Findings - PZ - 2017 - CU-09-17/PPUD-05-17 & PP-05-17 - Conditional User Permit Prelim Development Plan Pp Plat For Enfield Common PudBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A
CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY
PLAT FOR ENFIELD COMMON PLANNED
UNIT DEVELOPMENT FOR NINE 4s, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-09-17/PPUD-05-17 AND PP -05-17
The above -entitled conditional use permit, preliminary development plan and preliminary plat applications
came before the Eagle Planning and Zoning Commission for their recommendation on November 20,
2017, at which time public testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time. The Commission, having heard and taken oral and written testimony,
and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Nine 4s, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting
conditional use permit, preliminary development plan, and preliminary plat approval, for Enfield
Commons Subdivision, a 21 -lot (10 -residential [inclusive of 36 dwelling units — 8-four-plexes, 2 -
duplexes], 11 -common) residential planned unit development. The 4.15 -acre site is located on the
southwest corner of West Escalante Drive and North Linder Road at 341 North Linder Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 6:00 PM, on
Wednesday, May 31, 2017, in compliance with the application submittal requirement of Eagle
City Code. The applicant scheduled a second neighborhood meeting to occur at Eagle City Hall
(Freedom Room) at 6:00 PM, on Thursday, November 16, 2017. The applications for this item
were received by the City of Eagle on September 8, 2017.
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 November 2, 2017. 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 October 30, 2017. Requests for
agencies' reviews were transmitted on September 12, 2017, in accordance with the requirements
of the Eagle City Code. The site was posted in accordance with the Eagle City Code on November
9, 2017.
D. HISTORY OF PREVIOUS ACTIONS:
On July 5, 2006, the City Council approved an annexation, rezone with a development agreement,
conditional use, preliminary development plan, preliminary plat approvals for Eaglefield Estates II
Subdivision planned unit development(A-10-06/RZ-12-06/CU-04-06/PPUD-02-06/PP-12-06).
On June 10, 2008, the City Council approved a preliminary plat extension of time for Eaglefield
Estates II Subdivision to be valid until August 26, 2009 (EXT -06-08).
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On August 25, 2009, Eaglefield, LLC, represented by Clint Boyle with Landmark Engineering and
Planning, submitted an Extension of Time application for Eaglefield Estates II Subdivisions (EXT -
13 -09).
On October 27, 2009, the City Council remanded the Extension of Time application for Eaglefield
Estates II Subdivisions to staff (EXT -13-09).
The approval of the preliminary plat for Eaglefield Estates II Subdivision expired on August 26,
2009.
The development agreement associated with the rezone for the Eaglefield Estates II Planned Unit
Development expired on August 21, 2014 (RZ-12-06).
On October 27, 2015, the City Council approved a development agreement modification,
conditional use permit, preliminary development plan, and preliminary plat for Eaglefield
Commons Planned Unit Development, for The Preserve, LLC (RZ-12-06 MOD/CU-10-15/PPUD-
04-15/PP-10-15 ).
On April 28, 2016, the executed Amended and Restated Development Agreement associated with
RZ-12-06 MOD was recorded (Ada County instrument #2016-035522).
On February 25, 2016, the Design Review Board approved a design review application for the
common area landscaping within Eaglefield Commons Subdivision for The Preserve, LLC (DR -
03 -16).
On April 26, 2016, the City Council, approved a final development plan and final plat for
Eaglefield Commons Subdivision No. 1 for The Preserve, LLC (FPUD-02-16/FP-04-16).
On October 10, 2016, a staff level design review application for a modification to the common
area of Eaglefield Commons Subdivision was approved (DR -03-16 MOD).
On December 13, 2016, the City Council approved a vacation of a public utility, irrigation, and
drainage easements from Lots 1 and 3-6, Block lwithin Irish Acres Subdivision (Eaglefield
Commons Subdivision) (VAC -03-16).
On December 13, 2016, the City Council approved Resolution 37-16 vacating the public utility,
irrigation, and drainage easements from Lots 1 and 3-6, Block 1, within Irish Acres Subdivision
(Eaglefield Commons Subdivision).
On March 15, 2017, the final plat for Eaglefield Commons Subdivision No. 1 was recorded at the
Ada County Recorder's Office (Ada County instrument #2017-021666).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
Existing Transitional
Residential
Proposed No Change
North of site Residential Four
South of site High Density
Residential
East of site Residential Three
and Commercial
' West of site Transitional
Residential
ZONING
DESIGNATION
MU -DA -P (Mixed Use
with a development
agreement — PUD)
No Change
MU -DA -P (Mixed Use
with a development
agreement — PUD)
RUT (Rural -Urban
Transition — Ada County
designation)
C -1 -DA (Neighborhood
Business District with a
development agreement)
R -2 -DA (Residential with
a development
agreement)
R -4 -DA -P (Residential
with a development
agreement — PUD)
LAND USE
Vacant/West Escalante
Drive
Multi -Family Residential
Subdivision
Single -Family Residential
(Eaglefield Commons
Subdivision)
Hope Lutheran Church
Vacant Commercial Property
and Single -Family
Residential (Sedona Creek
Subdivision)
Single -Family Residential
(Eaglefield Estates
Subdivision No. 1)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site — 4.15 -acres
Total Number of Lots — 21
Total Number of Units -
Residential — 10
Commercial — 0
Industrial — 0
Common — 11
Single-family — 0
Duplex — 4
Multi -family — 32
Total Acreage of Any Out -Parcels — 0
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Additional Site Data
Proposed Required
Dwelling Units Per Gross Acre 5.82 -units per acre*
6.00 units per acres
maximum (pursuant to the
executed development
agreement Inst. #2017-
021666)*
Minimum Lot Size 3,247 -square feet 5,000 -square feet
Minimum Lot Width 38 -feet 50 -feet
Minimum Street Frontage 35 -feet 35 -feet
Total Acreage of Common Area 1.82 -acres 0.83 -acres
Open Space
Percent of Site as Common Area 43.8% 20%
Open Space
* Note— Inclusive of Eaglefield Commons Subdivision No. 1.
I. GENERAL SITE DESIGN FEATURES:
Except that, according to
ECC Section 9-3-8 (C) the
City may require
additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 50 or
more lots.
Landscape Screening:
The preliminary plat, date stamped by the City on July 1, 2015, shows a 50 -foot wide common lot
located adjacent to North Linder Road (principal arterial) for the construction of the required
landscaped buffer area. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(c) a 75 -foot wide
landscape strip is required adjacent to principal arterials to protect residential communities from
noisy, potentially dangerous, high speed roads.
The preliminary plat shows a 25 -foot wide common lot located adjacent to the north side of West
Escalante Drive (collector) associated with the landscaping currently located on the site. The
preliminary plat shows a 25 -foot wide homeowners association landscape buffer easement located
on the south side of West Escalante Drive (collector). Pursuant to Eagle City Code Section 8-2A-
7(J)(4)(a) a 35 -foot wide landscape strip is required adjacent to collectors to protect residential
communities from noisy, potentially dangerous, high speed roads.
Open Space:
A total of 1.82 -acres (43.8%) of common area (not inclusive of the drive aisles and parking area) is
proposed within the subdivision. The open space consists of the buffer areas located adjacent to
North Linder Road and West Escalante Drive, pond, and tot lot area.
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Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility and drainage easements to be not less than 12 feet
wide, except a lesser easement widths, to coincide with respective setbacks, may be considered as
part of a planned unit development.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System:
There was a residential dwelling and several accessory structures that were previously removed
from the site. The residential dwelling was served by a septic system and it is unknown if the
septic system was properly abandoned. The applicant should provide documentation that the septic
system was abandoned in accordance with the requirements of the Central District Health
Department.
Pressurized Irrigation:
The applicant's narrative, date stamped by the city on September 8, 2017, indicates that
pressurized irrigation was previously installed with the development of Eaglefield Estates
Subdivision and the proposed Enfield Estates Subdivision will be connected to the existing
pressurized irrigation system.
Preservation of Existing Natural Features:
The existing natural features on the site consist of landscaping located adjacent to West Escalante
Drive (collector) and North Linder Road (principal arterial). The site also contains a pond located
in proximity to the southwest corner of West Escalante Drive and North Linder Road. The site also
contains a few mature trees located adjacent to an old driveway in proximity to the midpoint of the
eastern boundary.
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.
J. STREET DESIGN:
Private or Public Streets:
The site will not contain a private or public street. The preliminary plat, date stamped by the city
on September 15, 2017, shows two (2) drive aisles/parking areas providing connections to W.
Escalante Drive.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None.
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Cul-de-sac Design: None.
Sidewalks:
The preliminary plat, date stamped by the city on September 15, 2017, shows a detached five-foot
(5') wide concrete sidewalk proposed to connect to the existing detached sidewalk located adjacent
to N. Linder Road. There is an existing five-foot (5') wide sidewalk located adjacent to a portion
of W. Escalante Drive. The preliminary plat shows a detached five-foot (5') wide sidewalk
providing a connection to the existing sidewalks located adjacent to W. Escalante Drive.
The preliminary development plan, date stamped by the city on September 8, 2017, shows five-
foot (5') wide sidewalks located adjacent to the parking areas and a five-foot (5') wide sidewalks
providing access to the dwelling units and the common lot containing playground equipment (Lot
20, Block 1).
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior streets.
Lighting:
The preliminary plat, date stamped by the city on September 15, 2017, shows two (2) street lights
located within the interior of the site. One (1) streetlight is located at the intersection of the two (2)
drive aisles/parking areas approximately 90 -feet from the intersection of the drive aisle and W.
Escalante Drive.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right-of-way or separate easement, as may be specified by the City Council.
L. PARKING ANALYSIS (Based on the preliminary plat and utility plan, date stamped by the city
on September 8, 2017):
Eagle City Code, Section 8-4-5 for multi -family dwellings (with two or more bedrooms) and two-
family dwellings requires two (2) parking including one (1) covered for each unit. Also, for multi-
family dwellings 0.25 -spaces are required for guest parking.
Combined Total Required for Multi -Family Dwellings (Eight [81 consisting of 32 -units) and Two -
Family Dwellings (Two 121 consisting of 4 -units)
Multi -Family Dwellings (32 -units) = 64 parking spaces
Two -Family Dwelling (4 -units) = 8 parking spaces
Multi -Family Dwelling Guest Parking (32 -units) = 8 parking spaces
Total = 80 parking spaces
Total Provided: = 82 parking spaces
M. PUBLIC USES PROPOSED: None proposed.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes — located within the completed buffer areas and in proximity to the midpoint of
the eastern property line
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — unknown
Wildlife Habitat — unknown
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated October 12, 2017 are of special
concern (attached to the staff report).
City Water Supervisor: Storage and Trunk Line Fee Deferral Request — Memo approving deferral
to delay payment of Eagle Municipal Water STL fees, dated September 21, 2017 (attached to the
staff report).
Ada County Highway District
Andeavor (formerly known as Tesoro Logistics)
Boise River Flood Control District #10
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Idaho Fish and Game Department
Idaho Transportation Department
R. LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from Rev. Michael Sager and Joe Carter with Hope Lutheran Church,
date stamped by the city on October 18, 2017.
Correspondence received from James and Linda Wood, date stamped by the city on October 30,
2017.
Correspondence received from Williams M. (Tim) and Susan K. Neilson, date stamped by the city
on November 3, 2017.
Correspondence received from Mark Sapousek, date stamped by the city on November 6, 2017.
Correspondence received from Mark A. Sapousek, date stamped by the city on November 6, 2017.
Correspondence received from Carol E. Sapousek, date stamped by the city on November 6, 2017.
Correspondence received from Oliver Sapousek, date stamped by the city on November 6, 2017.
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Correspondence received from Lisa and Matthew Hoel, date stamped by the city on November 6,
2017.
Correspondence received from Marvin and Judith Reimers, date stamped by the city on November
9, 2017.
Correspondence received from the North -West -Eagle Committee (NWEC), date stamped by the
city on November 13, 2017.
S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The site is proposed to be developed in a single-phase.
T. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non -PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
Transitional Residential
Residential development that provides for a transition of density within the planning area while
keeping in context the density, scaling and lot sizes of existing or proposed uses. Commonly
requires changes in lot dimensions and scaling, see specific planning area text for a complete
description.
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.
6.8.1 Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community commercial,
professional office, and a variety of residential densities. The vision for the area is to recognize the
activity center created by Eagle High School and existing development approved by Ada County
and to provide compatible land uses at densities that accommodate pedestrian scale design and
future mass transit.
A. Uses
The land use and development policies specific to the Park Lane Planning Area include the
following:
7. The area located west of Linder Road and State Street shall provide for high density
residential including apartments, town homes and patio homes, and transitioning
northward to 1-2 units per acre. Internal circulation is essential to the development of this
area; a roadway (not State Street) with berming and wide setbacks to be used to buffer any
residential use from the regional transportation network.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-1-2: Rules and Definitions:
DWELLING, MULTI -FAMILY: A dwelling consisting of three (3) or more dwelling units
including townhouses and condominiums with varying arrangements of entrances and party
walls. Multi -family housing may include public housing.
DWELLING, TWO-FAMILY: A dwelling, consisting of two (2) dwelling units which may be
either attached side by side or one above the other. This definition does not include accessory
dwelling units.
EASEMENT: Authorization by a property owner for the use by another, and for a specified
purpose, of any designated part of his property.
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• Eagle City Code, Section 8-2-1: Schedule of District Use Regulations:
Two-family and multi -family 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 Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Sq. Width I*
Ft.) G And
H*
AMU 1135' 1
20'
20'
17.5' 120' 150% 115,000 1150'
• Eagle City Code, Section 8-2A: Design Review Overlay District:
8-2A-1: General Applicability:
This article applies to all proposed development located within the design review overlay
district which shall include the entire city limits, and any land annexed into the city after the
date of adoption hereof. Such development includes, but is not limited to, new commercial,
industrial, institutional, office, multi -family residential projects, signs, common areas,
subdivision signage, proposed conversions, proposed changes in land use and/or building use,
exterior remodeling or repainting with a color different than what is existing, exterior
restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the
submittal of a design review application pursuant to this article and fee as prescribed from
time to time by the city council.
The following are specifically excluded from the requirements of the design review overlay
district: development of an individual single-family detached dwelling on a single parcel, an
individual duplex (2 dwelling units), and an individual townhome consisting of a maximum of
two (2) dwelling units.
• Eagle City Code Section 8 -2A -7(J): Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to
physically separate and visually screen adjacent land uses which are not fully compatible
due to differing facilities, activities, or different intensities of use, such as townhouses and
a convenience store, or a high volume roadway and residential dwellings.
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi -family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy,
potentially dangerous, high speed roads. The "buffer area" shall be defined as a common
lot located between the residential lots within the subdivision and the right of way line of
the adjacent roadway. This buffer is required as part of the common area open space
owned and maintained by a homeowners' association. Any landscaping proposed to be
within the public right of way shall not be included as a part of the buffer area required
below. The height for berming/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway (measured at the centerline) to the top
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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 placement of the decorative wall. Chainlink, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
c. Any road designated as a principal arterial on the transportation and pathway network
plan in the Eagle comprehensive plan:
A minimum of seventy five feet (75') wide buffer area (not including right of way)
shall be provided with the following plants per one hundred (100) linear feet of right
of way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental
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 ten foot (10') high, maximum twelve foot (12') high, berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If
a decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall is to be provided, in combination with the berm, a four foot (4') wide flat area
shall be provided for the placement of the decorative wall. Chainlink, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code Section 8-2A-7(0): Alternative Methods of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance is
a procedure that allows certain modifications to existing regulations within this section.
Requests for use of alternative landscaping schemes are justified only when one or more
of the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is
impossible or impractical;
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c. Due to a change of use of an existing site, the required buffer yard is larger than can
be provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city with
a written request if an alternative method of compliance is proposed. The request shall
state which requirement as set forth within this section is to be modified, what project
conditions stated within subsection 01 of this section justify using the proposed
alternative, and how the proposed alternative equals or exceeds said requirement.
• Eagle City Code, Section 8-4-5: Schedule of Parking Requirements:
RESIDENTIAL
Apartments or For each unit with 2 or more bedrooms - 2 including 1 covered; for each 1
multi -family bedroom or studio unit - 1.5 including 1 covered. 0.25 spaces per unit shall
dwellings be provided for guest parking. Adjacent on street parking spaces on a local
street may be credited toward the guest parking requirement
Two-family
dwelling
For each unit - 2 including 1 covered
• Eagle City Code, Section 8-6-5-2: Common Area Open Space:
A. Required Common Area Open Space: A minimum of twenty percent (20%) of the gross
land area developed in any residential PUD project shall be reserved for common area
open space and recreational facilities for the residents or users of the area being
developed.
B. Active Open Space: A minimum of fifteen percent (15%) of the common area open space
shall be developed as active open space, as defined in title 9 of this code.
• Eagle City Code, Section 8-7-3-3: Public Sites and Open Spaces:
B. Natural Features: Existing natural features which add value to residential development and
enhance the attractiveness of the community (such as trees, watercourses, historic spots
and similar irreplaceable assets) shall be preserved in the design of the development.
• Eagle City Code Section 8-6-5-5 (C)(6): ARRANGEMENT OF RESIDENTIAL UNITS:
6. Height, area, and setback regulations for attached units shall be as follows:
Maximum
Height
Minimum Yard Setbacks
Note Conditions A to E*
Front Rear Street Interior Side Minimum Building Minimum
Side (Outside Wall) Separation Lot Area
35' 20' 25' 20' 10'
20'
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2,000 square
feet per unit
* Note Conditions:
A. Additional 5 feet per story side setback for multi -story structures is required.
B. The street side setback may be reduced to 0 feet for buildings which are separated
from the street by a minimum 25 foot wide common area open space lot.
C. The rear setback may be reduced to 12.5 feet for buildings on lots which are separated
from other Tots by a minimum 25 foot wide common area open space lot.
D. The rear setback may be reduced to 0 feet for buildings on lots which are separated
from other lots by a minimum 50 foot wide common area open space lot.
E. The rear setback may be reduced to 12.5 feet for buildings with rear load (alley)
garages.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 9-1-6: Rules and Definitions:
OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic fields,
buildings or structures for recreational activities including picnic areas, community garden, courses
or courts, children's play area, dog play area, and pathways, excluding passive open space areas.
Landscape buffer areas not required pursuant to subsection 8 -2A -7J of this code may be
considered, in part, as active open space provided a pathway or other active amenity is located
within and incorporated into the buffer area. Up to fifteen percent (15%) of the total area of water
bodies (i.e., ponds) within a development may be considered active open space provided there is a
finding that the ponds employ active recreation capabilities such as fishing, rafting, canoeing, and
the like.
• 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 9-3-10: 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 -7(J) 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.
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D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONERN
REGARDING THIS PROPOSAL (Ada County instrument #2016-035522):
3.1 The maximum density for the Property shall be 6.00 dwelling units per acre. There shall only
be single-family residential lots located north of West Escalante Drive.
3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in
that concept may occur. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public hearing
shall be held on any proposed changes in the Concept Plan, and notice shall be provided as
may be required by the City.
The submittal of a building permit application to the City for all buildings within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not
be accepted.
3.4 As provided by the applicant, the architecture as shown on Exhibit "D" shall be the required
architecture standard for the development. The applicant shall create an architectural control
committee (ACC) as a component of the development's CC&R's. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&R's, and shall be
reviewed and approved by the City Attorney prior to the approval of a condominium plat or
issuance of a zoning certificate, whichever occurs first.
3.6 The conditions, covenants, and restrictions for the Property shall contain at least the following:
(in part)
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, private access drives, parking areas, and
amenities. The owner shall provide an operation and maintenance manual, for the
pressurized irrigation facilities, private access drives, and parking areas, including the
funding mechanism as an addendum to the CC&Rs and the repair and maintenance
requirement shall run with the land and that the requirement cannot be modified and that the
homeowners association or other entity cannot be dissolved without the express consent of
the city.
(b) A requirement for all fencing located adjacent to open space to be open -style such as
wrought iron, extruded aluminum (looks identical to wrought iron), or other similar
decorative style fencing. All other fencing (i.e. cedar fencing, vinyl, chain link) shall be
prohibited. The residential lot located adjacent to the commercial lots is permitted to have
solid fencing located adjacent to the west property line and not to encroach into the front
yard.
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
3.7 In the event that Owner desires to construct multi -family residential units on the lots located
south of West Escalante Drive the Owner shall be required to submit a conditional use permit
modification application and design review application for review and approval prior to the
issuance of a building permit.
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3.8 As required by Title 6 Chapter 5 Eagle City Code, the Property shall become part of the City of
Eagle's municipal water system. The water main size, to be determined by the City Engineer at
the time of the final plat review, shall be dedicated to the public and shall only be constructed on
rights of way or easements. Easements or permits secured for the main extension shall be
obtained in the name of the City, along with all rights and title to the main at the time of service
is provided to the customer paying for the extension. Water mains shall be extended by the
applicant as designated by the City Engineer where future water system extensions are expected
to occur.
E. DISCUSSION (based on the preliminary plat, date stamped by the city on September 15, 2017, and
the preliminary development plan, date stamped by the city on September 8, 2017):
• The subject site is a portion of the property that was previously approved as Eaglefield
Commons Planned Unit Development, an 8.93 -acre, 22 -lot (16 -single-family residential, 3 -
multi -family residential, and 3 -common) residential planned unit development, which was
approved by the City Council on October 27, 2015. (Concept Plan shown below)
The development agreement associated with Eaglefield Commons permitted a maximum of
6.00 dwelling units per acre on the entire property (a total of 53 -units). The first phase of
Eaglefield Commons (Eaglefield Commons Subdivision No. 1, located on the north side of
West Escalante Drive) contained 16 -units located on 4.78 -acres. The remaining acreage of
Eaglefield Commons PUD is the same area as the subject site (Enfield Commons PUD) and,
based upon the density provision of the approved development agreement, is permitted to
contain the remainder of the units (37 -units). Enfield Commons is proposed with 36 -units. At
the time of the approval for Eaglefield Commons Planned Unit Development, multi -family
units were proposed to be located within the portion of the project located south of West
Escalante Drive, however, due to the lack of specific site layout planning and unknown
building architecture style, the City Council's approval (of the associated development
agreement — condition 3.7) stipulated that a conditional use permit would be required for the
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future multi -family units. The applications submitted for the Enfield Commons Planned Unit
Development project include: 1) a preliminary development plan, 2) a preliminary plat, and 3)
a conditional use permit. Additionally, a design review application for the site landscaping and
proposed residential dwellings will be required to be reviewed and approved by the Design
Review Board and City Council prior to submittal of the final development plan and final plat
application.
• Condition of Development #3.4 within the executed development agreement for the subject
site references the required architecture for the project and identifies exhibits showing the
architecture. The architecture proposed for the units within Enfield Commons is similar to the
architecture shown in the development agreement exhibits, however, the exhibits show single
story buildings and the buildings within Enfield Commons are proposed to be two stories. The
development agreement is silent on the issue of one story vs. two story architecture. Since the
development agreement does not include a specific condition which limits the height (and
number of stories) staff believes the City Council maintains the autonomy to make the decision
as part of the conditional use permit.
• The subject property is bordered on the east by North Linder Road (principal arterial) and
West Escalante Drive (collector) located adjacent to the northern property line. The landscape
boulevard along West Escalante Drive, a portion of the buffer along North Linder Road, entry
ponds, and pergola located at the southwest corner of West Escalante Drive and North Linder
Road were constructed with the first phase of The Preserve (fka Eaglefield Estates
Subdivision) and are located within easements on the subject property. The landscape
improvements along both streets were installed approximately in 2008 or 2009 and the trees
and shrubs are mature. The buffer areas located adjacent to West Escalante Drive also contain
drainage swales. The existing ponds located at or near the entry to the development have
extensive berming and landscaping and have waterfalls into each of the ponds. At the time
Eaglefield Estates Subdivision No. 1 was approved and constructed, North Linder Road was
classified as a minor arterial which required a 50 -foot wide landscape buffer. In 2015, North
Linder Road was re-classified as a Principal Arterial which now requires a 75 -foot wide
buffer.
Pursuant to Eagle City Code Section 8 -2A -7(J)(4), landscaped buffer areas are required to be
located adjacent to collectors and arterials. Pursuant to Eagle City Code Section 8-2A-
7(J)(4)(a and c), a minimum thirty-five (35') wide buffer area (not including right-of-way) is
required adjacent to a collector and a minimum seventy-five foot (75') wide buffer area (not
including right-of-way) is required adjacent to a principal arterial. The buffer areas are to
include a minimum five-foot (5') high berm, decorative block wall, cultured stone, decorative
rock, or similarly designed concrete wall, or combination thereof is required adjacent to
collectors. The required buffer area is to be located within a common lot. The preliminary plat,
date stamped by the City on September 8, 2017, shows a twenty-six foot (26') wide common
lot located adjacent to the south side of West Escalante Drive. The preliminary plat also shows
a fifty -foot (50') wide common lot located adjacent to North Linder Road. An Alternative
Method of Compliance request was previously approved with the design review application
(DR -03-16) associated with Eaglefield Commons Subdivision to allow for the reduced buffer
areas located adjacent to West Escalante Drive and North Linder Road. Based on the existing
drainage swales, mature landscaping, and the entryway ponds staff recommends that, in lieu of
the installation of the required buffer areas located adjacent to West Escalante Drive, the
applicant should be required to provide additional landscaping consisting of deciduous and
coniferous trees to provide additional screening between the buildable lots and West Escalante
Drive. To formally address the above-mentioned matter, the applicant should be required to
submit an Alternative Method of Compliance Request Form at the time of submittal of a
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design review application. The landscape plan and associated Alternate Method of
Compliance request should be reviewed and evaluated by the Design Review Board and City
Council prior to submittal of the final development plan and final plat application. The
landscaping shall be installed prior to the issuance of the first building permit.
• Plat note #4 of the preliminary plat states, "This subdivision is subject to the terms of a
development agreement recorded as instrument No. 107128270 and 2016-035522, records of
Ada County, Idaho." The second instrument number (2016-035522) referenced is associated
with an Amended and Restated Development Agreement that voided the development
agreement recorded as instrument No. 107128270. Also, the plat note does not reference
possible subsequent modifications to the development agreement. The applicant should
provide a revised preliminary plat with plat note #4 revised to state, "This subdivision is
subject to the terms of a development agreement recorded as instrument No. 2016-035522,
records of Ada County, Idaho and any subsequent modifications." The revised preliminary plat
should be provided prior to submittal of the final development plan and final plat application.
• Plat note #6 of the preliminary plat states, "Building setbacks and dimensional standards in
this subdivision shall be in compliance with the applicable zoning regulations of the City of
Eagle or as otherwise approved in the development agreement." The plat note references the
development agreement, however, the building setback and dimensional standards will be
established with this planned unit development application. The applicant should be required
to provide a revised preliminary plat with plat note #6 revised to state, "Building setbacks and
dimensional standards in this subdivision shall be in compliance with the applicable zoning
regulations of the City of Eagle or as otherwise approved with the Enfield Commons PUD,
application #CU-09-17/PPUD-05-17/PP-05-17, and any subsequent modifications." The
revised preliminary plat should be provided prior to submittal of the final development plan
and final plat application.
• Plat note #8 of the preliminary plat states, "Direct lot access to N. Linder Road is prohibited."
The site is also fronted by West Escalante Drive which is a residential collector. Direct lot
access to residential collectors is prohibited. The applicant should be required to provide a
revised preliminary plat with plat note #8 revised to state, "Direct lot access to N. Linder Road
and W. Escalante Drive is prohibited without the express written consent of the Ada County
Highway District and the City of Eagle." The revised preliminary plat should be provided
prior to submittal of the final development plan and final plat application.
• Plat note #9 of the preliminary plat states, "This development will receive pressure irrigation
water from the existing Eaglefield Estates/Preserve pressure irrigation system." The
applicant's narrative, date stamped by the city on September 8, 2017, indicates that pressure
irrigation was installed on the subject property with the construction of Eaglefield Estates
Subdivision No. 1 (nka The Preserve) in 2007. The pressurized irrigation was necessary for
the installation of the entryway landscaping and pond. The narrative further states that
pressurized irrigation will be provided to all the lots within the development from the existing
Preserve pump station. The pump station and storage pond were designed to provide
pressurized irrigation to this portion of the development. The developer will coordinate with
The Preserve HOA to pay the required water assessment and maintenance fees for the
proposed units. The applicant should be required to provide a recorded executed joint
irrigation agreement between the applicant and The Preserve Subdivision Homeowner's
Association. The executed joint irrigation agreement should be provided prior to submittal of
the final development plan and final plat application.
The applicant should be required to provide a revised preliminary plat with plat note #9
revised to state, "This development will receive pressure irrigation water from the existing
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K:\Planning Dept\Eagle Appbcation.\PrcWninary Development Plant\2017\Enfield Commons Sub p,Ildoc
Preserve Subdivision pressure irrigation system pursuant to the joint irrigation agreement, Ada
County Instrument # ." The revised preliminary plat should be provided
prior to submittal of the final development plan and final plat application.
• The preliminary development plan shows five-foot (5') sidewalks located throughout the
development providing access to the dwelling units and the common areas. There are several
sidewalks that are located on both sides of a property line or through an adjacent property. The
applicant should provide revised preliminary plat with a new plat note that states, "All
sidewalks contained within the development are subject to a perpetual ingress/egress easement
for the residents and/or visitors of Enfield Commons Subdivision." The revised preliminary
plat should be provided prior to submittal of the final development plan and final plat
application.
• The applicant is proposing the following setbacks:
Front 10 -feet
Rear 20 -feet
Side (four-plex) 10 -feet (one and two-story structures)
Side (duplex) 5 -feet (one and two-story structures)
The previously approved setbacks associated with Eaglefield Commons Subdivision (for the
subject site) were as follows:
MU -DA -P
Front 20 -feet
Rear 20 -feet
Interior Side 5 -feet (first story)/10-feet (second story)
Street Side 20 -feet
Minimum Building Separation 20 -feet
Maximum Coverage 50%
As noted above, the applicant is requesting to reduce the front yard setback from 20 -feet to 10 -
feet. Additionally, the applicant is requesting to reduce the side yard setback associated with
the two (2) lots that will contain the duplex units from 5 -feet (first story)/10-feet (second story)
to 5 -feet for both stories. This will result in a maximum separation of 10 -feet between the
buildings. As noted within Eagle City Code Section 8-6-5-5 (C)(6) and within the approval
granted for Eaglefield Commons, a minimum building separation of 20 -feet is required.
As noted in the applicant -proposed setbacks above, the applicant is not proposing a second
story setback for any of the structures within the development. As noted within Eagle City
Code Section 8-6-5-5 (C)(6)(A) and within the approval granted for Eaglefield Commons, an
additional 5 -feet per story side setback is required for multi -story structures.
To address the above differentiation in setbacks proposed by the applicant in relation to the
setbacks required within Eagle City Code and within the approval granted for Eaglefield
Commons, the following setbacks, minimum building separation, and maximum lot coverage
should be required:
Front 10 -feet
Rear 20 -feet
Side (four-plex) 5 -feet (first story)/10-feet (second story)
Side (duplex) 5 -feet (first story)/10-feet (second story)
(Lots 6 and 7, Block 1)
Minimum Building Separation 20 -feet
Maximum Lot Coverage 50%
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• The preliminary plat shows two (2) street lights located within the subdivision. The first street
light is located on the east side of the eastern drive aisle/parking area approximately 160 -feet
from the intersection of the drive aisle and West Escalante Drive. The second street light is
located on the east side of the west drive aisle/parking area approximately 95 -feet from the
intersection of the drive aisle and West Escalante Drive. The preliminary plat does not show
street lights located at the intersections of the two (2) drive aisles and West Escalante Drive.
The applicant should be required to provide a revised preliminary plat showing a street light
located at the intersections of the two (2) drive aisles and West Escalante Drive. The revised
preliminary plat should be provided prior to submittal of a design review application.
• The preliminary plat data shown on the preliminary plat notes there are 82 parking spaces (3
handicap, 24 compact, 51 full size, and 4 garages [4 spaces]). The applicant's narrative, date
stamped by the city on September 8, 2017, indicates that 50% of the parking spaces will be
covered either with a garage or carports. The applicant should be required to comply with
Eagle City Code Section 8-4-5, Schedule of Parking Requirements. All parking should be
provided within enclosed structures. Carports should be prohibited.
• The site includes two (2) driveway approaches from West Escalante Drive. A five-foot (5')
wide detached sidewalk is located adjacent to a portion of West Escalante Drive with the
exception of the area located between the two (2) driveway approaches. The applicant's
narrative, date stamped by the city on September 8, 2017, states that 310 linear feet of
sidewalk will need to be installed with the project along West Escalante Drive. The sidewalk
will also serve the project and meander into the site due to the width of the existing drainage
swale located adjacent to the back of curb at West Escalante Drive. The preliminary
development plan shows a five-foot (5') wide sidewalk located between the two (2) driveway
approaches. The sidewalk is detached from West Escalante Drive and meanders through a
common lot (Lot 9, Block 1) and then is attached to the drive aisles/parking area within Lots 6
— 8, Block 1. Neither the preliminary development plan nor the preliminary plat establishes
whether or not the sidewalk will be open to the public. The applicant should be required to
provide a recorded pedestrian easement allowing the public to utilize the five-foot (5') wide
sidewalk located between the two (2) driveway approaches providing access to West Escalante
Drive. The applicant should be required to provide a revised preliminary plat with a new plat
note referencing the recorded pedestrian easement prior to submittal of the final development
plan and final plat application.
• Condition of Development #3.7 of the Amended and Restated Development Agreement (Ada
County instrument #2016-035522) requires that in the event the owner desires to construct
multi -family residential units on the lots located south of West Escalante Drive the owner shall
be required to submit a design review application. The proposed development contains eight
(8) four-plex multi -family residential dwellings and two (2) duplexes. Pursuant to Eagle City
Code Section 8-2A-1 and the executed development agreement, multi -family residential
projects require design review approval; however, an individual duplex is excluded from the
requirement of design review. In this case, the two (2) duplexes are part of a larger multi-
family development which requires design review approval and, to ensure the proposed
duplexes are designed to be harmonious with the development and the surrounding area, they
should be included in the design review application as well. The applicant should be required
to submit a design review application for the architecture associated with the four-plex and
duplex residential units. The design review application should be reviewed and approved by
the Design Review Board and City Council prior to submittal of the final development plan
and final plat application.
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• The proposed development is located within the City of Eagle's Municipal Water Service Area.
Pursuant to Resolution No. 8-09, payment of Storage and Trunk Line (STL) fee is to be provided
at the time of preliminary and final plat. The amount for STL fee is $2,100/Equivalency
Residential Customer (ERC) an ERC is equivalent to each residential buildable lot or meter size.
The applicant has submitted a request for deferral of the STL fee to the City of Eagle Water
Department to delay paying the required STL fee, date stamped by the city on September 21,
2017. The applicant is requesting to delay paying the required STL fee until such time a final plat
application is submitted. Based upon the size of the required meters, the STL fee required at the
time of preliminary plat $74,655.00. The applicant received approval from the City of Eagle Water
Department (of the waiver request) on September 21, 2017. The applicant should be required to
pay the required $74,655.00 preliminary plat Storage Trunk Line fee along with the associated
final plat Storage Trunk Line fee at the time of submittal of the final plat application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
If the City Council approves the conditional use permit, preliminary development plan, and preliminary
plat applications, then staff recommends the site specific conditions of approval and standard conditions of
approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications came before the Eagle Planning and Zoning Commission for their
recommendation on November 20, 2017, at which time public 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
no one (not including the applicant/ representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by nine (9) individuals who voiced the following concerns:
• The proposed density is too high for the area.
• There will be an increase of traffic on Escalante Drive and Linder Road.
• The proposed development is not compatible with the existing single-family residences located
within the immediate area.
• The individual units should be owner -occupied.
• The residents of the proposed development may utilize the Hope Lutheran Church property for a
shorter route to Linder Road.
• The access drive aisle through the subject property was only to be utilized for the church and was
not to be utilized for access to any development of the subject site.
• There should be additional curb cuts on Escalante Drive so the church access is not affected.
• The proposed project may have a negative impact on the adjacent church property.
• The residents and/or guests may want to utilize the Hope Lutheran Church parking area.
• The proposed parking locations will affect the ingress/egress aisle providing access to the church
from Escalante Drive.
• The additional traffic will have an impact on the additional services provided by the church (i.e.
community center and pre-school).
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• The existing drive aisle providing access to the church will have parking located adjacent to it,
which may be a safety issue due to vehicles being backed into the drive aisle.
• The proposed development does not support a high quality of life as identified in the Eagle is
HOME comprehensive plan.
• The proposed site may not have adequate parking for residents and guests.
• The residents in The Preserve Subdivision were told the property would be developed with single -
story cottages.
• The non-exclusive access for the church is being impacted by parking spaces located adjacent to
the access drive aisle.
• The home values of the adjacent properties will be negatively affected by the proposed
development.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by one (1) individual who indicated the following concern:
• The dimensions of the common areas are too small; therefore, the common areas will not provide
sufficient space for a child to throw a ball.
• The common areas should be larger because retired people may be raising grandkids there.
COMMISSION DELIBERATION: (Granicus time 3:20:05)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The proposed density is in conformance with the comprehensive plan and the executed development
agreement.
• The architecture of the proposed residential dwellings will be compatible with the adjacent
neighborhoods.
• The proposed project is a good project and will be an asset to the city.
• The parking located adjacent to the drive aisles may have an impact on the adjacent church property.
• Although garages may be desirable over covered parking structures they will create a worse situation
regarding safety since residents would need to back out from the garages into the drive aisles. The
requirement of enclosed garages may also decrease the number of required on-site parking spaces.
Also, if the garages were in front of the residential dwellings it would hide the architecture of the
structures (the Commission was evenly split regarding the requirement to construct or not construct
enclosed garages).
• The individuals complaining about growth should realize they are part of the growth that is occurring
within the city.
• The West Escalante Drive configuration led to the creation of the irregular shape of the property
making it difficult to develop the property with either single family residential or multi -family
residential dwellings.
• The applicants (custom home builders) have high standards and should build a quality product.
• The multi -family dwellings may not be compatible with the single-family subdivisions located in
proximity to the site.
• The decision to approve or deny the application cannot be based on whether or not the residential
dwellings will be owned or rented by the occupants.
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• Based on previously approved applications and the executed development agreement the subject site
will most likely be developed with multi -family residential dwellings and will not remain a weed patch
forever.
COMMISSION DECISION:
The Commission voted 3 to 1* (Koellisch against; Koellisch did not support the removal of Site Specific
Condition of Approval #20 to require enclosed parking, which the motion did not include) to recommend
approval of Enfield Commons Planned Unit Development (Exhibit "A") for Nine 4s, LLC, with the
following staff recommended site specific conditions of approval and standard conditions of approval with
underline text to be added by the Commission and strike through text to be deleted by the Commission:
* A subsequent motion was made to not strike Site Specific Condition of Approval #20 (requiring the
parking to be provided within enclosed structures). The motion failed 2 to 2 (Smith and Guerber in
favor/Wright and Koellish against).
1. Comply will all conditions within the development agreement for rezone application RZ-12-06 MOD.
2. Comply with all requirements of the City Engineer.
3. Comply with the conditions of DR -03-16 and any subsequent modifications.
4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project upon receipt of an invoice by the city or prior to the City Clerk signing the final plat,
whichever occurs first. (ECC 9-2-3[C][3][1])
5. The applicant shall pay the required $74,655.00 preliminary plat Storage Trunk Line fee along with
the associated final plat Storage Trunk Line fee at the time of submittal of the final plat application.
(Resolution No. 08-09)
6. 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). All fencing shall be reviewed and approved by the Design Review Board and
City Council prior to submittal of the final development plan and final plat application.
7. The required setbacks shall be as follows:
Front
Rear
Side (four-plex)
Side (duplex)
10 -feet
20 -feet
5 feet (first story)/10 feet (one and seeend two-story structures)
5 feet (first story)/10 feet (one and sec -end two-story structures)
(Lots 6 and 7, Block 1)
Minimum Building Separation 20 -feet
Maximum Lot Coverage 50%
8. Provide a revised preliminary plat with plat note #4 revised to state, "This subdivision is subject to the
terms of a development agreement recorded as instrument No. 2016-035522, records of Ada County,
Idaho, and any subsequent modifications." The revised preliminary plat shall be provided prior to
submittal of the final development plan and final plat application.
9. Provide a revised preliminary plat with plat note #6 revised to state, "Building setbacks and
dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations
of the City of Eagle or as otherwise approved with the Enfield Commons PUD, application #CU-09-
17/PPUD-05-17/PP-05-17, and any subsequent modifications." The revised preliminary plat shall be
provided prior to submittal of the final development plan and final plat application.
Page 22 of 30
Kr\Planning Dept\Eagle Applications\Preliminary Development Plans \?0I7\Lntield Commons Sub pzidoc
10. Provide a revised preliminary plat with plat note #8 revised to state, "Direct lot access to N. Linder
Road and W. Escalante Drive is prohibited without the express written consent of the Ada County
Highway District and the City of Eagle." The revised preliminary plat shall be provided prior to
submittal of the final development plan and final plat application.
11. Provide an executed joint irrigation agreement between the applicant and the Preserve Subdivision
Homeowner's Association. The executed joint irrigation agreement shall be provided prior to submittal
of the final development plan and final plat application.
12. Provide a revised preliminary plat with plat note #9 revised to state, "This development will receive
pressure irrigation water from the existing Preserve Subdivision pressure irrigation system pursuant to
the joint irrigation agreement, Ada County Instrument # ." The revised preliminary
plat shall be provided prior to submittal of the final development plan and final plat application.
13. Provide a revised preliminary plat with a new plat note that states, "All sidewalks contained within the
development are subject to a perpetual ingress/egress easement for the residents and/or visitors of
Enfield Commons Subdivision." The revised preliminary plat shall be provided prior to submittal of
the final development plan and final plat application.
14. Provide a recorded pedestrian easement which provides the public to utilize the five-foot (5') wide
sidewalk located between the two (2) driveway approaches providing access to West Escalante Drive.
The applicant shall also provide a revised preliminary plat with a new plat note referencing the
recorded pedestrian easement prior to submittal of the final development plan and final plat
application.
15. Provide a revised preliminary plat showing a street light located at the intersections of the two (2) drive
aisles and West Escalante Drive. The revised preliminary plat shall be provided prior to submittal of a
design review application. (ECC 9-4-1-5)
16. In lieu of the installation of the required buffer areas located adjacent to West Escalante Drive, the
applicant shall be required to provide additional landscaping consisting of deciduous and coniferous
trees to provide additional screening between the buildable lots and West Escalante Drive. The
applicant shall be required to submit an Alternative Method of Compliance Request Form at the time
of submittal of a design review application. The landscape plan and associated Alternate Method of
Compliance request shall be reviewed and evaluated by the Design Review Board and City Council
prior to submittal of the final development plan and final plat application. The landscaping shall be
installed prior to issuance of the first building permit application.
17. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all drive aisles/parking areas within this development.
Trees shall be placed at the front of each lot generally at each side property line, or as approved by the
Design Review Board. Prior to the City Clerk signing the final plat the applicant shall either install the
required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the
installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any
occupancy permits for the units. A temporary occupancy may be issued if weather does not permit
landscaping. Partial reduction of the surety may be permitted for any portion of the development that is
completed, including street trees that have been installed. On-going surety for street trees for all
undeveloped portions of the development will be required through project completion.
Page 23 of 30
K:\Planning Dept \Eagle Applications \Preliminary Development Plans\?01TEnfield Commons Sub pzlldoc
18. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board and City Council. A detailed landscape plan
showing how the trees will be integrated into the open space areas or private lots (unless approved for
removal by the Design Review Board and City Council) shall be provided for Design Review Board
approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the
Design Review Board's direction) to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
19. The four-plex and duplex units consisting of a "Craftsman" style of architecture represents the
applicant's current concept for the project and are subject to change at the discretion of the Design
Review Board. The applicant shall submit a design review application for the proposed buildings (as
required by Eagle City Code) prior to submittal of the final development plan and final plat application
and shall comply with all conditions required by the Design Review Board and City Council prior to
the issuance of a zoning certificate.
20. - - ... - - - b .. , _ 'ar. 8 1 5, Echcdulc of b.,.•king
Requirementss,411 rnkkkle, . . . . - . • • - - . . - . the l prohibited.
All enclosed Fraley: b d -With 11:c same "Craftsman" style architecture as the
ueits.
bFt
d Pk
ftu: c3 are
21. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk
signing the final plat. (ECC 9-4-1-8)
22. Provide documentation indicating the individual wells located on the site were properly abandoned.
The documentation shall be provided prior to the City Clerk signing the final plat.
23. The applicant shall be required to obtain the proper permit and subsequently abandon the existing
septic system and drainfield located on-site. Upon removal, the applicant shall provide documentation
indicating the septic system and drainfield were properly abandoned prior to the City Clerk signing the
final plat.
24. Enfield Commons Subdivision shall remain under the control of one Homeowners Association.
25. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of the final development plan and final plat application.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
Page 24 of 30
K \Planning Dept\I'agle Applications\I'roWninary Development PI.tna\21117\Enlield Commons Sub p'S.doc
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.
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
Page 25 of 30
K:U'Ianning Pcpt\Eagk Apphcations\I'rcUm n uy Uevclopmcm Plans \2017\Enfield Commons Sub pzt doc
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.The applicant shall delineate on the face of the final plat an
easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light
fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City
Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
Page 26 of 30
K•\I'lanning Dcpt\Eagle Applications\I'rcliminary Development I'wns\20ITIinticld Commons Sub pzLdoc
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Parks and Pathways Development Commission
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways
Development Commission prior to approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by 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.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
Page 27 of 30
K:\Planning Dept \Eagle Applications\Preliminary Development Plans \2017\Enfield Commons Sub pzi.don
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.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit, preliminary development plan, and preliminary plat (CU-03-17/PPUD-02-17/PP-02-17) and
based upon the information provided concludes that the proposed development is in accordance with
the City of Eagle Comprehensive Plan and established goals and objectives because:
a. That the proposed time schedule for development of the site will occur in a timely manner.
The project is anticipated to be built in a single phase.
b. That the applicant provided documentation to show that they have sufficient control over the land,
and the financial means, to initiate the proposed development plan within one year after City
Council approval.
The property is currently owned by the applicant, who will develop the land and construct the
residential dwellings within the development. Upon completion of the project it is the applicant's
intention to maintain ownership of the development.
c. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
The proposed development will provide a housing alternative for residents who desire to rent and
live in Eagle. The proposed development will advance the general welfare of the community and
neighborhood since it is designed to be in conformance with the Comprehensive Plan. The
development will provide an additional boost to the local economy from residents residing within
the development and additional tax revenue.
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K:Wlanning IkptWagk ApplcationsI'reliminary Development I'lans\2017 \Gnfield Commons Sub prCdoc
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.
The residential dwellings will be constructed with similar architecture as the homes located within
the adjacent development and is in conformance with the architectural exhibits within the executed
development agreement. The residential units will be screened from West Escalante Drive and
North Linder Road by the required buffer areas located adjacent to the streets.
e. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
The development is planned to consist of residential uses only, it is not anticipated that any uses or
activities will be detrimental to existing or future neighborhoods.
f. 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
proposed density is in conformance with the executed development agreement.
g. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
All central services are either available to the site or will be as conditioned herein, as noted within
the letters provided by the agencies having jurisdiction over the site. Development of sewer, water,
drainage, streets, and other urban services will be provided at the developer's expense. The tax
revenue generated from the homeowners within the subdivision will offset additional costs to
public services that will serve this development. ACHD, Eagle Fire, Eagle Sewer District,
Republic Services and Eagle Water Company have reviewed the proposed development and
indicate that capacity exists to adequately serve this development.
h. That the development will not create excessive additional requirements at public cost for public
facilities and services.
J•
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.
That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non -PUD proposal.
The development contains dedicated open space with a pond with waterfall, picnic gazebo, and tot
lot.
That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
Access is to the development is provided via a collector public road (West Escalante Drive). The
two (2) access points to West Escalante Drive were constructed during the development of
Eaglefield Estates Subdivision No. 1.
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K:\Planning Dept \Eagle Applcations\Preliminary Development Plans \2017\linlield Commons Sub prLdoc
k. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
There are no known such features to be lost or damaged.
I. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development is in accordance with the Comprehensive Plan Land Use Map
designation of Transitional Residential.
m. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This applicant has requested approval for 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 two-
family and multi -family residential units with lot layout as shown on the preliminary development
plan.
n. 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.
Two-family and multi -family residential dwellings are the only uses approved for this
development.
DATED this 4th day of December, 2017
PLANNING AND ZONING COMMISSION
OF THE CITY • AGLE
Ada County
pot
Trent Wright,,Chairman
ATTEST:
Sharon Bergmann, Eagle Cit Clerk
#`4 OF EAC ,,,
0 R+
:fit: �'�*:
•• SEAL,/
Page 30 of 30
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