Findings - PZ - 2018 - RZ-04-18 & PP-03-18 - Da Modification And PpBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION AND PRELIMINARY PLAT
FOR BELLEMEADE SUBDIVISION FOR
MADERA DEVELOPMENT, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-04-18 & PP -03-18
The above -entitled modification of the executed development agreement (development agreement in lieu
of a PUD) and preliminary plat applications came before the Eagle Planning and Zoning Commission for
their recommendation on August 20, 2018, at which time public testimony was taken and the public
hearing was closed. The Commission, having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Madera Development, Inc., represented by Tamara Thompson with The Land Group, Inc., is
requesting modification of the executed development agreement (Ada County instrument number
#113089276) (development agreement in lieu of a PUD), and preliminary plat approvals for
Bellemeade Subdivision, an 81 -lot (73 -residential, 8 -common [3 -common, 4 -driveway access, 1 -
private road]) residential subdivision. The 10.99 -acre site is located on the north side of West Flint
drive at the northeast corner of West Flint Drive and North Park Lane at 3850 West Flint Drive
and 312 North Park Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Eagle Senior Center, 312 East State Street, from 6:15-
7:OOPM, Tuesday, March 27, 2018, in compliance with the application submittal requirement of
Eagle City Code. The applications for this item were received by the City of Eagle on April 19,
2018. A revised narrative was received by the City on May 25, 2018. A revised preliminary plat
was received by the City on August 15, 2018. A second revised narrative was received by the City
on August 16, 2018.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on August 1, 2018. Notice of this public hearing was mailed to property owners within
three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title
67, Chapter 65, Idaho Code and Eagle City Code on July 27, 2018. Requests for agencies'
reviews were transmitted on April 24, 2018, in accordance with the requirements of the Eagle City
Code. The site was posted in accordance with Eagle City Code on August 9, 2018.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 7, 2004, the City Council approved a comprehensive plan amendment to change the
land use designation on the Comprehensive Plan Land Use Map from Residential One (up to one
dwelling unit per acre) to Mixed Use and a rezone from A -R (Agricultural -Residential) to MU -DA
(Mixed Use with development agreement) for Lots 1 and 2, Block 1, and Lots 1, 2, 4, 5, 6, 8, and
9, Block 2, of Flint Estates Subdivision (CPA -03-03 and RZ-08-03).
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On September 27, 2005, the City Council approved a conditional use permit, preliminary
development plan and preliminary plat for Bellemeade Planned Unit Development for Tom Ricks
and John Wood (CU-07-05/PPUD-03-05/PP-09-05).
On September 26, 2018, the City Council approved a preliminary plat extension of time for
Bellemeade Planned Unit Development, to be valid until September 27, 2018 (PPUD-03-05 EXT).
On May 8, 2007, the City Council approved a design review for the common area landscaping for
Bellemaede Subdivision for Tom Ricks (DR -87-06).
On May 8, 2007, the City Council approved a design review for the signage for Bellemeade
Subdivision for Tom Ricks (DR -88-06).
On November 20, 2007, the City Council approved a final development plan and final plat for
Bellemeade Subdivision for Tom Ricks (FPUD-02-07 & FP -05-07).
On October 28, 2008, the City Council approved a modification to the development agreement
associated with Arts West Subdivision and surrounding properties (RZ-08-03 MOD).
On January 13, 2009, the City Council approved a final plat extension of time for Bellemeade and
Bellewood Planned Unit Developments, to be valid until November 20, 2009 (EXT -22-08).
On December 1, 2009, the City Council approved a final plat extension of time for Bellemeade
and Bellewood Subdivisions, to be valid until November 20, 2010 (EXT -22-09).
On December 14, 2010, the City Council approved a final plat extension of time for Bellemeade
and Bellewood Subdivisions, to be valid until November 20, 2011 (EXT -12-10).
On June 14, 2011, the City Council approved a second modification to the development agreement
associated with Arts West Subdivision and surrounding properties (RZ-08-03 MOD2).
On May 26, 2015, the City Council approved a development agreement modification and
preliminary plat approval for Liberty Park Subdivision (formerly known as Bellemeade Planned
Unit Development) (RZ-01-15/PP-01-15).
On November 17, 2015, the City Council approved a development agreement modification and
preliminary plat modification for Liberty Park Subdivision (RZ-01-15 MOD/PP-01-15 MOD).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE:
See justification letter dated May 25, 2018, provided by the applicant's representative (attached to
the staff report).
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See justification letter dated May 25, 2018, provided by the applicant's representative (attached to
staff report).
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H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
COMP PLAN
DESIGNATION
Mixed Use
No Change
North of site Public/Semi-Public
South of site Mixed Use
East of site
West of site Mixed Use
ZONING
DESIGNATION
MU -DA (Mixed Use with a
development agreement)
MU -DA (Mixed Use with
Development Agreement [in
lieu of a PUD])
PS (Public/Semipublic)
MU -DA (Mixed Use with
Development Agreement [in
lieu of a PUD])
Neighborhood Residential A -R (Agricultural -
Residential)
MU -DA (Mixed Use with
Development Agreement [in
lieu of a PUD])
I. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
J. SITE DATA:
Total Acreage of Site — 10.99 -acres
Total Number of Lots — 81
Total Number of Units — 73
LAND USE
Lot 1 and 2, Block 1,
Flint Estates Subdivision
Single-family (attached
and/or detached)
residential subdivision
Eagle High School
Single-family residence
and Warrior Park
Subdivision
Flint Estates Subdivision
Springhouse Subdivision
Residential — 73
Commercial — 0
Industrial — 0
Common — 8 (3 -common, 4- driveway access, 1 -private road)
Single-family — 73
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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Additional Site Data
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Proposed Required
6.64 -dwelling units per acre
3,600 -square feet*
40 -feet
38 -feet
Total Acreage of Common Area 2.87 -acres**
Open Space
Percent of Site as Common Area 26.1%**
Open Space
6.64 -dwelling units per
acre (as limited within the
development agreement)
5,000 -square feet
50 -feet
0 -feet (served by common
driveway)
2.76 -acres
25.1%
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.
The applicant is providing an off -setting increase in open space to allow for the reduction of lot
sizes.
** Not inclusive of private street lot and ingress/egress common lots.
K. GENERAL SITE DESIGN FEATURES:
Open Space:
A total of 2.87 -acres of open space is proposed within the development. The open space consists
of a centralized common area and buffer areas located adjacent to West Flint Drive, North Park
Lane, and West Nephi Lane.
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:
The preliminary plat, date stamped by the City on August 15, 2018, notes that all lot lines common
to a public right-of-way, private road lot, and the subdivision boundary have a 12 -foot wide
permanent public utility, drainage, and irrigation easement. The notes also indicate that no
easements are being provided along interior lot lines unless they are required by a utility provider.
All utilities including power are required to be placed underground.
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Fire Hydrants and Water Mains:
The preliminary plat, date stamped by the City on August 15, 2018, shows three (3) fire hydrants
located within the subdivision. Eagle Fire Department provided correspondence, date stamped by
the city on May 2, 2018, which indicated the bollards that are shown in the emergency fire lane
that intersects W. Nephi Lane are not approved. The fire department will accept an approved gate
to restrict use of the fire lane or simply keep the fire lane open with no obstructions.
On-site Septic System (yes or no) — Yes
The site contained two residential dwellings which are currently being served by septic systems.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the
subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
L. STREET DESIGN (based on the preliminary plat, date stamped by the City on August 15, 2018):
Public Streets: None
Private Streets:
The private street typical section shows a 50 -foot wide street section (contained within the
common lot). The area of the private street located within the common lot contains 36 -feet of
travel way (as measured from back of curb to back of curb) with two -foot wide reverse curb and
gutter located on each side of the travelway. One side of the street contains 7 -feet of an 8 -foot wide
landscape strip. The street section shows an attached sidewalk located on one side of street and a
detached sidewalk on the opposite of the street, both of which are located outside of the common
lot. The street section shows an 8 -foot wide ACHD easement containing the detached sidewalk
and an 8 -foot wide ACHD easement located 2 -feet behind the attached sidewalk.
The private street typical section for the entrance from Flint Drive shows a 70 -foot wide street
section inclusive of two (2) 22 -foot roadway sections (as measured from back of curb to back of
curb) with vertical curbing, an 11 -foot landscape island, and 8 -foot wide drainage swales located
on each side of street. The street section also shows 5 -foot wide detached sidewalks located
outside of the right-of-way on each side of street.
Blocks Less Than 500': None proposed
Cul-de-sac Design: None proposed
Sidewalks:
The preliminary plat, date stamped by the City on August 15, 2018,
Curbs and Gutters:
Reverse curb and gutter is proposed adjacent to the internal private streets.
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Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to date.
Approval from that committee is required prior to final plat approval.
M. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways/Pathways:
The applicant's narrative, date stamped by the City on August 16, 2018, indicates the development
will contain a large open space with walking paths. However, no walking paths are delineated on
the preliminary plat.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right-of-way or separate easement, as may be specified by the City Council.
N. PUBLIC USES PROPOSED: None
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Lynn Moser, General Manager, Eagle Sewer District, provided email correspondence, dated April
24, 2018, indicating the property is annexed into the Eagle Sewer District and there is a sewer
main located within Flint Drive. The property is located within Suez company's certificated water
service area. Fire and medical services will be available from the Eagle Fire District. Police
protection is provided by the Ada County Sheriff's Department through contract with the City of
Eagle.
Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — No
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
Mature Trees — Yes — located in proximity to the existing residences, centrally within the site,
adjacent to North Park Lane, and adjacent to the eastern boundary line.
Riparian Vegetation — No
Steep Slopes — No
Stream/Creek — No
Unique Animal Life — No
Unique Plant Life — No
Unstable Soils — No
Wildlife Habitat — No
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Not required.
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S. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated, July 26, 2018, are of special
concern (attached to the staff report).
City Water Supervisor: Email indicating the property is located within Suez Water Company,
certificated water service area (attached to the staff report).
Ada County Highway District
Andeavor
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Fish and Game
Idaho Transportation Department
T. LETTERS FROM THE PUBLIC: None received to date.
U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to develop the subdivision in two phases.
V. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
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.
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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.
In cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
6.5 Land Use Designation
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential.
Residential densities within the designation is up to 20 units per acre but density will be
determined on a site by site basis. Uses should complement and not take away from downtown
Eagle. Development within this land use designation should be required to proceed through the
PUD and/or development agreement process. See the planning area text for a complete description
of site specific uses.
Chapter 6: Land Use
6.5.1 Park Lane Uses
B. Flint Drive shall be preserved primarily as a residential street.
6.5.2 Park Lane Design
B. Flint Estates Area
1. The Flint Estates area adjacent to State Highway 44 should be designed to provide
commercial uses that encourage pedestrian circulation from the residential and
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high school areas, to complement the existing mixed-use area at State Street and
Park Lane (Camille Beckman) and planned new residential uses adjacent to the
north.
Street trees, benches and sidewalks are encouraged within the Park Lane Planning
Area.
3. Common parking areas at the side of buildings and joint parking agreements
should be encouraged so walking distances between buildings are minimized and
provide a pedestrian scale to the area.
4. Th activity centers and building orientation should focus on internal circulation
streets rather than the regional transportation network.
5. On -street parking should be encouraged where sufficient right of way is available.
6. Transitional lot sizes and design elements (berms, fences, etc.) should be used to
provide buffering to residential areas to the east and north of the mixed-use area.
Chapter 8: Transportation
8.4.1 Roadway Strategies:
P. Local and collector streets through residential neighborhoods are recommended to provide
connectivity while being designed to preserve the character of the surrounding neighborhoods
through appropriate design techniques, including street width, traffic calming, and traffic
control. The goal of the local street system is to provide for local circulation within Eagle and
not for regional traffic. Cul-de-sac streets and private streets should be discouraged. In order to
provide this connectivity, new developments should be required to stub access to adjacent
undeveloped or underdeveloped parcels consistent with ACHD road spacing standards. All
new developments should be reviewed for appropriate opportunities to connect to local roads
and collectors in adjacent developments.
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.
EASEMENT: Authorization by a property owner for the use by another, and for a specified
purpose, of any designated part of his property.
LOT TYPES: Terminology used in this title with reference to corner lots, interior lots and
through lots is as follows:
Through Lot: A lot other than a corner lot with frontage on more than one street. Through lots
abutting two (2) streets may be referred to as double frontage lots.
• Eagle City Code, Section 8-2-1: Districts Established:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited
office, limited commercial, and residential. This district is intended to ensure compatibility of
new development with existing and future development. It is also intended to ensure
assemblage of properties in a unified plan with coordinated and harmonious development
which shall promote outstanding design without unsightly and unsafe strip commercial
development. Uses should complement the uses allowed within the CBD zoning district. All
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development requiring a conditional use permit in the MU zoning district, as shown in section
8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in
accordance with chapter 6 or 10 of this title unless the proposed development does not meet
the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative
development, in conjunction with adjacent parcels (to meet the minimum area requirements),
shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed
use is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapter.
Residential densities shall not exceed twenty (20) dwelling units per gross acre. When a
property is being proposed for rezone to the MU zoning district, a development agreement
may be utilized in lieu of the PUD and/or conditional use process if approved by the city
council, provided the development agreement includes conditions of development that are
required during the PUD and conditional use process.
• Eagle City Code, Section 8-2-1: Schedule of District Use Regulations:
Single-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*
IMU l I35'
20'
20'
17.5' 1120'
115,000 1150'
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
• Eagle City Code, Section 8 -2A -7(J): Buffer Areas/Common Lots:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi -family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy,
potentially dangerous, high speed roads. The "buffer area" shall be defined as a common
lot located between the residential lots within the subdivision and the right of way line of
the adjacent roadway. This buffer is required as part of the common area open space
owned and maintained by a homeowners' association. Any landscaping proposed to be
within the public right of way shall not be included as a part of the buffer area required
below. The height for berming/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway (measured at the centerline) to the top
of the proposed berming/fencing. The required buffer area width, plantings, and fencing
are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall
be provided with the following plants per one hundred (100) linear feet of right of
way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each
required shade tree may be substituted with two (2) flowering/ornamental trees,
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provided that not more than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If
a decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall is to be provided in combination with the berm, a four foot (4') wide flat area
shall be provided for the placement of the decorative wall. Chainlink, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code, Section 8-4-5: Schedule of Parking Requirements:
Type Of Use Off Street Parking Spaces
Required
RESIDENTIAL
Apartments For each unit with 2 or more
or multi- bedrooms - 2 including 1 covered;
family for each 1 bedroom or studio unit -
dwellings 1.5 including 1 covered. 0.25
spaces per unit shall be provided
for guest parking. Adjacent on
street parking spaces on a local
street may be credited toward the
guest parking requirement
• Eagle City Code, Section 8-7-3-3: Public Sites and Open Spaces:
B. Natural Features: Existing natural features which add value to residential development and
enhance the attractiveness of the community (such as trees, watercourses, historic spots
and similar irreplaceable assets) shall be preserved in the design of the development.
C. Special Developments: In the case of planned unit developments and large scale
developments, the council may require sufficient park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
development.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-3-2-1(J):
Driveways: Driveways providing access to no more than two (2) dwelling units shall be
allowed within any subdivision.
• Eagle City Code Section, 9-3-5: Lots:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height
and area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary
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from the standards within section 8-2-4 of this code may be considered as part of the
planned unit development.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines. Total easement width shall not be less than twelve feet (12'), except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of
the planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code Section, 9-3-8 (D)(4): Public Sites and Open Spaces: Ownership and
Management of Open Space:
a. Ownership Of Open Space: The applicant must identify the owner of the open space who
is responsible for maintaining the open space and facilities located thereon. If a
homeowners' association is the owner, membership in the association shall be mandatory
and automatic for all homeowners of the subdivision and their successors. If a
homeowners' association is the owner, the homeowners' association shall have lien
authority to ensure the collection of dues from all members. The responsibility for
maintaining the open space and any facilities located thereon shall be borne by the owner.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
F. Sidewalk Design:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or
at the building setback line, is over one hundred feet (100'), sidewalks on only one
side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County highway district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of
curb by a minimum eight foot (8') wide landscape strip. The landscape strip shall be
completed with sod, automatic irrigation, and planted with three inch (3") minimum
caliper shade class trees along all streets within the subdivision. Installation of
landscaping shall be in accordance with section 8-2A-7 of this code. The area within
the eight foot (8') wide landscape strip may be counted toward the minimum required
common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line.
Minor variations to the location of a tree may be considered by the design review
board during the review of the subdivision landscape plan.
D. DISCUSSION (based on preliminary plat, date stamped by the City on August 15, 2018):
• Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes shall
conform to the closest compatible base zone identified in Eagle City Code Section 8-2-4. The
applicant is requesting a MU -DA (Mixed Use with a development agreement [development
agreement in lieu of a conditional use permit]) zoning designation. The required setbacks
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within the MU (Mixed Use) zone are as follows:
Front 20 -feet
Rear 20 -feet
Side 7.5 -feet
Street Side 20 -feet
Maximum Coverage 50%
The applicant is proposing single-family detached and/or attached units to be located on lots
separating each unit. Since the units will be attached on one (1) side the applicant is requesting
a "zero" side setback. The proposed setbacks as identified in the applicant's narrative, date
stamped by the City on October 25, 2016, reflects the following setbacks:
Front: 20 -feet*
Rear: 15 -feet
Interior Side: 0-feet/5-feet (detached)
Street Side: 15 -feet (living), 20 -feet (garage)
* Front setback measured from back of sidewalk to front of garage
With regard to the reduction of setbacks, staff has the following comments:
The applicant is proposing the front setback be measured from the back of sidewalk. Pursuant
to Eagle City Code Section 8-1-2, setbacks are measured from the property lines. The street
section shown on the preliminary plat, date stamped by the City on August 15, 2018, shows
the detached 5 -foot sidewalk located 1 -foot outside of the right-of-way and the attached
sidewalk located within the right-of-way. The front setback should be measured from the
property line and provide for a minimum of 20 -feet between the back of sidewalk and front of
the garage.
The applicant is proposing a side setback of 0 -feet for attached units and 5 -feet for detached
units with no additional setback for two-story structures. The applicant provided building
elevations, date stamped by the City on August 13, 2018, showing single -story structures.
Based on the width of the lots and the building elevations, the residential dwellings should be
restricted to single -story only.
It is staff's opinion that based on 1) locations of the sidewalk in relationship to the right-of-
way, 2) the request for a side setback of 5 -feet with no additional setback for two-story
structures, 3) size of the lot, and 4) no reference of a maximum lot coverage, the setbacks and
lot coverage should be approved as follows:
Front: 26 -feet
Rear: 15 -feet
Interior Side: 0-feet/5-feet (detached)
Street Side: 21 -feet (living), 26 -feet (garage)
Maximum Lot Coverage: 60%
The residential dwellings shall be single -story (25 -feet maximum height).
• The applicant is proposing a private street with no interconnectivity to the adjacent parcels.
The transportation chapter of the comprehensive plan identifies a roadway strategy which
states, "Local and collector streets through residential neighborhoods are recommended to
provide connectivity while being designed to preserve the character of the surrounding
neighborhoods through appropriate design techniques, including street width, traffic calming,
and traffic control. The goal of the local street system is to provide for local circulation within
Eagle and not for regional traffic. Cul-de-sac streets and private streets should be discouraged.
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To provide this connectivity, new developments should be required to stub access to adjacent
undeveloped or underdeveloped parcels consistent with ACHD road spacing standards. All
new developments should be reviewed for appropriate opportunities to connect to local roads
and collectors in adjacent developments."
Flint Drive functions as a residential collector. The adjacent property located to the east will
more than likely be developed in the future. The subdivision should have public streets within
the development with a street stub providing connectivity to the adjacent property to the east
which will establish a future street network in the future. The applicant should be required to
provide a revised preliminary plat with public streets and a street stub providing connectivity
to the adjacent property to the east. The revised preliminary plat should be provided prior to
submittal of a design review application.
• The private street typical section shown on the preliminary plat shows an attached sidewalk
located adjacent to one side of the street. Pursuant to Eagle City Code Section 9-4-1-6(F)(3),
sidewalks shall be separated from the edge of abutting roadway and/or back of curb by a
minimum 8 -foot wide landscape strip. Also, the street section shows an ACHD easement
located 2 -feet behind the sidewalk. The sidewalk should be located within the ACHD
easement. If the private street is approved, the applicant should provide a revised preliminary
plat with a private street typical section showing an 8 -foot wide landscape strip separating the
sidewalk from back of curb on both sides of the street. The revised preliminary plat should be
provided prior to submittal of a design review application.
o Plat note #3 on the preliminary plat states, "Lot 57, Block 1, shall be a private road lot to
be owned and maintained by the homeowners association."
The plat note does properly address the required plat notes associated with private streets.
Pursuant to Eagle City Code Section 9-3-2-5(C)(2) notes shall be included on the face of
the plat which shall: a) Act to convey to each lot owner within the subdivision to be served
by the private street the perpetual right of ingress and egress over the described private
street; b) Provide that such perpetual easement shall run with the land; and c) Provide that
the restrictive covenant for maintenance of the private street cannot be modified and the
homeowners'/property owners' association or other entity cannot be dissolved without the
express consent of the city. The applicant should provide a revised preliminary plat with
plat note #3 revised to a) convey to each lot owner within the subdivision to be served by
the private streets the perpetual right of ingress and egress over the described private
streets, b) provide that such perpetual easement shall run with the land, c) provide that the
restrictive covenant for maintenance of the private streets cannot be modified and the
homeowners'/property owners' association or other entity cannot be dissolved without the
express consent of the city. The revised preliminary plat should be provided to the City
prior to submittal of a final plat application.
• Plat note #5 of the preliminary plat states (in part), "The following lots are designated as
common/landscape area lots and will be owned by the homeowners association and/or assigns.
These lots shall have a blanket public utilities, drainage, and irrigation easement over the
entirety of the lot." Pursuant to Eagle City Code Section 9-3-8(D)(4)(a), the applicant is
required to identify the owner of the open space who is responsible for the maintaining the
open space and facilities located thereon. The applicant should be required to provide a
revised preliminary plat with plat note #5 revised to state, "The following lots are designated
as common/ landscape area lots and will be owned and maintained by the Bellemeade
Subdivision homeowners association and/or assigns. These lots shall have a blanket public
utilities, drainage, and irrigation easement over the entirety of the lot." The revised preliminary
plat should be provided prior to submittal of a final plat application.
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• Plat note #6 of the preliminary plat states (in part), "The following lots are designated as
common lots to provide ingress/egress to the following identified lots. These lots also provide
blanket public utility, irrigation and drainage easements. Said lots will be owned and
maintained by the homeowners association." The number of lots gaining access from the four
(4) common lots vary in number from 2-4 residential lots. Pursuant to Eagle City Code
Section 9-3-2-1(J), driveways providing access to no more than two (2) dwelling units shall be
allowed within any subdivision. The applicant should be required to provide a revised
preliminary plat showing that no more than two (2) dwelling units take access from a single
driveway prior to submittal of a final plat application. If the City Council approves more than
two (2) dwelling units taking access from a single driveway, the applicant should provide a
revised preliminary plat with plat note #6 revised to state, "The following lots are designated
as common lots, which a) provide perpetual right of ingress/egress, b) the easement runs with
the land, and c) shall be owned and maintained by the Bellemeade homeowners association.
These lots also provide blanket public utility, irrigation and drainage easements." The revised
preliminary plat should be provided prior to submittal of a final plat application.
• Plat note #12 of the preliminary plat states, "Minimum building setback lines shall be in
accordance with the Eagle City zoning ordinance at the time of issuance of a building permit
or as specifically approved and/or required." The setbacks for the development will be a
condition of development within the development agreement. The applicant should be
required to provide a revised preliminary plat with plat note #12 revised to state, "Minimum
building setbacks shall be in accordance with City of Eagle applicable zoning and subdivision
regulations or as specifically approved with the development agreement associated with RZ-
04-18 or any subsequent modifications." The revised preliminary plat should be provided prior
to submittal of a final plat application.
• Plat note #13 of the preliminary plat states, "All development within this subdivision shall be
consistent with the Conditions of Development of the development agreement associated with
and subsequent modifications." The rezone number associated with the subject
application is RZ-04-18. The applicant should be required to provide a revised preliminary
plat with plat note #13 revised to state, "All development within this subdivision shall be
consistent with the Conditions of Development of the development agreement associated with
RZ-04-18 and subsequent modifications." The revised preliminary plat should be provided
prior to submittal of a final plat application.
• The preliminary plat identifies a 31.4 -foot wide existing Ballentyne Ditch Company north
drain easement to be relinquished. The preliminary plat also identifies a proposed 20 -foot wide
Ballentyne Ditch Company north drain easement, both of which are located adjacent to North
Park Lane. The applicant should be required to provide documentation from the Ballentyne
Ditch Company indicating the Ballentyne Ditch Company 31.4 -foot wide north drain easement
has been relinquished and a Ballentyne Ditch Company 20 -foot wide north drain easement is
shown adjacent to North Park Lane on the final plat prior to the City Clerk signing the final
plat.
• The preliminary plat identifies a 50 -foot wide existing Drainage District #2 easement to be
relinquished. The preliminary plat also identifies a proposed 25 -foot wide Drainage District #2
easement, both of which are located adjacent to West Flint Drive. The applicant should be
required to provide documentation from Drainage District #2 indicating the Drainage District
#2 50 -foot wide easement has been relinquished and a Drainage District #2 25 -foot wide
easement is shown adjacent to West Flint Drive on the final plat prior to the City Clerk signing
the final plat.
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• The preliminary plat identifies that Lot 40, Block 1, will contain an emergency fire access. The
preliminary plat also identifies the emergency fire access will have removable bollards located
at the entrance from West Nephi Lane. The Eagle Fire Department provided correspondence,
date stamped by the City on May 2, 2018, which indicated the bollards shown on the
emergency fire lane that intersects West Nephi Lane are not approved. The correspondence
further states that the fire department will accept an approved gate to restrict use of the fire
lane or keep the fire lane open with no obstructions. Also, at the time the fire department
reviewed the preliminary plat, the internal roads were proposed as public. The applicant's
narrative, date stamped by the City on August 16, 2018, indicates the private streets may be
gated in the future. The applicant should be required to provide correspondence from the
Eagle Fire Department approving any gates proposed to block the emergency fire access
located within Lot 40, Block 1. The correspondence should be provided prior to installation of
the gated entrance. If the private streets are approved, the applicant should be required to
provide correspondence from Eagle Fire Department approving the subdivision with private
streets. The correspondence should be provided prior to submittal of a final plat application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested modification of
the executed development agreement (development agreement in lieu of a PUD) and preliminary plat with
the conditions of approval as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on August
20, 2018, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by one (1) individual who voiced the following concerns:
• The proposed density is too high for the area.
• The applicant has not provided a transition of lots sizes to the adjacent property.
• The availability of surface water for a pressurized irrigation system.
• The existing trees located within the subject property should be maintained within the property.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/representative).
D. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning
and Zoning Commission by three (3) individuals who indicated the following:
• Have a concern regarding the overcrowding of schools in the area.
• Park Lane is not designed for additional traffic, therefore, the traffic from the proposed
development will have an impact to Park Lane.
• Have an appreciation that apartments are not being proposed and requested lower density located
adjacent to the eastern boundary.
• Has a concern with the proposed density being so high when property prices are as high as they are
in the area.
• The applicant should be required to maintain the 5,000 -square foot minimum lot size required for
the MU (Mixed Use) zoning district.
• Park Lane is backed up when school is in session. During the times that Park Lane is backed up
the residents within the development will utilize Flint Drive to access SH -44.
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COMMISSION DELIBERATION: (Granicus time 1:41:30)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The development is designed to be in conformance with the comprehensive plan and Eagle City Code.
• It doesn't matter where new developments are being proposed traffic is always discussed as being a
concern.
• One of the Commissioners indicated the applicant has provided the off -setting increase in open space
to mitigate for the proposed smaller lot sizes, however, the other Commissioners indicated the
applicant should be required to conform with the minimum lot size required for the MU (Mixed Use)
zoning district.
• No concerns with private streets.
• They do not support allowing for full access from the high school through the development.
• There should be sufficient space to park a vehicle between the back of the sidewalk and the front of the
garage.
COMMISSION DECISION REGARDING THE MODIFICATION OF THE EXECUTED
DEVELOPMENT AGREEMENT (DEVELOPMENT AGREEMENT IN LIEU OF A PUD):
The Commission voted 4 to 0 (Guerber absent) to recommend approval of RZ-04-18 for a modification of
the executed development agreement (development agreement in lieu of a — PUD) for Madera
Development, Inc., with the following staff recommended conditions of development to be placed within
an amended and restated development agreement with underline text to be added by the Commission and
strikethrough text to be deleted by the Commission:
3.1 The residential use shall be a permitted use on the Property. The maximum density for the Property
shall be 6.64 -dwelling units per acre (73 -dwelling units).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.4 The setbacks and lot coverage shall be as follows:
Front: 3126 -feet
Rear: 15 -feet
Interior Side: 0-feet/5-feet (if detached)
Street Side: 21 -feet (living), 3126 -feet (garage)
Maximum Lot Coverage: 60%
Tho a idential a. eIIi::g shall be e --story (25 - - - -- . -- - -'b - , - ' -- . -- 'ell plate
height of 13 feet).
The development may contain 60% single -story dwellings (with a maximum plat height of 10 -feet
and maximum building height of 25 -feet) and 40% two-story dwellings. The two-story dwellings
shall be located along the northern property line and within the center housing area of the
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subdivision.
3.5 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an
operation and maintenance manual including the funding mechanism as an addendum to the
CC&Rs and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified ant that the homeowners association or other entity cannot be
dissolved without the express consent of the city.
(b) An allocation of responsibility for the repair and maintenance of the private streets and
common lots providing ingress/egress, including the repair and replacement of asphalt and
sidewalks, in perpetuity. The owner shall provide an operation and maintenance manual
including the funding mechanism as an addendum to the CC&Rs and the repair and
maintenance requirement shall run with the land and that the requirement cannot be modified
ant that the homeowners association or other entity cannot be dissolved without the express
consent of the city.
(c) A requirement that no parking is allowed on the emergency fire access and a mechanism for
the enforcement of the no parking requirement.
(d) 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 three -rail -type wooden
decorative fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be prohibited.
(e) 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.
3.6 The single-family dwellings shall be constructed utilizing the style architecture as shown on Exhibit
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CCR&S. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permit applications that do not have an approval letter attached will not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not meet the design requirements as may be
stipulated by the Eagle Design Review Board and Eagle City Council.
3.7 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the
submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide
proof of central sewer service to the proposed residential and commercial uses. A letter of approval
shall be provided to the City from the Idaho Department of Health and Welfare, Department of
Environmental Quality, and/or Central District Health, prior to issuance of any building permits.
3.9 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees
located on-site. The report shall identify, at a minimum, species, size, and health of the trees. The
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arborist report and map shall be provided with the submittal of a design review application. Owner
shall provide a narrative indicating how the trees will be incorporated into the design of the
subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior
to city approval of a tree removal and replacement plan.
3.10 In conjunction with 3.8 above, all living trees that do not encroach upon the buildable area on any lot
shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape
plan showing how the trees will be integrated into the open space areas (unless approved for removal
and mitigation by the Design Review Board) shall be provided for Design Review Board approval
prior to the submittal of a final plat application.
3.11 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the all common areas throughout the development, 3) landscape
screening details and buffering for the common lot located adjacent to North Park Lane 4) elevation
plans for all proposed common area structures and irrigation pump house (if proposed), 5) landscape
screening details of the irrigation pump house (if proposed), and 6) useable amenities such as picnic
tables, covered shelters, benches, gazebos, and/or similar amenities. The design review application
shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final
plat application.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 0 (Guerber and Smith absent) to recommend approval of PP -03-18 for a
preliminary plat for Bellemeade Subdivision for Madera Development, Inc., 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 strikethrough text to be deleted by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-04-18.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the City Clerk signing the final plat. (ECC 9-2-3 [C] [3] [l])
1. Provide a revised -preliminary plat with public streets and a street stub providing
adjacent -property to the east. The revised pre?inlinaff plat shall be provided prier -to -submittal of a
design review application.
5. If the private street is approved, the-applieant shall provide a revised -preliminary -plat -with a p: i` -ate
street typical section shote an 8 feet e-l-andscapc strip -separating the cdewalk from baek of eurh
en -beth cider, of -the street. The rc'/iced preliminary plat :.a revided pry: t3 submittal of a design
review-appli
6. If the private street is approved, provide a revised preliminary plat with plat note #3 revised to a)
convey to each lot owner within the subdivision to be served by the private streets the perpetual right
of ingress and egress over the described private streets, b) provide that such perpetual easement shall
run with the land, c) provide that the restrictive covenant for maintenance of the private streets cannot
be modified and the homeowners'/property owners' association or other entity cannot be dissolved
without the express consent of the city. The revised preliminary plat shall be provided to the City prior
to submittal of a final plat application. (ECC 9-3-2-5[C])
7. Provide a revised preliminary plat with plat note #5 revised to state, "The following lots are designated
as common/landscape area lots and will be owned and maintained by the Bellemeade Subdivision
homeowners association and/or assigns. These lots shall have a blanket public utilities, drainage, and
irrigation easement over the entirety of the lot." The revised preliminary plat should be provided prior
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to submittal of a final plat application. (ECC 9-3-8[D][4][a])
8. Provide a revised preliminary plat showing that no more than two (2) dwelling units take access from a
single driveway prior to submittal of a final plat application. If the City Council approves more than
two (2) dwelling units taking access from a single driveway, the applicant shall provide a revised
preliminary plat with plat note #6 revised to state, "The following lots are designated as common lots,
which a) provide perpetual right of ingress/egress, b) the easement runs with the land, and c) shall be
owned and maintained by the Bellemeade homeowners association. These lots also provide blanket
public utility, irrigation and drainage easements." The revised preliminary plat shall be provided prior
to submittal of a final plat application. (ECC 9-3-2-5[C])
9. Provide a revised preliminary plat with plat note #12 revised to state, "Minimum building setbacks
shall be in accordance with City of Eagle applicable zoning and subdivision regulations or as
specifically approved with the development agreement associated with RZ-04-18 or any subsequent
modifications." The revised preliminary plat shall be provided prior to submittal of a final plat
application. (ECC 8-2-4)
10. Provide a revised preliminary plat with plat note #13 revised to state, "All development within this
subdivision shall be consistent with the Conditions of Development of the development agreement
associated with RZ-04-18 and subsequent modifications." The revised preliminary plat shall be
provided prior to submittal of a final plat application.
11 Provide documentation from the Ballentyne Ditch Company indicating the Ballentyne Ditch Company
31.4 -foot wide north drain easement has been relinquished and a Ballentyne Ditch Company 20 -foot
wide north drain easement is shown adjacent to North Park Lane on the final plat prior to the City
Clerk signing the final plat.
12. Provide documentation from Drainage District #2 indicating the Drainage District #2 50 -foot wide
easement has been relinquished and a Drainage District #2 25 -foot wide easement is shown adjacent to
West Flint Drive on the final plat prior to the City Clerk signing the final plat.
13. Provide correspondence from the Eagle Fire Department approving any gates proposed to block the
emergency fire access located within Lot 40, Block 1. The correspondence shall be provided prior to
installation of the gated entrance.
14. If the private streets are approved, the applicant shall provide correspondence from Eagle Fire
Department approving the subdivision with private streets. The correspondence shall be provided prior
to submittal of a final plat application.
15. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas or private lots (unless approved for removal by the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat. 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.
16. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed at
the front of each lot generally at each side property line, or as approved by the Design Review Board.
The trees shall be located within an 8 -foot wide landscape strip between the 5 -foot wide concrete
sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install the
required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the
installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any
occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit
landscaping. Partial reduction of the surety may be permitted for any portion of the development that is
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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.
17. 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)
18. The applicant shall be required to abandon the existing septic system(s) and drainfield(s) located
onsite. Upon removal the applicant shall provide documentation from the contractor constructing the
subdivision indicating the septic system(s) and drainfield(s) were properly abandoned prior to the City
Clerk signing the final plat.
19. Bellemeade Subdivision shall remain under the control of one Homeowners' Association.
20. The applicant shall provide a revised preliminary plat showing the lot sizes to be a minimum of 5,000 -
square feet in size. The revised preliminary plat shall be provided prior to submittal of a design review
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.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
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9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that Lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, 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. 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.
13. 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.
14. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
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c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee 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
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plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall 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.
34. 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.
35. 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 rezone upon
annexation (RZ-04-18) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed rezone upon
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annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The zoning designation of MU -DA (Mixed Use with a development agreement) is consistent with
the Mixed Use designation as shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zoning
district is compatible with the PS (Public/Semipublic) zone and land use to the north since the area
is developed with a high school (Eagle High School);
d. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zoning
district is compatible with the MU -DA (Mixed Use with a development agreement in lieu of a
PUD) zone and land use to the south since that area has been developed with residential homes
and two (2) commercial lots and West Flint Drive is located between the two (2) developments;
e. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zoning
district is compatible with the A -R (Agricultural -Residential) zone and land use to the east since
that area is a vacant parcel and may be developed with a density of up to four dwelling units/acre;
f. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zoning
district is compatible with the MU -DA (Mixed Use with a development agreement in lieu of a
PUD) zone and land use to the west since the property is developed with a residential subdivision
and is buffered from the subject property by North Park Lane and a landscape buffer;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan; and
h. No non -conforming uses are expected to be created with this rezone.
2. The Commission reviewed the particular facts and circumstances of this proposed development
agreement in Lieu of a PUD, and based upon the information provided concludes that the proposed
development is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. What is the proposed time schedule for the development of the site? Provide details regarding
phasing if proposed.
The development is proposed to be constructed in two (2) phases with the first phase proposed to
begin in the fall of 2018 with vertical construction to begin in the spring of 2019. If the market
remains positive the development may be constructed in a single-phase with construction to begin
in the spring of 2019.
b. Provide documentation to show that you will have sufficient control over the land, and the
financial means, to initiate the proposed development plan within one year after City Council
approval.
The property is owned by Madera Development, Inc., and the development will be initiated within
a year following City Council approval.
c. Explain why, in your opinion, this proposed PUD would be in the public interest, advances the
general welfare of the community and neighborhood, and will not be detrimental to the economic
welfare of the community.
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The intent of the Bellemeade Subdivision is to provide a residential project with a unique product,
which is a goal of the City of Eagle PUD ordinance;
d. How will the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity and
how will such use not change the essential character of the same area.
The development will be harmonious and appropriate in appearance with existing development
located within the area since the area to the south is currently developed with a mixed use
subdivision with residential dwellings and two (2) commercial lots. The developed is bordered on
the north by Eagle High School and to the west by North Park Lane. The applicant will be required
to provide a landscape buffer to the south and to the west boundaries. The homes adjacent to the
east, south, and west boundaries will be restricted to a single -story in height.
e. Explain why this 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 existing of future neighborhoods.
f. Will this development involve uses, activities, processes, materials, equipment, and/or conditions
of operation that will be detrimental to any persons, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors? Explain.
The development is planned to consist of residential uses only, it is not anticipated that any uses or
activities will be detrimental to the surrounding properties upon completion of the site work. The
development will be served by a network of public streets providing for neighborhood connectivity
with an internal public road and private alley accesses.
How will this development be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
g.
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, and
Republic Services have reviewed the proposed development and indicate that capacity exists to
adequately serve this development.
h. Explain why this development will not create excessive additional requirements at public cost for
public facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses.
Discuss proposed infrastructure, parks, ponds, open areas, areas of special interest, floodplain and
any other special features in the proposed development.
The development plan was designed with consideration given to usable open space and providing
a residential product that is unique to Eagle.
Are the vehicular approaches to the property designed to not create an interference with traffic on
surrounding public thoroughfares? If so explain.
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Access is to the development is provided via a public street (West Flint Drive) and an emergency
access from the north.
k. Explain why the development will not result in the destruction, loss, or damage of a natural, scenic
or historic feature of major importance.
There are existing mature trees located within the site that will be retained or mitigated for within
the site.
I. How will the proposed development 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 since the plan calls for
Mixed Use for the overall development with a density for the overall development of 20 units per
acre. The proposed development is 6.64 -dwelling units/acre.
m. How will the proposed development be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This applicant requested approval for a development agreement as outlined in Eagle City Code and
satisfies those requirements as well as will be required to meet the conditions herein. In addition,
the applicant will be required to submit an application for design review and comply with all Eagle
City Codes and conditions of approval of the design review. The proposed development will
include town homes as proposed.
n. Describe what deviations from standard district regulations are proposed, and explain how the
benefits, combination of various land uses, and interrelationship with the surrounding area for this
proposed development justifies the deviation from the standard district regulations.
Town homes are the only use approved for this development. The proposed development is
designed to be in conformance with Eagle City Code Section 8-6-1(C), Planned Unit Development
Objectives stated therein.
In case of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
o. Identify all public services that would be provided to the development including, but not limited
to, fire protection, police protection, central water, central sewer, road construction, parks and
open space, recreation, maintenance, schools and solid waste collection.
Fire
The project is located within the Eagle Fire District and the District has reviewed and approved the
plan.
Police
The project will be served by the Eagle Police Department.
Water
The project is located within the Suez Water Company's certificated water service area.
Sewer
The project is annexed into the Eagle Sewer District and will be designed and constructed to
comply with the requirements of the Eagle Sewer District.
Road Construction
The construction of all interior private streets will be completed by the developer.
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P•
q.
Maintenance
The maintenance of any private open space areas, private streets, and private driveways will be
regulated by the Homeowner's Association. The public roads adjacent to the site will be
maintained by ACHD. The sewer and water systems will be publicly owned and maintained once
installed.
Schools
The residents of the subdivision are located in the West Ada School District boundaries, who serve
the area.
Provide an estimate of the public service costs to provide adequate service to the development.
The water, sewer, and roadways will be constructed and funded by the developer. The public
services must be approved at the time of installation and before acceptance by the respective
agencies. Because the developer provides the services in the initial stages of development the
public service providers avoid potential liability and expenses. The revenue generated from taxes
will cover the additional manpower necessary to serve this property once developed.
Provide an estimate of the tax revenue that will be generated from the development.
The estimated tax revenue generated from the development is approximately $285,890.00/year
(without Homeowner's Exemption).
r. Provide suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the development.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. Because the developer provides the services in the initial stages
of the development the public service providers avoid potential liability and expenses.
3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP -03-18) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document and the proposed residential use is in
accordance with the residential land use designation of this area shown within the Comprehensive
Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police and
fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons
or agencies responsible for the establishment of the proposed use shall be able to provide
adequately any such services, as noted in the documentation provided from said agencies and as
required as a part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle Fire District
and Ada County Highway District as conditioned herein, there is adequate public financial
capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of approval as set
forth within the conditions of approval herein.
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K:\Planning DeptlEagle Applicationx\SU13S120181Bellemeade Sub piI dnc
DATED this 4th day of September, 2018.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
ATTEST:
Sharon K. Bergmann, Eagle Oity Clerk
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