Findings - PZ - 2019 - CPA-01-19&A-02-19/RZ-05-19 & CU-04-19/PPUD-03-19/PP-05-19 - 88-Lots W Brenna Drive N Of Flint Estates SubBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A COMPREHENSIVE: PLAN TEXT )
AMENDEMENT, ANNEXATION, REZONE )
FROM RUT (RURAL -URBAN TRANSITION — )
ADA COUNTY DESIGNATION) TO R -1 -DA -P )
(RESIDENTIAL WITH A DEVELOPMENT )
AGREEMENT — PUD) AND R -4 -DA -P )
(RESIDENTIAL WITH A DEVELOPMENT )
AGREEMENT — PUD), CONDITIONAL USE )
PERMIT, PRELIMINARY DEVELOPMENT )
PLAN AND PRELIMINARY PLAT FOR )
WHITEHURST SUBDIVISION FOR MUSTANG )
35, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA -01-19 & A-02-19IRZ-05-19 & CU..04-19IPPUD-03-19IPP-05-19
The above -entitled comprehensive plan text amendment, annexation, rezone with a development
agreement, conditional use permit, preliminary development plan and preliminary plat applications came
before the Eagle Planning and Zoning Commission for their recommendation on September 16, 2019, at
which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning
Commission, having heard and taken oral and written testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Mustang 35, LLC, represented by Mark Butler with Land Consultants, Inc., is requesting a
comprehensive plan text amendment, annexation, rezone from RUT (Rural -Urban Transition —
Ada County designation) to R -1 -DA -P (Residential with a development agreement — PUD) and R-
4 -DA -P (Residential with a development agreement — PUD), conditional use permit, preliminary
development plan, and preliminary plat approvals for Whitehurst Subdivision, an 88 -lot (77 -
buildable, 9 -common, 2-shared/common driveways) residential planned unit development. The
30.06 -acre site is located at the terminus of West Breanna Drive north of Flint Estates Subdivision.
B. APPLICATION SUBM1'i'TAL:
A Neighborhood Meeting was held at Eagle City Hall — Freedom Room at 6:00 PM, on Thursday,
March 7, 2019, in compliance with the application submittal requirement of Eagle City Code. The
applications for this item was received by the City of Eagle on April 18, 2019. A second
Neighborhood Meeting was held at Eagle City Hall — Freedom Room at 6:00 PM, on Monday,
April 29, 2019. A revised preliminary plat/preliminary development plan was provided to the City
on May 21, 2019. A second revised preliminary plat/preliminary development plan was provided
to the City on July 24, 2019.
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 30, 2019. Notice of this public hearing was mailed to property owners
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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 August 30, 2019. Requests for
agencies' reviews were transmitted on April 23, 2019, in accordance with the requirements of the
Eagle City Code. The site was posted in accordance with the Eagle City Code on September 6,
2019.
D. HISTORY OF RELEVAN 1 PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN ZONING
DESIGNATION DESIGNATION
Neighborhood
Residential with a
Transition Overlay
No Change
Neighborhood
Residential with a
Transition Overlay
Neighborhood
Residential with a
Transition Overlay
Large Lot Residential
Neighborhood
Residential with a
Transition Overlay
and Public/Semi-
Public
RUT (Rural -Urban
Transition — Ada County
designation)
R4 -DA -P and R -4 -DA -P
(Residential with a
development agreement —
PUD)
RUT (Rural -Urban
Transition — Ada County
designation)
A -R (Agricultural -
Residential)
RUT (Rural -Urban
Transition — Ada County
designation)
PS (Public/Semipublic)
and R -E (Residential -
Estates)
LAND USE
Agricultural
Single -Family, Residential
Planned Unit Development
Proposed City of Eagle
Public Park Site (West Park)
Single -Family Residential
(Flint Estates Subdivision)
Single -Family Residential
(Colony Subdivision)
Eagle High School and
Church of Jesus Christ of
Latter Day Saints Seminary
Building
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SI'I'EDATA:
Total Acreage of Site — 30.06 -acres
Total Number of Lots — 88
Residential — 77
Commercial — 0
Industrial — 0
Common — 11 (9 -common, 2 -shared driveways)
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Total Number of Units — 77
Single-family — 77
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data Proposed
Dwelling Units Per Gross Acre 2.56 -dwelling units per acre
Minimum Lot Size 5,341 -square feet (R-4)
37,010 -square feet (R-1)
Minimum Lot Width
50 -feet (R-4)
155 -feet (R-1)
Minimum Street Frontage Ofeet*
Total Acreage of Common Area 6.78 -acres
Open Space
Percent of Site as Common Area 22.55%
Open Space
Required
2.00 -dwelling units per
acre maximum
8,000 -square feet (R-4)
37,000 -square feet (R-1)
70 -feet (R-4)
100 -feet (R-1)
35 -feet
6.01 -acres minimum
20%
Except that, according to
ECC Section 9-3-8 (C) the
City may require
additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 50 or
more lots.
* Access provided from a share driveway.
I. GENERAL Sri DESIGN FEATURES:
Landscape Screening:
The preliminary plat/preliminary development plan, date stamped by the City on July 24, 2019,
shows a minimum 35 -foot wide common lot located along the west side of North Fisher Park Way
and West Conifer Street east of North Fisher Park Way.
Open Space:
A total of 6.78 -acres of open space is proposed (inclusive of the planter strips). The preliminary
plat/preliminary development plan, date stamped by the City on July 24, 2019, shows a large
common area located at the southeast corner of the property. The remaining open space areas are
inclusive of the required 35 -wide buffer area located along North Fisher Park Way, a common lot
with a 6 -foot wide pathway providing access between West Timber Street and the proposed future
City park area, three (3) common lots located along North Creekwater Avenue that contain
stormwater facilities, and a common lot located at the southwest corner of North Fisher Park Way
and West Conifer Street which also includes a stormwater facility.
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Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping,
will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be
reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide, except
that lesser easement widths, to coincide with respective setbacks, may be considered as part of a
planned unit development.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) — No
Preservation of Existing Natural Features:
The property contains mature trees located at the southeast corner of the property. This area will be
a common lot. The preliminary development plat/preliminary development plan shows the existing
trees located within the common lot.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
J. S'IREET DESIGN:
Public Streets:
OVERALL SITE PLAN
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"' :� /1i l'rJ.'.. �• , b.rt': ' ♦ irk., r-Z/.�",F c/%'u r R•i �:'¢Y '�. •l+.
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tr OVA AI AN
TYPICAL COLLECTOR ST ET SECTION -Orme
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Page 4 of 18
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w<ti �. , � �� �.;;�;:?,�,��b`:.,,.,Y.wC:y`.�;.•,p�+•,��'l�'�X_`�"�";!J�Y,��4'�j�,`�n"S�ol`•J,,Yt�(•'
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TYPICAL LOAL STREET SECTION DETACHED SIDEWALK
NOt TO SCALE•sae .RSGlT-OI Y
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Applicants Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: None
Sidewalks:
A detached 5 -foot wide concrete sidewalk is proposed abutting the planter strips located within the
proposed right-of-way on both sides of all interior public roadways.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND Orr -SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat/preliminary development plan, date stamped by the City on July 24, 2019,
shows a 6 -foot wide pedestrian pathway located within Lot 28, Block 1, which provides access
between West Timber Street and the property located to the north (proposed City of Eagle public
park [West Park]). The colored site plan, date stamped by the City on September 9, 2019, shows a
path located within the common lot (Lot 1, Block 5) located at the southeast corner of the project.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right-of-way or separate easement, as may be specified by the City Council.
L. PUBLIC USES PROPOSED: None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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N. SPECIAL ON-Sii'E FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes — located in proximity to the southeast corner of the property.
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — unknown
Wildlife Habitat — unknown
O. SUMMARY OF REVIEW OF ENVIRONMENiAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated June 4, 2019, are of special
concern (attached to the staff report).
ACHD
Andeavor
Ballentyne Ditch Company
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
West Ada School District
Q. LETTERS FROM THE PUBLIC (attached to the staff report):
Email correspondence received from Brandon Fabrizio, dated September 9, 2019.
Email correspondence received from Rick and Sharon Pennington, dated September 9, 2019.
R. PROPOSED TIME SCHEDULE FOR THS DEVELOPMEN 1 OF THS SIlE:
The provided narrative, date stamped by the City on August 1, 2019 (attached to the staff report),
indicates the proposed time schedule for development of the site is to commence with
infrastructure construction in the winter of 2019/2020 with vertical construction estimated to start
in the spring of 2020. The project is anticipated to be built in a single phase.
S. EAGLE CiiY CODE FINDINGS FOR A PLANNED UNI'i' DEVELOPMENT PRELIMINARY
DEVELOPMEN 1 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.
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3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non -PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF' ANALYSIS PROVIDED WITHIN THE STAF'F' REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
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Neighborhood
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
CHAPTER 1: VISION
LIVABLE: A highly livable City that successfully balances new growth with the rural and natural
features that make our City unique.
i'RANSPORTATION: A system of well-connected and user-friendly roadways and pathways that
balance regional transportation needs with livability and the needs of local and non -motorized
users.
ACTIVE COMMUNITY: A community focused on recreation, open space, and parks.
CHILDREN & FAMILIES: A community committed to its support of children and families.
DIRECT GROWTH: Assign and direct growth into appropriate areas and densities as designated
by this plan.
ECONOMIC SUSTAINABILITY: A community focused on economic sustainability, the ability
for the city to continue to fund, improve and support itself, including infrastructure and parks,
without the use of building permit fees, impact fees and zoning fees.
1.8: AMENDMENTS TO THE PLAN: From time to time, changing conditions will result in a
need for comprehensive plan amendments. The Land Use Planning Act provides for amendment
to the Comprehensive Plan. The City Council or any group or person may petition the City
Planning and Zoning Commission for a plan amendment at any time.
CHAPTER 2: PROPERTY RIGHTS
PROPERTY RIGHTS GOAL
2.2 - All land use decisions made by the City of Eagle pursuant to this Comprehensive plan shall
protect fundamental private property rights.
PROPERTY RIGHTS IMPLEMENTATION STRATEGIES
2.4.A: Land use development regulations should be designed to protect the health, safety and
welfare of the community, and to avoid any unnecessary conditions, delays and costs.
2.4.B: The protection and preservation of private property rights should be a strong consideration
in the development of land use policies and implementation standards and regulations and as
required by law.
2.4.C: The Comprehensive Plan and implementing ordinances should strive for stable and
consistent policies regarding development densities and requirements.
2.4.E: All changes in the comprehensive plan and land use entitlement should be reviewed in
compliance with this plan.
CHAPTER 3: POPULATION, GROWTH & HOUSING
POPULATION, GROWTH & HOUSING GOALS
B. Promote and maintain a high quality of life and livability in the community regardless of that
growth.
POPULATION IMPLEMENTATION STRATEGIES
3.5.C: Allow the market to provide a variety of housing opportunities ranging from large -lot
residential to multi -family apartment uses.
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CHAPTER 4: UTILITIES, FACILITIES AND SERVICES
UTILITIES, FACILITIES AND SERVICES IMPLEMENTATION STRATEGIES
4.2.3.E: Work with the school district, ACHD, and developers to establish access options for Eagle
Schools via pathways and/or streets.
4.7.3.J: Work with the Eagle Sewer District and developers to promote consolidation of treatment
facilities and sewer collection. The system design should be based on larger drainage areas rather
than individual developments.
4.10.3.A: Work with utility to allow placement of utility facilities in public rights-of-way including
underground.
CHAPTER 6: LAND USE
GENERAL LAND USE
6.4.A: Preserve the rural transitional identity of the City of Eagle.
6.4.B: Ensure the ability for the City to continue to fund, improve and support itself (including
infrastructure)without the use of building permit fess, impact fees, and zoning fees.
6.4.D: Preserve the function of regionally significant roadways transecting the city while ensuring
compatibility with land use and design standards.
GENERAL LAND USE OBJECTIVES
6.4.2 A. Encourage the conservation and preservation of open spaces (sensitive habitat for plant,
wildlife, and species and unique areas) based on diverse values within the City of Eagle.
6.4.2.D: Establish and enforce a future land use map and associated policies as the official guide
for development in the City of Eagle.
6.4.2.E: Implement the land use map and associated policies through the zoning and development
review process.
GENERAL LAND USE IMPLEMENTATION STRATEGIES
6.4.3.B: Establish land use patterns and zoning districts that do not exhaust available services such
as sewer, water, polices, fire, recreation, highways and transportation systems.
6.4.3.X. Require design treatments to provide compatibility of new development with existing
development by considering such issues as transitional lot sizing, building orientation, increased
setbacks, height limitations, size restrictions, design requirements, fencing, landscaping or other
methods as determined through the development review process.
PARK LANE USES:
6.5.1 .D: The Land use for the properties north of Flint Drive and extending north to Floating
Feather Road, east of Eagle High School, is Neighborhood Residential with a Residential
Transition Overlay. Development in this area should be designed to ensure compatible residential
lot sizing (1 -acre lots) adjacent to the Colony Subdivision and transition to a density of up to 3
units per acre near the high school. The overall density of the area should not exceed 2 units per
acres.
PARK LANE DESIGN:
6.5.2.6: Transitional lot sizes, and design elements (berms, fences, etc.) should be used to provided
buffering to residential areas to the east and north of the mixed-use area.
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PARK LANE ACCESS/CONNECTIVITY
6.5.3.D. New residential roads in the area east of Eagle High School should provide connectivity
to Floating Feather Road to the north, Park Lane to the west, and Breanna Drive to the east.
CHAPTER 8: TRANSPORTATION
8.3 TRANSPORATION SYSTEM OBJECTIVES
8.3.A: Encourage completion of the existing street system and creation of new links, within
reasonable constraints and as identified within the land -use subarea plans, as the transportation
system develops.
8.3.C: Maintain a land use decision-making process that is supportive of the operational
characteristics identified in the most recent Regional Long -Range Transportation Plan for Ada
County of record, and which is protective of living environments along streets. Balance the
regional need for connectivity with the local needs of accessibility.
8.3.D: Ensure that corridor planning, roadway route selection and other transportation system
development considers the impact on the development potential of adjacent and under -developed
lands.
8.3.E: Promote land use policies that limit access as necessary to maintain safe and efficient
operation of the existing street system while allowing reasonable access to individual development
parcels.
8.3.F: Maintain safe and comfortable neighborhoods by minimizing speeding and cut -through
traffic while limiting the use of cul-de-sac streets and private streets that isolate individual
neighborhoods.
8.3.K: Create opportunities for walking and biking between neighborhoods through micro paths
and local roadway connections. Provide pedestrian and bicycle routes to all schools. Develop and
maintain a saferoutes-to-schoo1 program.
TRANSPORATION SYSTEM IMPLEMENTATION STRATEGIES
8.4.B. Require that safety systems be integrated into all school sites and recreation areas, including
suchitems as signalization, sidewalks, pathways, and alternate traffic patterns for secondary access.
ROADWAY STRATEGIES
8.4.1.A:Work in conjunction with ACHD, ITD, and COMPASS to classify roadways on the City
of Eagle Conceptual Future Roadway Network maps (Maps 8.6 and 8.7), incorporated into this
Comprehensive Plan by reference. The maps should be provided to COMPASS for input into the
planning level Functional Street Classification Map and provided to ACHD for consideration in
the next update of the ACHD Master Street Map. Any of the new roadway connections in the
Conceptual Future Roadway Network maps that are to be built as collectors should be reviewed
with ACHD to determine the appropriate ACHD Master Street Map typology based on the
surrounding land use.
8.4.1.E: Encourage roadway design standards and roadway classifications that are consistent with
11 D, ACHD, COMPASS, and other agencies that may be responsible for roadway planning and
design.
8.4.1.P: Local and collector streets through residential neighborhoods are recommended to provide
connectivity while being designed to preserve the character of the surrounding neighborhoods
through appropriate design techniques, including street width, traffic calming, and traffic control.
The goal of the local street system is to provide for local circulation within Eagle and not for
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regional traffic. Cul-de-sac streets and private streets should be discouraged. In order to provide
this connectivity, new developments should be required to stub access to adjacent undeveloped or
underdeveloped parcels consistent with ACHD road spacing standards. All new developments
should be reviewed for appropriate opportunities to connect to local roads and collectors in
adjacent developments.
8.4.1.Q: Work with ACHD, local developers, and neighborhoods in the operation of a local traffic -
calming policy that balances the needs of the roadway, the drivers, pedestrians, bicyclists, and the
traveling public and considers effects on adjacent streets.
LAND USE AND PARKING STRATEGIES
8.4.4.E:When reviewing comprehensive plan amendments, zone changes, master plans,
conditional uses and other significant entitlement requests, work with ACHD to evaluate the
impact of the project on street levels of service. The City's preferred standards should be those
identified for new streets in ACHD's Policy Manual, or its successor. Service level impacts should
be minimized through project modifications, traffic management plans, street improvement plans
or other means.
CHAPTER 9: PARKS, RECREATION & OPEN SPACE
ACTIVE: RECREATION OBJECTIVES
9.3.2.G: Seek innovative funding sources for planning/design/construction of active recreation,
parks, pathways, and trails.
ACTIVE: RECREATION IMPLEMENTATION
9.3.3.E: Seek innovative funding sources for acquisition, planning, design, construction, and
maintenance of parks.
9.3.3.L: Aggressively explore public/private or intergovernmental agreements to assist in park
acquisition, development, and recreational opportunities.
OPEN SPACE IMPLEMEN'I'ATION
9.4.3.E: Preserve existing trees and establish appropriate landscaping as a part of new
developments.
CHAPTER 10: COMMUNITY
COMMUNITY DESIGN GOALS
10.2.A: Protecting the city's character: strive to create an aesthetically pleasing community and
protect the unique natural beauty and small-town character of the city.
10.2.C: Maintain a functioning City at Build out: Establishing a land use mixture to ensure that the
City can continue to fund improve and support itself, including its infrastructure and parks and
build -out when building permit fees, impact fees, and zoning fees are no longer available.
COMMUNITY DESIGN IMPLIMENTATION STRATIGIES
10.4.A: Establish and maintain development patterns and design criteria in keeping with the small
town and rural transitional identity of Eagle.
10.4.U: Protect and enhance the small-town character of the City by ensuring building scaling is
appropriate to the site and by requiring signage which is creative and distinctive, compatible with
its surroundings, and an integral component of the style and character of the building to which it
relates.
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GLOSSARY:
Density: Density is a reference to the number of dwelling units per acre within a project.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
DENS1'i'Y: A unit of measurement; the number of dwelling units per acre of land.
Gross Density: The number of dwelling units per acre of total land to be developed, including
public right of way, private streets, and common area open space; excluding floodway.
• Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions:
R RESIDENTIAL DIS'i'RICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre.
Multi -family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5
zoning districts, unless approved as part of a planned unit development (PUD). Centralized
water and sewer facilities are required for all subdivision and lot split applications submitted
after the effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R-
E). Whenever there is a conflict or difference between the provisions of this section and those
of other chapters and/or other titles, the chapter or title with the more restrictive provision shall
prevail.
P PLANNED UNIT DEVELOPMENI: This designation, following any zoning designation
noted on the official zoning map of the city (i.e., R -4-P), indicates that the development was
approved by the city as a planned unit development. Density transfers may have been
permitted as a part of the overall development.
DA DEVELOPMENT AGREEMEN 1: This designation, following any zoning designation
noted on the official zoning map of the city (i.e., C -2 -DA), indicates that the zoning was
approved by the city with a development agreement. Specific provisions, as may have been
incorporated within the development agreement, are applicable to development within this
zoning designation.
• Eagle City Code Section 8-7-5: Amendments:
D. General Procedure For Amendments: Zoning districts shall be amended in the following
manner:
1. Request for an amendment to this title shall be submitted by the commission which
shall evaluate the request to determine the extent and nature of the amendment
requested.
2. Request shall be reviewed by the commission and shall be evaluated to determine if
such action shall create a demand for public infrastructure that is not currently
available for the site including, but not limited to, municipal sewer and water services.
3. If the request is in accordance with the adopted comprehensive plan, the commission
may recommend and the council may adopt or reject the amendment under the notice
and hearing procedures as herein provided.
4. If the request is not in accordance with the adopted comprehensive plan, the request
shall be submitted to the planning or planning and zoning commission, or in its
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absence, the council, which shall recommend, and the council may adopt or reject an
amendment to the comprehensive plan, under the notice and hearing procedures
provided in section 67-6509, Idaho Code. After the comprehensive plan has been
amended, this title may then be amended as hereinafter provided for.
C. DISCUSSION (based on the preliminary plat/preliminary site development plan, date stamped by
the City on July 24, 2019)
• The comprehensive plan land use .designation for the property associated with the Whitehurst
development is Neighborhood Residential. The property is located within the Park Lane
Planning Area. The site-specific policies for the Park Lane Planning Area state:
Policy 6.5.1(D.) of the comprehensive plan states, " The Land use for the properties north of
Flint Drive and extending north to Floating Feather Road, east of Eagle High School, is
Neighborhood Residential with a Residential Transition Overlay. Development in this area
should be designed to ensure compatible residential lot sizing (1 -acre lots) adjacent to the
Colony Subdivision and transition to a density of up to 3 units per acre near the high school.
The overall density of the area should not exceed 2 units per acre."
Chapter 6: Land Use: Section 6.3 Future Land Use (states in part):
o "The City reserves the right to limit density based on compatibility with existing and
adjacent uses including, but not limited to, the transition of lot sizes, compatibility of uses,
the overall design of a project..."
o "Please see the specific subareas for information on nodes and activity centers. The
subarea may further limit density or establish design/development criteria that are required
as part of the development process"
The proposed Whitehurst development has a gross density of 2.56 units per acre or .56 units
per acre (17 units) higher than the 2.00 units per acre (maximum) identified in Policy 6.5.1
(D) of the comprehensive plan.
• The Applicant's request for 2.56 units per acre is predicated on their interpretation of the
language in Policy 6.5.1(D.) "overall density of the area" meaning that the density of this
project can capture and use unused density from other parcels within the planning area to
increase the overall density of their project. In this situation, the applicant is requesting that a
portion of the density from the undeveloped property from the City's West Park (.56
units/acres) be transferred to this project. This would result in the development density
increasing from 2.0 units/acre to 2.56 units/acre (an additional 17 units on the 30 -acre site).
The applicant's interpretation of density being for `overall area" is inconsistent with the
definition of density in the comprehensive plan. Density is defined in the comprehensive plan
glossary as a reference to the number of dwelling units per acre within a project. Historically,
the City has not allowed for the transfer of development density between unrelated parcels
under separate ownership. While density may be shifted within a planned unit development
(PUD) under a single ownership, the City does not permit density transfers to adjacent
properties under separate ownership.
• Staff recommends the City continue to calculate density as it pertains to the comprehensive
plan in the same manner as it has historically done. Density is parcel or project specific and
cannot be transferred or increased due to the underdevelopment of an adjacent parcel. If the
City Council upholds the City's historic calculation of density, the applicant's request to
amend the language in Policy 6.5.1 (D.) should be denied, and the Whitehurst development
should be limited to 60 units (maximum).
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• As stated previously, the language of comprehensive plan Policy 6.5.1 (D.) is to decrease
density from 1 unit per acre (along The Colony Subdivision) to 3 units per acre (adjacent to
Eagle High School); a transitional increase in density from the eastern property boundary to
the western property boundary. The Whitehurst development as proposed, provides the
appropriate transition adjacent to The Colony Subdivision, however, the remaining lots do not
provide a "transition" east to west. The Whitehurst Subdivision preliminary site development
plan/preliminary plat shows the highest density, smallest lots (5,200 square feet) located along
the western property line adjacent to Eagle High School and the northern property line
adjacent to the City's West Park site. In order to meet the intent of the comprehensive plan
policies, the Whitehurst development should be redesigned to provide increasing density from
east to west versus from north to south.
• Section 11.3.1(E.): Amendment Process section of the comprehensive plan requires the
applicant provide an "explanation of why no other solutions to the condition or situation exists
which warrants a change in the Plan are possible or reasonable under the current policies of
the Plan". Further, Section 11.3.1(C.): Amendment Process section of the comprehensive plan
requires the applicant provide the "description of the condition or situation which warrants a
change". The applicants justification letter states:
"It is our opinion that the proposed Whitehurst sub does not need a change in the Plan and is
a reasonable development based upon the current guidance of the Plan. We believe we are
being forced to propose a change in the text that is not needed. Regardless, it is not
reasonable to expect the property to develop with 2 DUA strictly enforced on the 30 acres due
to infrastructure extension costs. So the property may sit vacant for a longer period, which is
not in the best interest of the City regarding the development of the City Park."
The limitations to density on the Whitehurst development as stated in Policy 6.5.1(D.) has
been consistent since 2004:
2004 Soaring 2020 Plan: "The land use for the properties north of Flint Estates and
extending to Floating Feather Road is Transitional Residential to ensure compatible
residential lot sizing adjacent to The Colony Subdivision. Extending from east to west,
ensuring compatibility with the 1 acre lots in The Colony Subdivision, densities in this
area will increase to maximum of 3 units per acre near Eagle High School."
2007, 2008, 2011, 2015 Eagle Comprehensive Plans: "The land uses for the properties
north of Flint Estates and extending to Floating Feather Road is Transitional Residential to
ensure compatible residential lot sizing adjacent to The Colony Subdivision. Extending
east to west, ensuring compatibility with the 1 acre lots in The Colony Subdivision,
densities in the area will increase to a maximum of 3 units per acre near the high school.
• Section 11.3.1(D.): Amendment Process section of the comprehensive plan requires the
applicant to "state the public benefit" of the amendment. The applicant's justification letter
states:
This change will benefit the public due to the need to offset "off-site" infrastructure costs for
sewer and water not only needed for this development but needed for the City Park. Sewer
located at Flint and Fisher Parkway is not adequate to serve the area, so it has to be extended
an extra 1000 +/- feet from the west on Flint. Water may be extended form Flint also. With
the 77 homes approved an equitable public/private partnership for utility extensions can be
achieved benefitting the City overall with municipal services provided to the City Park at a far
lower expense versus the City paying for all the improvements needed. The collector road
will also be constructed through the development connecting the City Park all the way to Flint
allowing a connection to and from the signalized intersection at Fisher Parkway and
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Highway 44.
While the extension of the collector road from Flint Drive to the City's West Park site will
benefit the public by completing the roadway network, the collector (N. Fisher Parkway) is on
ACHD's Master Street Map and would be required to be constructed to the northern property
line with development of the property. The City's park does not require connectivity to the
Whitehurst development since the park property has access from Floating Feather Road.
Additionally, although the extension of sewer and water through the Whitehurst development
would benefit the development of the City's West Park site by reducing the distance and
potential cost of sewer and water extensions from Flint Drive to the City's park site, it should
be noted that any development of the property will require the construction of central sewer
and water infrastructure to the northern property line as conditions of approval.
It is stated by the applicant that the increase in development density from 2 units per acre to
2.56 units per acre for the Whitehurst development would be to the "public benefit' because
the development will construct sewer, water, and the roadway extension prior to the
development of the City's West Park site. The development agreement proposed by the
applicant does not provide the City assurances that service will be extended in a timeline
consistent with the park's development plan. The development agreement provided by the
applicant does not address the provision of easements nor a late comers agreement to
reimburse the City for the Whitehurst development's proportionate share of the costs
associated with the City advancing service ahead of the construction of the Whitehurst
development. Since the development agreement does not address the timing of completion of
the improvements being extended to the City's West Park site, the claim of providing a
"public benefit" it not attained since the City may have to extend the services in a more timely
manner.
• The applicant's representative asserts that they are asking to be treated in manner consistent
with the Creek Water Subdivision located to the north and west of the City's West Park site.
Creek Water Subdivision was approved with an overall density of 2.36 units per acre. Creek
Water, unlike the Whitehurst development application, was a single parcel adjacent to Eagle
High School with an intervening parcel to the west adjacent to The Colony Subdivision. Creek
Water is located over 600 -feet west of The Colony Subdivision. As previously identified,
Policy 6.5.1(D.) states (in part): "...ensure compatible residential lot sizing (1 -acre) adjacent
to the Colony Subdivision and transition to a density of up to 3 units per acre near the high
school. The overall density of the area should not exceed 2 units per acre." The
comprehensive plan policy was appropriately applied giving Creek Water a slightly higher
density adjacent to the west property line located in proximity to the high school with the
understanding that the intervening parcels (West Park), if developed would provide the
transition to half acre and then to 1 acre lots located adjacent to The Colony Subdivision in
order to meet the overall intent of comprehensive plan policy.
While Creek Water Subdivision is located adjacent to the high school at the southwest
property line, Creek Water Subdivision did not maximize the density as stated in the plan "up
to 3 units per acre" and was limited to an overall density of 2.36 units per acre. The
comprehensive plan policy language within Chapter 6: Land Use: Section 6.3 Future Land
Use states in part, "The City reserves the right to limit density based on compatibility with
existing and adjacent uses including, but not limited to, the transition of lot sizes, compatibility
of uses, the overall design of a project..."
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
September 16, 2019, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by
no one (not including the applicant/representative).
C. Oral testimony in opposition to the applications was presented to the Planning and Zoning
Commission by ten (10) individuals who indicated the following:
• The proposed density is too high for the area.
• The additional traffic from the development will adversely impact the intersection of Fisher Park
Way and State Highway 44.
• The quality of life in the immediate area will be diminished due to development of the property.
• The growth within the valley has had an adverse impact on transportation and schools within the
area.
• The applicant should be required to conform with the two units per/acre density as identified
within the comprehensive plan.
• The development will cause additional traffic impacts within The Colony Subdivision.
• The roundabout located on Fisher Park Way is not designed to accommodate large recreational
vehicles.
• A planned unit development application should not be used for waivers of Eagle City Code.
• The Commission should adhere to the most restrictive interpretation of the comprehensive plan.
• When school starts itis difficult to get through the roundabout.
• Additional development within the area will increase traffic and impact access to adjacent
property.
• The lots located adjacent to The Colony Subdivision should be a minimum of one -acre in size.
• Fisher Park Way is poorly designed and currently does not efficiently handle the traffic utilizing
the street.
• The proposed lots located adjacent to the west and north property lines are too small in size.
• Flint Drive and Fisher Park Way are not designed for additional traffic.
• Future residential development within the area will not support the required infrastructure in
perpetuity.
D. Oral testimony neither in opposition to nor in favor of the applications was presented to the Planning
and Zoning Commission by two (2) individuals who indicated the following:
• The applicant has been very transparent while working with the adjacent property owners.
• Traffic is a concern especially turning east on onto State Highway 44 from Cove Colony Way.
• A concern with the location of the proposed pressurized irrigation pumphouse in proximity to the
southeast corner of the property.
• The applicant has not considered the option of developing the property at a maximum of two
dwellings units/acre.
• Will there be a public pathway located within the project?
• If the city park is not developed, what will be the resulting density of the area?
COMMISSION DELIBERATION: (Granicus time 01:40:00 )
Upon closing the public hearing, the Commission discussed during deliberation that:
• They would like to see a pathway connection on Nephi Lane to provide access to the high school.
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• The applicant should reduce the number of lots located adjacent to the north and west property lines by
half.
• There will be additional traffic coming from The Colony Subdivision to access the traffic signal
located at Fisher Park Way and State Highway 44.
• They have a concern with the additional traffic within the area.
• They have a concern with the request to increase the density within the area and would like to see
larger lots within the development to provide a transition to the adjacent properties.
• There should not be more than 60 -lots within the development based on a maximum of 2.00 -dwelling
units/acre.
• The applicant should be required to provide a new preliminary plat/preliminary development plan to
show a better transition of lot sizing adjacent to the southern property line, a reduction of density to
conform to the comprehensive plan, and move the common area located at the southeast corner of the
property to be more centrally located within the development.
COMMISSION DECISION REGARDING THE COMPREHENSIVE; PLAN TEXT
AMENDMENT:
The Commission voted 5 to 0 to recommend denial of CPA -01-19 for Mustang 35, LLC, for a
comprehensive plan text amendment to Section 6.5: Park Lane Planning Area to allow the overall density
of the area to be increased from 2 units per acre to 3 units per acre. The applicant failed to appropriately
establish need under the requirements of the Eagle Comprehensive Plan Section 11.3.1 C, D, and E.
COMMISSION DECISION REGARDING THE ANNEXATION, REZONE, CONDITIONAL USE
PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend denial of A-02-1 9/RZ-05-19 & CU-04-19JPPUD-03-1 9fPP-
05-19
for an annexation, rezone, conditional use permit, preliminary development plan, and preliminary
plat for Whitehurst Subdivision for Mustang 35, LLC.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed comprehensive plan
text amendment (CPA -O1-19) and based upon the information provided concludes the proposed
comprehensive plan text amendment is not appropriate since the area is limited to a density of 2 -
dwelling units per acre and there will be no public benefit resulting from amending the plan.
2. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-02-19JRZ-05-19) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone upon annexation is not in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The requested zoning designations of R -1 -DA -P (Residential -up to one units per acre — PUD) and
R -4 -DA -P (Residential with a development agreement — PUD) zoning districts are not consistent
with the Neighborhood Residential with a Transition Overlay designation as shown on the
Comprehensive Plan Land Use Map since the proposed density of 2.56 -dwelling units per acre
exceeds the 2.00 -dwelling unit per acre maximum identified within the Park Lane Planning Sub -
Area of the comprehensive plan.
2. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit, preliminary development plan, and preliminary plat (CU-04-19IPPUD-03-19JPP-05-19) and
based upon the information provided concludes that the proposed development is in accordance with
the City of Eagle Comprehensive Plan and established goals and objectives because:
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b. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
The proposed development is not designed to be harmonious with the existing and intended
character of the general vicinity since it is not designed to provide a proper transition of lot sizing
from east to west as identified in the comprehensive plan; and
J•
That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The Eagle Comprehensive Plan designates the property as Neighborhood Residential with a
Transition Overlay. The design of the subdivision does not provide a transition of lot sizing from
east to west. As proposed, the subdivision has a density of 2.56 -dwelling units per acre. The
comprehensive plan limits the density in this area to 2.00-dwellling units per acre maximum.
DATED this 7th day of October, 2019.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, ' hair
ATTEST:
Sharon K. Bergmann, Eagle Cit , Clerk
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