Findings - CC - 2020 - RZ-02-19 & PP-03-19 - Estrada Village SubdivisionBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A REZONE FROM A (AGRICULTURAL) TO
MU-DA (MIXED USE WITH A DEVELOPMENT
AGREEMENT [IN LIEU OF A PUD] AND
PRELIMINARY PLAT FOR ESTRADA VILLAGE
SUBDIVISION FOR C17, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-02-19 & PP-03-19
The above -entitled rezone with a development agreement (development agreement in lieu of a PUD) and
preliminary plat applications came before the Eagle City Council for their consideration on July 23, 2019,
at which time public testimony was taken. The Council having heard and taken oral and written
testimony, closed the public hearing. The Council directed the applicant to provide a revised preliminary
plat showing no more that two (2) lots taking access from shared driveways and sidewalks located along
at least one (1) side of the street. The Council also directed the applicant to increase the side setback to be
no less than 5-feet, reduce the lot coverage to a maximum of 50%, and possibly re -locate the entrance
connecting to East Hill Road. The Council then remanded the applications to staff. The applications were
re -noticed and came before the Council for their action on June 23, 2020, at which time public testimony
was taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and
written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
C17, LLC, represented by Laren Bailey, is requesting a rezone from A (Agricultural) to MU-DA
(Mixed Use with a development agreement [in lieu of a PUD]) and preliminary plat approvals for
Estrada Village Subdivision, a 122-lot (104-residential, 14-common, 3-common drive/alleys, and
1-private street) residential subdivision. The 22.03-acre site is located on the north side of East
Hill Road approximately 450-feet west of the intersection of South Edgewood Lane and East Hill
Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, on Thursday, February 7, 2019, in
compliance with the application submittal requirement of Eagle City Code. The applications for
this item were received by the City of Eagle on February 11, 2019. A revised preliminary plat
was submitted to the City on March 14, 2019. A private street justification letter and a revised
narrative were submitted to the City on May 7, 2019. A second revised preliminary plat was
submitted to the City on May 26, 2019. A third revised preliminary plat was submitted to the City
on January 28, 2020. A revised narrative, private street justification letter, and landscape plan was
submitted to the City on January 28, 2020.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on May 16, 2019. Notice of this public hearing was mailed to property owners within
three -hundred feet (300-feet) of the subject property in accordance with the requirements of Title
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67, Chapter 65, Idaho Code and Eagle City Code on May 16, 2019. Requests for agencies'
reviews were transmitted on February 13, 2019, in accordance with the requirements of the Eagle
City Code. The site was posted in accordance with Eagle City Code on May 23, 2019.
Notice of Public Hearing on the applications for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
July 5, 2019. Notice of this public hearing was mailed to property owners within three -hundred
feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter
65, Idaho Code and Eagle City Code on July 3, 2019. The site was posted in accordance with the
Eagle City Code on July 12, 2019.
Re -Notice for City Council public hearing
Notice of Public Hearing on the applications for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
June 5, 2020. 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 June 5, 2020. The site was posted in accordance with the
Eagle City Code on June 12, 2020.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 30, 2016, the City approved a lot line adjustment for Patrick and Karen Towne
(LLA-04-16).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE:
See justification letter provided by the applicant's representative, date stamped by the City on
January 28, 2020 (attached to the staff memo, dated June 17, 2020).
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant is requesting a development agreement in lieu of a PUD to meet the intent of the
MU (Mixed Use) zoning designation, and to ensure that the property is developed in a manner
that protects the public interest and assures a development that meets the vision for this area as
anticipated by the City of Eagle.
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H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
Existing Downtown
Proposed No Change
ZONING
DESIGNATION
A (Agricultural)
MU-DA (Mixed Use with
Development Agreement
[in lieu of a PUD])
North of site Public/Semi-Public, R-4 (Residential)
Neighborhood
Residential, and
Compact Residential
South of site Downtown,
Public/Semi-Public, and
Compact Residential
East of site Compact Residential
West of site Neighborhood
Residential
MU-P (Mixed Use — PUD),
MU-DA (Mixed Use with a
development agreement [in
lieu of a PUD]), and PS
(Public/Semi-Public)
A-R (Agricultural -
Residential) and R-1
(Residential)
R-4 (Residential)
I. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
J. SITE DATA:
Total Acreage of Site — 22.03-acres
Total Number of Lots —122
Total Number of Units —104
LAND USE
Vacant parcel
Single-family residential
development
Single-family residential
subdivisions (Eagle Hills
West and Eagle Rim
Estates Subdivisions) and
Eagle Hills Golf Course
Single-family residential
subdivisions (Winding
Creek and Crestpoint
Place Subdivisions),
Multi -family residential
(Sooner Condominiums),
and Academy School
Single-family home
located on an unplatted
parcel
Single-family residential
subdivision (Larue Acres
Subdivision)
Residential — 104
Commercial — 0
Industrial — 0
Common — 18 (inclusive of 14-open space lots, 3-common drive
lot), and 1-private street lots)
Single-family —104
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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Additional Site Data
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
Open Space
Proposed I Required
4.72-dwelling units per acre 4.72-dwelling units per
acre (as limited within the
development agreement)
4,689-square feet* 5,000-square feet
(minimum)
45-feet
0-feet (shared driveway lots)
4.51-acres* *
Percent of Site as Common Area 20.5%**
Open Space
50-feet
35-feet
4.41-acres
20%
Except that, according to
ECC Section 9-3-8 (C)
the City may require
additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 50 or
more lots.
* The applicant is providing an off -setting increase in open space to allow for the reduction of
lot sizes.
** Not inclusive of private street lot and ingress/egress common lots.
K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The southern property line is located adjacent to East Hill Road which is classified as a collector.
The applicant is proposing a 35-foot wide buffer area located adjacent to East Hill Road.
Open Space:
A total of 193,862-square feet (4.51-acres) approximately 20.5% of open space is proposed
within the residential subdivision. The open space is inclusive of the buffer area located adjacent
to East Hill Road, buffer lots adjacent to the internal streets, a western linear park area, main park
area with a gathering place, and an eastern park area. The park areas will include a picnic shelter,
patio area, gas fire pit, seating/gathering areas, pathways, and landscaping.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final 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.
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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. All
utilities including power are required to be placed underground.
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) — Yes
The existing residence is connected to a septic system. The developer will be required to abandon
the existing system.
Pressurized Irrigation:
The property currently receives irrigation water from the New Dry Creek Ditch Company.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of
the subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
L. STREET DESIGN:
Public Streets: None.
Private Streets:
The private streets will be constructed based on the typical street sections shown within the
preliminary plat, date stamped by the City on January 28, 2020.
Applicant's Justification for Private Streets:
See applicant's justification letter, date stamped by the City on January 28, 2020 (attached to the
staff memo, dated June 17, 2020).
Blocks Less Than 500': None.
Cul-de-sac Design: None proposed.
Sidewalks:
The preliminary plat, date stamped by the City on January 28, 2020, shows preliminary street
sections with a combination of attached and detached sidewalks on one (1) side of the street.
North Duke Lane, East Spartan Lane, East Amanita Lane, and North Winged Fork Lane (at the
entrance only) will have a detached sidewalk on one (1) side of the street. The remaining internal
streets will have an attached sidewalk on one (1) side of the street with the exception of the
remaining portion of North Winged Fork Lane which will have attached sidewalks on both sides
of the street.
Curbs and Gutters:
The preliminary street section details contained within the preliminary plat, date stamped by the
City on January 28, 2020, shows all the street sections with a 6-inch vertical curb and gutter.
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Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to date.
Approval from that committee is required prior to final plat approval.
M. ON AND OFF -SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways/Pathways:
Bike Paths:
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.
N. PUBLIC USES PROPOSED: None proposed.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is located within Eagle Water Company's certificated water service area. Fire and
medical services will be available from the Eagle Fire District. Police protection is provided by
the Ada County Sheriff's Department through contract with the City of Eagle.
Q. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes — located in proximity to the northwest corner of the site, central area in
proximity to the irrigation district, and adjacent to the east property line.
Riparian Vegetation - no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — unknown
Wildlife Habitat — unknown
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required
S. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below.
City Engineer: All comments within the Engineer's letters dated April 8, 2019, and June 5, 2020,
are of special concern (attached to the staff report and staff memo, dated June 17, 2020).
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent's email dated February 19, 2019, are of special concern (attached to the staff
report).
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Ada County Highway District
Email received from Austin Miller with Ada County Highway District, dated July 22, 2019
Andeavor
Central District Health
Communities in Motion 2040
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
New Dry Creek Ditch Company
West Ada School District
T. LETTERS FROM THE PUBLIC (attached to the staff report and staff memos, dated July 16,
2019, and June 17, 2020):
Correspondence received from Larry and Dede Binder, date stamped by the City on May 23,
2019.
Correspondence received from residents of LaRue Acres Subdivision, date stamped by the City
on May 30, 2019.
Email correspondence from Steve and Angela Deckers, date stamped by the City on June 3, 2019.
Email correspondence from Austin Miller (Planner II with ACHD), dated June 3, 2019.
Correspondence received from Melanie Milrod (including signed petitions, traffic information,
and ACHD emails - 43 pages total), date stamped by the City on July 16, 2019.
Correspondence received from David Schwartz and Amy Allgeyer, date stamped by the City on
July 16, 2019.
Email correspondence received from Ken Baranco, dated March 21, 2020.
Correspondence received from Kelly Woodhouse, date stamped by the City on March 23, 2020.
Correspondence received from Shannon Baldrey, date stamped by the City on March 23, 2020.
Email correspondence received from Tawni Weaver, dated March 23, 2020.
Email correspondence received from Jared Luke, dated March 23, 2020.
Email correspondence received from Orson Woodhouse, dated March 23, 2020.
Email correspondence received from Mark & Kay Falconer, dated March 23, 2020.
Email correspondence received from Steve Walther, dated March 24, 2020.
U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to develop the site as a single-phase.
V. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment,
and/or conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
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5. That the development will be served adequately by essential public facilities such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water and
sewer, and schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided
in a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the
surrounding area for this proposed development justifies any proposed deviation from any
standard district regulations.
In cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development
has been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
For a request of up to 10% of the gross land area to be directed to uses other than residential
(i. e.; commercial, industrial, public and quasi public uses that are not allowed in the land use
district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
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THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 6: Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Downtown
Suitable primarily for development that accommodates and encourages further expansion and renewal
in the downtown core. A variety of business, public, quasi -public, cultural, ancillary residential and
other related uses are encouraged. The greatest possible concentration of retail sales and business is
to occur in this land use designation. Pedestrian friendly uses and developments are encouraged.
Residential only development should be discouraged. Land within this district is the only place to
utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use,
Residential, Commercial and Professional Office.
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls. This designation includes the Willow Creek
Scenic Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration, regional trails and connectivity.
6.17 Downtown Eagle Planning Area
6.17.1 Downtown Eagle Goals
B. Make downtown easy to get to for all modes of transportation and all generations seek to
expand and develop an interconnected street and pathway system.
6.17.2 Downtown Eagle General Objectives
C. Encourage the development and expansion of interconnected streets that help disperse
traffic rather than concentrating it onto a few major roadways.
J. Establish a system of streets, pathways and open space networks that strengthen
connections into and through Downtown Eagle.
Chapter 8: Transportation
8.2.1 Roadway System Goals
B. Maintain the functionality and connectivity of the street system for current local users,
emergency response efforts, and for use by future generations.
8.3 Transportation System Objectives
A. Encourage completion of the existing street system and creation of new links, within
reasonable constraints and as identified within the land -use subarea plans, as the
transportation system develops.
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8.4.1 Roadway Strategies
P. Local and collector streets through residential neighborhoods are recommended to
provide connectivity while being designed to preserve the character of the surrounding
neighborhoods through appropriate design techniques, including street width, traffic
calming, and traffic control. The goal of the local street system is to provide for local
circulation within Eagle and not for regional traffic. Cul-de-sac streets and private streets
should be discouraged. In order to provide this connectivity, new developments should be
required to stub access to adjacent undeveloped or underdeveloped parcels consistent
with ACHD road spacing standards. All new developments should be reviewed for
appropriate opportunities to connect to local roads and collectors in adjacent
developments.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 8-1-2 defines Easement as:
Authorization by a property owner for the use by another, and for a specified purpose, of any
designated part of his property.
• Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the zoning
districts have been formulated to realize the general purposes as set forth in this title. In addition,
the specific purpose of each zoning district shall be as follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited
office, limited commercial, and residential. This district is intended to ensure compatibility of
new development with existing and future development. It is also intended to ensure assemblage
of properties in a unified plan with coordinated and harmonious development which shall
promote outstanding design without unsightly and unsafe strip commercial development. Uses
should complement the uses allowed within the CBD zoning district. All development requiring
a conditional use permit in the MU zoning district, as shown in section 8-2-3 of this chapter,
shall occur under the PUD and/or development agreement process in accordance with
chapter 6 or 10 of this title unless the proposed development does not meet the area
requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative development, in
conjunction with adjacent parcels (to meet the minimum area requirements), shall be encouraged.
Otherwise a conditional use permit shall be required unless the proposed use is shown as a
permitted use in the MU zoning district within section 8-2-3 of this chapter. Residential densities
shall not exceed ten (10) dwelling units per gross acre. When a property is being proposed for
rezone to the MU zoning district a development agreement may be utilized in lieu of the PUD
and/or conditional use process if approved by the city council provided the development
agreement includes conditions of development that are required during the PUD and conditional
use process.
• Eagle City Code, Section 8-2-3 Schedule of District Use Regulations:
Residential dwellings are allowed by Conditional Use within the MU (Mixed Use) zoning
designation.
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• Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for the
MU (Mixed Use) zone:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Width I*
Sq. Ft.) G
And H*
IMU 1135'
20'
20'
17.5' 1 J20' 1150% 115,000 1150'
1
8-2-4(G):
All front load garages shall be set back a minimum of 25-feet from the back of sidewalk.
• Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options, the following
design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title, except that a decrease in the minimum lot size may
be allowed if there is an "offsetting increase" of the same square footage in open space and a
favorable finding is made by the council that the smaller lots are appropriately integrated into
the overall design and that the building product type is compatible with the PUD and
surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point for
minimum open space, prior to any "offsetting increase" being added, shall be the area that is
equal to ten percent (10%) of the site. This allowance shall only be permitted under the
following criteria:
1. The total common area open space shall be equal to or greater than twenty percent (20%),
inclusive of the "offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity and
architectural and siting variation are incorporated into the development and that these
factors make up a substantial contribution to the objectives of the PUD. These design
elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography, view,
sun and wind orientation, circulation pattern, physical environment, variation in
building setbacks and building grouping (such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone
under section 8-2-4 of this title
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• Eagle City Code, Section 8-7-3-3 Public Sites and Open Spaces:
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 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.
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-3-2-5: Private Streets:
Private streets may be permitted, in the discretion of the council, subject to the following:
A. Compliance: Private streets may provide access to any parcel or lot provided the council
determines that the private streets are in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that private
streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking.
3. The private streets shall provide adequate access for service and emergency vehicles.
4. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel layout.
6. Other than to provide emergency access, the private streets do not connect one public
street to another, thereby encouraging travel through the development served by the
private street; provided, however, that in order to provide secondary access, a private
street may have more than one connection to a public street and/or may be connected to
more than one public street if access thereto is controlled by automatic gates or other
control devices approved by the council.
7. The use or alignment of the private streets does not interfere with the continuity of public
streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets, including provisions for the funding thereof.
B. Construction And Design Standards: Private streets shall conform to the following
construction and design requirements:
1 All private street construction shall be in accordance with Ada County highway district's
structural standards for streets including base course and asphaltic concrete mat thickness
utilizing the appropriate traffic index or as may be recommended by the city engineer and
approved by the city council, and shall further be in accordance with Ada County
highway district's intersection design and drainage requirements, or as may be
recommended by the city engineer and approved by the city council.
2. Except as may be otherwise set forth in this section, private streets shall meet such design
and dimensional requirements as the council may determine are appropriate considering
the proposed use and the site upon which the private streets are to be placed, however, all
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private streets shall contain paved travel lanes a minimum of twelve feet (12') in width
(except as noted herein) and shall otherwise provide for the safe, convenient, and
effective movement of both vehicular and pedestrian traffic. Vertical curbing shall be
provided for streets that are less than thirty four feet (34') in total width.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including, but not
limited to, designated parking and "no parking" areas, speed, stop, and such other signs as
are required for safe pedestrian and vehicle travel.
5. All private streets shall, during the progress of construction, be inspected and tested, at
the expense of the owner or developer, by a qualified inspector in order to ensure
compliance with the construction and design standards set forth in this section, the
construction drawings as prepared by the registered professional engineer, and good
engineering and construction practices. Reports of such inspections and tests shall be
submitted, together with a certification of such compliance, for the review and approval
by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public right of
way, or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of
this chapter and subject to the approval of the Eagle fire district and city engineer and
provided further that proper maintenance of the island is provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle
fire district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer, and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared by
a licensed professional engineer in the state in substantial conformance with engineering
and design standards in effect at the time of preparation of the design. Construction
drawings, together with a certification of such conformity, shall be submitted for the
review and approval by the city engineer. No part of this section shall be construed as
allowing a private street that is not in conformance with current engineering and design
standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more restrictive
standard shall prevail, unless specifically determined otherwise by the city council.
C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance
of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost estimate
therefor prepared by a licensed professional engineer in the state, together with a
proposed method for funding the same, including, but not limited to, the creation and
maintenance of a reserve fund for that purpose, shall be submitted with the final plat
application for review and approval by the city engineer and city council.
2. The location of the private street shall be clearly depicted on the face of the plat and notes
shall be included on the face of the plat which shall:
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a. Act to convey to each lot owner within the subdivision to be served by the private
street the perpetual right of ingress and egress over the described private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street cannot be
modified and the homeowners'/property owners' association or other entity cannot be
dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be recorded at
the time of recording the plat which said covenant shall create a homeowners'/property
owners' association or substantially similar entity and make provision for the perpetual
maintenance of the private street in accordance with the approved plan as provided for in
subsection C1 of this section. Said restrictive covenant shall also provide that the said
covenant shall run with the land and that the said covenant cannot be modified and that
the homeowners'/property owners' association or other entity cannot be dissolved without
the express consent of the city. The said restrictive covenant shall be reviewed and
approved by the city attorney prior to certification and signing of the final plat by the city
engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the entity
responsible for the maintenance of any private street approved in accordance with the
provisions of this section to undertake such repair and maintenance activities as it may
determine is necessary to protect the public health, safety, or welfare and make such
expenditures from the funds reserved therefor as may be required thereby; and the owner
or responsible entity shall, as a condition of approval of any such private street, be
deemed to have agreed to comply with any such order and to reimburse the city all of its
costs, including attorney fees, incurred in obtaining or enforcing any such order. Any
order entered by the council pursuant to this subsection may be enforced by a court of
competent jurisdiction and the city shall be entitled to recover its costs and attorney fees
incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all
applicable components of the comprehensive plan.
E. Waiver: The council may waive or modify any of the standards or requirements of this section
when the private streets have been determined to be an integral element of the overall plan
and scheme of the development or will serve to enhance the overall development; provided,
however, that any such waiver shall not be injurious to public health or safety.
• Eagle City Code Section 9-3-5: Lots:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height and
area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from
the standards within section 8-2-4 of this code may be considered as part of the planned unit
development.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side
lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
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easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
F. Sidewalk Design:
1. Sidewalks, a minimum five feet (5') 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 eight foot (8') wide landscape strip. The landscape strip shall be completed
with sod, automatic irrigation, and planted with three inch (3") 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. The area within the eight foot (8') wide
landscape strip may be counted toward the minimum required common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line. Minor
variations to the location of a tree may be considered by the design review board during
the review of the subdivision landscape plan.
D. DISCUSSION (based on the preliminary plat, date stamped by the City on March 26, 2019):
• The preliminary plat shows all streets located internally to the site as private streets with the
exception of a public cul-de-sac located at the end of East Spartan Street (public) providing
access from the west. East Spartan Lane (Private) will be continued from the cul-de-sac as a gated
private street intersection to the east with North Winged Fork Lane (Private) where the street will
provide a connection to East Hill Road (Public) which is also a collector. North Winged Fork
Lane (Private) will have a gated entrance which will prohibit the internal streets from forming a
street network to access the adjacent neighborhood located west of the development. There are
policies within the downtown sub -area plan of the land use chapter of the comprehensive plan
(identified above in Section A of the Staff Analysis) which address the development of
interconnected streets that help disperse traffic rather than concentrating it onto a few major
roadways. The transportation chapter within the comprehensive plan also includes a policy that
indicates that local streets through residential neighborhoods are recommended to provide
connectivity while being designed to preserve the character of the surrounding neighborhoods
through appropriate design techniques, including street width, traffic calming, and traffic control.
It further states, cul-de-sac streets and private streets should be discouraged and all new
developments should be reviewed for appropriate opportunities to connect to local roads and
collectors in adjacent developments. Pursuant to Eagle City Code Section 9-2-3-5(A)(4, 6, & 7),
private streets may be permitted at the discretion of the Council if the private streets do not
adversely affect good transportation planning to adjacent property and to the area travel networks
and the use or alignment of the private streets does not interfere with the continuity of public
streets. In this case not continuing East Spartan Street as a public street through the proposed
development to East Hill Road (Public) interrupts the ability for vehicular traffic from the
adjacent neighborhood to gain access to East Hill Road (Public). The applicant should be required
to provide a revised preliminary plat with East Spartan Lane re -designed to be a public street to
provide access to East Hill Road. East Spartan Lane should have detached sidewalks located on
each side of the street. The revised preliminary plat should be provided prior to submittal of a
final plat application.
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• The preliminary plat shows a combination of attached and detached sidewalks located on one (1)
side of the street throughout the development. Pursuant to Eagle City Code Section 8-3-2-5(B)(3)
sidewalks shall be required in accordance with subsection 9-4-1-6(F). Pursuant to Eagle City
Code Section 9-4-1-6(F) 5-foot wide sidewalks separated by an 8-foot wide landscape strip are
required on both sides of street. The applicant should be required to provide a revised preliminary
plat showing the proposed sidewalks to be in conformance with Eagle City Code Section 9-4-1-6.
The revised preliminary plat should be provided prior to submittal of a final plat application.
• Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes shall conform
to the closest compatible base zone identified in Eagle City Code Section 8-2-4. The applicant is
requesting a MU-DA (Mixed Use with a development agreement [development agreement in lieu
of a conditional use permit]) zoning designation. The required setbacks within the MU (Mixed
Use) zone are as follows:
Front 20-feet
Rear 20-feet
Side 7.5-feet
Street Side 20-feet
Maximum Coverage 50%
The applicant is proposing to develop the property with patio homes and townhouse style lots
with single-family (detached homes). The applicant is requesting the following setbacks be
approved:
Front 20-feet (garage)
15-feet (living)
Rear 12-feet (boundary)
5-feet (alley)
Side 3-feet
Street Side 1 5-feet
Maximum Coverage 60%
The proposed setbacks are similar to previously approved setbacks for the development of patio
homes located within townhouse lots in other areas of the city with the exception of the front
(garage) setback and the side setback. Pursuant to Eagle City Code Section 8-2-4 (G), all front
load garages are required to be set back 25-feet from the back of sidewalk. The applicant is
proposing the sidewalks to be located on only one (1) side of street; therefore, only four (4) lots
will gain access from street where a sidewalk fronts the property. In regard to the proposed side
setback of 3-feet, previously approved side setbacks for patio home projects within the city vary
from 3-5-feet.
Staff will defer to the Commission and Council in regard to the reduced setbacks. If the
Commission and Council approve the requested setbacks, they are identified in Condition of
Development 3.4.
• Plat note #2 of the preliminary plat states, "Lot 1, Block 1 is a private road to serve as
ingress/egress to be owned and maintained by the Estrada Village Community Association. Lot 1,
Block 1 shall contain a blanket easement for the benefit of Eagle Water Company and Eagle
Sewer District."
Although the plat note indicates the private road is to serve as ingress/egress it does not properly
address the required plat notes associated with private streets. Pursuant to Eagle City Code
Section 9-3-2-5(C)(2) notes shall be included on the face of the plat which shall: a) Act to convey
to each lot owner within the subdivision to be served by the private street the perpetual right of
ingress and egress over the described private street; b) Provide that such perpetual easement shall
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run with the land; and c) Provide that the restrictive covenant for maintenance of the private street
cannot be modified and the homeowners'/property owners' association or other entity cannot be
dissolved without the express consent of the city. The applicant should provide a revised
preliminary plat with plat note #2 revised to a) convey to each lot owner within the subdivision to
be served by the private streets the perpetual right of ingress and egress over the described private
streets, b) provide that such perpetual easement shall run with the land, c) provide that the
restrictive covenant for maintenance of the private streets cannot be modified and the
homeowners'/property owners' association or other entity cannot be dissolved without the
express consent of the city. The revised preliminary plat should be provided to the City prior to
submittal of a final plat application.
• Plat note #3 of the preliminary plat states, "Lots 99, 117, and 131 Block 1 are private street lots
that will serve as alleys for the purposed [sic] of ingress/egress to adjacent lots. Alleys shall be
owned and maintained by the Estrada Village Community Association and no parking shall be
allowed within alleys."
The alleys will be utilized for accessing the rear loaded garages. Although the alleys will be
owned and maintained by the Estrada Village Community Association the alleys should not be
identified as private streets as noted on the final plat. The applicant should be required to provide
a revised plat with plat note #3 revised to state, "Lots 99, 117, and 131, Block 1, are common
alley lots with a perpetual ingress/egress access easement which runs with the land. Maintenance
of the alleys shall be the responsibility of the Estrada Village Community Association. The
restrictive covenant for maintenance of the alleys cannot be modified and the community
association or other entity associated with the maintenance cannot be dissolved without the
express consent of the City." The revised preliminary plat should be provided prior to submittal
of a final plat application.
• Plat note #4 of the preliminary plat states, "Lots 23, 32, and 63 are shared drives for the purpose
of ingress/egress that shall be owned and maintained by the Estrada Village Community
Association. Shared drives shall have a blanket public utilities, irrigation, and drainage
easement."
The plat note does not identify Lot 69, Block 1, as a shared drive. The number of lots gaining
access from the four (4) shared drive lots vary in number from 2-4 residential lots. Pursuant to
Eagle City Code Section 9-3-2-1(J), driveways providing access to no more than two (2) dwelling
units shall be allowed within any subdivision. The applicant should be required to provide a
revised preliminary plat showing that no more than two (2) dwelling units take access from a
single driveway prior to submittal of a final plat application. If the City Council approves more
than two (2) dwelling units taking access from a single driveway, the applicant should provide a
revised preliminary plat with plat note #4 revised to state, "Lots 23, 32, 63, and 69, Block 1, are
designated as common lots, which a) provide perpetual right of ingress/egress, b) the easement
runs with the land, and c) shall be owned and maintained by the Estrada Village Community
Association. These lots also provide blanket public utility, irrigation and drainage easements."
The revised preliminary plat should be provided prior to submittal of a final plat application.
• Plat note #5 of the preliminary plat states, "A public utilities, irrigation, and drainage (PUID)
easement shall be provided as follows:
A. 12 feet wide adjacent to the subdivision boundary
B. 10 feet wide adjacent to the internal private road at the locations shown hereon
C. 10 feet wide adjacent to the public right-of-way
D. 3 feet adjacent to interior side lot lines
E. 6 feet adjacent to interior rear lot lines
F. 5 feet adjacent to private street (alley) lot lines
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Pursuant to Eagle City Code Section 9-3-6, total easement width shall not be less than twelve feet
(12'), except that lesser easement widths, to coincide with respective setbacks, may be considered
as part of the planned unit development. The applicant is requesting reduced side setback of 3-
feet and a reduced rear setback adjacent to the alley of 5-feet. The requested front and remaining
rear setbacks are at least 12-feet in width. Also, the preliminary plat does not delineate all
easement locations on the common lots. Based on the requested setbacks and the common lots not
delineating all the easement locations the applicant should be required to provide a revised
preliminary plat with plat note #5 revised to state:
A public utilities, irrigation, and drainage (PUID) easement shall be provided as follows:
A. 12 feet wide adjacent to the subdivision boundary
B. 12 feet wide adjacent to the internal private road at the locations shown hereon
C. 12 feet wide adjacent to the public right-of-way
D. 3 feet adjacent to interior side lot lines
E. 6 feet adjacent to interior rear lot lines
F. 5 feet adjacent to private street (alley) lot lines
G. Common Lots 2, 18, 19, 50, 84, 89, 90, 98, 100, 108, 109, 116, 118, 124, 125, 130, 132, 136,
and 140, Block 1, shall have a blanket easement.
The revised preliminary plat should be provided prior to submittal of a final plat application.
• Plat note #7 of the preliminary plat states, "Lot 18 shall contain a blanket public utilities,
irrigation, and drainage easement."
If plat note #5 is revised to include item "G" indicating the referenced common lots shall have a
blanket easement plat note #7 may be deleted. The applicant should be required to provide a
revised preliminary plat with plat note #7 deleted based on plat #5 item "G". If item "G" is not
added to plat note #5 then plat note #7 should remain. The revised preliminary plat should be
provided prior to submittal of a final plat application.
• Page PP2.0 of the preliminary plat identifies two (2) separate areas of the site where existing
volunteer trees are to be removed. The applicant should provide a detailed arborist report and a
tree inventory map identifying all existing trees located on -site. The report should identify, at a
minimum, species, size, and health of the trees. The arborist report and map should be provided
with the submittal of a design review application. The applicant should provide a narrative
indicating how the trees will be incorporated into the design of the subdivision or mitigated prior
to removal of the trees. No trees should be removed from the site prior to city approval of a tree
removal and replacement plan.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on June 3,
2019, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by two (2) individuals who voiced the following concerns:
• The proposed density is too high for the area.
• Private roads should not be permitted.
• The proposed setbacks are too small.
• The applicant is requesting to many waivers from City Code.
• Spartan Street should not be continued as a public street to East Hill Road.
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C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
two (2) individuals (not including the applicant/representative) who indicated the following:
• They support the cul-de-sac at the terminus of the existing East Spartan Street leading into a gated
community.
• The applicant has been very communicative and worked with the adjacent neighbors.
• The proposed private streets and gated community should reduce the vehicle trips through the
existing neighborhood.
D. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning
and Zoning Commission by seven (7) individuals who indicated the following:
• A concern regarding the proposed subdivision being a gated community, however, most of the
individuals did not support East Spartan Street being extended as a public street.
• If East Spartan Street is connected to East Hill Road as a public street some form of a traffic
calming should be incorporated into the street design to slow traffic traveling through the
neighborhood.
• The proposed layout is well designed.
• The development should have detached sidewalks separated by planter strips with trees located
on both sides of the streets or at a minimum a detached sidewalk located on one side of the street.
• They support single -story single-family residential homes.
• The applicant should be required to remove 7-10 residential lots to reduce density, reduce traffic,
and provide more open space.
• The existing trees should be preserved.
• The residential lots located adjacent to the western property line should match the lot lines of the
adjacent properties.
• The density should be reduced, and the setbacks should be increased from what is being
proposed.
• The fencing located adjacent to the western property line may block the existing neighbors' view
of the mountains.
• They are supportive of the proposed home design.
• The applicant should be required to contact the adjacent neighbors to further discuss the proposed
setbacks.
• The private street entry gate should be located to prevent vehicles from collecting on East Hill
Road.
• The landscape buffer berms located adjacent to East Hill Road may affect the visibility of traffic
on the adjacent roadway.The fencing located adjacent to Winding Creek Subdivision should be a
solid vinyl privacy fencing.
• The homes located within the subdivision should be owner occupied.
• The setbacks should not be reduced in size from what is required pursuant to Eagle City Code.
• He proposed 3-foot side setback is not typical in Eagle.
• Pedestrians from adjacent neighborhoods should have the ability to access the sidewalks located
within the development.
COMMISSION DELIBERATION: (Granicus time 2:02:30)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The existing trees should be preserved.
• Traffic is always discussed as being a concern.
• There is a concern regarding the applicant does not currently own the property, however, they further
determined the applicant has the right to submit a development proposal.
• No concerns with private streets.
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• They do not support allowing for full access from the high school through the development.
• The proposed setbacks do not provide sufficient space to park a vehicle between the back of the
sidewalk and the front of the garage.
• One of the Commission members indicated the proposed density is within the parameters allowed
pursuant to the Comprehensive Plan.
• The applicant has not provided compelling evidence to reduce the minimum lot size or required
setbacks as identified within Eagle City Code.
• The overall density of the project should not exceed 4.5-dwelling units/acre.
• The minimum lot size should be no less than 5,000-square feet.
• The development should have separated sidewalks.
COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT
AGREEMENT (DEVELOPMENT AGREEMENT IN LIEU OF A PUD):
The Commission voted 3 to 0 (Guerber and Johnson absent) to recommend denial of RZ-02-19 for a
rezone from A (Agricultural) to MU-DA (Mixed Use with a development agreement [in lieu of a — PUD])
for C17, LLC, as provided within their findings of fact and conclusions of law document, dated June 17,
2019.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Guerber and Johnson absent) to recommend denial of PP-03-19 for a
preliminary plat for Estrada Village Subdivision for C17, LLC, as provided within their findings of fact
and conclusions of law document, dated June 17, 2019.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications came before the Eagle City Council for their consideration on
July 23, 2019, at which time public testimony was taken. The Council directed the applicant to
provide a revised preliminary plat showing no more that two (2) lots taking access from shared
driveways and sidewalks located along at least one (1) side of the street. The Council also directed the
applicant to increase the side setback to be no less than 5-feet, reduce the lot coverage to a maximum
of 50%, and possibly re -locate the entrance connected to East Hill Road. The Council then remanded
the applications to staff. The applications were re -noticed and came before the Council for their
action on June 23, 2020, at which time public testimony was taken and the public hearing was closed.
B. Oral testimony in favor of the applications was presented to the City Council by nine (9) individuals
(not including the applicant/ representative) who indicated the following:
• The demographic of residents the applicant will be marketing to and the style of the community
are needed within the city.
• The development contains well designed common areas which will provide a benefit to the
residents living within the development.
• Based on the subdivision being a gated community, it provides a residential option for senior
citizens who desire to live in downtown Eagle.
• A gated community reduces the amount of traffic traveling through the residential neighborhood.
• The builder has an outstanding reputation of constructing homes in the valley; therefore, the
proposed development will be an asset to the city.
• They support a single-family neighborhood instead of apartments.
• They support the single-family dwellings being restricted to single -story.
• They support the larger rear setbacks and preserving the trees along the western property line.
• The businesses located in proximity to the development will benefit from the residents living
within the development.
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• The proposed gated streets will provide a safer option for the residents within the development as
well as the residents living adjacent to the development due to restricting the amount of traffic
passing through the area.
• The development provides an option for senior citizens who are looking to downsize their living
arrangements.
• The proposed development is located in proximity to downtown and emergency services.
C. Oral testimony in opposition to the applications was presented to the City Council by four (4)
individuals who indicated the following concerns:
• The traffic from the proposed subdivision will further impact the congestion in the area.
• The applicant did not do a traffic study based on the speed limits in the area; therefore, based on
the location of the entrance to East Hill Road, there may be traffic accidents due to speed and site
visibility distance.
• The proposed landscaping at the entrance to the subdivision at East Hill Road may cause site
distance issues.
D. Oral testimony neither in opposition to nor in favor of the applications was presented to the City
Council by four (4) individuals who indicated the following:
• The developer should be required to meet the minimum lot size requirement of 5,000-square feet
for the MU (Mixed Use) zoning designation.
• The subdivision will be a wonderful addition to the city provided the design is in conformance
with the comprehensive plan.
• The developer develops quality developments and will provide a well -designed subdivision
within the city. The proposed development provides larger lot sizes for townhomes and is a great
alternative to multi -family apartments.
• A concern with the speed of traffic in proximity to the curve on East Hill Road. Perhaps a signal
light could be installed to provide better regulation of the traffic.
• Although there will be an increase of traffic on East Spartan Street, the private streets with the
gates will help deter cut -through traffic and will slow down vehicles accessing or exiting the
development.
COUNCIL DECISION REGARDING THE REZONE WITH A DEVELOPMENT AGREEMENT
(DEVELOPMENT AGREEMENT IN LIEU OF A PUD):
The Council voted 3 to 1 (Gold against) to approve RZ-02-19 for a rezone from A (Agricultural) to MU-
DA (Mixed Use with a development agreement [in lieu of a PUD]) (Concept Plan — Exhibit "B") for
C17, LLC, with the following staff recommended conditions of development to be placed within a
development agreement with underline to be added by the Council and text shown with strike through to
be deleted by the Council:
3.1 The residential use shall be a permitted use on the Property. The maximum density for the Property
shall be 4.72-dwelling units per acre (104 44-3-dwelling units).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and fmal plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
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3.3 The Concept Plan (Exhibit C)represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.4 The Setbacks shall be as follows:
Front: 20-feet (garage)
15-feet (living)
Rear: 12-feet (boundary)
20 S-feet (west boundary aile59
Interior Side: 3-feet
Street Side: 15-feet
Maximum Lot Coverage: 50 60%
All homes shall be single-story (25-foot maximum height)
3.5 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide
an operation and maintenance manual including the funding mechanism as an addendum to
the CC&Rs and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified ant that the homeowners association or other entity cannot be
dissolved without the express consent of the city.
(b) An allocation of responsibility for the repair and maintenance of the private streets and
common lots providing ingress/egress, including the repair and replacement of asphalt and
sidewalks, in perpetuity. The owner shall provide an operation and maintenance manual
including the funding mechanism as an addendum to the CC&Rs and the repair and
maintenance requirement shall run with the land and that the requirement cannot be modified
and that the homeowners association or other entity cannot be dissolved without the express
consent of the city.
(c) A requirement for all fencing within the development to be open -style such as wrought iron,
extruded aluminum (looks identical to wrought iron), or three -rail -type wooden decorative
fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be prohibited.
(d) A provision prohibiting -parking and a meehanism for the enforcement of
(e) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
3.6 The single-family dwellings shall be constructed utilizing the architecture style as shown on Exhibit
«D11
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CCR&S. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&R's and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
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K:1Planning Dept\Eagle Applications\SUBS120191Estrada Village Sub ccf.doc
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control Committee.
Building permit applications that do not have an approval letter attached will not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not meet the design requirements as may be
stipulated by the Eagle Design Review Board and Eagle City Council.
3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the all common areas throughout the development, 3) landscape
screening details and buffering for the common lot located adjacent to East Hill Road, 4) elevation
plans for all proposed common area structures and irrigation pump house (if proposed), 5)
landscape screening details of the irrigation pump house (if proposed), and 6) useable amenities
such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities. The design
review application shall be reviewed and approved by the Design Review Board and City Council
prior to the submittal of a final plat application.
3.8 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to
the submittal of a final plat application. Prior to issuance of any building permits, Owner shall
provide proof of central sewer service to the proposed residential and commercial uses. A letter of
approval shall be provided to the City from the Idaho Department of Health and Welfare,
Department of Environmental Quality, and/or Central District Health, prior to issuance of any
building permits.
3.9 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees
located on -site. The report shall identify, at a minimum, species, size, and health of the trees. The
arborist report and map shall be provided with the submittal of a design review application. Owner
shall provide a narrative indicating how the trees will be incorporated into the design of the
subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior
to city approval of a tree removal and replacement plan.
3.10 In conjunction with 3.9 above, all living trees that do not encroach upon the buildable area on any
lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed
landscape plan showing how the trees will be integrated into the open space areas (unless approved
for removal and mitigation by the Design Review Board) shall be provided for Design Review
Board approval prior to the submittal of a final plat application.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 3 to 1 (Gold against) to approve PP-03-19 (Exhibit "A") for a preliminary plat for
Estrada Village Subdivision for C17, LLC, with the following staff recommended site specific conditions
of approval and standard conditions of approval with underline text to be added by the Council and strike
through text to be deleted by the Council:
1. Comply with all conditions within the development agreement for rezone application RZ-02-19 or
any subsequent modifications.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice
by the City, whichever occurs first.
4. Provide a revised prelimina y plat i.' 'l;lf stre
eh c de ache
street. The rev ' of a final plat appl cation.
Page 23 of 32
K:1Planning DeptlEagle Applications\SUBS120191Estrada Village Sub ocfdoc
5. Provide a re,. ised preliminary platchewing-detached-sidewalks looated-en-eaek side e€-the street. The
at shall ✓• provided -prior to submittal of a final Flat application:
6. Provide a revised preliminary plat with plat note #2 revised to a) convey to each lot owner within the
subdivision to be served by the private streets the perpetual right of ingress and egress over the
described private streets, b) provide that such perpetual easement shall run with the land, c) provide
that the restrictive covenant for maintenance of the private streets cannot be modified and the
homeowners'/property owners' association or other entity cannot be dissolved without the express
consent of the city. The revised preliminary plat shall be provided to the City prior to submittal of a
final plat application.
7. Provide a revised plat with plat rot H3 revised to state, "Lots 99, 117, and 131, Block 1, are eommen
alley -lots with a perpetual ingress/egress aeeEcs easeme„t wh:eh runs -with -the land. Maintenance of
the alleys shal a Village Community Association. The -restrictive
covenant for maintenance of the alleys comet be modified —and —the —community acioociotior or other
entity associated-witli-the—tee ence earrr3t be d' ece eonsent of the
The : evis•idr-d prior- to submittal of a final plat a .
8. • plat showing -that -Re -more than two (2)-dwelling-units-taka aeeese from
r to submittal of a final p!at application. If the City s more than
we-(2) dwelling —units —taking —access from a single driveways Tthe applicant shall should provide a
revised preliminary plat with plat note #3 4 revised to state, "Lots 23, 58 32, 63, and 64 69, Block 1,
are designated as common lots, which a) provide perpetual right of ingress/egress, b) the easement
runs with the land, and c) shall be owned and maintained by the Estrada Village Community
Association. These lots also provide blanket public utility, irrigation and drainage easements." The
revised preliminary plat shall be provided prior to submittal of a final plat application.
9. Provide a revised preliminary plat with plat note #4 5 revised to state:
A public utilities, irrigation, and drainage (PUID) easement shall be provided as follows:
A. 12 feet wide adjacent to the subdivision boundary
B. 12 feet wide adjacent to the internal private road at the locations shown hereon
C. 12 feet wide adjacent to the public right-of-way
D. 5 3. feet adjacent to interior side lot lines
E. 6 feet adjacent to interior rear lot lines
•) lot liter
G. Lots-2, 1E, 19, 50, 84, 89, 90, 98, 100, 108, 109, 116, 11 E, 124, 125, 130, 132, 136, and 119;
Block 1, shall have ., blanket easement.
The revised preliminary plat should be provided prior to submittal of a final plat application.
plat "
herein). If item "G" is net —added to plat note ft5 then plat note 1t7 shall remain. The revised
'ttal of
11. Provide a revised preliminary plat with a new plat note which states, "Minimum building setbacks
shall be in accordance with City of Eagle applicable zoning and subdivision regulations or as
specifically approved with the development agreement associated with RZ-02-19 or any subsequent
modifications." The revised preliminary plat shall be provided prior to submittal of a final plat
application.
12. Provide a revised preliminary plat with a new plat which states, "All development within this
subdivision shall be consistent with the Conditions of Development of the development agreement
associated with RZ-02-19 and subsequent modifications." The revised preliminary plat shall be
provided prior to submittal of a final plat application.
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K:IPlanning DeptlEagle Applications\SUBS120I91Estrada Village Sub ccf.doc
13. Provide a revised preliminary plat with a new plat note which states, "Direct lot access to East Hill
Road is prohibited unless approved by the Ada County Highway District and the City of Eagle." The
revised preliminary plat shall be provided prior to submittal of a final plat application.
14. Provide a revised preliminary plat with a new plat note which states, "This subdivision is subject to
covenants, conditions, and restrictions, Instrument No. , and as amended. The
homeowner's association cannot be dissolved without the express consent of the City of Eagle." The
revised preliminary plat shall be provided prior to submittal of a final plat application.
15. Provide a revised preliminary plat with a new plat note which states, "Any re -subdivision of this plat
shall comply with applicable zoning and subdivision regulations in effect at the time of re -
subdivision. The revised preliminary plat shall be provided prior to submittal of a final plat
application.
16. The developer shall provide 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 generally at each side property line, or as approved by the Design Review
Board. The trees -shall be 1 9 foot wideeepe strip
It end the-eurth Any and all drainage swales and/or seepage beds shall be placed so as
to not interfere with the required placement of street trees. 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.
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. Partial reduction of the surety may
be permitted for any portion of the development that is completed, including street trees that have
been installed. On -going surety for street trees for all undeveloped portions of the development will
be required through project completion.
17. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas or private lots (unless approved for removal the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to
protect all trees that are to be preserved, prior to the commencement of any construction on the site.
18. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk
signing the final plat.
19. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7 (J).
20. The Estrada Village Subdivision shall remain under the control of one Homeowners Association.
21. Provide a revised preliminary plat with a new note which states, "The Estrada Village Community
Association shall own and maintain the pressurized irrigation pump and all appurtenances associated
with the pressurized irrigation system." The revised preliminary plat shall be provided prior to the
City Clerk signing the final plat.
22. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity.
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K:1Planning Dept'Eagle Applications\SUBS\20I91Estrada Village Sub cctdoc
23. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of a final plat application.
24. Provide a revised preliminary plat showing a public pathway easement located alone the New Dry
Creek Ditch as identified in the Trails and Pathways Superintendent's email. dated February 13.2019.
The revised preliminary plat shall be provided prior to submittal of a final plat application.
25. Provide a revised preliminary plat showing a public pathway easement through Lot 50. Block 1. from
East Amanita Lane (pvt) to the northern property line. The revised preliminary plat shall be provided
prior to submittal of a final plat application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-02-19) with
regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon
the information provided concludes that the proposed rezone upon annexation is in accordance with
the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The zoning designation of MU-DA (Mixed Use with a development agreement [in lieu of a
PUD]) is consistent with the Downtown designation 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 indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning
district is compatible with the R-4 (Residential) zone and land use to the north since the area is
developed with two (2) residential subdivisions (Eagle Hills West and Eagle Rim Estates) and a
golf course (Eagle Hills Golf Course);
d. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning
district is compatible with the MU-P (Mixed Use — PUD), MU-DA (Mixed Use with a
development agreement [in lieu of a PUD]), and PS (Public/Semi-Public) zones and land uses to
the south since that area has been developed with two (2) subdivisions (Winding Creek and
Crestpoint Place) a multi -family development (Sooner Condominiums) and Academy School;
e. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning
district is compatible with the A-R (Agricultural -Residential) and R-1 (Residential) zones and
land use to the east since that area contains a single-family home and may be developed with a
density similar to the proposed development;
f. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning
district is compatible with the R-4 (Residential) zone and land use to the west since the property
is developed with a residential subdivision (Larue Acres) and the applicant is required to provide
lots which transition to the adjacent property;
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.
g•
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K:1Planning Dept\Eagle Applications\SCBS120191Estrada Village Sub ccf.doc
2. The Council reviewed the particular facts and circumstances of this proposed development agreement
in lieu of a PUD, 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:
a. What is the proposed time schedule for the development of the site? Provide details regarding
phasing if proposed.
The development is proposed to be constructed in two (2) separate phases with the first phase
proposed to begin in the spring of 2021. The vertical construction of homes is proposed to begin
in the fall of 2021, or spring of 2022. Depending on the market, the second phase of the
development may be constructed in the fall of 2022 or spring of 2023.
b. Provide documentation to show that you will have sufficient control over the land, and the
financial means, to initiate the proposed development plan within one year after City Council
approval.
The property is owned by C17, LLC, and the development will be initiated within a year
following City Council approval.
c. Explain why, in your opinion, this proposed PUD would be 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.
The intent of the Estrada Village Subdivision is to provide a residential project with a unique
product, which is a goal of the City of Eagle PUD code. The development will provide homes in
close proximity to the downtown core allowing for businesses in the area to thrive;
d. How will 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 will such use not change the essential character of the same area.
The development will be harmonious and appropriate in appearance with existing development
located within the area since the area to the south is currently developed with a school and
residential uses with a mix of densities. The developed is bordered on the north by the Dry Creek
Canal and a residential subdivision which is located on a hill above the proposed development.
The applicant will be required to provide a landscape buffer along East Hill Road located to the
south. The homes will be restricted to a single -story in height.
e. Explain why this development will not be hazardous or disturbing to existing or future
neighborhood uses.
The development is planned to consist of residential uses only, it is not anticipated that any uses
or activities will be detrimental to existing neighborhoods.
f. Will this development 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? Explain.
The development is planned to consist of residential uses only, it is not anticipated that any uses
or activities will be detrimental to the surrounding properties upon completion of the site work.
The development will be served by a network of private streets providing for neighborhood
connectivity. Upon completion of the development conditions will be consistent with those
associated with a single-family residential development.
How will this development be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
g•
Page 27 of 32
K:1Planning DepAEagle Applications\SUBS120I91Esuada Village Sub ccf.doc
All central services are either available to the site or will be as conditioned herein, 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
tax revenue generated from the homeowners within the subdivision will offset additional costs to
public services that will serve this development. ACHD, Eagle Fire, and Eagle Sewer District,
have reviewed the proposed development and indicate that capacity exists to adequately serve this
development.
h. Explain why this development will not create excessive additional requirements at public cost for
public facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time
of installation and before acceptance by the sewer, water company, or highway district. Because
the developer provides the services in the initial stages of development the public service
providers avoid potential liability and expenses.
Discuss proposed infrastructure, parks, ponds, open areas, areas of special interest, floodplain and
any other special features in the proposed development.
The development plan was designed with consideration given to usable open space and providing
a residential product that is unique to Eagle. The site contains two (2) large common lots with a
picnic shelter, patio area, gas fire pit, seating/gathering areas, and pathways which will provide an
area for the residents of the development to recreate.
Are the vehicular approaches to the property designed to not create an interference with traffic on
surrounding public thoroughfares? If so explain.
Access to the development is provided via two (2) public streets (East Hill Road [collector] and
East Spartan Street). The main entry approach on East Hill Road was designed and constructed by
ACHD and meets all traffic and design criteria.
k. Explain why the development will not result in the destruction, loss, or damage of a natural,
scenic or historic feature of major importance.
There are existing mature trees located within the site that will be retained or mitigated for within
the site.
1. How will the proposed development be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development is in accordance with the Comprehensive Plan since the plan calls for
Mixed Use for the overall development with a density for the overall development of 4-8 units
per acre. The proposed development is 4.72-dwelling units/acre.
m. How will the proposed development be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This applicant requested approval for a development agreement as outlined in Eagle City Code
and satisfies those requirements as well as will be required to meet the conditions herein. In
addition, the applicant will be required to submit an application for design review and comply
with all Eagle City Code and conditions of approval of the design review. The proposed
development will include single-family residential homes as proposed.
n. Describe what deviations from standard district regulations are proposed, and explain how the
benefits, combination of various land uses, and interrelationship with the surrounding area for this
proposed development justifies the deviation from the standard district regulations.
Page 28 of 32
K:1Planning Dept\Eaglc Applicatians\SUBS120191Estrada Village Sub ccf.doc
Single-family residential homes are the only use approved for this development. The proposed
development is designed to be in conformance with Eagle City Code Section 8-6-1(C), Planned
Unit Development Objectives stated therein.
In case of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
o. Identify all public services that would 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.
P•
q•
Fire
The project is located within the Eagle Fire District and the District has reviewed and approved
the plan.
Police
The project will be served by the Eagle Police Department.
Water
The project is located within the Eagle Water Company's certificated water service area.
Sewer
The project is annexed into the Eagle Sewer District and will be designed and constructed to
comply with the requirements of the Eagle Sewer District.
Road Construction
The construction of all interior private streets will be completed by the developer.
Maintenance
The maintenance of any private open space areas, private streets, and private driveways will be
regulated by the Homeowner's Association. The public roads adjacent to the site will be
maintained by ACHD. The sewer and water systems will be publicly owned and maintained once
installed.
Schools
The subdivision is located within the West Ada School District boundaries.
Provide an estimate of the public service costs to provide adequate service to the development.
The water, sewer, and roadways will be constructed and funded by the developer. The public
services must be approved at the time of installation and before acceptance by the respective
agencies. Because the developer provides the services in the initial stages of development the
public service providers avoid potential liability and expenses. The revenue generated from fees
and taxes will cover the additional operation and maintenance of the infrastructure necessary to
serve this property once developed.
Provide an estimate of the tax revenue that will be generated from the development.
The estimated tax revenue generated from the development is approximately $549,432.00/year
(without Homeowner's Exemption).
r. Provide 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.
Page 29 of 32
K:1Planning Dept\Eagle Applications\SUBS120191Estrada Village Sub ccf.doc
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. Because the developer provides the services in the initial stages
of the development the public service providers avoid potential liability and expenses.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-03-
19) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document and the proposed residential use is in
accordance with the residential land use designation of this area shown within the
Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such police and fire
protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide
adequately any such services, as noted in the documentation provided from said agencies and as
required as a part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle Fire District,
Eagle Sewer District, and Ada County Highway District as conditioned herein, there is adequate
public financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Council's attention
have been adequately addressed by the applicant or will be conditions of approval as set forth
within the conditions of approval herein.
4. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the
Council has determined that:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that the private street
will serve to enhance the overall development. The following reasons support the above noted
finding:
The use of private gated streets will allow for the creation of a community that is directed at
people 55 years of age or over. There are individuals in this age range who prefer the protection
and security that a gated community offers. The pedestrian access will not be gated and will allow
the public to walk or bicycle through the development to access East Hill Road or East Spartan
Street;
2. The private street within the subdivision will provide safe and effective movement of both
vehicular and pedestrian traffic because of the following:
The roadways are designed to a width equivalent to public street standards to allow for safe and
effective vehicle travel. On street parking is provided, typical of low volume traffic streets, with
attached and detached sidewalks located on one (1) side of street for ease of pedestrian traffic
flow. Also, pedestrians will have ungated access through the neighborhood;
3. The private street provides adequate access for service and emergency vehicles:
The private streets are designed to meet the fire department emergency service vehicular
dimensional standards which require higher standards than other emergency vehicles. The entry
gates will be designed with an Eagle Fire Department approved emergency responder access
system such as Opticon or similar system. The proposed internal circulation of the private street
network will adequately serve non -emergency service vehicles. The public cul-de-sac (to be
Page 30 of 32
K:1Planning Dcpt\Eaglc Applications\SUBS120191Estrada Village Sub ccf.doc
constructed) located at the east terminus of East Spartan Street will adequately serve as a
turnaround for vehicular traffic that is not entering the Estrada neighborhood through the
vehicular access gate;
4. The private streets within the subdivision do not adversely affect access to adjacent properties:
The access to the adjacent properties will not be affected since they currently have access to
public streets which are connected to North Palmetto Avenue which provides access to West
State Street. The private streets will also deter cut through traffic from East Hill Road through a
quiet residential neighborhood;
5. The private streets will not landlock adjacent property due to topography or parcel layout:
The private streets within the Estrada neighborhood will not landlock any other properties since
the adjacent properties are fronted by public streets. The Estrada neighborhood is bordered by
Larue Acres Subdivision to the west, the Dry Creek Canal to the north, Winding Creek
Subdivision and East Hill Road to the south and a 3.29-acre parcel to the east that has access from
both East Hill Road and Edgewood Lane;
6. Other than to provide emergency access, the private streets do not connect one public street to
another, thereby encouraging travel through the development served by the private street;
provided, however, that in order to provide secondary access, a private street may have more than
one connection to a public street and/or may be connected to more than one public street if access
thereto is controlled by automatic gates or other control devices approved by the Council:
Since the Estrada neighborhood will be gated at its main entry from East Hill Road and its
secondary connection to East Spartan Street it will not encourage traffic to cut through the
neighborhood. The automatic gates will have control devices which will need to be approved by
the Eagle Fire Department prior to installation of the control devices;
7. The use or alignment of the private street within the subdivision do not interfere with the
continuity of public streets:
ACHD indicated that there is not a traffic related need to connect East Spartan Street to East Hill
Road. The private streets connection will still provide for emergency and pedestrian traffic to
move through the development. The adjacent subdivision (Larue Acres) has adequate access to
East State Street from North Palmetto Avenue; and
8. An appropriate mechanism will be established for the repair and maintenance of the private street,
including provisions for the funding thereof:
The applicant is required to provide an operation and maintenance manual (inclusive of a
financial requirement) to maintain the private streets in perpetuity. The operation and
maintenance manual will be reviewed by the City Engineer and City Attorney prior to City Clerk
signing the final plat. The operation and maintenance manual will be an exhibit to the CC&Rs
and cannot be modified without the express written consent of the City. to within the required
CC&Rs for the subdivision and with any necessary notes to be provided on the final plat, all to be
reviewed by the City Engineer and City Attorney or prior to the issuance of building permits,
whichever occurs first.
Page 31 of 32
K:1Planning Dept\Eaglc Applications\SUBS\2019\Estrada Village Sub ccf.doc
DATED this 28th day of July, 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Co
Pierce, Mayor
A ► EST:
haron K. gmann, Eagle City
••A .' pRATE'•••
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Page 32 of 32
K \Planning Dept\Eagle Applications\SUBS12019\Estrada Village Sub ccf.doc
CITY OF EAGLE
JAN 28 2020
PRELIMINARY PLAT FOR
ESTRADA VILLAGE SUBDIVISION
LOCATED IN THE N 1 /2 OF THESE 1 /4 OF SECTION 9
*0 TOWNSHIP 4 NORTH, RANGE 1 EAST. B.M.
CITY OF EAGLE, ADA COUNTY, IDAHO
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4I24 M. FAO. Atilt
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(s00j SWIM
want cvmt
Set 'are 2S3.0a•
~ � S8851.22-E
ri 1114
N sertie zs� 9.39.GO
MO aml
IIDnc 1
SUM. 40040 V
P11/1c/P1riaT2 11011-0/-SAY
POPO COMM
14100310LOT U0
P10 9200R 3*
PION= !MSC UK
LOT .001
KOOK KOKO
CIVIL ENGINEER SURVEYOR
00Nt 01NwL PC0
CAR SRL 111011113 0i0
OOP M. OOI4N0 =CV
I01u o 10702
otto own.
OIL Nana. ha
111/100 IMO. .
UN 0 IMPOIST01 KIL
C10t2T, 0 01017
DO) UNDID
CURVE TABLE
cum 14 I I I 10L7T I 7100'7e. 0.100 114 70
V CU 03 L7TATi2 usAvaioN
III
I 111 �
10, 117
114 ® III 121 ®�E
110 SI
VI 122
I11 = III IIy I � 120
_
112 J I J
'If7AITAN IAilI OV71 — �
64
77 76 71 7• 71 72 71 70 p p 07
S 1111 Is 61
•
41
62
IS
Ne, 5217'II MOW— —
I14l Id6D sum.*
NOT41'21-TI32e.99
File.
Route to:
VICINITY MAP
1,1000.
LOT SUMMARY
wow ARIA (AC)
940E /Ally 0CD000A1 104 ui0
CC.. 0A107CM0 LOIS 14 4.24
CONON MCI 7 030
PNwA =UT UN 1 171
KIITX 10017-0407 N/A 0.20
TOTAL 122 22.01
sat DATA
. 40071 7M.. /10001417210
I CAOrA_A21A7 ACM
CLOCK UM UST ZOO A 0000121N2)
000120utiolac20txNuPs=Os4
stem t01i002
►NWT 217.1 Di VW
,g
SISCR ICC MIA= w 11n 1S as
VC moot 7.2 RIT S FCC
1010 101001 SO FICI u PCCT
2R2T
2022.1.0.12210
A ITA. LOT SC2
f6LOYds. 00B7n pas*
MOLL 001 VI.
4.w9
Ulf V
4.72 MAC
411A00010)
c 2177, p tip. 10{071111K MI C�0101�ON m tK001tDiwQ A
1 LOT 1 R901 1 0 A !Mall .0 m UM Al 010 /�6'j m K
0CD NO 14100A1t0 ST DC 1s000A MULE C010.�f A73COT OLL
LOT 1 .0 1 7). Atp 000.0 A 01A1012 MOOR 101 DC
WM OF CA. WA COO. MO 010110101 OVACT.
1 .1. U. ONO 0 A1I RL 1 03 00�0 /00 11+TK OM07 OF
01W011/IWW .1 OC MO A10 0RAam M St ISM.
101ACI 000N10N AIS0001il »MO 0010 HNC A ROMRMC 1012117. M..M.. NO COO. 0601D01.0.
4. iP1J00 NUJ.RCA7aLOCADit MO 01110NOI OW Mid. K
PM AS FOAM
A 12 RV 1MI ADNCOO m Dt 11.110002311 Ia4a1T
0 PUT mg
1000MOOG O�IAO Kim
DC 00Ci10, M. arm Al
C. m P1t7 212C AOOCOC 10 DC PLO. 0C0-0►-Ov
0. S MO 10/0000 w MONK EON; 101 Lao
11RII N.= m MOM KO LOT 1243
2. CCU
17 NO A war wawa fW Dt MOD
l LOT 1194141. COAI O= I1O 0404011XA01W1A10
CANN. L'At0107 N1
.
PR
E
48241
ea
ESTRADA VILLAGE SUBDIVISION
W. HILL ROAD, EAGLE, ID
PRELIMINARY PLAT
010.20112 002 OINK.
PP1.0