PZ - Staff Report 3-18STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 3/18/2021
DATE:
TO: Planning & Zoning Commission
FROM: Alan Tiefenbach, Associate Planner
208-884-5533
SUBJECT: H-2020-0127
Skybreak Subdivision
LOCATION: 7020 S. Eagle Rd. & 3487 E. Adler Hof
Ln., in the south '/2 of the NW '/4 of
Section 4, T.2N., R.IE. (Parcels #
S1404244250 & S1404233650)
I. PROJECT DESCRIPTION
E IDIANn-=-
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The Applicant has submitted the following applications:
• Annexation of 80.46 acres of land with an R-8 and R-15 zoning district;
• Preliminary plat consisting of 328 building lots, 40 common lots and 14 other lots (i.e. 12 common
driveway lots, one (1) private street lot and one (1) lot for the existing home).
• Private streets in the gated portion of the development serving 112 residential units with two (2) gates; and,
• Alternative Compliance to UDC 11 -3F -4A.6, which prohibits common driveways off private streets, to
allow such in three (3) locations within the gated area of the subdivision and UDC 11-3F-4A.b which
limits all proposed gated developments to 50 units.
The applicant submitted a previous proposal in June of 2020 (H-2020-0079). This proposal consisted of 353
building lots, all of it single family detached. This proposal was scheduled for the October 15, 2020
Planning Commission meeting. Following staffs report to the Commission recommending denial, the
applicant withdrew the application, and resubmitted the present one in January of 2021. This proposal is
virtually the same except for 24 less lots, slightly enlarged open space in several areas, and 30 single family
attached units in the northwest corner of the project.
Page 1
II. SUMMARY OF REPORT
A. Project Summary
Description
Acreage
Existing/Proposed Zoning
Future Land Use Designation
Existing Land Use(s)
Proposed Land Use(s)
Lots (# and type;
bldg./common)
Phasing Plan (# of phases)
Number of Residential Units
(type of units)
Density
Open Space (acres, total
[%]/buffer/qualified)
Amenities
Physical Features
(waterways, hazards, flood
plain, hillside)
Neighborhood meeting date;
# of attendees:
History (previous approvals)
Details
80.46
RUT in Ada County (existing), R-8 and R-15 proposed
Low Density Residential (LDR) & Medium Density Residential (MDR)
Single-family residential/agricultural
Single-family residential (SFR)
328 SFR buildable lots/40 common lots/14 other lots (i.e. 12 common driveway
lots, 1 private street lot & 1 lot for the existing home)
9 phases
30 attached SFR homes
298 detached SFR homes (one is existing)
4.1 units/acre (gross)
14.99 acres (or 18.8%) qualified open space
(2) dog parks; 3/a acre park with play structure, climbing rocks, a shade structure
and benches; entry park, 1 -acre sports park, passive open spaces and pathways
The Farr Lateral crosses the southwest corner of this site; hillside/topography
within southern rim area.
5/27/20; 14 attendees, December 16, 2020; 9 attendees
Property boundary adjustment (Record of Survey #12358, Eisenman 2020),
previous proposal similar to this one was withdrawn just prior to Planning
Commission due to staff recommendation of denial. (H-2020-0079)
Page
B. Community Metrics
Description Details Page
Ada County Highway
District
• Staff report (yes/no) Yes
• Requires ACHD No
Commission Action
(yes/no)
Traffic Impact Study (yes/no) Yes
Access
(Arterial/Collectors/State
Hwy/Local)(Existing and
Proposed)
Traffic Level of Service
Stub
Street/Interconnectivity/Cross
Access
One (1) public street access (Street A) is proposed via S. Eagle Rd., an arterial
street. Eagle Rd. is currently improved with 2 travel lanes and no curb, gutter or
sidewalk.
Eagle Rd. — Better than "E" (acceptable level of service)
Stub streets are proposed to adjacent properties for future extension and
interconnectivity as depicted on the plat. Southern stub streets only have
emergency access. The area in the NEC of the proposed development (Phase 8)
Page 2
Description I Details I Page
a
Existing Road Network
Existing Arterial Sidewalks /
Buffers
Proposed Road
Improvements
cannot develop until Pura Vida extends a public street; Phase 9 of the
development currently does not have the right to access the private lane and
cannot develop until a public street is extended to the proposed development
There is an existing private street (E. Adler Hof Ln.) that provides access from S.
Eagle Rd. to the existing homes on this site. This roadway should terminate with
development of the site as proposed.
None
Capital Improvements Plan (CIP)l Integrated Five Year Work Plan (IFYWP):
• Lake Hazel Road is scheduled in the IFYWP to be widened to 5 -lanes from Eagle Road to
Cloverdale Road in 2024.
• Eagle Road is scheduled in the IFYWP to be widened to 5 -lanes from Lake Hazel Road to
Amity Road in 2023.
• The intersection of Lake Hazel Road and Eagle Road is scheduled in the IFYWP to be
widened to 6 -lanes on the north leg, 5 -lanes on the south, 7 -lanes east, and 6 -lanes on the
west leg, and reconstructed/signalized in 2023.
• Lake Hazel Road is listed in the 2016 C I P to be widened to 5 -lanes from Locust Grove Road
to Eagle Road between 2026 and 2030.
• The intersection of Lake Hazel Road and Locust Grove Road is listed in the 2016 CIP to be
widened to 3 -lanes on the north leg, 2 -lanes on the south, 2 -lanes east, and 3 -lanes on the
west leg, and signalized between 2026 and 2030.
Fire Service
• Distance to Fire Station
2.9 miles (Fire Station #4)
Fire has expressed concerns with only one point of access from S. Eagle Rd. Fire
would prefer a second access to the north to E. Lake Hazel Rd.
Fire has also expressed concerns with the private gates causing additional delays.
• Fire Response Time
Most (3/4+l-) of this development falls outside of the 5 minute response time goal
from Fire Station #4.
• Resource Reliability
Current reliability is 77% from Station #4 does not meet targeted goal of 80% or
greater
• Risk Identification
2 — current resources would not be adequate to supply service.
A wildfire safety plan is required.
• Accessibility
Project meets all required access, road widths and turnaround.
• Special/resource needs
Project will not require an aerial device; can meet this need in the required
timeframe if a truck company is required (fire station is 5.9 miles away).
• Water Supply
Requires 1,000 gallons per minute for one hour, may be less if buildings are fully
sprinklered.
• Other
In the event of a hazmat event, there will need to be mutual aid required for the
development. In the event of a structure fire, an additional truck company will be
required — this will require additional time delays as a second truck company is
not available in the City.
Police Service
• Distance to Police
Station
• Police Response Time
• Calls for Service
• % of calls for service
split by priority
• Accessibility
5.5 miles
There is no call data in this area because the proposed development is at the edge
of City limits.
7 (within a mile of site — between 2/1/19 and 1/31/20)
See Section IX.D
No concerns
Page 3
Description
Details
Page
• Specialty/resource needs
None at this time
• Crimes
1 (within a mile of site — between 2/1/19 and 1/31/20)
• Crashes
9 (within a mile of site —between 2/1/19 and 1/31/20)
• Other
Although located near the edge of City limits, service can be provided if this
development is approved.
West Ada School District
• Distance (elem, ms, hs)
Enrollment Capar Miles
Dew. m school
• Capacity of Schools
**Silver Sage Elementary" 230 425 5.1 miles
Lake Hazel Middle School 928 1000 2.4 miles
• # of Students Enrolled
Mountain View High School 2302 2175 4.8 miles
**Enrollment at Hillsdale Elementary is currently capped. Students in this development will be attending Silver Sag
mmill
Elementary until a new school is built to eliminate overcrowding at Hillsdale Elementary.
• Predicted # of students
247 +/-
generated from
proposed development
Wastewater
• Distance to Sewer
Sewer will be available with the development of Keep Subdivision on the West side of
Services
Eagle Road.
• Sewer Shed
South Black Cat Trunk Shed
• Estimated Project Sewer
See Application
ERU's
• WRRF Declining
14.08
Balance
• Project Consistent with
Yes
WW Master
Plan/Facility Plan
• Impacts/Concerns
Water and sewer mains should not be in common driveways.
Concerns have been expressed regarding the width of the private streets and that the
required 30' easements may overlap onto private properties, rendering these areas
unbuildable.
The City is applying the following requirements for Common Driveways.
• Three or less lots — services from main in adjacent road
• Four or more lots — Sewer in common drive. Sewer will be private and will be
the responsibility of the HOA to maintain. Manhole needed in the common
drive at the property boundary with "Private" on the lid.
Water
• Distance to Water Directly adjacent
Services
• Pressure Zone 5
• Estimated Project Water See application
ERU's
Page 4
• Water Quality I No concerns
• Project Consistent with Yes
Water Master Plan
• Impacts/Concerns • Common drives that have both water and sewer mains will require a 30' easement
• As currently designed, most phases do not meet minimum fire flow pressure. There
are multiple options to meet fire flow including upsizing some water mains to 12" and a
secondary connections.
• Coordinate with PW Engineering on main sizes, connection at the SW corner and
connection at the NE corner.
C. Project Area Maps
Future Land Use Map
Legend
��Project Lflcfliior ® �
Ic
sidenfial .in--Ww D
Aerial Map
Page 5
Zoning Map
III. APPLICANT INFORMATION
Planned Development Map
let
IetPrnjeci Lacaiion
'-11 City Limitr
— Planned Parcels
A. Applicant:
Conger Group — 4824 W. Fairview Ave., Boise, ID 83706
B. Owner:
Peter and Dana Eisenman — 3487 E. Adler Hof Ln., Meridian, ID 83642
C. Representative:
Laren Bailey, Conger Group — 4824 W. Fairview Ave., Boise, ID 83706
IV. NOTICING
Notification published in
newspaper
Notification mailed to property
owners within 300 feet
Applicant posted public hearing
notice on site
Planning & Zoning
Posting Date
2/26/2021
2/23/2021
3/5/2021
Nextdoor posting 2/25/2021
Page 6
City Council
Posting Date
0
V. STAFF ANALYSIS
A. Future Land Use Map Designation
The Future Land Use Map (FLUM) contained in the Comprehensive Plan designates the 6 +/- acres at the
southwest corner of the site, south of the Farr Lateral, as Low Density Residential (LDR) and the remaining
74+/- acres as Medium Density Residential (MDR). A City Park is designated in the general area at the
southwest corner of the site.
Per the Comprehensive Plan, the LDR designation allows for the development of single-family homes on large
and estate lots at gross densities of 3 dwelling units or less per acre. These areas often transition between
existing rural residential and urban properties. Developments need to respect agricultural heritage and
resources, recognize view sheds and open spaces, and maintain or improve the overall atmosphere of the area.
The use of open spaces, parks, trails and other appropriate means should enhance the character of the area.
Density bonuses may be considered with the provision of additional public amenities such as a park, school, or
land dedicated for public services.
The MDR designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. Density
bonuses may be considered with the provision of additional public amenities such as a park, school, or land
dedicated for public services.
The Applicant proposes to develop this site with 328 single-family residential homes at an overall gross
density of 4.1 dwelling units per acre (An additional lot will contain the existing house). A total of 23 units are
proposed within the 6+/- acre LDR designated area for a gross density of 3.8 units per acre in that area, which
exceeds the density desired of 3 or fewer units per acre. Smaller lots, instead of the large or estate lots as
desired in LDR designated areas, are proposed along with open space areas along the southern boundary and
along the northern boundary adjacent to the Farr Lateral. There are several larger one-half acre lots proposed at
the southeast directly abutting the adjacent residences in Vantage Point Subdivision. However, the rectangular
lots are oriented as such that the abutting lot lines are half or less than the width of the neighboring residential
lots, so there are several lots abutting one neighboring lot. The applicant proposes to limit the height of the
houses in this area to one story to help protect view sheds.
The units proposed in the MDR designated area meet a gross density of 4.1 units per acre in that area, which is
consistent with that desired in MDR designated areas of 3 to 8 units per acre. A City park is not proposed, but
the Park's Department has determined a City park is not needed in this area.
B. Comprehensive Plan Analysis (COMPREHENSIVE PLAN)
The following Comprehensive Plan Policies are applicable to this development:
• "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of
Meridian's present and future residents." (2.01.02D)
The applicant isproposing 328 lots, with 30 of the lots containing single family attached at the northwest
portion of the site. The remainder of the 299 lots are intended for single family detached units.
The applicant's narrative references housing types such as large rim lot houses, two story golf course
houses, large lot homes, 255 single story homes and the attached single-family product. The single
family attached product does contribute to the variety of housing types in the overall area. However, the
remaining single family detached houses contribute to a diversity of housings les but notparticularly
the variety of housing Upes intended by the Comprehensive Plan for all needs, preferences and financial
capabilities.
Page 7
• "Permit new development only where it can be adequately served by critical public facilities and urban
services at the time of final approval, and in accord with any adopted levels of service for public
facilities and services." (3.03.03F)
City water and sewer services are available and can be extended by the developer with development in
accord with UDC 11-3A-21.
Currently, this development can be served by the Fire Department. However, most of the development
is outside of response time goals, does not meet resource reliability goals, and has risk factors
including a steep hill with a potential for wildfire if the hillside isn't maintained (see the Fire
Department's comment in Section VII below). Additionally, with the main access and secondary
access both from Eagle Rd., if access is blocked from the north via Eagle Rd. it may delay emergency
services by having to travel 3.5+/- miles around the square mile to access the site, potentially creating
a life safety issue. If the applicant is able to secure legal secondary access to the north this would
alleviate concerns but this would be contingent upon whether those properties develop, and staff might
recommend only some number of lots being developed until that occurs. The Southern Meridian Fire
Station adjacent to Discovery Park is anticipated for construction in 2023; if this occurs, there will be
significantly improved fire service to the subject property. The annexation is currently in process and
scheduled for a public hearing.
• "Require all new development to create a site design compatible with surrounding uses through
buffering, screening, transitional densities, and other best site design practices." (3.07.01A)
The subject property abuts Pura Vida Ridge Ranch to the northeast, the Boise Ranch Golf Course to
the east, and Vantage Pointe Subdivision to the south.
This development proposes R-8 zoning and lot sizes of approximately 5, 000 sq. ft. to 6, 000 sq. ft.
adjacent to Pura Vida Ridge Ranch, whereas Pura Vida Ranch includes lot sizes of comparable sizes
and the same R-8 zoning. To the southwest (Phase 9), the development proposes lot sizes of
approximately 6,000 — 6,500 sq. ft. whereas the adjacent Vantage Pointe Subdivision is comprised of
lots one -acre in size and greater (although there are four lots proposed with this development directly
abutting the south area and are % acre to 3/ acre in size).
The development does include private roads and common open space as a buffer of between 80 feet
and 120 feet between the smaller lots of the subject property and the one acre lots to the south in
Vantage Point. The development also proposes one story homes in this area. An abutting neighbor has
submitted written testimony stating the buffer as proposed and the lot sizes are not appropriate
transitions in this area. It is staff's opinion the lots should be at least one -acre in this area and have
property line lengths that better orient to adjacent off-site properties. The Planning Commission and
City Council should assess whether there is an appropriate transition in this area.
"Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed single-family attached homes at the northwest are generally compatible as they directly
abut S. Eagle Road and there are no adjacent homes directly to the north. The single family detached
homes are generally compatible with existing rural residential homes as they are all residential in
nature. However, with the exception of the larger lots and open space on the south boundary, the
proposed plat depicts smaller lots (i.e. 4,448-4,950 sf.) than those of the lots in the abutting Vantage
Pointe Subdivision. The Commission and Council should determine if the applicant has provided an
adequate transition.
Page 8
• "With new subdivision plats, require the design and construction of pathway connections, easy
pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open
space with quality amenities." (2.02.01A)
The Pathways Plan depicts a segment of the City's multi -use pathway system along the eastern
boundary of the site; a 10 foot wide multi -use pathway is proposed in accord with the Plan on the
northern portion of the development but transitions to a 5 -foot wide pathway to the south and does not
stub to the south for future extension as shown on the Plan. However, the Park's Dept. has indicated
they are supportive of the proposed design. This pathway will eventually provide a connection to
Discovery Park to the west and Hillside Elementary and the YMCA to the north. There is also a 10'
multi -use pathway proposed adjacent to the Farr Lateral, as is shown on the pathways plan. These
pathways will be valuable amenities to the project. A golf cart pathway is shown as Lot 41 on Block 5,
which terminates at the Boise Ranch Golf Course.
Proposed site amenities consist of children's play equipment/structures, a picnic shelter, pathways, two
dog parks and additional open space of at least 20, 000 square feet above the minimum UDC
requirements, which are located along the northern and southern boundaries of the site and are not
centrally located. Although much of the open space meets the minimum dimensional requirements of the
UDC (i.e. at least 20' in width and 50' in length with an access on each end) a significant portion of
what is proposed as qualified open space consists of street buffers and end caps with parkways. Also, it
is important to note that the applicant's narrative contains a pedestrian connectivity exhibit which
shows narrow private roads with no sidewalks and common drives as `pedestrian connections " which
staff believes is somewhat misleading. However, the private street standards do not require them.
Additionally, staff believes the entire development should contain public streets which would require
the 5 -foot sidewalks per City code. The Commission and Council should determine if the pedestrian
circulation plan is adequate for the proposed development with the inclusion of the private system.
• "Evaluate open space and amenity requirement and criteria for consistency with community needs and
values." (2.02.01B)
Because the average lot size proposed in the development is only 6,280 square feet, Staff is of the
opinion the end caps could be re-oriented/consolidated with other larger common lots to increase the
usable open space within the development. This was discussed during the pre -application meetings with
the applicant and they are of the opinion the open space as proposed exceeds UDC standards and is
designed to meet the needs of the development.
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of Meridian
Water and Sewer System Master Plans in effect at the time of development." (3.03.03A)
The proposed development will connect to City water and sewer systems; services are required to be
provided to and through with this development.
• "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels
within the City over parcels on the fringe." (2.02.02)
The subject property abuts portions of the city limits at the northwest and northeast corner, but the
majority of the property perimeter is surrounded by unincorporated Ada County. The proposed project
is located near the fringe of the City and does not meet the definition of an infill development.
• "Encourage the incorporation of creek corridors as amenities in development design." (4.05.02C)
The Ten Mile Creek crosses the northeast corner of the site; a common area is proposed for the creek
area and a multi -use pathway is proposed along the creek in accord with the Pathways Master Plan.
Page 9
• "Require urban infrastructure be provided for all new developments, including curb and gutter,
sidewalks, water and sewer utilities." (3.03.03G)
City sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with
the public road portion of this development. The cross sections provided for the private road portion
do not depict sidewalks. The applicant contends that the private streets provide an intimate setting for
the residents and narrower streets decrease traffic speeds which do not warrant the additional
improvements. It is important to note that the director has not approved the private street application,
thus the plat should be redesigned to incorporate public streets for the entire development.
• "Slow the outward progression of the City's limits by discouraging fringe area development; encourage
development of vacant or underutilized parcels currently within City limits." (4.05.03B)
The proposed project is in the City's `fringe" area; therefore, development in this area is not
encouraged as are vacant/underutilized parcels currently within City limits. However, the City has
recently approved several developments (Pura Vida and Poiema) north of the proposed development
making this property more desirable to develop.
• "Evaluate comprehensive impacts of growth and consider City Master Plans and Strategic Plans in all
land use decisions (e.g., traffic impacts, school enrollment, and parks)." (3.01.01A)
Eagle Rd. is currently a 2 -lane roadway with no curb, gutter or sidewalks; no improvements are
planned in the CIP/IFYWP to the segment of Eagle Rd. abutting this site. The Lake Hazel/Eagle Road
intersection north of the site is planned to be reconstructed and signalized in 2023. The ACHD report
states that the TIS estimates this development to generate an additional 3,343 trips per day resulting in
an acceptable level ofservice (i.e. better than "E').
WASD estimates this development will house approximately 247 school aged children — enrollment at
Hillsdale Elementary is currently capped so students in this development would attend Silver Sage,
which is currently under capacity; enrollment at Lake Hazel Middle School and Mountain View High
School would be over capacity at build -out of this development according to the Community
Development's school impact review included in Section VII.
Water and sewer are being extended consistent with the City's master plan as noted above.
Discovery Park, a 77+/- acre City Park, is located approximately a mile away from this site to the west
on Lake Hazel Rd., which should be adequate to serve this development.
• "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to
the City's vision and the necessary extension of public services and infrastructure is provided."
(3.03.03)
Two types of housing are proposed — single family detached and 30 single family attached units - which
willprovide diversity in housing, and the density in the MDR designated area falls within the desired
range. The density proposed in the LDR designated area at the southwest corner of the site is above the
3 units or fewer per acre desired in that area. However, the Comprehensive Plan states future land use
designations are not parcel specific. An adjacent, abutting designation, when appropriate and
approved as part of a public hearing with a land development application, may be used. A designation
may not must not be used on a parcel not directly abutting the designation, and may not apply to more
than 50% of the land being developed. The predominate land use designation is MDR and the applicant
has the ability to design the project to meet density perimeters of the MDR designations provided other
goals of the Comprehensive Plan are being met.
Page 10
As discussed below, R-15 zoning is proposed at the less dense eastern portion of the site to allow the
option ofprivate streets without sidewalks., Staff has concerns with the private streets, specifically the
long-term maintenance and interconnectivity with surrounding developments. If these roadways are not
constructed to ACHD standards, the likelihood ofACHD accepting these streets in the future is slim.
Also, stafffinds that although most of the open space meets the minimum dimensions, not all of it is
quality open space (please see the qualified open space section below). The Fire Department has noted
concerns with the access and serviceability of this project ahead of the fire station being constructed
next to Discovery Park. Finally, public services are proposed to be extended near the fringe of the City
rather than to vacant/underdeveloped infill parcels as desired. For these reasons, Staff is of the opinion
the proposed annexation may not be the best interest of the City at this time.
C. Annexation & Zoning:
Portions of the annexation area are contiguous to a portion of the current City limits boundary and within the
City's Area of City Impact at the east boundary. Most of the surrounding properties are still within
unincorporated Ada County. A legal description and exhibit map for the annexation area is included in Section
VI.A.
The proposed annexation area consists of two (2) tax parcels containing a total of 80.46 acres of land
designated as LDR and MDR on the FLUM and contains land to the section line of S. Eagle Rd. The Applicant
proposes to annex the two (2) parcels, zone the western 43.85 acres with an R-8 zoning district, and the eastern
36.60 -acre portion with a R-15 zoning district.
The R-8 zoning district allows lots as small as 4,000 sq. ft. with a minimum street frontage of 40'. The western
43.85 acres of the plat proposed for R-8 zoning reflects lots that meet this minimum lot and frontages
requirements.
The R-15 zoning district allows lots as small as 2,000 sq. ft. and has no requirement for a minimum
street frontage. This zoning is typically reserved for higher densities, including single family attached,
townhomes and multifamily. It is important to note that with the previous application, staff informed
the applicant that the private streets that are proposed with a significant portion of this development
were not allowed under the R-8 zoning that was originally proposed for the entire development. The
provisions for private streets apply only to properties that do not have frontage on a public street or
where frontage is not required per UDC 11-3F-2. The applicant has subsequently revised their
application to propose R-15 zoning merely for the purpose of being eligible for private streets whereas
all other dimensional standards would comply with the requirements of the R-8 zone. Staff believes the
development should incorporate public streets within the entire development and zone the property in
accord with the more appropriate R-8 zone (Please see the access section below for more discussion
regarding the private streets). In previous discussions with the applicant, staff has suggested the
applicant either rezone to PUD, or initiate a code change in regard to requirements for private streets.
The applicant has chosen to move forward with a request to rezone to R-15.
D. Existing Structures/Site Improvements:
There are two (2) existing homes and outbuildings on this site — the 5,892 square foot home constructed in
2002 at the east end of the site is planned to remain on a lot (Lot 64, Block 5) in the proposed subdivision; the
home and accessory structures on the west end of the site are planned to be removed with development. These
homes are accessed via a private lane (E. Adler Hof Ln.) from S. Eagle Rd. If annexed, the home proposed to
remain is required to hook-up to City water and sewer service and change their address.
Page 11
E. Proposed Use Analysis:
Single-family attached and detached dwellings are listed in UDC Table 11-2A-2 as a principal permitted use in
the R-8 and R-15 zoning districts. The proposed use, with two housing types, is mostly consistent with the
purpose statement of the residential district in that a range of housing opportunities and a variety of dwelling
types would be provided consistent with the Comprehensive Plan and UDC 11-2A-1 and 11-6A-1. However,
proposing to rezone a portion of the property to the R-15 zone when R-8 zone would suffice merely for the
reason of being eligible for private streets is not consistent with the purpose statement of UDC 11-3F-1. While
this isn't an uncommon practice, this section states that "it is not the intent to approve private streets for single-
family, duplex and/or townhouse developments other than those that create a common mew through the site
design or that propose a limited gated residential development" as no single family attached are in this area and
no common mews are proposed. Further, a limited gated community as specified in the UDC is 50 or fewer
homes. As noted below, the applicant is proposing that 112 homes utilize the proposed private street in an area
that doesn't have an established street network and limited access. Therefore, the director has denied the
private street application (see below for analysis).
F. Dimensional Standards (UDC 11-2):
The proposed preliminary plat consists of 328 building lots, 40 common lots, and 14 other lots (i.e. common
driveway lots, 1 private street lot and 1 lot for the existing home) on 80.46 acres of land.
Development is subject to the dimensional standards listed in 11-2A-6 and 11-2A-7 for the R-8 and R-15
zoning districts. Lots in the western portion proposed for R-8 meet the minimum lot size of 4,000 sq. ft. with a
40' lot frontage. Although the lots in the 36.6 -acre eastern portion proposed for R-15 meet the dimensional
standards of that zone district (minimum lot size of 2,000 sq. ft. and no minimum frontage requirement) as
presently proposed, they would also meet the minimum requirements of the R-8 zoning district.
Subdivision Design and Improvement Standards (UDC 11-6C-3)
Development of the subdivision is required to comply with the subdivision design and improvement standards
listed in UDC 11-6C-3, including but not limited to streets, common driveways and block face.
Block length is required to comply with the standards listed in UDC 11 -6C -3F. Block faces should not exceed
750' in length without an intersecting street or alley unless a pedestrian connection is provided, then the block
face may be extended up to 1,000' in length. The City Council may approve a block face up to 1,200' in length
where block design is constrained by certain site conditions as specified in UDC 11-6C-3F.3b. The face of
Block 9 on the north side of the Farr Lateral is 1,000'+/- and does not contain a pathway or intersecting
street or alley. This is also true of the section of Block 5 that is south of private street A of more than 850
feet. Council approval would be needed, or the plat would need to be revised to comply with the
standard.
At the northeast corner of the site, a street ending in a cul-de-sac is proposed which will likely exceed the
maximum 500' length allowed in UDC 11 -6C -3B.4 depending on how the property to the north develops. Staff
had recommended an internal street access to this portion of the development rather than the sole access being
provided via a stub street from the north. The applicant has responded due to the topography in this area, they
cannot provide the recommended internal access. However, just to the north of this cul-de-sac, the plat shows a
golf cart path in this general area.
Twelve (12) common driveways are proposed; such driveways should be constructed in accord with the
standards listed in UDC 11 -6C -3D. A perpetual ingress/egress easement shall be filed with the Ada County
Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire
vehicles and equipment. An exhibit should be submitted with the final plat application that depicts the
setbacks, fencing, building envelope, and orientation of the lots and structures accessed via the common
Page 12
driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking
access via the public street, the driveway should be depicted on the opposite side of the shared property line
from the common driveway. Address signage should be provided at the public street for homes accessed via
common driveways for emergency wayfinding purposes. Where two (2) common driveways are proposed that
adjoin, bollards (or other barrier approved by the Fire Dept.) should be placed at the common lot line to
prevent a through connection between streets.
The applicant has submitted a phasing plan. The phasing plan shows nine phases, with the first phase occurring
directly adjacent to S. Eagle Rd at the proposed public street. Number of lots being built out vary between 59
at the first phase, to 23 at the last phase. Phase 8 and Phase 9 are both disconnected from the rest of the
subdivision, although staff does believe an access could be constructed across the Farr Lateral between Phase 1
or 2 and Phase 9.
UDC 11-3F-4 prohibits common driveways off of private streets whereas this proposal includes three
common driveways served by private streets. The applicant has requested alternative compliance from
this standard.
G. Access (UDC 11-3A-3
The existing roadways in this area are rural in nature. Eagle Rd. is currently improved with 2 travel lanes and
no curb, gutter or sidewalk. Improvements and a signal are planned for the Lake Hazel/Eagle Rd. intersection
in 2023. Lake Hazel is planned to be widened to 5 -lanes between Eagle and Cloverdale Roads in 2024; and to
5 -lanes from Locust Grove to Eagle Roads between 2026 and 2030; no improvements are planned to Eagle Rd.
south of Lake Hazel abutting the site. The applicant will be required to construct 5 -foot -wide sidewalk on S.
Eagle Rd abutting the site.
One (1) public street, Street A, is proposed for access via S. Eagle Rd. as a collector street to the intersection of
Street C, also a public street. Three (3) stub streets are proposed at the north, and two (2) stub street are
proposed at the south boundaries of the site for future extension in accord with UDC 11-3A-3. One of these
southern stubs is a secondary emergency access to E. Vantage Pointe Ln. to be constructed with the first phase
of development. There is also a cul-de-sac at the extreme northeast serving 15 additional lots, which is
intended to connect to a public road through the recently approved Pura Vida Ridge Ranch. This area is shown
as Phase 8 and does not connect to the rest of the Skybreak Subdivision, except for the connected pathway
system.
There are two southern roads shown to connect from the subject property to E. Vantage Pointe Lane to the
south. E. Vantage Point Lane is a private road, and the applicant has only demonstrated the legal right to use
this road for emergency access (Inst. #2020-063349); public access is not allowed. This is adequate for
emergency access to occur from the cul-de-sac shown at the end of the public street shown as Street J.
However, this application also shows an additional 23 lots being served from a double cul-de-sac shown as
Phase 9. The applicant has not demonstrated they have primary legal access to these lots via E. Vantage
Pointe Lane. The applicant has responded that they intend to eventually obtain this access and will build
out this later phase when it is obtained, but staff is concerned with an application which proposes
annexing and zoning 23 lots into the City without proof of access. The applicant should construct a
roadway across the Farr Lateral to provide access to the portion of the development for better
integration.
The Fire Department has noted in a letter dated February 16, 2021 that they are concerned with a large
subdivision with only one access out to S. Eagle Rd. Two of the three northern stubs go to properties
within unincorporated Ada County which are not proposed for development at this time. The third
northern stub only serves Phase 8 which does not connect to the rest of the subdivision. If access from
the north via Eagle Rd. is blocked, in the event of an emergency, emergency vehicles would have to
travel an additional 3.5+/- miles around the square mile to access the site creating a potential life safety
Page 13
issue due to a delayed response time. Staff has recommended the applicant pursue a northern access to
allow access from this subdivision via the public road in the Pura Vida Subdivision and to E. Lake Hazel
Rd, but the applicant has responded that due to topography this is not feasible, although the applicant
has managed to configure a golf cart path to the golf course at the north. In addition, the Fire
Department has mentioned the majority of the subdivision is outside of the 5 -minute response area, and
the nearest station (Station 4) has a low reliability rating. This would improve if and when the
southwestern fire station adjacent to Discovery Park is constructed in 2023. The applicant has submitted
a phasing plan which shows each phase has at least two accesses for emergency service, but as
mentioned, except for Phase 8 at the northeast corner, all the other phases rely on only S. Eagle Rd for
access. Staff is aware that access will improve in this area over time however, it is contingent on other
properties developing in the area to provide the necessary road network.
A combination of public and private streets are proposed for access within the development — public streets are
proposed on the west and private streets serving 112 lots are proposed on the east end of the subdivision. Three
(3) common driveways are proposed for access off private streets (see analysis below).
The applicant has provided sections of the private streets with this plat application (see Section VI).
Although the plat does not indicate exactly which private street cross sections are proposed in which
area, the street sections show private streets as narrow as 27', none of which include sidewalks. Since the
time of the pre -application meetings, staff has responded that staff does not support this many lots being
served by private streets. This is because this results in streets that would pass the maintenance costs on
to the homeowners through the HOA, as ACHD would not accept these roads in the future if there were
financial constraints. Staff has requested the developer state the reason for requesting private streets
other than the additional costs to build them to the standard template, and the only responses staff has
received thus far is that there is a demographic of senior home buyers that prefer the security a gated
community can provide and that the gates and private streets will provide a more intimate setting. Staff
agrees that there are probably buyers that would prefer gated communities and private streets, but still
does not understand why narrow private streets are preferable to streets built to standard templates and
containing landscaping and sidewalk. As noted above, staff finds the proposal is not a limited gated
community, exceeds more than 50 homes. Therefore, the plat should be resigned to incorporate public
streets for the entire development. As noted below the applicant has requested alternative compliance
(ALT) to allow 112 homes as proposed. The director has denied the applicant's ALT request.
ALTERNATIVE COMPLIANCE
The applicant proposes 112 gated lots, and 3 common driveways off a private street. UDC 11-3F-4 states a
proposed (gated) development shall have no more than 50 dwelling units, and no common driveways shall be
allowed off of a private street. However, 11-3F-4 also allows the director to approve, or recommend approval
of alternative design or construction standards when the applicant can demonstrate that the proposed overall
design meets or exceeds the intent of the required standards of this article and shall not be detrimental to the
public health, safety, and welfare.
Requests for alternative compliance are allowed only when one (1) or more of the following conditions exist:
a. Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or
impractical;
b. The site involves space limitations or an unusually shaped lot;
c. Safety considerations make alternative compliance desirable;
d. Other regulatory agencies or departments having jurisdiction are requiring design standards that conflict
with the requirements of this article;
Page 14
e. The proposed design includes innovative design features based on "new urbanism", "neotraditional
design", or other architectural and/or site designs that promote walkable and mixed use neighborhoods;
f. Additional environmental quality improvements would result from the alternative compliance.
In order to grant approval for an alternative compliance application, the Director shall determine the following:
1. Strict adherence or application of the requirements are not feasible; or
2. The alternative compliance provides an equal or superior means for meeting the requirements; and
3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses
and character of surrounding properties.
The applicant's alternative compliance letter mentions there is a demographic ofsenior home buyers that
prefer the security a gated community can provide and that the gates andprivate streets will provide a more
intimate setting. Staff agrees that there is probably a demographic that would prefer gated communities, but
this is not a condition required for alternative compliance. The Director finds the applicant has not
demonstrated the need for a private versus public streets as noted above.
The plat indicates private street sections with no sidewalks and minimal landscaping, whereas ACHD
templates require 5' sidewalks and landscaping. Also, the applicant proposes alternative compliance to allow
three common driveways from the private streets, whereas this is not allowed by UDC 11-3F-4-6. Staff does
not understand how what is being proposed is an equal or superior means to meeting requirements. Providing
narrow private streets with no sidewalks, minimal landscaping, and common driveways from these private
streets is not an innovative design features that promotes walkable neighborhoods.
Finally, as was already mentioned, gating the community will also slow response times when there are already
fire access concerns, which would be materially detrimental to the public welfare.
H. Parking (UDC 11-3C :
Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for
single-family detached dwellings based on the number of bedrooms per unit. A parking plan is included in
Section VIII.J that depicts a total of 334 on -street parking spaces along public and private streets; parking
along private streets must be approved by the Fire Marshall.
1. Pathways (UDC 11-3A-8):
The Pathways Master Plan (PMP) depicts a north/south segment of the City's multi -use pathway system along
the east side of the subject property and along the south side of the Farr Lateral at the southwest corner of the
site. The Applicant has worked with the Park's Dept. pathway coordinator on the design proposed along the
east boundary; the pathway along the south side of the Farr Lateral is consistent with the PMP. The pathways
are required to be placed in a 14 -foot wide public pedestrian easement or a note should be added to the plat
which allows public access in the common lots intended for pathways.
Ten -foot (10') wide segments of the City's multi -use pathway are proposed within the street buffer along
Eagle Rd., along the south side of the Farr Lateral, along the Ten Mile Creek and the northern portion of the
east boundary of the site and a golf cart path. Other pathway connections are also proposed for pedestrian
interconnectivity and access to common areas within the development. A pathway connection is proposed
between the pathway on the eastern portion of the site to the sidewalks along internal public streets on the west
end of the site. A total of 5,167 linear feet of pathways are proposed in this development (see exhibit in Section
VI). All pathways are required to be constructed in accord with the standards listed in UDC 11-3A-8 and
landscaped per the standards in UDC 11 -3B -12C.
Page 15
Where pathways are proposed in common driveways (i.e. Lot 25, Block 9) they should be located in separate
common lots with landscaping on either side in accord with UDC 11 -3B -12C.
I Sidewalks (UDC 11-3A-17):
A 10' pathway is proposed along S. Eagle Rd. with a combination of detached and attached sidewalks along
the internal public streets. No sidewalks are required or proposed along private streets except for along private
Streets K & S where a detached sidewalk is proposed for a pedestrian connection between the pathway on the
east end of the site to the sidewalk along public Street I on the west end of the site.
K. Parkways (UDC 11-3A-17 :
Eight -foot wide parkways with detached sidewalks are proposed along the entry street (Street A) and in a few
other areas; sidewalks are mostly attached with no parkways in this development. All parkways are required to
be constructed in accord with the standards listed in UDC 11-3A-17 and landscaped in accord with the
standards listed in UDC 11 -3B -7C.
L. Landscaping (UDC 11-3B):
A 25 -foot wide street buffer is required adjacent to S. Eagle Rd., an arterial street; a 20 -foot wide street buffer
is required along Street A where it is designated as a collector street (i.e. from Eagle Rd. to the intersection of
Street C), landscaped per the standards listed in UDC 11 -3B -7C. A 50' foot +/- wide buffer is proposed along
Eagle Rd. and a 30 -foot wide buffer is proposed along the collector street (Street A) landscaped with grass and
deciduous and evergreen trees and shrubs in excess of the minimum standards.
Parkways are required to be landscaped in accord with the standards listed in UDC 11 -3B -7C. Landscaping is
proposed within parkways; calculations should be included in the Landscape Calculations table that
demonstrate compliance with UDC standards.
Landscaping is required along all pathways in accord with the standards listed in UDC 11 -3B -12C.
Landscaping is proposed along pathways; calculations should be included in the Landscape Calculations table
that demonstrate compliance with UDC standards.
Common open space is required to be landscaped in accord with the standards listed in UDC 11 -3G -3E.
Landscaping is depicted in common areas in excess of UDC standards except along the Farr Lateral and Lot
46, Block 5 (the ridge lot with the trail).
There are existing trees on the site within proposed building lots that are proposed to be removed that may
require mitigation. The Applicant should coordinate with Matt Perkins, the City Arborist, to determine
mitigation requirements per the standards listed in UDC 11-3B-1OC. 5.
M. Qualified Open Space (UDC 11-3G):
A minimum of 10% qualified open space meeting the standards listed in UDC 11 -3G -3B is required. Based on
the area of the proposed plat (80+/- acres), a minimum of 8 acres of qualified open space should be provided.
The Applicant landscape plan notes the development provides 14.99 acres (or 18.4%) of qualified open space.
This open space consists of parks, street buffers, linear open space, parkways and common areas greater than
50' x 100' in area, including the slope area on the east end of the site (see qualified open space exhibit in
Section VI). Although the open space complies with the minimum UDC standards in regard to dimensions,
Page 16
some of the open space area being credited consists of unusable arterial/collector street buffers and end caps
with parkways, the easement for the Farr Lateral, and areas that aren't centrally located for easy access. It is
staff's opinion that the applicant has the opportunity to reconfigure the plat to consolidate additional open
space to make it more accessible and useable.
UDC 11 -3G -3-E requires that at a minimum, common open space areas shall include one (1) deciduous shade
tree per eight thousand (8,000) square feet and lawn, either seed or sod. There are areas being credited on the
applicant's open space exhibit as qualified open space, such as land within the Farr Lateral easement, and all
the challenging and steeply sloping land in Lot 45, Block 5 at the east that do not meet the minimum landscape
requirements. In addition, the pathway shown along Lot 45, Block 5 would need to be landscaped with one tree
per 100 linear feet of pathway as required per UDC 11-3B-3-12 in order to be credited for qualified open
space.
N. Qualified Site Amenities (UDC 11-3G:
Based on the area of the proposed plat (80+/- acres), a minimum of four (4) qualified site amenities are
required to be provided per the standards listed in UDC 11 -3G -3C.
Proposed site amenities consist of children's play equipment/structures, a picnic shelter/shade structure,
pathways, two dog parks and additional open space of at least 20,000 square feet above the minimum UDC
requirements. Dog owner facilities are required to be improved with a dog washing station with a drain to
sanitary sewer system and trash receptacles and bags for dog waste disposal; or fencing to enclose a minimum
0.75 acre of open space for an off -leash dog park and trash receptacles and bags for dog waste disposal per
UDC 11-3G-3C.h. Although the proposed amenities meet the minimum standards, they are primarily located
along the northern and southern boundaries of the site or in the gated portion of the development and are not
centrally located (see details in Section VII.D), which Staff is of the opinion is not ideal. Staff would prefer the
open space be reconfigured to allow more useable open space and amenities toward the center of the
development. Further, UDC 11 -3G -3D.3 requires common open space and site amenities to be located in areas
of high visibility to avoid hidden areas and corners, dark areas, unusable space and reduce the opportunity for
crime. Staff does believe the sports park, playground and pathways are adequate amenities, but as mentioned
above, believes more useable open space and centrally located amenities should be incorporated into this
project.
O. Storm Drainage (UDC 11-3A-18):
An adequate storm drainage system is required in accord with the City's adopted standards, specifications and
ordinances. Design and construction is required to follow Best Management Practice as adopted by the City.
P. Irrigation (UDC 11-3A-15)
An underground pressurized irrigation system is required to be provided with development to each lot within
the subdivision in accord with the standards listed in UDC 11-3A-15. Irrigation water is provided from the
New York Irrigation District.
Q. Waterways (UDC 11-3A-6):
The Farr Lateral runs across the southwest corner of this site within a common lot (Lot 51, Block 9) and Ten
Mile Creek runs along the northeast corner of the site. The Applicant proposes to leave these waterways open
and improve them as linear open space with a 10 -foot wide multi -use pathway. However, if these waterways
are intended to be improved and credited as linear open spaces, they should be accessible and usable, and
Page 17
landscaped in accordance with UDC 11-313-12 and UDC 11 -3G -3-E, including one tree per 100 pathway feet
and one tree per 8,000 square feet of open area, as well as vegetated with seed or sod.
R. Fencing (UDC 11-3A-7):
All fencing is required to comply with the standards listed in UDC 11 -3A -6C and 11-3A-7.
Six-foot tall open vision vinyl slat top fencing is proposed along connection pathways and the Farr Lateral, 4 -
foot tall open vision wrought iron fencing is proposed adjacent to the dog parks and 6 -foot tall vinyl fencing is
proposed along street buffers and the perimeter of the subdivision as shown on the landscape plan. UDC 1I -
3A -6C.3 requires open laterals to be fenced with an open vision fence at least 6 -foot in height and having an
11 -gauge, 2 -inch mesh or other construction equivalent in ability to deter access to the lateral. Staff
recommends open fencing is installed between the lateral and the pathway to preserve public safety.
S. Building Elevations (UDC 11-3A-19 I Architectural Standards Manual):
The Applicant submitted sample photo elevations of the types of homes planned to be constructed in this
development which are included in Section VI. Homes depicted are predominantly single -story, some with a
bonus room, with a few that are 2 -stories in height proposed on the east end of the development on or near the
rim. All but 44 of the homes are proposed to be restricted to single -story with the option of a bonus room; the
larger lots on the east end of the development are not restricted to single -story homes (see exhibit in Section
VII.J). Building materials consist of a mix of finish materials (i.e. horizontal and vertical siding and stucco)
with stone/brick veneer accents.
VI. DECISION
A. Staff:
Staff recommends DENIAL of the requested annexation and preliminary plat based on the Findings in section
IX. and the Director has denied the private street and alternative compliance based on the Findings in section
IX.
Page 18
VII. EXHIBITS
A. Annexation Legal Description & Exhibit Map (date 1/20/21)
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Skybreak Annexation Legal Description
BASIS OF BEARINGS 15 S. 01,12'S2" VV. betwRnn a fount# alurn4wm tap marking the W114 carr+er and 6 found
aluminum cav marking the NW Comer of 5ect.4n ap, T. 2 J., R. 1 E., B.M., Ada (:aunty, Idaho,
A parcel of land locates In the 51{2 nF Me 1444Ij4 0 Section 4 Township 2 1413"r Range 1 East Boise meridian,
Ada County, Idaho, more particularly dlesur�tw as Fprl :
COMMENCING at an akiminum cap marking the NVV ctrrher of said Section 4;
Th€fxa S, 00=" W., ccindderk with the west line of Said NWIIJ and the cenieriine of S. Eagle Road, 1342.07
feet to an aiurnlnum cap PLS 13550, mar*ing the N1�1<6 cora-Rror said Seetkon 4 and the POINT OF
BEGINNING;
Thence S. BcrS2'22rr f ., to incident with Rha ma IrTl-, of sold 5112 cf the NYli114r a dl-qance od 1321.03 feet tD a
SfB" rewrlcap PI -5 645. matking thP- NVV1ft6 Comer of wick Sedion 4j,
Thence N, B9°56'41"' E., colnoderit with said narttr kirm, 13Z1.1D feet to aI 516" reber/cap PIS 4347, rnarkir% the
CN11tE corner of said Seclran 4;
Thence 5- 0G137'g7` W-, cainudLIA whir t1 -re nasi Mrle of mid NVVV4, a &Wrica of 1333,72 k -et to a 3�4'
n4bar{cap PtS 645, marl ing the C1/4 Corder' of Salo Seton 4;
Then0e N. 894W12" W,r oncldent with the South tlrre of Sald Sectron 4, a dl�Wvr a of 2632,7[ reef to an kgoo
aluminum rte, marking the VVIJ4 of said Section 4;
Thenpe N. 00017'57" f_,, cvirlcldent With said vlest Inner 1316.27 Feet to the EGINT OF REGINIMING.
The above dewibed parcel contains 00.4GI acrm More :ok N -m.
Page 19
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B. Rezoning Legal Description and Exhibit Map (date: 1/20/21)
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Skybreak R-8 Zoning Description ► '�
GASM OF BEARINGS Is 109122 SZ" W. benveEn a found ailuminum cap marking the W 114 corme and a FUL Md
alominwrn cap marklog the NAV mmer-of Seabn 40 T. Z 14., R- 1 E„ B,M„ Ada County. Wahm
A pam6 of rand iocaLed in Che S1{2 of the NV11�4 & Seu Ian +i ToWpiship I N'Dithr Range 1 exist, Bal5e Meridian,
Ada (:aunty, Tdahr), mora particular+y tk.6hvi;hed as Follows:
COMMEi~IQFIG at nn aluminuro cap marking thp- NW c-drner of said 5action 4;
Thincv 5. 4"1V52" W.{ coincident Mth tl a west lime al said NW114. a distance or 1352.07 feet to an alumrrurn
-i;ap PLS 13559, mark{ng the 141116 turner C saad SeOjon 4 and the POINT OF BEGINNING1
The-nw 5. WP52'17" F,, coincident with the north iine of sand 51 2 of the NWI14. a distance or 132103 feet tQ a
5}8" rebarftap KS 645, matking the NW1/16 corner of - a -W 5echgrr 4;
Thence %N. 139P5W41" F., a�dncldent wO said north Ilne, 2Li1.71J Feet;
Thence S, W1112 52" U, paraMlel wrdr said west 11ne, 1137;56 Foot;
Vhencae K. WV{p8" W -r 5.+43 Fe+etr
Fhence S. 001,12'5Z" W., parallO wb sold wit Mine, 4S4.'M foes;
Ther' N. 89°41" 3" W.r 73,73 feek;
17 -hence N. 711155'29" W, 35.46 fleet;
1174ena.� N. 9V44250 W., tP.79 feet,
f ienee S. 00012'!iV W -r paralbel With sold west line, 146,02 ftvtr
Thence S. 89047,0$rt E,, ax fit;
Thence S. 40°12'52" W., pamile v d said west line, 601.95 reat ko the south IFno of said NW1�4;
Thence N. X90WI Zn VV,, m1mddenr wO said -sDuth line, M4.42 feet hn air dltgfbbe aiurmnuMn cap, mark+ng bt}c
WI/4 sir Sold vection 4;
TheKe N. 001�12'52" E., eoinddent with salt# wesr liner 1326.27 Feet to the PRINT OF REGy3l,M"ING_
The above desctibizd Varcel aontaim 411158 acres more cir less.
Page 21
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Skybreak -15 Zoning Descriptio
SASS OF BEAMAIG$ Ls S. V12'52" W. between a f--oUird aluminum cap marking the W114 tamer arkd a far,nd
slumirrum rap marking the NV4 corner -of Sect•an 4, f. � N, R. t 1E,, 13,M„ Ada Qounty, Idaho
A pEatel of land IdtAW in the 5112 of tttie NVw114 of Mian 4 T-ownth"rp 2 Northr Ranee 1 E&sL Boise Meridian,
Ada Gold qty, ZdaW, mare pamr<ula0y descritid as rollDws:
CO MMEf+lCING at an alwniriqjrn cap marking the NW comer Df said Mian 4;
-r'Mena 5. noi2'52" W., ❑ Inddent vyIth the west llrie of said NVw1/q, a d1€Wry or 1352,07 Tha m arh aiuminLr m
cap PLS 13556, marKing [he N 1116 cornier of sawl Secoon -T;
l- ence 5. 6g"52'72" E., uDWdent with the north Ilne of said 5112 of the NVV111. a distafWe or 1321,03 feet Lu 6
5JM" re-bar/cap PL -5 645, FTwrking the NW1116 cormr Df nld Section 4;
'rhevrce N. W5641" �-:, eaineident with said -iorth 111M, 263.79 feet to the POINT OF BEGINNING,
Theoct wntlnuiny 74, 641355'41" F., coincident wihh sand north Iirn�, 1.059.31 Feet W a 5j8" rabarjtao PLS A34j,
rri,rking the CN3/16 Cwher of Fad Sermon 4;
Ttrrrice S. (MI13707" W.. tn+ncideni:v kh the east ill re of 5ald Setuon I, i� di€farce of ]333,72 feat ha o 3! 4"
rebar/(mp RS 645, marking the 0114 ourrwr a pica Section 4;
Tf emoe N 891148'12" W,, roincrOerit with the sotO lhne or sa-d NW LMP a di5tance of 7 M.29 fLTt',
Thalou N. 001112'52" E.. parallel with Said WeA ilreF 6111.95 reetr
Thence N. 99°47'08" W.. 22,31 fit;
Thence N. M111732" E,, par -81101l with said west qne 1-46.02 Wtr
Thwxe S. 89"44"25' E., ! 57.79 feet,
Tt anum S. 71°5529" L, 3.x.46 feet;
Thence S. 54114123" E-, 13.11 feet,
Thonm N. OUL'12'52" E., parallai Wit-, said west km2, 454.70 feel;
Ttxnc>e S. 13904TGG" L. 5.43 feet„
Thence N. COP 12'S2' E -r parallel with said weir lint 137.56 feet tX3 Ve POINT OF BEG3NNIqG.
he above de5cribed oarcei contains 36.604 acres MOrR or iess.
Page 23
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C. Preliminary Plat (date: 12/11/2020)
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A Landscape Plan (date: 12/11/2020)
Page 25
E. Gated versus Non Gated (date: 2/11/2020)
All streets shown in gated portion are private streets
Traditional i�hborhoGd Gated Community
F. Open Space Exhibit (date: 12/30/2020)
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G. Zoning Exhibit (date: 12/10/2020)
--AMW R-8 Single
717_�/ Story,
Attached
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R-15 "R -t5 Gated Single
— Story. Single
R-8 Single Story, a i- 1 " ��(-Family
Single Family _ F
R-15 Gated, 1
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M _
H. PhasinLy Plan (date 2/10/21)
I. Proposed Private Street Sections
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Page 28
J. Phasing Description (date: 12/10/21)
PROJECTED PROJECT TIMELINE
Milestone
Date
2021-
• City Council Approval est.
Aril 2021
■ Eagle Road - Amigr to Victor Road Widening to 5 Lanes
2022 -
2021
■ 20 Homes Occupied 151 home available April 2022
Au ust 2022
2023 -
■ Lake Hazel Road and Eagle Road Intersection Construction
2023
■ Eagle Road - Victory to Amity Road Widening to 5 Lanes
2023
■ Fire Station #8 - Completed and Staffed
December 2023
■ 50 Homes Occupied
September 2023
Z0z -
■ Lake Hazel Road - Ea le to Cloverdale Road Widening to 5 Lanes
2024
■ 100 Homes Occupied
June 2024
2025 -
■ 150 Hoines Occupied
June 2025
2026 -
■ 200 Halves Occupied
June 2026
2027-
0 250 Homes Occupied
June 2027
2028 -
■ 300 Homes Occupied
June 2028
2029-
0 Completion
December 2029
Page 29
K. Proposed Amenities (date: 2/10/21 — please refer to Narrative for more details)
U
Large 314 -Acre, Tot Park (Block 9, Lot 52) — The 35,142 5gft 5kybreak Neighborhood park V"Id
contain the following recreation facilities:
• Play Structure
• Seating Benches
• Shade Structure
• Climbing Rocks
• Large Grass play area
• Attractive Landscaping
• Playground fencing for safety
Page 30
pathways—The Skyhreak Neighborhood
will include the following pedestrian
pathways:
• 10' Wide Regional Pathway
Along Eagle Road — 1,326 LF
• 10' Wide Regional Pathway
Along the Farr Lateral — 1,120 LF
• 10' Wide Regional Pathway
Along Ten Mile Creek - 526 LF
• 10' Wide Golf Cart Path - 760 LF
• Natural Path — 1,435 LF
Pedestrian pathways within the
5kybreak Neighborhood will total
nearly one mile in length.
C.
Dog Parks (Black 2, Lot I and Black 5, Lot 12 1) - The 5kylareak Neigh barhood pa rk wil I oanta i n two
(2-) .114 Ac small dog,, dog parks th at wil l incl ud e ; h e fol lowing:
• Open Vision Fencing
■ Dual Gate System
■ Seating Areas
• Attractive Landscal)ing
D. Entry Park (Block 5, lot 114) — TI
rnain Collector Roadway will
terminate in an attractively
landscaped open space that will
provide for an aesthetically
appeasing entry statement that
will convey a sense of arrival.
• Specimen Tree
Plantings
• Seating Areas
• Attractive landscaping
• Pathway
Page 31
E. Open Sports Park (Blo(k 5, Lot
97)—This park will include:
• Large 1-a cre ope n s ports a res
• Pathway Connection
• Seating Areas
• Attractive Landscaping
F. Landscaped Passive Open Spaces —Located throughout the Lleigh borhood:
+ Attractive Landscaping
* Buffering of side yards
Premier Signage and Entry Monuments
-7.
H. Pedestrian Connection Exhibit
Pi:. ----man Coineclion Internal Pathway System
Rno6r.al Pathway i Pedestrian GoV Cart
Path
Page 32
L. Parking Plan
On -Street Parking
334 Spaces
Page 33
M. Common Driveway Exhibits
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VIII. CITY/AGENCY COMMENTS
A. PLANNING DIVISION
No conditions of approval are included due to Staff's recommendation of denial.
B. PUBLIC WORDS
No conditions of approval are included due to Staff's recommendation of denial.
C. FIRE DEPARTMENT
https: //weblink. meridiancity. oLvlWebLinkIDocView. aspx?id=223367&dbid= 0&repo=MeridianCitX
D. POLICE DEPARTMENT
https: //weblink. meridiancit E. org/WebLink/Doc View. aspx?id=222919&dbid= 0&repo=MeridianCity
E. PARK'S DEPARTMENT
https: //weblink. meridiancity. org/WebLink/Doc View. aspx?id=214368&dbid= 0&repo=MeridianCity&cr=1
F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS)
https: //weblink. meridiancity. org/WebLink/Doc View. aspx?id=193035&dbid= 0&repo=MeridianCity
G. ADA COUNTY DEVELOPMENT SERVICES
https: //weblink. meridianciU. oLvlWebLinkIDocView. aspx?id=222788&dbid= 0&repo=MeridianCitX
H. ADA COUNTY HIGHWAY DISTRICT (ACRD)
https: //weblink. meridiancioy. org/WebLink/Doc View. aspx?id=219402&dbid= 0&repo=MeridianCitX
L NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID)
https: //weblink. meridiancity. org/WebLink/Doc View. aspx?id= 193631&dbid= 0&repo=MeridianCitX
J. CENTRAL DISTRICT HEALTH DEPARTMENT
https: //weblink. meridianciU. org/WebLink/DocView. aspx?id=219402&dbid= 0&repo=MeridianCitX
K. WEST ADA SCHOOL DISTRICT (WASD)
https: //weblink. meridiancioy. org/WebLink/Doc View. aspx?id=203469&dbid= 0&repo=MeridianCitX
L. COMMUNITY DEVELOPMENT SCHOOL IMPACT REVIEW:
https: //weblink. meridianciU. org/WebLink/DocView. aspx?id= 203 755&dbid= 0&repo=MeridianCitX
M. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
https.Ilweblink.meridiancity.orzlWebLink,lDocView. aspx?id=222984&dbid=0&repo MeridianCity
Page 42
N. BOISE PROJECT BOARD OF CONTROL
https:llweblink. meridiancioy. orz/WebLinkIDocView. aspx?id=222907&dbid= 0&repo=MeridianCity
IX. FINDINGS
A. Annexation and/or Rezone (UDC 11 -5B -3E)
Required Findings: Upon recommendation from the commission, the council shall make a full
investigation and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
Staff finds the proposed map amendment to R-8 is consistent with the Comprehensive Plan density
recommendations of 3-8 dwelling units per acre for the majority of the site except for the southern
portion adjacent to the Vantage Pointe Subdivision where there is an inadequate transition in lot sizes.
Staff finds zoning the property to the R-15 district for purpose of allowing private streets is not
suitable for providing the necessary infrastructure. As mentioned in Section V above, the 30 attached
dwelling units would contribute to more diversity of houses, but the remaining 299 would not. The
development does exceed what is required in regard to amenities, however stafffinds some of the open
space is not the useable open space as anticipated by the Plan and believes better orientation and
consolidation of open space could occur. The property is near the fringe of the City only adjacent to
the City limits in a select few places; this development would not be considered infill. The proposed
private streets serving a significant portion of the site would not meet the intent of the Plan in regard
to requiring urban infrastructure be provided for all new developments, including sidewalks.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Staff finds the lack of variety in housing types (i.e. all single-family detached homes except for 30
attached) and lack of diversity in lot sizes is not consistent with the purpose statement of the
residential districts, which states a range of housing opportunities should be provided consistent with
the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
Stafffinds the proposed zoning map amendment could be detrimental to the public health, safety and
welfare. The significant portion of the development proposed for private streets may pass the
maintenance costs on to homeowners through the HOA, and because private streets are proposed with
inadequate templates, ACHD would not accept these roads in the future if there were financial
constraints. Also, the Fire District has voiced concerns with service to this development until the
southern fire station is constructed, has concerns with all but Phase 8 having S. Eagle Rd as the sole
point of access, and does not prefer the proposed number of lots being served by gates.
4. The map amendment shall not result in an adverse impact upon the delivery of services by any
political subdivision providing public services within the city including, but not limited to, school
districts; and
Both West Ada County School District and the Community Development School Impact Review
indicate this proposal would increase the number of students on schools that are already over
capacity.
Page 43
5. The annexation (as applicable) is in the best interest of city.
Stafffinds the proposed annexation is not in the best interest of the City at this time as it is located
near the fringe of the City and may not maximize existing public services. Further, Stafffinds the
design of the proposed development plan is not consistent with the Comprehensive Plan as discussed
above in Section V.
B. Preliminary Plat (UDC 11-6B-6):
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
Stafffinds that the proposed plat is not in substantial conformance with the adopted Comprehensive
Plan in regard to maximizing public services by prioritizing infill development over parcels on the
fringe, provision of a variety of housing types, density in the LDR designated area, transitional densities,
adequate provision of services (Fire Dept), usable open space, and construction of infrastructure
without sidewalks, etc. (Please see Comprehensive Plan Policies in, Section V of this report for more
information)
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
Staff finds that public services are available and can be extended to accommodate the proposed
development although services would be maximized by development of infill or underdeveloped parcels
already in the City instead of on the fringe as is the subject property (See Exhibit B of the Staff Report
for more details from public service providers)
3. The plat is in conformance with scheduled public improvements in accord with the City's capital
improvement program;
Because City water and sewer and any other utilities will be provided by the development at their own
cost, Stafffinds that the subdivision will not require the expenditure of capital improvement funds.
4. There is public financial capability of supporting services for the proposed development;
Stafffinds there is public financial capability of supporting services for the proposed development based
upon comments from the public service providers (i. e., Police, Fire, ACHD, etc).
5. The development will not be detrimental to the public health, safety or general welfare; and,
Staff is not aware of any health, safety, or environmental problems associated with the platting of this
property. Public testimony has been submitted from adjacent residents to the south on 1 -acre lots stating
there is not an adequate transition in lot sizes or zoning to theirproperties/subdivision. ACHD considers
road safety issues in their analysis.
Page 44
6. The development preserves significant natural, scenic or historic features.
Staff finds the proposed development preserves the natural topography/hillside along the eastern
boundary of the site. Staff is unaware of any other significant natural, scenic or historic features that
exist on this site that require preserving.
C. Private Streets (UDC 11-3F-5):
In order to approve the application, the Director shall find the following:
A. The design of the private street meets the requirements of this article;
The private streets meet the design requirements of not connecting to an arterial street, allowing
sufficient maneuvering for emergency vehicles, and meeting the minimum width of 27 feet. However, the
proposal exceeds the limitation of no more than 50 units being served by a gated development, and three
common driveways are proposed whereas UDE 1103F-4-5 states common driveways cannot be allowed
on private streets.
B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other
detriment to persons, property, or uses in the vicinity
The Director has safety concerns in regard to whether there could be pedestrian safety issues with
residents usingprivate streets with no sidewalks and believes, at the minimum, there should be sidewalks
on at least one side, or pathways that connect to all residential lots in the gated area. The Fire
Department has commented they do not prefer 112 gated lots.
C. The use and location of the private street shall not conflict with the comprehensive plan and/or
the regional transportation plan.
Proposing private streets with no sidewalks does not Comprehensive Plan policies such as requiring new
residential neighborhoods to provide complete streets, developing a connected, comfortable, and
comprehensive network of multi-purpose pathways, ensuring safe routes and access, encouraging safe,
physical activity for pedestrians and bicyclists, and fostering a walkable and bikeable community and
providing necessary infrastructure.
D. The proposed residential development (if applicable) is a mew or gated development.
The proposed development is a gated development, but exceeds the provisions of UDC 11 -3F -4.b which
limits gated developments to no more than 50 dwelling units.
Page 45