Findings - PZ - 2015 - RZ-12-06 MOD/CU-10-15/PPUD-04-15/PP-10-15 - Eaglefield Commons Pud/22-Lot/8.93 AcreBEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A DEVELOPMENT AGREEMENT MODIFICATION, }
CONDITIONAL USE PERMIT, PRELIMINARY )
DEVELOPMENT PLAN, AND PRELIMINARY )
PLAT FOR EAGLEFIELD COMMONS PLANNED )
UNIT DEVELOPMENT FOR THE PRESERVE, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ -12 -06 MOD /CU- 10- 151PPUD- 04- 15/PP -10 -15
The above - entitled development agreement modification, conditional use permit, preliminary development
plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their
recommendation on August 31, 2015. The Commission, having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
The Preserve, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting
development agreement modification, conditional use permit, preliminary development plan, and
preliminary plat approvals for Eaglefield Commons Planned Unit Development, a 22 -lot (16-
single- family residential, 3- multi- family residential, and 3- common) residential planned unit
development. The 8.93 -acre site is located on the north and south side of W. Escalante Drive
approximately 960 -Feet north of the intersection of N. Linder Road and State Highway 44.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) located at 660 East Civic
Lane, Eagle, at 6:00 PM, Wednesday, June 3, 2015, in compliance with the application submittal
requirement of Eagle City Code. The application for this item was received by the City of Eagle on
July 1, 2015.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on August 10, 2015. Notice of this public hearing was mailed to property owners
within three - hundred feet (300 -feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on August 6, 2015. The site was posted in
accordance with the Eagle City Code on August 21, 2015. Requests for agencies' reviews were
transmitted on July 15, 2015, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF PREVIOUS ACTIONS:
On July 5, 2006, the City Council approved an annexation, rezone with a development agreement,
conditional use, preliminary development plan, preliminary plat approvals for Eaglefield Estates I1
Subdivision planned unit development (A- 10- 06/RZ -12 -06 ICU -04- 061PPUD- 02- 06/PP- 12 -06).
On June 10, 2008, the City Council approved a preliminary plat extension of time for Eaglefield
Estates II Subdivision to be valid until August 26, 2009 (EXT- 06 -08).
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On August 25, 2009, Eaglefield, LLC, represented by Clint Boyle with Landmark Engineering and
Planning, submitted an Extension of Time application for Eaglefield Estates H Subdivisions (EXT-
13-09).
On October 27, 2009, the City Council remanded the Extension of Time application for Eaglefield
Estates II Subdivisions to staff (EXT- 13 -09).
The approval of the preliminary plat for Eaglefield Estates H Subdivision expired on August 25,
2009.
The development agreement associated with the rezone for the Eaglefield Estates 11 Planned Unit
Development expired on August 21, 2014 (RZ- 12 -06).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA or
DSDA.
H. SITE DATA:
Total Acreage of Site — 8.93 -acres
Total Number of Lots — 22
Residential — 19
Commercial — 0
Industrial — 0
Common — 3
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Transitional Residential
R4-DA -P (Residential with a
Vacant/West Escalante
development agreement-
Drive
PUD)
MU -DA -P (Mixed use with a
development agreement -
PUD)
Proposed
No Change
No Change
Single- Family and Multi -
Family Residential
North of site
Residential Two
RUT (Rural -Urban Transition
Single - Family Residence
— Ada County Designation)
South of site
High Density Residential
RUT (Rural -Urban Transition
Hope Lutheran Church
— Ada County Designation)
East of site
Commercial and
C -1 -DA (Neighborhood
Vacant Commercial
Residential Three
Business District with a
Property and Single - Family
development agreement)
Residential (Sedona Creek
R -2 -DA (Residential with a
Subdivision)
development agreement)
West of site
Transitional Residential
R4-DA -P (Residential with a
Single - Family Residential
development agreement-
( Eaglefield Estates No. 1)
PUD)
G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA or
DSDA.
H. SITE DATA:
Total Acreage of Site — 8.93 -acres
Total Number of Lots — 22
Residential — 19
Commercial — 0
Industrial — 0
Common — 3
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Total Number of Units -
Single - family - 16
Duplex — 0
Multi- family — 3
Total Acreage of Any Out - Parcels — none
ADDITIONAL SITE DATA
PROPOSED
REQUIRED
Dwelling Units Per Gross Acre
2.83 -units per acre
6.00 -units per acre maximum*
Minimum Lot Size
5,500- square feet
8,000 - square feet
Minimum Lot Width
55 -Feet
70 -feet (R-4 zone)
50 -feet (MU zone)
Minimum Street Frontage
46 -Feet
35 -feet
Total Acreage of Common Area
1.80 -acres
1.79 -acres (minimum)
Percent of Site as Common Area
20.2%
20% (minimum)
* Based on the staff recommended maximum density to be placed in the development agreement.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat, date stamped by the City on July 1, 2015, shows a 50 -foot wide common lot
located adjacent to North Linder Road (principal arterial) for the construction of the required
landscaped buffer area. Pursuant to Eagle City Code Section 8- 2A- 7(J)(4)(c) a 75 -foot wide
landscape strip is required adjacent to principal arterials to protect residential communities from
noisy, potentially dangerous, high speed roads.
The preliminary plat shows a 25 -foot wide common lot located adjacent to the north side of West
Escalante Drive (collector) associated with the landscaping currently located on the site. The
preliminary plat shows a 25 -foot wide homeowners association landscape buffer easement located
on the south side of West Escalante Drive (collector). Pursuant to Eagle City Code Section 8 -2A-
7(J)(4)(a) a 35 -foot wide landscape strip is required adjacent to collectors to protect residential
communities from noisy, potentially dangerous, high speed roads.
Open Space:
A total of 1.58 -acres (20.2% of the total residential area of the subdivision) is proposed within the
residential area of the subdivision. The open space consists of collector buffers, waterfalls, open
play areas and ponds.
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.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9 -3 -6 requires utility easements to be not less than 12 feet wide, except
that lesser easement widths, to coincide with respective setbacks, may be considered as part of a
planned unit development.
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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. There was a residential dwelling and several accessory
structures that were previously removed from the site. The residential dwelling was served by a
septic system and it is unknown if the septic system was properly abandoned. The applicant should
provide documentation that the septic system was abandoned in accordance with the requirements
of the Central District Health Department.
Preservation of Existing Natural Features:
The existing natural features on the site consist of landscaping located adjacent to West Escalante
Drive (collector) and North Linder Road (principal arterial). The site also contains a pond located
in proximity to the southwest corner of West Escalante Drive and North Linder Road.
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.
STREET DESIGN:
The preliminary plat, date stamped by the City on July 1, 2015, shows two (2) typical street
sections for the streets located within the subdivision. The typical street section shown for North
Tybee Way shows a 60 -foot wide ri ght -of -way section with a 33 -foot wide travelway (measured
from back of curb to back of curb). The right -of -way is also inclusive of eight -foot (8') wide
planter strips and five -foot (5') wide detached sidewalks located on each side of the street. The
street section shows rolled curb and gutter located on the east side of the street.
The typical street section shown for West Brunmier Drive shows a 50 -foot wide right -of -way
section with a 29 -foot travelway (measured from back of curb to edge of pavement). The right -of-
way is inclusive of a six foot (6') wide planter strip and detached five foot (5') wide sidewalks
located adjacent to both sides of the street. The street section shows rolled curb and gutter located
on the east side of the street.
Blocks Less Than 500% None
Cul -de -sac Design:
No cuI -de -sacs are proposed
Sidewalks:
A detached five -foot (5') wide concrete sidewalk is proposed abutting both sides of all interior
roadways, including West Escalante Drive. The sidewalk is separated from the adjacent curbs by
an eight (8') foot wide minimum planting strip.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the City Engineer signing the final plat.
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Street Names:
Street name approval by the Ada County Street Names Committee has not been received to date.
Approval from that committee is required prior to final plat approval.
K. ON AND OFF -SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian walkways are provided through the detached sidewalk system.
Bike Paths:
Eagle City Code section 94-1 -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.
L. PUBLIC USES PROPOSED: None proposed
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern .- None
Evidence of Erosion - No
Fish Habitat - No
Floodplain - No
Mature Trees - Yes - located adjacent to West Escalante Drive and North Linder Road
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek -- No
Unique Animal Life - Unknown
Unique Plant Life - Unknown
Unstable Soils - Unknown
Wildlife Habitat - Yes - existing ponds (no changes are proposed to the existing ponds)
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the Engineer's letters dated July 24, 2015, are of special
concern (attached to the staff report).
Ada County Highway District
Eagle Fire Department
Idaho Transportation Department
Republic Services
Settlers Irrigation District
Tesoro Logistics NW Pipeline
Q. LETTERS FROM THE PUBLIC: None received to date.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant has not provided a proposed time schedule for the completion of the development.
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S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and /or other special features which would not typically be provided in
a non -PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
Following:
Transitional Residential
Residential development that provides for a transition of density within the planning area while
keeping in context the density, scaling and lot sizes of existing or proposed uses. Commonly requires
changes in lot dimensions and scaling, see specific planning area text for a complete description.
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6.8.1 Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community commercial,
professional office, and a variety of residential densities. The vision for the area is to recognize the
activity center created by Eagle High School and existing development approved by Ada County and
to provide compatible land uses at densities that accommodate pedestrian scale design and future mass
transit.
A. Uses
The land use and development policies specific to the Park Lane Planning Area include the
following:
7. The area located west of Linder Road and State Street shall provide for high density residential
including apartments, town homes and patio homes, and transitioning northward to 1 -2 units
per acre. Internal circulation is essential to the development of this area; a roadway (not State
Street) with berming and wide setbacks to be used to buffer any residential use from the
regional transportation network.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Eagle City Code, Section 8 -2 -1: Districts Established:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre. Multi-
family and two - family units /developments are prohibited in R -1, R -2, R -3, R4 and R -5 zoning
districts, unless approved as part of a planned unit development (PUD). Centralized water and
sewer facilities are required for all subdivision and lot split applications submitted after the
effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R -E). Whenever
there is a conflict or difference between the provisions of this section and those of other chapters
and/or other titles, the chapter or title with the more restrictive provision shall prevail.
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 twenty (20)
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.
P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation noted
on the official zoning map of the city (i.e., 114-P), indicates that the development was approved by
the city as a planned unit development. Density transfers may have been permitted as a part of the
overall development.
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DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted
on the official zoning map of the city (i.e., C- 2 -DA), indicates that the zoning was approved by the
city with a development agreement. Specific provisions, as may have been incorporated within the
development agreement, are applicable to development within this zoning designation.
* Eagle City Code Section 8 -2-4: Schedule of Building Height and Lot Area Requirements:
Zoning
Maximum
Front
Rear
Interior
Street
Maximum
Minimum Lot
Minimum
District
Height
Side
Side
Lot Covered
Area (Acres Or
Lot
Sq. Ft.) G And
Width I*
H*
R4
35'
20'
g]
20'
18,000
70'
MU
35
20'
20'
7.5'
20'
S0°Io
5,000
50'
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
• Eagle City Code Section 8- 2A -7(J): Buffer Areas /Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically
separate and visually screen adjacent land uses which are not fully compatible due to differing
facilities, activities, or different intensities of use, such as townhouses and a convenience store,
or a high volume roadway and residential dwellings.
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi - family developments, shall be buffered from streets classified as collectors, arterials,
freeways, or expressways, to protect residential communities from noisy, potentially
dangerous, high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area open space owned and maintained
by a homeowners' association. Any landscaping proposed to be within the public right of way
shall not be included as a part of the buffer area required below. The height for
berming/fencing, as noted below, shall be measured from the elevation of the final grade of the
adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The
required buffer area width, plantings, and fencing are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet QN) wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (5070) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (l') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
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c. Any road designated as a principal arterial on the transportation and pathway network plan
in the Eagle comprehensive plan:
A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: six
(6) shade trees, ten (10) evergreen trees, four (4) floweringtornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/omamental trees, provided that not more than fifty percent (50 %) of the shade
trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided,
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
• Eagle City Code Section 8- 2A -7(0): Alternative Methods of Compliance:
Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance is
a procedure that allows certain modifications to existing regulations within this section.
Requests for use of alternative landscaping schemes are justified only when one or more
of the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than can
be provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city with
a written request if an alternative method of compliance is proposed. The request shall
state which requirement as set forth within this section is to be modified, what project
conditions stated within subsection Ol of this section justify using the proposed
alternative, and how the proposed alternative equals or exceeds said requirement.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9 -3 -6: Easements:
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
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• Eagle City Code Section 9 -3 -10: Fences:
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 subsection 8 -2A -7J of this code. Chainlink, cedar, and similar high maintenance and /or
unsightly fencing shall not be permitted within the above designated areas. A section within the
subdivision CC &Rs shall be created for the regulation of fences to this effect.
• Eagle City Code Section 94-1 -2: Street and Alleys:
F. Sidewalk Design:
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.
Eagle City Code Section 9- 4 -1 -5: Streetlights:
All subdividers within the city limits and within the area of city impact shall be required to install,
at the subdividers' expense, streetlights in accordance with city specifications and standards at
locations designated by the "administrator" (as defined by section 9 -1 -6 of this title, or his/her
representative, hereinafter referred to as "administrator "). After installation and acceptance by the
administrator, the city shall have the right to pay the cost of maintenance and power and assume
ownership of the streetlights.
Eagle City Code Section 9-4-1-11: Fire Hydrants and Water Mains:
Adequate fire protection shall be required in accordance with the appropriate fire district
standards.
• Eagle City Code Section 9- 4 -1 -12: Landscape Buffer Areas.
Landscape buffer areas, in accordance with section 8 -2A -7 of this code, shall be required for the
protection of residential properties from streets classified as collectors, arterials,
freeways /expressways, waterways, railroad rights of way or other features. Subdivision plats shall
show the location of all buffer areas.
• Eagle City Code Section 9 -5-4: Planned Unit Development Subdivisions:
A planned unit development is a mechanism by which the city may permit a variety in type,
design, and arrangement of structures; and enable the coordination of project characteristics with
features of a particular site in a manner consistent with the public health, safety and welfare. A
planned unit development allows for innovations and special features in site development,
including the location of structures, conservation of natural land features, conservation of energy
and efficient utilization of open space. Large scale developments as defined herein shall be
submitted as planned unit developments.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
0 See Staff Recommendation for Development Agreement Modification (within the staff report).
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E. DISCUSSION:
The Eagle Comprehensive Plan designates the property as Transitional Residential. The property is
currently zoned R4-DA -P (Residential with a development agreement — PUD) north of West
Escalante Drive and MU -DA -P (Mixed Use with a development agreement — PUD) south of West
Escalante Drive. The site was previously approved for an annexation, rezone with development
agreement, planned unit development, and preliminary plat for Eaglefield Estates II Subdivision.
Eaglefield Estates II Subdivision consisted of 34 -lots (19- single - family, 5- four -plex, and 10-
common). The development agreement and preliminary plat subsequently expired. The applicant
has submitted a development agreement modification, conditional use permit, preliminary
development plan, and preliminary plat applications for a planned unit development for Eaglefield
Commons Subdivision. The applicant is requesting a planned unit development to request
deviations from the standard minimums within the code in regard to setbacks, lot size, lot width,
and reduction of the landscape buffer widths located adjacent to North Linder Road and West
Escalante Drive.
The preliminary plat, date stamped by the City on July 1, 2015, shows several lots below 8,000 -
square feet in size (minimum lot size). The applicant has requested reduced setbacks from what is
required pursuant to Eagle City Code Section 8 -2 -3 for the R4 (Residential) zoning district. The
applicant is requesting the rear yard setback to be reduced from twenty -five feet (25') to twenty
feet (20') and the side yard setback reduced from seven and one -half feet (71 /z') to five feet (5') for
the R- 4 -DA -P (Residential with a development agreement — PUD) area and the side yard setback
reduced from seven and one -half feet (71/2') to five feet (5') for the MU -DA -P (Mixed Use with a
development agreement — PUD) area. The applicant requested setbacks are as follows:
R-4DA -P
Front
20 -feet
Rear
20 -feet
Interior Side
5 -feet
Street Side
20 -feet
Maximum Coverage
40%
M U -DA -P
Front
20 -feet
Rear
20 -feet
Interior Side
5 -feet
Street Side
20 -feet
Maximum Coverage
5070
The side yard setback for lots of similar size located within the existing Eaglefield Estates
Subdivision is five feet (5') for single story plus an additional two and one -half feet (2' /x') for a
total of seven and one -half feet (7'/z') for two -story structures. Also, the applicant is proposing that
the three (3) lots located south of West Escalante Drive, currently zoned MU -DA -P (Mixed Use
with a development agreement — PUD), be permitted to allow for multi - family residential units.
The applicant is requesting a reduced side yard setback for this area, however, the applicant does
not address minimum building separation. It should be noted that more than one (1) structure may
be constructed on each of these lots, therefore, a minimum building separation should be required.
It is staff's opinion that based on the size of the lots located within the area currently zoned R-4-
DA-P (Residential with a development agreement — PUD) and the possibility of more than one (1)
residential structure may be constructed on each of the lots located within the area currently zoned
MU -DA -P (Mixed Use with a development agreement — PUD) the following setbacks and
maximum coverage for this development should be required:
Page 1 l of 24
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R -4DA -P
Front
Rear
Interior Side
Street Side
Maximum Coverage
MU -DA -P
20 -feet
20 -feet
5 -feet (first story) /71/2 -feet (second story)
20 -feet
40 %
Front 20 -feet
Rear 20 -feet
Interior Side 5 -feet (first story) /10 -feet (second story)
Street Side 20 -feet
Minimum Building Separation 20 -feet
Maximum Coverage 50%
The setbacks should not be shown on the final plat so that in the event the setbacks need to be
modified in the future the applicant will only be required to modify the planned unit development
application and not be required to vacate or modify a plat note.
The preliminary plat, date stamped by the City on July 1, 2015, delineates and references several
"6' PUID easement on each side of common lot line per Irish Acres plat to be relinquished." The
preliminary plat also delineates and references a "50' Drainage District No. 2 easement per Irish
Acres plat to be relinquished." The applicant should be required to vacate the existing PUID
(public utility, irrigation, and drainage) easements associated with Irish Acres Subdivision and
vacate the Drainage District No. 2 drainage easement prior to submittal of a final plat application.
The site contains an improved driveway (approximately twenty -five feet (25') in width) providing
access south from West Escalante Drive to the Hope Lutheran Church property located on the
adjacent property south of the proposed development. The preliminary plat, date stamped by the
City on July 1, 2015, references an existing access easement, however, it does not identify if there
is an instrument number associated with the access easement. The preliminary plat also identifies
sewer and water lines located within the existing easement area. The applicant should provide a
recorded access easement agreement for the improved driveway providing access from West
Escalante Drive to the Hope Lutheran Church property. The Ada County instrument number
associated with the recorded access easement should be referenced on the final plat prior to the
City Clerk signing the final plat.
The subject property is bordered on the east by North Linder Road (principal arterial) and has
West Escalante Drive (collector) dividing the property in half. Pursuant to Eagle City Code
Section 8- 2A- 7(J)(4) landscaped buffer areas are required to be located adjacent to collectors and
arterials. Pursuant to Eagle City Code Section 8- 2A- 7(J)(4)(a and c) a minimum thirty -five (35')
wide buffer area (not including right -of -way) is required adjacent to a collector and seventy -five
foot (75') wide buffer area (not including right -of -way) is required adjacent to a principal arterial.
The buffer areas are to include a minimum five -foot (5') high berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof is
required adjacent to collectors. The required buffer area is to be located within a common lot.
During the development of Eaglefield Estates Subdivision (also known as The Preserve
Subdivision) landscaped buffer areas were constructed adjacent to West Escalante Drive and a
portion of North Linder Road. The preliminary plat, date stamped by the City on July 1, 2015,
shows a twenty -five foot (25') wide common lot located adjacent to the north side of West
Escalante Drive and a twenty -five foot (25') wide homeowner's association landscape buffer
easement located adjacent to the south side of West Escalante Drive. The preliminary plat also
shows a common lot located adjacent to North Linder Road that contains the existing pond and
Page 12 of 24
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landscaping located at the southwest corner of West Escalante Drive and North Linder Road and
narrows to fifty feet (50') in width to the southern boundary of the development. A portion of the
area located adjacent to North Linder Road is currently benned and landscaped. The areas located
on each side of West Escalante Drive are currently landscaped and the sidewalk is complete on the
north side of the street and partially complete on the south side of street. A portion of the area
located adjacent to North Linder Road is also currently landscaped and a five foot (5') wide
sidewalk has been constructed adjacent to the landscaped area. The applicant should provide a
revised preliminary plat showing the required thirty -five foot (35') wide buffer areas located
within common lots adjacent to West Escalante Drive and a seventy -five foot (75') wide buffer
area located within a common lot adjacent to North Linder Road or submit an Alternative Method
of Compliance Request Form with the Design Review application showing reduced buffer areas to
be reviewed and approved by the Design Review Board prior to submittal of a final plat
application.
The preliminary plat, date stamped by the City on July 1, 2015, identifies an existing 20 -foot wide
private alley located behind Lots 2 -9, Block 2. The narrative provided by the applicant indicates
that eight (8) lots will be alley -load single family lots. These lots are located on the east side of
North Tybee Way. The applicant should be required to identify the Ada County instrument
number associated with the private alley access agreement on the final plat prior to the City Clerk
signing the final plat. The street section for North Tybee Way shows both sides of the street to
have standard rolled curb. Since the lots located on the east side of North Tybee Way will be alley -
loaded and driveways will not be required from the street the east side of North Tybee Way should
have vertical curbing.
• The preliminary plat, date stamped by the City on July 1, 2015, shows a street section for West
Brunmeir Drive with six -foot (6') wide landscape strips on each side of the street. Although West
Brunmeir Drive west of the proposed development contains six -foot (6') wide planter strips they
are no longer permitted pursuant to ACHD policy and Eagle City Code. The applicant should be
required to provide a revised preliminary plat with a revised street section for West Brunmeir Way
showing eight -foot (8') wide planter strips. The applicant should also be required to construct
eight -foot (8') wide planter strips located adjacent to West Brunmeir Drive prior to the City Clerk
signing the final plat.
Plat note #6 of the preliminary plat, date stamped by the City on July 1, 2015, indicates that, "This
subdivision is subject to the terms of development agreements recorded as instrument no.
107128270, records of Ada County, Idaho." The development agreement being referenced is
expired. The applicant is requesting a development agreement modification and, if approved, staff
will prepare an amended and restated development agreement associated with the project. The
applicant should provide a revised preliminary plat with plat note #6 revised to read, "This
development is subject to the terms of the development agreement associated with City of Eagle
application #RZ -12 -06 MOD and any subsequent modifications." The revised preliminary plat
should be provided prior to submittal of a final plat application.
Plat note #8 of the preliminary plat, date stamped by the City on July 1, 2015, indicates, in part,
that the building setbacks shall be in compliance with the applicable zoning ordinance or as
otherwise approved in the development agreement. The applicant is requesting reduced setbacks.
The reduced setbacks will be identified in the Site Specific Conditions of Approval since the
property has a zoning classification referencing a planned unit development (P). The associated
development agreement is not being utilized in lieu of a PUD so the reduced setbacks will not be
identified in the development agreement. The applicant should be required to add a note to the
final plat which states that, "Minimum building setback lines shall be in accordance with the
applicable zoning and subdivision regulations at the time of issuance of a building permit or as
specifically approved and/or required. ", prior to the City Clerk signing the final plat.
Page 13 of 24
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Plat note #9 of the preliminary plat, date stamped by the City on July 1, 2015, identifies the
common/open space lots of the development. Lot 1, Block 3, is one of the lots identified as a
common/open space lot. In conversation with the applicant's representative it has been determined
that Lot 1, Block 3, is a buildable lot. The applicant should be required to provide a revised
preliminary plat with the reference of Lot 1, Block 3, removed from plat note #9. The revised
preliminary plat should be provided prior to submittal of a final plat application.
The applicant has indicated within the provided narrative, date stamped by the City on July 1,
2015, that they are not requesting approval of any multi - family dwellings with this application.
The narrative goes on to state that they will submit conditional use permit and design review
applications in the future providing floor plans, elevations, and landscape plans. In the event that
the applicant desires to construct multi - family residential units on the lots located south of West
Escalante Drive the applicant should be required to submit a conditional use permit modification
application and design review application for review and approval prior to the construction of the
multi- family residential units.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested development
agreement modification, conditional use permit, preliminary development plan, and preliminary plat for
Eaglefield Commons Planned Unit Development with conditions of approval as provided within the staff
report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications were held before the Planning and Zoning Commission on
August 31, 2015, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
D. Oral testimony neither in favor of nor opposed to this proposal was presented to the Planning and
Zoning Commission by one (1) individual who expressed the following concerns:
• The Preserve Subdivision is currently developed with single- family dwellings.
• Being a frequent pedestrian within the neighborhood, the rolled curb is supported.
• How many multi - family residential units will be allowed south of Escalante Drive and how will
they be designed?
• Due to the surrounding development being single - family residential, multi - family residential
would be out of character in this location.
• Someone who owns a property will be motivated to treat the property more respectfully than
someone leasing a property.
• The property north of Escalante is consistent with the existing character and will add beauty and
value to the existing neighborhood.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• A proposal for multi - family development should have to come back before the Commission and
Council.
• The project is well designed.
• Rolled curbing should be permitted so it is consistent with the surrounding area.
Page 14 of 24
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COMMISSION DECISION REGARDING THE DEVELOPMENT AGREEMENT
MODIFICATION:
The Commission voted 3 to 0 (Smith and Soelberg absent) to recommend approval of RZ -12 -06 MOD for
a development agreement modification for Eaglefield Commons Subdivision for The Preserve, LLC, with
the following staff recommended conditions of development to be placed within an Amended and Restated
Development Agreement:
3.1 The maximum density for the Property shall be 6.00 dwelling units per acre. There shall only be
single - family residential lots located north of West Escalante Drive.
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 final 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.
3.3 The Concept Plan (Exhibit B) 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, and notice shall be provided as may be
required by the City.
3.4 As provided by the applicant, the architecture as shown on Exhibit "D" shall be the required
architecture standard for the development. The applicant shall create an architectural control
committee (ACC) as a component of the development's CC &R's. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC &R's, and shall be
reviewed and approved by the City attorney prior to the approval of a condominium plat or
issuance of a zoning certificate, whichever occurs first.
The submittal of a building permit application to the City for all buildings 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.
3.5 The owner shall submit a Design Review application for the site (as required by Eagle City Code)
and shall comply with all conditions required by the City of Eagle as a part of the Design Review
prior to the submittal of a final plat application.
3.6 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, private access drives, parking lots, and
amenities. The owner shall provide an operation and maintenance manual, for the pressurized
irrigation facilities, private access drives, and parking lots, 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.
(b) A requirement for all fencing located adjacent to open space to be open -style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or other similar decorative style
fencing. All other fencing (i.e. cedar fencing, vinyl, chain link) shall be prohibited. The
residential lot located adjacent to the commercial lots is permitted to have solid fencing
located adjacent to the west property line and not to encroach into the front yard.
(c) Language controlling the number of times a single elevation /design can be used within the
development and the proximity of similar elevation /designs to each other.
Page 15 of 24
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(d) 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.
3.7 In the event that Owner desires to construct multi - family residential units on the lots located south
of West Escalante Drive the Owner shall be required to submit a conditional use permit
modification application and design review application for review and approval prior to the
issuance of a building permit.
3.8 As required by Title 6 Chapter 5 Eagle City Code, the Property shall become part of the City of
Eagle's municipal water system. The water main size, to be determined by the City Engineer at the
time of the final plat review, shall be dedicated to the public and shall only be constructed on
rights of way or easements. Easements or permits secured for the main extension shall be obtained
in the name of the City, along with all rights and title to the main at the time of service is provided
to the customer paying for the extension. Water mains shall be extended by the applicant as
designated by the City Engineer where future water system extensions are expected to occur.
COMMISSION DECISION REGARDING THE PLANNED UNIT DEVELOPMENT AND
PRELIMINARY PLAT:
The Commission voted 3 to 0 (Smith and Soelberg absent) to recommend approval of the Eaglefield
Commons Planned Unit Development (CU- 10- 151PPUD- 04- 151PP- 10 -15) for The Preserve, LLC, with the
following staff recommended site specific conditions of approval and standard conditions of approval with
strike through text to be deleted by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ -12 -06
MOD.
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.
4. Add a note to the final plat which states that, "Minimum building setback lines shall be in
accordance with the applicable zoning and subdivision regulations at the time of issuance of a
building permit or as specifically approved and/or required." prior to the City Clerk signing the
final plat.
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 by
the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat application. 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.
6. 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 located in an 8 -foot wide landscape strip between the 5 -foot
wide concrete sidewalk and the curb. 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 15070 of the cost of the installation of all landscape and irrigation improvements. Trees shall be
Page 16 of 24
K'U'Uuling Ikp1Magk ApphLalinrtslti11RS%%Illl 11:aEkfickI Cnmmimy Suhpddm
installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be
issued if weather does not permit landscaping. (ECC 8- 2A -7[E] and ECC 8- 2A -18)
7. Provide a revised preliminary plat showing the required thirty -Eve foot (35') wide buffer areas
located within common lots adjacent to West Escalante Drive and a seventy -five foot (75') wide
buffer area located within a common lot adjacent to North Linder Road or submit an Alternative
Method of Compliance Request Form with the Design Review application showing reduced buffer
areas to be reviewed and approved by the Design Review Board prior to submittal of a final plat
application. (ECC 8- 2A- 7[1][4][a and c] and ECC 8- 2A -7[0])
8. The required setbacks shall be as follows:
R-4 -DA -P
Front
20 -feet
Rear
20 -feet
Interior Side
5 -feet (first story) /7%2 -feet (second story)
Street Side
20 -feet
Maximum Coverage
40%
MU -DA -P
Front
20 -feet
Rear
20 -feet
Interior Side
5 -feet (first story) /l0 -feet (second story)
Street Side
20 -feet
Minimum Building Separation 20 -feet
Maximum Coverage
50%
9. The applicant shall vacate the existing PUID (public utility, irrigation, and drainage) easements
associated with Irish Acres Subdivision and vacate the Drainage District No. 2 drainage easement
prior to submittal of a final plat application.
10. Provide a recorded access easement agreement for the improved driveway providing access from
West Escalante Drive to the Hope Lutheran Church property. The Ada County instrument number
associated with the recorded access easement shall be referenced on the final plat prior to the City
Clerk signing the final plat.
11. The applicant shall identify the Ada County instrument number associated with the private alley
access agreement on the final plat prior to the City Clerk signing the final plat.
12. Vei46eal effbifl,-, Shall be installed on the east side ef Nef4h Tybee Wa)�.
13. Provide a revised preliminary plat with a revised street section for West Brunmeir Way showing
eight -foot (8') wide planter strips. The applicant shall also be required to construct eight -foot (8')
wide planter strips located adjacent to West Brunmeir Drive prior to the City Clerk signing the
final plat. (ECC 94- 1- 2[F][3])
14. Provide a revised preliminary plat with plat note #6 revised to read, "This development is subject
to the terms of the development agreement associated with City of Eagle application #RZ -12 -06
MOD and any subsequent modifications." The revised preliminary plat shall be provided prior to
submittal of a final plat application.
15. Provide a revised preliminary plat with the reference of Lot 1, Block 3, removed from plat note #9.
The revised preliminary plat shall be provided prior to submittal of a final plat application.
16. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights -of -way abutting and within this site prior to the City Clerk signing the
final plat. (ECC 9- 4 -1 -2)
Page 17 of 24
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17. The applicant shall provide documentation that the septic system was abandoned in accordance
with the requirements of the Central District Health Department.
18. The Eaglefield Commons Subdivision shall remain under the control of one Homeowners
Association. (ECC 9- 3- 8[D][4])
19. The applicant shall place a note on the final plat that the pressurized irrigation system and all
common lots are to be owned and maintained by the Homeowner's Association.
20. 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
cari ng for shrubs and trees in perpetuity. (ECC 9- 4- 1- 9[C][1])
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and /or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39 -118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31 -3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9- 4- 1 -9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
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9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on -site prior to the City Engineer signing the final plat..
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC &R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right -of -way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right -of -way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14 The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
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b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
C. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by -laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision - making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by -laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Parks and Pathways Development Commission
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways
Development Commission prior to approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the staff
and the City Engineer and shall be shown on the final plat prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required ".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
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K U'lanning Uk-pffliaglL Sub prf Jec
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and /or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9 -6 -5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98 -3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
34. The applicant shall take care to located and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4" x 4" posts with the bottom of the sign being a minimum of 3 -feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
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KAI'Lmnin$ LkpilLagk ApplicatuonSLtiUEiSLIIISi! aglufiW Caamm na Suh pAdik
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at Eagle City Hail (Freedom Room) located at 660 East Civic
Lane, Eagle, at 6:00 PM, Wednesday, June 3, 2015, in compliance with the application submittal
requirement of Eagle City Code. The application for this item was received by the City of Eagle on
July 1, 2015.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on August 10, 2015. Notice of this public hearing was mailed to property owners within three -
hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on August 6, 2015. The site was posted in accordance
with the Eagle City Code on August 21, 2015. Requests for agencies' reviews were transmitted on July
15, 2015, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed development
agreement modification (RZ -12 -06 MOD) with regard to Eagle City Code Section 8 -7 -5 "Action by
the Commission and Council ", and based upon the information provided concludes that the proposed
applications are in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of R- 4 -DA -P (Residential up to four units per acre with a
development agreement PUD), and MU -DA -P (Mixed Use with a development agreement PUD),
is in accordance with the Transitional Residential classification as shown on the Comprehensive
Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that adequate public facilities exist, or are required to be provided, to serve all
uses allowed on this property under the proposed zone;
c. The proposed R- 4 -DA -P (Residential up to four units per acre with a development agreement
PUD), and MU -DA -P (Mixed Use with a development agreement PUD) zoning districts are
compatible with the RUT (Rural Urban Transition - Ada County designation) zone and land use to
the north since that area may be developed with residential lots similar in size to the proposed lots
located adjacent to the northern property line;
d. The proposed R4-DA -P (Residential up to four units per acre with a development agreement
PUD), and MU -DA -P (Mixed Use with a development agreement PUD) zoning districts are
compatible with the RUT (Rural Urban Transition — Ada County designation) zone and land use to
the south since that area currently has a church and large open area on the site;
e. The proposed R4-DA -P (Residential up to four units per acre with a development agreement
PUD), and MU -DA -P (Mixed Use with a development agreement PUD) zoning districts are
compatible with the C -1 -DA (Neighborhood Business District with a development agreement) and
R -2 -DA (Residential with development agreement) zone and land use to the east since the
applicant is required to buffer the project from North Linder Road with a large berm and
landscaping and the area located at the southeast corner of West Escalante Drive and North Linder
Road currently is developed with a pond and extensive landscaping;
f. The proposed R4-DA -P (Residential up to four units per acre with a development agreement
PUD), and MU -DA -P (Mixed Use with a development agreement PUD) zoning districts are
compatible with the R4-DA -P (Residential with development agreement PUD) zone and land use
to the west since this development proposes to provide residential uses, lot sizes and amenities that
would be compatible with the existing residential uses;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan;
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KMILnningIkptT2&- Applicator ia%L.SUI1S1- IOIW:agk!'ieklConm ai Sub pzfAx
h. The proposed uses, as conditioned within the development agreement, will not create a non-
conforming use within the R-4 (Residential) and MU (Mixed Use) zones.
4. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit, preliminary development plan, and preliminary plat (CU- 10- 15/PPUD -04- 15/PP- 10 -15) 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. 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.
The intent of the Eaglefield Commons PUD is to provide a development with a transition of lot
sizes, and a variety of housing types;
b. 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.
The Eaglefield Commons PUD provides a variety of lot sizes and housing types to blend in with
the adjacent development and future development;
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
Eaglefield Commons PUD is proposed to be developed in a manner harmonious with existing and
future uses in the immediate vicinity;
d. 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.
No major impacts are expected as this development should only develop normal traffic patterns
that would be related to a residential subdivision development;
e. 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.
All central services are available to be extended to the site, as noted within the letters provided by
the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and
other urban services will be provided at the developer's expense; and
f. That the 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 Eagle Sewer District, City of Eagle Water Department, or
Ada County Highway District;
g. 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.
The development plan was designed with consideration given to usable open space and pedestrian
pathways providing connectivity within the development and to adjacent properties;
h. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
The development will include extending one stub street from the adjacent parcel to the west, and
one new stub street to the adjacent parcel to the north, which will provide intra- neighborhood
connectivity. Access to the development will be from West Escalante Drive. The design and
Page 23 of 24
AUlbm'.. Comm+rnt Sulk V&J.k
construction of the roadways and entrances is guided by the Ada County Highway District;
That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
No natural, scenic, or historic features of major importance are known to exist on the site;
That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development fits well with the Comprehensive Plan since the plan calls for
Transitional Residential and will provide a variety of housing types to accommodate residents with
varying lifestyle needs;
k. 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.
This application requests approval for a preliminary development plan and conditional use permit
as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet
the conditions herein. In addition, the developer will be required to submit an application for
design review and comply with all Eagle City Codes and conditions of approval of the design
review;
I. 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.
The development provides for a residential use in proximity to a principal arterial and provides
pathway connections to adjacent developments and the City pathway network; and
DATED this 2Is' day of September, 2015
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho 1g1++1l++q,
-, `'`� EAG '�''.
AWA s Gi +QORATF #
Trent Wright, Chairman a V ��d
ATTEST: SAP
sell 0600%
Sharon K. Bergmann, Eagle City erk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
Page 24 of 24
KAPLuming NpAUSIL Appku6nnslSU11S1?n 1 n1 agkf :W Commons Sub pif dae