Findings - CC - 2016 - RZ-08-15/PP-08-15 - Rezone With Da In Lieu Of Pud And PpBEFORE THE EAGLE CITY COUNCIL
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/PP-08-15
The above -entitled rezone with development agreement in lieu of a PUD and preliminary plat applications
came before the Eagle City Council for their action on April 12, 2016, at which time public testimony was
taken and the public hearing was closed. The Council denied the applications at that time.
On June 14, 2016, in accordance with Idaho Code Section 67-6510 and pursuant to the applicant's request,
the City Council agreed to enter into mediation regarding the above -entitled applications.
Following mediation, the above -entitled revised applications came before the Eagle City Council for their
action on August 9, 2016, at which time public testimony was taken and the public hearing was closed. The
Eagle City Council, having heard and taken oral 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 52 -lot (46 -buildable, 4 -common, 2 -
private drive lots) 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, 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.
Following mediation on June 29, 2016, a revised preliminary plat was submitted on July 20, 2016
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.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on March 28,
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 March 25, 2016. The site was posted in accordance with Eagle City
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Code on March 28, 2016.
Post Mediation:
Notice of Public Hearing on the for the Eagle City Council was published in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on July 25, 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 July 25, 2016. The site was posted in accordance with Eagle City Code on July 27,
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 language 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
Three (up to three (3) units per acre) to Mixed Use for the property (CPA -01-13).
On April 12, 2016, the City Council denied a preliminary plat for Redstone Ranch Subdivision
(RZ-08-15/PP-08-15).
On June 29, 2016, mediation pursuant to Idaho Code Section 67-6510 was conducted which
included City of Eagle representatives, applicant representatives, and neighborhood representatives
as identified within the Mediation Summary, dated July 15, 2016 (incorporated herein by
reference).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF THE REZONE AND REVISED
PRELIMINARY PLAT:
See attached revised justification letter dated July 20, 2016 (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).
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H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
h DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
SITE DATA:
Total Acreage of Site — 10.06 -acres
Total Number of Lots — 52
Total Number of Units - 46
Residential — 46
Commercial — 0
Industrial — 0
Common — 4
Private Drive — 2
Single-family — 46
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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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. 1 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
h DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
SITE DATA:
Total Acreage of Site — 10.06 -acres
Total Number of Lots — 52
Total Number of Units - 46
Residential — 46
Commercial — 0
Industrial — 0
Common — 4
Private Drive — 2
Single-family — 46
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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Additional Site Data
Proposed
Required
Dwelling Units Per Gross Acre
4.6 -dwelling units per acre
4.6 -dwelling units per
acre (as limited within the
development agreement)
Minimum Lot Size
5,036 -square feet
5,000 -square feet
Minimum Lot Width
23 -feet
50 -feet (minimum)
Minimum Street Frontage
23 -feet
35 -feet
Total Acreage of Common Area
3.14 -acres*
1.81 -acres
Open Space
Percent of Site as Common Area Open
31.2%
20%
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 drive common lots
K. GENERAL SITE DESIGN FEATURES:
Pathway Areas:
The revised preliminary plat, date stamped by the City on July 20, 2016, shows five-foot (5') wide
pathways providing interconnectivity through the centralized common area (Lot 7, Block 3). The
revised preliminary plat also shows a five-foot (5') wide pathway providing connectivity from East
Hill Road to the rear of a residential lot (Lot 9, Block 1).
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 is required to be provided within the buffer
area.
Open Space:
The usable open space consists of four (4) common lots. The open space common lots are
proposed to contain landscaping, buffer area (located adjacent to East Hill Road), pathways, a
plaza/sitting area, a bocce ball court, and a picnic area with a gazebo located in the center of the
development.
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
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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, unless a
decreased width is approved as part of a planned unit development. 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 a joint pressurized
irrigation system with Wycliffe Estates Subdivision, Cedarfield Subdivision (formerly known as
Gateway Subdivision) and the City of Eagle (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_ofthe subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
L. STREET DESIGN:
Public Streets:
The street section for the public street shows 40 -foot right-of-way inclusive of a 29 -foot roadway
section (measured from back of curb to back of curb) with either a standard rolled curb or 6 -inch
vertical curb and 5.5 -feet of the 6.5 -foot 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 detached sidewalk on each side of the street.
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 located on both sides
of the public streets.
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.
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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 PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways/Pathways: See Section "K" herein.
Bike Paths:
Eagle City Code section 94-1-7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right-of-way or separate easement, as may be specified by the City Council.
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 utilized for common area and the rear portion of Lots 12-22, Block 1
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
S. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the original staff
report associated with the original preliminary plat proposal:
City Engineer: All comments within the Engineer's letters dated, December 14, 2015, are of special
concern (attached to the staff report). (The comments on the Engineer's letter were associated with
the original preliminary plat proposal.)
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
Settlers Irrigation District
Tesoro Logistics NW Pipeline
T. LETTERS FROM THE PUBLIC: None received to date.
U. IDAHO CODE 67-6510 MEDIATION — TIME LIMITATIONS TOLLED:
(1) The procedure established for the processing of applications by this chapter or by local
ordinance shall include the option of mediation upon the written request of the applicant, an
affected person, the zoning or planning and zoning commission or the governing board.
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Mediation may occur at any point during the decision-making process or after a final decision
has been made. If mediation occurs after a final decision, any resolution of differences through
mediation must be the subject of another public hearing before the decision-making body.
(2) The applicant and any other affected persons objecting to the application shall participate in at
least one (1) mediation session if mediation is requested by the commission or the governing
board. The governing board shall select and pay the expense of the mediator for the first
meeting among the interested parties. Compensation of the mediator shall be determined
among the parties at the outset of any mediation undertaking. An applicant may decline to
participate in mediation requested by an affected person, and an affected person may decline
to participate in mediation requested by the applicant, except that the parties shall participate
in at least one (1) mediation session if directed to do so by the governing board.
(3) During mediation, any time limitation relevant to the application shall be tolled. Such tolling
shall cease when the applicant or any other affected person, after having participated in at least
one (1) mediation session, states in writing that no further participation is desired and notifies
the other parties, or upon notice of a request to mediate wherein no mediation session is
scheduled for twenty-eight (28) days from the date of such request.
(4) The mediation process may be undertaken pursuant to the general limitations established by
this section or pursuant to local ordinance provisions not in conflict herewith.
(5) The mediation process shall not be part of the official record regarding the application
V. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: Not provided.
W. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and
how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non -PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
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10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
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.
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 limited 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.
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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
pr6per 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.
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:
0 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
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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 8-2-4 Schedule of Building Height and Lot Area Regulations for the MU
(Mixed Use) zone:
Zoning Maximum Front Rear Interior Street Maximum Lot Minimum Lot Area (Acres Minimum
District Height Side Side Covered Or Sq. Ft.) G And H* Lot
Width I*
MU 35' 20' 20' 7.5' 20' S0% 5,000 50'
• Eagle City Code, Section 8 -2A -7(J): Buffer Areas/Common Lots:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions and
multi -family developments, shall be buffered from streets classified as collectors, arterials,
freeways, or expressways, to protect residential communities from noisy, potentially
dangerous, high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area open space owned and maintained
by a homeowners' association. Any landscaping proposed to be within the public right of way
shall not be included as a part of the buffer area required below. The height for
berming/fencing, as noted below, shall be measured from the elevation of the final grade of the
adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The
required buffer area width, plantings, and fencing are as follows:
a. Any road designated as 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 five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three
feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall is to be provided in
combination with the berm, a four foot (4') wide flat area shall be provided for the
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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:
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:
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 9-3-2-2: Street Widths:
A. Street and road right of way widths, grade, alignment, and so forth, shall conform to the adopted
major street plan or comprehensive plan and shall be approved by the highway district and/or
other agency having jurisdiction.
• Eagle City Code Section, 9-3-5: Lots:
A. Zoning: Lois within any subdivision -shall comply in all respects with the official height and
area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from
the standards within section 8-2-4 of this code may be considered as part of the planned unit
development.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot
lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement
widths, to coincide with respective setbacks, may be considered as part of the planned unit
development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement
along side lot lines or as required by the city council. Total easement width, including the utility
easement, shall not be less than twelve feet (12'), except that lesser 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 9-3-8 (C)
Special Development: In the case of planned unit developments and large scale developments, the
city council may require sufficient public and/or private park or open space facilities of acceptable
size, location and site characteristics that may be suitable for the proposed development.
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• Eagle City Code Section 9-3-10: Fences
Any fencing located adjacent to common area open spaces and on the street side of all corner
lots shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in subsection 8 -2A -7J of this code. Chainlink, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted within the above designated areas. A section
within the subdivision CC&Rs shall be created for the regulation of fences to this effect.
• Eagle City Code, Section 9-4-1-6: Pedestrian/Bicycle 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.
1. 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.
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.
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• 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 52 -lot (46 -buildable, and 6 -common)
residential subdivision. The applicant is proposing 3.14 -acres or 31.2% of open space (not inclusive
of driveway common lots) within the subject site.
• The ITD drainage facility for a portion of State Highway 55 (SH -55) is located at the northwest
corner 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). In accordance with Eagle City Code Section 9-3-8 (C), 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 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/license agreement from ITD with regard to the
landscaping located within the SH -55 right-of-way. The owner should maintain 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/license agreement, 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 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 and the ITD permit, in perpetuity. The City may elect to enter into a cost share
agreement with the Owner regarding the future maintenance of the landscaping.
View looking east from North Echohawk Way
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(View looking west from SH -55)
• 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:
Front 20 -feet
Rear 20 -feet
Side 7.5 -feet
Street Side 20 -feet
Maximum Coverage 50%
The revised preliminary plat, date stamped by the City on July 20, 2016, identifies the proposed
setbacks as follows:
Front: 20 -feet
Rear: 15 -feet
Side: 5 -feet
Street Side: 20 -feet
Lot Coverage: 50%
The revised preliminary plat, date stamped by the City on July 20, 2016, 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 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 should be provided prior to the
City Clerk signing the final plat.
The revised preliminary plat, date stamped by the City on July 20, 2016, 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
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modifications." The revised preliminary plat should be provided prior to submittal of a final plat
application.
The revised preliminary plat, date stamped by City on July 20, 2016, does not contain a plat note
regarding 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.
Plat note #2 on the revised preliminary plat, date stamped by the City on July 20, 2016, 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, "All lots shall have a permanent easement for public utilities, street lights,
irrigation and lot drainage over the 12 -feet adjacent to any public street and rear property line. All
lot lines shall have a permanent easement for public utilities, irrigation, and lot drainage over the
5 -feet adjacent to any interior lot line. The revised preliminary plat should be provided prior to
submittal of a final plat application.
The revised preliminary plat, date stamped by the City on July 20, 2016, has not been reviewed and
approved by ACHD--The-street-section-shown on -the preliminary -plat shows -40 -foot right-of-way
inclusive of a 29 -foot roadway section (measured from back of curb to back of curb) with either a
standard rolled curb or 6 -inch vertical curb and 5.5 -feet of the 6.5 -foot landscape strip located on
each side of the street. The applicant should be required to provide correspondence from ACHD
indicating that the revised preliminary plat has been reviewed and approved by ACHD prior to
submittal of a final plat application.
The revised preliminary plat, date stamped by the City on July 20, 2016, shows five-foot (5') wide
pathways located within Lot 7, Block 3. Pursuant to Eagle City Code Section 9-4-1-6,
micropathways located within subdivisions for the primary use by the residences of the subdivision
are to be a minimum of eight feet (8') in width, however, in an area where low volume pedestrian
traffic is anticipated, the Council may consider a reduction in pathway width to six feet (6'). The
proposed subdivision contains a 46 -lots and will contain sidewalks throughout the subdivision
which will be located adjacent to three (3) sides of the common lot where the proposed pathway
will be located. Based on the number of lots and the sidewalks located adjacent to the common lot
it is anticipated that the pathways located within the common lot would have low volume pedestrian
traffic. The applicant should be required to provide a revised preliminary plat showing the pathways
located within Lot 7, Block 3, to be a minimum of six feet (6') in width prior to submittal of a final
plat application.
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).
• The revised preliminary plat, date stamped by the City on July 20, 2016, shows a five-foot (5')
wide pathway providing connectivity from East Hill Road to the rear lot line of Lot 9, Block 1 (Lot
9 is a buildable lot). The applicant should provide a revised preliminary plat showing the pathway
relocated to the west so that it connects with Lot 11, Block 1 (common lot) prior to submittal of a
final plat application.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT (prior to mediation):
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 Planning 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 (1) 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 ITD drainage area located at the northwest corner 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
need for the development agreement to contain additional language regarding the prohibition of multi-
family residentialunitslocated 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 corner 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.
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• 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 lieu of a PUD) for
A Team Consultants with the following staff recommended conditions on development to be placed within
a development agreement as provided within their findings of fact and conclusions of law, dated March 7,
2016.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Koellisch 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 provided within their
findings of fact and conclusions of law, dated March 7, 2016.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on April 12, 2016, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/ representative).
C. Oral testimony in opposition of the application was presented to the City Council by five (5) individuals
who expressed the following concerns:
• The proposed density of 10-units/acre is too high for the area.
• The density identified in the Comprehensive Plan was to be utilized for senior housing.
• The proposed product type is experimental and it is questionable if it will work in this area.
• The applicant should be required to landscape the ITD right-of-way area located at the northwest
corner of SH -55 and East Hill Road.
• The property should be developed with a density and lot sizes similar to Paddy Row Subdivision
or Lonesome Dove Subdivision.
• The style of homes should be non-attached single -story single-family dwellings.
• The zoning classification for the property should be a Residential designation not Mixed Use since
the applicant is not proposing any commercial uses.
• It is difficult for a homeowner's associations to enforce "No Parking" rules on private streets.
• The design of the development should be more uniform to provide a better transition to the adjacent
properties.
• The building's exteriors should be maintained by the homeowner's association.
• In the event of an emergency the fire department may have access issues due to the narrowness of
the proposed private streets.
• There are approved multi -family developments within Eagle that have less density than the
proposed project.
• The development does not contain sufficient parking for the residents and guests.
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D. Oral testimony neither in opposition nor in favor of the application was presented to the City Council
by two (2) individuals. One (1) individual indicated a concern with the ability of accessing trash
receptacles based on the narrowness of the private streets. The individual also indicated that the
homeowners association may be responsible for refuge disposal. The other individual indicated they
have a concern with individuals trespassing on their property located adjacent to the subject site. The
individual also indicated that the west boundary of the property (top of hill) contains an area that is the
same grade as the individual's property, which may encourage people to congregate in the area creating
a safety concern. The individual requested that a lot line adjustment be completed in exchange for not
being required to fence the property and the amount of area exchanged with the lot line adjustment be
reduced from the required open space for the subject subdivision.
COUNCIL DECISION:
On April 12, 2016, the Council voted 4 to 0 to deny RZ-08-15 for a rezone from R-3 (Residential) to MU -
DA (Mixed Use with development agreement in lieu of a PUD) for A Team Consultants. A favorable
decision would be provided if the following items were addressed: 1) the amount of open space was
increased to be in conformance with Eagle City Code Section 8-6-6-5, 2) the setbacks were increased in
width, 3) removal of the private streets or, if used, provide access to no more than 10% of the lots within
the PUD, 4) a reduction of density to be compatible with the adjacent developments, 5) increase the widths
of streets serving the residential units, 6) increase the lot sizes, 7) reduce the maximum lot coverage allowed,
and 8) increase parking for guests.
On April 12, 2016, -the -Council -voted 4 to 0 -to deny PP -08-15 for a -preliminary plat for Redstone Ranch
Subdivision for A Team Consultants. A favorable decision would be provided if the preliminary plat was
modified to address the items identified in the Council decision regarding the rezone with development
agreement in lieu of a PUD above.
On June 14, 2016, the Council discussed the mediation option and pursuant to I.C. 67-6510, directed staff
and Council representatives to mediate with the applicant and other affected parties and bring potential
changes back for Council consideration at a future date. A mediation session was conducted on June 29,
2016.
Upon completion of the mediation session an agreement was reached and the following recommendations
were provided: 1) Submit a revised preliminary plat showing a traditional single-family residential
development with a density of five to six dwelling units per acre, and 2) design the development with public
streets.
POST MEDIATION STAFF RECOMMENDATION PROVIDED WITHIN THE AMENDED
STAFF REPORT:
An amended staff report was issued on the revised preliminary plat, date stamped by the City on July 20,
2016, following mediation.
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.
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POST MEDIATION PUBLIC HEARING OF THE COUNCIL:
A. Following mediation, a public hearing on the applications was held before the City Council on August
9, 2016, at which time testimony was taken and the public hearing was closed. The Council made their
decision at that time.
B. Oral testimony neither in favor of nor in opposition to this proposal was presented to the City Council
by one (1) individual who did not participate in the mediation process and indicated concerns that the
grading on the hillside could create some safety and privacy concerns. The individual also requested a
landscaping easement to allow them to maintain the landscaping located adjacent to the western
property line.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicants/representative).
D. Oral testimony in opposition of this proposal was presented by no one.
POST MEDIATION COUNCIL DECISION REGARDING THE REZONE WITH DEVOPMENT
AGREEMENT IN LIEU OF A PUD:
The Council voted 3 to 1 to approve RZ-08-15 for a rezone from R-3 (Residential) to MU -DA (Mixed Use
with development agreement in lieu of a PUD) for A Team Consultants, with the following staff
recommended conditions of development to be placed within a development agreement modification with
underline text to be added by the Council:
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.
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 46 -units (4.6 -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
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K\Planning Depffiagle ApplicationASUBSU0I5SRedstone Ranch Sub post mediation ccEdocx
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 a gazebo, plaza/sitting area, and
bocce ball court (as identified on the revised preliminary plat, date stamped by the City on July 20,
2016).
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3.8 The conditions, covenants, and restrictions ("CC&Rs") 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 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. If a cost share agreement with the City is achieved then the CC&Rs shall
reflect such agreement.
(c) A requirement that parking is allowed only permitted on one (1) side of the streets.
(d) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be
deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
3.9 The required setbacks shall be as follows:
Front: 20 -feet (living and side -entry garage)/30-feet (front load garage)
Rear: 15 -feet
Side: 5 -feet
Street Side: 20 -feet
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KAPlanning Dept\Eagle ApplicationASUBS\2015UL-dstone Ranch Sub post mediation ccf.docx
Lot Coverage: 50%
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
any proposed common area structures, 5) useable amenities such as picnic tables, covered shelters,
benches, playground equipment, gazebos, and/or similar amenities, 6) landscape design and
planting details within the TTD SH -55 right-of-way located at the northwest corner of East Hill
Road and SH -55, and 7) all proposed fencing throughout the development. 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 1TD approving the landscaping located within the
public right-of-ways prior to the City Clerk signing the final plat.
POST MEDIATION COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP -08-16 for Redstone Ranch Subdivision (as shown on Exhibit "A"
attached hereto) for A Team Consultants with the following staff recommended site specific condition of
approval and standard conditions of approval with underline text to be added by the Council and strike
through text to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. 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 new plat note that states, "Minimum building setbacks shall
be in accordance with City of Eagle applicable zoning and subdivision regulations or as specifically
approved with the development agreement associated with RZ-08-15 or any subsequent modifications."
The revised preliminary plat shall be provided prior to submittal of a final plat application.
5. Provide a revised preliminary plat with a new plat note that states, "All development within this
subdivision shall be consistent with the Conditions of Development within the development agreement
associated with RZ-08-15 and any subsequent modifications for the development agreement." The
revised preliminary plat shall be provided prior to submittal of a final plat application.
6. Provide a revised preliminary plat with plat note #2 revised to state, "All lots shall have a permanent
easement for public utilities, street lights, irrigation and lot drainage over the 12 -feet adjacent to any
public street and rear property line. All lots shall have a permanent easement for public utilities,
irrigation, and lot drainage over the 5 -feet adjacent to any interior lot line.
7. 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.
8. "No Parking -Fire Lane" signs shall be erected on one (1) side of the streets prior to issuance of any
building permits for residential dwellings.
9. Provide a revised preliminary plat with new plat note that states, "Lots 1 and 23 Block 1, Lot 17, Block
2, and Lot 7, Block 3 shall have blanket public utilities, drainage and pressurized irrigation easement."
The revised preliminary plat shall be provided prior to submittal of a final plat application.
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10. Provide a revised preliminary plat showing the relocation of the pathway that provides connectivity
from East Hill Road to the rear lot line of Lot 9, Block 1, moved to the west to connect with Lot 11,
Block 1 (common lot) and continue the pathway north through Lot 11, Block 1 to connect to Cliffstone
Place, prior to submittal of a final plat application. The pathway may be integrated into the design of
the driveway located on Lot 11, Block 1. Signage indicating that Lot 11, Block 1, is for the use of both
pedestrian access for the residents of Redstone Ranch Subdivision and for vehicle access for Lots 12-
14, Block 1, shall be installed prior to the issuance of any building permits. Specific sign design and
placement locations shall be reviewed and approved with the final plat application.
11. Provide a revised preliminary plat that includes a pedestrian ingress/egress easement across Lot 11,
Block 1, prior to submittal of a final plat application.
12. Provide a revised preliminary plat showing the pathways located within Lot 7, Block 3, to be a
minimum of six feet (6') in width prior to submittal of a final plat application.
13. 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 provide an updated pressurized irrigation analysis to reflect the redesign of Redstone Ranch
Subdivision (52 -lots, 46-bulidable lots, 4 -common lots, 2 -private drive lots) for inclusion into a
"Second Amended Pressurized Irrigation Operation and Maintenance Agreement" prior to the submittal
of a design review application. The Second Amended Pressurized Irrigation Operation and
Maintenance Agreement shall be reviewed and approved by the City Council prior to submittal of a
final plat application. As part of that amended agreement and as part of -the design review application
the developer of Redstone Ranch will submit a separate landscape plan and a cost estimate for
landscaping the TTD property generally located at the northwest corner of SH -55 and Hill Road The
city will coordinate with all parties (parties to the second amended agreement) to include provisions
into the Second Amended Irrigation Operation and Maintenance Agreement regarding the pe etual
maintenance of the landscaped areas of the aforementioned ITD property. It is anticipated that the
parties will proportionately share in the cost of ongoing maintenance The Second Amended Irrigation
Operation and Maintenance Agreement shall be reviewed and approved by the City Councilnp for to
approval of the first final plat application. In the event an agreement cannot be reached the City Council
may amend this condition accordingly with the final plat application as part of a New Business a eg nda
item, and as such, a public hearing will not be required as long as advanced notice is provided to all
parties (parties to the second amended agreement) of the date and time of the City Council meeting_
14. The applicant shall place a note on the final plat stating that, "The operation and maintenance of the
pressurized irrigation system is subject to the Second Amended Pressurized Irrigation Operation and
Maintenance Agreement (PI Agreement) — Inst. , and any subsequent modifications."
15. The Redstone Ranch Subdivision shall remain under the control of one Homeowners Association
16. The applicant shall provide a revised preliminary plat which contains a plat note that identifies Lot 4,
Block 1 and Lot 11, Block 1 as common lots that a) conveys to the lot owners of Lots 5, 6, and 7, Block
1, and Lots 12, 13, and 14, Block 1 (respectively) the perpetual right of ingress and egress over Lot 4,
Block 1 and Lot 11, Block 1, b) provide that the easement runs with the land, c) provide that the owners
of Lots 5-7 and Lots 12-14, Block 1 shall be responsible for the maintenance of the driveway and
common lot, d) provide that a restrictive covenant for maintenance of the common lot and driveway
cannot be modified without the express consent of the city. The revised preliminary plat shall be
provided prior to submittal of a final plat application.
17. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall
be an open fencing style such as wrought iron or other similar decorative style, durable fencing material.
Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section
8-2A-7 (J).
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18. Provide correspondence from ACHD indicating that the revised preliminary plat has been reviewed
and approved by ACHD prior to submittal of a final plat application.
19. All notes required on the preliminary plat shall be transferred to the final plat prior to the submittal of
the final plat application.
20. The applicant shall provide a revised preliminary plat showing a landscape easement located adjacent
to the western property line. The applicant shall enter into a landscape easement agreement inclusive
of a revegetation plan, with the adjacent property owner located at 2422 East Hill Road The landscape
easement agreement shall reviewed and approved by the City Council with the first final plat
gpplication.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction flans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof, or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
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10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not -be -located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the street
lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service, and
as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
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Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowneLs. association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Commission for a path or
walkway shall be approved in writing by the Eagle'City Park and Pathway Commission prior to
approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
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26. Basements in homes in the flood plain are prohibited
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements required by the Eagle City Code
Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC
9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98 -3) -prior -to -the City Engineer signing the final plat. The financi-dl
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a
time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the site
shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet above
the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
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CONCLUSIONS OF LAW:
The Council reviewed the particular facts and circumstances of this proposed development agreement
modification for a rezone (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 (Cedarfield Subdivision)
with a similar density line;
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 line;
g. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan and the applicant will be required to submit the required
documentation for development on the hillside prior to the issuance of a building permit;
h. No non -conforming uses are expected to be created with this rezone.
2. The Council reviewed the particular facts and circumstances of this proposed development agreement
in lieu of a PUD and preliminary plat 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 development is proposed to be constructed in a single phase.
b. The land is owned by a single owner and the development will be initiated within a year following
City Council approval.
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 density development that will advance the general welfare
of the community and neighborhood since it designed to be similar to other developments in the
area and is in conformance with the comprehensive plan;
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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
residential dwellings of similar densities as the adjacent developments. The development will have
a centralized common lot that contains a gazebo, plaza/sitting area, and bocce ball court.
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.
f. 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 jun-s-dichon 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.
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 31.2% of dedicated open space with a centralized
common area containing a gazebo, plaza/sitting area, and bocce ball court. The large common area
located adjacent to the western boundary will provide a buffer to the existing residential home
located adjacent to the property line.
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).
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j. 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 4.6 -dwelling units per acre.
1. 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 single-family residential units.
in. 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.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP -02-
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 since the 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 book (EASD);
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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 Council'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 231 day of August, 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
Idaho
aI/Z—
geway, Mayor ® y ` ®'®®
ATTEST: S
Sharon K. Bergmann,h ®® �®
YEagle City Jerk ®�� �� � 0
Page 30 of 30
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