Findings - CC - 1999 - RZ-10-98/CU-9-98/PPUD-2-98/PP-8-98 - 237 Acre/419 Lot/371 Buildable/
OR\G\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR)
A REZONE, CONDITIONAL USE PERMIT, )
PLANNED UNIT DEVELOPMENT PRELIMINARY)
DEVELOPMENT PLAN, AND PRELIMINARY )
PLAT FOR QUARTER CIRCLE RANCH PLANNED)
UNIT DEVELOPMENT FOR B.W. INc. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-l 0-98/CU-9-98/PPUD-2-98/PP-8-98
The above-entitled rezone, conditional use permit, planned unit development preliminary development plan, and
preliminary plat applications came before the Eagle City Council for their action on April 13, 1999. The public
hearing was closed at that time, and the Council 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:
B.W. Inc., represented by Dennis M. Baker, is requesting a rezone from A (Agricultural) to R-2-P
(Residential two units per acre maximum - PUD), and conditional use, planned unit development
preliminary development plan, and preliminary plat approvals for Quarter Circle Ranch Planned
Community. The development consists ofa 237-acre, 419-10t (371-buildable) residential
subdivision. The site is located on the west side of Eagle Road approximately 1600-feet south of
State Highway 44 at 1505 S. Eagle Road (temp. address).
B.
APPLICATION SUBMITTAL:
The applications for these items were received by the City of Eagle on December 24, 1998.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on January 27, 1999. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the requirements
of Title 67, Chapter 65, Idaho Code and Eagle City Code on January 15, 1999. Requests for
agencies' reviews were transmitted on December 31, 1998 in accordance with the requirements of
the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on
March 3, 1999. Notice of this public hearing was mailed to property owners within three-hundred
feet (300-feet) ofthe subject property in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and Eagle City Code on March 5, 1999.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Low Density Residential A (Agricultural) Agricultural land
(2-units per acre max.)
Proposed No Change R-2-P (Residential PUD) Quarter Circle Ranch PUD
housing development
North of site Low Density Residential A (Agricultural) Agricultural land
(2-units per acre max.)
South of site Low Density Residential A (Agricultural), R-2 Residences, commercial
(2-units per acre max.) (Residential), and C-2 business, and vacant land
(Commercial)
East of site Low Density Residential R-2-P (Residential) Residences and vacant land
(2-units per acre max.)
West of site Low Density Residential A (Agricultural) and A-R Residences and Agricultural
(2-units per acre max.) (Agricultural- Residential) land
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 237 .13-acres
Total Number of Lots - 419
Residential - 371
Commercial - 0
Industrial - 0
Common - 50
Total Number of Units -
Single-family - 329
Duplex - 0
Multi-family - 42
Total Acreage of Any Out-Parcels - 0
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Additional Proposed Required
Site Data
Dwelling 1.56-units per acre 2-units per acre maximum
Units Per
Gross Acre
Minimum Estate Lots: %-acre - 2-acres 17,000 sq. ft. (minimum)
Lot Size Luxury Lots: 14,375 s.f(approx.)
Custom Lots: 8,000 - 10,000 s.f. (approx.)
Cottage Home Lots: 5,000 s.f. (minimum)
Minimum Estate Lots: 75-feet 75-feet
Lot Width Luxury Lots: 75-feet
Custom Lots: 70-feet
Cottage Home Lots: 70-feet
Minimum 35-feet 35-feet
Street
Frontage
Total 57 -acres 57-acres (minimum)
Acreage of 23.71-acres for 10% minimum plus 33-
Common acres for lots smaller than the minimum -
Lots per ECC Section 8-2-4 (G)
Percent of 24% 24% (minimum - see above)
Site as
Common
Area
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0
Setbacks proposed for the Estate and Luxury lots:
Front
Rear
Interior Side
Additional Setback for
Multi-story structures
Street Side
30 feet
30 feet
7.5 feet
5 feet per story
20 feet
0
Setbacks proposed for the Custom lots:
Front
Rear
Interior Side
Additional Setback for
Multi-story structures
Street Side
20 feet
25 feet
7.5 feet
2.5 feet per story
20 feet
0 Setbacks proposed for the Carriage lots:
Front
Rear
Interior Side
Additional Setback for
Multi-Story structures
Street Side
15 feet
10 feet
0 feet
5 feet
15 feet
I.
GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Will provide a total of 24 % of common area. (24% required - see site data above)
"The paramount issue during planning for the Ranch was to retain and respect the Eagle Island
environment as much as possible and to make the new development compatible with existing
homes. To that end, the site plan has incorporated a variety of pathways, water features, open
spaces, and natural areas. Large lots (within the floodplain) are located along the western edge of
the project to buffer existing homes. Specimen trees will be retained, and nearly 48-acres of new
landscaping areas, new ponds and lakes will be visible from every home. These attractive water
features, supplied by the existing water table, will initially provide gravel and fill and also serve as
storm water retention basins.
Located at the center of the project, the existing Ranch home will be retained and converted to the
Homeowners' community association facility. Similar to Island Woods, this family recreation
center will be centrally located and membership will be included in annual homeowner fees. The
Homeowners Association or private management will operate the 4,000-5,000 square foot
community facility and recreation area that will feature tennis, swimming, volleyball and other
sports. Throughout the Ranch, convenient public pathways and sidewalks will allow residents to
walk and bike to the community center. In addition, the site's 16-foot natural gas easement,
which runs in a northwest to southeast alignment, will provide easy access to the North Channel
Greenbelt"
Storm Drainage and Flood Control:
Street drainage plans have been submitted by the applicant as required by the Subdivision
Ordinance. Specific drainage system plans are to be submitted to the City Engineer for review
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and approval prior to the City Engineer signing the final plat. The plans are to show how swales,
or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain
clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots
be so graded that all runoff runs either over the curb, or to the drainage easement, and that no
runoff shall cross any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code Section 9-3-6 requires utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) - no
Preservation of Existing Natural Features:
The 237 .I3-acre Quarter Circle Ranch has been designed to retain the feel of openness and beauty
of the cattle ranch and farmland. Existing views, water features, and existing, specimen trees will
be preserved and enhanced.
Preservation of Existing Historical Assets:
Per the environmental assessment plan submitted by the applicant, no existing historical assets are
located upon the site which would be required to be preserved. If during excavation or
development of the site, any historical artifacts are discovered, state law requires immediate
notification to the state.
1.
STREETS:
Private or Public Streets:
Both public and private streets are proposed within this development.
Cul-de-Sac Design, Sidewalks and Curbs and Gutters:
See ACHD staff report and site specific recommendations herein. The City recently required tree
lined streets, with a five-foot planter strip between the sidewalk and curb, for Brookwood Planned
Community and Feather Nest Estates Subdivision.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications shall be
provided to the City Zoning Administrator prior to the City Engineer signing the final plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received to date.
Approval from that committee is required prior to final plat approval.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
See "Open Space, Greenbelt Areas and Landscape Screening" under "I" above.
L.
PUBLIC USES PROPOSED:
A public pathway is proposed along Eagle Road abutting this site. A pathway/greenbelt system is
also proposed to meander through the interior of the development.
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE PEA TURES:
Areas of Critical Environmental Concern - Portions of this area are designated a Hazard Area and Special
Area in the Comprehensive Plan
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Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes
Mature Trees - yes
Riparian Vegetation - unknown
Steep Slopes - no
Stream/Creek: yes
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - yes
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): (EAP plan
submitted with the application)
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached:
City Engineer: All comments within the engineer's letter dated January 21, 1999 are of special concern
(see attached).
Ada County Highway District
Ada Planning Association
Central District Health
Division of Environmental Quality
Eagle Fire Department
EM2 Inc.
Eagle Sewer District
Meridian School District No.2
Idaho Transportation Department
United Water
Q.
LETTERS FROM THE PUBLIC: None received to date
R.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant states that, "Based on market conditions, it is anticipated that the Quarter Circle
Ranch will have 8-12 phases with a 5-10 year phased construction schedule beginning in 1999."
S.
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.
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6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain
preservation, and/or other special features which would not typically be provided in a non-PUD
proposal.
8. That the vehicular approaches to the property are designed to not create an interference with traffic on
surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic
feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general objectives
or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general objectives
or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for
this proposed development justifies any proposed deviation from any standard district regulations.
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 fmancing 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.
For a request of up to 10% of the gross land area to be directed to uses other than residential (ie;
commercial, industrial, public and quasi public uses that are not allowed in the land use district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
In cases where an increase in residential density of up to 15% of the allowable number of dwelling
units is requested:
22. LANDSCAPING - For up to 5%
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of existing
landscape, pedestrian way treatment, and recreational areas, incorporated into this development,
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exceed that of a non PUD development.
23. SITING - For up to 5%
That the quality of the designs for visual focal points, use of existing features such as topography,
view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation pattern, physical
environment, variation in building setbacks, and building grouping (such as clustering), incorporated
into this development, exceed that of a non PUD development.
24. DESIGN FEATURES - For up to 5%
That the quality of the designs for street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features, and varied use of housing types, incorporated into the
development, exceed that of a non PUD development.
T.
GENERAL STANDARDS FOR APPROVAL OF PRlV A TE STREETS:
Section 9-3-2-5 (A) General Standards: Private streets may be permitted if the Council determines
that the private street is in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that private streets
will serve to enhance the overall development;
2. The private street provides safe and effective movement of both vehicular and pedestrian
traffic;
3. The private street provides adequate access for service and emergency vehicles;
4. The private street does not adversely affect access or good transportation planning to adjacent
property and to the area travel networks;
5. The private street does not landlock adjacent property due to topography or parcel layout;
6. Other than to provide emergency access, the private street does not connect one public street
to another, encouraging travel through the development served by the private street;
7. The use or alignment of the private street does not interfere with the continuity of public
streets; and
8. An appropriate mechanism has been established for the repair and maintenance of the private
street, including provisions for the funding thereof.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
COMMENTS ON SPECIFIC POLICIES AND GOALS FROM THE EAGLE COMPREHENSIVE
PLAN
Housing:
#1. "A wide diversity of housing types and choice between ownership and rental dwelling units shall be
encouraged for all income groups in a variety of locations suitable for residential development."
#2. "The location of all housing shall be coordinated with provisions for adequate public facilities and
services. "
#3. "Development of housing for all income groups close to employment and shopping centers shall be
encouraged."
Comment: Quarter Circle Ranch was designed as a neighborhood with a diversity of housing opportunities
available for a wide-range of income groups. The plan calls for:
. Small-lot carriage homes (5,000 square feet) for seniors, small families, young families and singles
. Custom lots - 8,000- 1 0,000 square feet
. Luxury lots - 10,000 to 33,000 square feet
. Estate lots - 33,000 square feet to 2 acres
Land Use:
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#1. "To preserve the rural transitional identity."
#2. "To establish land use patterns and zoning districts that do not exhaust available services."
#11. "To identify the ........ ...Boise River Floodplain as Special Areas due to its environmental and scenic
significance. "
#12. "To create special development and design review standards for properties characterized by a Special
Area designation. Special Areas shall be given consideration for a Planned Unit Development (PUD) zoning
classification. "
#20. "To provide for a broad spectrum of housing types including apartments, townhouses, condominiums,
single family attached, affordable and subsidized housing and large acreage developments."
#21. "To establish categories of residential land use based upon a range of possible residential densities.
Residential density within a land use category may vary within the prescribed range from project to project. .."
#22. "To encourage clustering and density transfer techniques to provide for recreational opportunities and for
the preservation and acquisition of open space as part of Planned Unit Developments (PUD). . .. When a PUD
includes more than one land use and/or zoning designation, the boundary line between the designations may be
moved within the PUD if approved by the City Council and if the total number of acres in each land use, or
zoning designation remains substantially the same within the PUD."
Comment: The design objectives of Quarter Circle Ranch were to:
1. Present to the city of Eagle a project in accordance with the Comprehensive Plan future land use map; and
2. Create a high-quality, creative Planned Unit Development that respects Eagle Island's beauty, and natural
environment; and
3. Respect the community's strong interest in maintaining rural character, scenic views, and quality
development; and
4. Create a neighborhood with an array of housing types and prices that encourages greater diversity of
families in Eagle.
B.W. Inc., worked for over a year to design the optimum layout for the Quarter Circle Ranch and to design
a project respecting the desires of the City of Eagle. After undertaking the adjacent Island Woods, and
North Channel projects, B.W. Inc., understands and supports the careful stewardship of Eagle Island for the
community. There is no floodway in the project. The only floodplain area is on the western boundary
where eight lots are approximately 2.0-acres in size or greater.
Parks, Recreation and Open Spaces:
#3. "To set aside for perpetual public enjoyment an adequate amount of open space such as natural river
frontage, greenbelt-river trail, creeks, drainage ways, buffers, floodplains, wooded areas and viewpoints."
#4. "Developers shall be encouraged to dedicate and develop areas for parks or tot lots in new residential
developments."
#6 "To encourage development of a bike path system which would relieve motorized transportation routes and
connect parks, recreation and open space areas."
Comment: The development of Quarter Circle Ranch centered around incorporating water features, open
spaces and recreation into an overall plan. Approximately 57-acres were dedicated to open space. Significantly
greater access for the public to Eagle Island has been incorporated. A public greenbelt, running northwest to
southeast bisects the project and provides bike and pedestrian connection from the North and South Channels of
the Boise River. Access to the greenbelt along the south side of North Channel will be within easy reach for all.
For residents, and green belt users, water features, vistas or landscape areas will be within constant view.
Landscaping plans call for native and compatible plants and tree species.
The homeowners association clubhouse will be located on a 3.5-acre site and provide basketball, tennis, pool
and meeting facilities for all residents, 7-days a week.
Special Areas or Sites:
#3. "To protect and improve natural and man-made waterways and preserve their natural resource and
recreational value."
#4. "To preserve existing trees and natural growth wherever practicable and establish appropriate landscaping
as a part of new developments."
#8. "To require developers to prepare and submit an environmental assessment..... .."
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#9. "To require a plan for the restoration ofland which shall be made available..... ... . ..for each parcel ofland
located within a Special Area or Site that is proposed for the extraction of sand, gravel, rock, or other mineral
resource."
Transportation:
#5 "To require that new developments provide for pedestrian, equestrian and bicycle circulation in
accordance with adopted local and regional pathway plans."
#18 "To establish and require minimum setbacks between development and roadways and to encourage
installation of berms and landscaping for all developments to enhance safety and to enrich the roadway and
community appearance."
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
ECC Section 8-2-4 (G): A decrease of minimum lot size in a subdivision may be allowed if there is an
offsetting increase of the same percentage in open space and a planned unit development is applied for
and approved.
.
ECC Section 8-7-3-3 CONDITIONAL USES "PUBLIC SITES AND OPEN SPACES" Public sites
and open spaces shall conform to the following:
B. Natural Features: Existing natural features which add value to residential development and
enhance the attractiveness of the community (such as trees, water courses, 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.
.
ECC Section 8-7-3-5: CONDITIONAL USE PERMIT:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this Title.
.
ECC Section 8-6-1: PURPOSE "PLANNED UNIT DEVELOPMENTS":
It shall be the policy to guide a major development of land and construction by encouraging
planned unit development (PUD) to achieve the following:
A. A maximum choice of living environments by allowing a variety of housing and building types
and permitting an increased density per acre and a reduction in lot dimensions. vards. building
setbacks and area requirements;
B. A more useful pattern of open space and recreation areas and, if permitted as part of the
project, more convenience in the location of accessory commercial uses, industrial uses and
services;
C. A development pattern which preserves and utilizes natural topography and geologic features,
scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns;
D. A more efficient use of land than is generally achieved through conventional development
resulting in substantial savings through shorter utilities and streets; and
E. A development pattern in harmony with land use density, transportation and community
facilities objectives of the Comprehensive Plan.
.
ECC Section 8-6-5-2: COMMON OPEN SPACE:
A. Required Common Open Space: A minimum of ten percent (10%) of the gross land area
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c.
D.
developed in any residential PUD project shall be reserved for common open space and
recreational facilities for the residents or users of the area being developed.
D. Clustering: Every property developed under the PUD approach should be designed to abut
upon common open space or similar areas. A clustering of dwellings is encouraged.
SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL: (None)
DISCUSSION:
.
The Comprehensive Plan's land use map designations set the maximum density limit at 474 units for a
PUD for this site. The applicant is proposing 371 units, which is 103 units (21 'Yo) less than 474 units.
.
Eagle City Code Section 8-6-6-3, requires all [mal development plans to be reviewed by the Planning and
Zoning Commission as well as the City CounciL This is partly to allow for additional City review for
flexibility needed for long range and large PUDs.
.
The proposed variation in lot sizes and setbacks will be to provide a wide range of housing choices in
accordance with the comprehensive plan; to preserve Special Areas and to provide significant open space
in parks and pathway systems; and to transition from the smaller dwellings along Eagle Road to the
"Estate" residential area along the western portion of this site.
.
Regarding Eagle City Code findings for a rezone, conditional use permit, planned unit development
preliminary development plan, preliminary plat, and private streets - As a part of the application submittal
for this project, and in accordance with application submittal requirement #14, the applicant has provided
an 8 page document, dated December 23, 1998 and a 4 page addendum document dated February 3, 1999.
The documents outline how the applicant intends to guarantee that this project will meet the Eagle City
Code required [mdings for a conditional use permit, planned unit development preliminary development
plan, preliminary plat, and private streets. Staff has reviewed the document and believes that the findings
have been well addressed.
.
Staff will provide detailed discussion regarding this proposed development during the oral presentation at
the Planning and Zoning Commission and City Council meetings.
ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval of the rezone as proposed. Staff recommends approval of the conditional use
permit, preliminary development plan, preliminary plat, and private streets with site specific conditions of
approval and the standard conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on February 16,
1999. Testimony was taken, the public hearing was closed and the Commission made their recommendation at
that time.
B. Oral testimony in opposition to the application was presented by three individuals before the Planning and
Zoning Commission. The concerns addressed were related to increased traffic on Eagle Road, agricultural
vehicles on residential streets, school overcrowding, decrease in rural view areas, possible depletion in
irrigation water, artesian water, and subsurface water supplies, and the degradation of the natural state and
uniqueness of Eagle Island caused by the additional density on the island.
C. Oral testimony in favor of the application was presented by four individuals before the Planning and Zoning
Commission. Favorable comments were related to the overall well-planned, environmentally-sensitive
development, the larger lots proposed along the west portion of the development shows the responsiveness of
the developer to the neighbors, good mix of lot sizes including the cluster area. One individual that was in
favor of the application was also concerned about the agricultural traffic that will be using the residential streets
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within the development, and the possible nuisance that may be caused by the animals, vehicles, blue tarps, etc.
of the existing residences that abut this development.
COMMISSION DECISION:
The Commission voted 4 to 0 (Brinton left the meeting) to recommend approval of RZ-IO-98. The
Commission voted 4 to 0 (Brinton left the meeting) to recommend approval of CU-9-98/PPUD-2-98/PP-8-
98 (Quarter Circle Ranch Planned Unit Development) with the site specific and standard conditions of
approval shown within their Findings of Fact and Conclusions of Law document dated March 1, 1999.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on April 13, 1999, at which time
testimony was taken and the public hearing was closed. The Council took action at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicants and their representatives).
D. Oral testimony neither in favor nor in opposition was presented to the City Council by one individual whose
major concern is the possibility of the property's existing water rights being transferred off-site thereby
decreasing the level of involvement between the ditch company and the development (or its representatives) .
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-1O-98. The Council voted 4 to 0 to approve CU-9-98/PPUD-2-
98/PP-8-98 (Quarter Circle Ranch Planned Unit Development) with the following site specific and standard
conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Comply with all site specific recommendations provided within the City's Engineering firm's (Holladay
Engineering) letter dated January 21, 1999.
2.
All development within area of the Property which is within the IOO-year floodplain shall have fmished floor level
of all buildings which are at least two (2) feet above the Federal Emergency Management Association Base Flood
Elevation (BFE).
3.
Regardless of the maximum number of residential units allowed within the zoning designation, the maximum
density for residential development within the lOa-year floodplain shall be one (1) dwelling unit per one (1)
acre and the floodway land area shall not be considered when calculating the maximum residential density
permitted.
4.
All buildings shall be set back a minimum of lOa-feet from the floodway line except that when the IOO-year
floodplain line is lOa-feet or less from the floodway line the floodplain line shall be the setback line.
5.
Open areas such as greenbelt areas, non-residential parking lots, etc., within the 100 year floodplain, shall be
designed and operated so that they may flood and provide storage capacity for waters during IOO-year flood
events.
6.
A Flood Plain Development Permit application shall be submitted to and approved by the City prior to
commencing any work within the 100-year flood plain
7.
Grading plans shall show that grading shall be done in such a way that the floodwater storage volume in the
100-year floodplain, as bounded by the existing surface topography and the Base Flood Elevation surface, shall
not be reduced from the current quantity. Depressions which will be filled with ground water and sections of
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the lOa-year floodplain which are restricted from floodwater conveyance due to roads built above the Base
Flood Elevation shall not be considered when determining floodwater storage volumes.
8.
Roadways and manholes within the 100-year floodplain shall be a minimum of D.5-feet above Base Flood
Elevation at center line and manhole ring respectively and all new roads built above the Base Flood Elevation
shall not restrict conveyance of floodwater into sections of the 100-year floodplain which may be cut off by the
proposed road. Culverts or bridges shall be provided under roads to allow floodwater conveyance for
floodwater storage into sections of the 1O0-year floodplain which may be cut of by a road.
9.
All public and private street sidewalks shall be separated from the curb to allow landscape strips and trees to be
planted between the sidewalks and the street.
10. The developer shall provide 3-inch minimum caliper shade-class trees (to be reviewed and approved by the
Design Review Board) along both sides of W. Islands Woods Drive, S. Channel Road, and W. River Pointe
Drive (east of S. Channel Road). Trees shall be placed at each lot comer with the distance between trees to be
no more than 80-feet or less than 35-feet. The trees shall be located in a landscape strip between the sidewalk
and the curb. To assure the installation of the trees and landscaping required within this condition provide the
City with a copy of the subdivision's CC&R's (to be reviewed and approved by the Design Review Board)
showing requirements for:
a. Types of trees and landscaping to be installed within the landscape strip;
b. Trees to be installed prior to issuance of occupancy permits for the homes;
C. An automatic, pressurized irrigation system to be installed by the homeowners prior to issuance of
occupancy permits for the homes; and
d. Requirements for homeowner maintenance of trees, other landscaping, and automatic irrigation system
within the landscape strip.
11. Any private streets will be required to comply with the private street ordinance of the City of Eagle.
12. Other than the sidewalks along the streets, meandering pathway/trails within the subdivision shall be shall be 6-
foot wide minimum asphalt or concrete.
13. 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 be extended in the future".
14. Final development plans shall be reviewed as "New Business" items and not as "Public Hearing" items unless
the City determines that any difference between the preliminary development plan and final development plan
needs additional public comment because of possible impacts to surrounding property owners, to this
development, or to the community, or inconsistency with the conditions herein. If the City determines that a
public hearing shall be held on the final development plan, notice shall be provided for (as was required for the
preliminary development plan).
15. The total surface area of the water amenities shown on the documents provided with this application shall not
be decreased unless the decrease is approved by the City Council. The City Council may permit a maximum
decrease of up to 10% of the total surface area of the water amenities as long as the decreased area is added to
common area.
16. The street and pathway configuration shall remain substantially as shown on Preliminary Development Plan
submitted to the City with this application.
17. The open space area shall not be permitted to be decreased from the 57-acres proposed.
18. The community facility/recreation area shall be completed prior to one year after ACHD accepts the public
street providing access to the center.
19. Useable park amenities such as skateboard parks, picnic tables, gazebos, swing sets, basketball courts, ball
fields and/or similar amenities shall be provided within the open space areas. Landscape plans showing open
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space amenities shall be reviewed and approved by the Design Review Board.
20. Minimum building setbacks, lot sizes and lot widths shall be as stated within the "Site Data" section "H" within
the City Council's Findings of Fact and Conclusions of Law with the following condition: The additional 5-
foot setback required for two story structures shall be waived for the front, back and street sides of all units
within the subdivision. The additional 5-foot per story setback required from interior lot lines shall permitted
to be decreased to 2.5-feet only for those homes located on Custom Lots as noted in the above findings.
21. Additional specific criteria for the higher density clustered residential dwelling development area shown as
Phase 5 on the submitted preliminary plat:
a. Forty-two (42) dwelling units shall be permitted (carriage homes).
b. Upon review of fmal development plans the City may encourage that dwelling units be designed with front
porches with decreased front setbacks to provide a neo-traditionallook.
c. If decreased setbacks are approved garage doors will still be required to be a minimum of 18-feet from the
garage side of any sidewalk to allow sufficient room for a car to park in front of the garage without
blocking the sidewalk.
d. Upon review of final development plans the City may encourage that dwelling units be designed with side
entry garages.
e. Upon review of final development plans the City shall consider approval of zero lot line development,
town houses, condominiums and duplexes.
f. Attached dwelling units (i.e.: duplex/townhouse units) shall be designed so that garage doors do not
dominate the fronts of the dwellings.
g. Common walls between attached units shall be insulated to decrease the transfer of noise between the units.
The insulation method shall be reviewed and approved by the City Building Official prior to approval of
the final development plan.
22. Subdivision signage, common area, recreation center, street trees, existing trees, pathways, buffer areas,
perimeter fencing, and etc. shall be reviewed and approved by the Design Review Board prior to approval of
final development plan.
23. The entire Quarter Circle Ranch development shall remain under the control of one Homeowners Association.
24. A maintenance building shall be provided of such size and in such location as is suitable for the service needs
that are necessary for the repair and maintenance of all common areas. The building shall be reviewed an
approved by the Design Review Board.
25. Provide a 5-foot wide concrete meandering sidewalk along Eagle Road abutting the site.
26. 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 harm.less for any and all water rights,
claims in any way associated with these applications.
27. Provide a note on the face of the plat and within the CC&R's stating that commercial and agricultural traffic
will be using the public streets within the Quarter Circle Ranch development for access to and from Eagle
Road to parcels not within the development.
28. Provide a note within the CC&R's stating that agricultural activities surrounding this development, which may
include noise from farming equipment, may occur at any time (24-hours a day).
ST ANDARD 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
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3.
4.
5.
6.
prior to the City Engineer signing the final plat.
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.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the
City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.c. 39-118).
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 fmal plat.
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 fmal 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.
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 title or other like
satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision
who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria for
pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall be
approved by the City Engineer prior to the City Engineer signing the final plat.
9.
The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all
drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the
construction drawing(s) shall be submitted with the letter.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City
Engineer signing the fmal 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 fmal plat.
12.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
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13.
14.
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 fmal 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.
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.
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..
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 for non-residential uses (i.e.: Commercial, Industrial, Schools, etc.). Flow
rates shall 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.
The proposed fIre protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit.
c.
d.
15.
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 fmal 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.
16.
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 fmal plat.
17.
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.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Councilor 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.
19.
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 fmal plat by the
City Council.
20.
The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall
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21.
22.
23.
24.
25.
26.
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".
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.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the fmal plat.
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.
The applicant shall obtain approval of the development relative to its effects on wetlands or other natural
waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources
and/or any other agency having jurisdiction prior to the City Engineer signing the final plat.
Basements in homes in the flood plain are prohibited.
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.
27.
No change in the terms and conditions of this approval shall be valid unless they are in writing and signed
by the applicant or the applicant's authorized representative and an authorized representative of the City of
Eagle. The burden shall be upon the applicant to obtain written confirmation of any change from the City
of Eagle.
28.
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 fmal 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 fmal plat. The financial guarantee shall be a Letter of Credit,
Certificate of Deposit, cash deposit or certified check.
29.
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.
30.
Prior to submitting the fmal 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.
CONCLUSIONS OF LAW:
A. The applications for this item were received by the City of Eagle on December 24, 1998.
B. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on January 27,
1999. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the
subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code
on January 15, 1999. Requests for agencies' reviews were transmitted on December 31, 1998 in accordance
with the requirements of the Eagle City Code.
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Notice of Public Hearing on the application for the Eagle City Council was published in accordance for
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on March 3, 1999. Notice of
this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on March 5,
1999.
C. In accordance with Eagle City Code [IDdings for a rezone, conditional use permit, planned unit development
preliminary development plan, and preliminary plat the Eagle City Council makes the following conclusions for
RZ-1O-98/CU-9-98/PPUD-2-98/PP-8-98 (Quarter Circle Ranch Planned Unit Development), as proposed with
the conditions recommended herein:
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 because;
The existing Quarter Circle Ranch is no longer an economically feasible enterprise. B.W. & Assoc., is
acquiring the 237.13-acre ranch and developing it into a well-planned residential community that will
continue the character and caliber ofIsland Woods.
The Ranch will carefully transition to a planned residential community with large areas of landscaped open
space and water features patterned after Island Woods and sensitive to Eagle Island. There will be a range
of housing opportunities from 2-acre custom home sites to carriage house units. Large common areas,
water features, pedestrian trails, construction phasing, and active homeowner associations are the hallmarks
ofB.W. & Assoc. projects. Each of the residential areas will function as small neighborhoods; yet all
homeowners will be required to join the overall community association. In addition, a family recreational
facility will be provided at a central location. Connection to the North Channel of the Boise River
Greenbelt will be provided and residents will be able to conveniently walk or bicycle to North Channel and
other Eagle retail businesses from the Ranch.
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 because;
The 237 .13-acre Quarter Circle Ranch has been designed to retain the feel of openness and beauty of the
cattle ranch and farmland. Existing views, water features, and existing, specimen trees will be preserved
and enhanced. Access to the site will be from Eagle Road at three locations; Island Woods Drive will be
the main entrance.
Primarily custom builders will build homes at the Ranch. Covenants, Conditions, and Restrictions (CCRs)
will be established specifying appearance standards for "traditional" and "country" design that all property
owners must follow. Design guidelines including roof slope, exterior colors, façade finishes, lighting, etc.,
will be developed by B.W., Inc. Professional landscaping design and will be located throughout the project.
The Homeowners Association will enforce the development conditions at the Ranch in the same manner as
Island Woods. All property owners will be required to join the Homeowners Association which will also be
responsible for maintenance of the common areas and the community facilities. A fee will be set by the
association and annually assessed all property owners for maintenance of the common areas and facilities.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses because;
The Ranch will be built adjacent to Eagle Road, a major arterial. All access points will be off Eagle Road
and will not intrude on existing homes located to the west of the proposed development. The site plan
incorporates larger acreage lots on the western perimeter, which serve as a buffer to the existing adjacent
residential 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
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production of traffic, noise, smoke, fumes, glare or odors because;
The Ranch will produce only normal traffic associated with residential I activities.
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 because;
All municipal services are available to the site. The area has been annexed into the Eagle Sewer District.
Drainage structures, water, sewer, roads and other urban services will be provided at the developer's
expense. Meridian School District is aware of the proposed development and B.W. & Assoc. has proposed
a future elementary school site approximately 0.5 miles from the Ranch.
6. That the development will not create excessive additional requirements at public cost for public facilities
and services because;
B.W. & Assoc., is an experienced builder that has an excellent track record of providing well-designed
project improvements. All the public facilities and services are provided by the developer and must be
approved by the city at the time of installation and before acceptance by the sewer, water and road districts.
The community recreational facility will be built at the inception of the project by the B.W. & Assoc. and
funded and maintained by the developer and then turned-over to the Homeowners Association. In this
way, the scheduled improvements are provided at the initial stage of development thus avoiding any
potential city liability and expenditures.
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
because;
The paramount issue during planning for the Ranch was to retain and respect the Eagle Island environment
as much as possible and to make the new development compatible with existing homes. To that end, the
site plan has incorporated a variety of pathways, water features, open spaces, and natural areas. Large lots
(within the floodplain) are located along the western edge of the project to buffer existing homes.
Specimen trees will be retained, and nearly 48-acres of new landscaping areas, new ponds and lakes will be
visible from every home. These attractive water features, supplied by the existing water table, will initially
provide gravel and fill and also serve as storm water retention basins.
Located at the center of the project, the existing Ranch home will be retained and converted to the
Homeowners' community association facility. Similar to Island Woods, this family recreation center will
be centrally located and membership will be included in annual homeowner fees. The Homeowners
Association or private management will operate the 4,000-5,000 square foot community facility and
recreation area that will feature tennis, swimming, volleyball and other sports. Throughout the Ranch,
convenient public pathways and sidewalks will allow residents to walk and bike to the community center.
In addition, the site's 16-foot natural gas easement, which runs in a northwest to southeast alignment, will
provide easy access to the North Channel Greenbelt.
8. That the vehicular approaches to the property are designed to not create an interference with traffic on
surrounding public thoroughfares because;
There are three access points to the development: Eagle Road, Mace Road and South Channel Road. The
main entrance at Eagle Road and Island Woods Drive will be signalized when traffic warrants are met.
The development has been designed to restrict use of Mace Road so that it continues to primarily serve the
existing homes to the west. On the western edge of the development, a stub street easement has been
provided to connect the Ranch with future development. South Channel Road will continue to mainly
access the existing homes in the area.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic
feature of major importance because;
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An environmental impact assessment has been completed by Resource Systems, Inc.
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 because;
As proposed, the Quarter Circle Ranch meets the land use and density envisioned in the 1997
Comprehensive Plan map. According to the plan, "Low Density Residential", for the 237 .13-acre site is
anticipated (2 or fewer dwelling units per acre). As proposed the Ranch has an overall density of 1.56
units/acre. Open spaces, water features, and large lots in the Ranch are in keeping with the Comprehensive
Plan vision of promoting urban harmony within a rural environment. The project has been carefully
designed to respect property values for existing property owners and to provide a quality lifestyle for new
residents.
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 because;
This application is requesting the following approvals:
1. Rezone from Agricultural to Residential R-2-P;
2. Preliminary Plat Application/Conditional Use Permit for PUDs; and
3. Flood Plain Development Permit
The proposed Quarter Circle Ranch has been planned to be in conformity with the PUD intent and
development guidelines as stated below:
PUD
"It shall be the policy to guide a major development ofland and construction by encouraging planned unit
development (PUD) to achieve the following:
8-6-1 Purpose
A. A maximum choice of living environments by allowing a variety of housing and building types and
permitting an increased density per acre and a reduction in lot dimensions. yards. building setbacks
and area requirements.
B. A more useful pattern of open space and recreation areas and, if permitted as part of the project, more
convenience in the location of accessory commercial.... uses and services.
C. A development pattern which preserves and utilizes natural topography and geologic features, scenic
vistas, trees and other vegetation and prevents the disruption of natural drainage patterns. "
D. A more efficient use of land than is generally achieved though conventional development resulting in
substantial savings through shorter utilities and streets; and
E. A development pattern in harmony with land use density, transportation and community facilities
objectives of the Comprehensive Plan. "
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 because;
The Quarter Circle Ranch proposal envisions a variety of lot sizes within the R-2 Zone District.
The variety of housing types in the Ranch is the significant element to creating and supporting an
innovative open space and community facilities plan.
13. Fora request of up to 10% of the gross land area to be directed to uses other than those permitted in the
zone: Not applicable in this proposed PUD.
14. 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 because;
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The public services that will be provided to the development include: fire and police protection, central
water and sewer, road construction, schools and solid waste collection, and parks, open space and
recreation.
15. That an estimate of the public service costs to provide adequate service to the development has been
provided by the developer.
The 1998-99 City of Eagle adopted budget shows total General Fund, including Library Fund expenditures
of $3,386,534. Utilizing APA's household estimates for 1998 of 4,038 and adding approximately 250 new
households (based on historic building permit activity) equals approximately 4,288 households in 1999.
The resulting cost for city funded services is approximately $789.77 per dwelling unit.
16. That an estimate of the tax revenue that will be generated from the development has been provided by the
developer.
An analysis of the property tax revenue is reached by determining the average market value of properties in
the Ranch at full build-out. Different home types have been assigned reasonable home values based on
residential prices that exist today in the marketplace. Considering the homeowner exemption of $50,000,
the average taxable home value is estimated at $250,000. The current property levy in Eagle is
.014643586 with .003459464 specifically designated for Eagle's General Fund, Eagle Fire District and
Eagle Sewer District. The resulting tax revenue generated by this project is $864.86 per housing unit
(1998 dollars).
17. That suggested public (or private) means of fmancing 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 because;
Based on the analysis provided in sections P and Q, the Ranch PUD will result in excess revenues to the
city. Individual household public service costs to the City of Eagle General Fund, Eagle Fire District and
Eagle Sewer District is estimated at $789.77. Anticipated revenues of $864.86 per household more than
offset this cost.
D. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the Commission has
determined that:
1. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or
other features of the development or its surroundings such that private streets will serve to enhance the
overall development because the applicant is planning 2-acre+/- lots along the western portion of this
development to provide compatibility with the 5-acre+/- lots to west; because this design will limit the
number of units in the 100-year floodplain; and because the private roads will be gated thereby further
reducing traffic and potential nuisance to the rural lots to the west (public roads could not be gated); and
because the applicant is planning to provide a unique housing opportunity within the carriage lots located
at the southeast corner of the development by offering an intimate setting accomplished in part by
providing narrow (less than public standards), non-continuous streets.
2. The private street provides safe and effective movement of both vehicular and pedestrian traffic because
the roadways will be gated or designed to be non-continuous (thereby limiting the number of vehicles
using the roadways) and will be a minimum of 24-feet wide (with an additional 6-feet which may be
required to be provided as a stripped pedestrian/bicycle path when the final development plan is reviewed);
and because the lot sizes are 2-acres+/- thereby further limiting the number of vehicles and pedestrians
using the roadways.
3. The private street provides adequate access for service and emergency vehicles as the Eagle Fire
Department will be required to approve the roadway and gated entries.
4. The private street does not adversely affect access or good transportation planning to adjacent property
and to the area travel networks because the adjacent properties, and surrounding area, will be adequately
Page 21 of 22
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served by public roads as shown on the proposed plan.
5. The private street does not landlock adjacent property due to topography or parcel layout as shown on
the proposed plan.
6. Other than to provide emergency access, the private street does not connect one public street to another,
encouraging travel through the development served by the private street because the street will be gated or
will be designed to be non-continuous.
7. The use or alignment of the private street does not interfere with the continuity of public streets as can be
seen by reviewing the proposed plan and because approval of the highway district having jurisdiction will
be required to approve the private road! public road connection and gated entries.
8. An appropriate mechanism has been established for the repair and maintenance of the private street,
including provisions for the funding thereof within the CC&R's for the development.
DATED this 27th day of April, 1999.
CITY COUNCIL OF THE CITY OF EAGLE
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Page 22 of 22
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