Findings - PZ - 2011 - RZ-01-11/CU-01-11/PPUD-01-11/PP-01-11 - Rz For The Preserve Pud/419-Lot/99.5 Acres/280-Lots/26 Common/1 Well Lot BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
FOR A REZONE,DEVELOPMENT AGREEMENT )
MODIFICATION,CONDITIONAL USE PERMIT, )
PRELIMINARY DEVELOPMENT PLAN,AND )
PRELIMINARY PLAT FOR THE PRESERVE )
PLANNED UNIT DEVELOPMENT FOR )
COLEMAN HOMES,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-01-11/CU-01-11/PPUD-01-11/PP-01-11
The above-entitled rezone, development agreement modification, conditional use permit, preliminary
development plan, and preliminary plat applications came before the Eagle Planning and Zoning
Commission for their recommendation on June 20, 2011. The Commission, having heard and taken oral
and written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
The Preserve LLC, represented by Becky McKay with Engineering Solutions LLP, is
requesting a rezone from R-3-DA-P(Residential up to three units per acre with a development
agreement — PUD) and R-2-DA-P (Residential up to two unit per acre with a development
agreement — PUD) to R-4-DA-P (Residential up to four units per acre with a development
agreement— PUD) and R-3-DA-P (Residential up to three units per acre with a development
agreement — PUD), conditional use, preliminary development plan, and preliminary plat
approvals for The Preserve Planned Unit Development, a 419-lot(371 buildable, 47 common,
and 1 well lot) residential subdivision (a portion of which is platted as Eaglefield Estates
Subdivision No. 1). The preliminary plat is comprised of 99.5-acres and consists of 280-lots
(253 buildable, 26 common, and 1 well lot). The 142.4-acre planned unit development is
generally located 650-feet west of Linder Road and north of State Highway 44.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 6:00 PM,
Wednesday, November 10, 2011, in compliance with the application submittal
requirement of Eagle City Code. The application for this item was received by the City of
Eagle on January 24, 2011.
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 May 30, 2011. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on May 27, 2011. Requests for agencies' reviews were transmitted on January 28,
2011 in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on June 9 and 10, 2011.
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D. HISTORY OF PREVIOUS ACTIONS:
On January 24, 2006, the City Council approved an annexation and rezone from RR
(Rural Residential-Ada County Designation)to R-2-DA-P(Residential -two units per acre
with a development agreement-PUD), R-4-DA-P (Residential - four units per acre with a
development agreement - PUD) and MU-DA-P (Mixed Use - with a development
agreement - PUD), conditional use, preliminary development plan, preliminary plat, and
vacation of right-of-way approvals for Eaglefield Estates Planned Unit Development (A-
11-04/ RZ-17-04/CU-10-04/PPUD-3-04/PP-9-04NAC-2-04) for this site. The
Development Agreement (Inst. #106057136) associated with RZ-17-04 and planned unit
development findings of fact and conclusions of law for the aforementioned applications
are incorporated herein by reference.
On August 8, 2006, the Eagle City Council approved the common area landscaping and
clubhouse within Eaglefield Subdivision (DR-66-06).
On February 13, 2007, the City Council approved for a final development plan and final
plats for Eaglefield Estates Subdivision Phases No. 1 & No. 2, for Eaglefield, LLC
(FPUD-03-06 &FP-10-06 [No. 1] &FPUD-4-06 &FP-11-06 [No. 2]).
On March 25, 2008, the City Council approved a modification to the development
agreement(Instrument#109031309)to modify the approved setbacks for the development
and modify the municipal water Memorandum of Agreement (MOA) to allow for the
amendments to be made to the MOA without a modification to the development
agreement(RZ-17-04 MOD).
On May 16, 2008, the final plat for Eaglefield Estates Subdivision No. 1 was recorded at
the Ada County Recorder's Office.
On August 25, 2009, Eaglefield, LLC, represented by Clint Boyle with Landmark
Engineering and Planning, submitted a preliminary plat extension of time application for
Eaglefield Estates and Eaglefield Estates II Subdivisions(EXT-13-09).
On October 27, 2009, the City Council remanded the preliminary plat extension of time
application for Eaglefield Estates and Eaglefield Estates II Subdivisions to staff(EXT-13-
09).
On August 10, 2010, the City Council approved a preliminary plat extension of time
application for Eaglefield Estates Subdivision to be valid until February 12, 2012 (EXT-
06-10).
On March 22, 2011, the City Council approved a vacation to the final plat of Eaglefied
Estates Subdivision No. 1, to remove the shared access/common driveway easements and
utility easements contained within Lots 3-13, Block 1; Lots 2-5, Block 2; Lots 1-4, 6-9,
18-21, and 23-26, Block 6 (VAC-02-10).
On March 22, 2011, the City Council approved modifications to the development
agreement (Instrument #106057136) and the modified development agreement
(Instrument #109031309), to amend a "Whereas" contained on page 2 of the original
development agreement and modify the "Conditions on Development" No. 2.1 and No.
2.2 (RZ-17-04 MOD2).
On March 22, 2011, the City Council approved a combined preliminary plat/final plat for
Eaglefield Estates Subdivision No. 2 (a re-subdivision of Lots 2-5, Block 2 of Eaglefield
Estates Subdivision No. 1)(PP/FP-02-10).
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On April 26, 2011, the City Council approved a vacation to the final plat of Eaglefield
Estates No. 1, to remove the utility, drainage, and irrigation easements along the common
side lot lines of Lots 6-7 and 7-8, Block 1,to satisfy a lot line adjustment(VAC-01-11).
On April 27, 2011, the Zoning Administrator approved a lot line adjustment to the final
plat of Eaglefield Estates No. 1, along the common side lot lines of Lots 6-7 and Lots 7-8,
Block 1 (LLA-02-11).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing High Density MU-DA-P (mixed use Single-family residential
Residential with a development planned unit development
Transitional agreement),R-4-DA-P (Eaglefield Estates Planned
Residential, (Residential with a Unit Development)
Residential Two(up development agreement),
to 2 units/acre) R-2-DA-P(residential
with a development
agreement)Overall
density of 2.61 units per
acre
Proposed No change MU-DA-P(Mixed use Single-family residential
with a development planned unit development
agreement),R-4-DA-P (The Preserves Planned Unit
(Residential with a Development)
development agreement),
R-3-DA-P(Residential
with a development
agreement)Overall
density of 2.61 units per
acre
North of site Residential Two(up R-2-DA-P(Residential Residential subdivision
to 2 units/acre) up to two units per acre (Mosca Seca Subdivision—
with a development Legacy Planned Unit
agreement—PUD) Development)
South of site High Density RUT(Rural Urban State Highway 44, single-
Residential Transition—Ada County family dwellings and
Transitional designation) agriculture
Residential, Mixed
Use
East of site High Density RUT(Rural Urban Single-family residential,
Residential, Transition—Ada County Legacy Planned Unit
Transitional designation)and R-2- Development, Cabra Creek
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COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Residential, DA-P (Residential up to Subdivision, charter school
Residential Two (up two units per acre with a and a church
to two units per acre) development agreement—
PUD), R-2-DA
(Residential up to two
units per acre with a
development agreement),
R-4-DA-P (Residential
up to four units per acre
with a development
agreement—PUD), MU-
DA-P(Mixed Use with a
development agreement—
PUD)
West of site High Density RUT(Rural Urban Residential subdivision
Residential, Transition—Ada County (Mosca Seca—Legacy
Transitional designation) and R-2- PUD), &agriculture
Residential, DA-P(Residential up to
Residential Two(up two units per acre with a
to two units per acre) development agreement—
PUD)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site— 142.4
Total Number of Lots—419
Residential—371
Commercial—0
Industrial—0
Common—47 and 1-well lot
Total Number of Units—
Single-family—371
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 2.61/dwelling units per acre 2.61/dwelling units per
(Pursuant to the executed acre maximum
development agreement—
Instrument#106057136)
Minimum Lot Size 8,396 square feet(R-4) 8,000 square feet(R-4)
10,622 square feet(R-3) 10,000 square feet(R-3)
Except that a decrease of
minimum lot size in a
subdivision may be
allowed if there is an
offsetting increase of the
same percentage in open
space and a planned unit
development is applied for
and approved)-per ECC
Section 8-2-4 (G).An
offsetting increase of the
same percentage in open
space has been provided
Minimum Lot Width 70-feet(R-4) 70-feet(R-4)
84-feet(R-3) 75-feet(R-3)
Minimum Street Frontage 40-feet 35-feet
Total Acreage of Common Area 32.40-acres 31.22-acres
Open Space
Percent of Site as Common Area 22.7% 21.9%
Open Space 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.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 9-3-7(a)requires 20-foot wide landscape strips to screen adjacent
incompatible features such as highways, railroads, commercial or industrial uses from
proposed residential properties.
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Open Space:
A total of 32.40 acres (22.7%) of usable common area is proposed within the planned unit
development. The common area is a combination of linear pathways, swimming pool,
clubhouse, tot lots and playing fields and large ponds. A minimum of 20% open space is
required within a planned unit development. Planned unit developments that contain lots
that are smaller than the minimum lot size are required to have 10% open space plus a
required offset of open space for the amount of area for the area of lots that are below the
minimum lot size or 20% open space, whichever is greater.
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.
The applicant provided a preliminary plat, date stamped by the City on March 15, 2011,
which contains a plat note indicating that each lot contains an irrigation, drainage, and
public utilities easement 12-feet in width adjacent to a public right-of-way and the
subdivision boundary. The note goes on to state that the property lines not adjacent to a
public right-of-way shall contain a six-foot (6') wide irrigation, drainage, and public
utilities easement.
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 remaining undeveloped portion of the site is currently vacant land wherein there are a
few existing trees located adjacent to the Middleton Canal. All trees on the site are to be
reviewed by staff and the Design Review Board for retention.
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. STREET DESIGN:
Private or Public Streets:
The applicant is proposing to complete the extension of North Golden Crown Way
(residential collector) from West Escalante Drive to intersect with North Polebrook Way
(local street). The preliminary plat, date stamped by the City on March 15, 2011, shows a
collector street section with a 70-foot right-of-way that consists of two (2) 21-foot travel
lanes (measured back of curb to back of curb), 10-foot wide center landscape island, two
(2)nine-foot(9')wide landscape strips adjacent to each side of the road, and two (2)five-
foot(5')wide sidewalks located outside of the road right-of-way.
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The remaining streets within the development will be constructed as local streets. The
preliminary plat, date stamped by the City on March 15, 2011, shows the local street
section with a 50-foot wide right-of-way that consists of a 36-foot wide travel way
(measured back of curb to back of curb)with two (2), 16-foot wide travel lanes and seven-
foot (7') wide landscape strips adjacent to each side of road. The planter strips are a total
eight-feet (8') in width with one-foot (1') located outside of the road right-of-way. There
is also a five-foot (5') wide sidewalk adjacent to the planter strips and outside of the road
right-of-way.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
Four(4)cul-de-sacs are proposed:
• North Gransden Court: 460-feet in length, 50-foot radius
• West Bracken Court: 470-feet in length, 50-foot radius
• North Morley Green Place: 290-feet in length, 50-foot radius
• North Melton Place: 360-feet in length, 50-foot radius
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed outside of the road right-of-
way and abutting both sides of all interior roadways including the collector roadway(West
Golden Crown Way).
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
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street names approved by the Ada County Street Names Committee are shown on the
attached correspondence from that committee.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
Pedestrian walkways are provided throughout the development through a detached
sidewalk system located adjacent to the interior streets and through a multi-purpose
pathway system located within the open space design.
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-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees — yes — located adjacent to the Middleton Canal and within Eaglefield Estates
Subdivision No. 1
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—yes—Middleton Canal
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL 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 engineers letter dated February 22, 2011, and March 25,
2011, are of special concern(attached to the staff report).
Ada County Highway District — Indicated that the proposed streets located within the
development are shown in conformance with District policy. The correspondence also indicated
that no more than 178-residential lots should be platted until such time access is provided on
Escalante Drive to Linder Road.
Central District Health—Indicated that the plans for central water and central sewage should be
approved by Idaho Department of Environmental Quality prior to the District's approval. The
correspondence also indicated that run-off from the development should not create a mosquito
breeding problem.
Eagle Fire Department—Indicated that the development was previously reviewed and approved as
Eaglefield Estates and the same conditions shall apply (see attached correspondence date
stamped by the City on September 8, 2005). The correspondence also indicated fire hydrant
locations and fire flows shall be witnessed and approved by the Eagle Fire Department prior to
any building permits being issued.
Eagle Sewer District — Indicated the property is annexed into the District. The applicant will be
required to submit engineering plans to be reviewed and approved by the District prior to the
construction of additional central sewer.
Idaho Department of Lands — Indicated the proposed development will not impact State Trust
Lands.
Idaho Transportation Department — Requested that there be consideration of a stub street to the
unplatted parcel located at the southwest corner of the proposed development.
Joint Sch000l District No.2 —Indicated that nearly all of the schools in the District are operating
at capacity. Due to the need of additional capacity the District is requesting the applicant donate
a school site with sewer and water service available.
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Ringert Law (Drainage District No. 2) — Indicated that the District entered into a License
Agreement for certain encroachments and discharge with the previous owner of the properly. The
correspondence also indicated that the conditions and terms of the previous agreement apply to
the new development and the District will need to review and approve the plans for any new
encroachments within the District's easement.
Stoppello and Kiser (Middleton Mill Ditch Company and Middleton Irrigation Association) —
Indicated that the applicant is subject to an Agreement entered into with the previous owner who
developed a portion of the properly. Pursuant to the Agreement all phases subsequent to
Eaglefield Estates Subdivision Phase 1 require written approval by the canal companies prior to
submission of any final plat.
Q. LETTERS FROM THE PUBLIC:None received to date
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
Phase 1 —Completed
Phase 2—Summer 2011
Phase 3 — Spring 2013
Phase 4—Summer 2013
Phase 5 —Spring 2015
Phase 6—Spring 2015
Phase 7—Spring 2017
Phase 8—Spring 2017
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
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9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cased of large—scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open space,
recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been provided
by the developer.
16. That suggested public (or private) means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted August 25, 2009), designates this site as the
following:
Residential Two
Suitable primarily for single family residential development within areas that are rural in character.
An allowable density of up to 2 units per 1 acre.
Residential Six Plus
Suitable primarily for multi-family housing including apartments,town homes and duplexes within
the urbanized setting adjacent to designated transit corridors. An allowable density of up to 10
units per 1 acre.
Residential Transition
Residential development that provides for a transition of density within the planning area while
keeping in context the density, scaling and lot sizes of existing or proposed uses. Commonly
requires changes in lot dimensions and scaling, see specific planning area text for a complete
description.
Chapter 6—Land Use
6.5 Land Use Objectives
D. To establish the land use map and associated policies as the official guide for development in
the City of Eagle
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E. To implement the land use map and associated policies through the zoning and development
review process.
6.8.1 Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community commercial,
professional office, and a variety of residential densities. The vision for the area is to recognize the
activity center created by Eagle High School and existing development approved by Ada County
and to provide compatible land uses at densities that accommodate pedestrian scale design and
future mass transit.
A. Uses
The land use and development policies specific to the Park Lane Planning Area include the
following:
7. The area located west of Linder Road and State Street shall provide for high density
residential including apartments, town homes and patio homes, and transitioning
northward to 1-2 units per acre. Internal circulation is essential to the development of this
area; a loop/frontage road similar to Old Valley Road should be created. Uses should
focus on this roadway (not State Street) with berming and wide setbacks to be used to
buffer any residential use from the regional transportation network.
CHAPTER 8—Transportation
8.2.5 Residential Collectors
Mobility Function:
The primary function of a residential collector street is to intercept traffic from local streets and minor
numbers of abutting parcels and carry the traffic to a collector or arterial street. A secondary function is
to service abutting property. The ACHD allowed length and number of vehicle trips per day on
residential collectors is less than collectors. The residential collector street may serve motorized and
non-motorized transportation needs, and be designed with the minimum street section to accommodate
the projected vehicle volume. On-street parking may be prohibited.
Access Function:
To provide limited and controlled access to residential neighborhoods. Direct lot access is typically
restricted.
Right-of-Way:
As shall be determined by the Highway District having jurisdiction with recommendations by the City
and seriously considered by the Highway District.
8.2.6 Local Roadways
Mobility Function:
The primary function of a local street is to serve abutting property. Local streets are to be designed to
allow on-street parking and discourage continuous or unobstructed flow of traffic through residential
neighborhoods.
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Access Function:
To normally provide abutting properties with unrestricted access to the local street unless the street is a
local commercial street, in which case access restrictions may apply.
Right-of-Way:
As shall be determined by the Highway District having jurisdiction with recommendations by the City
and seriously considered by the Highway District.
All roadways not classified as arterials or collectors are considered local roadways.
83.1 Bike Lanes
Function:
Primarily used as a lane for bicycles and other non-motorized uses.
Location:
Bike Lanes usually exist on the same pavement surface as motorized lanes. Arterials and collectors
should be provided with bike lanes on each side of the roadway. Bike lanes may be required on rural
and Foothills arterials if no parallel pathway is available.
8.5 Objectives
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.
F. Maintain safe and comfortable neighborhoods by minimizing speeding and cut-through traffic while
avoiding cul-de-sac streets that isolate individual neighborhoods.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2A-7(J): Landscaped and Buffer Area Requirements:
4. Major Roadways:New residential developments, including, but not limited to, subdivisions
and multi-family developments, shall be buffered from streets classified as collectors, arterials,
freeways, or expressways, to protect residential communities from noisy, potentially
dangerous, high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area open space owned and maintained
by a homeowners' association. Any landscaping proposed to be within the public right of way
shall not be included as a part of the buffer area required below. The height for
berming/fencing, as noted below, shall be measured from the elevation of the final grade of the
adjacent roadway(measured at the centerline)to the top of the proposed berming/fencing. The
required buffer area width,plantings, and fencing are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet(35')wide buffer area(not including right of way)shall be
provided with the following plants per one hundred(100) linear feet of right of way: four
(4) shade trees, five(5) evergreen trees, and twenty four(24) shrubs. Each required shade
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tree may be substituted with two(2) flowering/ornamental trees, provided that not more
than fifty percent(50%) of the shade trees are substituted.
A minimum five foot(5')high, maximum eight foot(8')high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet(3')horizontal distance to one foot(1')vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided
in combination with the berm, a four foot(4')wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
• Eagle City Code Section 8-6-1: Purpose, Goals, and Objective:
A. Purpose: The purpose of this chapter is to establish clear development standards that will
achieve the city of Eagle's vision for development as presented in the Eagle comprehensive
plan. The standards will be designed to create livable communities that provide exemplary
open spaces and recreational opportunities,that encourage a diversification of housing types,
styles and living options for a wide range of income levels and lifestyles, and thereby enhance
the living experience within the city of Eagle.
B. Goals: To provide guidance and establish expectations for development within the city of
Eagle. The PUD provides clear standards and options for development within the city
including lot sizing, open space and the diversification of housing types.
C. Objective: To guide land development and construction through the planned unit development
(PUD) to achieve the following:
5. A development pattern in harmony with the objective for land use density, transportation and
community facilities as presented in the comprehensive plan.
• Eagle City Code Section 8-6-5: Site and Structure Regulations and Requirements:
8-6-5-2: Common Area Open Space:
D. Direct Access: A minimum of fifty percent(50%)of all lots shall be designed to be adjacent to,
or at a minimum, have direct access to common area open space. The term "direct access"
means all building lots are to be located a maximum of two hundred fifty feet(250')away
from a pathway connecting to a common area open space lot. Building lots separated from a
common area open space lot by a local roadway shall be deemed to have achieved direct
access. The required planter strip located between the sidewalk and the street will not be
permitted to fulfill this requirement.
8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options, the following
design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title, except that a decrease in the minimum lot size may be
allowed if there is an "offsetting increase" of the same square footage in open space and a
favorable finding is made by the council that the smaller lots are appropriately integrated into
the overall design and that the building product type is compatible with the PUD and
surrounding area.
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As an incentive to submit a PUD versus a standard subdivision,the initial starting point for
minimum open space,prior to any "offsetting increase" being added, shall be the area that is
equal to ten percent(10%)of the site. This allowance shall only be permitted under the
following criteria:
1. The total common area open space shall be equal to or greater than twenty percent(20%),
inclusive of the "offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity and
architectural and siting variation are incorporated into the development and that these
factors make up a substantial contribution to the objectives of the PUD. These design
elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting,visual focal points,use of existing physical features such as topography,view,
sun and wind orientation, circulation pattern, physical environment, variation in
building setbacks and building grouping(such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under
section 8-2-4 of this title.
• Eagle City Code Section 8-6-2: Procedure for Approval of Planned Unit Development:
8-6-6-2: Preliminary Development Plan:
C. Approval In Principle Of Preliminary Development Plan:
1. The commission shall review the preliminary development plan to determine if it is
consistent with the intent and purpose of this title; whether the proposed development
advances the general welfare of the community and neighborhood and whether the
benefits, combination of various land uses and the interrelationship with the land uses in
the surrounding area justify the deviation from standard district regulations and its
recommendation to the council. The commission's recommendation in principle of the
preliminary development plan shall be necessary before an applicant may submit a final
development plan. Approval in principle shall not be construed to endorse a precise
location of uses, configuration of parcels or engineering feasibility.
2. The council shall consider all provisions of this chapter including the general standards
applicable to conditional use permits and criteria for conditional uses before approving in
principle a preliminary development plan. The council may, upon the finding that unique
or special circumstances exist with regard to the preliminary development plan, consider
specific deviations from the requirements of this chapter provided conditions are placed on
the PUD to assure that it will be designed and operated in accordance with goals and
objectives of this chapter.
• Eagle City Code Section 8-7-3: Conditional Use Permit:
8-7-3-2: General Standards for Conditional Uses:
The commission/council shall review the particular facts and circumstances of each proposed
conditional use in terms of the following standards and shall find adequate evidence showing
that such use at the proposed location:
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A. Will, in fact, constitute a conditional use as established in section 8-2-3 of this title for the
zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the comprehensive plan and/or this title;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighboring uses;
E. Will be served adequately by essential public facilities and services such as highways,
streets,police and fire protection, drainage structures,refuse disposal, water and sewer and
schools; or that the persons or agencies responsible for the establishment of the proposed
use shall be able to provide adequately any such services;
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and 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;
H. Will have vehicular approaches to the property which shall be so designed as not to create
an interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-1-6: Rules and Definitions:
LARGE SCALE DEVELOPMENT: A subdivision, the size of which consists of fifty(50)or more lots
or dwelling units.
• Eagle City Code Section 9-2-3: Preliminary Plat:
E. Approval Period:
1. Failure to file an application with and obtain the certification of the acceptance of the
preliminary plat by the zoning administrator within one year after the date on which action
was taken by the city council shall cause all approvals of said preliminary plat to be null and
void.
A maximum twelve(12)month extension of the time limit on the approved preliminary plat
may be granted by the city council, at its sole discretion, if the following findings are made:
a. There are no outstanding city code or plat approval violations on the subject property. If
such violations exist,they may be conditioned by the city council to be cured as a
condition of the extension of time;
b. The preliminary plat, as previously approved, remains in the best interests of the health,
safety, and general welfare of the city;
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c. There have been no significant changes to this code between the date of preliminary plat
approval and the application date of the time extension request that would require
substantial modifications to the project;
d. There are no hazardous conditions which have developed or have been discovered on the
project site;
e. The public facilities and services required for the project remain adequate;
f. The applicant has provided a viable and acceptable plan which demonstrates that the final
plat application will be filed within the year; and
g. The applicant has provided a schedule that depicts the anticipated timing for the filing of
the final plat application within the year.
4. Projects with approved phasing plans do not need time extensions, so long as the
construction of improvements do not cease for more than one year in any given phase.
5. In the event that the development of the preliminary plat is made in successive, contiguous
segments through an approved phasing plan in an orderly and reasonable manner, and
conforms to such segments, if submitted within successive intervals for one year, it may be
considered for final approval without resubmission for preliminary plat approval.
• Eagle City Code Section 9-2-4: Final Plat:
E. Approval Period: The final plat shall be filed with the county recorder within one year after the
date of written approval by the city council. Otherwise such approval shall become null and
void unless the subdivider, prior to said expiration date, applies for an extension of time and
such extension is granted by the city council.
1. A maximum twelve(12)month extension of the time limit of the approved final plat may be
granted by the city council, at its sole discretion, if the following findings are made:
a. There are no outstanding city code or plat approval violations on the subject property. If
such violations exist, they may be conditioned by the city council to be cured as a
condition of the extension of time;
b. The final plat, as previously approved,remains in the best interests of the health, safety,
and general welfare of the city;
c. There have been no significant changes to this code between the date of final plat
approval and the application date of the time extension request that would require
substantial modifications to the project;
d. There are no hazardous conditions which have developed or have been discovered on the
project site;
e. The public facilities and services required for the project remain adequate;
f. The applicant has provided a viable and acceptable plan which demonstrates how
recordation of the final plat will occur within the year; and
g. The applicant has provided a schedule that depicts the anticipated progress for
completion of the final plat within the year.
• Eagle City Code Section 9-3-1: Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions, improvements and
facilities done, constructed or made in accordance with said provisions shall comply with the
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minimum design standards set forth in this chapter and with all applicable requirements set forth in
title 8, chapter 6, "Planned Unit Developments", of this code; provided, however, that any higher
standards adopted by any highway district, the Idaho transportation department or health agency
shall prevail over those set forth herein.
• Eagle City Code Section 9-3-5: Lots:
Lots shall conform to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height and
area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from
the standards within section 8-2-4 of this code may be considered as part of the planned unit
development.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot
lines. Total easement width shall not be less than twelve feet(12'), except that lesser easement
widths,to coincide with respective setbacks, may be considered as part of the planned unit
development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet(12'), except that lesser
easement widths,to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code Section 9-3-7: Planting Strips and Reserve Strips:
Planting strips and reserve strips shall conform to the following standards:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed next to
incompatible features such as highways, railroads, commercial or industrial uses to screen the
view from residential properties and to provide noise mitigation for those residents. Such
planting strips/buffer areas shall be a minimum of twenty feet(20')wide unless a greater width
is required within section 8-2A-7 of this code. The landscape strip/buffer area shall not be a
part of the normal street right of way and shall comply with all landscape/buffer area
requirements within section 8-2A-7 of this code.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted within the above designated areas. A section within the
subdivision CC&Rs shall be created for the regulation of fences to this effect.
• Eagle City Code Section 9-4-1: Improvements Required:
Every subdivider shall be required to install the following public and other improvements in
accordance with the following conditions and specifications.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel, and
to provide safe, convenient and aesthetic alternative travel routes to common destinations such
as schools, parks, shopping centers, etc. The following factors will be considered in the
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placement of any pathway: the utility and need for a given pathway, impacts to existing
neighborhoods, compliance with the transportation/pathway network maps within the
comprehensive plan, pathway design as it relates to both crime prevention and function, and
the responsibilities of ownership, maintenance, and liability.
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways,the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet(6')to ten feet(10') in width.
Micropathways within subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum eight feet(8')wide and shall be located within a
sixteen foot(16')wide pedestrian access easement, however, in an area where low volume
pedestrian traffic is anticipated, the council may consider a reduction in pathway width to
six feet(6'). Regional pathways such as the Boise River greenbelt and pathways located
adjacent to major roadways shall be a minimum ten feet(10')wide and shall be located
within a twenty foot(20')wide pedestrian access easement.
3. A five foot(5')wide landscaped area/building and fence setback, as measured from both
edges of the paved path, shall be required, and will be owned by either the abutting
property owner(s) or a homeowners'association unless accepted by a public entity. The
five foot(5')wide landscaped area on either side of the pathway may be decreased to a
minimum of two feet(2')wide (as measured from the edge of asphalt to the easement line)
when used in conjunction with a meandering pathway, however,the total width of the
landscape area shall not be less than ten feet(10') (i.e., 2 feet on one side of the path and 8
feet on the other). For safety purposes, planting material in this area is limited to three feet
(3') in height. The landscape, fence and building regulations for this area shall be indicated
by a note on the plat.
6. In order to design for crime prevention, the following design standards will be followed:
a. The use of"see through", open fencing, such as wrought iron, is preferred, as it
provides better visibility from adjacent homes or buildings. Solid fencing is
prohibited.
E. Responsibility: The following provisions are intended to provide guidance to those entities that
are responsible for construction,maintenance and/or liability for a pathway. Installation costs,
which may include construction of the paved path, are the responsibility of the developer.
1. Homeowners'Association:
a. Pathway systems within a proposed subdivision providing access to private common
space and/or other amenities that are used solely by the residents of a subdivision shall
be the responsibility of the homeowners' association.
b. Where the residents of a subdivision will be the primary beneficiaries of a pathway,
and travel from adjoining neighborhoods will be minimal, a homeowners' association
may be required to take responsibility for that path.
• Eagle City Code Section 9-4-1-7: Bicycle Pathways:
A bicycle pathway system shall be provided within all subdivisions as part of the public right of
way, within a common area, or separate easement, as may be specified by the city council.
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• Eagle City Code Section 9-4-1-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for the
protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats shall
show the location of all buffer areas.
• Eagle City Code Section 9-5-4: Planned Unit Development Subdivisions:
A planned unit development is a mechanism by which the city may permit a variety in type,
design, and arrangement of structures; and enable the coordination of project characteristics with
features of a particular site in a manner consistent with the public health, safety and welfare. A
planned unit development allows for innovations and special features in site development,
including the location of structures, conservation of natural land features, conservation of energy
and efficient utilization of open space. Large scale developments as defined herein shall be
submitted as planned unit developments.
• Eagle City Code Section 9-5-4-3: Site and Structure Requirements:
F. Open Space: The location of open space shall be appropriate to the development and shall be
of such shape and area to be usable and convenient to the residents of the development.
• Eagle City Code Section 9-5-5: Large Scale Development; Required Information:
Large scale development subdivisions proposed within the R-2,R-3, R-4, and MU zoning districts
shall be submitted as planned unit developments. Due to the impact that a large scale development
would have on public utilities and services,the developer shall submit the following information
along with the preliminary plat:
A. Identification of all public services that would be provided to the development including, but
not limited to, fire protection, police protection, central water, central sewer, road construction,
parks and open space, recreation,maintenance, schools and solid waste collection;
B. Estimate of the public service costs to provide adequate service to the development;
C. Estimate of the tax revenue that will be generated from the development; and
D. Suggested public means of financing the services for the development if the cost for the public
services would not be offset by tax revenue received from the development.
D. DISCUSSION:
• The Comprehensive Plan delineates three land use designation for this property: High Density
Residential, Transitional Residential, and Residential Two.
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Residential
Two
Transitional
v:120-4
City of Eagle Land Use Map
(Adopted February 3,2011)
• 10-acres (7.6%) of the site is designated High Density Residential. Based on a density of six (6)
dwelling units per acre the total number of dwelling units allowed would be 60-dwelling units.
51.4-acres (36.6% of the site) is designated as Transitional Residential and is intended to provide
an area that allows for a gradual decrease in density between the high density residential
designation located along State Street and the Residential Two designation further north. Based on
a density of three (3) dwelling units per acre the total number of dwelling units allowed would be
154-dwelling units.
81-acres (55.7% of the site) is designated as Residential Two with a maximum density of two (2)
units per acre. Based on a density of two (2) dwelling units per acre the total number of dwelling
units allowed would be 162-dwelling units.
Combining the total number of dwelling units for the overall site the number of dwelling units that
would be allowed is 376. The applicant is proposing 371-dwelling units with an overall density
for the entire development of 2.61-dwelling units/acre.
• The applicant has submitted a rezone, development agreement modification, preliminary
development plan and conditional use permit for a planned unit development, and preliminary plat
applications for a redesign of the originally approved Eaglefield Estates Planned Unit
Development. The applicant is requesting that the area currently zoned R-3-DA-P (Residential up
to three units per acre with a development agreement-PUD) and the area south of the Middleton
Canal currently zoned R-2-DA-P (Residential up to two units per acre with a development
agreement - PUD) be rezoned to R-4-DA-P (Residential up to four units per acre with a
development agreement- PUD). The applicant is also requesting the area north of the Middleton
Canal currently zoned R-2-DA-P (Residential up to two unit per acre with a development
agreement - PUD) be rezoned to R-3-DA-P (Residential up to three units per acre with a
development agreement-PUD).
• Eaglefield Estates Planned Unit Development was originally approved as a 369-lot (312-single
family lots, 15-four-plex lots, and 41-common lots, 1-well lot) residential subdivision. The
executed development agreement (instrument # 106057136) associated with the development
contains a condition of development that limits the overall density of the development to 2.61-
dwelling units per acre (312 single family lots and 15 four-plex lots). The 312 single-family lots
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plus the 15 four-plex lots is the equivalent of 372-dwelling units. The proposed density with The
Preserve Planned Unit Development of 371-dwelling units is commensurate with the 372-dwelling
units approved for the Eaglefield Estates Planned Unit Development.
The applicant previously applied for, and received approval of, a modification of the existing
development agreement associated with the site to eliminate the requirement of constructing four-
plex multi-family residential dwellings within the area located south of Escalante Drive (RZ-17-04
MOD2). The applicant is proposing to shift the remaining density associated with the four-plex
multi-family dwelling units (approximately 43-dwelling units) into the undeveloped portion of the
development north of Escalante Drive. Although the density is being transferred on the site further
to the north the overall impact on services will remain the same since the proposed overall density
of the development remains unchanged.
• The applicant provided a narrative, date stamped by the City on January 24, 2011, which indicated
that the neighborhood design was modified to create a more diversified residential community that
will appeal to a larger group of homebuyers. The modified development will allow the developer
to provide an assortment of housing styles and lot sizes with the intention of reviving the
neighborhood by appealing to several different types of homebuyers. The development will
contain approximately 32.4-acres (excluding canal lots) which is 22.7% of the overall
development. The open space will consist of an interconnected series of ponds and parks along a
pathway system. The applicant is also proposing to construct a swimming pool complex and pool
house within an open space lot. Also, other open space lots will contain play equipment and picnic
facilities. Pursuant to Eagle City Code, a minimum of 50% of all lots should be designed to be
adjacent to, or at a minimum, have direct access to common area open space. With this proposal
approximately 67.9% of the homes are either adjacent to or have direct access to open space. The
proposed development is in conformance with Eagle City Code with regard to the percentage of
lots that have direct access to open space. However, the preliminary plat date stamped by the City
on March 15, 2011, does not show any pathway connection from Lot 1, Block 26 to the north.
There is a section of residential lots adjacent to West Rosslare Drive that do not have direct access
to open space. The applicant should provide a revised preliminary development plan/preliminary
plat showing an additional north-south pathway connection located approximately mid-block
(Block 28) between West Steadmore Drive and West Rosslare Drive in alignment with Lot 1,
Block 26. The revised preliminary development plan/preliminary plat should be provided prior to
the City Council approval of a future final development plan/final plat.
• The City received an email from the applicant, date stamped by the City on June 3, 2011, which
provided a schedule of development timeline and a phasing exhibit for the development of The
Preserve Planned Unit Development. The schedule of development for Phases 3-8 are proposed to
be completed as two (2) phases in a given year to be completed bi-annually. Phases 7-8 are
proposed for development in the spring of 2017. Pursuant to Eagle City Code unless a final plat
application is filed within one (1) year after the date the City Council action was taken the
preliminary plat will become null and void. Phased subdivisions do not need time extensions
provided the construction of improvements do not cease for more than one year in any given
phase. Also, pursuant to Eagle City Code, if the development is constructed in an orderly and
reasonable manner, conforms to the phasing plan, and is submitted in successive intervals for one
(1) year, the preliminary plat may be considered for final approval without resubmission for
preliminary plat approval. Once a final plat application is filed with the city and the final plat is
approved the applicant has one(1)year to record the final plat. Based on the submitted schedule of
development timeline it appears that the schedule of development between some phases will
exceed the one (1) year expiration timeframe. The applicant has indicated within the email that the
dates of development are only an estimate and are subject to change based on market conditions.
Since the applicant is proposing the timing of development to extend longer than what is
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permitted, pursuant to Eagle City Code, a condition of development should be incorporated into
the development agreement to address the proposed timing based on the submitted plan. Based on
the proposed schedule of development timeline all final plat applications submitted in compliance
with the approved preliminary plat phasing plan should be submitted in an orderly and reasonable
manner in intervals not to exceed eighteen (18) months following the recordation of the preceding
final plat. Such final plat applications should be considered for final approval without
resubmission of the preliminary plat for approval. Any final plat should be recorded within
eighteen (18) months following Eagle City Council action on the final plat; provided however,
Eagle City Council may approve the extension of such eighteen (18) month period, which
approval should not be unreasonably withheld, for a period of time not to exceed two (2) years to
facilitate the completion of improvements required by the applicable sections of Eagle City Code.
As part of its consideration to extend the time frame in this Section, Eagle City Council may
require the applicant to adhere to subdivision ordinances and resolutions in effect at the time the
extension is requested.
• The applicant has provided elevations showing several typical house styles for the development
with "Craftsman", "Americana", and "Ranch" styles of architecture. Although there are several
house styles shown with variations of those styles further additional standards should be placed in
the CC&R's to ensure that a specific house style does not become monotonous in any given area.
• Several of the residential lots are located adjacent to common lots. Pursuant to past actions by the
City Council, open fencing such as wrought iron has been required adjacent common lots to
increase the open feel of the area and reduce the closing off of reduced size lots. All fencing
adjacent to common space (with the exception of pathway lots) should be open fencing
constructed of wrought iron or similar material reviewed and approved by the Eagle Design
Review Board and the Eagle City Council.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested rezone with
development agreement, conditional use permit, preliminary development plan, and preliminary
plat for The Preserve Planned Unit Development with conditions to be placed within a
development agreement and subdivision site specific conditions of approval and standard
conditions of approval, all as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 20,
2011, 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 this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by one (1) individual
representing the bank that owns the adjacent property located east of Eaglefield Estates Subdivision.
The individual indicated that Escalante Drive (which provides access to Eaglefield Estates
Subdivision) was located on an easement instead of a dedicated right-of-way. Upon the foreclosure of
the adjacent property the bank eliminated the easement that Escalante Drive was located within. The
individual indicated that Escalante Drive, which provides access to Eaglefield Estates Subdivision, is
now a private road and the property owners within Eaglefield Estates Subdivision do not have
approved access at this time.
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COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• They are concerned with the closure of Ecalante Drive (residential collector) between the
development and Linder Road. They also voiced their concern regarding the amount of
traffic that will use Rosslare Court to access Linder Road. They recognize the fact that
Ada County Highway District has restricted the number of homes that may be constructed
until such time additional access to the development is provided.
• They indicated that the open space and design of the development will be a nice amenity
for Eagle.
COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 4 to 0 (Villegas absent) to recommend approval of RZ-01-01 for a rezone
from R-3-DA-P (Residential up to three units per acre with a development agreement—PUD) and R-
2-DA-P (Residential up to two unit per acre with a development agreement — PUD) to R-4-DA-P
(Residential up to four units per acre with a development agreement — PUD) and R-3-DA-P
(Residential up to three units per acre with a development agreement— PUD) and a modification to
the development agreement for Coleman Homes, LLC, by amending and restating the original
development agreement (recorded as Instrument No. 106057136) and development agreement
modification (recorded as Instrument No. 109031309)to read as follows:
FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This First Amended and Restated Development Agreement ("Development Agreement" or
"Agreement"), made and entered into on the date as indicated herein, by and between the City of Eagle, a
municipal corporation in the State of Idaho ("Eagle"), by and through its Mayor, and The Preserve, LLC,
("Owner"). Upon recordation of this Development Agreement, that certain Development Agreement
recorded in the real property records of Ada County, Idaho, on April 13, 2006, as instrument number
106057136 (the "Original Development Agreement") and the Development Agreement Modification
recorded in the real property records of Ada County, Idaho, on March 19, 2009, as instrument number
109031309 (the "Original Development Agreement Modification") shall be void and of no further force or
effect.
WHEREAS, the Owner is the developer of certain real estate located north of Highway 44 and
west of Linder Road in Eagle, Idaho ("Property"), as specifically defined in the attached legal description
(Exhibit A), which is the subject of an application for a Planned Unit Development identified as
Preliminary Development Plan and Conditional Use Permit Application for Planned Unit Developments
Applications No. PPUD-01-11 and CU-01-11; and
WHEREAS, a portion of the Property is the subject of an application for Rezone identified as
Rezone Application No. RZ-01-I 1; and
WHEREAS, on January 24, 2006, the City Council of Eagle approved applications for the
development of Eaglefield Estates, including annexation, rezone, conditional use, preliminary development
plan, preliminary plat, and vacation of right-of-way; and
WHEREAS, the prior owner of the Property, Eaglefield, LLC, and Eagle entered into a
Development Agreement dated March 27, 2006 and recorded April 13, 2006 in the real property records of
Ada County, Idaho as Instrument No. 106057136 ("Original Development Agreement"); and
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WHEREAS, on February 13, 2007, the City Council of Eagle approved a final development plan
and final plats for Eaglefield Estates Subdivision Nos. 1 and 2; and
WHEREAS, Eaglefield, LLC and Eagle entered into a Development Agreement Modification
dated March 18, 2009 and recorded March 19, 2009 in the real property records of Ada County, Idaho as
Instrument No. 109031309 ("Original Development Agreement Modification"); and
WHEREAS, on March 22, 2011, the City Council of Eagle approved a combined preliminary
plat/final plat to resubdivide a portion of the Property as Eaglefield Estates Subdivision No. 2 and a
vacation of shared access/common driveway easements within Eaglefield Estates Subdivision No. 1; and
WHEREAS, the Property is currently zoned R-2-DA-P, R-3-DA-P, R-4-DA-P, and MU-DA-P;
and
WHEREAS, the Owner desires a R-3-DA-P, R-4-DA-P and MU-DA-P zoning classification to
develop a single-family residential development on the Property; and
WHEREAS,the Planning and Zoning Commission and the City Council of Eagle have determined
that the scope of the proposed project upon the Property must be limited with the use of a development
agreement to prevent undue damage to,and to otherwise be in harmony with,the existing community;and
WHEREAS, the intent of this Development Agreement is to protect the rights of Owner's use and
enjoyment of the Property while at the same time limiting any adverse impacts of the development upon
neighboring properties and the existing community and ensuring the Property is developed in a manner
consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, the Owner has agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to a R-3-DA-P, R-4-DA-P and MU-DA-P zoning
designation for the Property with the requirements set forth in this Development Agreement; and
WHEREAS, the Owner has provided Eagle with an affidavit agreeing to submit the Property to a
Development Agreement (Exhibit E) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by
same; and
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference; and
WHEREFORE, the Owner and the City of Eagle desire to resolve the issues and concerns that
have arisen and for and in consideration of the mutual covenants contained herein, it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511A and Eagle City Code, Title 8, Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
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Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the
subject of the application to the R-3-DA-P and R-4-DA-P Districts, in accordance with Developer's
application, after recordation of, and subject to the provisions of this Development Agreement. The
ordinance will become effective after its passage, approval, and publication and the execution and
recordation of this Development Agreement.
ARTICLE III
CONDITIONS OF DEVELOPMENT
3.1 The maximum density for the Property shall be 2.61 dwelling units per acre (371 single-family lots).
3.2 The Owner shall complete the Design Review process for the site(as required by the Eagle City
Code), and shall comply with all conditions required by Eagle as a part of the Design Review prior to
issuance of a certificate of occupancy.
3.3 Owner will develop the Property subject to the conditions and limitations set forth in this Development
Agreement. Further, Developer will submit such applications regarding floodplain development
permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if
applicable, and any other applicable applications as may be required by the Eagle City Code, which
shall comply with the Eagle City Code, as it exists at the time such applications are made except as
otherwise provided within this Agreement.
3.4 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the Project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may
occur or be required. If the City, at its sole discretion, determines that any such changes to the Concept
Plan require additional public comment due to potential impacts on surrounding property or the
community, a public hearing shall be held on any proposed changes in the Concept Plan and notice
shall be provided as required by the City at that time.
3.5 The single-family dwellings shall be constructed in substantial conformance to"Craftsman",
"Americana", or"Ranch" styles of architecture as shown in Exhibit"C".
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&R's. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&R's, and shall be
reviewed and approved by the City prior to the approval of the first final plat.
The submittal of the building permit application to the City for each structure within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not be
accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not substantially conform to the design
requirements as shown on the Exhibit"C".
3.6 Final plat applications submitted in compliance with the approved preliminary plat phasing plan shall
be submitted in an orderly and reasonable manner in intervals not to exceed eighteen (18) months
following the recordation of the preceding final plat. (Such final plat applications shall be considered
for final approval without resubmission of the preliminary plat for approval). Any final plat shall be
recorded within eighteen (18) months following Eagle City Council action on the final plat; provided
however, Eagle City Council may approve the extension of such eighteen (18) month period, which
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approval shall not be unreasonably withheld, for a period of time not to exceed two (2) years to
facilitate the completion of improvements required by the applicable sections of Eagle City Code. As
part of its consideration to extend the time frame in this Section, Eagle City Council may require
applicant to adhere to subdivision ordinances and resolutions in effect at the time the extension is
requested.
3.7 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for maintenance of all community and privately owned
landscaping, pressurized irrigation facilities, parking lots, and amenities.
(b) All fencing adjacent to common space(with the exception of pathway lots) shall be open
fencing constructed of wrought iron or similar material to be reviewed and approved by the
Design Review and City Council.
(c) Language controlling the number of times a single elevation/design can be used within the
development and the proximity of similar elevation/designs to each other.
3.8 Prior to issuance of any building permits, the Owner shall provide proof of adequate sewer service to
the proposed residential uses in the form of a serviceability letter from Eagle Sewer District.
3.9 As required by Eagle City Code, Title 6, Chapter 5, the Property shall become part of Eagle's
municipal water system and comply with the terms of the September 13, 2005 Memorandum of
Agreement, as amended on April 3, 2008 (both of which are attached hereto as Exhibit D), and any
subsequent amendments. All water mains to be dedicated to the public shall only be constructed on
rights of way, easements, or publicly owned property. Easements or permits secured for main
extensions shall be obtained in the name of Eagle, along with all rights and title to the main, at the time
water service is prohibited. Water mains shall be extended by the owner to the boundaries of the
Property at locations where future water system extensions are expected to occur, as designated by the
City Engineer.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of the owner(s) of the Property is attached hereto and incorporated by reference herein that
agrees to subject the Property to this Development Agreement(Exhibit E)and be bound thereby, and
comply with and be bound by the provisions set forth in Idaho Code Section 67-6511A and Eagle City
Code Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE V
DEFAULT
5.1 In the event the Developer fails to comply with the commitments set forth herein, within thirty (30)
days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any
other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the
requirements contained in this Development Agreement or to terminate the Development Agreement
following the process established in Eagle City Code Section 8-10-1, provided, however, that in the
case of any such default that cannot with diligence be cured within thirty (30) days, then the time
allowed to cure such failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
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5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin
such default and to enforce the commitments contained in this Development Agreement, including
attorneys' fees and court costs.
5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1, use of the Property shall be limited to those uses allowed within an A-
R (Agricultural-Residential) zoning designation until Eagle enacts and records an ordinance changing
the Property to the A-R(Agricultural-Residential)zoning designation.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this Agreement
or the application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect and that
portion determined to be invalid or unenforceable shall be re-negotiated in good faith between Owner (or
other appropriate party)and Eagle.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution, the Development Agreement shall be recorded in the office of the County Recorder at
the expense of Owner. Each commitment and restriction on the development shall be a burden on the
Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other
residential property near the Property and shall run with the land. This Development Agreement shall be
binding on the Owner and owners, and their respective heirs, administrators, executors, agents, legal
representatives, successors, and assigns; provided, however, that if all or any portion of the development is
sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with
the property sold arising under this Agreement. The new owner of the Property or any portion thereof
(including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or
otherwise) shall be bound by and liable for all commitments and other obligations arising under this
Agreement with respect to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle
City Code Section 8-10-1.
8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning
and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not
constitute a portion of this Development Agreement. As used in this Development Agreement,
masculine, feminine or neuter gender and the singular or plural number shall each be deemed to
include the others wherever and whenever the context so dictates.
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8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the
State of Idaho in effect at the time of the execution of this Development Agreement. Any action
brought in connection with this Development Agreement shall be brought in a court of competent
jurisdiction located in Ada County,Idaho.
8.4 Legal Representation. Both the Owner and Eagle acknowledge that they each have been represented
by legal counsel in negotiating this Development Agreement and that neither party shall have been
deemed to have been the draftor of this Agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be
given by personal delivery, by mailing the same by registered or certified mail, return receipt requested
postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to
whom the notice is directed at the address of such party set forth below;
Eagle: City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Owner: The Preserve, LLC
1859 S. Topaz Way, Suite 200
Meridian, Idaho 83642
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after deposit
in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24) hours after
timely deposit with a reputable overnight delivery service.
8.6 Effective Date. This Development Agreement shall be effective upon the signing and execution of this
Agreement by both parties.
8.7 Authority to Enter Into Agreement: By the execution and delivery of this Agreement by the parties,
and the performance of their covenants and obligations therein, the parties acknowledge such action
has been duly authorized by all necessary corporate (or LLC)action, and necessary corporate (or LLC)
resolution(s) have been executed for the undersigned representatives to sign this Agreement and so
bind their respective parties.
8.8 Effect on Prior Agreements. Owner and Eagle desire and agree that this Development Agreement shall
amend and restate the Original Development Agreement and the Original Development Agreement
Modification, such that these prior agreements shall be wholly replaced and have no further effect
upon the effective date of this Development Agreement.
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COIVIIVIISSION DECISION REGARDING THE PLANNED UNIT DEVELOPMENT AND
PRELIMINARY PLAT:
The Commission voted 4 to 0 (Villegas absent) to recommend approval of The Preserve Planned
Unit Development (CU-01-11/PPUD-01-11/PP-01-11) for Coleman Homes, LLC, with the
following staff recommended site specific and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-01-11.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all outstanding Engineering and Legal fees
incurred by the City in obtaining a review of this project upon receipt of an invoice(s) by the City.
(ECC 9-2-3 [C] [3] [1])
4. The applicant shall provide a revised preliminary development plan/preliminary plat showing an
additional north-south pathway connection located approximately mid-block (Block 28) between
West Steadmore Drive and West Rosslare Drive in alignment with Lot 1, Block 26. The revised
preliminary development plan/preliminary plat shall be provided prior to the City's acceptance of
the first final development plan/final plat application.
5. The applicant shall place a note on the final plat that states that all common areas are to be owned
and maintained by the The Preserve Homeowner's Association. The applicant shall provide a copy
of the CC&Rs (which include a similar statement regarding the common areas) for review and
approval by the City attorney prior to the approval of the final plat for phase one. The CC&Rs for
the The Preserve Homeowner's Association shall provide that the association shall have the duty
to maintain and operate all of the common landscape areas in the subdivision in a competent and
attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in
accordance with Eagle City Code, in perpetuity. (ECC 9-3-8[D][4])
6. The entire Preserve Planned Unit Development shall remain under the control of one
Homeowner's Association. (ECC 9-3-8[D][4])
7. The architectural styles provided by the applicant shall be the required architectural styles for the
development. Photo examples of the above descriptive language, are attached as Exhibit"C"of the
development agreement are incorporated herein by reference. To assure compliance with this
condition, the applicant shall create an architectural control committee (ACC) as a component of
the subdivision CC&R's. Provisions regarding the creation and operating procedures of the ACC
shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to
the approval of the final plat for phase one. (ECC 9-6-5-5[A]([2])
8. The submittal of the building permit application to the City for each home within the development
shall be accompanied by an approval letter from the Architectural Control Committee (ACC).
Building permits applications that do not have an approval letter attached will not be accepted.
9. To assure compliance with the PUD conditions of approval herein, the City reserves the right to
deny, at its discretion, any building permit application that does not meet the architectural
requirements (as noted in the applicant's justification letter (Project Overview) and as required in
site specific condition of approval#7 above)of the PUD.
10. The CC&R's shall include language controlling the number of times a single elevation/design can
be used within the development and the proximity of similar elevation/designs to each other. The
CC&R's shall be reviewed and approved by the City Attorney prior to the approval of the first
final development plan/final plat associated with The Preserve Planned Unit Development.
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11. The applicant shall submit a design review application showing: 1) proposed subdivision signage,
2) planting details within the proposed and required landscape islands and knuckles and all
common areas throughout the subdivision 3) building elevations for all proposed common area
structures, irrigation pump house, and well house 4) landscape screening details of the irrigation
pump house, 5) useable amenities such as picnic tables, covered shelters, benches, playground
equipment, gazebos, and/or similar amenities. The design review application shall be reviewed and
approved by the Design Review Board prior to the submittal of a final plat application. (ECC 8-
2A-1)
12. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets within this
development. Trees shall be placed at the front of each lot on the side lot lines, or as approved by
the Design Review Board and within five-feet (5') of the edge of the roadway. Prior to the City
Clerk signing the final plat, the applicant shall either install the required trees, sod, and irrigation
or provide the City with a letter of credit for 150% of the cost of the installation of all landscape
and irrigation improvements within landscape strips. Trees shall be installed prior to obtaining any
occupancy permits for the homes. A temporary occupancy may be issued if weather does not
permit landscaping. (ECC 8-2A-7[E] and ECC 8-2A-18)
13. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City. A detailed landscape plan showing how the trees will be
integrated into the open space areas or private lots (unless approved for removal by the the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a
final plat. The applicant shall have an on-site meeting with City staff to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to City staff's
direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site. (ECC 8-2A-7[C][1])
14. Provide a landscape plan showing berming, fencing, and planting details within the required 35-
foot wide buffer area with a minimum 5-foot high berm along N. Golden Crown Way for review
and approval by the Design Review Board prior to the submittal of a final plat application. (ECC
8-2A-7 [J][4][a])
15. Dimensional standards within the Property (except for Eaglefield Estates Subdivision No. 1
[Blocks 1-6] and Eaglefield Estates Subdivision No. 2 [Block 1]) shall be as follows:
Interior Street
Zone Coverage Min. Lot Size Frontage Front Rear Side* Side Width
•
R-3 40% 10,000 ft. 35 ft. 30 ft. 25 ft. 7.5 ft. ls`
+5 ft.2nd 20 ft. 75 ft.
R-4 40% 8,000 ft. 35 ft. 20 ft. 20 ft. 7.5 ft. lst
+5 ft. 2nd 20 ft. 60 ft.
*Note-Lots 4,5,7,8,9,10,11,12,16,17,22,23,and 24,Block 12, shall have a interior side setback of five feet
I (5')
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The following dimensional standards shall apply to Eaglefield Estates Subdivision No. 1 (Blocks 1-6)
and Eaglefield Estates Subdivision No. 2:
MU Zone(single-family detached)
Interior Street
Coverage Size Frontage Front Rear Side Side Width _
5 ft 1st+
40% 6,996 35 20 20 5 ft 2nd 20 50
R4 Zone(Block 3-6, Eaglefield Estates Subdivision No.1)
Interior Street
Coverage Size Frontage Front* Rear Side Side** Width
5 ft 1st+
40% 5,100— 8,200 35 20 20 2.5 ft 2nd 20 50
*The following lots shall have a 15' front yard setback:
Lots 4,6,8, and 10, Block 3
Lots 4,6,8,10,11,13,14,15,16, and 18, Block 4
Lots 1, 3, 5, 7, 9, and 11, Block 5
**The following lots shall have a 10' street side setback:
Lot 10, Block 3, Lots 11-12, Block 4, Lots 1 and 11, Block 5
All lots located on Blocks 3-5 shall be alley loaded.
All lots located within Block 6 of Eaglefield Estates Subdivision No. 1 shall be allowed front
yard setbacks of 15' to side loaded garages. Front loaded garages shall have a 20' setback.
16. All internal pathways shall be a minimum of eight feet(8') in width. (ECC 9-4-1-6 [D][1])
17. All fencing adjacent to a pathway, pedestrian path and/or open space easement shall not exceed 4-
feet in height. (ECC 9-4-1-6 [D])
18. All fencing adjacent to common space (with the exception of pathway lots) shall be open fencing
constructed of wrought iron or similar material reviewed and approved by the Design Review
Board and the City Council.
19. The side setback(that side adjacent to the pathway) for lots adjacent to interior pathways shall be
15-feet minimum.
20. All fencing adjacent to common space(with the exception of pathway lots)shall be open fencing
constructed of wrought iron or similar material to be reviewed and approved by the Design Review
Board and City Council.
21. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat. (ECC
9-4-1-2)
22. Any stub street which is expected to be extended in the future shall be provided with a sign
generally stating that, "This Street is to be extended in the future."(ECC 9-4-1-2)
23. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
24. The applicant shall install at the entrances to The Preserve Planned Unit Development 4' x 4'
plywood or other hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs
being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud
music, and no dogs off leash.
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25. Comply with the requirements of all drainage district and irrigation districts.
26. All water mains to be dedicated to the public shall only be constructed on rights of way, easements
or publicly owned property. Easements or permits secured for main extensions shall be obtained
in the name of the City, along with all rights and title to the main at the time of service is provided
to the customer paying for the extension. Water mains shall be extended by the applicant to the
boundaries of the development at locations designated by the City Engineer where future water
system extension is expected to occur. (ECC 6-5-22 and ECC 6-5-23)
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
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plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their
property; and(3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
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d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities,the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable)prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
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28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council(ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3)prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky"concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet
above the ground)noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 6:00 PM, Wednesday,
November 10, 2011, in compliance with the application submittal requirement of Eagle City Code.
The applications for this item were received for this item by the City of Eagle on January 24, 2011.
2. 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 May 30, 2011. Notice of this public hearing was mailed to property owners within three-
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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 May 27, 2011. Requests for agencies' reviews were
transmitted on January 28, 2011 in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with the Eagle City Code on June 9 and 10, 2011.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone with a
development agreement (RZ-01-11) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
applications are in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation complies of R-3-DA-P (Residential up to three units per acre
with a development agreement—PUD) and R-4-DA-P(Residential up to four units per acre with a
development agreement— PUD) is consistent with the Transitional Residential and Residential
Two designation as shown on the Comprehensive Plan land Use Map; and
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are required to be provided,
to serve a single-family dwelling residential subdivision on this property under the proposed
zone;
c. The proposed R-3-DA-P (Residential up to three units per acre with a development agreement—
PUD) and R-4-DA-P (Residential up to four units per acre with a development agreement—PUD)
zoning districts are compatible with the R-2-DA-P (Residential up to two units per acre with a
development agreement — PUD) zone and land use to the north since this area is designated
Residential Two in the Comprehensive Plan and is developed in the same manner as the
proposed development; and
d. The proposed R-3-DA-P (Residential up to three units per acre with a development agreement—
PUD) and R-4-DA-P (Residential up to four units per acre with a development agreement—PUD)
zoning districts are compatible with the R-2-DA-P (Residential up to two units per acre with a
development agreement— PUD) zone and land use to the south since this area is designated as
Transitional Residential and Residential Two in the Comprehensive Plan and is developed or
could be developed in the same manner as the proposed development; and
e. Then proposed R-3-DA-P (Residential up to three units per acre with a development agreement—
PUD) and R-4-DA-P (Residential up to four units per acre with a development agreement—PUD)
is compatible with the R-2-DA-P (Residential up to two units per acre with a development
agreement — PUD) zone, R-2 (Residential up to two units per acres with a development
agreement) zone, and RUT (Rural Urban Transition - Ada County designation) zone and land
uses to the east since these areas are designated Residential Two in the Comprehensive Plan
and are either proposed to be developed in the same manner or are developed in the same
manner sometime in the future; and
f. The proposed R-3-DA-P (Residential up to three units per acre with a development agreement—
PUD) and R-4-DA-P (Residential up to four units per acre with a development agreement—PUD)
zone is compatible with the R-2-DA-P (Residential up to two units per acre with a development
agreement — PUD) zone and RUT (Rural Urban Transition - Ada County designation) zone
and land use to the west since this area is designated as Transitional Residential and
Residential Two in the Comprehensive Plan and is developed or could be developed in the
same manner as the proposed development; and
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
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4. The Commission reviewed the particular facts and circumstances of this proposed rezone, conditional
use permit, preliminary development plan, and preliminary plat (CU-O1-11/PPUD-01-11/PP-O1-11)
and based upon the information provided concludes that the proposed development is in accordance
with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. 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.
The intent of The Preserve PUD is to provide a development with a transition of lot sizes,
variety of single housing types, and usable open space with pathways interconnected with
adjacent development; and
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 Preserves PUD is designed to not exceed the total allowed density in the overall
development. The proposed development provides a transition of varying lot sizes to the
adjacent development and provides a variety of housing types to blend in with the adjacent
development and future development; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
The development will have access to Linder Road through a local street and access to a
collector (West Signature Drive) north of the site and eventually access to North Linder Road
from a collector (West Escalante Drive) east of the site. The site will be served by central
water and sewer; and
d. 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.
No major impacts are expected as this development should only develop normal traffic
patterns that would be related to a residential subdivision development. The proposed
dwelling units on the site will be compatible with existing residential units in the area; and
e. 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.
All central services are available to be extended to the site, as noted within the letters provided
by the agencies having jurisdiction over the site. Development of sewer, water, drainage,
streets and other urban services will be provided at the developer's expense.
f. That the development will not create excessive additional requirements at public cost for
public facilities and services.
All public facilities and services are supplied by the developer and must be approved at the
time of installation and before acceptance by the sewer,water or highway district.
g. 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.
The development plan was designed with consideration given to usable open space,
community club house, pool, pond,tot lots, and pedestrian pathways.
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h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
The development will include stub streets to the adjacent parcels of this development which
will provide intra-neighborhood connectivity upon further development of said property.
Access to the development will be from Linder Road the design and construction of the
roadways and entrances is guided by the Ada County Highway District.
That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
No natural, scenic, or historic features of major importance are known to exist on the site.
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 proposed development fits well with the Comprehensive Plan since the Plan calls for High
Density Residential (6+units per acre), Transitional Residential and Residential Two(up to 2
units per acre) and will provide a variety of housing types to accommodate residents with
varying lifestyle needs.
k. 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.
This application requests approval for a preliminary development plan and conditional use
permit as outlined in Eagle City Code and satisfies those requirements as well as will be
required to meet the conditions herein. In addition, the developer will be required to submit
an application for design review and comply with all Eagle City Codes and conditions of
approval of the design review.
1. 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.
Residential is the only use approved for this development.
In case of large—scale PUDs (incorporating fifty (50) or more lots or dwelling units):
m. 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.
The public services that would be provided to the development include the following:
Fire Protection
The development is located within the boundaries of the Eagle Fire District and the District
has a fire station located less than a mile from the development.
Police Protection
The project will be served by the Eagle Police Department.
Water Service
The project will be served by City of Eagle Municipal Water Service. The site contains a City
of Eagle municipal water well and the applicant is required to dedicate a lot containing the
well to the city. The water infrastructure will be constructed at the developer's expense.
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Sewer
The project is located within the boundaries of the Eagle Sewer District. Prior to the developer
installing the required sewer the developer will be required to comply with the District
requirements.
Road Construction
The construction of all roads within the development will be completed by the developer.
Upon completion,the roads will be dedicated to the Ada County Highway District.
Parks and Open Space
The development will contain over 20% of passive and active open space providing the
residents a variety of recreation options from which to choose. A system of interconnected
pathways will provide residents a safe and efficient way to move throughout the development.
The project will also generate park impact fees to be utilized for the creation of additional
parks or add new equipment to existing parks within the City of Eagle.
Maintenance
The maintenance of any private open space areas will be regulated by The Preserve Home
Owner's Association. The roads, sewer, and water infrastructure will be publicly owned and
maintained by the respective agencies.
Schools
The Preserve is located within the Joint School District No. 2 district boundaries. Elementary
age children will be required to attend Star Elementary School. Eagle Middle School and
Eagle High School will provide the secondary education needs for the children within the
development. Galileo Magnet School and North Star Charter School are located less than a
mile from the proposed development. Joint School District No. 2 has also acquired land west
of Highway 16. The site west of Highway 16 is sized to accommodate a future elementary,
middle, and high school.
Solid Waste Collection
Solid waste collection is provided by Allied Waste through a contract with the City of Eagle.
n. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
The development will not create excessive additional requirements at public cost for public
facilities and services because the facilities and services will be constructed at the expense of
the developer as conditioned within the approval.
o. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
The estimated tax revenue generated to the City of Eagle from the development at build-out is
$97,855/annually.
P. 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 extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. Because the developer provides the services in the initial
stages of development the public service providers avoid potential liability and expenses.
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DATED this 5th day of July, 2011
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Derek Smith, Cha an
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Sharon K. Bergmann, Eagle City Cler,, > n \ 1P • 7
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