Findings - CC - 2019 - RZ-10-07 MOD / CU-01-19 / PPUD-01-19 & PP-01-19 - Preliminary Development Plan & Plat For Belvoir SubdivisionBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION, CONDITIONAL USE
PERMIT, PRELIMINARY DEVELOPMENT
PLAN, AND PRELIMINARY PLAT FOR
BELVOIR ESTATES SUBDIVISION FOR
TOLL SOUTHWEST, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-1O-07 MOD/CU-01-19JPPUD-01-19 AND PP -01-19
The above -entitled development agreement modification, conditional use permit, preliminary
development plan, and preliminary plat applications came before the Eagle City Council for their
consideration on September 24, 2019, at which time public testimony was taken and public hearing was
left open. The applications were continued to the October 10, 2019, at which time public testimony was
taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Toll Southwest, LLC, represented by Becky McKay with Engineering Solutions, is requesting a
development agreement modification, conditional use permit, preliminary development plan, and
preliminary plat approvals for Belvoir Estates Subdivision, a 979 -lot (913 -residential, 64 -
common [inclusive of 56 open space, 2 -common driveways, and 6 -private streets], 1 -park site,
and 1 -elementary school site) residential planned unit development. The 372.30 -acre site is
located at the southeast corner of West Beacon Light Road and North Palmer Lane between West
Beacon Light Road and West Floating Feather Road. A portion of the property is located on the
west side of North Palmer Lane at the northwest corner of West Floating Feather Road and North
Palmer Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall (City Council Chambers) at 6:00 PM, on
Monday, September 24, 2018, in compliance with the application submittal requirement of Eagle
City Code. The applications for this item were received by the City of Eagle on January 22, 2019.
A revised preliminary plat/PUD, narrative, and irrigation analysis were received by the City on
March 12, 2019. A second revised preliminary plat/PUD was received by the City of Eagle on
April 11, 2019.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on July 19, 2019. Notice of this public hearing was mailed to property owners within
three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title
67, Chapter 65, Idaho Code and Eagle City Code on July 15, 2019. Requests for agencies'
reviews were transmitted on February 1, 2019, in accordance with the requirements of the Eagle
City Code. The site was posted in accordance with the Eagle City Code on July 12, 2019.
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Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
September 6, 2019. Notice of this public hearing was mailed to property owners within three -
hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on September 6, 2019. The site was posted in
accordance with the Eagle City Code on September 14, 2019.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 11, 2007, the City Council approved an annexation and rezone from RUT (Rural -
Urban Transition — Ada County designation) to MU -DA (Mixed Use with a development
agreement), R -2 -DA (Residential with a development agreement), and R -4 -DA (Residential with
a development agreement) for Hormaechea LTD Partnership.
On December 13, 2007, the executed development agreement associated with the rezone was
recorded (Ada County instrument #107164794).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Village and
Community Center,
Compact Residential,
and Neighborhood
Residential
No Change
Village and
Community Center,
Compact Residential,
and Large Lot
Residential
Neighborhood
Residential
Neighborhood
Residential
Village and
Community Center,
Compact Residential,
and Neighborhood
Residential
ZONING
DESIGNATION
MU -DA (Mixed Use
with a development
agreement), R -2 -DA
(Residential with a
development agreement)
and R -4 -DA (Residential
with a development
agreement)
No Change
RUT (Rural -Urban
Transition — Ada County
designation) and R1
(Estate Residential — Ada
County designation)
R -2 -DA -P (Residential
with a development
agreement — PUD)
RUT (Rural -Urban
Transition — Ada County
designation) and R -2 -
DA -P (Residential with a
development agreement —
PUD)
RUT (Rural -Urban
Transition — Ada County
designation) and R -2 -
DA -P (Residential with a
development agreement —
PUD)
LAND USE
Vacant property and
Agriculture
Single -Family, Residential
Planned Unit Development
Agriculture and Single -
Family Residences
Proposed Legacy
Development
Vacant property,
Agriculture, Single-family
dwellings, and Tannebaum
Subdivision
Vacant property,
Agriculture, and Proposed
Legacy Development
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, i'DA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site — 372.30 -acres
Total Number of Lots — 979
Residential — 913
Commercial —
Industrial — 0
Common — 64 (56 -open space, 2 -common driveways, and 6 -
private streets)
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Total Number of Units — 913
Public — 2 (West Ada School District lot and City of Eagle park
lot)
Single-family — 913
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
Open Space
Percent of Site as Common Area
Open Space
Proposed
2.52 -dwelling units per acre
(not inclusive of the proposed
school site)
5,600 square feet (MU)
5,775 square feet (R-4)
6,215 square feet (R-2)
The average lot size within
each zoning designation is as
follows:
7,234 square feet (MU)
9,356 square feet (R-4)
12,060 square feet (R-2)
55 -feet (MU)
77 -feet (R-4)
55 -feet (R-2)
0 -feet (4 -lots located within
the "Active Adult Living"
area)
96.66 -acres
25.9% (with the 12.09 -acre
park site)
22.7% (without the 12.09 -acre
park site)
Required
4.9 -dwelling units per
acre (pursuant to the
executed development
agreement)
5,000 square feet (MU)
8,000 square feet (R-4)
17,000 square feet (R-2)
Except that a decrease of
minimum lot size in a
subdivision may be allowed if
there is an offsetting increase of
the same percentage in open
space and a planned unit
development is applied for and
approved) - pursuant to ECC
Section 8-6-6-5 (A). The
offsetting increase of the
required percentage in open
space has been provided.
50 -feet (minimum) (MU)
70 -feet (minimum) (R-4)
75 -feet (minimum) (R-2)
35 -feet (when located
adjacent to a public or
private street)
74.46 -acres (minimum)
20%
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.
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L GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing 60 -foot wide landscaped buffer along West Beacon Light Road, a 50 -
foot wide landscaped buffer along West Floating Feather Road, and a 35 -foot wide landscaped
buffer along each side of North Palmer Lane adjacent to the development. The proposed widths
of the landscaped buffer areas are in conformance with Eagle City Code Section 8 -2A -7(J)(4).
Open Space:
A total of 96.66 -acres (25.9%) of open space is proposed within the residential subdivision. The
common area open space within the development area located on the east side of North Palmer
Lane is inclusive of a 12.09 -acre park site, 9 -acre community central park area with a pool
facility, parking area, playground equipment, and pathways. The site also contains two tot lots
located within the northern and southern areas of the development and an extensive sidewalk and
pathway network consisting of approximately 5 -miles of pedestrian facilities.
The "Active Adult Living" area located on the west side of North Palmer Lane will have a 3.23 -
acre central common area with an 11,000 -square foot clubhouse inclusive of an indoor swimming
pool. The clubhouse will include a fitness room, studio, and great room. The outdoor amenities
will include pickleball courts, bocce ball courts, gathering areas, picnic shelters, and parking.
Connected to the central common area, to the north and the south, is linear open spaces consisting
of 10.27 -acres with 6 -foot wide pathways connecting the residential areas. The sidewalk and
pathway network will consist of 1.45 -miles of pedestrian facilities.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plats associated with each phase. The plans are to
show how swales, or drain piping, will be developed in the drainage easements. Also, the
CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except within a
drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 -feet wide, except
that lesser easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development. The applicant provided a preliminary plat/PUD, date stamped by the
City on April 11, 2019, which contains a plat note indicating that a five (5) foot wide drainage,
irrigation, and public utility easements are proposed adjacent to all single-family lot lines which
do not front a public or private street.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District (east of North
Palmer Lane) and the Star Fire Protection District (west of North Palmer Lane).
On-site Septic System:
There are two (2) existing septic systems which served two (2) dwellings located on the property.
The septic systems will need to be abandoned during construction of the subdivision.
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Preservation of Existing Natural Features:
The site contains trees located adjacent to the irrigation canal located in proximity to the eastern
boundary of the development.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
J. STREET DESIGN:
(The two (2) street sections described are based on the preliminary plat/PUD, date stamped by
the City on April 11, 2019.)
Private Street:
The typical street section for the private street shows a 50 -foot wide street section (contained
within a common lot) inclusive of 29 -feet of travel way (as measured from front of curb to front
of curb) with a 2 -foot wide rolled curb located on each side of the roadway, which complies with
ACHD Policy Standards. The street section also shows 5 -foot wide attached sidewalks with 3.5 -
feet of area located between the back of the sidewalk and the lot line on each side of the street.
Public Street:
The typical street section for the public street shows a 60 -foot wide right-of-way inclusive of a
33 -foot wide travel way (as measured from front of curb to front of curb) with a 2 -foot wide
rolled curb located on each side of the street, which complies with ACHD Policy Standards. The
street section also shows an 8 -foot wide planter strip, 5 -foot wide detached sidewalks, and a .5 -
foot (6 -inches) area located between the back of sidewalk and the edge of the right-of-way.
Applicant's Justification for Private Streets:
See page 8 of the applicant's narrative, date stamped by the City on March 12, 2019.
Blocks Less Than 500': None
Cul-de-sac Design:
The typical cul-de-sac street section shown on the preliminary plat/PUD, date stamped by the
City on April 11, 2019, shows a 64 -foot right of way inclusive of a 10.5 -foot landscape island, a
40 -foot wide travel lane (measured from back of curb to back of curb), 8 -foot landscaped planter
strip, 5 -foot separated sidewalk, and a .5 -foot (6 -inches) area located between the sidewalk and
the right-of-way (as measured from the center of the of the cul-de-sac to the right-of-way).
The preliminary plat/PUD shows 18 -cul-de-sacs as follows:
• West Montfort Place: 670 -feet in length.
• West Venetian Court: 450 -feet in length.
• West Moselle Lane: 700 -feet in length (east of West Hartley Way).
• West Moselle Lane: 450 -feet in length (west of West Hartley Way).
• North Coulais Court: 230 -feet in length (south of North Montfort Way).
• West Marie River Court: 150 -feet in length.
• North Coulais Court: 600 -feet in length (north of North Cannes Way)
• North Provence Drive: 440 -feet in length
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• West Capraia Island Lane: 370 -feet in length (west of North Sangro River Lane)
• West Capraia Island Lane: 420 -feet in length (east of North Linosa Island Lane)
• West Sassari Lane: 370 -feet in length (west of North Sangro River Lane)
• West Sassari Lane: 420 -feet in length (east of North Linosa Island Lane)
• West Rimini Lane: 370 -feet in length (west of North Sangro River Lane)
• West Rimini Lane: 420 -feet in length (east of North Linosa Island Lane)
• West Cantal Lane: 370 -feet in length (west of North Sangro River Lane)
• West Cantal Lane: 420 -feet in length (east of North Linosa Island Lane)
• West Vienne Lane: 370 -feet in length (west of North Sangro River Lane)
• West Vienne Lane: 420 -feet in length (east of North Linosa Island Lane)
Sidewalks:
The preliminary plat/PUD, date stamped by the City on April 11, 2019, shows typical street
sections for the internal public streets and the cul-de-sacs with detached 5 -foot wide sidewalks
separated by an 8 -foot wide landscape planter strip. There will be a 10 -foot wide sidewalk
separated by an 8 -foot wide landscape planter strip located on the east side of North Palmer Lane.
The west side of North Palmer Lane will have a 5 -foot wide sidewalk separated by an 8 -foot wide
landscape planter strip. The typical street section for the private streets shows 5 -foot wide
attached sidewalks.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat/PUD, date stamped by the City on April 11, 2019, shows 6 -foot wide
pathways providing inner connectivity throughout the development. The preliminary plat/PUD
also shows a 10 -foot wide nature trail located in proximity to the east property boundary and
extending from West Beacon Light Road south to West Rhine River Street. The nature trail
continues as an 8 -foot wide section from West Rhine River Street to West Floating Feather Road.
The 10 -foot wide nature trail extends to the east through Lot 42, Block 15, and Lot 14, Block 14,
providing a connection to a 6 -foot wide pathway which continues to North Hartley Way.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
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subdivisions as part of the public right-of-way or separate easement, as may be specified by the
City Council.
L. PUBLIC USES PROPOSED:
The preliminary plat/PUD, dates stamped by the City on April 11, 2019, identifies a 12.09 -acre
City Park site and a 10.08 -acre proposed elementary school site located at the southeast corner of
North Palmer Lane and West Beacon Light Road.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes — located in proximity to the Dry Creek Canal and within a proposed common
lot located adjacent to the east property line.
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — no
Wildlife Habitat — unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated May 10, 2019, are of special
concern.
City Trails and Pathways Superintendent
Ada County Highway District
Ada County Highway District (email correspondence from Mindy Wallace, Planner III, dated
June 10, 2019)
Andeavor
Central District Health
Communities in Motion 2040 Development Review
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
New Dry Creek Ditch Company
Republic Services
Star Fire Protection District
West Ada School District
West Ada School District (email correspondence from Joe Yochum, dated October 3, 2019
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Q
LETTERS FROM THE PUBLIC (attached to the staff report and the staff memorandum dated
October 4, 2019):
Correspondence received from David Sterling, P.E., with T -O Engineers, date stamped by the
City on May 1, 2019
Email correspondence received from Pat Minkiewicz, dated September 22, 2019
Email correspondence received from Lynne and Curtis Stoddard, dated September 23, 2019
Email correspondence received from Tom Brengle, dated September 24, 2019
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant has indicated within the provided narrative, date stamped by the City on March 12,
2019, that the development will be constructed over the next 10 -years consisting of
approximately 15 phases.
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment,
and/or conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water and
sewer, and schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided
in a non -PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the
surrounding area for this proposed development justifies any proposed deviation from any
standard district regulations.
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In cased of large - scale PUDs (incorporatingfifty (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.
17. LANDSCAPING:
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of
existing landscape, pedestrian way treatment, and recreational areas, incorporated into this
development, exceed that of a non PUD development.
18. SITING:
That the quality of the designs for visual focal points, use of existing features such as
topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation
pattern, physical environment, variation in building setbacks, and building grouping (such as
clustering), incorporated into this development, exceed that of a non PUD development.
19. DESIGN FEATURES:
That the quality of the designs for street sections, architectural styles, harmonious use of
materials, parking areas broken by landscaping features, and varied use of housing types,
incorporated into the development, exceed that of a non -PUD development.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAi ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The densities associated with the project were based on the Eagle 2007 Comprehensive Plan.
Condition of Development #1.3 of the executed development agreement (Ada County instrument
#107164794) states that the property may be developed based on the comprehensive plan that was
in effect at the time the development agreement was recorded. The following information shows
the history of the site based on the comprehensive plan in effect of the time and the basis of the
approved densities as well as the maximum number of residential units which may be approved
based on the 2017 Eagle is Home Comprehensive Plan.
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Eagle 2007 Comprehensive Plan (adopted February 2007)
I, . ) Village
Center
residential Four
'Residential Two 1
2007 COMP PLAN Densities:
Village Center: 80 Acres @ 10 units/acre= 800 units
Residential Four: 85acres @ 4 units/acre= 340 units
Residential Two: 207 acre @ 2 units/acre= 414 units
Subtotal: 1,554
10% PUD Bonus: 155
Total Development Potential: 1,709
units
Application History:
3/27/2007: A-08-07/RZ-10-07 Application for annexation and rezone
2007 Application Request
1,824 units Max (4.9units/acre)
132 acres at 2 units/acre = 264 units
140 acres at 4 units/acre = 560 units
100 acres at 10 units/acre = 1000 units
(Each acre of mixed use not used as residential; 10 units are deducted from the
total unit count)
10% Open Space
50% of non -buildable school site counts as open space
L JILL LI
i
110 RN/I 1FC} iF:\
a �
2007 Conceptual Plan within DA:
1,334 Residential units
49 acres of Mixed use (non-residential)
(490 units deducted)
37.2 acres of open space (10%)
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11/20/2007 Approved by Eagle City Council
2007 Approval & DA Standards
1,824 units Max (4.9units/acre)
132 acres at 2 units/acre = 264 units
140 acres at 4 units/acre = 560 units
100 acres at 10 units/acre = 1000 units
(Each acre of mixed use not used as residential; 10 units are deducted from the
total unit count)
10% Open Space
50% of non -buildable school site counts as open space
Evolution of the Belvoir (Hormachea Limited Partnership)
2007 2007 2019
DA Approval Conceptual Plan Belvoir App.
Acreage 372 372 372
Residential units 1824 1334 913
Overall Density 4.90
3.58 2.45
Low Density Residential (2/acre)1 264 264 288
Medium Density Residential (4/acre)2 560 560 367
MU Residential (10/acre)3 1000 510 258
Commercial/Office (MU) acres
49
41.47
N/A
Open Space Acres
% Commercial 13.2%
37.2
Open space % 10%
School Site acreage4 N/A
City Park S ite4 N/A
11.1%
37.2
10%
N/A
N/A
0%
96.66
26%
10.08
12.09
1: Belvoir application is requesting the minimum lot size for a Residential Two lot be reduced from 17,000 sq. ft to 6,125 sq. ft
Belvoir application is requesting minimum lot size for Residential Four be reduced from 8,000 sq. ft to 5,775 sq. ft.
Belvoir application is requesting the minimum lot sizes in the Mixed- Use area be increased from 5,000 sq. ft to 5,600 sq. ft
4: 50% of the non -building area of the public -school site is counted as open space
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2017 Eagle is Home Plan (adopted November 2017)
V
Com s act IResidenti l 1
ighborhood, idenhial
1
Ihn
2017 Eagle is Home Densities:
Village Center: 12 Acres @ 10 units/acre=
120 units
Compact Res.: 15 acres @ 8 units/acre=
120 units
Neighborhood Res: 345 acre @ 2
units/acre= 690 units
Total Development
Potential: 930 units
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
States in part that Single -Family Dwellings (New), Park and Recreation Facilities and
Personal Wireless Facilities (height — over 35'), and Schools, Public or Private requires
approval of a conditional use permit within the MU (Mixed Use) zoning designation.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks Minimum
Note Conditions A To E* Lot Area
Zoning Maximum (Acres Or Minimum
District Maximum Front Rear Interior Street Lot Covered Square Lot
Height Side Side F And J* Feet) 11* Width I*
R-2 35' 30' 30' 10' 20' 40% 17,000 75'
R-4 35' 20' 25' 7.5' 20' 40% 8,000 70'
MU 35' 20' 20' 7.5' 20' 50% 5,000 50'
• Eagle City Code Section 8-2A-6(B)(6)(a): Architectural Appurtenance Height Restrictions:
a. All spires, poles, antennas, steeples, towers, and any other such structures shall be limited
to a maximum of forty feet (40') within the DDA and TDA and thirty five feet (35') in all
other locations. Additional height may be permitted if a conditional use permit is
approved by the City Council.
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• Eagle City Code Section 8-2A-7 (J)(4)(a & b): Landscape and Buffer Area Requirements:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted 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.
b. Any road designated as a minor arterial on the transportation and pathway network plan
in the Eagle comprehensive plan:
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.
• Eagle City Code Section 8-3-5: Unique Land Uses:
S. Personal Wireless Facilities, Spires, Poles, Antennas, Steeples, Towers, And Other Such
Structures:
2. Towers And Personal Wireless Facilities In Zoning Districts:
b. Mixed Use District: Personal wireless facilities shall be camouflaged or
concealed, not readily identifiable as such, designed to be aesthetically
compatible with existing and proposed uses on the site in the mixed use district.
• Eagle City Code Section 8-6-1: Planned Unit Developments: Purpose, Goals, and Objective:
A. Purpose: The purpose of this chapter is to establish clear development standards that will
achieve the city of Eagle's vision for development as presented in the Eagle
comprehensive plan. The standards will be designed to create livable communities that
provide exemplary open spaces and recreational opportunities, that encourage a
diversification of housing types, styles and living options for a wide range of income
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levels and lifestyles, and thereby enhance the living experience within the city of Eagle.
B. Goals: To provide guidance and establish expectations for development within the city of
Eagle. The PUD provides clear standards and options for development within the city
including lot sizing, open space and the diversification ofhousing types.
C. Objective: To guide land development and construction through the planned unit
development (PUD) to achieve the following:
1. A maximum choice of living environments by allowing a variety of housing and
building types, lot dimensions, yards, building setbacks and area requirements;
2. Amore 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, office
uses and services;
3. 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;
4. Amore efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
5. A development pattern in harmony with the objective for land use density,
transportation and community facilities as presented in the comprehensive plan.
• Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options, the following
design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title, except that a decrease in the minimum lot size
may be allowed if there is an "offsetting increase" of the same square footage in open
space and a favorable finding is made by the council that the smaller lots are
appropriately integrated into the overall design and that the building product type is
compatible with the PUD and surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point
for minimum open space, prior to any "offsetting increase" being added, shall be the area
that is equal to ten percent (10%) of the site. This allowance shall only be permitted
under the following criteria:
1. The total common area open space shall be equal to or greater than twenty percent
(20%), inclusive of the "offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity
and architectural and siting variation are incorporated into the development and that
these factors make up a substantial contribution to the objectives of the PUD. These
design elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical environment,
variation in building setbacks and building grouping (such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
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parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone
under section 8-2-4 of this title
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-3-2-5: Private Streets:
Private streets may be permitted, in the discretion of the Council, subject to the following:
A. Compliance: Private streets may provide access to any parcel or lot provided the council
determines that the private streets are in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings such
that private streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking.
3. The private streets shall provide adequate access for service and emergency vehicles.
4. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel
layout.
6. Other than to provide emergency access, the private streets do not connect one public
street to another, thereby encouraging travel through the development served by the
private street; provided, however, that in order to provide secondary access, a private
street may have more than one connection to a public street and/or may be connected
to more than one public street if access thereto is controlled by automatic gates or
other control devices approved by the council.
7. The use or alignment of the private streets does not interfere with the continuity of
public streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets, including provisions for the funding thereof.
B. Construction And Design Standards: Private streets shall conform to the following
construction and design requirements:
1. All private street construction shall be in accordance with Ada County highway
district's structural standards for streets including base course and asphaltic concrete
mat thickness utilizing the appropriate traffic index or as may be recommended by
the city engineer and approved by the city council, and shall further be in accordance
with Ada County highway district's intersection design and drainage requirements, or
as may be recommended by the city engineer and approved by the city council.
2. Except as may be otherwise set forth in this section, private streets shall meet such
design and dimensional requirements as the council may determine are appropriate
considering the proposed use and the site upon which the private streets are to be
placed, however, all private streets shall contain paved travel lanes a minimum of
twelve feet (12') in width (except as noted herein) and shall otherwise provide for the
safe, convenient, and effective movement of both vehicular and pedestrian traffic.
Vertical curbing shall be provided for streets that are less than thirty four feet (34') in
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total width.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including, but
not limited to, designated parking and "no parking" areas, speed, stop, and such other
signs as are required for safe pedestrian and vehicle travel.
5. All private streets shall, during the progress of construction, be inspected and tested,
at the expense of the owner or developer, by a qualified inspector in order to ensure
compliance with the construction and design standards set forth in this section, the
construction drawings as prepared by the registered professional engineer, and good
engineering and construction practices. Reports of such inspections and tests shall be
submitted, together with a certification of such compliance, for the review and
approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public
right of way, or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G
of this chapter and subject to the approval of the Eagle fire district and city
engineer and provided further that proper maintenance of the island is provided
for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the
Eagle fire district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer, and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared
by a licensed professional engineer in the state in substantial conformance with
engineering and design standards in effect at the time of preparation of the design.
Construction drawings, together with a certification of such conformity, shall be
submitted for the review and approval by the city engineer. No part of this section
shall be construed as allowing a private street that is not in conformance with current
engineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more
restrictive standard shall prevail, unless specifically determined otherwise by the city
council.
C. Access And Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost estimate
therefor prepared by a licensed professional engineer in the state, together with a
proposed method for funding the same, including, but not limited to, the creation and
maintenance of a reserve fund for that purpose, shall be submitted with the final plat
application for review and approval by the city engineer and city council.
2. The location of the private street shall be clearly depicted on the face of the plat and
notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private
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street the perpetual right of ingress and egress over the described private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street cannot
be modified and the homeowners'/property owners' association or other entity
cannot be dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be
recorded at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private street in accordance with the
approved plan as provided for in subsection Cl of this section. Said restrictive
covenant shall also provide that the said covenant shall run with the land and that the
said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the
city. The said restrictive covenant shall be reviewed and approved by the city
attorney prior to certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private street approved in accordance
with the provisions of this section to undertake such repair and maintenance activities
as it may determine is necessary to protect the public health, safety, or welfare and
make such expenditures from the funds reserved therefor as may be required thereby;
and the owner or responsible entity shall, as a condition of approval of any such
private street, be deemed to have agreed to comply with any such order and to
reimburse the city all of its costs, including attorney fees, incurred in obtaining or
enforcing any such order. Any order entered by the council pursuant to this
subsection may be enforced by a court of competent jurisdiction and the city shall be
entitled to recover its costs and attorney fees incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to
all applicable components of the comprehensive plan.
E. Waiver: The Council may waive or modify any of the standards or requirements of this
section when the private streets have been determined to be an integral element of the
overall plan and scheme of the development or will serve to enhance the overall
development; provided, however, that any such waiver shall not be injurious to public
health or safety.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines. Total easement width shall not be less than twelve feet (12'), except that
lesser easement widths, to coincide with respective setbacks, may be considered as part
of the planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
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• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in
width. Micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum eight feet (8') wide and shall be
located within a sixteen foot (16') wide pedestrian access easement, however, in an
area where low volume pedestrian traffic is anticipated, the council may consider a
reduction in pathway width to six feet (6'). Regional pathways such as the Boise
River greenbelt and pathways located adjacent to major roadways shall be a
minimum ten feet (10') wide and shall be located within a twenty foot (20') wide
pedestrian access easement.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL (Based on the development agreement (executed December 7,
2007), Ada County instrument #107164794):
1.1
1.3
1.4
All development of the Property shall be consistent with the Eagle Architecture and Site
Design Book and the Eagle City Code 8-2A and be generally consistent with the Concept
Plan attached hereto as "Exhibit B" ; provided, however, it is the intent of this Agreement
to allow flexibility at the time a detailed plan and platting are submitted to the City so
long as the general intent of the Concept Plan and the requirements set forth in this
Agreement are met.
Development of the Property shall comply with Eagle's Comprehensive Plan and City
Code as in effect at the time this Agreement is recorded, provided that Applicant may, at
its sole discretion, request to use the current version of the Eagle City Code at the time of
platting.
Development of the Property shall comprise two primary elements: residential
development and mixed use development, as described below:
1.4.1 Residential Development
1.4.1.1 Up to 1,824 dwelling units may be developed on the Property which is an
equivalent gross density of 4.9 residential dwelling units per acre.
1.4.1.2 Residential development on the Property shall include 132 acres of
Residential Two (R-2), 140 acres of Residential Four (R-4), and 100
acres of Mixed Use (MU).
1.4.1.3 The Residential densities illustrated in the conceptual plan are
maximums. The maximum density within the R-2 zone is two (2) units
per acre and the maximum density within the R-4 zone is four (4) units
per acre.
1.4.2 Mixed Use Development
1.4.2.1 Mixed Use land uses shall be limited to 26.8% of the Property. The
Property shall be developed in compliance with the Eagle City Code and
Eagle's Comprehensive Plan as adopted at the time this Agreement is
recorded, except as otherwise provided in Section 1.3 of this Agreement.
1.4.2.2 Commercial uses shall conform with the "Community Commercial"
guidelines within the City of Eagle Comprehensive Plan dated February
13, 2007, except as otherwise provided in Section 1.3 of this Agreement.
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1.5
1.4.2.3 For each acre zoned Mixed Use (MU) that is not developed as
residential, 10 dwelling units shall be removed from the total maximum
allowed number of dwelling units provided under Section 1.4.1.1 ( 1,824
units) for the Property.
If the applicant chooses, a portion of the Property may be provided to the Meridian Joint
School District or other public school authority for use as one or more public school or
public charter school sites. The school site(s) shall be subject to Eagle's design review
process and standards set forth in Eagle City Code Section 8 2A.
1.5.1 Up to 50% of the site or the non -building portion of the site may be credited
toward the open space requirement for the Development.
1.5.2 The school site(s) shall be located north of Floating Feather Road and access to
the site(s) shall originate internally from the Property and not from any arterial
road.
1.5.3 This Agreement is in lieu of a conditional use permit for development of the
school site(s) that would normally be required within the "R2" zoning district.
1.9 Applicants shall comply with the landscape and buffering standards within ECC 8-2A.
[sic]
1.10 The current conceptual plan for the property does not address the use of private roads. If
the applicant wishes to include private roads this Development Agreement shall be
amended at the time of preliminary plat.
1.12 The City is planning for potable water service for the Property and to provide such
service agrees to follow the City of Eagle Municipally Owned Water System PWS
#4010201 Amended Master Plan (Revised November 2005) as reasonably amended
from time to time ("Facilities Plan"). Applicant has reviewed the Facilities Plan and
agrees it is reasonable. The City agrees that the Development's connection to the City's
municipal water system is in accordance with the Facilities Plan and payment of
associated S 1L and related fees by the Applicant under the Facilities Plan shall serve as
compliance with Eagle City Code section 6-5-23(C). Applicant and the City may
establish an LID, latecomer fees or other equivalent methods for funding of such fees
consistent with the Facilities Plan. Applicant agrees to keep the City informed as to
Applicant's plat application(s) and related construction schedules for the Development.
Only in the event the City fails or otherwise refuses to provide potable water service to
the Property and after receiving a reasonable opportunity to cure such default consistent
with this paragraph and this Development Agreement, Applicant may seek alternative
potable water service from other capable providers. If Applicant obtains alternative
potable water service from another capable provider after complying with this Agreement
and giving the City a reasonable opportunity to provide water service as provided herein,
Applicant shall be relieved of any limitations on the transfer of Applicant's water rights
under Paragraph 1.14 below.
1.14 Because the Facilities Plan provides for all the potable water needs of the Development,
without requiring the City to acquire any additional water rights, and because Applicant
participated in the construction of the City's Brookwood well, Applicant shall not be
required to transfer any water rights to the City, unless the City purchases the same. All
existing ground water and surface water rights held by the Applicant shall remain in the
ownership of the Applicant unless transferred pursuant to this paragraph. Applicant may
apply to the Idaho Department of Water Resources to convert the beneficial use of such
water rights as necessary for development of the irrigation and aesthetic needs of the
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Development. Applicant agrees that prior to any transfer of the water rights from the
Property, Applicant will provide the City a right of first offer for any ground or surface
water rights that the Applicant determines, in its sole discretion, are no longer needed on
the Property for its intended development.
E. DISCUSSION (based on the preliminary plat/PUD, date stamped by the City on April 11, 2019
and the executed development agreement, [executed December 7, 2007, Ada County Instrument
#107164794]):
• Pursuant to the executed development agreement associated with the subject property the
property was annexed and rezoned to MU -DA (Mixed Use with a development agreement)
consisting of 101.28 -acres, R -2 -DA (Residential with a development agreement) consisting
of 139.61 -acres, and R -4 -DA (Residential with a development agreement) consisting of
131.42 -acres. The development agreement allowed up to 1,824 -dwelling units with a gross
density of 4.9 -dwelling units per acre to be developed upon the subject property. The
development agreement also contained a condition of development to allow a school to be
located within the site as a permitted use. The applicant is proposing a total of 913 -dwelling
units with a gross density of 2.49 -dwelling units per acre (not inclusive of half the area
associated with the proposed school site).
The applicant is proposing to develop the entire site with single-family residential units with
the exception of the area located at the southeast corner of West Beacon Light Road and
North Palmer Lane. The area is zoned MU -DA (Mixed Use with a development agreement)
and will contain a 10.08 -acre proposed elementary school site and a 12.09 -acre park site. The
remaining MU -DA (Mixed Use with a development agreement) areas within the subject
property will contain single-family residential dwellings. Pursuant to Eagle City Code
Section 8-2-3, single-family dwellings (new) and schools, public or private require a
conditional use permit within the MU (Mixed Use) zoning designation. Based on the
executed development agreement (instrument #107164794) recognizing the school use and
the residential uses within the MU (Mixed Use) as permitted uses, the school site and the
single-family residential dwellings continue to be permitted uses identified in the modified
development agreement.
• The property is located within the City of Eagle's Municipal Water System service area.
There is currently a new municipal well (City Well No. 6) being constructed within the
Legacy development and it is anticipated to be completed in mid-December of this year.
Available capacity associated with the current municipal water system, future final plat
signatures may be withheld until such time City Well No. 6 is completed and becomes part of
the City potable water distribution system. Upon approval of the preliminary development
plan/preliminary plat, the applicant may continue to provide final development plan and final
plat applications to the City for processing. The applicant acknowledges that based on
capacity of the municipal water system, the City may not sign the final plat(s) until City Well
No. 6 has been completed and becomes part of the City potable water distribution system.
• The street section associated with the private streets shows attached sidewalks. The applicant
should be required to provide a revised preliminary plat/preliminary PUD showing the typical
private street section with the common lot a minimum of 59 -feet in width with a 33 -foot wide
roadway section (measured from back of curb to back of curb, an 8 -foot wide planter strip
and detached 5 -foot wide sidewalks located on each side of the street. The revised
preliminary plat/preliminary PUD should be provided prior to submittal of final development
plan/final plat applications.
• The preliminary plat/preliminary PUD shows the sewer and water lines located within the
common lots containing the private streets. The associated plat notes #9 and #10 do not
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reference any easements for public utilities and/or drainage. The applicant should be required
to provide a revised preliminary plat/preliminary PUD with plat notes #9 and #10 revised to
include that the referenced private street lots have a blanket public utility and drainage
easement. The revised preliminary plat/preliminary PUD should be provided prior to
submittal of final development planlfinal plat applications.
• Page 5 of the preliminary plat/PUD identifies the "Active Adult Living" area located west of
North Palmer Lane. The area located west of the "Active Adult Living" area is designated
Neighborhood Residential within the comprehensive plan with a maximum density of 1-2
dwelling units/acre. The "Active Adult Living" area has a R -4 -DA (Residential with a
development agreement) zoning designation. The lots within the "Active Adult Living" area
located adjacent to the west property line range in size from 5,891 -11,304 -square feet in size.
Since the properties located west of the development will not have densities exceeding 2 -
dwelling units/acre, the lots located adjacent to the west property line within the "Active
Adult Living" area should be a minimum of 8,000 -square feet in size to provide a transition
to the adjacent property in the future. The applicant should be required to provide a revised
preliminary plat/PUD with lots located adjacent to the west property line of the "Active Adult
Living" area to be a minimum of 8,000 -square feet in size. The revised preliminary plat/PUD
should be provided prior to submittal of final development planlfinal plat applications.
• Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes are
required to conform with the closest compatible base zone identified in Eagle City Code
Section 8-2-4. The proposed setbacks as shown below and on page 7 of the preliminary
plat/PUD dimensional standards reflects the following minimum lot size, maximum lot
coverage, minimum lot width, and setbacks for five (5) separate areas:
ACTIVE ADULT LIVING:
Minimum Lot Size 5,600 -square feet
Maximum Lot Coverage 55%
Minimum Lot Width 55 -feet
Setbacks:
Front 20 -feet (Garage)
15 -feet (Side Entry Garage)
15 -feet (Living)
Rear 15 -feet
Side 5 -feet
Street Side 20 -feet
GARDEN LOTS:
Minimum Lot Size 5,800 -square feet
Maximum Lot Coverage 50%
Minimum Lot Width 55 -feet
Setbacks:
Front 20 -feet (Garage)
15 -feet (Living)
Rear 15 -feet
Side 5 -feet
Street Side 20 -feet
WOODLAND LOTS:
Minimum Lot Size 9,000 -square feet
Maximum Lot Coverage 40%
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Minimum Lot Width 75 -feet
Setbacks:
Front 25 -feet (Garage)
20 -feet (Living)
Rear 20 -feet
Side 5 -.feet 1St story (+2.5 -feet 2"d story)
Street Side 20 -feet
COUNTRYSIDE #1 LOTS:
Minimum Lot Size 13,000 -square feet
Maximum Lot Coverage 40%
Minimum Lot Width 90 -feet
Setbacks:
Front 30 -feet (Garage)
25 -feet (Living)
Rear 20 -feet
Side 10 -feet
Street Side 20 -feet
COUNTRYSIDE #2 LOTS:
Minimum Lot Size 10,000 -square feet
Maximum Lot Coverage 40%
Minimum Lot Width 85 -feet
Setbacks:
Front 25 -feet (Garage)
20 -feet (Living)
Rear 20 -feet
Side 7.5 -feet 1st story (+2.5 -feet 2nd story)
Street Side 20 -feet
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SETBACK EXHIBIT (PROPOSED) (see 8 % x 11 copy attached to the staff report and the
full size copy of the preliminary plat/PUD dimensional standards [page 7 of 7])
Pursuant to Eagle City Code Section 8-2-4, the following setbacks, maximum lot coverage,
and minimum lot widths are required:
MU (Mixed Use) zone
Front 20 -feet
Rear 20 -feet
Interior Side 7.5 -feet (first story)/12.5-feet (second story)
Street Side 20 -feet
Maximum Lot Coverage
Minimum Lot Width
50%
50 -feet
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R-2 (Residential) zone
Front 35 -feet
Rear 30 -feet
Interior Side 10 -feet (first story)/15-feet (second story)
Street Side 20 -feet
Maximum Lot Coverage
Minimum Lot Width
40%
75 -feet
R-4 (Residential) zone
Front 20 -feet
Rear 25 -feet
Interior Side 7.5 -feet (first story)/12.5-feet (second story)
Street Side 20 -feet
Maximum Lot Coverage
Minimum Lot Width
40%
70 -feet
Eagle City Code Section 8-2-4(A)(4) states: A single-family dwelling that utilizes a side entry
garage shall be permitted to have a 5 -foot reduction in the minimum required front yard
setback provided that the distance in no less than 15 -feet within the MU zoning district.
Eagle City Code Section 8-2-4(G) states: All front load garages shall be setback a minimum
of 25 -feet from the back of sidewalk.
The following comments are specific to the "Active Adult Living" area:
The front setback should be minimum of 25 -feet to allow for vehicles to be parked in front of
the garage without encroaching into the sidewalk. Also, based on the width of the lots and the
proposed side yard setback of 5 -feet the residential dwellings located within the "Active
Adult Living" area should not exceed single -story (25 -feet maximum height).
The following comments are specific to the "Garden Lots" area:
The "Garden Lots" area is located within an area with public streets. The street section
associated with public streets shows .5 -feet (6 -inches) of area located between the back of the
sidewalk and the property line. The front setback to the front of the garage should be
increased to 25 -feet to ensure that vehicles parked between the back of sidewalk and the front
of the garage do not encroach into the sidewalk. Also, based on the width of the lots and the
proposed side yard setback of 5 -feet the residential dwellings located within the "Garden
Lots" area should not exceed single -story (25 -feet maximum height).
The following comments are specific to the "Woodland Lots", "Countryside #1 Lots",
and the "Countryside #2 Lots" areas:
The proposed minimum lot widths in these three (3) areas are in conformance with the
minimum lot widths as required pursuant to Eagle City Code Section 8-2-4. The applicant is
proposing a side yard setback of 5 -feet (1St story) plus 2.5 -feet for two-story structures for lots
located within the "Woodland Lots" area. Staff recommends the side yard setback be 7.5 -feet
(lSt story) plus an additional 5 -feet for two-story structures, in accordance with Eagle City
Code Section 8-2-4.
The applicant is not proposing a two-story setback for lots located within the "Countryside #1
Lot" area. Staff recommends an additional side yard setback of 5 -feet be required for lots
located within "Countryside #1 Lots" area, in accordance with Eagle City Code Section 8-2-
4.
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The applicant is proposing an additional side yard setback of 2.5 -feet for two-story structures
for lots located within the "Countryside #2 Lots" area. Staff recommends an additional side
yard setback of 5 -feet be required for lots located within "Countryside #2 Lots" area, in
accordance with Eagle City Code Section 8-2-4.
It is staff's opinion (based on the sizes and widths of the proposed lots) the setbacks should
be as follows:
ACTIVE ADULT LIVING:
Minimum Lot Size 5,600 -square feet
Maximum Lot Coverage 55%
Minimum Lot Width 55 -feet
Setbacks:
Front 25 -feet (Garage)
15 -feet (Side Entry Garage)
15 -feet (Living)
Rear 15 -feet
Side 5 -feet
Street Side 20 -feet
The residential dwellings shall be single -story (25 -feet maximum height).
GARDEN LOTS:
Minimum Lot Size 5,800 -square feet
Maximum Lot Coverage 50%
Minimum Lot Width 55 -feet
Setbacks:
Front 25 -feet (Garage)
15 -feet (Living)
Rear 15 -feet
Side 5 -feet
Street Side 20 -feet
The residential dwellings shall be single -story (25 -feet maximum height).
WOODLAND LOTS:
Minimum Lot Size 9,000 -square feet
Maximum Lot Coverage 40%
Minimum Lot Width 75 -feet
Setbacks:
Front 25 -feet (Garage)
20 -feet (Living)
Rear 20 -feet
Side 7.5 -feet (first story) 5 -feet (each additional story)
Street Side 20 -feet
COUNTRYSIDE #1 LOTS:
Minimum Lot Size 13,000 -square feet
Maximum Lot Coverage 40%
Minimum Lot Width 90 -feet
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Setbacks:
Front 30 -feet (Garage)
25 -feet (Living)
Rear 20 -feet
Side 10 -feet (first story) 5 -feet (each additional story)
Street Side 20 -feet
COUNTRYSIDE #2 LOTS:
Minimum Lot Size 10,000 -square feet
Maximum Lot Coverage 40%
Minimum Lot Width 85 -feet
Setbacks:
Front 25 -feet (Garage)
20 -feet (Living)
Rear 20 -feet
Side 7.5 -feet (first story) 5 -feet (each additional story)
Street Side 20 -feet
• The preliminary plat/PUD shows a centralized neighborhood park area located within Lot 30,
Block 17. The applicant has provided a `Belvoir Neighborhood Park Conceptual Landscape
Plan", date stamped by the City on July 12, 2019, which identifies the amenities proposed to
be located within the neighborhood park area. The applicant should be required to construct a
neighborhood park area located within Lot 30, Block 17, (as shown on the preliminary
plat/PUD, date stamped by the City on April 11, 2019). The neighborhood park should be
constructed with the amenities as identified on the Belvoir Neighborhood Park Conceptual
Landscape Plan, date stamped by the City on July 12, 2019.
• The preliminary plat/PUD shows a centralized "Active Adult Living Amenity Concept' area
located within Lot 246, Block 1, of the "Active Adult Living" area. The applicant has
provided a "Belvoir Rec Center Conceptual Landscape Plan", date stamped by the City on
July 12, 2019, which identifies the amenities proposed to be located within the "Active Adult
Living Amenity Concept" area. The applicant's narrative, date stamped by the City on March
12, 2019, indicates the common area will have an 11,000 -square foot clubhouse with an
indoor pool, fitness room, studio, and great room. The centrally located common lot will
provide extensive outdoor activities and provide for a community gathering place. The
applicant should be required to construct the "Active Adult Living Amenity Concept" located
within Lot 246, Block 1, (as shown on the preliminary plat/PUD, date stamped by the City on
April 11,2019) with the amenities as identified on the Belvoir Rec Center Conceptual
Landscape Plan, date stamped by the City on July 12, 2019, prior to the City Clerk signing
the final plat.
• The applicant's narrative, date stamped by the City on March 12, 2019, indicates the
development will have playground equipment. The preliminary plat/PUD shows playground
equipment located within Lot 1, Block 2 and Lot 10, Block 12. The applicant should be
required to provide playground equipment within Lot 1, Block 2 and Lot 10, Block 12 (as
shown on the preliminary plat/PUD, date stamped by the City on April 11,2019) prior to the
City Clerk signing the final plat for the associated phase containing those lots. The applicant
should be required to provide cut sheets showing the playground equipment to be reviewed
and approved by the Design Review Board and City Council prior to submittal of final
development plan/final plat applications.
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• The preliminary plat/PUD shows the internal pedestrian pathways at 6 -feet in width. Pursuant
to Eagle City Code Section 9-4-1-6, micropathways within subdivisions which are designed
for primary use by the residents of the subdivision are required to be a minimum of 8 -feet in
width however, in areas with low volume pedestrian traffic the City Council may consider a
reduction to 6 -feet in width. Based on the design of the subdivision, there are areas where the
internal pathways may experience higher volumes of pedestrian traffic (i.e. central
community park with the swimming pool area, pathway located across the street from the
central community park area, pathways from the school area, pathway located between the
east and west property boundary lines located north of West Frenchglen Street, and the
pathways located within the centralized common area within the "Adult Living" area). These
pathways are located within the following Lots and Blocks:
o Lot 8, Block 1 — Pathway located between the east and west property boundary lines.
o Lot 6, Block 8 — Pathway leading to the neighborhood park area.
o Lot 85, Block 17 — Pathway from the school site.
o Lot 7, Block 20 — Pathway from the school site.
o Lot 30, Block 17 — Pathway located within the neighborhood park area.
o Lot 212, Block 1 — Pathway centrally located within the "Adult Living" area.
o Lot 327, Block 1 — Pathway centrally located within the "Adult Living" area.
The applicant should be required to provide a revised preliminary plat/PUD showing 8 -foot
wide pathways located within the following locations:
o Lot 8, Block 1 — Pathway located between the east and west property boundary lines.
o Lot 6, Block 8 — Pathway leading to the neighborhood park area.
o Lot 85, Block 17 — Pathway from the school site.
o Lot 7, Block 20 — Pathway from the school site.
o Lot 30, Block 17 — Pathway located within the neighborhood park area.
o Lot 212, Block 1 — Pathway centrally located within the "Adult Living" area.
o Lot 327, Block 1 — Pathway centrally located within the "Adult Living" area.
The revised preliminary plat/PUD should be provided prior to submittal of final development
plan and final plat applications.
• The Eagle Parks, Pathways, and Recreation Commission reviewed the proposed pathways
and proposed park site associated with the development. The Trails and Pathways
Superintendent provided correspondence dated July 2, 2019, with the Parks, Pathways, and
Recreation Commission's (PPRC) recommendation. The PPRC made the following
recommendations:
o Construct a 10 -foot wide natural surface pathway located along the eastern boundary
of the subdivision. The pathway should be located within a 25 -foot wide pedestrian
easement dedicated to the City.
o Construct a 10 -foot wide sidewalk along North Palmer Road between West Beacon
Light Road and West Floating Feather Road. Approximately 215 -feet north of the
intersection of North Palmer Road and West Floating Feather Road the 10 -foot wide
sidewalk should extend east through Lot 8, Block 1 to provide connectivity to West
Floating Feather Road.
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o The 12 -acre public park site is not of sufficient size to contain adequate number of
sports fields and the restrooms and parking required to support those fields. The City
should collect impact fees rather than credit Belvoir for the parcel and have the parcel
developed into residential units versus a park site that would have to be developed
and maintained by the City.
The applicant should be required to provide and construct, a 10 -foot wide natural surface
pathway along the eastern portion of the property. The pathway should be constructed to the
City standard for natural surface pathways and constructed concurrently with Phase No. 1 of
any development of the property. The specific location and design of the pathway shall be
approved by the City prior to submittal of a design review application. The pathway should
be located in a recorded 25 -foot wide easement or easements dedicated to and accepted by the
City of Eagle. The instrument number of the recorded easement or easements should be
referenced on the face of the plat, upon recordation of the final plat(s) wherein the pathway is
located. The City should also have the option to erect wayfinding and other signage as
needed. The pathway should be maintained in perpetuity by the homeowner's association.
Also, the applicant should be required to provide and construct a 10 -foot wide concrete
surface detached sidewalk along North Palmer Road between West Beacon Light Road and
West Floating Feather Road. Approximately 215 -feet north of the intersection of North
Palmer Road and West Floating Feather Road the 10 -foot wide sidewalk should extend east
through Lot 8, Block 1 (as shown on the preliminary plat/preliminary development plan, date
stamped by the City on April 11, 2019) to provide connectivity to West Floating Feather
Road. The sidewalk should be constructed to the City standard for concrete surface pathways,
or to ACHD standards, depending on location. It should be constructed concurrently with
Phase No. 1. The specific location and design of the sidewalk should be approved by the City
prior to submittal of a design review application. The portion of the sidewalk located within
Lot 8, Block 1, should be located in a recorded 25 -foot wide easement or easements dedicated
to and accepted by the City of Eagle. The instrument number of the recorded easement or
easements should be referenced on the face of the plat, upon recordation of the final plat(s)
wherein the pathway is located. The City should also have the option to erect wayfinding and
other signage as needed. The pathway should be maintained in perpetuity by the
homeowner's association.
In regard to the 12.09 -acre future park site, it is staff's understanding that the applicant will
be requesting a waiver of the park impact fees to offset the cost associated with the proposed
City park site. The property is located within an area of the development with a MU -DA
(Mixed Use with a development agreement) zoning designation. In the event the City does
not accept the 12.09 -acre site for a future park, the maximum number of allowable dwelling
units associated with the overall property will need to be addressed if the applicant chooses to
develop the proposed City park site with residential dwelling units. If the 12.09 -acre site is
utilized for a commercial use, the total number of dwelling units within the overall property
should not exceed a maximum of 913 -dwelling units. Since the park site area is located
within the MU -DA (Mixed Use with a development agreement area, based on the original
development agreement the applicant may develop the property with up to 10 -dwelling
units/acre.
• The site was previously utilized as a feedlot — operations were ceased in 2018. The applicant
is proposing the removal of the agricultural improvements, existing older dwellings, and
accessory buildings with the exception of a grain silo, which is 60 -feet, 4 -inches in height.
The applicant's narrative, date stamped by the City on March 12, 2019, indicates the grain
silo has always been a key feature of the subject site and it is their desire to incorporate the
structure into the project. The grain silo will be located within a common lot of the
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development (Lot 3, Block 16). The area where the grain silo is located is zoned MU -DA
(Mixed Use with a development agreement). The grain silo currently has personal wireless
antennae located in proximity to the top of the structure. Pursuant to Eagle City Code Section
8-2-3, personal wireless facilities in excess of 50 -feet in height requires approval of a
conditional use permit. Also, pursuant to 8-2A-6(B)(6)(a) additional height over 35 -feet may
be permitted if a conditional use permit is approved by the City Council. Based on the fact
that the grain silo has been located on the site for several years and is utilized as a personal
wireless facility. The Council may approve the continuation of the personal wireless facility
in conjunction with the conditional use permit which is part of the PUD if the Council
determines that it meets the requirements of Eagle City Code Section 8-3-5(S). The applicant
should be required to submit a design review application showing the location and any
proposed changes to the grain silo/personal wireless facility. The design review application
should be reviewed and approved by the Design Review Board and City Council prior to
submittal of final development plan/final plat applications.
• Plat note #3 of the preliminary plat/preliminary PUD states, "The development of this project
shall be in accordance with applicable City of Eagle Zoning and Building Ordinances or as
otherwise approved under a planned unit development."
The development will be constructed in accordance with the City of Eagle's Zoning Code and
Subdivision Code. The applicant should be required to provide a revised preliminary
plat/preliminary PUD with plat note #3 revised to state, "The development of this project
shall be in accordance with the applicable City of Eagle Zoning Code and Subdivision Code
or as otherwise approved under a planned unit development." The revised preliminary
plat/preliminary PUD should be provided prior to submittal of final development planlfinal
plat applications.
• This application has a conditional use permit associated with the planned unit development.
Pursuant to Idaho Code 67-6512 (d) and Eagle City Code Section 8-7-3-5(D)(6) upon
granting of a conditional use permit, conditions may be attached to said permit which may
include requiring provisions for on-site and off-site public facilities or services. The Idaho
Transportation Department (ITD) provided correspondence, date stamped by the City on
August 1, 2019, which indicated that ITD has reviewed traffic impact study. It further states,
that although the subdivision does not directly abut the state highway system the traffic adds
to the already congested corridors of SH -16 and SH -44 which causes significant impacts to
safety and mobility at several intersections. ITD is recommending improvements be made to
the intersections of SH-16/Beacon Light Road, SH-16/SH-44, SH-44/Palmer Lane because
there were reasonable solutions to address the safety and congestion concerns. The estimated
cost of those improvements are approximately $1.8M dollars. The developer requested ITD
to evaluate a proportionate share cost rather than require construction of the specific
intersection improvements. ITD's evaluation of the proportionate share contribution is
estimated at $820,000 and includes the following intersections and improvements:
o SH-16/Beacon Light Road — Construct a second southbound thru lane - $81,715
o SH-16/SH-44 — Interchange - $480,000
o SH-44/Linder Road — Right turn overlap for northbound right turn lane - $750
o SH-16/Floating Feather Road — Right in/Right out/Left-in and northbound right -turn
lane - $20,962
o SH-44/Palmer Lane — Signalized intersection - $236,706
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Sonia Daleiden, P.E. PTOE, with Kittleson & Associates, (Traffic Engineer for the project),
provided an email, dated August 1, 2019, which indicated that Toll Brothers is in agreement
with contributing a proportionate share for the following improvements:
o SH-16/Beacon Light Road — Construct a second southbound thru lane - $81,715
o SH-44/Linder Road — Right turn overlap for northbound right turn lane - $750
o SH-44/Palmer Lane — Signalized intersection - $236,706
The email further states, that Toll Brothers is willing to construct the Floating Feather Road
improvement, which is estimated to cost $195,000, for a total mitigation package amount of
$514,171.00. Staff will defer to the Commission and the City Council regarding the
determination of providing a proportionate share towards the Idaho Transportation
Department's highway mitigation request. The applicant should be required to contribute a
proportionate share for future intersection improvements by having the applicant pay into a
road trust deposit to be established on behalf of ITD. The applicant should be required to
provide a monetary contribution of (amount to be determined) to a road trust deposit
established on behalf of ITD. The road trust deposit money should be paid prior to the City
Clerk signing the final plat.
The preliminary plat/PUD does not contain a plat note referencing Idaho Code Section 22-
4503, regarding Right to Farm. The applicant should be required to provide a revised
preliminary plat/PUD with a new plat note which states, "This development recognizes Idaho
Code Section 22-4503, Right to Farm, which states: "No agricultural operation, agricultural
facility or expansion thereof shall be or become a nuisance, private or public, by any changed
conditions in or about the surrounding nonagricultural activities after it has been in operation
for more than one (1) year, when the operation, facility or expansion was not a nuisance at the
time it began or was constructed. The provisions of this section shall not apply when a
nuisance results from the improper or negligent operation of an agricultural operation,
agricultural facility or expansion thereof." The revised preliminary plat/PUD should be
provided prior to submittal of final development plan/final plat applications
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
5, 2019, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by four (4) individuals who indicated the following:
• The proposed development does not contain a village center as identified in the comprehensive
P
lan.
• The development should have a commercial component, otherwise traffic will funnel to
downtown Eagle.
• The proposed plan is not in conformance with the COMPASS plan regarding the proximity of
police and fire services.
• A concern with the phasing plan.
• A large front setback should be required to provide adequate room to park a vehicle in front of the
garage and not encroach over the setback.
• The original development agreement associated with the site should have had a termination
clause.
• The existing impact fees are insufficient to keep up with the growth in the area that is currently
occurring.
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• There are no fire departments located within close proximity to the site to provide adequate
emergency services.
• There is not sufficient greenspace for the residents residing within the development.
• The proposed natural pathways will not be ADA compliant.
• This development will not address the need for affordable housing located within the area.
• Traffic on North Linder Road will worsen and future projects will contribute to the existing
traffic issues.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/representatives).
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by six (6) individuals who indicated the following:
• The proposed buffers should provide a nice entry to the subdivision and shield the homes from
the adjacent roadways.
• Wood fencing should never be permitted, the applicant should be required to utilize woodgrain
vinyl fencing.
• Supports the utilization of planned unit developments to allow for a variety of lot sizing is
appropriate.
• Mailboxes located on the attached sidewalks will reduce the area for pedestrians to walk.
• The zoning map on the City's website does not reflect the Mixed Use (MU) zoning designation
along West Beacon Light Road within the site.
• Large front setbacks allow for a vehicle to be parked in front of the garage without the vehicle
encroaching over the sidewalk.
• The schools in the area are operating over capacity.
• A concern regarding if there is an adequate setbacks from the personal wireless facility equipment
to address health concerns.
• The amount of money that ITD has requested for mitigation of the traffic impact to the highway
system is not adequate.
• A concern with the additional traffic that will be utilizing North Hartley Lane to access the BLM
property.
• The residents are growing tired of the traffic in the area, overcrowding of schools, and teenagers
speeding through the neighborhoods.
• At one point of development within the area will new roads, schools, and fire stations be built.
• The condition of development that requires conformance with the Eagle Architecture and Site
Design Book and the requirement of design review approval should remain in the development
agreement.
• The proposed setbacks should not be reduced below the staff recommended setbacks.
• The applicant should be required to provide pressurized irrigation.
• They have a concern regarding septic systems in the area.
• The development should not contain any multi -family housing.
• A subdivision of this size will affect the quality of life in the area.
• The school site should have more access points than what is being proposed.
• Will there be health issues due the previous feedlot use located on the site.
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COMMISSION DECISION REGARDING THE DEVELOPMENT AGREEMENT
MODIFICATION:
The Commission voted 3 to 0 (Guerber and Smith absent) to recommend approval of RZ-1O-07 MOD for
a development agreement modification for Toll Southwest, LLC, with conditions of development to be
placed within a development agreement as provided within their findings of fact and conclusions of law
document, dated August 19, 2019.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Commission voted 3 to 0 (Guerber and Smith absent) to recommend approval of CU-01-19/PPUD-
01-19/PP-01-19
for Belvoir Estates Subdivision for Toll Southwest, LLC, with the site specific condition
of approval and standard conditions as provided within their findings of fact and conclusions of law
document, dated August 19, 2019.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications came before the Eagle City Council for their consideration on
September 24, 2019, at which time public testimony was taken and public hearing was left open. The
applications were continued to the October 10, 2019, at which time public testimony was taken and
the public hearing was closed.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant! representative).
C. Oral testimony in opposition to the application was presented to the City Council by 35 -individuals
who indicated the following concerns:
• The city has reached the point of allowing development that exceeds the capacity of the existing
infrastructure.
• The project needs additional pedestrian pathways providing access from east to west through the
site.
• The proposed school site should be located towards the center of the subdivision to encourage
kids to walk to school.
• The subdivision should not contain any residential lots with shared driveways.
• The proposed development is not in conformance with the executed development agreement and
the zoning code.
• The developer should be required to comply with the minimum lot sizing as required pursuant to
Eagle City Code.
• As proposed, the density is too high for the immediate area.
• When the original development agreement was approved in 2007 the development may have been
fine, however, due to the recent development within the area it is not appropriate.
• The high schools currently do not have enough capacity to accommodate students within the area.
As proposed this development will add to the overcrowding of the schools.
• The proposed development will add additional traffic to an already congested Linder Road, which
is not proposed to be widened for several years.
• Due to the amount of development within the area emergency response times have been
declining.
• Currently it is not safe to walk or bike along Beacon Light Road. If the development is approved
the traffic from the development will further impact Beacon Light Road creating additional safety
concerns.
• The setbacks proposed for the active adult living area have not been addressed. Based on the
proposed front setback, vehicles will encroach over the sidewalk area.
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• The existing gridlock within the area destroys the appeal to live within the community.
• The density of the development will destroy the rural vision of the community.
• The development will not provide Eagle with enough revenue from property taxes to provide the
required services for the development; therefore, the development will not support itself without
additional revenue from other taxpayers.
• The city does not have control over the sewer, roads, and schools; therefore, the city cannot
address the current capacity concerns associated with those services.
• There is not funding to construct new schools to address the current school capacity concerns.
• In the event the Council requires commercial uses within the mixed use zoned areas those areas
will sit vacant until they are developed by another party.
• The City should not be selling water rights so the required infrastructure may be provided.
• The City should impose a moratorium on growth to slow development down to allow the
construction of adequate infrastructure to serve new development.
• As proposed the development is not in conformance with the city's design standards based on the
Two Rivers, Lexington, and Island Woods developments.
• The homesites located adjacent to Beacon Light Road need to be located on larger lots.
• The development should have a minimum of three (3) swimming pools.
• The surrounding neighbors were not aware of the executed development agreement allowing for
the number of residential units that are being proposed. The executed development agreement
should have contained a termination date.
• The collective density within the city is 1.5 -dwelling units/acre. As proposed the development
does not contribute to the city's style of development.
• The city of Eagle contains amazing subdivisions which have open areas that support wildlife, as
proposed the development does not support wildlife. The Council should require additional open
S
P
ace
•
• The applicant should be required to provide a cafe centralized within the subdivision to provide
an area for residents to interact.
• The active adult area of the subdivision needs additional access.
• Toll Brothers is proposing to construct all the homes within the subdivision. There is no provision
for custom builders to construct homes within the development. The applicant should be required
to have a builder team to provide a mix of builders within the development.
• As proposed, the development agreement is not in conformance with the comprehensive plan or
Eagle City Code. The City should put the applicant on notice that the development agreement is
expired.
• The applicant's request for a development agreement modification allows the Council to consider
the current validity of the development agreement.
• The applicant should be required to provide an analysis of the proposed open space in regard to
active and passive open space.
• Although the proposed school takes access from an internal street it is too close to Beacon Light
Road.
• The ACHD approval did not consider the adjacent development that is currently taking place.
• The Council should look at increasing the permit and impact fees to ensure that new development
provides adequate infrastructure.
• Since the applicant is requesting a PUD the City Council can place additional conditions on the
development to enhance the design of the development.
• The development does not contain enough open space and the roads should be more curvilinear.
As proposed, this development is not in conformance with the City of Eagle's standards.
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D. Oral testimony neither in opposition to nor in favor of the application was presented to the City
Council by 6 -individuals who indicated the following:
• A concern with the additional traffic that will be produced upon development of the subdivision.
• That 900 -homes may not be appropriate in this area.
• A concern with the design and the size of the proposed homes.
• A concern that the roads and schools in the area may not have enough capacity to serve the
proposed development.
• As proposed the development does not provide retail and employment opportunities that make the
development self-contained and reduce the number of vehicle trips in and out of the development.
• The developer should be required to conform to the established setback requirements.
• The Council should not approve private roads or shared driveways.
• The development should have adequate berms and heavy landscaping located adjacent to the
collectors and arterials to protect a "rural" appearance. There should be a high "tree -to -home"
ratio
.
• The Council should consider doing their own independent traffic study that investigates the total
current and projected impact of developments in the area. ACHD and ITD expect to provide
adequate service (better than level F) eventually, but it is certain the service level will be severely
impacted in the interim.
• The Council should require a phasing schedule to ensure that infrastructure is in place to serve the
development.
• The proposed development will have an impact on the north/south travel within the area including
SH -16. SH -16 needs to be extended to I-84 to help alleviate traffic congestion.
• The private roads located within the "Traditional Neighborhood" area should not be gated.
• The proposed school should be located internal to the site.
• The soils should be analyzed to check for bacteria since the property was previously utilized as a
feedlot.
• A portion of the property is located within an area that is designated Village Center within the
comprehensive plan; therefore, there should be a commercial component within the development.
• The Council should not accept the proposed public park area so that the park impact fees may be
utilized on park projects located within other areas of the city.
• As proposed, the development implements the Parks, Pathway, and Recreation Commission's
recommendations.
• As proposed, the park area is not large enough to provide a regional park.
• The development agreement associated with the property is based on the 2007 comprehensive
plan, which was in effect at the time the property was annexed and rezoned.
COUNCIL DECISION REGARDING THE DEVELOPMENT AGREEMENT MODIFICATION:
The Council voted 4 to 0 to deny RZ-10-07 MOD for a development agreement modification for Toll
Southwest, LLC.
COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Council voted 4 to 0 to deny CU-01-19/PPUD-01-19 and PP -01-19 for Belvoir Estates Subdivision
for Toll Southwest, LLC.
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed development agreement
modification (RZ-1O-07 MOD) 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 modification is not in accordance with the 2017 Eagle is HOME Comprehensive Plan nor the
2004 Soaring 2025 Eagle Comprehensive Plan (the plan in effect at the time the executed
Development Agreement was executed). *Condition 1.3 within the executed development agreement
states in part, "Development of the Property shall comply with Eagle's Comprehensive Plan and City
Code as in effect at the time this Agreement is recorded..."
The proposed development does not contain a commercial component located within the Village
Center area as identified within the 2004 Soaring 2025 Eagle Comprehensive Plan and as identified
within the executed development agreement. Also, the density proposed within the area zoned R -2 -
DA exceeds two (2) dwelling units/acre (the maximum density permitted within the Development
Agreement pursuant to condition of development 1.4.1.3 of the executed Development Agreement
:instrument #107164794]).
2. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-01-19/PPUD-01-19IPP-01-19) and based
upon the information provided concludes that the proposed development is not in accordance with the
2004 Soaring 2025 Eagle Comprehensive Plan established goals and objectives (as required pursuant
to Condition of Development #1.3 of the executed Development Agreement :instrument
#107164794]) because:
a. The proposed PUD is not in the public interest, does not advance the general welfare of the
community and neighborhood, and will be detrimental to the economic welfare of the
community.
The proposed development does not contain a commercial component within the Village Center
area as identified in the 2004 Soaring 2025 Eagle Comprehensive Plan and shown on the concept
plan associated with the executed Development Agreement (instrument #107164794); therefore,
without a commercial component located within the Village Center area, it will be detrimental to
the economic welfare of the community.
b. The development has not been designed to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity and, as proposed, will change the essential
character of the same area.
The application/justification letter states that the applicant will be constructing all of the homes
within the development. The applicant has not presented a plan showing how the architecture of
the homes will be managed as it relates to the use of different elevations. No evidence has been
provided to offset the concern regarding the use of minimal changing elevation plans resulting in
a monotonous streetscape. Additionally, the proposed layout shows the number of residential lots
located within the R -2 -DA (Residential with a development agreement) zoned area exceeding the
maximum density of two (2) dwelling units/acre. A portion of the development is designed to
have private streets which does not provide for interconnectivity within the development and the
unplatted properties located adjacent to the proposed development. The area of the development
zoned R -2 -DA (Residential with a development agreement) does not contain a mix of lot sizing
that is commensurate with the 17,000 -square foot lot size required within the R-2 (Residential)
zoning designation.
h. The vehicular approaches to the property and lack of interconnectivity will create an interference
with traffic on surrounding public thoroughfares (arterials).
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J
The development does not provide adequate street interconnectivity between the adjacent
properties located to the east and west. Without the interior street interconnectivity, vehicles will
be required to access and impact the surrounding arterials to access the adjacent properties
thereby creating undo congestion to the arterial network. Due to the location of the school site
(located adjacent to West Beacon Light Road) the vehicle access points to the school site from the
internal street will create interference (stacking) with traffic on West Beacon Light Road due to
the proximity of the access points to West Beacon Light Road.
The proposed development is not harmonious with and in accordance with the objectives of the
Comprehensive Plan.
Condition of Development #1.3 of the executed Development Agreement (instrument
#107164794) requires that development of the property occur in conformance with the 2004
Soaring 2025 Eagle Comprehensive Plan. The comprehensive plan in effect at that time contained
the following land use designations associated with the site: 1) Village Center (80 -acres), 2)
Residential Four (85 -acres), and Residential Two (207 -acres). The proposed development does
not contain a commercial component located within the Village Center area as identified within
the comprehensive plan and the development agreement; therefore, the proposed development is
not in accordance with the objectives of the comprehensive plan.
k. That the proposed development is not harmonious with and in accordance with the objectives of
Eagle City Code Title 8.
The applicant has requested a conditional use permit and a planned unit development to request a
variety of lot dimensions and building setbacks, however, the design of the subdivision does not
show any lot sizing that is commensurate with the R-2 (Residential) zone which has a minimum
lot size of 17,000 -square feet. The required setbacks for the development should be based on lot
sizing as required pursuant to Eagle City Code Section 8-6-5-5 (A)(3), and not based on the
location of the lots within the development (see setback exhibit on page 24 herein). Also, the
proposed number of buildable lots shown on the preliminary plat/PUD located within the R -2 -DA
(Residential with a development agreement) zoned area exceeds the allowed density of two (2)
dwelling units/acre.
3. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the
Council has determined that:
1. Unique or special circumstances do not exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that the private street
will not serve to enhance the overall development.
The proposed development is fronted by West Floating Feather Road (minor arterial), West
Beacon Light Road (minor arterial), and North Park Lane (collector). Direct lot access is
prohibited on minor arterials and collectors; therefore, the use of private streets within the
development will eliminate the opportunity of providing a road network through the area. Also,
since the area where the private streets are being proposed is relatively flat, the use of private
streets is not warranted since no significant topography exists.
2. The private streets within the subdivision do not provide safe and effective movement of both
vehicular and pedestrian traffic.
The use of private streets will not allow for effective movement of vehicles from North Palmer
Lane to the area west of the proposed development.
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4. The private streets within the subdivision adversely affect access to adjacent properties.
The portion of the subdivision located west of North Palmer Lane is bordered to the west by
unplatted parcels. The design of the private streets within the proposed subdivision will prevent
public street connectivity to the unplatted parcels to the west. Additionally, this lack of public
street connectivity will be a detriment to intra neighborhood pedestrian and vehicle connectivity
in the area.
7. The use or alignment of the private streets within the subdivision interferes with the continuity of
public streets:
As noted above, the use of private streets within the development will interfere with the
continuity of public streets within the area.
DATED this 12th day of November, 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho - c
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Stan Ridgeway,Ma 6r
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ATTEST:
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