Minutes - 2014 - Planning & Zoning - 10/06/2014 - Regular THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
October 6, 2014
Minutes
1. CALL TO ORDER: Meeting called to order at 6:01 p.m.
2. ROLL CALL: Present: SMITH, VILLEGAS, and SOELBERG. Absent: KOELLISCH,
WRIGHT. A quorum is present.
3. CONSENT AGENDA:
♦ Consent Agenda items are considered to be routine and are acted on with one motion. There
will be no separate discussion on these items unless the Chairman, a Commissioner, member
of City Staff, or a citizen requests an item to be removed from the Consent Agenda for
discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda
in a sequence determined by the Rules of Order.
♦ Any item on the Consent Agenda that contains written recommendations from the City of
Eagle shall be adopted as part of the Planning & Zoning Commission's Consent Agenda
approval motion unless specifically stated otherwise.
A. Minutes of September 15,2014.
B. Findings of Fact and Conclusions of Law for A-02-14/RZ-02-14 & PP-01-14 - Banbury
Meadows Subdivision No. 8 - Banbury Meadow, LLC: Banbury Meadow, LLC,
represented by Becky McKay with Engineering Solutions, LLP, is requesting an annexation,
rezone from RUT (Rural-Urban Transition — Ada County designation) to R-3-DA
(Residential up to three units per acre with a development agreement), and preliminary plat
approvals for Banbury Meadows Subdivision No. 8, a 31-lot (26 buildable and 5 common)
residential subdivision. The 11.81-acre site is generally located at the west side of South
Chipper Way approximately 50-feet north of the intersection of South Chipper Way and
West Oakhampton Drive.
C. Findings of Fact and Conclusions of Law for RZ-07-13MOD &PP-04-14—Gateway
Subdivision - North Side Management: North Side Management, represented by Scott
Noriyuki, is requesting a development agreement modification,development agreement in
lieu of a PUD, and preliminary plat approval for Gateway Subdivision, a 101-lot(95
buildable and 6 common)residential subdivision. The 28.11-acre site is generally located at
the SW corner of E. Sadie Drive and N.Echohawk Way.
Smith moves to approve the minutes of September 15th as presented and the Findings of
Fact for A-02-14/RZ-02-14 & PP-01-14 and RZ-07-13MOD & PP-04-14. Seconded by
Villegas.ALL AYE... MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE
5. PUBLIC HEARINGS:
A. RZ-14-06 MOD2 & PP-03-14—Eagle Lofts - BH Investments II, LLC: KM Engineering,
LLP, is requesting a development agreement modification and preliminary plat approvals for
Eagle Lofts Subdivision, an 82-lot (76-buildable, 5-common, and 1-private street) residential
subdivision. The 18.58-acre site is generally located on the south side of Riverside Drive
approximately 1,600-feet west of the intersection of Riverside Drive and S. Edgewood Ln.
This item was continued from the September 15, 2014 Commission Hearing
Chairman Villegas introduces the item.
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Brad Pfannmuller, 1025 S. Ridgeway Place is with Boise Hunter Homes. Mr. Pfannmuller gives
an overview of the application and provides a PowerPoint presentation. He is in agreement with
all conditions but site specific condition item#8, page 10 of 31. He is requesting more than two
driveways in one location.
City Planner, Mike Williams, gives a detailed overview of the application. Pursuant to Eagle City
Code, no more than two units can access a single driveway. The applicant requested a waiver for
PI. In regard to private streets, up to 10% of a development. Site specific condition 36, page 10
of 31, if the Commission provides recommendation of private streets, Williams request that they
leave this condition in tacked. Regarding standard condition #19, #20 got caught up in condition
#19. Staff would request that get moved down and be rewritten to 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.
Heller gives an explanation regarding maintenance of private streets.
Chairman Villegas opens the public hearing.
No one in the public wishes to testify.
Pfannmuller provides a rebuttal and clarifies that they have the fire departments turn around
approval and ACHD approval. Regarding the PI system, they've been in contact with Eagle
Water Company and are in favor of supplying them water. He recommends that on site specific
condition#6 add the word or.
Williams requests on condition#6,to add the applicant shall provide.
Chairman Villegas closes the public hearing.
General discussion amongst the Commission.
Staff and legal request that there be two separate motions.
Smith moves to recommend for approval RZ-14-06 MOD 2. Seconded by Soelberg. ALL
AYE... MOTION CARRIES.
Smith moves to recommend for approval PP-03-13 with the following changes. Item #6 of
site specific conditions of approval and also item #8 is as is, despite all of the proposed
changes it will remain as is. And to reword item #20 to say, 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.
Seconded by Soelberg.ALL AYE... MOTION CARRIES.
B. CPA-02-14-Brighton Corporation: CPA-02-14—Comprehensive Plan Amendment from
Transitional Residential&Residential Estates to Mixed Use: Merlyn &Sandra Bodily,
Harold Bunderson,Matthew &Susan Eells,Jeff&Karen Beagley, and Martine and Teri
Evan, represented by Michael Wardle of the Brighton Corporation, are requesting a
Comprehensive Plan Text Amendment to modify Section 6.8.7-The Rim View Planning Area
and a Comprehensive Plan Map Amendment from Transitional Residential and Residential
Estates (residential up to 1 per 2 acres) to Mixed Use(to allow up to 5 units per acre, office,
retail,townhouse and multi-family). The 27.85-acre site is located on the east side of N.
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Linder Road, approximately 1200-feet north of the intersection of Chinden Boulevard(US
20/26) and N. Linder Road. This item was continued from the September 15, 2014
Commission Hearing so it could be heard at the same time as A-03-14/RZ-03-14 &PP-05-15
- Gated Garden Subdivision.
Chairman Villegas opens the public hearing.
Mike Wardle, 12601 W. Explorer Drive. Mr. Wardle gives a detailed overview of the Comp Plan
Amendment and provides a response to staff recommendations. Wardle provides to the
Commission a redline mark up of staffs recommendations. He expresses that he concurs on
behalf of Bodily and Bunderson. He assumes Beagley and Eells withdraws.
City Planner,Nichoel Baird Spencer provides an overview of the application and a history of the
comprehensive text. There is two application requirements of this CPA. One is a land use map
amendment which staff is recommending denial. Staff is requesting we keep the designation of
transitional residential. The second part being a text amendment, where staff is recommending
some alternative text to better support how the area should develop. The sewer district does have
concerns with the sewer capacity. Baird Spencer reads staffs recommendations into the record.
Chairman Villegas opens the public hearing.
Avery Epperly, 2180 Ribia Drive. He has concerns with traffic flow and if the developer can
expand the road as Fred Myer complex did. This piece is unique and should be protected. He
would like to preserve one acre lots.
Paul Farmer, 7107 N. Springcrest Place.Farmer provides a PowerPoint presentation.More than
80% of the homeowners in Sandy Springs are not in agreement with this development and the
comprehensive plan amendment.They request it be consistent with the surrounding transitional
areas.
Jane Dahlberg, 7107 N. Springcrest Place. Dahlberg is not in favor of the comp plan amendment
and wants to keep the one acre lots on the boundary that are consistent with the surrounding
planning area.
Mark Tate, 1383 W. Sandy Court. He has lived at his residence for 15 years and expects a
transition of lots and doesn't want high density.
Richard Cook, 1376 W. Sandy Court. Mr. Cook is not in agreement with the transition size of
lots. They should stay consistent with the Comprehensive plans.
Scott Trosper, 7110 Springcrest. He would like the plan amended to state one unit per acre. This
would provide a one acre buffer and is consistent.
Eileen Winterrowd, 7102 N. Spring Crest also requests one acre lots.
Mark Montierth, 7175 N. Springcrest. Mr.Montierth would like to keep it as low density as
possible.
Lies Swider 7176 N. Springcrest. She agrees with the comments made tonight and would request
one acre lots to give her the buffer zone.
Shah Afshar, 1336 W. Sandy Court. He urges the Commission to consider the one acre lots.
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The applicant provides his rebuttal and affirms that they agree with the recommendations by staff
this evening.
Chairman Villegas closes the public hearing.
General discussion amongst the Commissioners.
Smith recommends for approval CPA-02-14 with staffs recommendations.Seconded by
Soelberg.ALL AYE... MOTION CARRIES.
Chairman Villegas calls for a five minute break at 9:28 p.m.Meeting called back to order at 9:39
p.m.
C. A-03-14/RZ-03-14 &PP-05-14- Gated Garden Subdivision-Brighton Corporation:
Brighton Corporation,represented by Mike Wardle, is requesting an annexation,rezone with
a development agreement(development agreement in lieu of a PUD) and preliminary plat
approval for Gated Garden Subdivision, a 72-lot(60 buildable and 12 common) residential
subdivision. The 18.62-acre site is generally located on the east side of N.Linder Road
approximately 2,100-feet north of the intersection of W. Chinden Boulevard(Highway 20/26)
and N.Linder Road at 7000 N. Linder Road. This item was continued from the September 15,
2014 Commission Hearing.
Chairman Villegas introduces the item.
Mark Wardle gives a detailed overview of the proposed application, site design, and an
explanation of the alignment with temple drive.They concur with staffs recommendations of the
development agreement,but recommend that the estate lots read 17,000 square feet minimum.
With regard to the preliminary plat, they concur with most of the items, on item#6 they are
unable to provide a full 35-foot wide buffer in a certain portion of the north side of the collector
roadway. With regard to site specific condition#9, they would recommend a strike through on
the first sentence.
City Planner, Kristy Heller gives an overview of the application and touches on the open space,
and the alignment of the road. Heller clarifies with regard to north of the collector,there is
nothing in our code that requires them to put lots there. They are providing an open space and
lots.
Chairman Villegas opens the public hearing.
Marlene Bodily, 7075 N. Linder. Mr. Bodily is the home owner of this development. His concern
is the buffer with Fred Meyer. He is happy that 40 other people will be able to enjoy the area as
much as the neighbors do.
Avery Uperlive, 2180 Riviera Drive. He has concerns with the extension of the road.
Paul Farmer, 7107 Springcrest Place.Mr. Farmer expresses that he doesn't agree with how the
representative is presenting the information. If they don't put one acre lots behind his home they
should at minimum put an 8 foot berm and an 8 foot fence. He doesn't agree with the developer
not being able to move the road and believes the engineering can be done. His intention is to
protect his property and his neighbors.
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Kristy Heller clarifies Eagle City Code regarding fencing on a collector roadway and buffer area.
Jane Dahlberg, 7107 Springcrest Place. Dahlberg would like to be involved in the planning
process if they can't have one acre lots. She would like an 8 foot berm and an 8 foot fence. She
believes that people will look over the fence into their backyard and will create an attractive
nuisance.
Eileen Winterrowed, 7102 N. Springcrest. Winterrowed requests her prior testimony be put on
the record for this application.
Scott Trosper, 7110 Springcrest. For the record, he provides a letter regarding the site posting.
He believes that the road needs to be moved and the developer needs to do more for the transition
and the buffer.
Kristy Heller clarifies that the site posting was incompliance.
Mark Montierth, 7175 N. Springcrest. Montierth asks for clarification with the 17,000 square
feet lot minimum.
Kathy Tate, 1383 W. Sandy Court. Mrs. Tate believes they exist and they should have a say and
have not been given any respect.
Mike Wardle provides a rebuttal and has no intent to ignore neighbors concerns. He requests that
the Commission pass along approval to the Council. They are willing to work with the Farmers
and do their best to mitigate sound.
Chairman Villegas closes the public hearing.
General discussion amongst the Commission. They believe the applicant needs to work with the
surrounding property owners.
City Attorney defines a development agreement and request the Commission make two separate
motions.
Smith moves to make a motion to recommend for approval with the comments that they
just made in the deliberation for item 5C A-03-14/RZ-03-14.Seconded by Soelberg.ALL
AYE... MOTION CARRIES.
Smith moves to make a motion to recommend for approval item 5C PP-05-14.Seconded by
Soelberg.ALL AYE... MOTION CARRIES.
D. CU-05-00 MOD - Banbury Meadows,LLC: Banbury Meadows, LLC, represented by
Cornel Larson, is requesting conditional use approval for a height exception for the addition
of 60-foot high poles and safety netting along the north and east sides of the driving range at
the Banbury Meadows Golf Course. The site is located on the west side of Eagle Road
approximately/-mile north of Chinden Boulevard.
Chairman Villegas introduces the item.
Cornel Larson, 210 Murray Street, Garden City. Mr. Larson is representing the applicant and
gives a detailed overview of the application. He expresses that the technology of golf balls have
changed throughout the years and balls are going further and it is a safety issue.
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Jerry Breaux 700 Palmetto Drive. Mr. Breaux is the golf professional at Banbury.He expresses
that they do irons only three times a week. He is in favor of this proposal.
City Planner,Kristy Heller reviews the staff report amongst the Commission. Staff is
recommending 50 feet,they believe that 60 feet is excessive.
Chairman Villegas opens the public hearing.
George Dillard, 135 Jacomin Lane.Mr. Dillard reads his comments into the record.
Carter Marsden 232 W. Oakhampton. He is opposed to the application and thinks it's an
unpleasant sight to see.
Jim Swope,2496 Marypost Place. Sixty feet is going to be an ugly addition to the street.
Marylin Swope, 2496 Marypost Place. She has concerns with the aesthetics and impact on
property values.
Ken Borja,2115 S. Chipper Way. Borja recommends moving back the tee and giving the
homeowner money to put in windows.
Cornel Larson provides a rebuttal and expresses that other golf courses near the area have 60+
feet netting.
Chairman Villegas closes public testimony.
General discussion amongst the Commission regarding the aesthetics. They are all in agreement
that sixty feet is way too tall and the issue seems to be a civil matter between the golf course and
the home owner. They also question what type of education, if any,has been done to stop golfers
from using drivers from the lower tee or from them using the higher compression balls vs. lower
compression balls.
Smith moves to recommend denial for application CU-05-00 MOD. Seconded by Soelberg.
ALL AYE... MOTION CARRIES.
6. NEW BUSINESS: NONE
7. REPORTS:
A. Commission: Commissioner Smith recommends that staff put arrows on maps pointing to the
north.
B. City Attorney: Welcomes Commissioner Craig Soelberg.
C. Staff: NONE
8. ADJOURNMENT:
Soelberg Moves to adjourn. Seconded by Smith.ALL AYE... MOTION CARRIES.
Hearing no further business,the Commission meeting adjourned at 12:34 a.m.
Page 6 of 7
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RESPECTFULLY SUBMITTED:
••`p OF ".
SHARON K. BERGMANN � 7,„
CITY CLERK/TREASURER ' * �.. tt+
tis SEAL *if
APPROVED: '91 " /P
•
TRENT WRIGHT, ir
VICE CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST.
Page 7 of 7
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b.
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
October 6, 2014
SUBJECT: CPA -02-14 - Brighton Corporation
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
October 6, 2014
SUBJECT: A-03-14/RZ-03-14 & PP -05-14 - Gated Garden Subdivision - Brighton Corporation:
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Subdivision. Inclusion of this platted lot into the Mixed Use designation separates and Isolates
it from the subdivision that created it and establishes allowances that are not provided to the
remaining subdivision. Eagle City Code Title 9 discourages the re -subdivision of lots within
existing subdivision without the consent or approval of the existing subdivision. Further, this
5 action will create a 1/2 -acre lot that is not in keeping with the neighboring uses or comprehensive
plan designations.
• The Eagle Comprehensive Plan Chapter 6: Land Use, Section 6 (CC) states: Discourage mid -
block commercial development along arterial and collectors unless it is specified in the plan.
The applicant's current future land use map and text proposal has the potential of encouragine
10 strip and mid -block commercial long Linder Road by creating a separated commercial area
from the planned commercial center at the intersection of Chinden and Linder Roads.
• If approved. the application will result in three parcels being isolated as "Residential
Transition" north of the Bodily-Bunderson Parcel. Due to the size and location of these parcels
re -development would be greatly limited.
15 • The Eagle Comprehensive Plan Chapter 6: Land Use, Section 6 (8) states: "Establish land
use patterns and zoning districts that do not exhaust available services such as sewer, water,
police, fire, recreational areas, highways and transportation systems
According to the Eagle Sewer District email, dated September 2, 2014, and contract dated
20 October 2010 for the Bodily-Bunderson property "Land uses that are determined to generate
wastewater flows in excess of normal residential or commercial uses such as, but not limited
to, hotels, fitness centers, Laundromats, car washes, and assisted living or retirement centers
should be prohibited in this area."
25 The Bodily-Bunderson contact was updated in July of 2014 to allow sewer service for up to
60 residential units (See Eagle Sewer District comments). The other properties within this
application will need to annex into the district and enter into a contract for service with the
district. The comprehensive plan is one of the guiding documents for the Eagle Sewer
District
30
STAFF RECOMMENDATION REGARDING THE PROPOSED COMPREHENSIVE PLAN MAP
AMENDMENT:
Based upon the information provided to staff to date staff recommend denial .f the requested
comprehensive plan amendment in the Rim View Planning Area. Staffs • •om ndation is based
35 on the ability of the text of the subarea to address the request of the app cant without the need to
change the Future Land Use Map.
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Page: 71 (4'35
K fanning Ikp'J .,Fk ! ['PIK 200,11,L1' a 2014, i' \•lI - 14 Cnthton lI Joc%
Transitional
Residential
Mixed Use
CHENDEN
Residential Estates
1
Transitional
Residential
Staff Recommends No Changes to the Future Plan Use Map
STAFF RECOMMENDATION REGARDING THE PROPOSED COMPREHENSIVE PLAN
5 TEXT AMENDMENT:
Staff recommends a.. royal .f the comprehensive plan text amendment for the Rim View Planning
area with the folio ing lin; ttg
e J u Q- 144-1 r &r 2
6.8.7 Rim View Planning Area
10 The Rim View Planning Area contains a large amount of existing residential uses that have been
developed as one -acre and five -acre Tots through the Ada County development process. The future land
uses in the area are predicated on Linder Road being the only Eagle City river crossing between Eagle
Road and Star Road, the need to buffer and preserve the existing residential developments, and the need
to provide commercial opportunities along the regional transportation condors south of the Boise River.
15 Because of the alignment of the State Highway 16 crossing moving further to the west (to McDermott),
no clear funding option or timeline for the SH 16 crossing, and recent changes in nearby city limit
boundaries (Meridian), the previously planned regional commercial area at Black Cat no longer is a
viable location for the City of Eagle.
20 6.8.7 Rim View Planning Area
25
The Rim View Planning Area contains a large amount of existing residential uses that have been
developed as one -acre and five -acre Tots through the Ada County development process. The future land
uses in the area are predicated on Linder Road being the only Eagle City river crossing between Eagle
Road and Star Road, the need to buffer and preserve the existing residential developments, and the need
to provide commercial opportunities along the regional transportation corridors south of the Boise River.
Because of the alignment of the State Highway 16 crossing moving further to the west (to McDermott),
no clear funding option or timeline for the SH 16 crossing, and recent changes in nearby city limit
Page 32 of 35
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boundaries (Meridian), the previously planned regional commercial area at Black Cat no longer is a
viable location for the City of Eagle.
A. Uses
The land use and development policies specific to the Rim View Planning Area
include the following:
1. A forty acre commercial area located at the northeast comer of the intersection of
Chinden Boulevard and Linder Road is to be designed and developed as a unit. This
commercial area is intended to serve the Eagle community as a gateway into town
before crossing the river.
OAreas designated as Transitional Residential should have an average residential
density of up to 2 units per acre. Units should be clustered to provide for transitional
lot sizes to ensure compatibility of new residential uses to existing residential uses. anti
tier CI HT ►ne i;i� ..�.:r,d-oftif u,es locited-at-Lif►drt Road -+nd-Chiod w
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3. Patio home styles and alternative lot sizes may be allowed in conjunction with exiting
open space and recreation areas located in the Rim View Area. The patio homes and
townhouses may be located near the commercial area.
Residential Densities up to 4 units per acre _mav be_allowed in the Transitional
Residential Area south of the new residential collector and north of the commercial
center located at the NE comer of the Chinden Road and Linder Road intersection to
facilitate the development of patio style homes within this area,
Land uses that are determined to generate wastewater flows in excess of normal
residential or commercial uses such as, but not limited to hotels, fitness centers,
Iandromats, car washes, and assisted living/retirement centers should beprohibited in
this area.
B Access
15 1. Access to the area should focus on new internal linkages that allow adjacent parcels to
provide pedestrian and vehicle connectivity into the Rim View Planning Area.
40
45
50
. Primary access should be en from_a new residential collector connecting Linder
(QQ(Q2_ Road to Meridian Road with limited access onto Chinden Boulevard only in
accordance with ITD's access management policies. All accesses should be
designed to allow traffic to flow through the area connecting Meridian Road to Linder
Road may provide the opportunity of future east/west residential collector linkage
within the planning area. Cross -access and local stub streets should be used to allow
the planning area to be interconnected without the need to access the arterial and state
highway network.
1\1 o L' A014titi
3. Internal and interconnected circulation should be used to move traffic within the
non-residential area, helping to mitigate the number of local vehicle trips entering
State Highway 20/26 and Linder Road to access commercial and mixed use
services and create cross access into adjoining properties.
®Chinden Boulevard and Linder Road should be recognized as a gateway corridor
to the City of Eagle and development should adhere to proper berming,
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landscaping, and appropriate setbacks to prevent the encroachment of abutting uses
into future comdor improvements. This would protect the viability of the regional
transportation corridor as well as buffer the abutting uses from the impacts of the
corridor.
C. Design
7. This area is recognized as a gateway w the City of Eagle, to be integrated with
appropriate landscaping, entry features, and place -making features in the design
of the area.
8. Design of this area should be compatible to the existing residential uses
currently present in the area and future mixed uses.
9. Design of commercial and office uses should be compatible with the existing
residential uses and contain significant landscaped buffers to reduce impacts and
appealing building design elements to promote a cohesive character Commercial
development should provide for indirect vehicle connections and for safe and efficient
pedestrian linkages to the mixed use and residential areas adjacent to the site. (See
Illustration 6.5)
10. Both Chinden Boulevard and Linder Road should be developed with a detached
sidewalk and planting stnp adjacent to the back of curb, further solidifying the
purpose and character of the gateway corridor of Chinden Boulevard.
11. Signage for all non-residential uses should be designed to be consistent and
complimentary, with place -making being the primary objective and identification of
uses being secondary.
12. Non residential areas should be designed with features and materials intended to
compliment and buffer residential uses and to avoid creating a tunnel or wall effect
along the backside of the large buildings.
�5 Illustration 6.5: Regional Commercial Center Layout
Lfml1 gra
Building
Residential
Areas
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A.Wbrining Dept .1 a* sir kJtk., CPA1:1.1 i'PA-02 11 hngtuun 311 Jac%
20
25
30
D. Issues
0
N 0 Cavi M
Submitted by:
One of the main concerns in the development of this area is the ability to properly
balance and buffer the commercial uses with existing residential uses. -The
Mixed Use and Transitional Residential areas should be designed in a manner that
provides a cohesive transition and promotes local connectivity between the
commercial and residential uses, incorporating elements that will provide a
common and complimentary identity between such uses.
Considering the Targe amount of undeveloped or underdeveloped land within the
planning area, each proposed project should be evaluated for the potential to provide
linkages and connectivity to adjacent parcels. This is necessary to establish a
functioning local and collector roadway system to supports the regionally significant
roadways at the south and west of this area.
3. As this area develops, consideration should be made of the transitory uses that have
been approved by Ada County which may be nearing their end.
*ISA )
Nichoel BairdneA1CP
Seotember 30.2014
pe Date
Planner 111
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56
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STAFF RECOMMENDATION REGARDING THE ANNEXATION AND REZONE:
Based on the information provided to staff to date, staff recommends approval of the annexation and
rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -DA (including a
development agreement in lieu of a PUD) with the following conditions to be placed within a development
�"�'� ���^5 agreement:
C.,C.�L:i.t CL_3.1 The maximum density for the Property shall be 4 -dwelling units per acre south of the collector
roadway (Temple Drive), and 2 -dwelling units per acre (1/2 -acre lots) north of the collector
roadway (Temple Drive).
LON.,1 3.2 Applicant will develop the Property subject to the conditions and limitations set forth in this
10 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.
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, notice shall be provided as may be
20 required by the City.
3.4 Building setbacks applicable to each of the three distinct residential types. Setbacks to be
(1 -----Th
)IV&((L ii-fi- measured from the property line:
n30TL°D
►MDv(ciet l'rclt? Townhomes (up to 2,700 sa.ft.):
Front: 0'
25 Rear: 0'
Side: 0'
Street Side: 0'
15 3.3
(L)/J1Li
Garden (Patio) Homes (5.000-8.500 sa.ft.):
Front: 15 -feet to the living area/20-feet to the garage
30 Rear: 15 -feet
Side: 5 -feet (first story)/ (additional 2.5 -feet per story, measured to the second story)
Street Side: 15 -feet
Estate Lots (min 20.000-sa.ft.): I, M I ja E e -Z , GJ (--
Front: 30 -feet
35 Rear: 20 -feet
Side: 7.5 -feet (first story)/ (additional 2.5 -feet per story, measured to the second story)
Street side: 20 -feet
eLeJciA.23.5 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
40 owned landscaping, private road, 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.
Page 5 of 39
IC\Platuung Dept\Eagle Apphauons\SUBS12014\Dazed Garden Sub stf doc
(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 three -rail -type wooden
decorative fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be prohibited.
(c) A requirement that In the event any of the CC&R's are less restrictive than any government
5 rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&R's 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&R's unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
10 3.6 A License Agreement from Zinger Lateral Water Users Association shall be provided for all
6/DI`1L!UtZ improvements within their easement area prior to the City Clerk signing the final plat.
lofJcil 3.7
A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to submittal of
the final plat application.
15 3.8 The submittal of the building permit application to the City for each home within the development
Lots) .11fL shall be accompanied by an approval letter from the Architectural Control Committee. Building
permits 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 architectural requirements and
20 as required in item 3.8 above.
STAFF RECOMMENDATION REGARDING THE PRELIMINARY PLAT:
Staff recommends approval with the following site specific conditions of approval and the
standard conditions of approval provided on page 32 herein.
NOTE: The site specific conditions of approval herein are solely a recommendation of City staff.
25 The final decision on this application, and any conditions to be placed on this application is totally
subject to the City Council's determination.
IDs+ X3.9
SITE SPECIFIC CONDITIONS OF APPROVAL:
_ICstieli
CoL 2LQt2 2. I
3.
CD0u1Z 4.
35
L ,1OCiL. 5.
�EtE2hliKatt
l
/2_6.
Comply with all conditions within the comprehensive plan amendment application CPA -02-14.
Comply with all requirements of the City Engineer. I -.111 7 / / Kl�tlE)�
Wrt-v�- STAFF- /C.G. "F21W to L (AUL° r L .
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.
Provide written authorization from the Zinger Lateral Water Users Association for the change of/or
acquisition of an easement area and provide a copy of said easement. Provide a copy of the license
agreement required by the Zinger Lateral Water Users Association. Both documents shall be
provided prior to the submittal of the final plat application.
Remove the re -subdivision of the property located at 7014 N. Linder Road (Lot Lot 20, Block 1, of
the Bodily Bunderson Springs Subdivision No. 2) from the Gated Garden preliminary plat. The
applicant shall provide a revised preliminary plat prior to the submittal of the final plat application.
Provide a revised preliminary plat showing Temple Drive moved to the south in order to
accommodate either transitional lots (minimum '/2 -acre in size), or an adequate landscape buffer
(minimum 35 -foot wide) adjacent to the existing residential properties to the north. The revised
preliminary plat shall he submitted prior to the submittal of a final plat application. A( ' 'GJ ivikttL'___
Provide a minimum of 15% of active open (an additional 13,500 -square feet). Staff recommends
AL t1 U usi -1 r-rAfr
Page 6 of 39
K.U'lannuig Dept\Eagle Appbcahons\SUBS12014\Gated Garden Sub sir doe
L',otlur2.
providing a pedestrian pathway located within common lots in alignment with Lot 29, Block 2,
north to Lot 59, Block 2, in order to meet the needed active open space requirement and to provide
off-street pedestrian connectivity through the site. Provide a revised preliminary plat showing the
additional active open space prior to the submittal of design review and final plat applications.
Provide a detail of the proposed gate showing how residents will access the gate, where the
security pad/entry point will be located, and how the turn -out movements will not be impeded by
the gate. The revised preliminary plat showing the gate detail shall be provided prior to the
submittal of the final plat application.
• ' • _ • ' if the City Council
approves the proposed private gated roadways within Gated Garden Subdivision, then the
applicant shall be required to provide a revised preliminary plat prior to the submittal of a final
plat, which contains the following:
o Provide a revised preliminary plat with a plat note that identifies the lot and block of the
private roadway on the face of the plat.
15 o Provide a revised preliminary plat which contains a plat note that: a) conveys to each lot owner
within the subdivision to be served by the private streets the perpetual right of ingress and
egress over the described private street, b) provide that such perpetual easement shall run with
the land, c) provide that the restrictive covenant for maintenance of the private street cannot be
modified and the homeowners'/property owners' association or other entity cannot be
20 dissolved without the express consent of the city. (ECC 9-3-2-5[C][2])
oQ11 , 10.
35
(tell e.uQ
40
45
o Provide a revised preliminary plat with a street section for the proposed internal private
roadways showing vertical curbing.
Provide a revised preliminary plat with a plat note that identifies all ACI -ID storm drainage
easements prior to the submittal of a final plat application.
Provide a revised preliminary plat showing an 8 -foot wide pathway located on Lot 29, Block 2,
within a 16 -foot wide easement with root barrier placed on both sides of the pathway, prior to the
submittal of a final plat application. (Eagle City Code 9-4-1-6[D][1])
Add a note to the final plat which states that, "Minimum building setback lines shall be in
accordance with the setbacks approved with the development agreement identified by instrument
no. and any subsequent modifications."
The applicant shall submit a design review application showing: 1) proposed subdivision signage,
2) planting details within the proposed and required landscape islands and knuckles and all
common areas throughout the subdivision 3) building elevations for all proposed common area
structures and irrigation pump house 4) landscape screening details of the irrigation pump house,
5) useable amenities such as picnic tables, covered shelters, benches, playground equipment,
gazebos, and/or similar amenities, 6) proposed style of fencing. The design review application
shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat
application. (ECC 8-2A-1).
14. 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 in an 8 -foot wide landscape strip between the 5 -foot
wide concrete sidewalk and the curb. Prior to the issuance of any occupancy permits for the
homes, all required trees, sod, and irrigation shall be installed within landscape strips. A temporary
occupancy may be issued if weather does not permit landscaping however, a surety in accordance
with Eagle City Code Section 9-4-2-2 for 150% of the cost of the installation of all landscape and
Page 7 of 39
K.\Plannng DepfEagle Applications,SUBS12014uGated Garden Sub stf doc
("_91^MG(,(�. 15.
16.
o)C.i1C.— 17.
2 D U CLl EJ 8-
10
.koIJL UQ. 19.
15 20.
eDA)r",LR 21.
20
irrigation improvements shall be provided to the City. (ECC 8-2A-7).
The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat
application. (ECC 9-4-1-2)
The Gated Garden Subdivision shall remain under the control of one Homeowners Association.
(ECC 9-3-8[D][4])
The applicant shall place a note on the final plat that the pressurized irrigation system and all
common lots are to be owned and maintained by the Homeowner's Association.
Any stub street which is expected to be extended in the future shall be provided with a sign
generally stating that, "This Street is to he extended in the future." (ECC 9-4-1-2)
The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][ 1])
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.
The applicant shall install at the entrances to the Gateway Subdivision 4' x 4' plywood or other
hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs being a minimum of
3 -feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off
leash. The signs shall be installed prior to the issuance of any building permits.
STAFF FINDINGS OF FACT:
A. PROJECT SUMMARY:
Brighton Corporation, represented by Mike Wardle, is requesting an annexation, rezone with a
25 development agreement (development agreement in lieu of a PUD), and preliminary plat
approval for Gated Garden Subdivision, a 72 -lot (60 buildable and 12 common) residential
subdivision. The 18.62 -acre site is generally located on the east side of N. Linder Road
approximately 2,100 -feet north of the intersection of W. Chinden Boulevard (Highway 20/26)
and N. Linder Road at 7000 N. Linder Road.
30 B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:30 PM, April 17, 2014 and a subsequent meeting at
6:30 PM, June 26, 2014, at the Paramount Community Center (5695 Fox Run Way) in
compliance with the application submittal requirement of Eagle City Code. The application for
this item was received by the City of Eagle on July 31, 2014.
35 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 25, 2014. Notice of this public hearing was mailed to property
owners within three -hundred feet (300 -feet) of the subject property in accordance with the
40 requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on August 21, 2014.
The site was posted in accordance with the Eagle City Code on September 4, 2014. Requests
for agencies' reviews were transmitted on July 31, 2014, in accordance with the requirements
of the Eagle City Code.
Page 8 of 39
K \Pi nag Dept\Eagle Applicauons`SUB5\2014\Gated Carden Sub of doe
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-- High rninit-num above ground
standards for size and quality
of homes
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homes,
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homes,
$140,000 min. cost of structure.
-- Covenants for protecting privac
noise and lighting.
- Animal standards - generally
limit of 2 large animals
(horses, cows or lammas)
per lot.
• Landscaped entry to the
development with water features
and established spruce - pine grov
y'
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Underground utilities including gas.
• Rim -view lots.
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streets.
• Borders new golf course.
• Overlooks, and within walking
distance of the Boise River and
Duck Alley
• Individual well and septic -
not provided.
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we the home owners in the Sandy Springs Subdivision are NOT in support of
the splitting of Lot 20, Block 1 of the Bodily and Bunderson Springs Subdivision
No. 2, owned by Martin a' i Teri Evans, that is being proposed by Brighton Corp
in the Gated Garden Subdivision Application.
Signature Print Name
do4
t
Address Phone
72-J-8- /f
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We the home owners in the Sandy Springs Subdivision are NOT in support of
the splitting of Lot 20, Block 1 of the Bodily and Bunderson Springs Subdivision
dNo. 2, owned by Martin ad Teri Evans, that is being proposed by Brighton Corp
in the Gated Garden Subdivision Application.
Signature
Print Name
Address
Phone
3
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CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at the Paramount Community Center (5695 Fox Run Way) from
6:00 — 7:00 PM, Thursday, February 28, 2013. A second neighborhood meeting was held at the
Paramount Community Center from 6:00 — 7:00 PM, Thursday, March 28, 2013, in compliance with
the application subrriittal requirement of Eagle City Code. The applications for these items were
received by the City of Eagle on April 3, 2013.
2. Notice of;:Public Hearing on the application for the Eagle Planning and Zoning Commission was
ter; t>.
publishedlin•accordance with the requirements of Titk 67, Chapter 65, Idaho Code and the Eagle City
Code on •May•6,;2013. Notice of this public hearing was mailed to property owners within threc-
hundred feet (300 -feet) of the subject property in accordance with the requirements of "Title 67,
Y'ter;65, Idaho Code and Eagle City Code on May 3, 2013. Requests for agencies' reviews were
s utted-on April 4, 2013. in accordance with the requirements of the Eagle City Code, The site was
p0 i.44'11.1. accordance with the Eagle City Code on May 10, 2013.
-Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on June 10, 2013.
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 June 5, 2013. The site was posted in accordance with the Eagle City Code on June 12,
2013
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
04-09 MOD) 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 applications are in accordance
with the City of Eagle Comprehensive Plan and established goals and objectives because:
a, The requested zoning designation of MU -DA (Mixed Use with a development agreement) is
consistent with the Transitional Residential designation as shown on the Comprehensive Plan
Land Use Map since the proposed zone will allow for a minimum lot size that will allow for a
transitioning of lot sizes to occur adjacent to the properties Also, the proposed density is
acceptable because it allows for buffering between commercial uses with the higher densities
occurring in proximity to the existing commercial uses and the transportation corridor (State
Highway 20/26); and
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be
provided, to serve alt uses allowed on this property uucicr the proposed zone;
c. The proposed MU -DA (Mixed Use with a development agreement) is compatible with the
RUT (Rural -Urban Transition — Ada County designation) zone and land use (Winward
Hei l t tiyti is'pn) tQ tsl worth since the applicant.\vill be required to develop lots that are a
minimum of one (1) acre in sine'adjacerit to that area, arid;
d. The proposed MU -DA (Mixed Use with a development agreement) is compatible with the
RUT (Rural -Urban Transition — Ada County designation), RI (Residential — Ada County
designation), and MU -DA (Mixed Use with development agreement) zones and land uses toek j
the south since the applicant will be required to develop lots that are a minimum of.one ,(_I)-
NL"
acre in size. adjacent to 1 oxtail Subdivision, and to provide a buffer between the' proposed , i
resideritial`development and Castlebury. West.l3.usiness.,Pcirk, and;• 'hr
' The propo ed^MUDAA(Mixed-Use with a development agreement) zone is compatible with
the RUT (Rural -Urban Transition — Ada County designation) and RI (Residential — Ada
County designation) zones and land use t0 the west since !hat area is proposed to be developed
in a similar manner to this development and the applicant will be lequircd to develop lots that
-are art nimum:010=: 4) acre;in'size adjacent to Foxtail Subdivision, and;
-r
Page 22 of 2=1
K \Planning Dept\Eagle A, plications\ SUBS \20131Aslibuty Sub cci doe
04A5`"' NVE•ir.;�'a"'tiw`iN..,'z7=;Ck:w3i72:"M!::5;si?+mrP.SE1>'E.W'm4R36
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 26,
2012 and December 3, 2012. 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 November 21, 2012. "The site was posted in
accordance with the Eagle City Code December 1, 2012.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RL -
11 -08 MOD) 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 applications are in accordance
with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested 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 since the proposed zone will allow for a transitioning of both commercial and residential
uses to mitigate impacts upon existing residential uses from the existing commercial uses and
the transportation corridor (State IIighw l\ 2u/2G). The residential not sizes w11l.tiansitiOn
f 0.0 t efeet�to Dine (1) acre (with smaller lots,adjacent to the commercial areas and
•
larger adjacent to existing residential) in size, which provides for a well-planned community
that encourages diversity in housing opportunities and fosters economic vitality.
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be
provided, to serve the uses allowed on this property under the proposed zone and conditions of
develo meent gieeMe•nt;
The proposed MU -DA (Mixed Use with a development agreement) is compatible with the
RUT (Rural -Urban Transition - Ada County designation) zone and land use (Winward
Heights Subdivision) to the north since the applicant will be required to transition the intensity r
of uses and residential density as well as develop parcels (Lots) that. are.to be.a minunum: of, fir;
on wacre in;s>.ze ad aceritfta that area,
d. Th- proposed -MU -DA (Mixed Use' with a development agreement) is compatible with the
RUT (Rural -Urban Transition - Ada County designation), R1 (Residential - Ada County
designation), zones and land uses to the east since the applicant 1vi11 be required to transition
the intensity of uses and residential density as well as possibly be required t0 construct a ten
foot (10') high landscaped buffering berm (at the adjacent landowners request) adjacent to
Foxtail Subdivision, and provide connectivity and a transition to the proposed development
located north of Foxtail Subdivision, and;
e. The proposed MU -DA (Mixed Use with a development agreement) zone is compatible with
the C -3 -DA (Highway Business District with a development agreement), (RUT (Rural -Urban
Transition - Ada County designation) and R1 (Residential - cla County designation) zones
and land use to the west since that area is developed with commercial uses in a manner similar
to those proposed within this development, and existing residential uses will be compatible
with the residential uses proposed with this development, and;
f. The proposed MU -DA (Mixed Use with a development agreement) zone is compatible with
Chinden Boulevard (US 20/26) and the R-1 (Up to one unit per acre one acre) zone and land
uses to the south since a development that is contains a rnix of commercial and residential uses
tends to capture a portion of both internal trips and the passing vehicle trips, thereby
alleviating some of the congestion on the adjacent roadway system. In addition, the roadway
improvements required with the development of this property will also contribute to the better
traffic -functions of the adjacent roadways. The properties south of Chinden Boulevard, and
Page 30 of 32
KPlanning Dept \Eagle'Applications \SUBS\2012\Reynard Sub ccf dvc
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Fred .J' er Connfrcrcial
Subject and Vicinity
Comprehensive Plan Amendment
(Bodily-Bunderson / Beagley / Eells / Evans)
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Gated Garden Subdivision
APPLICATION
Comprehensive Plan
Amendment
• REQUEST: Transitional Residential
to Mixed Use
• CONCUR: Transitional Residential
2 d.u./ac. north and 4 d.u./ac. south of
Temple Drive collector (B -B only)
Transitional
Residential
a)
J
Residential Estate
Mixed Use
CHINDEN
Transitional Residential
Professional
Office
Comprehensive Plan Amendment
Request: Transitional Residential to Mixed Use
EXISTING RESIDENTIAL ESTATE
T
` �Nsi4oN
•
A( RFSiot_t'gl
MIXED USE
EXISTING MIXED USE
CHINDEN
APPLICATION
Gated Garden Subdivision
• Annexation Bodily-Bunderson/Evans
• Zoning MU -DA (R-1 Evans acre)
• Preliminary Plat 58 Lots (60)
■ 48 Patio Homes
■ 2 Estate Lots (#2 Evans)
■ 8 Paired Townhomes
FRFP1 MFYFR C(1MMERCIAI
Annexation / Re -zoning / Preliminary Plat
(Bodily-Bunderson / Evans)
1/2 ac
MN •
1 1 1 •
;
444-.
• l•
lEstate Lots I
•
1•
8 Paired Townhomes
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48 Patio Homes hi
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1 11 1 111 111 1 1 1 1 1 11 1 1 1 1111
1 1111111 11 1 II 1 11.11 I 1.11 1 1111 1 1 1 III III 1 11 1 1 1 I
•1
o
EVANS ACCESS
Linder / Temple Intersection
Property Line / Zinger Lateral from Linder
DESIGN
CONSIDERATIONS
• Transition
■ North of Collector Roadway
• Buffer
■ Berm / Landscape
■ Half-acre Lots
Site, Surrounding Area, West to Linder Road
Temple Drive Connection - Linder To Meridian Road
Temple Drive Connections: A to B
4 4.
.4 44 -4v -iv 4 4 -
--1° '4 47 —4111.41174 . 4
Evans
Residence
Winterrowd
Residence
"0i{('PER DECK
L 2577.26
PATIO -
EL 2571.28
PROPERTY LINE —
FIELD OF VIEW
r
8' SOLID FENCE —\
1
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1I•
LtaX ao
—
-I -
38.5' j 49'
Landscape Berm Section
State: 1"=20'
13' ,, W. TEMPLE DR,
APPLICANT RESPONSE TO
STAFF RECOMMENDATION
• Comprehensive Plan Amend.
- • Annexation / Rezone DA
■ DA Item 3.1
• Preliminary Plat
■ Conditions 2, 5, 6, 7 and 9
QUESTIONS?
• :•*?.?..:
1_.lanuary 2013 Concept
... .. • . .
•
•
1 1
": *.• ..
... • . • . ••••••
I I
. • -
I April 2014 Concept
Existing Treelines
UPPER DECK --
EL. 2577.26
PATIO
EL. 2571.28
PROPERTY LINE
FIELD OF VIEW - 6' SCUD FENCE
r\
•
7
38,5'
71�
49
Wrop
Good evening. I have lived in this house for about 35 years and when we
moved in it was wonderful. Quiet, friendly neighbors, beautiful view of the
pasture to the west with a barn, (now under the ground of the driving range),
rock chucks, lots of geese, eagles in the trees, deer and foxes and we also
could see the horses that were in one part of the pasture and grazing cattle in
another part to look at. Now we have the neighbor to the east that is
untrustworthy and nasty that sells drugs (I know for a fact, he sold drugs to
my daughter) and his property looks like a garbage dump, and he refuses to
clean it up. On the other side a neighbor that bombards my property with
thousands of golf balls and laughs about it.
Suddenly the golf course came into the scene. Their initial plan was to put
up an 8 foot high stack of railroad ties with a 30 foot wooden fence on top
of that. With my house only 13 feet from the property line, I think you can
see how that would have made a major impact to my home and property.
That is when I knew I was in trouble so I hired an attorney to fight them off.
We had many meetings and finally came to some kind of agreements which
for the most part they adhered to. The other part is the maintenance shop. I
was promised that we would never see the building, only a small part of the
roof (which was supposed to be green not brown) and there were to be NO
windows or doors on the east, west or south part of the building so that there
would be NO noise to contend with. Guess what, we have noise from that
building regularly. So much for peace and serenity. When we (my attorney
and I) objected, they stated the shrubs and lilac bushes they were putting in
would hide it. SURE THEY WILL! ! ! ! Have you ever seen a 25 foot
lilac??? We have noises day and night and when workers come to work in
the early morning hours, their headlights from their cars shine right into the
master bedroom and main living room. Isn't it nice to have your house all
lit up like noon time at 0400 in the morning? It appears that they built up
that area with fill and rock so that anyone there can walk out and see every
thing on my property because they only put up a 6 foot high fence, NOT an
8 foot one that is required between a business entity and residential
property. Before they started construction, I offered them my home and land
for appraised value which was $150,000. I was told by Mr. Dick Phillips
that I was trying to steal from them. All the attorney fees I had to pay,
approximately $6,000, put me close to financial ruin and not one cares
,...■.., about it.
From the day they opened the driving range my property has been deluged
with golf balls. THEY HAVE BROKEN WINDOWS, DAMAGING MY
RV'S AND AUTOS, OTHER PEOPLES VEHICLES THAT WERE
VISITING
I have personally had two golf balls come within 2 inches of hitting me in
the face and my son had one go thru his hair and then caused a huge dent in
my motor home. Right now there are 12 major dents in the side of my
motor home (two of which have been paid for) along with a broken tail light
assembly, and a broken bathroom window. The estimate for repair for part
of the damage is almost $3,000, which the golf course management refuses
to pay for. For the rest of the damage, I will again have to take it to a repair
facility and get another estimate of repair. Based on what the others have
run, I think I could expect it to be in the $2-3 thousand range. And for your
information, I have had RV's for over 40 years.
The onslot of golf balls on my property continues since day one and anyone
on my property is subject to being hit and badly hurt or outright killed. I
have had golf balls roll thru my feet numerous times while walking in my
own driveway. I had some workers re -doing my front porch only to have his
vehicle hit with 2 golf balls within seconds of each other and they were
working less than 10 feet from their vehicle. I have been in front of the City
Council many times only to be ignored. They claim they have NO
jurisdiction in this matter. You mean to tell me that once the city has issued
a conditional use permit, it can't be revoked due to hazardous conditions to
people surrounding them, particularly considering the possibility of life and
death which is very possible here as well.
I HAVE BEEN HERE FOR 35 YEARS, THEY HAVE NOT. THIS
SITUATION HAS TO BE STOPPED NOW, NOT LATER TO KEEP
SOMEONE FROM BEING KILLED.,
To show you how many golf balls comes across the screen, I have a photo of
four buckets (plus one big bucket not in the photo). This is only a portion of
the golf balls because I used to play golf and I always went to the driving
range to warm up using the balls that have come over the screen I would hit
at least 15-20 balls every day (I had a membership to Purple Sage Golf
"Illik Course for 3-4 years.
The 3 big 5 gallon paint buckets have 310 golf balls in each bucket
The square bucket has 128 golf balls in it and;
The small round bucket has 108 golf balls in it.
Also I received 41 golf balls in my yard during the month of July 2014, 30
golf balls in August with one ball hitting and damaged my motorhome on 8-
21-2014. In September I received 16 golf balls and so far in October I have
received 11 golf balls.
This brings a grand total of 1,256 in less than two year, and does not count
the hundreds I used on driving ranges.
Now, take into consideration that this is only 2 out of the 15-18 years the
range has been operating, using that as an average of 648 golf balls per year
times 18 brings up a total of 10,528 golf balls on my property, in my house,
since it opened for business. How would you like to have that in your yard
every day? This does not take into how much it costs to replace mower
blades when they hit golf balls that cannot be seen until it is too late. My
guess for this is 3 sets of blades for every year and that is being very
conservative. Multiply that by $50.00 a set.,
HOW MUCH MORE DISTRUCTION TO MY PROPERTY MUST I
ENDURE BEFORE I HIRE AN ATTORNEY TO GET THIS
STOPPED999999
THE ODDS ARE THAT SOMEONE IS GOING TO GET HURT VERY
BAD OR KILLED SOON. I PRAY THAT THIS WILL NEVER
HAPPEN.
The owners have had engineering teams working on this for almost two
years now and it is my request that this driving range be closed until this
problem is corrected, As it is, it is a hazard to life and property.
•
,r.
-7/
EAGLE LOFTS
k-ve /01<al 1
•
Eagle Planning Et Zoning Meeting
October 6, 2013
BOISE HUNTER
HOMES
}
1
PROJECT LOCATION
BOISE HUNTER
HOMES
1
ALLOWED USE
• City of Eagle Zoning Plan
BOISE HUNTER
HOMES
ALLOWED USE, C.N.T.
• Existing Development
Agreement
• 214 Multi Family
Residential Units
allowed -
• 76 Detached Single
Family Homes
proposed.
BOISE HUNTER
HOMES
OUR PROPOSAL
• 76 Residential
Lots
• 18.58 Acres
• Open Space and
Courtyards 52%
:00.1,1,1/, SIU CS
BOISE HUNTER
HOMES
OUP PROPOSAL, CONT.
• 1' -
fg
••:.t •
.L4iVI* 44%
TNE WHS. AT EAGLE PAVER Ma HUNTER HOMES
• Minimum house size +/- 2,000 sf.
BOISE HUNTER
HOMES
•
OUR PROPOSAL, CONT.
THE LOFTS AT EAGLE RIVER BOISE HUNTER HOMES
1•I AN It rI IM
THE LOFTS AT EAGLE RIVER BOISE HUNTER HOMES
BOISE HUNTER
HOMES
1
OUR PROPOSAL CONT.
ik
Similar
auto court
concepts
)
0: 0
I LOT SZE- 3,03S SF 1 1
ammo FOOTFItlM: -2 6O LOT Ste: 3,035 Si
BUILDING FOOFFlIINT:
_mho
Law SF (45.411)
1.440 SF (44216)
IliL !,
NE
v fyp� b
111•S OWL' ISOM v•rir
•
agggs
g SHEET
1 OF 3
14.0'
LOT Era 4,030 Si
MOM
FOOTPRNT: S.5
1,000 SF
144.711) -✓. •--tee.?
LEGEND
up
• LOT SIZE: SATO SF
UILDWO
TFISINT:
700 W
422%)
I01 URF
SL1BIOS
C01CREiE HA1tO
EAGLE LOFTS
EAGLE. 10
a
E7 • 1 4i1
!Pion Stole. 20. Feet
SETBACK & LOT COVERAGE EXHIBIT(TYPICAL)
BOISE HUNTER
HOMES
OUR PROPOSAL CONT.
Similar courtyard concepts
BOISE HUNTER
HOMES
SUMMARY AND CONCLUSIONS
76 units
74- Unique product
Good fit with Community
�-�- Utility Services Available
Improving Greenbelt System
Thank you for your consideration.
•
BOISE HUNTER
HOMES
elevationA -urban farmhouse
elevationB -modern mountain
elevationC -lakehouse
05.23.14
BOISE HUNTER
A-111--1
1
PLAN TWO
THE LOFTS AT EAGLE RIVER I BOISE HUNTER HOMES
woodley
architectural
group,m