Findings - PZ - 2016 - RZ-08-15/PP-08-15 - Rz From R-3 To Mu-Da/Redstone Ranch Subd/10.06 AcreBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION }
FOR A REZONE WITH A DEVELOPMENT )
AGREEMENT IN LIEU OF A PUD, AND )
PRELIMINARY PLAT FOR REDSTONE )
RANCH SUBDIVISION FOR A TEAM )
CONSULTANTS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ -08 -15 AND PP -08 -15
The above- entitled rezone with development agreement in lieu of a PUD and preliminary plat applications
came before the Eagle Planning and Zoning Commission for their recommendation on February 16, 2016,
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:
A Team Land Consultants, represented by Steve Arnold, is requesting a rezone from R -3
(Residential Three) to MU -DA (Mixed Use with a development agreement in lieu of a PUD) and
preliminary plat approvals for Redstone Ranch Subdivision, a 109 -lot (99- buildable and 10-
common) residential subdivision. The 10.06 -acre site is generally located on the north side of Hill
Road approximately 400 -feet west of the intersection of Hill Road and State Highway 55.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 6:00 PM, on
Wednesday, April 22, 2015, in compliance with the application submittal requirement of Eagle
City Code. The applications for this item were received by the City of Eagle on June 18, 2015.
Revised preliminary plats were submitted on June 26, October 9, November 17, and December 8,
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 January 11, 2016. 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 January 11, 2016. Requests for
agencies' reviews were transmitted on July 6, 2015, in accordance with the requirements of the
Eagle City Code. The site was posted in accordance with Eagle City Code on January 22, 2016.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 22, 2007, the City Council approved a preliminary plat for Aguila Mountain Estates
Subdivision for Red Rock Development, LLC (PP- 02 -07).
On June 12, 2007, the Aguila Mountain Estates Subdivision preliminary plat expired (PP- 02 -07).
On January 28, 2014, the Eagle City Council approved a Comprehensive Plan Text Amendment to
establish Ianguage for the Guerber Park Planning Area and a Comprehensive Map Amendment
changing the land use designation on the Comprehensive Plan Land Use Map from Residential
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Three (up to three (3) units per acre) to Mixed Use for the property (CPA- 01 -13).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE:
See justification Ietter dated December 10, 2015 (attached to the staff report), provided by the
applicant's representative.
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant is requesting a development agreement (in lieu of a PUD). The development
agreement is to address reductions in minimum lot size, setbacks, easements, maximum lot
coverage, and other deviations from standard requirements in the MU (Mixed Use) zone.
H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
J. SITE DATA:
Total Acreage of Site - 10.06 -acres
Total Number of Lots - 109
Residential - 99
Commercial - 0
Industrial - 0
Common - 10 (inclusive of private streets)
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Mixed Use
R -3 (Residential)
Vacant parcel
Proposed
No Change
MU -DA (Mixed Use with
Residential subdivision
Development Agreement [in
lieu of a PUD])
North of site
Mixed Use
MU -DA (Mixed Use with
Proposed residential
Development Agreement [in
subdivision (Cedarfield
lieu of a PUD])
Subdivision No. I currently
under construction)
South of site
Mixed Use and
R -3 ( Residential), MU -DA -P
Single- family dwelling and
Professional Office
(Mixed use with a
mixed use developments
development agreement --
(Great Sky Estates and
PUD), MU -DA (Mixed Use
Piccadilly Village
with development agreement)
Subdivisions)
East of site
Business Park
BP (Business Park)
SH -55 and vacant parcel
West of site
Residential Three
R -1 (Residential)
Single- family residence
DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
J. SITE DATA:
Total Acreage of Site - 10.06 -acres
Total Number of Lots - 109
Residential - 99
Commercial - 0
Industrial - 0
Common - 10 (inclusive of private streets)
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Total Number of Units - 99
Single - family - 99
Duplex -- 0
Multi - family - 0
Total Acreage of Any Out- Parcels - 0
Additional Site Data
Proposed
Required
Dwelling Units Per Gross Acre
9.84- dwelling units per acre
9.84 - dwelling units pre
acre (as limited within the
development agreement)
Minimum Lot Size
1,1 l 1- square feet
5,000 -square feet
Minimum Lot Width
20 -feet
50 -feet (minimum)
Minimum Street Frontage
20 -feet
35 -feet
Total Acreage of Common Area
3.50 - acres*
8.17-acres
Open Space
Percent of Site as Common Area
34.9%
81.2%
Open Space
Pursuant to ECC Section 8 -6 -6-
5 (A) a decrease in the
minimum lot size may be
permitted if there is an
.'offsetting increase" of the
same square footage in open
space provided.
' Not Inclusive of private street common lots
K. GENERAL SITE DESIGN FEATURES:
Pathway Areas:
The preliminary development plan, date stamped by the City on December 8, 2015, shows the site
to be interconnected by several pathways (paseos) located throughout the development. The
proposed lots located adjacent to the private streets will have paseos located between the
residential units that will provide pedestrian connectivity to a pathway located within the
centralized common lot. The preliminary development plan also shows a pathway leading to a
gazebo /picnic area located on the common Iot adjacent to the western boundary of the
development.
Landscape Screening:
The southern property line is located adjacent to East Hill Road which is classified as a collector.
Pursuant to Eagle City Code Section 8- 2A- 7(J)(4)(a), a 35 -foot wide buffer area with a minimum
five to eight foot (5' to 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.
Open Space:
A total of 3.50 -acres, approximately 34.8 (not inclusive of the private street area) of open space is
proposed within the residential subdivision. The open space consists of seven (7) common lots.
The open space common lots are proposed to contain landscaping, buffer area (located adjacent to
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East Hill Road), pathways, clubhouse /office, pool, and a picnic area with a gazebo located on the
hillside adjacent to the western boundary.
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 &Rs are to contain clauses to be
reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code Section 9 -3 -6 requires utility easements to be not less than 12 -feet wide. All
utilities including power are required to be placed underground.
Fire Hydrants and Water Mains:
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 (yes or no) — No
Pressurized Irrigation:
The applicant is proposing to connect the pressurized irrigation system into the joint pressurized
irrigation system currently being constructed within WyCliffe Estates Subdivision, Cedarfield
Subdivision (formerly known as Gateway Subdivision) and Guerber Park.
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 and Public Streets:
(The street sections described are based on the preliminary plat date stamped ky the City oil
December 8, 2015).
The street section for the public street shows a 36 -foot wide roadway section (measured from back
of curb to back of curb) with either a standard rolled curb or 6 -inch vertical curb and seven feet
(7') of the eight -foot (8') wide landscape strip located on each side of the street. The street section
also shows the remaining one -foot (1') of the landscape strip located outside of the right -of -way
and a five -foot (5') wide sidewalk on each side of the street.
The street section for the private street shows a 28 -foot wide street section inclusive of a 24 -foot
wide travel way inclusive of two 12 -foot wide travel lanes and a two foot wide standard rolled curb
located on each side of the street.
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Blocks Less Than 500': None proposed.
Cul -de -sac Design: None proposed.
Sidewalks:
A detached five -foot (5') wide sidewalk is proposed abutting the planter strips Iocated on both
sides of the public streets, with the exception of an attached sidewalk to be Iocated adjacent to the
west side of Windmill Way located adjacent to the hillside.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the public
and private interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street 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 Section "K" herein.
Bike Paths:
Eagle City Code section 9 -4 -1-7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right-of-way or separate easement, as may be specified by the City Council.
N. PUBLIC USES PROPOSED: None
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 - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain -- no
Mature Trees -- no
Riparian Vegetation - no
Steep Slopes -- yes -- Area to be utilized for common area
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils,. no
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.
Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated, December 14, 2015, are of
special concern (attached to the staff report).
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
Settlers Irrigation District
Tesoro Logistics NW Pipeline
U. LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from Cindy Maestas, date stamped by the City on January 25, 2016.
Email correspondence received from Robert Grubb, dated February 10, 2016.
Correspondence received from Steve and Angela Deckers, date stamped by the City on February
11, 2016.
V. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The preliminary plat, date stamped by the City on December 8, 2015, identifies the development
as consisting of three (3) phases. The applicant has indicated within the provided narrative, date
stamped by the City on December 10, 2015, that based on market conditions the proposed
Redstone development is anticipated to have as many as three phases (3) over a two to three year
construction schedule beginning in the summer of 2016.
V. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
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.
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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.
I0. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling iutits):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map (Western Area Plan adopted 09- 14 -04) designates this
site as:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within the Central Business District (CBD).
Development within this land use designation should be required to proceed through the PUD
and /or Development Agreement process, see specific planning area text for a complete description.
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.
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Chapter 6 Land Use
6.8.14 Guerber Park Planning Area
The Guerber Park Planning Area is designated as mixed use node combining limited service
commercial, limited retail, professional office, and a mixture of residential densities including
single family, multi - family, and housing for older persons. The vision for the area is to recognize
the activity center created by Guerber Park, transportation as it relates to the Highway 55 corridor
and existing development, and to provide compatible land uses at densities that accommodate
pedestrian scale design and future mass transit. The area is defined as the property on the west side
of Hwy 55 and the north side of Hill Road, and includes the area north to the Arbor Ridge
Subdivision, east to Hwy 55 and includes Guerber Park to the west.
A. Uses
The land use and development policies specific to the Guerber Park Planning Area include the
following:
1. Parcel specific Iimited service commercial, limited retail, professional office and medium
to high density residential shall be allowed adjacent to Hill Road with the residential
densities transitioning to no more than four units per toward the north and the existing
large lot residential and the park to the west.
2. This area is encouraged to include active living opportunities for retirement age citizens
(Housing for Older Persons).
3. Single use /strip commercial shall not be permitted in this area. Design shall focus inward
and be integrated into the planning area with consistent architecture and site design.
4. Transitional residential densities and design elements (plantings, fences, etc.) should be
used to provide buffering from the mixed use areas to the existing large lot residential uses
within the planning area.
B. Access
1. Primary vehicular access should be taken from Echohawk Drive and Sadie Drive with
limited secondary access to Hill Road.
2. To the greatest extent possible, the planning area should be designed with internal
circulation for pedestrians and bikes between residential, non - residential and park uses,:
3. Private roads may be allowed in connection with housing for older persons and planned
unit developments but private roads should be designed to limit access to public facilities
and roadway networks unless deemed necessary for emergency services.
C. Design
1. Development in the Guerber Park Planning Area shall be required to submit as a planned
unit development and/or through a development agreement.
2. Architecture and signage for non - residential and multi - family uses should be designed to
be compatible and compliment the other uses in the planning area.
3. Hill Road should be recognized as a gateway corridor for the City of Eagle and should
have proper berming, landscaping, entry signage /markers, and setbacks.
4. Pathways and trails within the planning area should be located so to limit impacts to the
hillsides and areas of high erosion.
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5. All grading and hillside disturbance shall be engineered to ensure stability and to limit the
impacts of erosion.
6. There shall be an adequate buffer between the eastern boundary of Guerber Park and
development areas to the east. The intent is to ensure that park users do not feel as though
they are encroaching on private property and also to shield residents to the east from the
frequent intense activities of the park.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8 -1 -2 defines Easement as:
Authorization by a property owner for the use by another, and for a specified purpose, of
any designated part of his property.
• Eagle City Code, Section 8 -2 -1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the
zoning districts have been formulated to realize the general purposes as set forth in this
title. In addition, the specific purpose of each zoning district shall be as follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as
limited office, limited commercial, and residential. This district is intended to ensure
compatibility of new development with existing and future development. It is also
intended to ensure assemblage of properties in a unified plan with coordinated and
harmonious development which shall promote outstanding design without unsightly and
unsafe strip commercial development. Uses should complement the uses allowed within
the CBD zoning district. All development requiring a conditional use permit in the
MU zoning district, as shown in section 8 -2 -3 of this chapter, shall occur under the
PUD and/or development agreement process in accordance with chapter 6 or 10 of
this title unless the proposed development does not meet the area requirements as set forth
in section 8 -6 -5 -1 of this title. In that case a cooperative development, in conjunction with
adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise
a conditional use permit shall be required unless the proposed use is shown as a permitted
use in the MU zoning district within section 8 -2 -3 of this chapter. Residential densities
shall not exceed ten (10) dwelling units per gross acre. When a property is being proposed
for rezone to the MU zoning district a development agreement may be utilized in lieu of
the PUD and/or conditional use process if approved by the city council provided the
development agreement includes conditions of development that are required during the
PUD and conditional use process.
• Eagle City Code, Section 8 -2 -3 Schedule of District Use Regulations:
Residential dwellings are allowed by Conditional Use within the MU (Mixed Use) zoning
designation.
• Eagle City Code, Section 8 -24 Schedule of Building Height and Lot Area Regulations for the
MU (Mixed Use) zone:
7Aning Maximum Front Rear
District Height
interior
StrL'ct
Maximum Lot
Minimum Lot Area (Acres
Minimum
Site
Site
Covered
Or Sq. Ft.) G And H'
Lot
Width I'
MU 35' 30' 20' 7.5' 20' � 5,000 50'
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• Eagle City Code, Section 8- 2A -7(1): 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
Iot 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 (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 rive 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- 6 -5 -5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options, the following
design criteria shall be considered by the city:
A. Ail lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8 -2-4 of this title, except that a decrease in the minimum lot size
may be allowed if there is an "offsetting increase" of the same square footage in open
space and a favorable finding is made by the council that the smaller lots are appropriately
integrated into the overall design and that the building product type is compatible with the
PUD and surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point for
minimum open space, prior to any "offsetting increase" being added, shall be the area that is
equal to ten percent (10 %) of the site. This allowance shall only be permitted under the
following criteria:
1. The total common area open space shall be equal to or greater than twenty percent (20 %),
inclusive of the "offsetting increase" square footage.
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2. A favorable Finding by the council must be obtained assuring that character, identity and
architectural and siting variation are incorporated into the development and that these
factors make up a substantial contribution to the objectives of the PUD. These design
elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography, view,
sun and wind orientation, circulation pattern, physical environment, variation in
building setbacks and building grouping (such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under
section 8 -24 of this title.
• 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.
• Eagle City Code, Section 8- 6-5 -5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options, the following
design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8 -2-4 of this title, except that a decrease in the minimum lot size
may be allowed if there is an "offsetting increase" of the same square footage in open
space and a favorable finding is made by the council that the smaller Iots are appropriately
integrated into the overall design and that the building product type is compatible with the
PUD and surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point
for minimum open space, prior to any "offsetting increase" being added, shall be the area
that is equal to ten percent (10 %) of the site. This allowance shall only be permitted under
the following criteria:
1. The total common area open space shall be equal to or greater than twenty percent
(2070), inclusive of the "offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity
and architectural and siting variation are incorporated into the development and that
these factors make up a substantial contribution to the objectives of the PUD. These
design elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
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b. Siting, visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical environment,
variation in building setbacks and building grouping (such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone
under section 8 -2-4 of this title.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9 -3 -2: Streets and Alleys:
• Eagle City Code Section 9- 3 -2 -1: Location and Design:
Streets and road location and design shall conform to the following standards:
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.
• 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 (1O%) 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.
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.
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
Page 12 of 32
K:V'lanning DeplUA& ApplratwnuLtit'HS?? t1.M -dst ine Ranch Sub pd.dik
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 -617 of this title.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including, but
not limited to, designated parking and "no parking" areas, speed, stop, and such other
signs as are required for safe pedestrian and vehicle travel.
5. All private streets shall, during the progress of construction, be inspected and tested, at
the expense of the owner or developer, by a qualified inspector in order to ensure
compliance with the construction and design standards set forth in this section, the
construction drawings as prepared by the registered professional engineer, and good
engineering and construction practices. Reports of such inspections and tests shall be
submitted, together with a certification of such compliance, for the review and
approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public
right of way, or at one of the following approved turnaround areas:
a. A cul -de -sac designed in accordance with the provisions of subsection 9 -3 -2 -1 G
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.
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.
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.
Page 13 of 32
K U'Unning MpAUgX- Apph6olioadSUBSUC MRLduone Ranch Sub pxf d4K
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 shaII 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 homeowners7property 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
homeownersYproperty owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private street in accordance with the
approved plan as provided for in subsection Cl of this section. Said restrictive
covenant shall also provide that the said covenant shall run with the land and that the
said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the city.
The said restrictive covenant shall be reviewed and approved by the city attorney prior
to certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private street approved in accordance
with the provisions of this section to undertake such repair and maintenance activities
as it may determine is necessary to protect the public health, safety, or welfare and
make such expenditures from the funds reserved therefor as may be required thereby;
and the owner or responsible entity shall, as a condition of approval of any such
private street, be deemed to have agreed to comply with any such order and to
reimburse the city all of its costs, including attorney fees, incurred in obtaining or
enforcing any such order. Any order entered by the council pursuant to this subsection
may be enforced by a court of competent jurisdiction and the city shall be entitled to
recover its costs and attorney fees incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all
applicable components of the comprehensive plan.
• Eagle City Code Section, 9 -3 -5: Lots:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height
and area regulations as set forth in section 8 -24 of this code, except that lot sizes that vary
from the standards within section 8 -24 of this code may be considered as part of the
planned unit development.
Page 14 of 32
KAIILuu�ng IkpiUagk- ApplicaunnsGSUlitiL111SlNrdanrc Ranch Sub pd.Jok
• Eagle City Code Section 9 -3 -6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot Iines. Total easement width shall not be less than twelve feet (12'), except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of
the planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot Iines 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.
• Eagle City Code Section 9 -3 -7: Planting Strips and Reserve Strips:
Planting strips and reserve strips shall conform to the following standards:
Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed next to
incompatible features such as highways, railroads, commercial or industrial uses to screen the
view from residential properties and to provide noise mitigation for those residents. Such
planting strips/buffer areas shall be a minimum of twenty feet (20) wide unless a greater width
is required within section 8 -2A -7 of this code. The landscape strip/buffer area shall not be a
part of the normal street right of way and shall comply with all landscape/buffer area
requirements within section 8 -2A -7 of this code.
• Eagle City Code, Section 9- 4 -1 -6: PedestrianBicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6) to ten feet (10) in
width. Micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum eight feet (8) wide and shall be
located within a sixteen foot (16) wide pedestrian access easement, however, in an
area where low volume pedestrian traffic is anticipated, the council may consider a
reduction in pathway width to six feet (6). Regional pathways such as the Boise River
greenbelt and pathways located adjacent to major roadways shall be a minimum ten
feet (10) wide and shall be located within a twenty foot (20) wide pedestrian access
easement.
E. Responsibility: The following provisions are intended to provide guidance to those entities
that are responsible for construction, maintenance and/or liability for a pathway.
Installation costs, which may include construction of the paved path, are the responsibility
of the developer.
Homeowners' Association:
a. Pathway systems within a proposed subdivision providing access to private
common space and/or other amenities that are used solely by the residents of a
subdivision shall be the responsibility of the homeowners' association.
b. Where the residents of a subdivision will be the primary beneficiaries of a
pathway, and travel from adjoining neighborhoods will be minimal, a
homeowners' association may be required to take responsibility for that path.
Page 15 of 32
K..U'L mikng lVinWagk AppkiatutrblSllliSLlol. uLL%Ii °.nl Nawh Sub pzf.J(w
F. Sidewalk Design:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or
at the building setback line, is over one hundred feet (100'), sidewalks on only one
side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County highway district.
3. Sidewalks shall be separated from the edge of the abutting roadway and /or back of
curb by a minimum eight foot (8') wide landscape strip. The landscape strip shall be
completed with sod, automatic irrigation, and planted with three inch (3") minimum
caliper shade class trees along all streets within the subdivision. Installation of
landscaping shall be in accordance with section 8 -2A -7 of this code. The area within
the eight foot (8') wide landscape strip may be counted toward the minimum required
common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line.
Minor variations to the location of a tree may be considered by the design review
board during the review of the subdivision landscape plan.
• 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.
D. DISCUSSION:
As previously identified in the Project Summary, the applicant is requesting a rezone from R -3
(Residential) to MU -DA (Mixed Use with a development agreement [in lieu of a PUD]) and
preliminary plat approval for Redstone Ranch Subdivision, a 109 -lot (99- buildable and 10-
common) residential subdivision. The applicant is proposing 3.5 -acres or 34.8% of open space
within the subject site. The residential area of the proposed development provides building lots
ranging in size from 1,011- square feet to 3,302- square feet in size. Pursuant to Eagle City Code
Section 8 -2-4, the Mixed Use (MU) zoning designation requires a minimum lot size of 5,000 -
square feet. Pursuant to Eagle City Code Section 8- 6 -5 -2, a minimum of 2010 of the gross land
area developed in any residential PUD project shall be reserved for common area open space and
recreational facilities for the residents of users of the area being developed. Pursuant to Eagle City
Code Section 8.6- 5 -5(A), all lots within a PUD shall comply with the minimum lot size in the
underlying zone as established in Eagle City Code Section 8 -2-4, except that a decrease in the
minimum lot size may be allowed if there is an "offsetting increase" of the same square footage in
open space and a favorable finding is made by the council that the smaller Iots are appropriately
integrated into the overall design and that the building product type is compatible with the PUD
and surrounding area. The initial starting point for minimum open space, prior to any "offsetting
increase" being added, shall be the area that is equal to 1070 of the site. Based on the proposed lot
sizes and the required "offsetting increase" of open space required, the minimum open space for
the development would be 8.17 -acres or 81.2% of the subject site. The PUD Map, date stamped by
the City on December 8, 2015, identifies the proposed common lots with pathways, picnic area
with a gazebo, clubhouse and pool. The development consists of 3.5 -acres or 34.8/0 of the subject
site.
Page 16 of 32
K Wtuming Ikpt\Ea&, ApphcaiinwASURS520 IM-dslow kaach Sub ptf Jut
The ITD drainage facility for a portion of State Highway 55 (SH -55) is located at the northwest comer
of SH -55 and East Hill Road and is located directly across (east of) North Echohawk Way from the
subject site. The ITD right -of -way contains a drainage facility for the intersection. The ITD
drainage facility (approximately 1.4 -acres in size) is not landscaped nor maintained which creates an
eyesore to travelers who will be entering Redstone Ranch Subdivision from East Hill Road and
SH -55 (as shown below). To provide additional open space to supplement the open space
requirement for the development, the applicant should work with the City and ITD District 3 to
develop a landscaping plan that will enhance the existing ITD drainage facility located on the
northwest corner of SH -55 and East Hill Road. The additional open space would bring the total open
space for the development to 4.9 -acres in size (48.7%n). The design of the facility should be
incorporated into the overall development landscape plan and should be reviewed and approved by
the Design Review Board prior to submittal of a final plat application. The owner should obtain a
permit with ITD in regard to the landscaping located within the SH -55 right -of -way. The owner
should maintain and operate the landscaping in a competent and attractive manner, including the
watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code
and the ITD pen-nit, in perpetuity. The applicant should provide provisions within the CC &Rs
stating that the Redstone Ranch Subdivision Homeowners Association should have the duty to
maintain and operate the Iandscaped area located at the northwest comer of SH -55 and East Hill
Road in a competent and attractive manner, including the watering, mowing, fertilizing and caring
for shrubs and trees, in accordance with Eagle City Code and the ITD permit, in perpetuity.
View looking east from North Echohawk Way
Page 17 of 32
K U'iunning IkplUagk AppliiaW mV4UBS1:01Mdswnc Kim,h Sub pddiK.
(View lookin = west from SH -55)
The applicant provided several floor plans, date stamped by the City on June 18, 2015, which
shows the proposed residential units to have from one (1) to three (3) bedrooms. Since some of the
units will have three (3) bedrooms it is likely there will be children residing within the
development. The PUD Map, date stamped by the City on December 10, 20I5, does not show a
location for a tot lot. Based on the small size of the proposed residential lots (minimal room to
recreate on the individual lots) and the proposed lot coverage the applicant should be required to
provide a tot lot within the common lot (Lot 59, Block 2) where the clubhouse and pool are
located to allow children to recreate. The applicant should be required to provide a revised PUD
Map showing a tot lot located on Lot 59, Block 2, prior to submittal of a final plat application.
The subject property is bordered on the south by East Hill Road. The 2035 Planning Functional
Classification Map shows East Hill Road as a collector. The preliminary plat, date stamped by the
City on December 8, 2015, shows portions of Lot 1, Block 3, (Iocated adjacent to East Hill Road)
less than thirty -five feet (35') in width. Pursuant to Eagle City Code Section 8- 2A- 7(J)(4)(a), a 35-
foot wide buffer area with a minimum five to eight foot (5' to 8') high berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof is
required between the adjacent roadway and the residential lots. The applicant should provide a
revised preliminary plat showing the area of Lot 1, Block 3, (located adjacent to East Hill Road) to
be a minimum of thirty -five feet (35') in width for the required buffer area. The revised
preliminary plat should be provided prior to submittal of a design review application.
The applicant indicated within the provided narrative, date stamped by the City on December 10,
2015, that fencing will not be located around the residential Iots and a pedestrian easement will be
placed around the buildings so that all pedestrians have access to the walkway areas and common
areas within the subdivision. The preliminary plat, date stamped by the City on December 10,
2015, does not delineate the sidewalk or pathway easements on the map portion of the plat. Plat
note #7 states, "There shall be a blanket easement over all sidewalks for mutual use by all
homeowners for pedestrian access." The applicant should be required to provide a provision within
the CC &Rs that states fencing will be prohibited around the individual residential lots. The
applicant should also provide a revised preliminary plat delineating an easement area for the
sidewalks (paseos) located adjacent to and between the residential lots of the development. The
revised preliminary plat should be provided prior to submittal of a final plat application.
Pursuant to Eagle City Code, Section 9 -3 -5, lots within any subdivision shall comply in all
respects with the "Official Height and Area Regulations" as set forth in Section 8 -2-4. The
applicant is requesting a MU -DA (Mixed Use with a development agreement [development
agreement in lieu of a PUD]) zoning designation. The required setbacks within the MU (Mixed
Use) zone are as follows:
Page 18 of 32
K 5['"ing Ik'Pff-aglc An@6canr -.Al DS-1015kRct,.1•)ti Ranh Sur f +-,d(k
Front
20 -feet
Rear
20 -feet
Side
7.5 -feet
Street Side
20 -feet
Maximum Coverage
50
The applicant is proposing single - family dwellings and attached units (duplex) to be located on
lots separating each unit. Since approximately seventy (70) of the units will be attached on one (1)
side the applicant is requesting a "zero' side yard setback to facilitate the attached units. Also, the
applicant has indicated the homes are proposed to range from 1,100- square feet to 1,300- square
feet in size. As provided within applicant's narrative, date stamped by the City on December 10,
2015, the applicant is requesting the following setbacks:
Redstone Ranch Subdivision Setbacks
Lot Type
Minimum
Minimum
Front
Rear
Interior
Street
Maximum
Lot Size
Frontage
Frontage
Side
Side
Detached Units
1,000 SF
20 -feet
12 -feet
0 -feet
0 -feet
12 -feet
(Public Street)
Coverage
Detached Units
1,000 SF
20 -feet
12 -feet
Detached Units
1,000 SF
20 -feet
0 -feet
6 -feet
0 -Feet
5 -feet
(Private Street)
Detached Units
1,000 SF
Attached Units (2 Max)
1,000 SF
20 -feet
12 -feet
0 -feet
0 -feet
12 -feet
Public Street
Attached Units (2 Max)
1,000 SF
20 -feet
0 -feet
6 -feet
0 -feet
5 -feet
Private Street
Public Street
The applicant has indicated within the provided narrative, date stamped by the City on December
10, 2015, that since they are creating a medium density development that may be owned, the
building coverage of the lot will exceed the allowable fifty- percent (50%) coverage [sic). The
narrative further states that the reason for the request is to allow each lot to be owned with the
landscape maintenance being maintained by the HOA and not the individual owner. The applicant
did not make a request regarding the anticipated maximum lot coverage needed for the
development. Based on the Building Lot Coverage Exhibit, date stamped by the City on January
28, 2016, it appears the development will contain structures that will cover approximately 70% of
the residential lot, therefore, the maximum Iot coverage for the development should be a maximum
of 70%.
Staff recommends the following setbacks as measured from the property line:
Redstone Ranch Subdivision Setbacks
Lot Type
Minimum
Minimum
Front
Rear
Interior
Street
Maximum
Lot Size
Frontage
Side
Side
Lot
Coverage
Detached Units
1,000 SF
20 -feet
12 -feet
0 -feet
0 -feet
12 -feet
70%
(Public Street)
Detached Units
1,000 SF
20 -feet
0 -feet
6 -feet
0 -feet
5 -feet
70%
(Private Street)
Attached Units (2 Max)
1,000 SF
20 -feet
12 -feet
0 -feet
0 -feet
12 -feet
70%
Public Street
Attached Units (2 Max)
1,000 SF
20 -feet
0 -feet
6 -feet
0 -feet
5 -feet
70%
Private Street
Page 19 of 32
KAI annmg [kptll: gk ApphLati )rL0,N B%A,1f11S1kr61orc Kwkh Nub pzf.Juc
The preliminary plat, date stamped by the City on December 8, 2015, does not provide a plat note
regarding building setbacks. The applicant should be required to provide a revised preliminary
plat with a plat note that states, "Minimum building setback Iines shall be in accordance with the
Eagle City Zoning Ordinance at the time of issuance of a building permit or as specifically
approved pursuant to the Conditions of Development of the development agreement associated
with RZ -08 -15 and subsequent modifications." The revised preliminary plat should be provided
prior to the City CIerk signing the final plat.
The preliminary plat, date stamped by the City on December 8, 2015, does not contain a plat note
referencing the development agreement associated with the rezone (application #RZ- 08 -15) of the
property. Since the development agreement is being utilized in lieu of a planned unit development
the applicant should provide a revised preliminary plat which includes a new plat note that states,
"All development within this subdivision shall be consistent with the Conditions of Development
of the development agreement associated with RZ -08 -15 and subsequent modifications." The
revised preliminary plat should be provided prior to submittal of a final plat application.
The preliminary plat, date stamped by City on December 8, 2015, does not contain a plat note in
regard to access to East Hill Road or North Echohawk Way. The applicant should provide a
revised preliminary plat with a new plat note that states, "Direct lot access to East Hill Road and
North Echohawk Way is prohibited unless 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 preliminary plat, date stamped by the City on December 8, 2015, notes and shows the
subdivision will be served by six (6) private streets. The Eagle Fire Department provided
correspondence, date stamped by the City on September 3, 2015, which indicated that although the
proposed private streets are in conformance with the fire code parking in the subdivision will still
be an issue due to the narrow street widths and parking restrictions will be required. The Eagle
Fire Department will require that parking will only be permitted on one (1) side of the private
street and "No Parking -Fire Lane" signs be posted on the opposite side of the street. The
correspondence further states that any and all code enforcement with parking restrictions cannot be
enforced by the Eagle Police Department or the Eagle Fire Department on private roadways. The
fire department indicated that making the street public would address the enforcement issues that
will eventually occur. Pursuant to Eagle City Code Section 9- 3- 2 -5(A), private streets may provide
access to no more than 10- percent (10%) of the lots within a planned unit development provided
the Council determines that the private streets are in compliance with specific standards. Those
standards include safe and effective movement of both vehicular and pedestrian traffic, sidewalks,
and parking; private streets do not adversely affect access to adjacent property and to the area
travel networks; private streets do not land lock adjacent property; the private streets do not
connect one public street to another, and the alignment of the private streets does not interfere with
the continuity of public streets. Staff will defer to the Commission and Council regarding the
approval of this request. Should the Council approve the development with private streets, the
applicant should provide a revised preliminary plat which contains a plat note that: 1) conveys 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, 2) provide that such perpetual easement shall
run with the land, 3) provide that the restrictive covenant for maintenance of the private street
cannot be modified and the homeowners' /property owners' association or other entity cannot be
dissolved without the express consent of the City. The revised preliminary plat should be provided
prior to submittal of a final plat application.
Page 20 of 32
K:WUming ikptlIa&- AppkalkirOSURM,111IWWdslnnc Rxxh tiuh pddoc
The preliminary plat, date stamped by the City on December 10, 2015, shows a typical street
section for the private street with a 28 -foot wide street section (measured from back of curb to
back of curb) with rolled curb and gutter. Pursuant to Eagle City Code, Section 9- 3- 2- 5(B)(2),
vertical curbing is required for streets less than 34 -feet in width. Should the private streets be
approved, the applicant should provide a revised preliminary plat containing a typical street section
showing the private streets to be bordered by vertical curbing prior to submittal of a final plat
application.
The PUD Map, date stamped by the City on December 10, 2015, shows sidewalks (paseos) located
in front of the homes located adjacent to private streets. The applicant's narrative, date stamped by
the City on December 10, 2015, indicates they are not proposing sidewalks located adjacent to the
private streets. In lieu of sidewalks located adjacent to the private streets, they are providing
extensive paseos throughout the subdivision adjacent to and around all the units. In addition, those
paseos will have a 12 -foot public utility, drainage, and irrigation (PUDI) easement, for utilities and
pedestrian connectivity. The narrative further indicates the paseos provide a much nicer,
landscaped pedestrian connectivity system than the typical sidewalks located adjacent to the
streets. Eagle City Code defines sidewalks as the portion of the road right -of -way outside the
roadway which is improved for the use of pedestrian traffic. Since the proposed paseos are not
located adjacent to the street they serve as pathways throughout the development. The PUD Map
shows the internal pathways and sidewalks (paseos) at five -feet (5') in width. Eagle City Code
Section 9- 4- 1- 6(D)(1) indicates that micropathways within subdivisions which are designated for
primary use by the residences of the subdivision shall be a minimum width eight feet (8') and shall
be located within a sixteen foot (16') wide pedestrian access easement, however, in an area where
low volume pedestrian traffic is anticipated, the Council may consider a reduction in pathway
width to six feet (6') in width. The applicant should provide a revised PUD Map showing the
internal pathways and sidewalks (paseos located internal to the site) to be a minimum six feet (6')
in width prior to submittal of a final plat application.
Plat note #7 on PUD Map and the preliminary plat, date stamped by the City on December 10,
2015, states, "There shall be a blanket easement over all sidewalks for mutual use by all
homeowners for pedestrian access." The PUD Map shows several pressurized irrigation lines
which are located outside of easement areas. Neither the PUD Map nor the preliminary plat note
the PUDI easement and the PUDI easement is not delineated on the preliminary plat. The applicant
should provide a revised preliminary plat delineating a ten foot (10') wide public utility, drainage,
and irrigation easements located over the sidewalks (paseos) internal to the site. The revised
preliminary plat should also show all pressurized irrigation lines to be located within irrigation
easements. The revised preliminary plat should be provided prior to submittal of a final plat
application.
* Plat note #3 on the preliminary plat, date stamped by the City on December 10, 2015, states, "All
private streets shall have blanket easement for public utilities, lot drainage, and cross access." The
preliminary plat shows the private streets contained within Lot 5, Block 1, Lot 16, Block 2, and
Lot 15, Block 3. The applicant should provide a revised preliminary plat with plat note #3 revised
to state, "Lot 5, Block 1, Lot 16, Block 2, and Lot 15, Block 3 shall have blanket public utilities,
lot drainage, and cross access easements." The revised preliminary plat should be provided prior to
submittal of a final plat application.
The applicant is proposing to connect the pressurized irrigation system into the shared system that
will provide irrigation to Guerber Park, WyCliffe Estates Subdivision, Cedarfield Subdivision, and
Redstone Ranch Subdivision. The applicant should be required to execute the First Amended
Pressurized Irrigation Operation and Maintenance Agreement, approved by the City Council on
February 9, 2016 (attached hereto), prior to the submittal of a design review application.
Page 21 of 32
K UIUA ing WpNagE Ranh Sub prf doc
• Plat note #2 on the preliminary plat, date stamped by the City on December 10, 2015, states, "All
lots shall have a permanent easement for public utilities, street lights, irrigation, and lot drainage
over the 12 (twelve) feet adjacent to any public street." As discussed and conditioned previously,
the applicant will be required to provide additional easements that will not be located adjacent to a
public street. The applicant should be required to provide a revised preliminary plat with plat note
#2 revised to state, "Unless otherwise dimensioned, all lots shall have a permanent easement for
public utilities, street lights, irrigation, and lot drainage over the twelve feet (12') located adjacent
to any public street or as specifically identified on the preliminary plat." The revised preliminary
plat should be provided prior to submittal of a final plat application.
• The preliminary plat, date stamped by the City on December 10, 2015, shows the lots Iocated
within Block 3 are not numbered in sequential order. The applicant should be required to provide a
revised preliminary plat showing the lots located within Block 3 to be numbered in sequential
order. The revised preliminary plat should be provided prior to submittal of a final plat application.
• Due to the hillside area Iocated on the west side of the development the applicant is requesting the
use of an attached sidewalk located on the west side of Windmill Way to minimize the cut within
the sloped area. The applicant indicated within the provided narrative, date stamped by the City on
December 10, 2015, that they will provide a six foot (6') wide attached pathway for this section
only. The applicant should provide a revised preliminary plat showing a typical street section for
Windmill Way with a six foot (6') wide attached sidewalk with a six inch (6 ") high vertical curb
located on the west side of Windmill Way. The revised preliminary plat should be provided prior
to submittal of a final plat application.
The PUD Map, date stamped by the City on December 10, 2015, shows the pathway located
within the centralized common lots and providing access to the common lot that contains the
clubhouse and pool does not connect to the common lot nor does it continue to the clubhouse. The
applicant should provide a revised PUD Map showing the pathway located within the centralized
common lots to provide a connection to the clubhouse located within the large common lot located
adjacent to North Echohawk Way. The revised PUD Map should be provided prior to submittal of
a design review application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested rezone with
development agreement in lieu of a PUD and preliminary plat with conditions of approval as provided
within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the PIanning and Zoning Commission on February
16, 2016, 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 (l) individual (not including the applicant/ representative) who indicated the proposed
development will be an improvement to the area. The individual is supportive of a residential
development versus a commercial development at this location. The individual also indicated the
applicant should be required to landscape the fTD drainage area located at the northwest comer of SH-
55 and North Echohawk Way.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by three (3) individuals. The individuals were in agreement with regard to the
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need for the development agreement to contain additional language regarding the prohibition of multi-
family residential units located on the property and limiting the overall density that may be proposed
on the property. The project should be limited to single - family residential dwellings and no more than
two (2) single- family dwellings may be attached. In addition the exteriors of the residential dwellings
should be maintained by the homeowners association. The applicant should be required to landscape
the ITD drainage area located adjacent to the site (near the northwest comer of SH -55 and East Hill
Road). The individuals were also concerned with any development (gazebo and pathway) located on
the hillside due to deterioration of the hillside. One (1) individual requested a clause be placed in the
development agreement that requires the residential dwellings be owner occupied. The individual also
requested the number of residential dwellings be reduced from 99 to 80. The adjacent property owner
indicated that, based on the location of the western property line in relationship to the top of the hill
and the individual's barn, they would cover the cost of a lot line adjustment to provide additional
security from individuals who may trespass on the individual's property. The individual also requested
that the applicant be required to provide fencing located at the top of the hill and adjacent to the
western property line.
COMMISSION DELIBERATION: (Granicus time 1:58:23)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The proposed density may be slightly high for the surrounding area (two [2] members indicated the
proposed subdivision fits the concept for density in the area).
• The proposed product type and small lot size is a style of housing that is needed in Eagle.
• The proposed gazebo location on the hillside is a concern, however, the Commission is supportive of
an amenity to be located on the hillside, just not a gazebo.
• The applicant should be required to construct a fence located on top of the hill adjacent to the western
property line to deter trespassing on the adjacent neighbor's property. The fencing should have "No
Trespassing" signs attached.
• The applicant should be permitted to utilize rolled curb on the private streets.
• The ITD drainage area located adjacent to the site (northwest corner of SH -55 and East Hill Road)
needs to be beautified and the applicant should be required to work with ITD to landscape the drainage
area.
• There may be a possibility of using park impact fees for landscaping the ITD drainage area.
• The paseos (sidewalks) located between the residential units should be a minimum of six -feet (6') in
width.
• Reducing the number of residential units located adjacent to the northern boundary of the proposed
development should be considered.
COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT
AGREEMENT IN LIEU OF A PUD:
The Commission voted 3 to 0 (Koellisch and Smith absent) to recommend approval of RZ -08 -15 for a
rezone from R -3 (Residential) to MU -DA (Mixed Use with development agreement in Iieu of a PUD) for
A Team Consultants with the following staff recommended conditions of development to be placed within
a development agreement with underline text to be added by the Commission and strike through text to be
deleted by the Commission:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in the
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat review, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
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 the Agreement.
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3.2 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.
However, the residential use of this development proposal is recognized by Eagle and Owner as a
desired component to a mixed use development. The residential use depicted in the Concept Plan
with the provisions and allowances contained herein, shall be maintained and future conditional
use permits for the residential development will not be required.
3.3 The total number of residential units on the Property shall not exceed 99 -units (9.84 - dwelling units
per acre) in the aggregate.
3.4 Prior to City rezoning the property a letter of approval shall be provided to the City from the Eagle
Sewer District indicating that the property has been annexed into the Eagle Sewer District's
service boundaries. The applicant shall also provide documentation from Eagle Sewer District
approving the final construction plans prior to Eagle issuing a "Notice to Proceed" letter for
construction of the subdivision. A letter of approval shall be provided to the City from the Idaho
Department of Health and Welfare, Division of Environmental Quality, and/or Central District
Health, that the installed system is approved prior to issuance of any building permits.
3.5 As provided by the applicant, the architecture as shown on Exhibit "D" shall be the required
architecture standard for the development. To assure compliance with this condition, the applicant
shall create an architectural control committee (ACC) as a component of the development's
CC &Rs. Provisions regarding the creation and operating procedures of the ACC shall be included
in the CC &Rs, and shall be reviewed and approved by the City attorney prior to the approval of
the first final plat.
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.
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 required architectural style as
shown on Exhibit "D ".
3.6 Owner shall provide a tot lot within the common lot containing the clubhouse and pool (as
identified on the PUD Map, date stamped by the City on December 10, 2015). Owner shall
provide a revised PUD Map showing a tot lot located on Lot 59, Block 2 (as identified on the
preliminary plat, date stamped by the City on December 10, 2015), prior to submittal of a design
review application.
3.7 Owner shall work the City and ITD District 3 to develop a landscaping plan that will enhance the
existing ITD drainage facility located on the northwest corner of SH -55 and East Hill Road. The
design of the facility shall be incorporated into the overall development landscape plan and shall
be reviewed and approved by the Design Review Board prior to submittal of a final plat
application. Owner shall obtain a permit with ITD in regard to the landscaping Iocated within the
SH -55 right -of -way. Owner shall maintain and operate the landscaping in a competent and
attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in
accordance with Eagle City Code and the ITD permit, in perpetuity. City shall work with Owner to
find cost saving options and/or the ability to help fund the landscaping and maintenance of the
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ITD drainage area. If ITD does not approve a permit for landscaping located within the SH -55
right-of-way, this Condition of Development is deemed satisfied.
3.8 The conditions, covenants, and restrictions for the Property shall contain at least the following:
(a) Provide that the association(s) shall have the duty to maintain and operate all of the common
landscape areas in the subdivision in a competent and attractive manner, including the
watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City
Code, in perpetuity.
(b) Provide that the association shall have the duty to maintain and operate the landscaped area
located at the northwest corner of SH -55 and East Hill Road in a competent and attractive
manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in
accordance with Eagle City Code, in perpetuity.
(c) A maintenance manual for the private streets requiring the association(s) shall have the duty to
maintain and operate all of the private streets including the repair and replacement of asphalt
and sidewalks, in perpetuity.
(d) A requirement that parking is allowed only permitted on one (1) side of the private streets and
a mechanism for the enforcement of the no parking requirement.
(e) Prohibition of fencing located on the individual residential lots.
(f) 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.
3.9 The Concept Plan shows the locations of all buildings within the development. The setbacks shall be
as follows:
Redstone Ranch Subdivision Setbacks
Lot Type
Minimum
Minimum
Front
Rear
Interior
Street
Maximum
Lot Size
Frontage
Side
Side
Lot
Coverage
Detached Units
1,000 SF
20 -feet
12 -Feet
0 -feet
0 -feet
12 -feet
6970%
(Public Street)
Detached Units
1,000 SF
20 -feet
0 -feet
6 -feet
0 -feet
5 -feet
6070%
(Private Street)
Attached Units (2 Max)
1,000 SF
20 -feet
12 -feet
0 -feet
0 -feet
12 -feet
6070%
Public Street
Attached Units (2 Max)
1,000 SF
20 -feet
0 -feet
6 -feet
0 -feet
5 -feet
6970%
Private Street
3.10 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed common areas throughout the development, 3)
landscape screening details and buffering located adjacent to East Hill Road, 4) elevation plans for
the clubhouse, pool, and any proposed common area structures, 5) useable amenities such as picnic
tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, and 6)
landscape design and planting details within the ITD SH -55 right -of -way located at the northwest
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corner of East Hill Road and SH -55. The design review application shall be reviewed and approved
by the Eagle Design Review Board prior to the submittal of the first final plat.
3.11 Provide a license agreement from ACHD and ITD approving the landscaping located within the
public right -of -ways prior to the City Clerk signing the Final plat.
3.12 Owner shall provide a revised Concept Plan showing the gazebo area removed from the common lot
located adjacent to the west nroaerty line.
3.13 Owner shall construct a fence Iocated adjacent to the western boundM of the development prior to
the issuance of any building permits within the development.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (KoeIlisch and Smith absent) to recommend approval of PP -08 -15 for a
preliminary plat for Redstone Ranch Subdivision for A Team Consultants with the following staff
recommended site specific conditions of approval and standard conditions of approval with underline text
to be added by the Commission and strike through text to be deleted by the Commission:
I. Comply with all conditions within the development agreement for rezone application RZ- 08 -15.
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 with a plat note that states, "Minimum building setback lines shall
be in accordance with the Eagle City Zoning Ordinance at the time of issuance of a building permit or
as specifically approved pursuant to the Conditions of Development of the development agreement
associated with RZ -08 -15 and subsequent modifications." The revised preliminary plat shall be
provided prior to submittal of a final plat application. (ECC 8 -2-4)
5. Provide a revised preliminary plat which includes a new plat note that states, "AIl development within
this subdivision shall be consistent with the Conditions of Development of the development agreement
associated with RZ -08 -15 and subsequent modifications." The revised preliminary plat shall be
provided prior to submittal of a final plat application. (ECC 8 -2 -1)
6. Provide a revised preliminary plat with a new plat note that states, "Direct lot access to East Hill Road
and North Echohawk Way is prohibited unless approved by the Ada County Highway District and the
City of Eagle." The revised preliminary plat shall be provided prior to submittal of a final plat
application.
7. Provide a revised PUD Map showing the internal pathways and sidewalks (paseos located internal to
the site) to be a minimum six feet (6') in width prior to submittal of a final plat application. (ECC 9-4-
1-6[D][]])
8. The applicant shall provide a revised preliminary plat showing public streets. If the City Council
approves the proposed private streets the applicant shall provide a revised preliminary plat which
contains a plat note that a) conveys to each lot owner within the subdivision to be served by the private
streets the perpetual right of ingress and egress over the described private street, b) provide that such
perpetual easement shall run with the land, c) provide that the restrictive covenant for maintenance of
the private street cannot be modified and the homeowners' /property owners' association or other entity
cannot be dissolved without the express consent of the city. The revised preliminary plat shall be
provided to the City prior to submittal of a final plat application. (ECC 9- 3- 2- 5[C][2])
9. If the City Council approves the private streets, "No Parking -Fire Lane" signs shall be erected on one
(1) side of the private streets prior to issuance of any building permits for residential dwellings.
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10. If the City Council approves private streets the applicant shall provide a revised preliminary plat
containing a typical street section showing the private streets to be bordered by venieaI rolled curbing
prior to submittal of a final plat application. (ECC 9- 3- 2- 5[B][21)
11. Provide a revised preliminary plat showing the area of Lot 1, Block 3, (located adjacent to East Hill
Road) to be a minimum of thirty -five feet (35') in width to allow for the required buffer area. The
revised preliminary plat shall be provided prior to submittal of a design review application. (8 -2A-
7[1][4][a])
12. Provide a revised preliminary plat delineating a 10 -foot wide public utility, drainage, and irrigation
easements located over the sidewalks (paseos) internal to the site. The revised preliminary plat shall
also show all pressurized irrigation lines to be located within irrigation easements. The revised
preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9 -3 -6)
13. Provide a revised preliminary plat with plat note #2 revised to state, "Unless otherwise shown and
dimensioned, all lots shall have a permanent easement for public utilities, street lights, irrigation, and
lot drainage over the twelve feet (12') located adjacent to any public street or as specifically identified
on the preliminary plat." The revised preliminary plat shall be provided prior to submittal of a final
plat application. (ECC 9 -3 -6)
14. Provide a revised preliminary plat with plat note #3 revised to state, "Lot 5, Block 1, Lot 16, Block 2,
and Lot 15, Block 3 shall have blanket public utilities, lot drainage, and cross access easements." The
revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9 -3 -6)
15. Provide a revised preliminary plat showing the lots located within Block 3 to be numbered in
sequential order. The revised preliminary plat shall be provided prior to submittal of a final plat
application. (ECC 9- 2- 3[C][3]U]
I6. Provide a revised preliminary plat showing a typical street section, for Windmill Way, with a six foot
(6') wide attached sidewalk and six inch (6 ") high vertical curb located on the west side of Windmill
Way. The revised preliminary plat shall be provided prior to submittal of a final plat application.
17. Fencing shall be prohibited on the individual residential lots within the development.
18. Provide a revised PUD Map showing the pathway located within the centralized common lot to
provide a connection to the clubhouse located within the large common lot located adjacent to North
Echohawk Way. The revised PUD Map shall be provided prior to submittal of a design review
application.
19. The pressurized irrigation system has been approved as a shared system between the City of Eagle,
WyCliffe Estates Subdivision, Cedarfield Subdivision, and Redstone Ranch Subdivision. The
applicant shall execute the First Amended Pressurized Irrigation Operation and Maintenance
Agreement, approved by the City Council on February 9, 2016, prior to the submittal of a design
review application.
20. The Red Stone Ranch Subdivision shall remain under the control of one Homeowners Association.
(ECC 9- 34[D][4])
21. The applicant shall place a note on the final plat stating that, "The pressurized irrigation system shall
be maintained in accordance with the First Amended Pressurized Irrigation Operation and
Maintenance Agreement, Ada County Instrument . (ECC 9-4-1-9[C] [I I [a])
22. The applicant shall place a note on the final plat that states all common lots are to be owned and
maintained by the Redstone Ranch Homeowner's Association prior to the City Clerk signing the final
plat. (ECC 9- 3- 8[D][4])
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23. The applicant shall provide CC &Rs which includes a requirement stating that the Homeowner's
Association shall have the duty to maintain all common area improvements in the subdivision and are
maintained in a competent and attractive manner, including the clubhouse maintenance, tot lot
maintenance, pool maintenance, gazebo maintenance, pathway and sidewalk maintenance, and
watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][ I])
CONCLUSIONS OF LAW:
The Commission reviewed the particular facts and circumstances of this proposed development
agreement (RZ- 08 -15) 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 is in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The zoning designation of MU -DA (Mixed Use with a development agreement) is consistent with
the Mixed Use designation as shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. The proposed MU -DA (Mixed Use with a Development Agreement ) zone is compatible with the
MU -DA (Mixed Use with a development agreement) zone and land use to the north since this area
is currently being developed with a single- family residential development and the proposed
development provides a transition to the property from East Hill Road. The proposed development
will also contain a buffer located adjacent to the northern boundary line between the proposed
development and Cedarfield Subdivision (currently under construction);
d. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the
R -3 (Residential), MU -DA -P (Mixed use with a development agreement -- PUD), and MU -DA
(Mixed Use with development agreement) zones and land uses to the south since the developments
to the south contain a residential subdivision and mixed use development inclusive of commercial
uses. The applicant is also required to provide a buffer area located between the proposed
development and East Hill Road (collector) which separates the proposed development from the
adjacent developments to the south;
e. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the
BP (Business Park) zone and land use to the east since North Echohawk Way and State Highway
55 separate the proposed development from the property located east of the development;
f. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the
R -1 (Residential) zone and land use to the west since the proposed development contains a large
common lot located adjacent to the western property Iine and the applicant is required to provide a
fence Iocated adjacent to the western boundary line as conditioned herein;
g. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan and the applicant has submitted the required documentation and
applications to address the city's concerns regarding development within those areas;
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. The applicant is proposing to construct the development in three (3) phases over a two (2) to three
(3) year construction schedule beginning in the summer of 2016;
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k•U'LVWng NpiU4L AppliCatwnclSUEiS11[1151RcJstoK Rarm h Sub pd,dik
b. Provide documentation to show that you 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 Eagle Legacy, LLC, who will develop the lots and build the buildings
within the development;
c. That the proposed development is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community because;
The proposed development is a medium/high density project development that will provide a
housing type and lot size that is currently not available within the city. The proposed development
will advance the general welfare of the community and neighborhood since it is designed to be in
conformance with the Comprehensive Plan.
d. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area because;
Redstone Ranch Subdivision is proposed to be developed in a manner that is harmonious with
existing and future uses in the immediate vicinity. The development consists of single - family and
attached single- family residential dwellings. The development will have common lots that contain
a large clubhouse, swimming pool, pathways, buffering, and extensive landscaping.
e. 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;
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 North Echohawk Way and a network of internal public and private
streets.
That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools because;
All central services are 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 Redstone Ranch Subdivision will offset additional
costs to public services that will serve this development. ACHD, ITD, Eagle Fire, Eagle Sewer
District, and Eagle Water Company have reviewed the proposed development and indicate that
capacity exists to adequately serve this development.
g. That the development will not create excessive additional requirements at public cost for public
facilities and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses. The residential units will be provided vehicular access to the
garages from private streets.
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h. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and /or other special features which would not typically be provided in a
non -PUD proposal because;
Redstone Ranch Subdivision will contain 34.870 of dedicated open space with a clubhouse, pool,
and several pathways and paseos located throughout the development. In lieu of providing
additional on -site required open space the applicant is required to landscape the adjacent [TD
drainage area located at the northwest corner of SH -55 and East Hill Road.
i. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
Access is to the development is provided via two (2) public streets providing connection to North
Echohawk Way at the eastern property boundary. The development will not have direct access to
East Hill Road (collector).
That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
Historically, this site has been subject to heavy industrial use as a gravel extraction pit.
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan because;
The proposed development is in accordance with the Comprehensive Plan since the plan calls for
Mixed Use for the overall development with medium/high density residential. Pursuant to the
Comprehensive Plan medium/high density allows for residential housing with a density of 8 -12
dwelling units per acre. The proposed density of the development is 9.84 dwelling units per acre.
I. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8 because;
This applicant requested approval for a development agreement in lieu of a PUD 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 Codes and conditions of approval of the design review. The proposed
development will include a mix of single - family and attached single - family residential units. The
attached single- family units are not to exceed more than two (2) attached units as shown on the
Concept Plan and PUD Map.
m. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations because;
Residential is the only use approved for this development. The proposed development is designed
to be in conformance with Eagle City Code Section 8- 6 -1(C), Planned Unit Development,
Objective.
n. Provide an estimate of the public service costs to provide adequate service to the development;
The water, sewer, and roadways will be constructed and funded by the developer. The public
services must be approved at the time of installation and before acceptance by the respective
agencies. Because the developer provides the services in the initial stages of development the
public service providers avoid potential liability and expenses. The revenue generated from taxes
will cover the additional manpower necessary to serve this property once developed. The public
services that will be provided to the development include the following:
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Fire
The project is located within the Eagle Fire District.
Police
The project will be served by the Eagle Police Department.
Water
The project is located within the Eagle Water Company's certificated area.
Sewer
The project will be required to annex into the Eagle Sewer District and comply with the
requirements of the Eagle Sewer District.
Road Construction
The construction of all interior roads and private streets will be completed by the developer. Upon
completion the public roads will be dedicated to ACHD.
Parks and Open Space
The development will contain approximately 34.8% of passive and active open space providing
residents a variety of recreation options from which to choose. A system of private pathways will
provide pedestrians with a safe and efficient way to move throughout the property.
Maintenance
The maintenance of any private open space areas and private streets will be regulated by the
Redstone Ranch Subdivision Homeowner's Association. The public roads will be maintained by
ACHD. The sewer and water systems will be publicly owned and maintained once installed.
Schools
The residents of Redstone Ranch Subdivision are located in the West Ada School District
boundaries.
o. Provide suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the development.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. Because the developer provides the services in the initial stages
of the development the public service providers avoid potential liability and expenses.
p. The estimated tax revenue generated to the City of Eagle from the development is approximately
$362,426.00Iyear (without Homeowner's Exemption).
3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP- 08 -15) 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 requested preliminary plat complies with the approved zoning designation of MU -DA (Mixed
Use with a development agreement).
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City
Code since the development is consistent with the Comprehensive Plan Land Use Map designation
of Mixed Use, Guerber Park Planning Area, and provides the required improvements for a
subdivision or as may be conditioned herein;
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use will
not change the essential character of the same area and because this site will be designed in
accordance with the provisions of the Comprehensive Plan, requirements of the proposed
development agreement, standards of Eagle City Code and the Eagle Architecture and Site Design
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s lftummg cx�rs � 1j?plwai tiinslSU1 {s4?ut SlN: �, .. N urn s.,� re, dix
book (EASD);
d. Will not create excessive additional requirements at public cost for facilities and services as the
site will be served with central sewer from the Eagle Sewer District and will use public water to be
served from Eagle Water Company. Fire protection will be available from the Eagle Fire
Department and fire hydrants will be provided where required;
e. Will have vehicular approaches to the property designed to not create an interference with traffic
on surrounding public thoroughfares since the project is required to be reviewed and approved by
the Ada County Highway District and is subject to the conditions herein;
f. While there is no capital improvement program, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
individual lots as conditions of approval;
g. That based upon agency verification and additional written comments provided, or as conditioned
herein, there is adequate public financial capability to support the proposed development;
h. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of the preliminary
plat and subsequent final plat approval as set forth within the conditions of approval herein.
DATED this 7th day of March, 2016
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
+� +i�,usl�.�.�••••
Z7
•. `10 ••Mt••••••
Trent Wright, Chairman
Q•, G�•p�QORq�.=�'
�.
ATTEST:
Sharon K. Ba le i=lerk�-�
OF
"•••,ret.s0"
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis.
Page 32 of 32
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