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Findings - CC - 2006 - A-11-04/RZ-17-04/CU-10-04/PPUD-3-04/PP-9-04/VAC-2-04 - Eaglefield Estates Pud/142.4 Acre/369 Lot/W Of Linder/N Of Hwy 44 BEFORE THE EAGLE CITY COUNCIL ORIGINAL IN THE MATTER OF AN APPLICATION FOR ) AN ANNEXATION, REZONE WITH ) DEVELOPMENT AGREEMENT, CONDITIONAL ) USE PERMIT, PRELIMINARY DEVELOPMENT ) PLAN, PRELIMINARY PLAT, AND V ACA TION ) FOR EAGLEFIELD ESTATES PLANNED UNIT ) DEVELOPMENT FOR EAGLEFILD, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A -11-04/ RZ-17 -04/CU -1 0-04/PPUD-3-04/PP-9.04N A C-2-04 The above-entitled annexation, rezone with development agreement, conditional use permit, planned unit development preliminary development plan, preliminary plat, and vacation applications application came before the Eagle City Council for their consideration on December 13, 200S, and January 24, 2006. 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: Eaglefield, LLC, represented by Landmark Engineering & Planning Inc., is requesting an annexation and rezone with development agreement from RR (Residential Rural) to R-2- DA-P (Residential up to two units per acre PUD), R-4-DA-P (Residential up to four units per acre PUD) and MU-DA-P (Mixed Use PUD), conditional use, preliminary development plan, preliminary plat, and vacation of right-of-way approvals for Eaglefield Estates Planned Unit Development. The 142.4-acre, 369-lot (312-single family lots, IS- four-plex lots, and 41-common lots, I-well lot) residential subdivision is generally located 6S0-feet west of Linder Road and north of State Highway 44, B. APPLICATION SUBMITTAL: Portions of the applications for this item were received by the City of Eagle, in parts, in the months of January through August 200S, The applications were finally received and deemed complete by the City of Eagle on August 31, 2005, C. NOTICE OF PUBLIC HEARING: Notice of Public Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67. Chapter 6S, Idaho Code and the Eagle City ordinances on September 1, 200S. 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 6S, Idaho Code and Eagle City Code on August 29, 200S. Requests for agencies' reviews were transmitted on August 16, 200S, and August 29, 200S, in accordance with the requirements of the Eagle City Code, Notice of Public Notice of Public Hearing on the application for the Eagle City Council was published in accordance for requirements of Title 67, Chapter 6S, Idaho Code and the Eagle City ordinances on November 14, 200S. 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 6S, Idaho Code and Eagle City Code on Page 1 of 45 K:\Planning DeptlEag1e ApplicationslSUBSl2004IEaglefield Estates ccf.doc November 10, 2005. D. HISTORY OF RELEVANT PREVIOUS ACTIONS:NONE E. COMPANION APPLICATIONS: All applications for the PUD are inclusive herein. F, APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): See applicant's justification letter date stamped by the City on September 8, 200S, attached to the staff report and incorporated herein by reference, G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGN A TION Existing High Density Residential! RR (Rural Residential- Single Family Dwelling & Transitional Residential! Ada County designation) agriculture Residential Two (up to 2 units/acre) Proposed No Change MU-DA-P (mixed use Single Family and Four-Plex with a development Residential Planned Unit agreement),R-4-DA-P Development (Residential with a development agreement), R-3-DA-P (residential with a development agreement) R-2-DA-P (residential with a development agreement) Overall density of 2.61 units per acre North of site Residential Two (up to 2 A-R (Agricultural Proposed Legacy units/acre) Residential) Development South of site High Density Residential State Street & Single Family Transitional Residential RR (Rural Residential- Dwelling Ada County designation) East of site High Density Residential RR (Rural Residential- Single Family, Residential Transitional Residential Ada County designation) Planned Unit Development West of site High Density Residential RR (Rural Residential- Single Family Dwelling & Transitional Residential Ada County designation) agriculture Residential Two (up to 2 units/acre) Page 2 of 45 K:\Planning DeptlEagle ApplicationsISUBS\2004\Eaglefield Estates ccf.doc H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA, I. SITE DATA: (Based on Submittal dated January 12,2006) Total Acreage of Site - 142.4 Acres Total Number of Lots - 369 Residential (single family and four-plex) - 327 Common - 41 Well Lot-l Total Number of Units - 372 Single-family - 312 Multi-Family - 60 (15 Four-Plex lots) Total Acreage of Any Out-Parcels - 0 Page 3 of 45 K:\Planning DeptlEagle ApplicationslSUBSl2004\Eaglefield Estales ccf.doc Additional Site Data Proposed Required Dwelling Units Per 2.61 units/acre (overall) High Density Residential- 6/ Acre (7,6% of the Gross Acre site) 6 units/acre (MU area) Transitional Residential (36.6% of the site) 3.6 units/acre (R-4 area) 1.7 units/acre (R-3 area) Residential Two- up to 2 units per acre (55.7% of the site) 1.7 units/acre (R-2 area) Minimum Lot Size: MU: 10,000 sq. ft 7,000 sq. ft (MU) R-4: 5,500 sq. ft. 8,000 sq. ft (R-4) R-3: 10,380 sq ft 10,000 sq ft (R-3) R-2: 8,000 sq. ft 17,000 sq, ft (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) - per ECC Section 8- 2-4 (G), An offsetting increase of the same percentage in open space has been provided Minimum Lot Width MU: 50 ft 50 ft (MU) R-4: 50 ft 70 ft (R-4) R-3:75 ft 75 ft (R-3) R-2: 75 ft 75 ft (R-2) Minimum Street MU: 35 ft. 35-ft. (all zones) Frontage R-4: 35ft. R-3:35 ft R-2: 35 ft, Total Acreage of 27.0 acres 10% Minimum, (plus required offset in open Common Lots space for same percentage of decrease in minimum lot size) (ECC Section 9-3-8 (C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots.) Percent of Site as 18.9% 10% Minimum Common Area Page 4 of 45 K:\Planning DeptlEagle ApplicationslSUBSl2004IEaglefield Estates ccf.doc J. GENERAL SITE DESIGN FEATURES: Open Space and Design: The proposed PUD will provide a total of 27 acres (18.9%) of usable common area. The proposed common area is a combination of linear pathways, swimming pool, clubhouse, tot lots and playing fields and large ponds, A minimum of 10% open space is required (plus required offset in open space for same percentage of decrease in minimum lot size) except that, according to ECC Section 9-3-8 (C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. Storm Drainage and Flood Control: Street drainage plans have been submitted by the applicant as required by the Subdivision Ordinance, Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements, Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System (yes or no) - not allowed, Preservation of Existing Natural Features: The site is currently open pasture and agricultural land wherein there are few existing trees on site, All trees on the site shall be reviewed by the City Forester and the Design Review Board for retention. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site which would be required to be preserved. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state, K. STREET DESIGN: Public Streets: The applicant has modified their application to request a single access point to Linder Road via a new residential collector road (Pelston Street) to be constructed from the site east to the intersection of Linder Road and Escalante Drive, Golden Crown Way and Pelston Street are 58-foot wide (58') residential collectors with vertical 6" curb and five- foot (5') wide grass swales/landscape strips a seven-foot (7') wide detached asphalt trail is proposed on both sides of the roadway outside of the right of way, Pelston Street Page 5 of 45 K:IPlanning DeptlEagle ApplicationslSUBSl2004\Eaglefield Estates ccf.doc Changes from a residential collector to a local road just north of the intersection with Tatlock Drive. The applicant is proposing to construct two local roadway cross sections within the project. A 52-foot wide (52') cross section with a (5') wide grass swales/landscape strips and five-foot detached sidewalk outside of the right of way. And a reduce roadway cross sections for the areas knows as "The Gables" and "The Cedars" of the and a SO-foot wide (SO') cross section, 29-foot wide (29') from back of curb to back of curb, with a (6') wide landscape strips and five-foot detached sidewalk on both sides. On-street parking will be limited on these streets to one side. There are eight (8) knuckles proposed within the development at the following intersections: Intersection of Duming Street and Bevington A venue Intersection of Bevington A venue and Tatlock Drive 2 located along Stockhe1m Drive 2 along Tullshire Way Intersection of Steadmoore Drive and Tullshire Way Intersection of Parkfield Way and Stowell Drive Cul-de-sac Design: Five (S) Cul-de-sacs are proposed: W, Demison Drive: 160-feet in length SO-foot radius W. Durning Court: 600-feet in length SO-foot radius W, Combermere Court: 440-feet in length 50-foot radius West side ofW. Cavendate Court: 320-feet in length SO-foot radius East side of W, Cavendate Court: 320-feet in length SO-foot radius N, More1y Green Place: 400-feet in length SO-foot radius N, Bowden Court: 32-feetin length SO-foot radius Sidewalks: A detached five-foot (S') wide concrete sidewalk is proposed abutting both sides of all interior roadways, including the main entrance boulevard. No sidewalk improvements are shown along State Street; a detached sidewalk is required at this location. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. (See public street design above) Lighting: Lighting for the proposed public streets is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Page 6 of 45 K:IPlanning DeptlEagle ApplicationslSUBSl2004lEaglefield Estates ccfdoc Street Names: Street name approval by the Ada County Street Name Committee is required prior to final plat. Any modifications of street names shall be completed before final plat approval. L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways: Pedestrian walkways are provided through the detached sidewalk system and through the multi-purpose pathway system as a portion of the open space design, Bike Paths: Cyclists will have access to the proposed pathway system and the required on-street bike lane throughout the development. Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. M. PUBLIC USES PROPOSED: See "Open Space" noted above, N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists O. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Eyidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - Yes, see tree preservation section above Riparian Vegetation - no Steep Slopes -no Stream/Creek: no Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - unknown P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): An EAP plan was submitted with this application. A review of the EAP has been completed by the City Engineer. Their comments are attached hereto and are incorporated herein. Q. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference, Comments which appear to be of special concern are noted below: City Engineer: All comments within the Engineer's letters dated September 14, 200S, and January 13,2006, are of special concern (incorporated herein by reference), Page 7 of 45 K:\Planning DepllEagle ApplicationslSUBS\2004lEaglefield Estates ccfdoc Ada County Highway District Ada County Street Name Committee Boise River Flood Control District Central District Health Division of Environmental Quality Drainage District #2 Eagle Fire District Eagle Sewer District Idaho Department of Transportation Meridian School District: Letter includes a warning that all schools are over capacity Middleton Mill Ditch Company R, LETTERS FROM THE PUBLIC: Scott Reeser -Expressed concerns about the density of the four-plex area south of W. Pelston Street and requests a stub street to his parcels from the project from both the south and the west. (Would prefer south if only one is granted) S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing six (6) phases for the development. A projected build out of the entire development is anticipated within 5-years of final plat approval. T, EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: I. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2, That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area, 3, That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services, 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares, Page 8 of 45 K:\Planning DeptlEagle Applications\SUBS\2004lEaglefield Estates ccf.doc 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance, 10, That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11, That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8, 12, That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large - scale PUDs (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. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 2000 EAGLE COMPREHENISVE PLAN CHAPTER 6 - LAND USE 6,3 Land Use Designations Residential Two Suitable primarily for single family residential development within areas that are rural in character. Transitional Residential Residential development that provides for a transition of density within the planning area while keeping in context the density, scaling and lot sizes of existing or proposed uses. Commonly requires changes in lot dimensions and scaling, see specific planning area text for a complete description. Residential Six Plus Page 9 of 45 K:IPlanning DeptlEagle ApplicationslSUBS\2004IEaglefield Estates ccfdoc Suitable primarily for multi-family housing including apartments, town homes and duplexes within the urbanized setting adjacent to designated transit corridors. 6.7 Implementation Strategies (6.7a) Preserve the natural features and resources of Eagle; (6,7b) Establish land use pattems and zoning districts that do not exhaust available services such as sewer, water, police, fire, recreational areas, highways and transportation systems,; and (6,7c) Provide for a broad spectrum of housing types including apartments, townhouses, condominiums, single family attached, manufactured homes, affordable and subsidized housing and large acreage developments. (6,7j) Farm related uses and activities should be protected from land use conflicts or interference created by residential, commercial, or industrial development. The Idaho Right To Farm Act should be promoted, CHAPTER 7 - NATURAL RESOURCES AND HAZARD AREAS 7.9 Goal Special concern and attention should be given to the preservation of fish, wildlife, water resources, air quality, agriculture, open space and recreation-nature areas when implementing planning and zoning decisions. CHAPTER 8 - TRANSPORTATION 8.6 Implementation Strategies (8.6a) Work in conjunction with the Ada County Highway District (ACHD), Idaho Transportation Department (ITD), and Ada Planning Association (APA) to classify roadways on the City of Eagle Transportation/Pathway Network Maps #1 and #2 incorporated into this Comprehensive Plan by reference. The Maps are to assure conformity to designations as delineated on the Land Use Map, The maps shall be provided to the Ada Planning Association for input into the Ada Planning Association's Functional Street Classification Map and Regional Transportation Plan. (8,6b) Integrate all modes of travel to support air quality improvement measures; and (8.6e) Encourage new development to provide for pedestrian, equestrian, and bicycle circulation in accordance with the City of Eagle Transportation/Pathway Network Maps #1 and #2, adopted local and regional pathway plans, as may be needed for intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is not unnecessarily pushed out onto arterials and collectors. (8.6c) Encourage roadway design standards that are consistent with the Idaho Transportation Department (ITD), Ada County Highway District (ACHD), Ada Planning Association (APA), and other agencies that may be responsible for roadway planning and design; (8,6m) Establish and require minimum setbacks between developments and roadways and to encourage installation of berms and landscaping for all developments to enhance safety and to enrich the roadway and community Page 10 of 45 K:\Planning Dept\Eagle Applications\SUBSI2004\Eaglefield Estates ccf.doc appearance; and (8.6p) Encourage sidewalks that are separated from the curb on all streets, except for areas where Eagle City Code requires sidewalks to abut the curb and where existing buildings, inordinate environmental impacts, or other impacts make setting the sidewalk back infeasible. Meandering sidewalks should be required where space permits. A planter strip of sufficient width for street trees between the sidewalk and roadway should be required to provide a canopy effect over the roadways, The type of street trees used should be those which have root systems that have proven to not cause sidewalk or curb damage when in close proximity to such improvements, (8.6i) Encourage street lighting to increase roadway and neighborhood safety while preserving a rural environment free of any unnecessary lighting. CHAPTER 9 - PARKS, RECREATION AND OPEN SPACES 9.5.2 Objectives (9.5.2a) To create a pathway system that reflects desire to have a pedestrian and bicycle friendly community, (9,5,2b) To provide a network of central and neighborhood paths where residents are able to safely access and utilize pathways for altemative forms of transportation, (9,5,2e) All development should provide developed pathways for connection to Eagle's public pathway system and/or adjoining development's public pathway system, 9.6 OPEN SPACE: Open space is land which is not used for buildings or structures and offers opportunities for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism, leisure activities, viewpoints, and wildlife habitat. (9.6,1 Goal) To provide wherever possible open space and natural features such as natural river frontage, greenbelts, river trails and pathways, creeks, flood plains and flood ways, drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and viewpoints for public use and enjoyment. (9.6,2 Objectives) To establish open space to protect the finite resource base of Eagle's natural environment - air, ground water, surface water, soil, forested areas, plant and wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and wetlands. (9.6,2b) To provide an open space setting for active and passive recreation for all age groups throughout the community, (9,6,2c) To protect against hazards that are inherent to flood plains, flood ways, steep slopes, and areas of geological instability, (9.6,2d) To protect the natural lay of the land (e.g., minimize land disturbance). (9.6,2e) To protect such unique environmental areas as historical, geological, and archaeological sites and monuments, natural areas, and wildlife habitat. (9.6.2f) To protect important views, vistas, and panoramas of the community's natural setting and environment. Page 11 of 45 K:\Planning Dept\Eagle Applications\SUBS\2004\Eaglefield Estates ccf.doc CHAPTER 10 - HOUSING 10.3 Implementation Strategies (1O,3a) A wide diversity of housing types and choice between ownership and rental dwelling units will be encouraged for all income groups, (1O,3b) The location of all housing should be coordinated with provisions for adequate public facilities and services. CHAPTER 11 - SPECIAL AREAS AND SITES llA Implementation and Strategies (11.4a) Protect and improve natural and man-made waterways, (llAg) Preserve existing trees and establish appropriate landscaping as a part of new developments. (11.4h) Encourage the preservation of habitat areas which provide for fish and wildlife. (11.4i) The City may require developers to prepare and submit an environmental assessment and any such additional reports as the City may from time to time require, for any development on land within an area designated as a Special Area or Site or for any development impacting a designated Special Area or Site, CHAPTER 12 - COMMUNITY DESIGN 12A Implementation Strategies (12Aa) Establish and maintain a development pattem and design criteria in keeping with the rural transitional identity of Eagle, This includes growth within the Impact Area that discourages or precludes the establishment of other City centers, (12Ac) The floodway shall be reserved as a natural state such as a greenbelt, wildlife habitat, and open space recreational area and for agricultural uses. (12Ak) Encourage the preservation of natural resources such as creeks, drainages, steep slopes, and ridge1ines as visual amenities, (12AI) Encourage the development of pathways and open-space corridors throughout the City. (12Ao) Encourage the planting and preservation of trees that will create beauty and add to the healthy environment of downtown (see Eagle Tree Plan below), (12Aq) Maintain the rural residential character and open space environment in and around the City, 12.5 Eagle Tree Plan (12.5,1 Goal) To establish and enhance areas of tree growth that will create beauty, add to a healthy environment and increase economic stability. (12,5.2 Objectives) To create an urban forest that will help reduce air and noise pollution, conserve water and reduce soil erosion, assist in modifying the local climate, increase property values, and improve Eagle's economy by providing a pleasant and more comfortable place to shop and live. Page 12 of 45 K:\Planning Dept\Eagle ApplicationsISUBS\2004\Eaglefield Estates ccf.doc SOARING 2025 PLAN Chapter 2-Community Design 2.3 Goals Sustainability at build out (2025): Ensure the ability for the city to continue to fund, improve and support itself, including infrastructure and parks, without the use of building permit fees, impact fees and zoning fees, Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve the function of regionally significant roadways through the City while ensuring compatibility with land uses and design standards of the City. Identify "Activity Centers": Identify areas that due to the nature of existing uses, future uses and/or transportation corridors will lend themselves to increased activity and non-residential use so to preserve larger areas as primarily residential neighborhoods. a. Provide increase residential density along the State Highway 44 and State Highway 20/26 corridors when accompanied by altemative access plans. b. Maintain a Vision Map that encapsulates the intent and opportunities contained in the Comprehensive Plan, (See Map 2.1) k. State Highway 44, State Highway 20/26, State Highway 16 and the proposed east west collector are designed as scenic corridors requiring landscaped setback and separated meanderings sidewalks, n. Elementary and middle schools should be located in residential neighborhood to facilitate walking and reduce busing costs for the district. Elementary and Middle schools may be located on collector roadways as defined by the Regional Functional Classification Map, High School maybe located on arterials, Chapter 3-Economic Development 3.3 Goals Identify areas that, due to the nature of existing uses, future uses and/or transportation corridors, will lend themselves to increased activity and nonresidential use so as to preserve larger areas as primarily residential neighborhoods. c, Encourage the interconnectivity of residential and nonresidential areas within the westem planning area to the existing CBD and greenbelt system. Chapter 4-Public Facilities and Services 4.2.1 School Goals Support the safe maintenance and construction of the public school system emphasizing quality school facilities that serve as a focal point for family and Page 13 of 45 K:\Planning DeptlEagle Applications\SUBS\2004IEaglefield Estates ccf.doc community activities, c, Elementary and middle schools shall be located in residential neighborhood to facilitate walking and reduce busing costs for the district. Elementary and Middle schools may be located on collector roadways as defined by the Regional Functional Classification Map, High School maybe located on arterials, e, Encourage the joint siting of schools and parks whenever possible, 4.6.1 Domestic Water Goals Ensure a safe, reliable and cost-efficient water supply, distribution system and storage reservoir to support water demands of current users and projected demands of land development in accordance with the Eagle Comprehensive Plan. Develop a groundwater supply and water storage system to provide for domestic, emergency, and fire flows that meet federal, state and local standards and the service demands of development. (See Map 4.3) Develop an interconnected water system owned and operated by the City. Protect groundwater quality and conserve the natural groundwater resource. Ensure water service shall provide a minimum of 40 psi and a maximum of 85-90 psi, and fire flows of 1,500 gallons per minute, in accordance with state requirements. Promote the utilization and reuse of surface water sources for non-potable uses such as irrigation and water amenities. Ensure that the cost of new and upgraded water facilities is borne by those who benefit from them, 4.7.1 Irrigation Water Goals Protect the existing irrigation system and increase use or reuse of the surface water resource for park, residential and commercial landscape irrigation and water amenities, Maintain irrigation standards that promote the conservation and reuse of surface water. Ensure that new development incorporates existing irrigation water for landscape irrigation and water amenities when water rights are available on-site or by means of appropriation or transfer. Maintain surface water rights within general areas of use to ensure adequate supply for the enjoyment of amenities such as city parks and greenbelts, Page 14 of 45 K:\Planning DepllEagle ApplicationslSUBSl2004lEaglefield Estates ccf.doc a, Encourage policies such as the lining of ponds to maximize the use of water resources, b. Develop an irrigation water policy and standards for construction for guidance in the preparation of pressurized irrigation plans, c, Pursue the acquisition and development of surface water rights for use in parks and greenbelts, d, Communicate with irrigation districts and companies to provide adequate protection of canals to ensure future access and operation of canal system for domestic irrigation. e. Establish water rates for potable water used for irrigation that encourage use of surface water as the first altemative for development. 4.9.1 Sewer Goals Ensure that sewerage and effluent disposal utilities expansion and extension will keep pace with and be available in a timely manner to development projects within the City. Ensure that sewerage and disposal facilities development will not through insufficiency foster impediments to orderly and appropriate development of the City as set forth in other sections of this Comprehensive Plan, Provide assurance of Eagle's capability to sustain order! y and appropriate growth by maintaining awareness of Eagle Sewer District's plans for expansion and schedules for extension, and reviewing how these plans fit with the known plans of the development community in Eagle. a. Consult at regular interval with Eagle Sewer District regarding its expansion and extension plans, b. Compare what is known ofESD expansion plans with City's information regarding planned development within the City and Impact Area. c. In the event that ESD is unwilling to provide central sewer service the City should maintain knowledge of altematives available to the City to take action that might expedite necessary sewerage and disposal expansion and extension, if needed to accommodate orderly and appropriate development in a timely manner. Chapter 5- Transportation 5.1 Goals Maintain the function and connectivity of the street system for current users, emergency response efforts, and for use by future generations, Using sound land use and transportation relationships, develop altemate routes or Page 15 of 45 K:\Planning DeptlEagle ApplicationsISUBS\2004\Eaglefield Estates ccf.doc corridors for ACHD planners to evaluate that best emphasize the needs of developing areas while lessening the potential for congestion, Maintain a land use decision-making process that is supportive of the service level standards identified in the most recent Regional Transportation Plan for Ada County of record, and which is protective of living environments along streets, Encourage completion of the existing street system and creation of new links, within reasonable constraints, as the transportation system develops, Promote land use policies that limit access as necessary to maintain safe and efficient operation of the existing street system while allowing reasonable access to individual development parcels. Maintain safe and comfortable neighborhoods by minimizing speeding and cut through traffic, b. The most recent Regional Transportation Plan for Ada County of record is adopted by reference as part of the City of Eagle Comprehensive Plan. c. Periodically review the street classification system and work with ACHD and the Community Planning Association to amend the street classification system as needed, Any street reclassifications shall be contingent upon an analysis of existing street configuration, existing land uses, lotting pattems, location of structures, impact on neighborhoods and area-wide transportation needs. Upgrading of residential streets to collector and arterial status shall be discouraged and shall only occur where a significant community-wide need can be identified as part of the adopted Regional Transportation Plan, (See Map 5.1) d. When reyiew land use amendments, zone changes, master plans, conditional uses and other significant entitlement requests, take into consideration the impact of the project on street levels of service. The City's preferred standards shall be those identified for new streets in ACHD's Development Policy manual, or its successor. Service level impacts shall be minimized through project modifications, traffic management plans, street improvement plans or other means. i, New developments shall be required to stub access to adjacent underdeveloped parcels, where appropriate. j. All new developments shall be reviewed for appropriate opportunities to connect to local roads and collectors in adjacent developments, k. Develop transit friendly corridors along State Highway 20/26 and State Highway 44, m. A collector street system shall be pursued within each square mile of development adequate to serve the density of development. Suggestions shall be forwarded to ACHD for planning and adoption in the TIP. Page 16 of 45 K:\Planning DeptlEagle ApplicationslSUBS\2004IEaglefield Estates ccf.doc n. Support the access restriction policies of the Ada County Highway District. 0, Discourage direct lot access to parcels abutting collector streets. p. Limit access to all arterial streets, t. Develop methods, such as cross-access agreements, frontage and backage roads, to reduce the number of existing access points onto arterial streets. z. Work with the development community, ACHD and COMPASS to construct the following roadway projects: Old Valley North: This is a developer built road that provides intemal circulation for high density residential uses located north of State Street. The intent is to direct this traffic to Linder Road, a signalized intersection or a alignment with moon Valley Road oppose to creating a new high impact access point along State Street. Chapter 6 - Land Use 6.2 Goals Sustainability at build-out (2025): Ensure the ability for the city to continue to fund, improve and support itself (including infrastructure) without the use of building permit fees, impact fees and zoning fees. Identify "Activity Centers": Identify areas that, due to the nature of existing uses, anticipated uses, and/or transportation corridors, will lend themselves to increased activity and non-residential use while preserving larger areas as residential neighborhoods. Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve the function of regionally significant roadways traveling through the City while ensuring compatibility with land uses and design standards of the City, Increased Employment Opportunities: Identify areas that will provide significant employment opportunities to the residents of the City of Eagle, thereby supporting the City as a place to live, work, and recreate a. Maintain a Vision Map that depicts opportunities for creating and enhancing activity centers and linkages between planning areas and the existing City. (See Map 2.1) b. Maintain a Future Land Use Map that encourages higher densities around activity centers and transit routes but also provides for large residential areas that continue to promote the rural character of the City of Eagle(See Map 6.1) c. Use smaller planning areas to help guide development in the western planning area, (See Map 6.2) Page 17 of 45 K:\Planning DeptlEagle ApplicationsISUBS\2004\Eaglefield Estates ccf.doc d. Non-residential uses should be limited to designated areas, with scaling and intensity paramount to the approval of these uses, e, Special design treatments shall be required to provide compatibility of new development with existing development such as building orientation, increased setbacks, height limitations, size restrictions design requirements, fencing, landscaping or other methods as determined through the deyelopment review process, f. Commercial and subdivision development within the City will be subject to Design Review. g. The creation of single use commercial and office districts should be discouraged, while uses that serve a variety of uses shall be encouraged, h, New mid-block commercial development should be discouraged along arterial and collectors unless it is specified in the plan and meets the principles of New Urbanism and/or provides cross access between adjacent commercial parcels. Existing mid-block commercial uses of a marginal nature shall be encouraged to convert to residential uses, 6.4 E Floating Feather Planning Area The Floating Feather Planning Area is designated as residential with limited ancillary uses to be incorporated as allowed by the planned unit development standards, This area should provide trails, open space, and parks in conjunction with varied housing options, The overall density of the area is 1-2 units per acre, 6.4E.l Uses The land use and development policies specific to the Floating Feather Planning Area include the following: Integration of mixed residential lot sizes at a overall density of 1-2 units per acre; Ancillary neighborhood commercial and retail uses that focus and serve the immediate Floating Feather Planning Area; Setbacks from streams, irrigation and drains for trails and open space; Use of transitional lot sizes and clustering when new development abuts existing subdivisions, business and office use to the south; School siting in the area shall focus on areas with higher densities to decrease busing concems, preference will be given to siting elementary schools in this area. Densities around school sites shall not exceed 3 to 4 units per acre, 6.4E.2 Access All uses shall rely on intemallocal road circulation and a proper street Page 18 of 45 K:\Planning DeptlEagle ApplicationslSUBS\2004lEaglefield Estates ccf.doc hierarchy to safely and efficiently move traffic through the area without forcing local trips onto the regional roadway network. At the westem edge of this area, Linder Road will merge with the proposed east/west boulevard and should include street trees, separated sidewalks and landscaped medians; sufficient right-of-way and setbacks should be preserved to facilitate the construction of this roadway, 6.4E.3 Design This area should be recognized as the signature residential area for the Western Planning Area. The integration of varying lot sizes and uses should be seamless with continuity of street design, open space, trails and housing through out that area, Lot configuration and housing sizes should be mixed throughout the area to provide a variety of housing options within a single neighborhood or development. 6.4E.4 Issues The main concems in the development of the area are the integration of varying lot sizes and housing styles. The vision for the area is contingent on the integration of uses and providing a flow of housing units throughout the area to avoid creating defined separation from estate areas and patio home areas, for example, Further, the provision of open space and trails through the area should be key to the development approval of the area. 6.4C Park Lane Planning Area The Park Lane Planning Area is designated as mixed use combining community commercial, professional office, and a variety of residential densities. The vision for the area is to recognize the activity center created by Eagle High School and existing development approved by Ada County and to provide compatible land uses at densities that accommodate pedestrian scale design and future mass transit. 6.4C.l Uses The area located west of Linder Road and north of State Highway 44 shall provide for high density residential including apartments, town homes and patio homes, transitioning with decreasing density northward with 1-2 units per acre along northem perimeter. Intemal circulation is essential to the development of this area; a loop/frontage road similar to Old Valley Road should be created. Uses should focus on this roadway (not State Street) with berming and wide setbacks to be used to buffer any residential use from the regional transportation network, 6.4C.3 Access Access to and through should be limited to existing roads (Old Valley Road, Park Lane and Linder Road); no direct access from State Highway 44 shall be permitted unless a new access point is designated by the State of Idaho for Eagle Island State Park, Page 19 of 45 K:\Planning DeptlEagle ApplicationsISUBS\2004lEaglefield Estates ccf.doc The area to the north of State Highway 44 should require the construction of a frontage road (similar to Old Valley Road) that remoyes individual property access to State Highway 44, this high density area shall provide internal circulation and connectivity to the residential areas to the north. Cross-access agreements and shared service roads should be encouraged throughout the area. 6.4C.4 Issues If individual lot access is allowed to State Highway 44, the ability to function as a node, encouraging both pedestrian and vehicular traffic, will be lost. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 8-1-2 OPEN SPACE: A common area platted as a separate lot, provided within a recorded easement, or dedicated to and accepted by the City. The area shall be substantially open to the sky, exclusive of streets, buildings and other covered structures, and shall be designated and intended as a useable and convenient amenity to any proposed development. Wetland areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a part of the minimum area of open space required, . ECC Section 8-2A-7 (4) (b) Any road designated as a minor arterial on the Ada County long range highway and street map: A minimum of fifty feet (SO') 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 (S) 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 (SO%) of the shade trees are substituted, A minimum five foot (S') 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. Page 20 of 45 K:\Planning DeptlEagle ApplicationslSUBSl2004IEaglefield Estates ccf.doc . ECC Section 8-6-1: PURPOSE "PLANNED UNIT DEVELOPMENTS": It shall be the policy to guide a major development of land and construction by encouraging planned unit development (PUD) to achieve the following: A. A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements; B, A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses, industrial uses and services; C. A development pattem which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage pattems; D, A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets; and E. A development pattem in harmony with land use density, transportation and community facilities objectives of the Comprehensive Plan, . ECC Section 8-7-3-3 CONDITIONAL USES "PUBLIC SITES AND OPEN SPACES" Public sites and open spaces shall conform to the following: B, Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, water courses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development. C. Special Developments: In the case of planned unit developments and large-scale developments, the Council may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. . ECC Section 8-7-3-5: CONDITIONAL USE PERMIT: D, Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be attached to said permit including, but not limited to, those: 1. Minimizing adverse impact on other development; 2, Controlling the sequence and timing of development; 3. Controlling the duration of development; 4, Assuring that development is maintained properly; 5, Designating the exact location and nature of development; 6, Requiring the provision for on-site or off-site public facilities or services; and 7, Requiring more restrictive standards than those generally required in this Title. Page 21 of 45 K:\Planning DeptlEagle ApplicationslSUBSl2004lEaglefield Estates ccf.doc C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 9-3-2-1 (C) Stub Streets, states in part: Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for the future extension of said streets into adjacent areas, . ECC Section 9-3-2-2 Street Widths: A. Street and road right of way widths, grade, alignment, and so forth, shall conform to the adopted major street plan or comprehensive plan and shall be approved by the highway district and/or other agency having jurisdiction. B, Notwithstanding subsection A of this section, access from a frontage road onto an arterial street shall be limited to one thousand five hundred feet (1 ,SOO') between points. . ECC Section 9-3-8 (B) Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision, . ECC Section 9-4-1-6 (F) Sidewalk Design: 1. Sidewalks, a minimum five (S') feet wide, shall be required on both sides of the street; except, that where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred feet (100'), sidewalks on only one side of the street may be allowed. 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the standards and specifications of the Ada County Highway District. 3. Sidewalks shall be separated from the edge of the abutting roadway and / or back of curb by a minimum five-foot (S') wide landscape strip, The landscape strip shall be completed with sod, automatic irrigation, and planted with 3-inch minimum caliper shade-class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with Section 8-2A-7 of this Code. . ECC Section 9-5-4-3 (C) Storage Areas: Storage areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, one adequate space shall be provided for every two (2) living units, This may be reduced by the City Council if there is a showing that the needs of a particular development are less. . ECC Section 9-5-4-3 (E) Maintenance Building: A maintenance building shall be provided of such size and in such location as is suitable for the service needs that are necessary for the repair and maintenance of all common areas, Page 22 of 45 K:\Planning DeptlEagle ApplicationslSUBS\2004lEaglefield Estates ccf.doc D. DISCUSSION: (Based on Submittal dated September 21,2005) NOTE: STAFF RECOGNIZED THAT THE FOLLOWING ANALYSIS WAS COMPLEX AND STAFF PROVIDED A VERBAL OVERVIEW DURING THE PUBLIC HEARING FOR THIS APPLlCA TION. . The Eagle Soaring 2025 Plan delineates three land use designation for this property High Density Residential, Transitional Residential, and Residential Two: R.esilIeaIW. Two Soaring 2025 Future Land Use Map . 10 Acres (7.6%) of the site is designated High Density Residential with a density of 6 units per acre, 60 units. These 60 units represent 17.4% of the lots in the development. . 81 acres (55.7% of the site) is designated as Residential Two with a maximum density of 2 units per acre for a maximum of 161 units. The applicant has proposed 168 units in this area representing 48.8% of the units, . 51.4 acres(36.6% of the site) is designated as Transitional Residential and is intended to proyide an area that allows for a gradual decrease in density between the high density residential designation located along State Street and the Residential Two designation further north, The applicant has proposed 161 units in this area these units represent 46.8% of the lots within the development. . The applicant is currently proposing 389 units with a development agreement associated with the rezone to limit the density of the entire development to 2.96-units/acre. The overall density is as follows: Page 23 of 45 K:IPlanning DepllEagle ApplicationslSUBSl2004lEaglefield Estates ccf.doc Re.ideoIiaI two: JlfOllO"d @2.4S UIltWacR . The applicant is requesting three zones a MU (mixed use zone) and R-4 and an R-2 zoning designation with diminished lot sizes and set back to accommodate the proposed mix of lots sizes. The development agreement associated with the rezone for this site will limit the density of the entire development to 2.73-units/acre. 18,6% of the lots as proposed do not meet the minimum lot size in the base zones as proposed, . The applicant proposed lot sizes and setbacks by development area are show below with staff recommendation for these standards (See Exhibit 1 for product area location): Page 24 of 45 K:IPlanning DeptlEagle Applications\SUBS\2004IEaglefield Estates ccf.doc The Gables-MU Zone (our-olex ots e er to use a UI mg enve 0 e Size frontage front setback rear setback side in side out width Standard 7,000 35 20 20 5 20 50 Staff 10,000 35 20 20 5 20 50 Applicant 10,000 35 20 12 5 10 50 f )Pr ff b 'Id' The Cedars-R one (single arruly etac e Size frontage front setback rear setback side in side out Width Standard 8,000 35 20 20 7,5 &5 20 50 Staff 6,000,6,500 & 7,000 35 20 20 7,5 &5 20 50 Aoolicant 5,500 35 20 20 7,5 &5 15 50 Lot size depending on oroduct access, Share common drive and alley loaded on sections 4 Z I f 'I d h d) e ea ows- smgle arrulY etac e Size frontage front setback rear setbac k side in side out I Width Standard 8,000 35 20 20 7.5&5 20 70 Staff 8,000 35 20 25 7.5&5 20 70 Aoolicant 8,000 35 20 20 7,5&5 20 70 Th M d R-4 (' I f .1 d h d) The Vintage -R4 Zone (single arruly detac e ) Size frontage front setback rear setback side in side out Width Standard 8,000 35 30 20 7,5&5 20 70 Staff 9,000 35 30 20 7.5&5 20 70 Applicant 10,000 35 30 20 7.5&5 20 70 f h d T e alrway- one smgl e arruly etac e Size frontage front setback rear setback side in side out Width Standard 17,000 35 30 30 10&5 20 75 per olan + 11 ,000 35 30 30 10&5 20 75 Staff oer olan -11,000 35 30 25 7.5 &5 20 75 per plan +11,000 35 30 30 10&5 20 75 Applicant oer olan -11,000 35 30 25 7,5 &5 20 75 h F' R2Z (. I f 'I d h d) . Eagle City Code 8-6-6-3, requires all final development plans be reviewed by the Planning and Zoning Commission as well as the City Council. This is partly to allow for additional City Review for flexibility needed for long-range and large PUD's, . The proposed development includes 16,7% of the site as common area open space including trails and gathering areas and landscape buffers. . Only 39% of all lots within the development have direct access to the proposed open space. 54% of the lots less than 9,000 square feet acre in size have direct access to the open space. Additional open space ribbons have be incorporated into the "Meadows" and "Vintage" areas to provide a Page 25 of 45 K:\Planning Dept\Eagle ApplicationslSUBSl2004IEaglefield Estates ccf.doc . better integration of open space into the development but at the Planning and Zoning Commissions directions these area have not been included in the open space calculations for they are not dedicated open space and further decrease the usable are of the adjacent lots, The application has proposed to redesign the open space to include a swimming pool and club house on Lot l-C of Block 8 the pond should be removed fro this area to increase the usable open space of the development. Staff would recommend that in a PUD of this size and with the requests for diminished lots size and setbacks a minimum of 60% of the lots should have direct access to open space. The applicant proposes to use open fencing in portions of the development. Open Fencing such as wrought iron should be used throughout the development to increase the open feel of the area and reduce the closing off of reduced size lots. A large amount of the open space for the development has been proposed to be trail and view corridors. Additional attention should be given to active recreation and gathering areas, The applicant proposes the use of a 5 ft wide pathway within the common area trail networks. All trails should be a minimum of 6-ft to comply with Eagle City Code, N. Golden Crown Way stops abruptly and changes into a local street section north of Tatlock Drive. The proposed Legacy Development to the north of this project shows a residential collector running along its southem boundary these roads should interconnect to establish a continuous residential collector system. The roadway cross sections should coordinate to ensure adequate capacity and consistency of design through out the development. Development of a continuous collector should be done if traffic counts warrant it. . . . . The applicant has provided typical house styles by product area, Overall staff would like to see additional house styles included into the development agreement for the area. Further additional standards should be placed in the CC&R's to ensure that the residential architecture does not become monotonous, The applicant has provided housing typicals but there is not a proposed architectural style for the development. The following comments are specific to "The Gables" (See Exhibit 1 for product area location): o Joint access and building pads should be considered to ensure that the area does not become over powered by pavement and the orientation of the house do not result in a monotonous look; and. o Building pads should be considered to determine building orientation and spacing; and o Additional architectural variations should be shown for this area; and o This area will require a design review application prior to building permit; and o Maintenance for this area should be completed through a sub-home owners association controlling both landscaping and building maintenance; and o A pedestrian connection shall be provided from "The Gables" to the State Street corridor to facilitate a connection to a future transit corridor. . . The following comments are specific to "The Cedars" (See Exhibit 1 for product area location): o This area contains the smallest lots within the development. To diminish the feeling of a garage dominated streetscape this area should be conditioned to include alley access for as well as shared access and side entry garages; o The applicant proposes a diminished lot size of 5,500 square feet in this area, This is a Page 26 of 45 K:\Planning Dept\Eagle Applications\SUBS\2004\Eaglefield Estates ccf.doc reduction of 2,500 square per lot from that of the standard lot size within the R-4 zoning classification, 8,000 square feet. Though a S,SOO square foot lot gives a distinct product type, additional variation should be proyided within this area to reduce the tightness of houses and the walled corridor effect that large house on small lots often creates, A S,SOO square foot minimum should be considered for lots haying alley access, with a 6,SOO square foot minimum considered for lots using shared access and a 7,000 square foot minimum for lots having individual access and limiting the percentage of lot having individual lot access to IS%, These standards will allow a mixing of the product type with in the development. (See Exhibit 2) The development as proposed contains 10 individual access lots which represent 15% of the units in the "cedars" area, o The comprehensive plan designation for the area is transitional residential and is intended to provide an area that allows for a gradual decrease in density between the high density residential designation located along State Street and the Residential two designation further north. The proposed 6,000 located at the northern and eastem most edge of the cedars does not provide for a transition between land uses, The area should be redesigned to allow for a more adequate transition of density, . The following comments are specific to "The Meadows" (See Exhibit 1 for product area location): o The comprehensive plan designation for the area is Transitional Residential and is intended to provide an area that allows for a gradual decrease in density between the high density residential designation located along State Street and the Residential two designation further north. The proposed minimum lot size in the Meadows is 8,000 square feet (standard in the R-4 zoning classification) the proposed preliminary plat date stamped by the City of Eagle on October 21, 200S contains a even mixture of 8,000, 9,000 and 10,000 square foot lots, Additional variation such as shared access and varied front yard setbacks should be considered within this area to reduce the monotony of the product type and provide variation of the streetscape, o The City of Eagle has few areas developed with R-4 type densities due to the fact that there has been significant public input about the cramped feeling of these areas (having one house on top of another). The applicant proposes to create an area within Blocks 7 and 8 that will result in 4 rows of homes with a 20' wide pathway easement to provide visual separation. The Planning and Zoning Commission felt this easement should not be counted as open space for the development. Further the use of these easements further diminishes the buildable area of a reduced lot. . The following comments are specific to "The Vintage" (See Exhibit 1 for product area location): o The City of Eagle has few areas developed with R-4 type densities due to the fact that there has been significant public input about the cramped feeling of these areas (having one house on top of another). . The applicant proposed to create between Cavendale Court and Tatlock Drive that creates lots stacked 4 deep with a 20' wide pathway easement to provide visual separation. The Planning and Zoning Commission felt this easement should not be counted as open space for the development. Further the use of these easements further diminishes the buildable area of a reduced lot. o The comprehensive plan designates this area as Residential Two (two units per acres). This applicant has requested this area be rezoned to R-4 nearly doubling the density as detailed in the comprehensive plan. Staff recommends that if the area is to receive a variation from the Residential Two designation the area receive an R-3 zone opposed to Page 27 of 45 K:\Planning Dept\Eagle Applications\SUBS\2004\Eaglefield Estates ccf.doc the R-4 for the proposed setbacks and dimensional standards conform to those of the R-3 Zone. See table on page 26. o The applicant proposes 10,000 to 14,000 square foot lots at the northem edge of the "Vintage" area abutting a exclusively Y2 acre designation. These lots should be increased to meet the minim lot size in the R-2 designation. . The following comments are specific to "The Fairways" (See Exhibit 1 for product area location): o The applicant is requesting a diminished setback for all lots within the R-2 zoning designation, The lots as proposed do not warrant a diminished setback. Staff proposes that all lots less than 11 ,000 square feet in size use the standard R-3 setbacks and dimensional standards and all lots 11,000 square feet or larger use the standard R-2 setbacks and dimensional standards. . Staff has no objections to the proposed vacation of right of way for this application. . The applicant is proposing the main entrance to the development dome from W. Pelston Street at Linder Road to the east of this site. The proposed accesses are not contained within the proposed development. The applicant should provide documentation from the appropriate property owners granting easements to construct these access points prior to the signing of the final plat for the first phase of the development. . One proposed preliminary plat date stamped by the City on October 21, 2005 the applicant has removed all reference to emergency secondary access from the development. Emergency access should be addressed by the applicant and the Eagle Fire District. STAFF RECOMMENDA nON PROVIDED WITHIN THE STAFF REPORT: (Based on Submittal dated September 21,2005) STAFF RECOMMENDATION FOR THE REZONE: If the planning and zoning commission feels that the applicant has adequately addressed their concems staff recommends the following conditions to be placed within a deyelopment agreement to guide the development: 2.1 The maximum density for the Property shall be 2.73-dwelling units per acre (329 single family lots and 15 four-plex lots. Page 28 of 45 K:\Planning DeptlEagle Applications\SUBS\2004\Eaglefield Estates ccf.doc 2,2 Dimensional standards within the development shall be as follows, product type location is attached as Exhibit A: enve ope fron t rear side side Coverage Size frontage setback setback In out width 35% 10,000 35 20 20 5 20 50 The Gables-MU Zone (four-plex 10ts)Prefer to use a building I The Cedars-R4 Zone (single family detache ) front rear side side Coverage Size frontage setback setback In out Width 6,000, 6,500 & 7,5 & 35% 7,000 35 20 20 5 20 50 Lot size depending on product access, Share common drive and alley loaded on sections d The Mea ows- 4 Zone (sIngle almly etac e front rear side side Coverage Size frontage setback setback In out Width 35% 8,000 35 20 25 7.5&5 20 70 d R I f 'I d h d) The Vintae:e -R4 Zone (single family detached) front rear side side Coverage Size frontage setback setback In out Width 35% 10,000 35 30 20 7.5&5 20 70 The Fairway -R2 Zone (single familv detached) front rear side side Coverage Size frontage setback setback in out Width 35% oer oIan + 11 ,000 35 30 30 10&5 20 75 7,5 35% per plan -11,000 35 30 25 &5 20 75 2.3 Prior to the City Clerk signing the final plat for the first phase of any subdivision for this site, the property owners shall abandon the existing access point on State Highway 44 (which serves as the existing access) and construct a new collector road (W. Pelston Road)beginning at Linder Road and Escalante Road extending to the Western edge of the development. 2.4 Eagle hereby acknowledges that the attached typical housing styles (Exhibit "B") represents an example of the property owners' current concept for the site and understands and agrees that changes in that concept wil11ikely occur. The property owners also understand and agree that any changes regarding development of the site must be in conformance with the "Conditions of Development" stated herein. 2.5 All non-single family structure shall comply with ECC 8-2A and receive approval from the Eagle Design review Board and City Council. Page 29 of 45 K:\Planning DeptlEagle ApplicationslSUBS\2004\Eaglefield Estates ccf.doc 2,6 The development shall comply with the Eagle City Code, as it exists in final form at the time a design review application is made, including compliance with all of the conditions as proyided within this development agreement. 2.7 The property owners shall remove all existing structures located near the southeast comer of the Property from the site prior to the issuance of any building permits for the site. Demolition permits shall be obtained prior to the removal of said structures. 2.8 Prior to issuance of any building permits, Applicant shall provide proof of adequate sewer service to the proposed residences and commercial and industrial uses. A letter of approval shall be provided to the City from the Idaho Department of Health, Division of Environmental Quality, and/or Central District Health, prior to issuance of any building permits, Applicant acknowledges that the Property is currently not annexed to the Eagle Sewer District and annexation shall be required. Applicant acknowledges that the Property is located within the City of Eagle Municipal Water Service Area and compliance with applicable Eagle City Code sections shall be required. STAFF RECOMMENDATION FOR THE PUD: If the Planning and Zoning Commission feel that the applicant has adequately addressed their concems staff recommends the following site specific conditions of approval and the standard conditions of approval provided below. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on September 19,2005 and October 3, 200S, Testimony was taken, the public hearing was closed, and the Commission made their recommendation at that time, B. Oral testimony in opposition to the application was presented by: None C, Oral testimony in favor of the application was presented by: JD Simplot testified that he was a partner in the development and that the project was providing the City of Eagle a municipal well to help the City out and the project should be approved at the density and design proposed, Bill Crumb testified that the marketing and architectural controls for the project would eliminate any concems about "snout houses" and he anticipated the build out of this process to happen quickly and with more variety than Sedona Creek Subdivision to the East. Gene Harding 30S5 Floating Feather Road testified that the project had the appropriate transition and a good "smart growth" design that provided a balance in ownership options. Scott Reeser testified that as a neighbor he looked forward to working with the developer to develop his property and matching product type. D, Oral Testimony as a comment toward the application was presented by: Sue Sullivan, District 3 Planner, ITD testified that additional right of way was required for the State Street Corridor and provided a typical cross section for the roadway, Page 30 of 45 K:\Planning DeptlEagle Applications\SUBS\2004lEaglefield Estales ccf.doc COMMISSION DECISION: (Based on Submittal dated September 21,2005) The Commission voted 2 to 1 (Lien and Aspitarte absent) to recommend approval of A-ll-04/ RZ-17- 04/CU-IO-04/PPUD-3-04/PP-9-04N AC-2-04 with the staff recommended site specific and standard conditions of approval with text shown with strike-thru to be deleted by the Commission and text shown with underline to be added by the Commission shown below. DISSENTING OPINION: Commissioner Pierce voted against the recommendation stating that the combination of Site Specific Conditions 5 and 6 shown below were too strict and either one or the other should be used to buffer and transition the Residential Two area north of the "Cedars" but not both. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on December 13, 200S, at which time testimony was taken and the item was continued to January 24, 2006, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time, B, Oral testimony in opposition to this proposal was presented to the City Council by one (1) individual who expressed concems regarding the increased density of the areas west of Linder Road and the lack of roadway infrastructure. C, Oral testimony in favor of this proposal was presented to the City Council by no one (other than the app lican t/represen tati ve), D. Oral testimony neither in favor nor in opposition to this proposal was presented to the City Council by no one. COUNCIL DECISION: The Council voted 4 to 0 to approve A-ll-04/ RZ-17-04/CU-IO-04/PPUD-3-04/PP-9-04N AC-2- 04 for an annexation, rezone with development agreement, conditional use permit, preliminary development plan, preliminary plat, and vacation for Eaglefield Estates for Eaglefield, LLC with the following site specific conditions of approval and standard conditions of approval. CONDITIONS TO BE WITHIN THE DEVELOPMENT AGREEMENT: 2.1 The maximum density for the Property shall be 2.61-dwelling units per acre (312 single family lots and IS four-plex lots), 2.2 Dimensional standards within the development shall be as follows: (product type location is attached as Exhibit C) Page 31 of 45 K:\Planning Dept\Eagle Applications\SUBS\2004\Eaglefield Estates ccf.doc width 50 **See Site S ecific Condition #49 Size 8.000 front setback 20 rear setback 25 Size 10.000 side in side out 10& 5 20 7,5 &5 20 Size er Ian 11 ,000 + per plan 10,999- 35 35 30 25 Width 70 Width 70 Width 75 75 2,3 Prior to the City Clerk signing the final plat for the first phase of any subdivision for this site, the Property Owner shall abandon the existing access point on State Highway 44 (which serves as the existing access) and construct a new collector road (W, Pelston Road) beginning at Linder Road and Escalante Road extending to the Westem edge of the development. 2.4 Eagle hereby acknowledges that the attached typical housing styles (Exhibit "E") represents an example of the Property Owners' current concept for the site and understands and agrees that changes in that concept will likely occur but that the changes must substantially conform to the con sept plan a related designs herein" The Property Owner also understands and agrees that any changes regarding development of the site must be in conformance with the "Conditions of Development" stated herein. 2.5 All non-single family structures shall comply with ECC 8-2A and shall receive approval from the Eagle Design review Board and City Council prior to the issuance of any building permits, 2.6 The development shall comply with the Eagle City Code, as it exists in final form at the time a design review application is made, including compliance with all of the conditions as provided within this development agreement. 2.7 The Property Owners shall remove all existing structures located near the southeast comer of the Property from the site prior to the issuance of any building permits for the site, Demolition permits shall be obtained prior to the removal of said structures. 2,8 Prior to issuance of any building permits, the Property Owner shall provide proof of adequate sewer service to the proposed residential uses. A letter of approval shall be provided to the City from the Page 32 of 45 K:\Planning DeptlEagle ApplicationsISUBSI2004\Eaglefield Estates ccf.doc Idaho Department of Health, Division of Environmental Quality, and/or Central District Health, prior to issuance of any building permits. Property Owner acknowledges that the Property is currently not annexed to the Eagle Sewer District and annexation shall be required. Property Owner acknowledges that the Property is located within the City of Eagle Municipal Water Service Area and compliance with applicable Eagle City Code sections shall be required, 2,9 As required by Title 6, Chapter 5, ofthe Eagle City Code, the Property shall become part of the City of Eagle's municipal water system and comply with the terms of the September 13, 2005, Memorandum of Agreement signed by the City and the Property Owner's representative attached hereto and incorporated herein by reference as Exhibit F, All water mains to be dedicated to the public shall only be constructed on rights of way, easements or publicly owned property. Easements or permits secured for main extensions shall be obtained in the name of the City, along with all rights and title to the main at the time of service is provided to the customer paying for the extension, Water mains shall be extended by the Property Owner to the boundaries of the development at locations designated by the City Engineer where future water system extension is expected to occur. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-17- 04. 2. Comply with all requirements of the City Engineer. 3, Comply with all requirements of ACHD, 4. The applicant shall submit payment to the City for all outstanding Engineering and Legal fees incurred for reviewing this project, prior to the City Clerk signing the first final plat. 5, Pre'/iae a reyisell flreliHiiHlIf]' plat shewiHg larger lets that are eeHiflatil3le te the reElliirell R 2 lets at the HeRhem ellge ef the "Cellars" Mea these lets shelilll Be a 7,099 sEjliare fuot mfRiHitiHi fur Lets 1 21 Bleel, 5, 6. Preville a llHlllseape easeHieHt at the HeFtRem ellge Elf Lets 1 9 Bleek 3 iH the "Cellars" as a tFaRsitieR te the ResiaeRtial Twe area te the HeFth, 7. Comply with all site specific conditions provided within the Eagle Fire District letter dated, September 9,2005, 8, Lot access in the "Cedars" area shall be regulated by Exhibit D of the development agreement: 9. Provide the City of Eagle a recorded copy of an ingress/egress and utility easement for the connection of Pelston Street to Linder Road to the west of the site. The existing access to State Highway 44 shall be abandoned and the new access constructed prior to the City Clerk signing the final plat for phase one, 10. Provide the City of Eagle a recorded copy of an ingress/egress easement for the off site portion of the cross-access/alley easement west of Block 3 lots 2-10, 11. Previae a revisell laRaSeafle fllaR foGr the flfl:iliHiiRar/ fllat/flreliHiiHlIf]' E1eveleflHieRt fllaH she'....iHg all flreflesell lanllseafliHg \'/ithiH the E1eveleflHieHt. Page 33 of 45 K:\Planning DeptlEagle ApplicationslSUBSl2004\Eaglefield Estates ccf.doc 12. The applicant shall place a note on the final plat that all common areas are to be owned and maintained by the Eaglefield Estates Homeowner's Association. The applicant shall provide a copy of the CC&Rs (which include a similar statement regarding the common areas) for review and approyal by the City attomey prior to the approval of the final plat for phase one. The CC&Rs for the Eaglefield Estates Homeowner's Association shall provide that the association shall have the duty to maintain and operate all of the common landscape areas in the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity, 13, All landscaping, common area and lots (outside of the building pads) within the "Gables" area shall be maintained by a sub-homeowners association and held in common to ensure the consistent and adequate maintenance of this area. 14. The entire Eaglefield Estates development shall remain under the control of one Homeowner's Association. 15, As described by the applicant, strict architectural controls shall be enforced shall be in keeping with proposed typical architecture standard for the development. Photo examples of the above descriptive language, are attached as Exhibit E of the development agreement, are incorporated herein by reference, To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the subdivision CC&R's. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the City attomey prior to the approval of the final plat for phase one, 16, The submittal of the building permit application to the City for each home within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permits applications that do not have an approval letter attached will not be accepted. 17. To assure compliance with the PUD conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the architectural requirements (as noted in the applicant's justification letter item "Z" and as required in site specific condition of approval # 16 above) of the PUD, 18. The CC&R's should include language controlling the number of times a single elevation/design can be used within the development and the proximity of similar elevation/designs to each other exempting the "Gables" and "Cedars" areas, The CC&R's shall be reviewed and approved by the City attorney prior to the approval of the final plat for phase one, 19, Provide a revised preliminary plat/preliminary development plan showing note #4 changed to reflect a rear lot line drainage and utility easement of 12-feet wide and a side lot line drainage and utility easement of 6-feet wide. 20, Provide a revised preliminary plat/preliminary development plan showing the water supplier as the City of Eagle. 21. Provide a revised preliminary plat/preliminary development plan showing all trails outside of the public right-of-way a minimum of 6-feet wide. The revised plans shall be reviewed and approved by the Parks and Pathway Development Committee and the Design Review Board prior to the submittal of a final plat. 22, Provide a revised preliminary plat/preliminary development plan showing all sidewalks and Page 34 of 45 K:\Planning DeptlEagle Applications\SUBS\2004\Eaglefield Estates ccf.doc trails within the public right-of-way a minimum of 5-feet wide and constructed of concrete, 23, Provide a revised preliminary plat/preliminary deyelopment plan showing a dedication to ITD 100 ft from the centerline of State Highway 44, including the property south of State Highway 44, Block 39, Lot1. 24. Provide plans showing street lighting details for review and approval by the Zoning Administrator with the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting, 25, All utility poles providing service to the existing structures on the site shall be removed, prior to the issuance of any building permits for the site, All utility service lines serving existing structures shall be placed underground prior to the issuance of any building permits for the site. 26, All accessory structures located on the site shall be removed from the site prior to the issuance of any building permits for the site, Demolition permits shall be obtained prior to the removal of said structures, 27. The applicant shall submit a design review application showing: 1) proposed subdivision signage, 2) planting details within the proposed and required landscape islands and knuckles and all common areas throughout the subdivision 3) building elevations for all proposed common area structures and irrigation pump house, 4) landscape screening details of the irrigation pump house, 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, The design review application shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat. 28, The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot on the side lot lines, or as approved by the Design Review Board and within five-feet (5') of the edge of the roadway, Prior to the City Clerk signing the final plat, the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements within the swales (borrow ditches), Trees shall be installed prior to obtaining any occupancy permits for the homes, A temporary occupancy may be issued if weather does not permit landscaping. 29. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. The applicant shall have an on-site meeting with the City Forester to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 30. Provide a revised landscape plan showing the relocation of the pond to accommodate a playing field, pool and clubhouse on Lotl-C, Block 8, 31. Provide a landscape plan showing berming, fencing, and planting details within the required 75-foot wide buffer area with a minimum 10-foot high berm along State Highway 44 abutting this site for review and approval by the Design Review Board prior to the submittal of a final plat. Page 35 of 45 K:\Planning DeptlEagle ApplicationslSUBSl2004\Eaglefield Estates ccf.doc 32. Provide a landscape plan showing berrning, fencing, and planting details within the required 35-foot wide buffer area with a minimum 5-foot high berm along N. Golden Crown Way and W, Pelston Road abutting this site for review and approval by the Design Review Board prior to the submittal of a final plat. 33. Provide a revised preliminary development plan/preliminary plat plan showing: a local roadway cross section with a 5-foot detached sidewalk on both sides of the ROW prior to submittal of the final plat. 34, The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site, prior to approval of a final plat. 35. Any stub street which is expected to be extended in the future shall be provided with a sign generally stating that, "This Street is to be extended in the future", 36. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures, Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 37. The applicant shall install at the entrances to Eaglefield Estates Subdivision 4' x 4' plywood or other hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. Page 36 of 45 K:\Planning Dept\Eagle Applications\SUBS\2004\Eaglefield Estates ccf.doc 38. The following setbacks and lot coverage requirements shall apply (see Exhibit A of the development agreement for product location): The Gables-M-U Zone (four-plex lots) Min. of 15 ft between buildinJ!;s Size frontaJ!;e front setback rear setback side in side out I width 10,000 35 20 20 T 5 20 I 50 The Cedars-R-4 Zone (sin!!1e family detached) Size (Sq ft)* frontaJ!;e front setback rear setback I side in side out Width 6,000,6,500 & 7,000 35 20** 20 17,5 & 5 20 50 .1\11 Jots oetween 6, UUU ana o,~~ sq t shall have snareOlcommon dnves, All lots Jess than ',UUU sq ti shall be allev loaded. See Exhibit D for lot access requirements, **See Site Specific Condition #49 Size frontage I front setback I rear setback I side in I side out Width 8,000 35 I 20 I 25 7,5&5 I 20 70 The Vinta!!e -R-3 Zone (sin!!le familv detached) Size fronta!!e I front setback I rear setback side in I side out Width 10,000 35 I 30 I 25 7,5&5 I 20 70 The Fairway -R-2 Zone (single familv detached) Size frontaJ!;e front setback rear setback side in side out Width per plan 11,000 + 35 30 30 10&5 20 75 per plan 10,999- 35 30 25 7.5 &5 20 75 39. The side setback (that side adjacent to the pathway) for lots adjacent to interior pathways shall be IS-feet minimum, 40, All fencing adjacent to a pathway, pedestrian path and/or open space easement shall not exceed 4-feet in height. 41. All fencing within the development shall be open fencing constructed of wrought iron or similar material approved by the Eagle Design Review Board, 42, The applicant's properties shall be annexed into the Eagle Sewer District's service boundaries and shall comply with all applicable Eagle Sewer District regulations and conditions prior to the approval of a final plat for this site. 43, Comply with the requirements of all drainage district and irrigation districts. 44, The apfllieaRt shall flreyiae a revisea pFelimiHary aeyelepmeHt fllaR! flrelimiHar)' fllat shewiHg a aifeet fleaestrianltfiHlsit aeeess fleiHt setweea the "Gallles" area aHa State Highway 11 te the sellth. CeHstrlletieH aetails (i,e, wieth, sfleeifie leeatieH, aHa sllRaee material) shelllB Be reviewea aRa apflreyeasy the Parle &. Pathway CeHHllittee aHa DesigH Re':iew lleara prier te sliBmiual ef tHe fiHal fllat, Page 37 of 45 K:\Planning DeptlEagle ApplicationsISUBS\2004\Eaglefield Estates ccfdoc 45. Front porches shall be a required design element of all "Gables and Cedars" lots and shall be reviewed by the ACC prior to submittal to the City of Eagle for building permits. 46. Provide a revised preliminary plat showing street names as approved by the Ada County Street Naming Committee, 47, Per ECC 8-6-6-3 All final development plans for Eaglefield Estates shall be reviewed by the Planning and Zoning Commission prior to council action, 48. The following setback shall apply in the "Cedars" (see Exhibit C of the development agreement for product location): 15 ft. front setback: Lots 2. 4. 6. & 8. Block 3 Lots 4.6.8. 10. 14. 16. 18.20. & 2. Block 4 Lots 3. 5. 7. & 9. Block 6 15 ft. front setback & 10 ft. street side setback: Lot 10. Block 3 Lots 11 & 12. Block 4 Lot 11. Block 6 49. Provide a revised preliminary plat and landscape plan that meets the street tree standards of Eagle City Code 8-2A-7M, If these standards can not be met under the current drainage design (road-side swales) all new storm water drainage designs and calculations shall be approved bv the City Engineer. and zoning administrator prior to the submittal of the final plat. 50, All water mains to be dedicated to the public shall onlv be constructed on rights of way. easements or publicly owned property, Easements or permits secured for main extensions shall be obtained in the name of the City. along with all rights and title to the main at the time of service is provided to the customer paving for the extension, Water mains shall be extended by the applicant to the boundaries of the development at locations designated by the City Engineer where future water svstem extension is expected to occur. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property, The developer may submit a letter in lieu of plans explaining why plans may not be necessary, 4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and I.c. 39-118). Page 38 of 45 K:\Planning DeptlEagle ApplicationsISUBS\2004lEaglefie1d Estates ccf.doc 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (B,C.C. 9-20-8.4) 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system, 8, Per Idaho Code, Section 31-380S, conceming irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground title or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity, See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria for pressurized irrigation facilities, Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter, 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity, A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction, A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat, 12. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards, The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Page 39 of 45 K:\Planning DeptlEagle ApplicationslSUBSl2004IEaglefield Estales ccfdoc The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 13. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 14, An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concem as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b, The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and I,SOO gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d, The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. IS. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attomey prior to the City Engineer signing the final plat. 16, Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attomey shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17, The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 18, Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. 19. Conservation. recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. 20, The applicant shall place a note on the face of the plat which states: "Minimum building setback Page 40 of 45 K:\Planning DepllEagle ApplicationslSUBSl2004lEaglefield Estates ccf.doc lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required", 21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. 22, The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 23. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps, of Engineers prior to approval of the final plat by the City Engineer. 24. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps, of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 2S. Basements in homes in the flood plain are prohibited. 26, The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with, All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 27, No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the City of Eagle, The burden shall be upon the applicant to obtain written confirmation of any change from the City of Eagle. 28. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-S (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of IS0% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check, 29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 30, Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk, 31. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights, The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application, CONCLUSIONS OF LAW: 1. Portions of the applications for this item were received by the City of Eagle, in parts, in the months of Page 41 of 45 K:\Planning DeptlEagle ApplicationslSUBS\2004lEaglefield Estates ccf.doc January through August 2005. The applications were finally received and deemed complete by the City of Eagle on August 31, 2005, 2, Notice of Public Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on September 1, 2005. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on August 29, 2005. Requests for agencies' reviews were transmitted on August 16, 2005, and August 29, 2005, in accordance with the requirements of the Eagle City Code. Notice of Public Notice of Public Hearing on the application for the Eagle City Council was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on November 14, 2005. Notice of this public hearing was mailed to property owners within three- hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on November 10, 2005. 3, The Council reviewed the particular facts and circumstances of this proposed annexation, rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat, and vacation (A-ll-04/ RZ-17-04/CU-IO-04/PPUD-3-04/PP-9-04N AC-2-04) and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community because; The intent of the Eaglefield PUD is to a choice in living environments by providing a variety of single housing and multi-family housing types which is a goal of the City of Eagle PUD ordinance, The homes are to be in a location that is in close proximity to State Street Corridor and future transit routes which mullti-modal transportation options options, 2, That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area because; The Eaglefield development provides similar lots sizes to the adjacent large lot development to the north and east and concentrates smaller lots adjacent to open space to provide an open feel to the development that is compatible with the existing residential uses, 3, That the development will not be hazardous or disturbing to existing or future neighborhood uses because; The development will have access to Linder Road from the newly constructed Pelston St.. The site will be serviced by central water and sewer. 4, That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic. noise. smoke, fumes. glare or odors because; Page 42 of 45 K:\Planning DeptlEagle Applications\SUBS\2004IEaglefield Estates ccf.doc No major impacts are expected as this development should only develop normal traffic pattems that would be related to a residential subdivision development. The proposed dwelling units on the site will be compatible with existing residential units in the area. 5, That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools because; All central services are available to be extended to the site, as noted within the letters provided by the agencies having jurisdiction over the site, Development of sewer, water, drainage, streets and other urban services will be provided at the developer's expense, The addition of more residences to the area may help facilitate the construction of new buildings within the School system, 6, That the development will not create excessive additional requirements at public cost for public facilities and services because; All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the sewer, highway district or City for water. Because the developer provides the services in the initial stages of development the public service providers avoid potential liability and expenses, 7, That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal because; The development plan was designed with consideration given to a large park, swimming pool and tot lot that provides an opportunity for residents to congregate and socialize in a central area. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares because; Access to the development will be from Linder Road by way of Pelston Street. At completion Pelston will align to the west with Moon Valley Ranch for a signalized intersection. The development will include stub streets to the adjacent parcels of this development which will provide intra-neighborhood connectivity upon further development of said property, The design and construction of the roadways and entrances is guided by the Ada County Highway District. 9, That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance because; No natural, scenic, or historical features are known to exist on the site. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan because; The proposed development fits well with the Comprehensive Plan since the Plan calls for High Density Residential (6+ units per acre), Transitional Residential and Residential Two (up to 2 units per acre) and will provide a variety of housing types to accommodate residents with varying lifestyle needs. Page 43 of 45 K:\Planning DeptlEagle ApplicationslSUBS\2004IEaglefield Estates ccfdoc 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8 because; This application requests approval for a preliminary development plan and conditional use permit as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the development will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design reView, 12, That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations because; The increased setbacks approved for the development will allow for further protection of the existing residential uses and for a varied streetscape. 4, The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-17 -04) with regard to Eagle City Code Section 8-7-S "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of MU-DA-P(Mixed Use with a development agreement and PUD), R-4-DA-P (Residential up to 4 units per acre with a development agreement and PUD), R-3-DA-P (Residential up to 3 units per acre with a development agreement and PUD), R-2-DA-P (Residential up to Two units per acre with a development agreement and PUD) is in accordance with the High Density Residential, Transitional Residential and Residential Two classification as shown on the Comprehensive Plan Land Use Map; b, The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist, or are required to be provided, to serve a single-family and multi-family dwelling residential subdivision on this property under the proposed zone; c, The proposed MU-DA-P(Mixed Use with a development agreement and PUD), R-4- DA-P (Residential up to 4 units per acre with a development agreement and POO), R- 3-DA-P (Residential up to 3 units per acre with a development agreement and POO), R-2-DA-P (Residential up to Two units per acre with a development agreement and PUD) zoning districts are compatible with the RR (Rural Residential - Ada County designation) zone to the east since that area is expected to be developed with the same density and types of uses as shown on the Comprehensive Plan Land Use Map; d. The proposed MU-DA-P(Mixed Use with a development agreement and POO), R-4- DA-P (Residential up to 4 units per acre with a development agreement and POO), R- 3-DA-P (Residential up to 3 units per acre with a development agreement and POO), R-2-DA-P (Residential up to Two units per acre with a development agreement and PUD) zoning districts are compatible with the RR zone (Rural Residential -Ada County designation) to the north since that area is expected to be developed with the same density and types of uses as shown on the Comprehensive Plan Land Use Map; e. The proposed MU-DA-P(Mixed Use with a development agreement and POO), R-4- DA-P (Residential up to 4 units per acre with a development agreement and POO), R- 3-DA-P (Residential up to 3 units per acre with a development agreement and POO), R-2-DA-P (Residential up to Two units per acre with a development agreement and Page 44 of 45 K:\Planning DeptlEagle ApplicationsISUBS\2004\Eaglefield Estates ccf.doc PUD) zoning districts are compatible with the RR zone (Rural Residential -Ada County designation) to the west since that area is expected to be developed with the same density and types of uses as shown on the Comprehensive Plan Land Use Map; f. The proposed MU-DA-P(Mixed Use with a development agreement and PUD), R-4- DA-P (Residential up to 4 units per acre with a development agreement and PUD), R- 3-DA-P (Residential up to 3 units per acre with a development agreement and PUD). R-2-DA-P (Residential up to Two units per acre with a development agreement and PUD) zoning districts are compatible with the RR zone (Rural Residential -Ada County designation) to the south since that area is expected to be developed with the same density and types of uses as shown on the Comprehensive Plan Land Use Map; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. No non-conforming uses are expected to be created with this rezone. DATED this the 14th day of February, 2006, CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho ATTEST: 1R (LA-L- k ~o ~ .... Sharo~ K. Bergmann, Eagle City lerk ...." "........... ~....,.J 0 F E", 0..... ~.. '\ ~ ....... <. '. ".. /-. ... .... ~ '. ~ ""J> a\'OR-1..... .~ .. . o:r ':J\ . . .. . ....: V" . . : I "" .. !* .~_.- !* ~ I ... SEALfI. i \ "')> ~I'o~~.. ~Ol ~l'B Of \~ ~"" ...........'," Page 45 of 45 K:\Planning DeptlEagle ApplicationslSUBSl2004IEaglefield Estates ccf.doc