney which define the guidelines for the contracting of an
outside maintenance fmn, prior to the City Clerk signing the final plat.
31. 46 dwelling units (nine multi-family buildings) are approved with this application. All home design
shall reflect the architectural qualities as shown on the colored rendering date stamped by the City on
October 15, 2003.
32. The applicant shall take care to locate ¡md 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 tuilding permits for the site.
STANDARD CONDITIONS OF APPRO V AL:
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 sidewalk~.
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 fiml 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 Resourœs 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 itldividual 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
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9.
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.
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 drawin~;(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
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, caml company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a man ner 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 light-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 fmal plat by the Eagl~ City Engineer.
13.
The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagl,~ City Code, prior to the City Engineer signing the final plat.
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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 protecti:m 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 associaticn 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, recreatiom.l facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed by the Eagle City Attorney prior to the
City Engineer signing the final plat
16.
Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to tbe 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 ap¡:lication for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision sign age prior to the City Engineer signing the
final plat.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19.
Conservation, recreation and riverlccess easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20.
The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
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24.
25.
26.
27.
28.
29.
30.
31.
21.
The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23.
The applicant shall obtain written 2pproval of the development relative to the effects of the Boise
River Flood Plain (if applicable) fDm 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
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 b:t 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 applicatiJn does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
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any and all water rights, claims in a1Y way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was receiv ~d by the City of Eagle on October 9, 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 October 28, 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 October 22, 2003. Requests for agencies' reviews
were transmitted on October 10, 2003, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particu lar facts and circumstances of this proposed conditional use
permit and preliminary development plan (CU-12-03/PPOO-5-03) and based upon the information
provided concludes that the proposed development is in accordance with the City of Eagle
Comprehensive Plan and established goals as proposed with the conditions herein:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community because;
The POO will provide a development that creates a neighborhood of unique, attractive multi-
family (townhouses) near the Centr,ll Business District which contributes to an active downtown
area. Commercial uses and community events will gain stronger support since higher density
residential uses in close proximity 1:> the Central Business District would promote pedestrian travel
to local establishments rather than via automobiles to distant establishments.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the I~xisting or intended character of the general vicinity and how
such use will not change the essential character of the same area because;
The Winding Creek East developm~nt has been designed to incorporate traditional architectural
features reminiscent of the craftsman and classic style designs. The townhouses will have the
appearance of a large house (rather than as a series of dwellings attached together) which is
compatible with the design of single-family dwellings located further north of this site. The
character of the general vicinity will change only in a modest manner since this development is
designed to provide higher density iving with a single-family dwelling character.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The development will have access to both Winding Creek Road and Hill Road; vehicles will not
travel through any existing neighborhoods which would cause additional traffic upon local
roadways. The housing is of a compatible character with the existing residences further to the
north, and will act as a beneficial tnnsitional use from the commercial properties to the south and
east of this site.
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;
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The proposed dwelling units on the site will be compatible with the existing development
surrounding this site, with no major impacts expected since this development should only develop
normal traffic patterns that would bl~ related to a residential development. The residential uses will
not involve activities that create noise, odors or fumes, and will only have access to new roadways
which are to be constructed with the Winding Creek development.
5. That the development will be serv;xl 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 tOJe 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. The addition of more residences
to the area may help facilitate the ccnstruction of new buildings within the school system.
6. That the development will not cre,te 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 oth(:r special features which would not typically be provided in a
non-POO proposal because;
The development plan was designed with consideration to preserve and enhance the natural
environment of the drainage ditch t~ at abuts the northern side of the development. The
development has also been designed with open space located in areas between the dwelling units
with no individual yards; rather one common yard would serve all the residents, lending the
opportunity for residents to share thl~ amenities this development will provide rather than being
wholly secluded within individual p:ivate spaces.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfare!: because;
Access to the development will be from Winding Creek Road and Hill Road, with the design and
construction of the roadways and entrances to be guided by the Ada County Highway District.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
The applicant is negotiating with Drainage District #2 and the Army Corps of Engineers to install
landscaping within the ditch easement area that courses through the site, which has been
determined to be a tributary of the Boise River. The applicant will preserve the existing features
of the ditch to add value to the development and will install landscaping to enhance the
attractiveness of the area to the community.
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10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objel:tive of the Comprehensive Plan because;
The proposed development fits wel] with the Comprehensive Plan since the Plan calls for a diverse
mix of housing stock and urban-typ~ growth of residential uses located close to the downtown. In
addition, the close proximity of the townhouses to the downtown will contribute to a pedestrian
friendly environment since resident:; can easily walk to local establishments.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objel:tive 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 applications for a preliminary plat and design review and comply with all Eagle City Codes
and conditions of approval of the preliminary plat and design review.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations because;
The location of this development, with the quality of material, amenities and unique features of the
site, create a development that i1: distinctive to the City. The density of this development
(approximately twelve (12) dwelling units per acre) demonstrates that a higher density
development can be situated close 10 the downtown to support the commercial establishments and
events that the Central Business District offers, and not overcrowd the land with structures such
that there is little or no open space left for recreation. Further, the enhancement of the drainage
ditch, which may be considered a hindrance to development (since the ditch easement restricts the
type of improvements located within said easement), adds a landscaped amenity and visual open
space that is not prevalent in other developments.
4. Pursuant to Eagle City Code 8-7-3-:; (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 15th day of December 2003.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
A~~' IlL-
Steve C~Chainnan
ATTEST:
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