Findings - PZ - 2005 - A-11-04/RZ-17-04/CU-10-04/PPUD-3-04/PP-9-04/VAC-2-04 - A/Rz From Rr To R2p,R4p And Mup/Eaglefield Estates/142.4 Acre/419 Lots
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
AN ANNEXATION, REZONE, CONDITIONAL
USE, PRELIMINARY DEVELOPMENT PLAN,
PRELIMINARY PLAT AND V ACA TION FOR
EAGLEFIELD ESTATES PLANNED UNIT
DEVELOPMENT FOR: EAGLEFILD, LLC.
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A -11-04/ RZ-17 -04/CU-I 0-04/PPUD-3-04/PP-9-04N A C-2-04
The above-entitled Planned Unit Development application came before the Eagle Planning and Zoning
Commission for their recommendation on September 19.2005 and October 3, 2005. The public hearing
was closed 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:
Eaglefield, LLC, represented by Landmark Engineering & Planning Inc., is requesting an
annexation and rezone from RR (Residential Rural) to R-2-P (Residential up to two units
per acre PUD), R-4-P (Residential up to four units per acre PUD) and MU-P (Mixed Use
PUD), conditional use, preliminary development plan, preliminary plat and vacation of
right-of-way approvals for Eaglefield Estates Subdivision planned unit development. The
142.4-acre, 419-lot (377-buildable-362 single family lots and 15 four-plex lots, and 44
common) residential subdivision is generally located 650-feet west of Linder Road and
north of State Highway 44.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on August 31, 2005.
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 1,2005. 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 August 29, 2005. Requests for agencies' reviews were transmitted on August 16,
2005 in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:NONE
E. COMPANION APPLICATIONS: All applications for the PUD are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
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See attached justification letter date stamped by the City on September 8, 2005, provided
by the applicant's representative.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing High Density Residential RR (Rural Residential- Single Family Dwelling &
Transitional Residential (See Ada County designation) agriculture
Staff discussion on pg. 25 ),
Residential Two (up to 2
units/acre)
Proposed High Density Residential MU-DA-P (mixed use Single Family, Residential
Transitional Residential (See with a development Planned Unit Development
Staff discussion on pg. 25 ), agreement),R-4-DA-P
Residential Two (up to 2 (Residential with a
units/acre) development agreement),
R-2-DA-P (residential
with a development
agreement) Overall
density of 2.73 units per
acre
North of site Residential Two (up to 2 AR (Agricultural Proposed Legacy
units/acre) Residential) Development
South of site High Density Residential State Street & Single Family
Transitional Residential (See RR (Rural Residential- Dwelling
Staff discussion on pg. 25 ), Ada County designation)
East of site High Density Residential RR (Rural Residential- Single Family. Residential
Transitional Residential (See Ada County designation) Planned Unit Development
Staff discussion on pg. 25 ),
West of site High Density Residential RR (Rural Residential- Single Family Dwelling &
Transitional Residential (See Ada County designation) agriculture
Staff discussion on pg. 25 ),
Residential Two (up to 2
units/acre)
H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
I. SITE DATA:
Total Acreage of Site - 142.4 Acres
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Total Number of Lots - 384
Residential - 344
Common - 40
Total Number of Units - 389
Single-family - 329
Multi-Family - 60
Existing - 1
Proposed - 389
Total Acreage of Any Out-Parcels - 0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 2.73 units/Acre High Density Residential-
6/Acre (7.6% of the site)
Transitional Residential
(36.6% of the site)
Residential Two- up to 2
units per acre (55.7% of the
site)
Estimated overall: See Staff
discussion on pg.25.
Minimum Lot Size: MU: 10,000 sq. ft 7,000 sq. ft
R-4: 5,500 sq. ft. 8,000 sq. ft
R-2: 8,000 sq. ft 17,000 sq. ft
Minimum Lot Width
MU: 50 ft 50 ft
R-4: 50 ft 70 ft
R-2: 75 ft 75 ft
Minimum Street Frontage 35-ft.
MU: 35 ft.
R-4: 35ft.
R-2: 35 ft.
Total Acreage of Common Lots 23.7 -acres 10% Minimum
(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 as Common Area 16.7% 10% Minimum
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J. GENERAL SITE DESIGN FEATURES:
Open Space and Design:
The proposed PUD will provide a total of 23.7 acres (16.7%) of usable common area. The
proposed common area is a combination of linear pathways, swimming pool, clubhouse,
tot lots and playing fields and large ponds. A minimum of 10% open space is required
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.
Storm Drainage and Flood Control:
Street drainage plans have been 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&R's are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) - not allowed.
Preservation of Existing Natural Features:
The site is currently open pasture and agricultural land wherein there are few existing trees
on site. All trees on the site shall be reviewed by the City Forester and the Design Review
Board for retention.
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.
K. STREET DESIGN:
Public Streets:
The applicant has modified their application to request a single access point to Linder
Road via a new residential collector road (Pelston Street) to be constructed from the site
east to the intersection of Linder Road and Escalante Drive. Golden Crown Way and
Pelston Street are 58-foot wide (58') residential collectors with vertical 6" curb and five-
foot (5') wide grass swales/landscape strips a seven-foot (7') wide detached asphalt trail
is proposed on both sides of the roadway outside of the right of way. Pelston Street
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Changes from a residential collector to a local road just north of the intersection with
Tatlock Drive. The applicant is proposing to construct two local roadway cross sections
within the project. A 52-foot wide (52') cross section with a (5') wide grass
swales/landscape strips and five-foot detached sidewalk outside of the right of way. And
a reduce roadway cross sections for the areas knows as "The Gables" and 'The Cedars"
of the and a 50-foot wide (50') cross section, 29-foot wide (29') from back of curb to
back of curb, with a (6') wide landscape strips and five-foot detached sidewalk on both
sides. On-street parking will be limited on these streets to one side.
There are eight (8) knuckles proposed within the development at the following
intersections:
Intersection of Durning Street and Bevington A venue
Intersection of Bevington A venue and Tatlock Drive
2 located along Stockhelm Drive
2 along Tullshire Way
Intersection of Steadmoore Drive and Tullshire Way
Intersection of Parkfield Way and Stowell Drive
Cul-de-sac Design:
Five (5) Cul-de-sacs are proposed:
W. Demison Drive: 160-feet in length 50-foot radius
W. Durning Court: 600-feet in length 50-foot radius
W. Combermere Court: 440-feet in length 50-foot radius
West side ofW. Cavendate Court: 320-feet in length 50-foot radius
East side ofW. Cavendate Court: 320-feet in length 50-foot radius
N. Morely Green Place: 400-feet in length 50-foot radius
N. Bowden Court: 32-feetin length 50-foot radius
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting both sides of all
interior roadways, including the main entrance boulevard. No sidewalk improvements are
shown along State Street; a detached sidewalk is required at this location.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior streets. (See public street design above)
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
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Street Names:
Street name approval by the Ada County Street Name Committee is required prior to final
plat. Any modifications of street names shall be completed before final plat approval.
L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian walkways are provided through the detached sidewalk system and through the
multi-purpose pathway system as a portion of the open space design.
Bike Paths:
Cyclists will have access to the proposed pathway system and the required on-street bike
lane throughout the development. Eagle City Code section 9-4-1-7 states that a bicycle
pathway shall be provided in all subdivisions as part of the public right-of-way or separate
easement, as may be specified by the City Council.
M. PUBLIC USES PROPOSED:
See "Open Space" noted above.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - Yes, see tree preservation section above
Riparian Vegetation - no
Steep Slopes -no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An EAP plan was submitted with this application. A review of the EAP has been
completed by the City Engineer. Their comments are attached hereto and are incorporated
herein.
Q. 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 14, 2005, are of special
concern (incorporated herein by reference).
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Ada County Highway District
Ada County Street Name Committee
Boise River Flood Control District
Central District Health
Division of Environmental Quality
Drainage District #2
Eagle Fire District
Eagle Sewer District
Idaho Department of Transportation
Meridian School District: Letter includes a warning that all schools are over capacity
Middleton Mill Ditch Company
R. LETTERS FROM THE PUBLIC:
Scott Reeser -Expressed concerns about the density of the four-plex area south of W.
Pelston Street and requests a stub street to his parcels from the project from both the south
and the west. (Would prefer south if only one is granted)
S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing six (6) phases for the development. A projected build out of
the entire development is anticipated within 5-years of final plat approval.
T. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
I. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
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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 cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open space,
recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been provided
by the developer.
16. That suggested public (or private) means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
2000 EAGLE COMPREHENISVE PLAN
CHAPTER 6 - LAND USE
6.3 Land Use Designations
Residential Two
Suitable primarily for single family residential development within areas that are
rural in character.
Transitional Residential
Residential development that provides for a transition of density within the
planning area while keeping in context the density, scaling and lot sizes of
existing or proposed uses. Commonly requires changes in lot dimensions and
scaling, see specific planning area text for a complete description.
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Residential Six Plus
Suitable primarily for multi-family housing including apartments, town homes and
duplexes within the urbanized setting adjacent to designated transit corridors.
6.7 Implementation Strategies
(6.7a) Preserve the natural features and resources of Eagle;
(6.7b) Establish land use patterns and zoning districts that do not exhaust
available services such as sewer, water, police, fire, recreational areas, highways
and transportation systems.; and
(6.7c) 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.
(6.7j) Farm related uses and activities should be protected from land use conflicts
or interference created by residential, commercial, or industrial development. The
Idaho Right To Farm Act should be promoted.
CHAPTER 7 - NATURAL RESOURCES AND HAZARD AREAS
7.9 Goal
Special concern and attention should be given to the preservation offish, wildlife,
water resources, air quality, agriculture, open space and recreation-nature areas
when implementing planning and zoning decisions.
CHAPTER 8 - TRANSPORTATION
8.6 Implementation Strategies
(8.6a) Work in conjunction with the Ada County Highway District (ACHD),
Idaho Transportation Department (ITD), and Ada Planning Association (APA) to
classify roadways on the City of Eagle TransportationlPathway Network Maps #1
and #2 incorporated into this Comprehensive Plan by reference. The Maps are to
assure conformity to designations as delineated on the Land Use Map. The maps
shall be provided to the Ada Planning Association for input into the Ada Planning
Association's Functional Street Classification Map and Regional Transportation
Plan.
(8.6b) Integrate all modes of travel to support air quality improvement measures;
and
(8.6e) Encourage new development to provide for pedestrian, equestrian, and
bicycle circulation in accordance with the City of Eagle TransportationlPathway
Network Maps #1 and #2, adopted local and regional pathway plans, as may be
needed for intra-neighborhood connectivity and to ensure that bike and pedestrian
traffic is not unnecessarily pushed out onto arterials and collectors.
(8.6c) Encourage roadway design standards that are consistent with the Idaho
Transportation Department (ITD), Ada County Highway District (ACHD), Ada
Planning Association (APA), and other agencies that may be responsible for
roadway planning and design;
(8.6m) Establish and require minimum setbacks between developments and
roadways and to encourage installation of berms and landscaping for all
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developments to enhance safety and to enrich the roadway and community
appearance; and
(8.6p) 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.
(8.6i) Encourage street lighting to increase roadway and neighborhood safety
while preserving a rural environment free of any unnecessary lighting.
CHAPTER 9 - PARKS, RECREATION AND OPEN SPACES
9.5.2 Objectives
(9.5.2a) To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
(9.5.2b) To provide a network of central and neighborhood paths where residents
are able to safely access and utilize pathways for alternative forms of
transportation.
(9.5.2e) All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public pathway
system.
9.6 OPEN SPACE: Open space is land which is not used for buildings or structures
and offers opportunities for parks, recreation, water amenities, greenbelts, river
trails and pathways, tourism, leisure activities, viewpoints, and wildlife habitat.
(9.6.1 Goal) To provide wherever possible open space and natural features such
as natural river frontage, greenbelts, river trails and pathways, creeks, flood plains
and flood ways, drainage ways and canals, development buffers, wooded areas,
grasslands, foothills, and viewpoints for public use and enjoyment.
(9.6.2 Objectives) 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.
(9.6.2b) To provide an open space setting for active and passive recreation for all
age groups throughout the community.
(9.6.2c) To protect against hazards that are inherent to flood plains, flood ways,
steep slopes, and areas of geological instability.
(9.6.2d) To protect the natural lay of the land (e.g., minimize land disturbance).
(9.6.2e) To protect such unique environmental areas as historical, geological, and
archaeological sites and monuments, natural areas, and wildlife habitat.
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(9.6.2f) To protect important views, vistas, and panoramas of the community's
natural setting and environment.
CHAPTER 10 - HOUSING
10.3 Implementation Strategies
(10.3a) A wide diversity of housing types and choice between ownership and
rental dwelling units will be encouraged for all income groups.
(1 0.3b) The location of all housing should be coordinated with provisions for
adequate public facilities and services.
CHAPTER 11 - SPECIAL AREAS AND SITES
11.4 Implementation and Strategies
(11.4a) Protect and improve natural and man-made waterways.
(11.4g) Preserve existing trees and establish appropriate landscaping as a part of
new developments.
(11.4h) Encourage the preservation of habitat areas which provide for fish and
wildlife.
(11.4i) The City may require developers to prepare and submit an environmental
assessment and any such additional reports as the City may from time to time
require, for any development on land within an area designated as a Special Area
or Site or for any development impacting a designated Special Area or Site.
CHAPTER 12 - COMMUNITY DESIGN
12.4 Implementation Strategies
(12.4a) Establish and maintain a development pattern and design criteria in
keeping with the rural transitional identity of Eagle. This includes growth within
the Impact Area that discourages or precludes the establishment of other City
centers.
(12.4c) The floodway shall be reserved as a natural state such as a greenbelt,
wildlife habitat, and open space recreational area and for agricultural uses.
(12.4k) Encourage the preservation of natural resources such as creeks, drainages,
steep slopes, and ridgelines as visual amenities.
(12.41) Encourage the development of pathways and open-space corridors
throughout the City.
(12.40) Encourage the planting and preservation of trees that will create beauty
and add to the healthy environment of downtown (see Eagle Tree Plan below).
(12.4q) Maintain the rural residential character and open space environment in
and around the City.
12.5 Eagle Tree Plan
(12.5.1 Goal) To establish and enhance areas of tree growth that will create
beauty, add to a healthy environment and increase economic stability.
(12.5.2 Objectives) To create an urban forest that will help reduce air and noise
pollution, conserve water and reduce soil erosion, assist in modifying the local
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climate, increase property values, and improve Eagle's economy by providing a
pleasant and more comfortable place to shop and live.
SOARING 2025 PLAN
Chapter 2-Community Design
2.3 Goals
Sustainability at build out (2025): Ensure the ability for the city to continue to
fund, improve and support itself, including infrastructure and parks, without the
use of building permit fees, impact fees and zoning fees.
Preserving Regional Transportation Corridors (State Highway 16 & 44):
Preserve the function of regionally significant roadways through the City while
ensuring compatibility with land uses and design standards of the City.
Identify "Activity Centers": Identify areas that due to the nature of existing
uses, future uses and/or transportation corridors will lend themselves to increased
activity and non-residential use so to preserve larger areas as primarily residential
neighborhoods.
a. Provide increase residential density along the State Highway 44 and State
Highway 20/26 corridors when accompanied by alternative access plans.
b. Maintain a Vision Map that encapsulates the intent and opportunities
contained in the Comprehensive Plan. (See Map 2.1)
k. State Highway 44, State Highway 20/26, State Highway 16 and the
proposed east west collector are designed as scenic corridors requiring
landscaped setback and separated meanderings sidewalks.
n. Elementary and middle schools should be located in residential
neighborhood to facilitate walking and reduce busing costs for the district.
Elementary and Middle schools may be located on collector roadways as
defined by the Regional Functional Classification Map, High School
maybe located on arterials.
Chapter 3-Economic Development
3.3 Goals
Identify areas that, due to the nature of existing uses, future uses and/or
transportation corridors, will lend themselves to increased activity and nonresidential
use so as to preserve larger areas as primarily residential
neighborhoods.
c. Encourage the interconnectivity of residential and nonresidential areas
within the western planning area to the existing CBD and greenbelt
system.
Chapter 4-Public Facilities and Services
4.2.1 School Goals
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Support the safe maintenance and construction of the public school system
emphasizing quality school facilities that serve as a focal point for family and
community activities.
c. Elementary and middle schools shall be located in residential
neighborhood to facilitate walking and reduce busing costs for the district.
Elementary and Middle schools may be located on collector roadways as
defined by the Regional Functional Classification Map, High School
maybe located on arterials.
e. Encourage the joint siting of schools and parks whenever possible.
4.6.1 Domestic Water Goals
Ensure a safe, reliable and cost-efficient water supply, distribution system and
storage reservoir to support water demands of current users and projected
demands of land development in accordance with the Eagle Comprehensive Plan.
Develop a groundwater supply and water storage system to provide for domestic,
emergency, and fire flows that meet federal, state and local standards and the
service demands of development. (See Map 4.3)
Develop an interconnected water system owned and operated by the City.
Protect groundwater quality and conserve the natural groundwater resource.
Ensure water service shall provide a minimum of 40 psi and a maximum of 85-90
psi, and fire flows of 1,500 gallons per minute, in accordance with state
requirements.
Promote the utilization and reuse of surface water sources for non-potable uses
such as irrigation and water amenities.
Ensure that the cost of new and upgraded water facilities is borne by those who
benefit from them.
4.7.1 Irrigation Water Goals
Protect the existing irrigation system and increase use or reuse of the surface
water resource for park, residential and commercial landscape irrigation and water
amenities.
Maintain irrigation standards that promote the conservation and reuse of surface
water.
Ensure that new development incorporates existing irrigation water for landscape
irrigation and water amenities when water rights are available on-site or by means
of appropriation or transfer.
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Maintain surface water rights within general areas of use to ensure adequate
supply for the enjoyment of amenities such as city parks and greenbelts.
a. Encourage policies such as the lining of ponds to maximize the use of
water resources.
b. Develop an irrigation water policy and standards for construction for
guidance in the preparation of pressurized irrigation plans.
c. Pursue the acquisition and development of surface water rights for use in
parks and greenbelts.
d. Communicate with irrigation districts and companies to provide adequate
protection of canals to ensure future access and operation of canal system
for domestic irrigation.
e. Establish water rates for potable water used for irrigation that encourage
use of surface water as the first alternative for development.
4.9.1 Sewer Goals
Ensure that sewerage and effluent disposal utilities expansion and extension will
keep pace with and be available in a timely manner to development projects
within the City.
Ensure that sewerage and disposal facilities development will not through
insufficiency foster impediments to orderly and appropriate development of the
City as set forth in other sections of this Comprehensive Plan.
Provide assurance of Eagle's capability to sustain orderly and appropriate growth
by maintaining awareness of Eagle Sewer District's plans for expansion and
schedules for extension, and reviewing how these plans fit with the known plans
of the development community in Eagle.
a. Consult at regular interval with Eagle Sewer District regarding its
expansion and extension plans.
b. Compare what is known ofESD expansion plans with City's information
regarding planned development within the City and Impact Area.
c. In the event that ESD is unwilling to provide central sewer service the
City should maintain knowledge of alternatives available to the City to
take action that might expedite necessary sewerage and disposal expansion
and extension, if needed to accommodate orderly and appropriate
development in a timely manner.
Chapter 5- Transportation
5.1 Goals
Maintain the function and connectivity of the street system for current users,
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emergency response efforts, and for use by future generations.
Using sound land use and transportation relationships, develop alternate routes or
corridors for ACHD planners to evaluate that best emphasize the needs of
developing areas while lessening the potential for congestion.
Maintain a land use decision-making process that is supportive of the service level
standards identified in the most recent Regional Transportation Plan for Ada
County of record, and which is protective of living environments along streets.
Encourage completion of the existing street system and creation of new links,
within reasonable constraints, as the transportation system develops.
Promote land use policies that limit access as necessary to maintain safe and
efficient operation of the existing street system while allowing reasonable access
to individual development parcels.
Maintain safe and comfortable neighborhoods by minimizing speeding and cut through
traffic.
b. The most recent Regional Transportation Plan for Ada County of record is
adopted by reference as part of the City of Eagle Comprehensive Plan.
c. Periodically review the street classification system and work with ACHD
and the Community Planning Association to amend the street
classification system as needed. Any street reclassifications shall be
contingent upon an analysis of existing street configuration, existing land
uses, lotting patterns, location of structures, impact on neighborhoods and
area-wide transportation needs. Upgrading of residential streets to
collector and arterial status shall be discouraged and shall only occur
where a significant community-wide need can be identified as part of the
adopted Regional Transportation Plan. (See Map 5.1)
d. When review land use amendments, zone changes, master plans,
conditional uses and other significant entitlement requests, take into
consideration the impact of the project on street levels of service. The
City's preferred standards shall be those identified for new streets in
ACHD's Development Policy manual, or its successor. Service level
impacts shall be minimized through project modifications, traffic
management plans, street improvement plans or other means.
i. New developments shall be required to stub access to adjacent
underdeveloped parcels, where appropriate.
j. All new developments shall be reviewed for appropriate opportunities to
connect to local roads and collectors in adjacent developments.
k. Develop transit friendly corridors along State Highway 20/26 and State
Highway 44.
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m. A collector street system shall be pursued within each square mile of
development adequate to serve the density of development. Suggestions
shall be forwarded to ACHD for planning and adoption in the TIP.
n. Support the access restriction policies of the Ada County Highway
District.
o. Discourage direct lot access to parcels abutting collector streets.
p. Limit access to all arterial streets.
t. Develop methods, such as cross-access agreements, frontage and backage
roads, to reduce the number of existing access points onto arterial streets.
z. Work with the development community, ACHD and COMPASS to
construct the following roadway projects:
Old Valley North: This is a developer built road that provides internal
circulation for high density residential uses located north of State Street.
The intent is to direct this traffic to Linder Road, a signalized intersection
or a alignment with moon Valley Road oppose to creating a new high
impact access point along State Street.
Chapter 6 - Land Use
6.2 Goals
Sustainability at build-out (2025): Ensure the ability for the city to continue to
fund, improve and support itself (including infrastructure) without the use of
building permit fees, impact fees and zoning fees.
Identify "Activity Centers": Identify areas that, due to the nature of existing
uses, anticipated uses, and/or transportation corridors, will lend themselves to
increased activity and non-residential use while preserving larger areas as
residential neighborhoods.
Preserving Regional Transportation Corridors (State Highway 16 & 44):
Preserve the function ofregionally significant roadways traveling through the
City while ensuring compatibility with land uses and design standards of the City.
Increased Employment Opportunities: Identify areas that will provide
significant employment opportunities to the residents of the City of Eagle, thereby
supporting the City as a place to live, work, and recreate
a. Maintain a Vision Map that depicts opportunities for creating and
enhancing activity centers and linkages between planning areas and
the existing City. (See Map 2.1)
b. Maintain a Future Land Use Map that encourages higher densities
around activity centers and transit routes but also provides for large
residential areas that continue to promote the rural character of the
City of Eagle(See Map 6.1)
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c. Use smaller planning areas to help guide development in the western
planning area. (See Map 6.2)
d. Non-residential uses should be limited to designated areas, with
scaling and intensity paramount to the approval of these uses.
e. Special design treatments shall be required to provide compatibility of
new development with existing development such as building
orientation, increased setbacks, height limitations, size restrictions
design requirements, fencing, landscaping or other methods as
determined through the development review process.
f. Commercial and subdivision development within the City will be
subject to Design Review.
g. The creation of single use commercial and office districts should be
discouraged, while uses that serve a variety of uses shall be
encouraged.
h. New mid-block commercial development should be discouraged along
arterial and collectors unless it is specified in the plan and meets the
principles of New Urbanism and/or provides cross access between
adjacent commercial parcels. Existing mid-block commercial uses of
a marginal nature shall be encouraged to convert to residential uses.
6.4 E Floating Feather Planning Area
The Floating Feather Planning Area is designated as residential with
limited ancillary uses to be incorporated as allowed by the planned unit
development standards. This area should provide trails, open space, and
parks in conjunction with varied housing options. The overall density of
the area is 1-2 units per acre.
6.4E.l Uses
The land use and development policies specific to the Floating Feather
Planning Area include the following: Integration of mixed residential lot
sizes at a overall density of 1-2 units per acre;
Ancillary neighborhood commercial and retail uses that focus and serve
the immediate Floating Feather Planning Area;
Setbacks from streams, irrigation and drains for trails and open space;
Use of transitional lot sizes and clustering when new development abuts
existing subdivisions, business and office use to the south;
School siting in the area shall focus on areas with higher densities to
decrease busing concerns, preference will be given to siting elementary
schools in this area. Densities around school sites shall not exceed 3 to 4
units per acre.
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6.4E.2 Access
All uses shall rely on internal local road circulation and a proper street
hierarchy to safely and efficiently move traffic through the area without
forcing local trips onto the regional roadway network.
At the western edge of this area, Linder Road will merge with the
proposed east/west boulevard and should include street trees, separated
sidewalks and landscaped medians; sufficient right-of-way and setbacks
should be preserved to facilitate the construction of this roadway.
6.4E.3 Design
This area should be recognized as the signature residential area for the
Western Planning Area. The integration of varying lot sizes and uses
should be seamless with continuity of street design, open space, trails and
housing through out that area.
Lot configuration and housing sizes should be mixed throughout the area
to provide a variety of housing options within a single neighborhood or
development.
6.4E.4 Issues
The main concerns in the development of the area are the integration of
varying lot sizes and housing styles. The vision for the area is contingent
on the integration of uses and providing a flow of housing units
throughout the area to avoid creating defined separation from estate areas
and patio home areas, for example. Further, the provision of open space
and trails through the area should be key to the development approval of
the area.
6.4C Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community
commercial, professional office, and a variety of residential densities. The vision
for the area is to recognize the activity center created by Eagle High School and
existing development approved by Ada County and to provide compatible land
uses at densities that accommodate pedestrian scale design and future mass transit.
6.4C.1 Uses
The area located west of Linder Road and north of State Highway 44 shall provide
for high density residential including apartments, town homes and patio homes,
transitioning with decreasing density northward with 1-2 units per acre along
northern perimeter. Internal circulation is essential to the development of this area;
a loop/frontage road similar to Old Valley Road should be created. Uses should
focus on this roadway (not State Street) with berming and wide setbacks to be
used to buffer any residential use from the regional transportation network.
6.4C.3 Access
Access to and through should be limited to existing roads (Old Valley
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Road, Park Lane and Linder Road); no direct access from State Highway
44 shall be permitted unless a new access point is designated by the State
ofIdaho for Eagle Island State Park.
The area to the north of State Highway 44 should require the construction
of a frontage road (similar to Old Valley Road) that removes individual
property access to State Highway 44, this high density area shall provide
internal circulation and connectivity to the residential areas to the north.
Cross-access agreements and shared service roads should be encouraged
throughout the area.
6.4C.4 Issues
If individual lot access is allowed to State Highway 44, the ability to
function as a node, encouraging both pedestrian and vehicular traffic, will
be lost.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. ECC Section 8-1-2 OPEN SPACE:
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
. ECC Section 8-2A-7 (4) (b)
Any road designated as a minor arterial on the Ada County long range highway and street
map:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: five
(5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
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 decorative block
wall, 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 shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
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. ECC Section 8-6-1: PURPOSE "PLANNED UNIT DEVELOPMENTS":
It shall be the policy to guide a major development of land and construction by
encouraging planned unit development (PUD) to achieve the following:
A. A maximum choice of living environments by allowing a variety of housing and
building types and permitting an increased density per acre and a reduction in lot
dimensions, yards, building setbacks and area requirements;
B. A more useful pattern of open space and recreation areas and, if permitted as part of the
project, more convenience in the location of accessory commercial uses, industrial uses
and services;
C. A development pattern which preserves and utilizes natural topography and geologic
features, scenic vistas, trees and other vegetation and prevents the disruption of natural
drainage patterns;
D. A more efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
E. A development pattern in harmony with land use density, transportation and community
facilities objectives of the Comprehensive Plan.
. ECC Section 8-7-3-3 CONDITIONAL USES "PUBLIC SITES AND OPEN SPACES"
Public sites and open spaces shall conform to the following:
B. Natural Features: Existing natural features which add value to residential development
and enhance the attractiveness of the community (such as trees, water courses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the development.
C. Special Developments: In the case of planned unit developments and large-scale
developments, the Council may require sufficient park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
development.
. ECC Section 8-7-3-5: CONDITIONAL USE PERMIT:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may
be attached to said permit including, but not limited to, those:
I. 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.
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C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. ECC Section 9-3-2-1 (C) Stub Streets, states in part:
Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions
shall be such that said streets extend to the boundary line of the tract to make provisions
for the future extension of said streets into adjacent areas.
. ECC Section 9-3-2-2 Street Widths:
A. Street and road right of way widths, grade, alignment, and so forth, shall conform to
the adopted major street plan or comprehensive plan and shall be approved by the
highway district and/or other agency having jurisdiction.
B. Notwithstanding subsection A of this section, access from a frontage road onto an
arterial street shall be limited to one thousand five hundred feet (1,500') between
points.
. ECC Section 9-3-8 (B) Natural Features:
Existing natural features which add value to residential development and enhance the
attractiveness of the community (such as trees, watercourses, historic spots and similar
irreplaceable assets) shall be preserved in the design of the subdivision.
. ECC Section 9-4-1-6 (F) Sidewalk Design:
!. Sidewalks, a minimum five (5') feet wide, shall be required on both sides
of the street; except, that where the average width of lots, as measured at
the street frontage line or at the building setback line, is over one hundred
feet (100'), sidewalks on only one side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in
accordance with the standards and specifications of the Ada County
Highway District.
3. Sidewalks shall be separated from the edge of the abutting roadway and /
or back of curb by a minimum five-foot (5') wide landscape strip. The
landscape strip shall be completed with sod, automatic irrigation, and
planted with 3-inch minimum caliper shade-class trees along all streets
within the subdivision. Installation of landscaping shall be in accordance
with Section 8-2A-7 of this Code.
. ECC Section 9-5-4-3 (C) Storage Areas:
Storage areas shall be provided for the anticipated needs of boats, campers and trailers.
For typical residential development, one adequate space shall be provided for every two
(2) living units. This may be reduced by the City Council if there is a showing that the
needs of a particular development are less.
. ECC Section 9-5-4-3 (E) Maintenance Building:
A maintenance building shall be provided of such size and in such location as is suitable
for the service needs that are necessary for the repair and maintenance of all common
areas.
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D. DISCUSSION:
NOTE: STAFF RECOGNIZED THAT THE FOLLOWING ANALYSIS WAS COMPLEX AND
STAFF PROVIDED A VERBAL OVERVIEW DURING THE PUBLIC HEARING FOR THIS
APPLICA TION.
. The Eagle Soaring 2025 Plan delineates three land use designation for this property High Density
Residential, Transitional Residential, and Residential Two:
ResidentW
Two
TtlIIlSiliaUl
R~1
Soaring 2025 Future Land Use Map
. 10 Acres (7.6%) of the site is designated High Density Residential with a density of 6 units per
acre, 60 units. These 60 units represent 17.4% of the lots in the development.
. 81 acres (55.7% of the site) is designated as Residential Two with a maximum density of 2 units
per acre for a maximum of 161 units. The applicant has proposed 168 units in this area
representing 48.8% of the units.
. 51.4 acres(36.6% of the site) is designated as Transitional Residential and is intended to provide
an area that allows for a gradual decrease in density between the high density residential
designation located along State Street and the Residential Two designation further north. The
applicant has proposed 161 units in this area these units represent 46.8% of the lots within the
development.
. The applicant is currently proposing 389 units with a development agreement associated with the
rezone to limit the density of the entire development to 2.96-units/acre. The overall density is as
follows:
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R..idontiaI
two: proposed
@2.48
umt&.'acre
. The applicant is requesting three zones a MU (mixed use zone) and R-4 and an R-2 zoning
designation with diminished lot sizes and set back to accommodate the proposed mix of lots sizes.
The development agreement associated with the rezone for this site will limit the density of the
entire development to 2.73-units/acre. 18.6% of the lots as proposed do not meet the minimum lot
size in the base zones as proposed.
. The applicant proposed lot sizes and setbacks by development area are show below with staff
recommendation for these standards (See Exhibit 1 for product area location):
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The Gables-MU Zone (four-plex 10ts)Preffer to use a building envelo e
Size frontage front setback rear setbac k side in side out width
Standard 7,000 35 20 20 5 20 50
Staff 10,000 35 20 20 5 20 50
Applicant 10,000 35 20 12 5 10 50
T e e ars- one (smgJe amllv I etac e
Size frontage front setback rear setback side in side out Width
Standard 8,000 35 20 20 7.5 &5 20 50
Staff 6,000,6,500 & 7,000 35 20 20 7.5 & 5 20 50
Applicant 5,500 35 20 20 7.5 & 5 15 50
Lot size depending on product access, Share common drive and allev loaded on sections
h C d R4 Z
. I f '1 d h d)
e Mea ows- smg e amIlv etac e
Size frontage front setback rear setback side in side out Width
Standard 8,000 35 20 20 7.5&5 20 70
Staff 8,000 35 20 25 7.5&5 20 70
Applicant 8,000 35 20 20 7.5&5 20 70
Th
d
R-4 (' I f '1 d h d)
The Vintage -R4 Zone (single family detached)
Size frontage front setback rear setback side in side out Width
Standard 8,000 35 30 20 7.5&5 20 70
Staff 9,000 35 30 20 7.5&5 20 70
Applicant 10,000 35 30 20 7.5&5 20 70
The Fairway -R2 Zone (sing e familv etached)
Size frontage front setback rear setback side in side out Width
Standard 17,000 35 30 30 10&5 20 75
per plan + 11,000 35 30 30 10&5 20 75
Staff per olan -11,000 35 30 25 7.5 &5 20 75
per plan + 11,000 35 30 30 10&5 20 75
Applicant per plan -11,000 35 30 25 7.5 &5 20 75
d
. Eagle City Code 8-6-6-3, requires all final development plans be reviewed by the Planning and
Zoning Commission as well as the City Council. This is partly to allow for additional City Review
for flexibility needed for long-range and large PUD's.
. The proposed development includes 16.7% of the site as common area open space including trails
and gathering areas and landscape buffers.
. Only 39% of all lots within the development have direct access to the proposed open space. 54%
of the lots less than 9,000 square feet acre in size have direct access to the open space. Additional
open space ribbons have be incorporated into the "Meadows" and "Vintage" areas to provide a
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better integration of open space into the development but at the Planning and Zoning Commissions
directions these area have not been included in the open space calculations for they are not
dedicated open space and further decrease the usable are of the adjacent lots. The application has
proposed to redesign the open space to include a swimming pool and club house on Lot I-C of
Block 8 the pond should be removed fro this area to increase the usable open space of the
development. Staff would recommend that in a PUD of this size and with the requests for
diminished lots size and setbacks a minimum of 60% of the lots should have direct access to open
space.
. The applicant proposes to use open fencing in portions of the development. Open Fencing such as
wrought iron should be used throughout the development to increase the open feel of the area and
reduce the closing off of reduced size lots.
. A large amount of the open space for the development has been proposed to be trail and view
corridors. Additional attention should be given to active recreation and gathering areas.
. The applicant proposes the use of a 5 ft wide pathway within the common area trail networks. All
trails should be a minimum of 6-ft to comply with Eagle City Code.
. N. Golden Crown Way stops abruptly and changes into a local street section north of Tatlock
Drive. The proposed Legacy Development to the north of this project shows a residential collector
running along its southern boundary these roads should interconnect to establish a continuous
residential collector system. The roadway cross sections should coordinate to ensure adequate
capacity and consistency of design through out the development. Development of a continuous
collector should be done if traffic counts warrant it.
. The applicant has provided typical house styles by product area. Overall staff would like to see
additional house styles included into the development agreement for the area. Further additional
standards should be placed in the CC&R's to ensure that the residential architecture does not
become monotonous. The applicant has provided housing typicals but there is not a proposed
architectural style for the development.
. The following comments are specific to "The Gables" (See Exhibit I for product area location):
o Joint access and building pads should be considered to ensure that the area does not
become over powered by pavement and the orientation of the house do not result in a
monotonous look; and.
o Building pads should be considered to determine building orientation and spacing; and
o Additional architectural variations should be shown for this area; and
o This area will require a design review application prior to building permit; and
o Maintenance for this area should be completed through a sub-home owners association
controlling both landscaping and building maintenance; and
o A pedestrian connection shall be provided from 'The Gables" to the State Street corridor
to facilitate a connection to a future transit corridor.
.
The following comments are specific to "The Cedars" (See Exhibit I for product area location):
o This area contains the smallest lots within the development. To diminish the feeling of a
garage dominated streetscape this area should be conditioned to include alley access for as
well as shared access and side entry garages;
o The applicant proposes a diminished lot size of 5,500 square feet in this area. This is a
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reduction of 2,500 square per lot from that of the standard lot size within the R-4 zoning
classification, 8,000 square feet. Though a 5,500 square foot lot gives a distinct product
type, additional variation should be provided within this area to reduce the tightness of
houses and the walled corridor effect that large house on small lots often creates. A 5,500
square foot minimum should be considered for lots having alley access, with a 6,500
square foot minimum considered for lots using shared access and a 7,000 square foot
minimum for lots having individual access and limiting the percentage of lot having
individual lot access to 15%. These standards will allow a mixing of the product type with
in the development. (See Exhibit 2) The development as proposed contains 10 individual
access lots which represent 15% of the units in the "cedars" area.
o The comprehensive plan designation for the area is transitional residential and is intended
to provide an area that allows for a gradual decrease in density between the high density
residential designation located along State Street and the Residential two designation
further north. The proposed 6,000 located at the northern and eastern most edge of the
cedars does not provide for a transition between land uses. The area should be redesigned
to allow for a more adequate transition of density.
. The following comments are specific to "The Meadows" (See Exhibit 1 for product area
location):
o The comprehensive plan designation for the area is Transitional Residential and is
intended to provide an area that allows for a gradual decrease in density between the high
density residential designation located along State Street and the Residential two
designation further north. The proposed minimum lot size in the Meadows is 8,000 square
feet (standard in the R-4 zoning classification) the proposed preliminary plat date stamped
by the City of Eagle on October 21, 2005 contains a even mixture of 8,000, 9,000 and
10,000 square foot lots. Additional variation such as shared access and varied front yard
setbacks should be considered within this area to reduce the monotony of the product type
and provide variation of the streetscape.
o The City of Eagle has few areas developed with R-4 type densities due to the fact that
there has been significant public input about the cramped feeling of these areas (having
one house on top of another). The applicant proposes to create an area within Blocks 7
and 8 that will result in 4 rows of homes with a 20' wide pathway easement to provide
visual separation. The Planning and Zoning Commission felt this easement should not be
counted as open space for the development. Further the use of these easements further
diminishes the buildable area of a reduced lot.
. The following comments are specific to "The Vintage" (See Exhibit 1 for product area
location):
o The City of Eagle has few areas developed with R-4 type densities due to the fact that
there has been significant public input about the cramped feeling of these areas (having
one house on top of another). . The applicant proposed to create between Cavendale
Court and Tatlock Drive that creates lots stacked 4 deep with a 20' wide pathway
easement to provide visual separation. The Planning and Zoning Commission felt this
easement should not be counted as open space for the development. Further the use of
these easements further diminishes the buildable area of a reduced lot.
o The comprehensive plan designates this area as Residential Two (two units per acres).
This applicant has requested this area be rezoned to R-4 nearly doubling the density as
detailed in the comprehensive plan. Staff recommends that if the area is to receive a
variation from the Residential Two designation the area receive an R-3 zone opposed to
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the R-4 for the proposed setbacks and dimensional standards conform to those of the R-3
Zone. See table on page 26.
o The applicant proposes 10,000 to 14,000 square foot lots at the northern edge of the
"Vintage" area abutting a exclusively V2 acre designation. These lots should be increased
to meet the minim lot size in the R-2 designation.
. The following comments are specific to "The Fairways" (See Exhibit I for product area
location):
o The applicant is requesting a diminished setback for all lots within the R-2 zoning
designation. The lots as proposed do not warrant a diminished setback. Staff proposes
that all lots less than 11,000 square feet in size use the standard R-3 setbacks and
dimensional standards and all lots 11,000 square feet or larger use the standard R-2
setbacks and dimensional standards.
. Staff has no objections to the proposed vacation of right of way for this application.
. The applicant is proposing the main entrance to the development dome from W. Pelston Street at
Linder Road to the east of this site. The proposed accesses are not contained within the proposed
development. The applicant should provide documentation from the appropriate property owners
granting easements to construct these access points prior to the signing of the final plat for the first
phase of the development.
. One proposed preliminary plat date stamped by the City on October 21, 2005 the applicant has
removed all reference to emergency secondary access from the development. Emergency access
should be addressed by the applicant and the Eagle Fire District.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
STAFF RECOMMENDATION FOR THE REZONE:
If the planning and zoning commission feel that the applicant has adequately addressed their concerns
staff recommends the following conditions to be placed within a development agreement to guide the
development:
2.1 The maximum density for the Property shall be 2.73-dwelling units per acre (329 single family lots and
15 four-plex lots.
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2.2 Dimensional standards within the development shall be as follows, product type location is attached as
Exhibit A:
enve ope
front rear side side
Coverage Size frontage setback setback III out width
35% 10,000 35 20 20 5 20 50
The Gables-MU Zone (four-plex lots)prefer to use a building
I
The Cedars-R4 Zone (single familv detached)
front rear side side
Coverage Size frontage setback setback III out Width
6,000, 6,500 & 7.5 &
35% 7,000 35 20 20 5 20 50
Lot size deoending on oroduct access, Share common drive and allev loaded on sections
The Meadows-R4 Zone (single familv detached)
front rear side side
Coverage Size frontage setback setback III out Width
35% 8,000 35 20 25 7.5&5 20 70
T e Illtage -R one (slllgle amllv etac e )
front rear side side
Coverage Size frontage setback setback III out Width
35% 10,000 35 30 20 7.5&5 20 70
h V'
4Z
It:' d
h d
The Fairway -R2 Zone (single amilv detache )
front rear side side
Coverage Size frontage setback setback III out Width
35% per olan + 11 ,000 35 30 30 10&5 20 75
7.5
35% oer plan -11,000 35 30 25 &5 20 75
t:
d
2.3 Prior to the City Clerk signing the final plat for the first phase of any subdivision for this site, the
property owners shall abandon the existing access point on State Highway 44 (which serves as the
existing access) and construct a new collector road (W. Pelston Road)beginning at Linder Road and
Escalante Road extending to the Western edge of the development.
2.4 Eagle hereby acknowledges that the attached typical housing styles (Exhibit "B") represents an
example of the property owners' current concept for the site and understands and agrees that changes
in that concept will likely occur. The property owners also understand and agree that any changes
regarding development of the site must be in conformance with the "Conditions of Development"
stated herein.
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2.5 All non-single family structure shall comply with ECC 8-2A and receive approval from the Eagle
Design review Board and City Council.
2.6 The development shall comply with the Eagle City Code, as it exists in final form at the time a design
review application is made, including compliance with all of the conditions as provided within this
development agreement.
2.7 The property owners shall remove all existing structures located near the southeast corner of the
Property from the site prior to the issuance of any building permits for the site. Demolition permits
shall be obtained prior to the removal of said structures.
2.8 Prior to issuance of any building permits, Applicant shall provide proof of adequate sewer service to
the proposed residences and commercial and industrial uses. A letter of approval shall be provided to
the City from the Idaho Department of Health, Division of Environmental Quality, and/or Central
District Health, prior to issuance of any building permits.
Applicant acknowledges that the Property is currently not annexed to the Eagle Sewer District and
annexation shall be required.
Applicant acknowledges that the Property is located within the City of Eagle Municipal Water Service
Area and compliance with applicable Eagle City Code sections shall be required.
STAFF RECOMMENDATION FOR THE PUD:
If the Planning and Zoning Commission feel that the applicant has adequately addressed their
concerns staff recommends the following site specific conditions of approval and the standard
conditions of approval provided below.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 19, 2005 and October 3, 2005. Testimony was taken, the public hearing was closed, and
the Commission made their recommendation at that time.
B. Oral testimony in opposition to the application was presented by: None
C. Oral testimony in favor of the application was presented by:
JD Simplot testified that he was a partner in the development and that the project was providing
the City of Eagle a municipal well to help the City out and the project should be approved at the
density and design proposed.
Bill Crumb testified that the marketing and architectural controls for the project would eliminate
any concerns about "snout houses" and he anticipated the build out of this process to happen
quickly and with more variety than Sedona Creek Subdivision to the East.
Gene Harding 3055 Floating Feather Road testified that the project had the appropriate transition
and a good "smart growth" design that provided a balance in ownership options.
Scott Reeser testified that as a neighbor he looked forward to working with the developer to
develop his property and matching product type.
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D. Oral Testimony as a comment toward the application was presented by:
Sue Sullivan, District 3 Planner, ITD testified that additional right of way was required for the
State Street Corridor and provided a typical cross section for the roadway.
COMMISSION DECISION:
The Commission voted 2 to 1 (Lien and Aspitarte absent) to recommend approval of A-ll-041 RZ-17-
04/CU-1O-04IPPUD-3-04IPP-9-04/V AC-2-04 with the staff recommended site specific and standard
conditions of approval with text shown with strike-thru to be deleted by the Commission and text
shown with underline to be added by the Commission shown below.
DISSENTING OPINION:
Commissioner Pierce voted against the recommendation stating that the combination of Site Specific
Conditions 5 and 6 shown below were too strict and either one or the other should be used to buffer
and transition the Residential Two area north of the "Cedars" but not both.
SITE SPECIFIC CONDITIONS OF APPROVAL:
!. Comply with all conditions within the development agreement for rezone application RZ-17-
04.
2. Comply with the requirements of the City Engineer.
~ Comply with all requirements of ACHD, if a resiaeRtial eelleetor is warraHtea lereuge tee
prejeet a reaesigR aRa a Hew pu13lie eeariRg bef-ere tee plaRRiRg aRa zeRiRg eommissioR will
be reEJ.uired.
4. The applicant shall submit payment to the City for all outstanding Engineering fees incurred
for reviewing this project, prior to the City Clerk signing the first final plat.
5. Provide a revised preliminary plat showing larger lots that are compatible to the required R-2
lots (17,000 SEJ. ft miB.) at the northern edge of the "Cedars" area these lots should be a 7,000
SQ uare foot minimum for Lots 1-21 Block 5.
6. Provide a landscape easement at the northern edge of Lots 1-9 Block 5 in the "Cedars" as a
transition to the Residential Two area to the north.
7. Comply with all site specific conditions provided within the Eagle Fire District letter dated,
September 9,2005.
8. Lot access in the "cedars" area shall be regulated by Exhibit2:
9. Provide a r-evisea prelimiRary platlprelimiHary aeyeleflmeRt filaR seowiRg staRaar.a R 2 lots
(17,000 sEJ. ft miR.) at tee Berteem 13euRaary sf tee "ViRtage" area prior to lee submittal of tee
fiBal plat f-er flease eRe.
10. Provide documentation granting an ingress and egress easement for connection of Pelston
Street to Linder Road to the west of the site. The existing access to State Highway 44 shall be
abandoned and the new access constructed prior to the City Clerk signing the final plat for
phase one.
II. Provide a revised landscape plan for the preliminary plat/preliminary development plan
showing all proposed landscaping within the development.
12. The applicant shall place a note on the final plat that all common areas are to be owned and
maintained by the Eaglefield Estates Homeowner's Association. The applicant shall provide
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a copy of the CC&Rs (which include a similar statement regarding the common areas) for
review and approval by the City attorney prior to the approval of the final plat for phase one.
The CC&Rs for the Eaglefield Estates Homeowner's Association shall provide that the
association shall have the duty to maintain and operate all of the common landscape areas in
the subdivision in a competent and attractive manner, including the watering, mowing,
fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity.
13. All landscaping, common area and lots (outside of the buildings) within the "Gables" area
shall be maintained by a sub-homeowners association to ensure the consistent and adequate
maintenance of this area.
14. The entire Eaglefield Estates development shall remain under the control of one Homeowner's
Association.
15. As described by the applicant, strict architectural controls shall be enforced shall be in keeping
with proposed typical architecture standard for the development. Photo examples of the above
descriptive language, are attached as Exhibit3, are incorporated herein by reference. To assure
compliance with this condition, the applicant shall create an architectural control committee
(ACC) as a component of the subdivision CC&R's. Provisions regarding the creation and
operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and
approved by the City attorney prior to the approval of the final plat for phase one.
16. The submittal of the building permit application to the City for each home within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permits applications that do not have an approval letter attached will not
be accepted.
17. To assure compliance with the PUD conditions of approval herein, the City reserves the right
to deny, at its discretion, any building permit application that does not meet the architectural
requirements (as noted in the applicant's justification letter item "Z" and as required in site
specific condition of approval #14 above) of the PUD.
18. The CC&R's should include language controlling the number of times a single
elevation/design can be used within the development and the proximity of similar
elevation/designs to each other exempting the "Gables" and "Cedars" areas. The CC&R' s
shall be reviewed and approved by the City attorney prior to the approval of the final plat for
phase one.
19. Previde a revised j3relimiaary j3lat aad dElElimeatatiea sHewiag a seEoadary emergeaE)' aCEess
j3eiat f-or tile site liatil a flefHlaa6at aEC6SS Eaa l3e aCHieved te tHe aertH.
20. Provide a revised preliminary plat/preliminary development plan showing note #4 changed to
reflect a rear lot line drainage and utility easement of 12-feet wide and a side lot line drainage
and utility easement of 6-feet wide and 5-feet within the "Gables" area.
21. Provide a revised preliminary plat/preliminary development plan showing the water supplier as
the City of Eagle.
22. Provide a revised preliminary plat/preliminary development plan showing all trails outside of
the public right-of-way a minimum of 6-feet wide. The revised plans shall be reviewed and
approved by the Parks and Pathway Development Committee and the Design Review Board
prior to the submittal of a final plat.
23. Provide a revised preliminary plat/preliminary development plan showing all sidewalks and
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trails within the public right-of-way a minimum of 5-feet wide and constructed of concrete.
24. Provide a revised preliminary plat/preliminary development plan showing a dedication to ITD
100 ft from the centerline of State Highway 44, including the property south of State Highway
44.
25. Provide plans showing street lighting details for review and approval by the Zoning
Administrator with the submittal of the final plat. The plans shall show how the streetlights
will facilitate the "Dark Sky" concept of lighting.
26. 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 shall be placed underground prior to the issuance of any building permits for the
site.
27. All accessory structures located on the site shall be removed from the site prior to the issuance
of any building permits for the site. Demolition permits shall be obtained prior to the removal
of said structures.
28. The applicant shall submit a design review application showing: 1) proposed subdivision
sign age, 2) planting details within the proposed and required landscape islands and knuckles
and all common areas throughout the subdivision 3) building elevations for all proposed
common area structures and irrigation pump house, 4) landscape screening details of the
irrigation pump house,S) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities. The design review application shall
be reviewed and approved by the Design Review Board prior to the submittal of a final plat.
29. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets within this
development. Trees shall be placed at the front of each lot on the side lot lines, or as approved
by the Design Review Board and within five-feet (5') of the edge of the roadway. 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 swales (borrow ditches). 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.
30. 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 plat. The applicant shall have an on-site
meeting with the City Forester to survey all existing trees. Subsequent to the on-site meeting,
construction fencing shall be installed (pursuant to the City Forester's direction) to protect all
trees that are to be preserved, prior to the commencement of any construction on the site.
31. Provide a revised landscape plan showing the relocation of the pond to accommodate a playing
field, pool and clubhouse on Lotl-C, Block 8.
32. Provide a landscape plan showing berming, fencing, and planting details within the required
75-foot wide buffer area with a minimum 10-foot high berm along State Highway 44 abutting
this site for review and approval by the Design Review Board prior to the submittal of a final
plat.
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33. Provide a landscape plan showing berming, fencing, and planting details within the required
35-foot wide buffer area with a minimum 5-foot high berm along N. Golden Crown Way and
W. Pelston Road abutting this site for review and approval by the Design Review Board prior
to the submittal of a final plat.
34. Provide a revised preliminary development plan/preliminary plat plan showing: a local
roadway cross section with a 5-foot detached sidewalk on both sides of the ROW prior to
submittal of the final plat.
35. The applicant shall provide a license agreement from ACHD approving the landscaping
located within the public rights-of-way abutting and within this site, prior to approval of a final
plat.
36. Any stub street which is expected to be extended in the future shall be provided with a sign
generally stating that, "This Street is to be extended in the future".
37. 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.
38. The applicant shall install at the entrances to Eaglefield Estates Subdivision 4' x 4' plywood
or other hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs being a
minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud
music, and no dogs off leash.
39. The following setbacks and lot coverage requirements shall apply to the "Gables" see Exhibit
I for product location:
The Gables-MU Zone (four-olex lots)prefer to use a building envelope
Coverage Size frontage front setback rear setback side in side out width
35% 10,000 35 20 20 5 20 50
40. The following setbacks and lot coverage requirements shall apply to the "Cedars" see Exhibit
1 for product location:
e e ars- one smgle amllY, etac e
side
Coverage Size frontage front setback rear setback side in out Width
7.5 &
35% 5,500,6,000 & 7,000 35 20 20 5 20 50
Lot size deoending on product access, Share common drive and alley lodded on sections
Th C d R4 Z
(' I f '1 d
h d)
41. The following setbacks and lot coverage requirements shall apply to the "Meadows" see
Exhibit I for product location:
e ea ows- one Smgle amll Y etac e )
Coverage Size frontage front setback rear setback side in side out Width
35% 8,000 35 20 20 7.5&5 20 70
Th M d
R4Z
(' I f '1 d
h d
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42. The following setbacks and lot coverage requirements shall apply to the "Vintage" see Exhibit
I for product location:
The Vintage -R4 Zone (single family detached)
Coverage Size frontage front setback rear setback side in side out Width
35% 10,000 35 30 20 7.5&5 20 70
43. The following setbacks and lot coverage requirements shall apply to the "Fairways" see
Exhibit 1 for product location:
The Fairway -R2 Zone (single familv detached)
Coverage Size frontage front setback rear setback side in side out Width
35% oerolan +11,000 35 30 30 10&5 20 75
35% oer olan -11,000 35 30 25 7.5 &5 20 75
44. The side setback (that side adjacent to the pathway) for lots adjacent to interior pathways shall
be IS-feet minimum.
45. All fencing adjacent to a pathway, pedestrian path and/or open space easement shall not
exceed 4-feet in height.
46. All fencing within the development shall be open fencing constructed of wrought iron or
similar material approved by the Eagle Design Review Board.
47. The applicant's properties shall be annexed into the Eagle Sewer District's service boundaries
and shall comply with all applicable Eagle Sewer District regulations and conditions prior to
the approval of a final plat for this site.
48. Comply with the requirements of all drainage district and irrigation districts.
49. The applicant shall provide a revised preliminary development plan! preliminary plat showing
a direct pedestrian/transit access point between the "Gables" area and State Highway 44 to the
south. Construction details (i.e. width, specific location, and surface material) should be
reviewed and approved by the Park & Pathway Committee and Design Review Board prior to
submittal of the final plat.
50. Front porches shall be a required design element of all "Gables and Cedars" lots and shall be
reviewed by the ACC prior to submittal to the City of Eagle for building permits.
51. Provide a revised preliminary plat showing street names as approved by the Ada County Street
Naming Committee.
52. Per ECC 8-6-6-3 All final development plans for Eaglefield Estates shall be reviewed by the
Planning and Zoning Commission prior to council action.
STANDARD CONDITIONS OF APPROVAL:
!. 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.
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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 LC. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
I!. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(I) 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.
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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.
b. 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.
c. 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 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.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
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walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat by
the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25. Basements in homes in the flood plain are prohibited.
26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
27. 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.
28. 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.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
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31. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The applications for this item were received by the City of Eagle on August 31, 2005.
2. Notice of Public 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 1,2005. 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 August 29, 2005. Requests
for agencies' reviews were transmitted on August 16, 2005 in accordance with the requirements of the
Eagle City Code.
The Commission reviewed the particular facts and circumstances of this proposed rezone, conditional use
permit, preliminary development plan, and preliminary plat (A-l 1-04/ RZ-17-04/CU-1O-04/PPUD-3-
04/PP-9-04N AC-2-04) and based upon the information provided concludes that the proposed
development is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community because;
The intent of the Eaglefield PUD is to a choice in living environments by providing a variety of
single housing types which is a goal of the City of Eagle PUD ordinance. The homes are to be in a
location that is in close proximity to State Street Corridor and future transit routes which mullti-
modal transportation options options.
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 Eaglefield development provides similar lots sizes to the adjacent large lot development to the
north and east and concentrates smaller lot adjacent to open space to provide an open feel to the
development that is compatible with the existing residential uses.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The development will have access to Linder Road from the newly constructed Pels ton. The site
will be serviced by central water and sewer.
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;
No major impacts are expected as this development should only develop normal traffic patterns
that would be related to a residential subdivision development. The proposed dwelling units on
the site will be compatible with existing residential units in the area.
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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. The addition of more residences
to the area may help facilitate the construction of new buildings within the School system.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal because;
The development plan was designed with consideration given to a large park, swimming pool and
tot lot that provides an opportunity for residents to congregate and socialize in a central area.
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 Linder Road by way of Pelston Street, at completion
Pelston will align to the west with Moon Valley Ranch for a signalized intersection. The
development will include stub streets to the adjacent parcels of this development which will
provide intra-neighborhood connectivity upon further development of said property. The design
and construction of the roadways and entrances is 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;
No natural, scenic, or historical features are known to exist on the site.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan because;
The proposed development fits well with the Comprehensive Plan since the Plan calls for High
Density Residential (6+ units per acre), Transitional Residential and Residenitla Two (up to 2 units
per acre) and will provide a variety of housing types to accommodate residents with varying life
style needs.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8 because;
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This application requests approval for a preliminary development plan and conditional use permit
as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet
the conditions herein. In addition, the development will be required to submit an application for
design review and comply with all Eagle City Codes and conditions of approval of the design
review.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations because;
The increased setbacks approved for the development will allow for further protection of the
existing residential uses and for a varied streetscape.
4. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-17 -04)
with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based
upon the information provided concludes that the proposed rezone upon annexation is in accordance
with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of MU-DA-P(Mixed Use with a development
agreement and PUD), R-4-DA-P (Residential up to 4 units per acre with a
development agreement and PUD), R-2-DA-P (Residential up to Two units per acre
with a development agreement and PUD) is in accordance with the High Density
Residential, Transitional Residential and Residential Two classification as shown on
the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
required to be provided, to serve a single-family dwelling residential subdivision on
this property under the proposed zone;
c. The proposed MU-DA-P(Mixed Use with a development agreement and PUD), R-4-
DA-P (Residential up to 4 units per acre with a development agreement and PUD), R-
2-DA-P (Residential up to Two units per acre with a development agreement and
PUD) zoning districts are compatible with the RR (Rural Residential - Ada County
designation) zone to the east since that area is expected to be developed with the same
density and types of uses as shown on the Comprehensive Plan Land Use Map;
d. The proposed MU-DA-P(Mixed Use with a development agreement and PUD), R-4-
DA-P (Residential up to 4 units per acre with a development agreement and PUD), R-
2-DA-P (Residential up to Two units per acre with a development agreement and
PUD) zoning districts are compatible with the RR zone (Rural Residential -Ada
County designation) to the north since that area is expected to be developed with the
same density and types of uses as shown on the Comprehensive Plan Land Use Map;
e. The proposed MU-DA-P(Mixed Use with a development agreement and PUD), R-4-
DA-P (Residential up to 4 units per acre with a development agreement and PUD), R-
2-DA-P (Residential up to Two units per acre with a development agreement and
PUD) zoning districts are compatible with the RR zone (Rural Residential -Ada
County designation) to the west since that area is expected to be developed with the
same density and types of uses as shown on the Comprehensive Plan Land Use Map;
f. The proposed MU-DA-P(Mixed Use with a development agreement and PUD), R-4-
DA-P (Residential up to 4 units per acre with a development agreement and PUD), R-
2-DA-P (Residential up to Two units per acre with a development agreement and
PUD) zoning districts are compatible with the RR zone (Rural Residential -Ada
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County designation) to the south since that area is expected to be developed with the
same density and types of uses as shown on the Comprehensive Plan Land Use Map;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
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DATED this 21st day of November, 2005.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
(
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