Findings - PZ - 2021 - RZ-11-20 & PP-06-20 - Eastfield Sub - Rezone A-R To R-7-Da For 35 Lot Residential Subdivision BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A REZONE FROM A-R(AGRICULTURAL- )
RESIDENTIAL)TO R-7-DA(RESIDENTIAL )
WITH A DEVELOPMENT AGREEMENT [IN )
LIEU OF A PUD] AND PRELIMINARY PLAT )
FOR EASTFIELD SUBDIVISION FOR ERIKA )
AND DYLAN SCHNEIDER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-11-20& PP-06-20
The above-entitled rezone with a development agreement(development agreement in lieu of a PUD) and
preliminary plat applications came before the Eagle Planning and Zoning Commission for their
recommendation on February 1, 2021, at which time public testimony was taken and the public hearing
was closed. 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:
Erika and Dylan Schneider, represented by Mark Butler with Land Consultants, Inc., are
requesting a rezone from A-R (Agricultural-Residential) to R-7-DA (Residential with a
development agreement [in lieu of a PUD]) and preliminary plat approvals for Eastfield
Subdivision, a 35-lot (30-buildable, 5-common) residential subdivision. The 4.58-acre site is
located on the northwest corner of East Hill Road and North Edgewood Lane at 200 North
Edgewood Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, on Friday, September 18, 2020, in
compliance with the application submittal requirement of Eagle City Code. The applications for
this item were received by the City of Eagle on October 22, 2020. A revised preliminary plat was
received by the City of Eagle on November 25,2020.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on October 23, 2020, in accordance with the
requirements of the Eagle City Code. 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 January 4, 2021. Notice of this public
hearing was mailed to property owners within 1,500-feet of the subject property in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on December 31,
2020. The site was posted in accordance with Eagle City Code on January 8,2021.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 6, 2017, the City approved a lot line adjustment for Patrick & Karen Towne (LLA-
04-16).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE:
See attached justification letter date stamped by the City on October 22, 2020, provided by the
applicant's representative(attached to the staff report).
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See attached justification letter date stamped by the City on October 22, 2020, provided by the
applicant's representative(attached to the staff report).
H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Compact Residential and A-R(Agricultural Single-family
Scenic Corridor Overlay Residential) residence and
agriculture
Proposed No Change R-7-DA(Residential with Residential(attached
Development Agreement[in townhomes)
lieu of a PUD])
North of site Compact Residential R-1 (Residential Single-family
residences
South of site Compact Residential and R-4(Residential) Single-family
Scenic Corridor Overlay residences
East of site Compact Residential and A-R(Agricultural Single-family
Scenic Corridor Overlay Residential)and R-3 residences
(Residential)
West of site Compact Residential and A-R(Agricultural Agriculture
Scenic Corridor Overlay Residential)
DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
J. SITE DATA:
Total Acreage of Site—4.58-acres
Total Number of Lots—35
Residential-30
Commercial- 0
Industrial-0
Common- 5
Total Number of Units—30
Single-family -30
Duplex-0
Multi-family - 0
Total Acreage of Any Out-Parcels-0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 6.55-dwelling units per acre 5.9-dwelling units per
acre(as limited within the
development agreement)
Minimum Lot Size 1,890-square feet 1,600-square feet
Minimum Lot Width 20-feet 20-feet
Minimum Street Frontage 20-feet 35-feet
Total Acreage of Common Area 1.81-acres(0.38-acres active) 0.83-acres minimum
Open Space
Percent of Site as Common Area 43.2%(21.1%of the common 20%
Open Space area is proposed as active Except that, according to
open space) 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.
K. GENERAL SITE DESIGN FEATURES:
Greenbelt/Pathway Areas and Landscape Screening:
The preliminary plat, date stamped by the City on November 25, 2020, shows a 35-foot wide
landscape buffer area located along East Hill Road (collector). The applicant will be required to
provide a 10-foot wide natural surface pathway located within a 25-foot wide public access
easement along the northern property line and New Dry Creek Canal.
Open Space:
The open space will consist of five (5) common lots. The larger common lots will contain
sidewalks along East Spartan Lane (Private) and providing access to the seven (7) of the
residential lots located south of East Spartan Lane (Private). The common area located south of
East Spartan Lane (Private) contains a covered picnic area with pedestrian connectivity or the
sidewalk.
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:
Plat note #6 of the preliminary plat, date stamped by the City on November 25, 2020, indicates
the subdivision will have a 12-foot utility easement along the front, rear, and subdivision
boundary. The plat note also identifies the interior side lot lines will have a 5-foot easement (as
indicated).
Fire Hydrants and Water Mains:
The preliminary plat shows three (3) fire hydrants located within the subdivision. The hydrants
should be installed and approved as required by the Eagle Fire Department. The proposed
development is located within the Eagle Water Company water service area.
On-site Septic System:
The existing dwelling is currently served by a septic system. The preliminary plat, date stamped
by the City on November 25, 2020, identifies the location of the existing septic with a label
indicating the septic will be abandoned.
Pressurized Irrigation:
The development will contain a pressurized irrigation system which is supplied from the New
Dry Creek Ditch Company. The applicant has provided a "Preliminary Pressure Irrigation
Report" date stamped by the City on November 25, 2020, to address the City of Eagle Pressure
Irrigation Standards.
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:
Private Streets and Alleys:
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Blocks Less Than 500': None.
Cul-de-sac Design:
North Edgewood Lane currently terminates in a cul-de-sac. The applicant is proposing to improve
the east half of the cul-de-sac with vertical curb, gutter, and a 5-foot wide attached sidewalk.
Sidewalks:
The applicant is proposing to construct a 5-foot wide attached sidewalk adjacent to the east side
of North Edgewood Lane and a 5-foot wide detached sidewalk adjacent to the south side of East
Spartan Lane. The applicant is also proposing to construct a pedestrian guardrail adjacent to the
existing sidewalk adjacent to North Edgewood Lane along the northern project boundary.
Curbs and Gutters:
The applicant is proposing vertical curb and gutter along the east side of North Edgewood Lane
and both sides of East Spartan Lane. The applicant is proposing ribbon curb and valley gutter on
all private alleys.
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: see comments under Sidewalks above.
N. PUBLIC USES PROPOSED:
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes, all mature trees to remain
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
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S. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
City Engineer: All comments within the Engineer's letters dated December 22, 2020, are of
special concern(attached to the staff report).
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent correspondence, dated November 24, 2020, are of special concern(attached to the
staff report).
Ada County Highway District
Ada County Highway District(Vacation request)
Ballentyne Ditch Company
Central District Health
Eagle Fire Department
Eagle Sewer District
Idaho Department of Environmental Quality
Marathon Pipe Company,LLC
New Dry Creek Ditch Company
T. LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from Pat and Karen Towne, date stamped by the City on January 11,
2021.
Email correspondence received from Keeli M. Morris, dated January 11, 2021.
Correspondence received from Jeff Kimpson,date stamped by the City on January 11,2021.
Correspondence received from Dawn P Haskins,date stamped by the City on January 11,2021.
Correspondence received from John Bovis,date stamped by the City on January 11, 2021.
Correspondence received from Dave and Kelly Beggrow, date stamped by the City on January
11,2021.
Correspondence received from John Carlson,date stamped by the City on January 11, 2021.
Correspondence received from Leslie M. Smith,date stamped by the City on January 11,2021.
Correspondence received from Justin Hunter,date stamped by the City on January 11,2021.
Email correspondence received from Thomas L. Simmonds, dated January 25,2021.
U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The proposed time schedule for development of the site is to commence with infrastructure
construction in the summer of 2021 and vertical construction estimated to start in the fall or
winter of 2021, all dependent on approval process and market conditions.
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.
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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.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The Comprehensive Plan Land Use Map (Western Area Plan adopted 02-10-15) designates this
site as:
Compact Residential
Suitable for single family residential, row houses, duplex and four-plexes. Densities range from
4 units per acre to 8 units per acre.
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.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
DWELLING, SINGLE-FAMILY ATTACHED: A dwelling consisting of two (2) or more
dwelling units attached to one another by common walls with each dwelling unit being on a
separate lot, commonly referred to as townhouses and/or townhomes.
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EASEMENT: Authorization by a property owner for the use by another, and for a specified
purpose, of any designated part of his property.
PRIVATE ROAD: A road, street, alley, or bridge that is not laid out or established by the state of
Idaho or a subdivision of the state or dedicated to the state or a subdivision of the state and
accepted by such entity or used by the public for a period of not less than five (5) years and
worked and kept up by, at the expense of,the public during that period of time.
STREET: A right of way which provides vehicular and pedestrian access to adjacent properties,
the dedication of which has been officially accepted. The term "street" also includes the terms
highway,thoroughfare,parkway, road, avenue, boulevard, lane, place or other such terms.
Access Street: A minor street which has the primary purpose of providing access to abutting
properties.
Alley: A minor street providing secondary access at the back or side of a property otherwise
abutting a street.
Private Street: A street that is not accepted for public use or maintenance which provides
vehicular and pedestrian access.
• 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:
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, R-4 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. When a property is being proposed for rezone to the R 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 8-2-4 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*
R-6 to R- 35' 20'/ 15' 5' 20' N/A 1,600 20'
10 single- 10' if 5' if 0'for
family alley alley common
attached load load wall
dwellings
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I. Lot width shall be determined as follows: The distance between side lot lines measured at a
point midway between the front and rear lot lines. Minimum lot frontage, the portion of a lot
front adjacent to a public or private street, for all residential zoning districts shall be 35 feet.
• Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements:
J. Buffer Areas/Common Lots:
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 collector on the master street map typologies map in the
Eagle comprehensive plan:
A minimum of thirty five feet(35')wide buffer area(not including right of way)shall
be provided with the following plants per one hundred(100) linear feet of right of
way: four(4)shade trees, five(5)evergreen trees, and twenty four(24)shrubs. Each
required shade tree may be substituted with two(2)flowering/ornamental trees,
provided that not more than fifty percent(50%)of the shade trees are substituted.
A minimum five foot(5')high,maximum eight foot(8')high,berm,decorative block
wall, cultured stone, decorative rock,or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet(3')horizontal distance to one foot(1')vertical distance.
If a decorative block wall,cultured stone,decorative rock, or similarly designed
concrete wall is to be provided in combination with the berm, a four foot(4')wide
flat area shall be provided for the placement of the decorative wall. Chainlink, cedar,
and similar high maintenance and/or unsightly fencing shall not be permitted.
• 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 9-1-6 Rules and Definitions:
ALLEY: A minor street providing secondary access at the back or side of a property otherwise
abutting a street.
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DEAD END STREET: A street connecting to another street at one end only and not having
provision for vehicular turnaround at its terminus.
DRIVEWAY: A travel way not dedicated nor intended for public use, privately maintained,
serving a maximum of two(2) lots or parcels.
MINOR STREET: A street which has the primary purpose of providing access to abutting
properties.
PRIVATE STREET: A right of way which provides access to adjacent properties under separate
ownership and which is not dedicated to or officially accepted by a public entity, but not
including a driveway as defined in subsection 9-3-2-1(J)of this title.
• Eagle City Code Section 9-2-3: Preliminary Plat:
C. Required Information and Data:
j. Lot lines and blocks showing the dimensions and numbers of each;
• Eagle City Code Section 9-3-2-1: Streets and Alleys: Location and Design:
B. Minor Streets: Minor streets shall be so arranged as to discourage their use by through traffic.
E. Public Alleys: Public alleys shall be provided in multiple dwelling or commercial subdivisions
unless other provisions are made for service access and off street loading and parking. Dead
end public alleys shall be prohibited in all cases.
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet (750')
in length and shall terminate with an adequate circular turnaround having a minimum radius
of fifty feet (50') of right of way including a landscape island with a minimum radius of ten
feet (10'). A minimum of forty feet (40') of pavement shall be provided between the
landscape island and the outside edge of the street as measured from the face of curb of the
island to the face of curb located on the outside edge of the street. One traffic control sign
stating that on street parking is prohibited within the turnaround shall be installed at the
entrance of the turnaround on the driver's side of the street. The following exceptions may be
considered by the council:
1. Alternative types of turnarounds for cul-de-sacs which will provide access to less than
thirteen(13)dwelling units may be permitted by the city if approved by the fire
department and the highway district having jurisdiction.
I. Private Streets: Private streets that provide access to no more than ten percent (10%) of the
lots may be permitted within planned unit developments provided that the standards within
section 9-3-2-5 of this chapter are met.
J. Driveways: Driveways which provide access to no more than two (2) lots shall be allowed
within any subdivision provided at least one (1) of the lots has the minimum street frontage
required in section 8-2-4 of this code.
• 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 no more than ten percent(10%)of the lots
within a planned unit development 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.
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2. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic,sidewalks, and parking.
3. The private streets shall provide adequate access for service and emergency vehicles.
4. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel layout.
6. Other than to provide emergency access, the private streets do not connect one public
street to another, thereby encouraging travel through the development served by the
private street; provided, however, that in order to provide secondary access, a private
street may have more than one connection to a public street and/or may be connected to
more than one public street if access thereto is controlled by automatic gates or other
control devices approved by the council.
7. The use or alignment of the private streets does not interfere with the continuity of public
streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets, including provisions for the funding thereof.
B. Construction And Design Standards: Private streets shall conform to the following
construction and design requirements:
1. All private street construction shall be in accordance with Ada County highway district's
structural standards for streets including base course and asphaltic concrete mat thickness
utilizing the appropriate traffic index or as may be recommended by the city engineer and
approved by the city council, and shall further be in accordance with Ada County
highway district's intersection design and drainage requirements, or as may be
recommended by the city engineer and approved by the city council.
2. Except as may be otherwise set forth in this section, private streets shall meet such design
and dimensional requirements as the council may determine are appropriate considering
the proposed use and the site upon which the private streets are to be placed, however, all
private streets shall contain paved travel lanes a minimum of twelve feet (12') in width
(except as noted herein) and shall otherwise provide for the safe, convenient, and
effective movement of both vehicular and pedestrian traffic. Vertical curbing shall be
provided for streets that are less than thirty four feet(34') in 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:
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a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of
this chapter and subject to the approval of the Eagle fire district and city engineer and
provided further that proper maintenance of the island is provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle
fire district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer,and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared by
a licensed professional engineer in the state in substantial conformance with engineering
and design standards in effect at the time of preparation of the design. Construction
drawings, together with a certification of such conformity, shall be submitted for the
review and approval by the city engineer. No part of this section shall be construed as
allowing a private street that is not in conformance with current engineering and design
standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more restrictive
standard shall prevail, unless specifically determined otherwise by the city council.
C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance
of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost estimate
therefor prepared by a licensed professional engineer in the state, together with a
proposed method for funding the same, including, but not limited to, the creation and
maintenance of a reserve fund for that purpose, shall be submitted with the final plat
application for review and approval by the city engineer and city council.
2. The location of the private street shall be clearly depicted on the face of the plat and notes
shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private
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 C 1 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
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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 9-4-1-6: Pedestrian/Bicylcle 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.
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 two inch (2") 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.
D. DISCUSSION(based on the preliminary plat,date stamped by the City on November 25, 2020):
• The preliminary plat shows an attached sidewalk located adjacent to North Edgewood Lane
(Public). Pursuant to Eagle City Code 9-4-1-6 (F), sidewalks shall be separated from the edge of
the abutting roadway and/or back of curb by a minimum 8-foot wide landscape strip. The
applicant should be required to provide a revised preliminary plat showing the sidewalk along
North Edgewood Lane (Public) separated from the street by a minimum 8-foot wide landscape
strip. The revised preliminary plat should be provided prior to submittal of a design review
application.
• The preliminary plat shows a sidewalk located on the south side of E. Spartan Lane(Private). The
preliminary plat does not show a sidewalk located along the private alley providing access to Lots
33-35, Block 1. The applicant should be required to provide a revised preliminary plat showing a
minimum 5-foot wide sidewalk providing access from E. Spartan Lane (Private) to Lots 33-35,
Block 1. The revised preliminary plat should be provided prior to submittal of a final plat
application.
• Plat note #3 of the preliminary plat 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 (see specifically approved building
setbacks for this project on this sheet)."
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The specific setbacks are referenced on the preliminary plat. If it is the applicant's intention to
reference the specific setbacks on the final plat it should be noted that if the setbacks were ever to
be modified the recorded final plat would need to be modified which may require a vacation to
the recorded plat and modification to the setbacks. The applicant should be required to provide a
revised preliminary plat with plat note #3 revised to state, "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 pursuant to RZ-11-20." The
revised preliminary plat should be provided prior to submittal of a final plat application.
• Plat note #6 of the preliminary plat states, "Utility and Drainage Easements: 12.0' Front, Rear,
and Subdivision Boundary. 5.0' Interior Side Lot Lines(as indicated)."
Based on the proposed setbacks of Front 10-feet, Rear 5-feet, Interior Side (Common Walls) 0-
feet, and Exterior Side 5-feet, the proposed easement widths will encroach into the residential
dwellings in the event the residential dwellings are located at the setback line. The applicant
should be required to delineate all easements within the map portion of the preliminary plat with
the exception of the common lots. The applicant should be required to provide a revised
preliminary plat with plat note#6 revised to state, "All utility, drainage, and pressurized irrigation
easements shown or designated hereon are non-exclusive, perpetual, shall run with the land, are
appurtenant to the lots shown hereon, and are hereby reserved for the installation, maintenance,
operation, and use of public and private utilities, drainage, pressurized irrigation, sewer service,
cable television/data; appurtenances thereto." The revised preliminary plat should be provided
prior to submittal of a final plat application.
The preliminary plat shows utilities (water, sewer, and pressurized irrigation) and proposed catch
basins for drainage located within the common lots and private street/alley lots. Plat note #6
references utility and drainage easements 12-feet in width along the front, rear, and subdivision
boundary. Also, plat note #6 references a 5-foot wide utility and drainage easements along the
interior side lot lines (as indicated). The preliminary plat shows the utilities and proposed catch
basins located within the common lots outside of the referenced easement areas. The applicant
should be required to provide a revised preliminary plat with plat note #7 associated with the
common lots revised to identify the common lots shall have a blanket public utility, drainage, and
irrigation easements. The revised preliminary plat should be provided prior to submittal of a final
plat application.
• Plat note #7 of the preliminary plat states, "Lots 1, 17, 18, 19, and 29, Block 1, are common lots
to be owned and maintained by the Eastfield Subdivision Homeowner's Association.
Additionally,Lot 17 is a private street and alley lot."
Although the plat note addresses who owns and is responsible for the maintenance of the
common lots and that Lot 17 is a private street and alley lot, the plat note contains incorrect
references as to which lots are actually common lots. Lots 19 and 29,Block 1, are residential lots.
The preliminary plat shows Lots 1, 16, 17, 18, and 28, Block 1, as common lots. Lot 17, Block 1,
is shown to contain E. Spartan Lane (Private) and the private alleys. Also, a portion of Lot 28,
Block 1, is separated from the remaining portion of the lot by Lot 17, Block 1. The applicant
should be required to provide a revised preliminary plat with the portion of Lot 28, Block 1,
located along the northern and eastern property line re-numbered to Lot 36, Block 1. The revised
preliminary plat should be provided prior to submittal of a final plat application. The applicant
should be required to provide a revised preliminary plat with plat note#7 revised to state, "Lots 1,
16, 18, 28, and 36, Block 1, are common lots to be owned and maintained by the Eastfield
Subdivision Homeowner's Association. Lots 1, 16, 18, 28, and 36, Block 1, shall contain a
blanket public utility,drainage, and pressurized irrigation easement."The revised preliminary plat
should be provided prior to submittal of a final plat application.
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Lot 17, Block 1, contains the private street and private alleys which serve as access to all of the
lots located within the development. Since the open space lots and the private alley lots serve
separate purposes the applicant should be required to use separate plat notes to identify the
common lots based on use. Also, Eagle City Code Section 9-3-2-5(C)(2), requires a plat note be
included on the plat which addresses the following: a) the perpetual right of ingress and egress
over said lots, b) provide that the easement shall run with the land, c) provide that the owners
located adjacent to said lots shall be responsible for the maintenance of the common lots/private
alley, and d)provide that a restrictive covenant for maintenance of the common lots/private alley
cannot be modified without the express consent of the city. The applicant should be required to
provide a revised preliminary plat with a new plat which states, "The residential lots located
adjacent to Lot 17, Block 1, shall a) have the perpetual right of ingress and egress over said lots,
b)provide that the easement shall run with the land, c)provide that the owners located adjacent to
said lots shall be responsible for the maintenance of the common lots/private alley,and d)provide
that a restrictive covenant for maintenance of the common lots/private alley cannot be modified
without the express consent of the city. The revised preliminary plat should be provided prior to
submittal of a final plat application.
• Plat note #9 of the preliminary plat states, "Any re-subdivision of this plat shall comply with the
applicable zoning regulations in effect at the time of re-subdivision."
The plat note is silent to the required subdivision regulations associated with Eagle City Code.
The applicant should be required to provide a revised preliminary plat with plat note#9 revised to
state, "Any re-subdivision of this plat shall comply with the applicable zoning and subdivision
regulations in effect at the time of re-subdivision." The revised preliminary plat should be
provided prior to submittal of a final plat application.
• Plat note#11 of the preliminary plat states, "Direct lot access to N. Edgewood Lane is prohibited
unless specifically approved by Ada County Highway District and the City of Eagle."
The proposed subdivision is also located along East Hill Road (collector). The applicant should
be required to provide a revised preliminary plat with plat note #11 revised to state, "Direct lot
access to N. Edgewood Lane and E. Hill Road is prohibited unless specifically approved by Ada
County Highway District and the City of Eagle."The revised preliminary plat should be provided
prior to submittal of a final plat application.
• The applicant is requesting a rezone with a development agreement (in lieu of a PUD). The
preliminary plat does not contain a note which references a development agreement associated
with the subdivision. Since the development agreement will be used in lieu of a PUD the
applicant should be required to provide a revised preliminary plat with a new plat note which
states, "This subdivision is subject to a development agreement associated with RZ-11-20 and
any subsequent modifications." The revised preliminary plat should be provided prior to
submittal of a final plat application.
• The preliminary plat does not contain a plat note which references the CC&Rs associated with the
subdivision. The City requires that specific items are included within the CC&Rs in regard to
operation and maintenance of common areas, private streets, fencing, and a reference to
government rules supersede the CC&Rs. The applicant should be required to provide a revised
preliminary plat with a new plat note which states, "This subdivision is subject to the Covenants,
Conditions, and Restrictions, Ada County Instrument No. , or as subsequently
amended. The restrictive covenants for maintenance of the private street and alleys cannot be
modified and the Homeowner's Association cannot dissolved without the express consent of the
City of Eagle." The revised preliminary plat should be provided prior to submittal of a final plat
application.
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• The preliminary plat shows the private alley providing access to Lots 33 — 34, Block 1, is
approximately 210-feet in length between East Spartan Lane (Private) and the emergency access
from East Hill Road. The emergency access contains removable bollards which will not allow
service vehicles and/or delivery trucks to turn around to exit the private alley. The applicant
should be required to provide a revised preliminary plat showing a vehicle turnaround for service
vehicles and/or delivery trucks located between Lots 33 —34, Block 1, and the private street. The
revised preliminary plat should be provided prior to submittal of a final plat application.
• The applicant is proposing one (1) private street with attached private alleys to provide access to
the residential lots within the subdivision. The preliminary plat shows all residential lots take
access from the portion of Lot 17, Block 1, identified as "Private Alley." Eagle City Code does
not recognize private alleys as a permitted use or prohibited use. The proposed rear setbacks of 5-
feet are based on the single-family attached units taking access from an alley. Pursuant to Eagle
City Code Section 9-1-6, public alleys shall be provided in multiple dwelling or commercial
subdivisions unless other provisions are made for service access and off street loading and
parking. Dead end public alleys shall be prohibited in all cases. Three (3) of the proposed private
alleys terminate at a dead end. Eagle City Code Section 9-1-6, defines alley as a minor street
providing secondary access at the back or side of a property otherwise abutting a street. Lots 2 -
15 and 19-23, Block 1, abut a street, however the remaining lots do not abut a street. Eagle City
Code Section 9-1-6, defines a driveway as a travel way not dedicated nor intended for public use,
privately maintained, serving a maximum of two (2) lots or parcels. The private alleys provide
access to up to nine lots (Lots 19—27,Block 1) in one(1)area and a total of six(6) lots separated
into three(3) lots in two (2)other areas. If the applicant is required to identify the public alleys as
private streets the area of the lot located adjacent to the public street would be considered the
front of the lot. Pursuant to Eagle City Code Section 8-2-4, the front setback for single-family
attached units is 20-feet and rear setback is 15-feet. Eagle City Code Section 9-3-2-5(E),
associated with private streets states the City Council may waive or modify any of the standards
or requirements of that section when the private streets have been determined to be an integral
element of the overall plan and scheme of the development. As previously mentioned, there is no
provision within Eagle City Code that addresses the private alleys. Pursuant to Eagle Code
Section 9-3-2-5 (E), the applicant is requesting waivers regarding the private streets and private
alleys to permit their proposal. Staff will defer to the City Council regarding the utilization of the
private alleys to provide access to the residential lots.
• The proposed subdivision is located along East Hill Road (collector). The applicant is requesting
a waiver of Eagle City Code to allow for a reduction of the required 35-foot buffer width
associated with the buffer located along East Hill Road (collector). Pursuant to Eagle City Code
Section 8-2A-7(J)(4)(a), a minimum 35-foot wide buffer area is required. The preliminary plat
shows the area located along East Hill Road is a common lot which is 35-feet in width except for
the area located adjacent to the existing house to remain. The common lot width between the
existing house to remain and the East Hill Road right-of-way is 25-feet in width. If the City
Council approves the waiver request associated with the reduction of the required buffer area,the
applicant should be required to submit an alternative method of compliance application with the
design review application to be reviewed and approved by the Design Review Board and the City
Council prior to submittal of a final plat application.
• The preliminary plat identifies and delineates the proposed setbacks within the subdivision as
follows:
Alley Load
Front 10-feet
Rear 5-feet
Interior Side(common walls) 0-feet
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Exterior Side 5-feet
Lots 33/34/35
Edge of Alley to Garage 25-feet
Edge of Alley to Living 20-feet
Rear 15-feet
Interior Side(common walls) 0-feet
Exterior Side 5-feet
The proposed setbacks are in conformance with Eagle City Code Section 8-2-4. The preliminary
plat delineates the setback lines adjacent to the alley on Lots 33 — 35, Block 1, at 10-feet. The
setbacks for the subdivision should be as follows:
Alley Load
Front 10-feet
Rear 5-feet
Interior Side(common walls) 0-feet
Exterior Side 5-feet
Lots 33/34/35
Edge of Alley to Garage 25-feet
Edge of Alley to Living 20-feet
Rear 15-feet
Interior Side(common walls) 0-feet
Exterior Side 5-feet
Based on the lack of parking located in proximity to Lots 33 —35, Block 1, the applicant should
be required to provide a revised preliminary plat which does not delineate the setbacks on Lots 33
— 35, Block 1. The revised preliminary plat should be provided prior to submittal of a final plat
application.
• A portion of the site (21,978-square feet) located in proximity to the north property line contains
an ACHD right-of-way associated with a section of North Edgewood Lane that has been
abandoned. The applicant has petitioned the Ada County Highway District to vacate and abandon
the public right-of-way associated with the section of the abandoned North Edgewood Lane. The
applicant should be required to provide vacation documentation from ACHD indicating the right-
of-way associated with the abandoned North Edgewood Lane has been vacated. The vacation
documentation should be provided prior to submittal of a final plat application.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
February 1, 2021, 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 the application was presented to the Planning and Zoning Commission by
one(1) individual(not including the applicant/representative)who indicated the following:
• There have been several subdivisions that have been developed adjacent to the subject property.
• The proposed density is warranted since the property is located in proximity to the downtown.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by one(1) individual who indicated the following:
• The applicant should be required to reduce the proposed density of the development.
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• The individual moved to the area for the open space—the proposed subdivision will decrease the
amount of open space within the area.
• The proposed subdivision will negatively affect the neighborhood.
D. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning
and Zoning Commission by one(1)individual who indicated the following:
• The density of the proposed subdivision is dense as compared to the surrounding subdivisions.
• It appears the applicant has tried to squeeze in as many lots as possible. The applicant should be
required to reduce the density to be more commensurate with the surrounding neighborhoods.
COMMISSION DELIBERATION: (Granicus time 1:49:40)
Upon closing the public hearing,the Commission discussed during deliberation that:
• The applicant should be required to reduce the number of buildable lots by three(3).
• The proposed subdivision has enough guest parking based on the off street parking in addition to the
parking along the private street.
• The applicant will need to address any requirements of the Eagle Sewer District.
• As proposed,the private alleys will provide adequate access to the single-family attached units.
• The applicant should be required to provide a sidewalk to Lots 33-35 and a vehicle turnaround.
COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT
AGREEMENT (DEVELOPMENT AGREEMENT IN LIEU OF A PUD):
The Commission voted 4 to 0 (McLaughlin abstained) to recommend approval of RZ-11-20 for a rezone
from A-R(Agricultural-Residential)to R-6-DA(Residential with a development agreement [in lieu of a—
PUD]) for Erika and Dylan Schneider, with the following staff recommended conditions to be placed in a
development agreement with underline text to added by the Commission and text shown with strike
through to be deleted by the Commission:
3.1 The maximum density for the Property shall be 6,5-5 5.9 dwelling units per acre (38 26 single-family
attached dwellings/1 single-family detached dwelling)
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
a made except as otherwiseprovide
d within this Agreement.
g
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 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 streets, private alleys, fencing,
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.
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(b) A requirement for all fencing to be installed as shown on the Fencing Concept Plan (Exhibit
D). All other fencing(i.e. dog-eared cedar fencing,vinyl,chainlink)shall be prohibited.
(c) 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.
3.5 The setbacks shall be as follows:
Alley Load
Front 10-feet
Rear 5-feet
Interior Side(common walls) 0-feet
Exterior Side 5-feet
Lots 33/34/35
Edge of Alley to Garage 25-feet
Edge of Alley to Living 20-feet
Rear 15-feet
Interior Side(common walls) 0-feet
Exterior Side 5-feet
Maximum Coverage: No Maximum Coverage
3.6 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, Applicant 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.
3.7 Owner shall provide vacation documentation from ACHD indicating the right-of-way associated
with the abandoned North Edgewood Lane has been vacated. The vacation documentation shall be
provided prior to submittal of a final plat application.
3.8 The single-family attached dwellings shall be constructed utilizing"Craftsman"style architecture.
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.
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.
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3.9 The applicant shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed and required landscape islands and all
common areas throughout the development, 3) landscape screening details and buffering for the
residential units adjacent to Riverside Drive 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, playground equipment, gazebos, and/or similar amenities, 7) design of ponds to
4e sonstrueted in ref_enee _.o._uit_ ___b_t_ __` The design review application shall be reviewed
and approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of
the first final plat.
3.10 All living trees shall be preserved unless otherwise determined by the City Council. A detailed
landscape plan showing how the trees will be integrated into the open space areas (unless approved
for removal by the City Council) shall be provided prior to the submittal of a final plat.
Construction fencing shall be installed to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
3.11 Owner shall provide an executed Idaho Transportation Department Mitigation Agreement to the
City prior to the City Clerk signingthe first final plat.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 0 (McLaughlin abstained) to recommend approval of PP-06-20 for Eastfield
Subdivision (Exhibit "A") for Erika and Dylan Schneider, with the following staff recommended site
specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-11-20 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 preliminary plat showing the sidewalk along North Edgewood Lane (Public)
separated from the street by a minimum 8-foot wide landscape strip. The revised preliminary plat
shall be provided prior to submittal of a design review application.
5. Provide a revised preliminary plat showing a minimum 5-foot wide sidewalk providing access from
E. Spartan Lane(Private)to Lots 33-35, Block 1. The revised preliminary plat shall be provided prior
to submittal of a final plat application.
6. Provide a revised preliminary plat with plat note#3 revised to state, "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 pursuant to RZ-11-20."The revised
preliminary plat shall be provided prior to submittal of a final plat application.
7. Provide a revised preliminary plat with plat note #6 revised to state, "All utility, drainage, and
pressurized irrigation easements shown or designated hereon are non-exclusive, perpetual, shall run
with the land, are appurtenant to the lots shown hereon, and are hereby reserved for the installation,
maintenance, operation, and use of public and private utilities, drainage, pressurized irrigation, sewer
service, cable television/data; appurtenances thereto." The revised preliminary plat shall be provided
prior to submittal of a final plat application.
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8. The applicant should be required to provide a revised preliminary plat with the portion of Lot 28,
Block 1, located along the northern and eastern property line re-numbered to Lot 36, Block 1. The
revised preliminary plat shall be provided prior to submittal of a final plat application.
9. Provide a revised preliminary plat with plat note#7 revised to state, "Lots 1, 16, 18,28,and 36,Block
1, are common lots to be owned and maintained by the Eastfield Subdivision Homeowner's
Association. Lots 1, 16, 18, 28, and 36, Block 1, shall contain a blanket public utility, drainage, and
pressurized irrigation easement."The revised preliminary plat shall be provided prior to submittal of a
final plat application.
10. Provide a revised preliminary plat with a new plat which states, "The residential lots located adjacent
to Lot 17, Block 1, shall a) have the perpetual right of ingress and egress over said lots, b) provide
that the easement shall run with the land, c)provide that the owners located adjacent to said lots shall
be responsible for the maintenance of the common lots/private alley, and d) provide that a restrictive
covenant for maintenance of the common lots/private alley cannot be modified without the express
consent of the city. The revised preliminary plat shall be provided prior to submittal of a final plat
application.
11. Provide a revised preliminary plat with plat note #9 revised to state, "Any re-subdivision of this plat
shall comply with the 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.
12. Provide a revised preliminary plat with plat note #11 revised to state, "Direct lot access to N.
Edgewood Lane and E. Hill Road is prohibited unless specifically approved by Ada County Highway
District and the City of Eagle." The revised preliminary plat shall be provided prior to submittal of a
final plat application.
13. Provide a revised preliminary plat with a new plat note which states, "This subdivision is subject to a
development agreement associated with RZ-11-20 and any subsequent modifications." 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
the Covenants, Conditions, and Restrictions, Ada County Instrument No. , or as
subsequently amended. The restrictive covenants for maintenance of the private street and alleys
cannot be modified and the Homeowner's Association cannot 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 showing a vehicle turnaround for service vehicles and/or delivery
trucks located between Lots 33 — 34, Block 1, and the private street. The revised preliminary plat
shall be provided prior to submittal of a final plat application.
16. Provide a revised preliminary plat with all delineated setbacks removed. The revised preliminary plat
shall be provided prior to submittal of a final plat application.
17. If the City Council approves the waiver request associated with the reduction of the required buffer
area, the applicant shall be required to submit an alternative method of compliance application with
the design review application to be reviewed and approved by the Design Review Board and the City
Council prior to submittal of a final plat application.
18. 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 within an 8-foot wide landscape strip between the 5-foot wide
concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as
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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.
19. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk
signing the final plat. (ECC 9-4-1-8)
20. 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).
21. Eastfield Subdivision shall remain under the control of one Homeowners Association.
22. 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.
23. 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.
24. 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.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-11-20)
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 R-6-DA (Residential with a development agreement [in lieu of a
PUD]) is consistent with the Compact Residential and Scenic Corridor Overlay designations 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
the residential use on this property under the proposed zone;
c. The proposed R-6-DA (Residential with a development agreement [in lieu of a PUD]) zoning
district is compatible with the R-1 (Residential) zone and land use to the north since the area is
developed with a residential subdivision (Evans Acres No. 1) which is located on a bluff above
the subject property. The adjacent uses are also separated from the subject property by North
Edgewood Lane(collector)and the Dry Creek Canal;
d. The proposed R-6-DA (Residential with a development agreement [in lieu of a PUD]) zoning
district is compatible with the R-4 (Residential) zone and land uses to the south since that area is
separated by East Hill Road (minor arterial) from an ACHD drainage facility and a new
subdivision(Wild Rose)which is currently being developed with similar density;
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e. The proposed R-6-DA (Residential with a development agreement [in lieu of a PUD]) zoning
district is compatible with the A-R (Agricultural-Residential) and R-3 (Residential) zones and
land use to the east since that area is separated by North Edgewood Lane (collector) from a
vacant parcel and a single-family home and may be developed with a density similar to the
proposed development;
f. The proposed R-6-DA (Residential with a development agreement [in lieu of a PUD]) zoning
district is compatible with the A-R(Agricultural-Residential) zone and land use to the west since
the property is vacant and may be developed with a density similar to the proposed development;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
2. The Commission 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 proposed time schedule for development of the site is to commence with infrastructure
construction in the summer of 2021 and vertical construction estimated to start in the fall or
winter of 2021, all dependent on approval process and market conditions.
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 the applicants 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 Eastfield Subdivision is to provide a residential project with single-family
attached dwellings which will provide Eagle with a product type that is extremely rare within
Eagle. 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 being developed with a residential
subdivision. 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
development is also bordered on all sides by streets.
e. Explain why this development will not be hazardous or disturbing to existing or future
neighborhood uses.
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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 private street and alleys. Upon completion of the
development conditions will be consistent with those associated with a single-family residential
development.
g. 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.
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.
i. 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 a large common lot with a picnic
shelter, seating/gathering areas, and pathways which will provide an area for the residents of the
development to recreate.
j. 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 North Edgewood Lane and an emergency access from
East Hill Road.
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.
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The proposed development is in accordance with the Comprehensive Plan since the plan calls for
Compact Residential for the overall development with a density for the overall development of 4-
8 units per acre. The proposed development is 5.89-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 attached 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.
Single-family attached homes and a single-family detached residential home are the only uses
approved for this development. As allowed by Eagle City Code, an alternative method of
compliance will be submitted for 110-feet of the approximate 800-feet of berming planned along
East Hill Road. The request is for a reduction from 35-feet to approximately 25-feet in width due
to the location of the existing home.
3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-06-20) 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
Commission 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 site is surrounded on the east, south, and the west by existing roads. The Dry Creek Canal
borders the northern property line.
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2. The private street within the subdivision will provide safe and effective movement of both
vehicular and pedestrian traffic because of the following:
The private street is 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 a
detached sidewalk located on one(1)side of street for ease of pedestrian traffic flow;
3. The private street provides adequate access for service and emergency vehicles:
The private street is designed to meet the fire department emergency service vehicular
dimensional standards which require higher standards than other emergency vehicles. The
proposed internal circulation of the private street network will adequately serve non-emergency
service vehicles;
4. The private streets within the subdivision do not adversely affect access to adjacent properties:
The private street and alley network will not adversely affect access to adjacent properties since
the subject property is bordered on three (3) sides by public streets and the remaining side is
bordered by a canal;
5. The private streets will not landlock adjacent property due to topography or parcel layout:
The private street within the Eastfield neighborhood will not landlock any other properties since
the subject property is bordered on three (3) sides by public streets and the remaining side is
bordered by a canal;
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:
The proposed private street does not connect one public street to another public street. There is a
gated emergency access to East Hill Road;
7. The use or alignment of the private street within the subdivision do not interfere with the
continuity of public streets:
The proposed private street does not interfere with continuity of public streets since public streets
surround the site and there is no benefit to connecting the existing streets within the area; 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.
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DATED this 16th day of February,2021.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
a-7e-# .4--& —
Trent Wright, Chairman
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1&f QORq .. I,:Tracy E. bo agle City Clerk : 2�i �'
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