Findings - PZ - 2020 - A-05-20/RZ-06-20/CU-04-20/PPUD-02-20/PP-03-20 - Mosscreek Sub - 5806 W State St 64 Lot Residential Planned Unit Development BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
AN ANNEXATION AND REZONE FROM RUT )
(RURAL-URBAN TRANSITION—ADA COUNTY )
DESIGNATION)TO R-5-DA-P(RESIDENTIAL )
WITH A DEVELOPMENT AGREEMENT—PUD), )
CONDITIONAL USE PERMIT,PRELIMINARY )
DEVELOPMENT PLAN,AND PRELIMINARY )
PLAT FOR MOSSCREEK SUBDIVISION FOR )
URBAN SOLUTIONS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-05-20/RZ-06-20/CU-04-20/PPUD-02-20/PP-03-20
The above-entitled annexation,rezone with a development agreement, conditional use permit, preliminary
development plan and preliminary plat applications came before the Eagle Planning and Zoning
Commission for their recommendation on October 19, 2020, at which time public testimony was taken
and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken
oral and written testimony, and having duly considered the matter, makes the following Findings of Fact
and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Urban Solutions, LLC, represented by Steve Hart, is requesting an annexation, rezone from RUT
(Rural-Urban Transition — Ada County designation) to R-5-DA-P (Residential with a
development agreement — PUD), conditional use permit, preliminary development plan, and
preliminary plat approvals for Mosscreek Subdivision, a 64-lot (56-buildable, 8-common)
residential planned unit development.The 21.6-acre site,consisting of three(3)parcels, is located
at the west terminus of West Escalante Drive, south terminus of North Tempsford Way, and 5806
West State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall (Freedom Room)at 6:00 PM,on Thursday,
October 9, 2019, in compliance with the application submittal requirement of Eagle City Code.
The applications for this item were received by the City of Eagle on May 15, 2019. A revised
preliminary plat was received by the City of Eagle on August 19, 2020. A second revised
preliminary development plan/preliminary plat was received by the City of Eagle on September
17,2020. A revised landscape plan was received by the City of Eagle on October 7,2020.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on February 1, 2020, in accordance with the
requirements of the Eagle City Code. 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 October 2, 2020. Notice of this public
hearing was mailed to property owners within 1,500-feet of the subject property in accordance
with the requirements of Title 67,Chapter 65, Idaho Code and Eagle City Code on September 30,
2020. The site was posted in accordance with the Eagle City Code on October 8,2020.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Compact Residential, RUT(Rural-Urban Vacant parcels
Transition Overlay, and Transition—Ada County
Scenic Corridor designation)
Proposed No Change R-5-DA-P(Residential Single-family residential
with a development planned unit development
agreement—PUD)
North of site Compact Residential R-4-DA-P(Residential Single-family residential
with a development subdivisions(Eaglefield
agreement—PUD) Estates Subdivision No. 1
and The Preserve
Subdivision No. 3)
South of site Compact Residential RUT(Rural-Urban Single-family residence and
Transition—Ada County agriculture
designation)
East of site Compact Residential MU-DA(Mixed Use Single-family residential
with a development subdivision(Eaglefield
agreement[in lieu of a Village Subdivision)
PUD])
West of site Neighborhood RUT(Rural-Urban Single-family residence and
Residential Transition—Ada County agriculture
designation)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site—21.6-acres
Total Number of Lots—64
Residential—56
Commercial—0
Industrial—0
Common—8
Total Number of Units—56
Single-family—56
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 2.59-dwelling units per acre 2.59-dwelling units per
acre(as limited within the
development agreement)
Minimum Lot Size 6,156-square feet* 7,000-square feet
Minimum Lot Width 55-feet 70-feet
Minimum Street Frontage 40-feet 35-feet
Total Acreage of Common Area 7.26-acres 4.32-acres minimum
Open Space
Percent of Site as Common Area 33.6% 20%
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.
* A reduction in minimum lot sizes may be permitted within a Planned Unit Development with an
offsetting increase in open space.
GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is not proposing a landscape buffer along West Escalante Drive which will function
as a residential collector.
Open Space:
The open space consists of eight(8)common lots. The larger common lots(Lot 1,Block 1,Lot 1,
Block 4, and Lot 1, Block 6) contain drainage infrastructure and the Middleton Mill Irrigation
Lateral. A portion of Lot 1, Block 4, is proposed with a pathway which will be located on the
north side of West Escalante Drive.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so
graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff
shall cross any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide, except
that lesser easement widths,to coincide with respective setbacks,may be considered as part of the
planned unit development.
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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)—Yes
The home which has been removed was served by a septic system.
Preservation of Existing Natural Features:
The applicant will be required to retain the existing trees on site or mitigate for removal of the
trees.
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:
Public Streets:
The proposed public streets are to be constructed as shown on the street sections contained within
the preliminary development plan/preliminary plat, date stamped by the City on September 17,
2020.
Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500': None.
Cul-de-sac Design:
One cul-de-sac is proposed:
• North Carpe Diem Place: 155-feet in length, 50-foot radius(measured to back-of-curb).
Sidewalks:
A detached 5-foot wide concrete sidewalk is proposed abutting the planter strips on both side of
the interior public roadways. The detached sidewalks are proposed to be located within the
buildable lots outside of the right-of-way area with the exception of the sidewalks located within
the common lots.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a"Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
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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
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes — located along the irrigation canal and the residential dwelling which was
removed(5806 West State Street)
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated September 15,2020,are of special
concern(attached to the staff report).
City of Eagle Water Superintendent: All comments within the City Water Department's memo
dated January 27,2020,are of special concern(attached to the staff report).
City of Eagle Museum of History/Curator
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent's memo dated June 22,2020,are of special concern(attached to the staff report).
Ada County Highway District
Ballantyne Ditch Company
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Idaho Fish and Game Department
Sawtooth Law Office,PLLC
Q. LETTERS FROM THE PUBLIC:None received to date.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant provided correspondence, date stamped by the City on October 7, 2020, which
indicated the development will be constructed in two (2) phases. Phase #1 is proposed for
construction during the fall/winter of 2020 with paving to occur in March. Phase #2 is proposed
as sewer service allows.
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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.
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 cases of large-scale PUDs(incorporating fifty(54) 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.
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16. That suggested public (or private)means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Compact
Suitable for single family residential, row houses, duplex, and four-plexes. Densities range from 4
units per acre to 8 units per acre.
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls. This designation includes the Willow Creek
Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration,regional trails and connectivity.
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses.
Commonly requires a transition/change in density, lot sizing, and building scaling with a specific
parcel or project. Base densities may be reduced or units may be clustered to increase open space
within a portion of a site when property is in this overlay. Neighborhood design will be paramount in
this overlay to ensure appropriate transition between uses. See specific planning areas for further
description.
CHAPTER 6: LAND USE
6.5.1 Park Lane Uses:
G. The area located northwest of Linder Road and State Street intersection is designated as
compact residential to provide for apartments, town homes and patio homes, and
transitioning northward to neighborhood residential (up to 1-2 units per acre). Internal
circulation is essential to the development of this area; a frontage road(Escalante Drive)
should be extended from Linder Road west to the intersection of Moon Valley Road and
State Highway 44. Uses should focus on Escalante Drive(not State Street)with berming
and wide setbacks to be used to buffer the residential uses from State Highway 44.
Escalante Drive should not be allowed to have front on housing.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section: Rules and Definitions:
OPEN SPACE: A common area platted as a separate lot(except for the portion of the 8 foot wide
landscape strip located adjacent to and within the public right of way of a local street),
substantially open to the sky,exclusive of streets, commercial and residential buildings, and shall
be designated and intended as a usable and convenient amenity for the residences of any proposed
development.
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OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic fields,
buildings or structures for recreational activities including picnic areas, community garden,
courses or courts, children's play area, dog play area, and pathways,excluding passive open space
areas. Landscape buffer areas not required pursuant to subsection 8-2A-7J of this title may be
considered, in part, as active open space provided a pathway or other active amenity is located
within and incorporated into the buffer area. Up to fifteen percent(15%)of the total area of water
bodies(i.e.,ponds)within a development may be considered active open space provided there is a
finding that the ponds employ active recreation capabilities such as fishing, rafting,canoeing, and
the like.
• Eagle City Code Section 8-2-1: Districts Established,Purposes and Restrictions:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre. Multi-
family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning
districts, unless approved as part of a planned unit development (PUD). Centralized water and
sewer facilities are required for all subdivision and parcel division applications submitted after
the effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R-E).
Whenever there is a conflict or difference between the provisions of this section and those of
other chapters and/or other titles, the chapter or title with the more restrictive provision shall
prevail.
P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation
noted on the official zoning map of the city (i.e., R-4-P), indicates that the development was
approved by the city as a planned unit development. Density transfers may have been permitted
as a part of the overall development.
DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted
on the official zoning map of the city (i.e., C-2-DA), indicates that the zoning was approved by
the city with a development agreement. Specific provisions, as may have been incorporated
within the development agreement,are applicable to development within this zoning designation.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks
Note Conditions A To E* Maximum Minimum Lot
Zoning Lot Area Minimum
District Maximum Front Rear Interior Street Covered F (Acres Or Square Lot
Height Side Side And J* Feet)H* Width I* 'r
R-5 35' 20' 25' 7.5' 20' 40% 7,000 70' ;.
B. Additional 5 feet per story side setback is required for multi-story structures. Height not to
exceed maximum allowed within the zone.
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
• Eagle City Code Section 8-2A-7(J)(4)(a): Landscape 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
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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
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.
b. Any road designated as a minor arterial on the master street map typologies map in the
Eagle comprehensive plan:
A minimum of fifty feet (50') 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: five
(5)shade trees,eight(8)evergreen trees,three(3)flowering/ornamental trees,and twenty
four (24) shrubs. Each required shade 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 8-6-5-2:Common Area Open Space:
A. Required Common Area Open Space: A minimum of twenty percent(20%) of the gross land
area developed in any residential PUD project shall be reserved for common area open space
and recreational facilities for the residents or users of the area being developed.
B. Active Open Space: A minimum of fifteen percent(15%)of the common area open space
shall be developed as active open space,as defined in Title 9 of this code.
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C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-1-6: Rules and Definitions:
OPEN SPACE: A common area platted as a separate lot(except for the portion of the 8 foot wide
landscape strip located adjacent to and within the public right of way of a local street)
substantially open to the sky, exclusive of streets,commercial and residential buildings, and shall
be designated and intended as a usable and convenient amenity for the residences of any proposed
development.
OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic fields,
buildings or structures for recreational activities including picnic areas, community garden,
courses or courts,children's play area,dog play area, and pathways,excluding passive open space
areas. Landscape buffer areas not required pursuant to subsection 8-2A-7J of this code may be
considered, in part, as active open space provided a pathway or other active amenity is located
within and incorporated into the buffer area. Up to fifteen percent(15%)of the total area of water
bodies(i.e.,ponds)within a development may be considered active open space provided there is a
finding that the ponds employ active recreation capabilities such as fishing,rafting,canoeing,and
the like.
• 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:
B. Reserve Strips:
1. Private Reserve Strips: Privately held reserve strip access to streets shall be prohibited.
• 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, unless the fence is located on the property line between the required roadway
buffer area and the residential lot, in which case the fence may be a solid wood picture frame or
premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed
so that the fence is visible from the adjacent roadway, then the fence shall include decorative
columns spaced a maximum of sixty feet (60') apart. Specific buffer area fences and decorative
walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain link,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.
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D. DISCUSSION (based on the preliminary development plan/preliminary plat, date stamped by the
City on September 17, 2020):
• The proposed development is located within the City of Eagle's Municipal Water Service Area.
Pursuant to Resolution No. 8-09, payment of Storage and Trunk Line(STL)fee is to be provided
at the time of preliminary and final plat. The amount for STL fee is $2,100/Equivalency
Residential Customer(ERC)an ERC is equivalent to each residential buildable lot. The applicant
has submitted an email request for waiver to the City of Eagle Water Department, dated January
9, 2020, to delay paying the required STL fee. The applicant is requesting to delay paying the
required STL fee until such time a final plat application is submitted. Based on 56-lots, the total
STL fee required for the subdivision is$117,600.The STL fee required at the time of preliminary
plat is$58,800. The applicant received approval from the City of Eagle Water Department(of the
waiver request) on January 27, 2020. The applicant should be required to pay the required
$58,800 preliminary plat Storage Trunk Line fee along with the associated final plat Storage
Trunk Line fee at the time of submittal of the first final development plan and final plat
applications.
• The aerial photo shows a residential dwelling and five(5)accessory structures located on the site.
It has been indicated by the applicant that the structures have been removed. The preliminary
development plan/preliminary plat does not identify the location of the structures. The residential
dwelling was served by an individual potable well and septic system. The preliminary plat does
not identify the location of the individual well or septic system of the residential dwelling. The
applicant should be required to provide documentation from the subdivision contractor indicating
the potable well and septic system located on the site were properly abandoned. The
documentation should be provided prior to the City Clerk signing the final plat.
• The applicant is requesting a reduction of the rear and side setbacks and an increase of the
maximum lot coverage. The applicant provided correspondence, date stamped by the City on
October 7,2020,which denoted the following setback request:
Front 20-feet
Rear 15-feet
Side 5-feet(additional 5-feet/story)
Maximum lot coverage 50%
The applicant is requesting a R-5-DA-P (Residential with a development agreement — PUD)
zoning designation. Pursuant to Eagle City Code Section 8-2-4, the following setbacks are
required within the R-5 (Residential)zoning designations:
Front 20-feet
Rear 25-feet
Interior Side 7.5-feet(first story)5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
* A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5-foot
reduction in the minimum required front yard setback provided that the distance in no less than
20-feet within the R-2 zoning district.
* All front load garages shall be setback a minimum of 25-feet from the back of sidewalk.
The preliminary plat, date stamped by the City on September 17, 2020, shows a typical street
section for the interior streets with 1.5-feet of the 8-foot wide planter strip and the five foot(5')
wide detached sidewalk being located within the property. Based upon the required 20-foot front
setback for the garage area, a driveway with a minimum 13.5-feet length would be located behind
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the sidewalk and the front of the garage allowing for vehicles to overhang the sidewalk.The front
setback for a front-load garage should be a minimum of 31-feet to allow for vehicles to be parked
in front of the garage without overhanging the sidewalk. Also,a car parked in front of a side entry
garage (located 20-feet from the front property line) may overhang the sidewalk as well. The
applicant is proposing a side setback of 5-feet with an additional 5-feet for two-story structures.
Based on the minimum width of the lots within the development, there would be a 45-foot wide
footprint for construction of a residential home.
It is staffs opinion that based on the minimum length and width of the lots, size of the lots, and
the location of the detached sidewalk, the following setbacks (measured from the property line)
and maximum lot coverage for this development should be required:
Front 20-feet(living area)
25-feet(side-entry garage)
31-feet(front-load garage)
Rear 15-feet
Interior Side 5-feet(first story)5-feet(each additional story)
Maximum Lot Coverage 50%
• The preliminary development plan/preliminary plat shows common lots located between the
right-of-way and the buildable lots at the street intersections. The subdivision is designed in this
fashion to eliminate the requirement of street side setbacks. The preliminary development
plan/preliminary plat does not contain a plat note prohibiting driveways across the common lots.
The applicant should be required to provide a revised preliminary development plan/preliminary
plat with a new plat note which states, "Driveways are prohibited across Lots 1 and 8, Block 1,
Lot 13, Block 2, Lot 4, Block 4, Lot 1, Block 5, and Lot 1, Block 6." The revised preliminary
development plan/preliminary plat should be provided prior to submittal of final development
plan and final plat applications.
• The Ada County Highway District Master Street Map identifies West Escalante Drive as a
collector. West Quarterline Drive and North Stonehart Way are designed as an extension of West
Escalante Drive; therefore, will function as a collector. It is an Ada County Highway District
policy that residential homes do not have direct access to a collector. The applicant should be
required to provide a revised preliminary development plan/preliminary plat with a new plat note
which states, "Direct lot access to West Escalante Drive, West Quarterline Drive, and North
Stonehart Way is prohibited."The revised preliminary development plan/preliminary plat should
be provided prior to submittal of final development plan and final plat applications.
• The preliminary development plan/preliminary plat shows that a majority of the pressurized
irrigation lines providing irrigation to the buildable lots are located within the common lots. Plat
note #4 identifies the common lots and maintenance of the common lots. The plat note does not
address the ownership of the common lots or easements associated with the pressurized irrigation
lines. The applicant should be required to provide a revised preliminary development
plan/preliminary with plat note#4 revised to state,"Lots 1 and 8,Block 1, Lot 13, Block 2,Lot 1,
Block 3, Lots land 4, Block 4, Lots 1 and 5, Block 5, and Lot 1, Block 6, are common lots to be
owned and maintained by the homeowner's association. The common lots shall have a blanket
public utility, drainage, and irrigation easement." The revised preliminary development
plan/preliminary plat should be submitted prior to submittal of fmal development plan and final
plat applications.
• The preliminary development plan/preliminary plat identifies Lot 5,Block 5 as a common lot.Lot
5, Block 5, appears to be approximately 10-feet in width and is located between West Passier
Street and the southern boundary line. Common lots are owned by the homeowner's association;
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therefore, the common lot is not public. Since the common lot is privately owned, access to the
public street would be prohibited for lots that may be developed on the adjacent property in the
future. The common lot functions as a private reserve strip. Pursuant to Eagle City Code Section
9-3-7(B)(1) private reserve strips are prohibited within subdivisions. The applicant should be
required to provide a revised preliminary development plan/preliminary plat showing the right-of-
way associated with West Passier Street dedicated to the southern boundary line of the
subdivision. The revised preliminary development plan/preliminary plat should be submitted
prior to submittal of final development plan and fmal plat applications.
• As previously referenced, the Ada County Highway District Master Street Map identifies West
Escalante Drive as a collector. The preliminary development plan/preliminary plat shows West
Escalante Drive along the northern portion of the site turning to the south as West Quarterline
Drive which then changes to North Stonehart Avenue as it continues in a southernly direction.
The preliminary development plan/preliminary plat shows a 10-foot wide common lot located
along the north side of West Escalante Drive between the right-of-way and the north property line
of the development. A 20-foot wide common lot is located between the residential lots and West
Quarterline Drive and North Stonehart Ave. The preliminary development plan/preliminary plat
shows the common lot along the south side of West Escalante Drive varying from 20-feet to 25-
feet in width. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(a) a 35-foot wide buffer (not
including right-of-way) with a minimum five foot (5') high, maximum eight foot (8') high berm
(or combination of berm and wall)is required on both sides of a collector roadway. There are two
subdivisions located north of the development (Eaglefield Estates Subdivision No. 1 and The
Preserve Subdivision No. 3 which have a 40-foot wide common lot located along the southern
boundary and adjacent to the northern property line of the proposed development. The 40-foot
wide common lot does not contain any trees which would provide a buffer to West Escalante
Avenue. The 10-foot wide common lot between West Escalante Drive and the north property line
does not contain enough width to plant a landscape buffer along the street. It should be noted that
the location of the roadway has been determined by the location of the roadway within the
adjacent subdivision located to the east (Eaglefield Village Subdivision). Since the roadway
cannot be relocated farther to the south to allow for a wider buffer area the applicant should be
required to submit an Alternative Method of Compliance application with the Design Review
application to address the proposed landscaping within the 10-foot wide common lot located
north of West Escalante Drive. The landscape plan should show additional landscaping within the
10-foot wide common lot to provide a buffer between West Escalante Drive and the residents
located north of Mosscreek Subdivision. The Alternative Method of Compliance and Design
Review applications should be reviewed and approved by the Design Review Board and City
Council prior to submittal of final development plan and final plat applications. The applicant
should be required to provide a revised preliminary development plan/preliminary plat showing a
35-foot wide common area located along the south side of West Escalante Drive, north side of
West Quarterline Drive, and west side of North Stonehart Avenue. The revised preliminary
development plan/preliminary plat should be provided prior to submittal of final development
plan and final plat applications.
• The applicant provided a landscape plan, date stamped by the City on October 7, 2020, which
identifies 6-foot high vinyl fencing located along several common areas within the development.
Pursuant to Eagle City Code Section 9-3-10, fencing located adjacent to common area open
spaces and on the street side of all corner lots shall be open style fencing such as wrought iron or
other similar decorative style. The applicant should be required to provide a revised fencing
exhibit showing the fencing within the development in conformance with Eagle City Code
Section 9-3-10. The fencing exhibit should be provided prior to execution of the development
agreement associated with RZ-06-20.
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• The preliminary development plan/preliminary plat or the landscape plan, date stamped by the
City on October 7, 2020, does not show any amenities located within the open space common
areas. Pursuant to Eagle City Code Section 8-6-8-2(B), a minimum of fifteen percent (15%) of
the common area open space shall be developed as active open space. Eagle City Code Section 9-
1-6 defines active open space as common areas which may include athletic fields, buildings or
structures for recreational activities including picnic areas, community gardens, courses or courts,
children's play areas, dog play area, and pathways. The applicant should be required to provide a
revised preliminary development plan/preliminary plat identifying recreational amenities located
within the areas of common lots not encumbered by the easement associated with the Middleton
Mill Irrigation Lateral. The recreational amenities may include but not be limited to, buildings or
structures for recreational activities including picnic areas, community gardens, courses or courts,
children's play areas or dog play area. The revised preliminary development plan/preliminary plat
should be provided prior to submittal of a design review application.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
19, 2020, at which time public testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by no one.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by three(3)individuals who indicated the following:
• The applicant should be required to work with The Preserve Subdivision homeowners association
regarding the maintenance of the landscaping along West Escanlante Drive.
• They have concerns regarding traffic speeds, lighting,and security issues.
• The applicant should be required to add some amenities for the residents of the subdivision.
• The applicant should not be permitted to calculate the buffer area located within The Preserve
Subdivision as part of the Mosscreek Subdivision open space.
• A concern with drainage from the proposed subdivision encroaching into The Preserve
Subdivision common area located along the north property line.
• The applicant should be required to provide solid privacy fencing along the north property line to
buffer the road noise from the West Escalante Drive.
• One (1) of the individuals read a letter into the record indicating that there has been a procedural
error associated with the proposal shown at the neighborhood meeting and what is being
proposed.
COMMISSION DELIBERATION(Granicus time 01:18:00):
Upon closing the public hearing,the Commission discussed during deliberation that:
• The proposed density is similar to the adjacent subdivisions.
• All fencing located adjacent to the common lots should be open style fencing,however,the
Commission supports solid style located along the northern property line due to the adjacent collector
road.
• The Commission supports the setbacks as recommended by staff.
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COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Commission voted 4 to 0 (McCauley absent) to recommend approval of A-05-20 and RZ-06-20 for
an annexation and rezone from RUT(Rural-Urban Transition—Ada County designation)to R-5-DA-P for
Urban Solutions, LLC, with the following staff recommended conditions to be placed within a
development agreement:
3.1 The maximum density for the Property shall be 2.59 dwelling units per acre(56 single-family lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner 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.
3.3 The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan,notice shall be provided as may be required by the City.
3.4 The conditions,covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, fencing, and amenities. The owner shall
provide an operation and maintenance manual including the funding mechanism as an
addendum to the CC&Rs and the repair and maintenance requirement shall run with the land
and that the requirement cannot be modified ant that the homeowners association or other
entity cannot be dissolved without the express consent of the city.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be
prohibited.
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule,regulation, law or ordinance.
3.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal
of a final plat application. Owner shall comply with all applicable Eagle Sewer District's
regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any
building permits,Owner shall provide proof of central sewer service to the proposed residential use.
3.6 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape islands and all common
areas throughout the development, 3) elevation plans for all proposed common area structures and
irrigation pump house(if proposed), 4) landscape screening details of the irrigation pump house(if
proposed), 5) useable amenities such as picnic tables, covered shelters, benches, playground
equipment, gazebos, and/or similar amenities, 6) all proposed fencing throughout the development,
and 7) street lights. The design review application shall be reviewed and approved by the Eagle
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Design Review Board prior to the submittal of a final plat application.
3.7 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit"E".
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&Rs, and shall be reviewed and
approved by the City attorney 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 "E". If a building permit is denied,the applicant shall have
the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code
Section 8-7-4-1.
3.8 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s)shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
3.9 Owner shall comply with all pathway requirements as identified in Exhibit F.All pathways shall be
constructed prior to the City Clerk signing the first final plat.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Commission voted 4 to 0 (McCauley absent)to recommend approval of CU-04-20/PPUD-02-20/PP-
03-20 for Mosscreek Subdivision (Exhibit "A") for Urban Solutions, LLC, with the following staff
recommended site specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-06-20.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice
by the City,whichever occurs first.
4. The applicant should be required to pay the required $58,800 preliminary plat Storage Trunk Line fee
along with the associated final plat Storage Trunk Line fee at the time of submittal of the first final
development plan and final plat applications.
5. Provide documentation from the subdivision contractor indicating the potable well and septic system
located on the site were properly abandoned. The documentation shall be provided prior to the City
Clerk signing the final plat.
6. The required setbacks shall be as follows:
Front 20-feet(living area)
25-feet(side-entry garage)
31-feet(front-load garage)
Rear 15-feet
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Interior Side 5-feet(first story)5-feet(each additional story)
Maximum Lot Coverage 50%
7. Provide a revised preliminary development plan/preliminary plat with a new plat note which states,
"Driveways are prohibited across Lots 1 and 8, Block 1, Lot 13, Block 2, Lot 4, Block 4, Lot 1,
Block 5, and Lot 1, Block 6." The revised preliminary development plan/preliminary plat shall be
provided prior to submittal of final development plan and final plat applications.
8. Provide a revised preliminary development plan/preliminary plat with a new plat note which states,
"Direct lot access to West Escalante Drive, West Quarterline Drive, and North Stonehart Way is
prohibited." The revised preliminary development plan/preliminary plat shall be provided prior to
submittal of fmal development plan and final plat applications.
9. Provide a revised preliminary development plan/preliminary with plat note#4 revised to state,"Lots 1
and 8,Block 1, Lot 13, Block 2, Lot 1, Block 3, Lots land 4, Block 4, Lots 1 and 5, Block 5, and Lot
1, Block 6, are common lots to be owned and maintained by the homeowner's association. The
common lots shall have a blanket public utility, drainage, and irrigation easement." The revised
preliminary development plan/preliminary plat shall be submitted prior to submittal of final
development plan and fmal plat applications.
10. Provide a revised preliminary development plan/preliminary plat showing the right-of-way associated
with West Passier Street dedicated to the southern boundary line of the subdivision. The revised
preliminary development plan/preliminary plat shall be submitted prior to submittal of final
development plan and final plat applications.
11. The applicant shall submit an Alternative Method of Compliance application with the Design Review
application to address the proposed landscaping within the 10-foot wide common lot located north of
West Escalante Drive. The landscape plan shall show additional landscaping within the 10-foot wide
common lot to provide a buffer between West Escalante Drive and the residents located north of
Mosscreek Subdivision. The Alternative Method of Compliance and Design Review applications
shall be reviewed and approved by the Design Review Board and City Council prior to submittal of
final development plan and fmal plat applications.
12. Provide a revised preliminary development plan/preliminary plat showing a 35-foot wide common
area located along the south side of West Escalante Drive, north side of West Quarterline Drive, and
west side of North Stonehart Avenue. The revised preliminary development plan/preliminary plat
shall be provided prior to submittal of final development plan and final plat applications. (8-2A-
7[J][4][a])
13. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed
at the front of each lot generally at each side property line, or as approved by the Design Review
Board. The trees shall be located withi an 8-foot wide landscape strip between the 5-foot wide
concrete sidewalk and the curb.Any and all drainage swales and/or seepage beds shall be placed so as
to not interfere with the required placement of street trees. 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.
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. Partial reduction of the surety may
be permitted for any portion of the development that is completed, including street trees that have
been installed. On-going surety for street trees for all undeveloped portions of the development will
be required through project completion.
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14. 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)
15. 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
Eagle City Code Section 8-2A-7(J)and Section 9-3-10.
16. Provide a revised fencing exhibit showing the fencing within the development in conformance with
Eagle City Code Section 9-3-10. The fencing exhibit shall be provided prior to execution of the
development agreement associated with RZ-06-20.
17. Provide a revised preliminary development plan/preliminary plat identifying recreational amenities
located within the areas of common lots not encumbered by the easement associated with the
Middleton Mill Irrigation Lateral. The recreational amenities, may include but not be limited to,
buildings or structures for recreational activities including picnic areas, community gardens, courses
or courts, children's play areas or dog play area. The revised preliminary development
plan/preliminary plat shall be provided prior to submittal of a design review application.
18. The Mosscreek Subdivision shall remain under the control of one Homeowners Association.
19. The applicant shall place a note on the fmal plat that the pressurized irrigation system and all common
lots are to be owned and maintained by the Homeowner's Association.
20. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity.(ECC 9-4-1-9[C][1])
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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. Department of Environmental Quality 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 (B.C.C. 9-20-
8.4)
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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
tile 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 plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer
and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so
graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff
shall cross any lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall
be obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering
or changing has first been approved in writing by the entity. A Registered Engineer shall certify
that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste
ditch (1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards
for Public Works Construction. A copy of such written approval and certification shall be filed
with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
12. 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.
13. 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.
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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.
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 fmal 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
fmal 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".
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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.
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 fmal plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the fmal plat. The
financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified
check.
30. In accordance with Eagle City Code, failure to obtain a recorded fmal 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 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.
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34. 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.
35. 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. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-05-20/RZ-06-20) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of R-5-DA-P (Residential with a development agreement —
PUD) is consistent with the Compact Residential designation as shown on the Comprehensive
Plan Land Use Map since the density, as conditioned herein, is in conformance with the allowed
density as identified within the comprehensive plan;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided,to serve
all uses allowed on this property under the proposed zone;
c. The proposed R-5-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the R-4-DA-P(Residential with a development agreement—PUD)zone and land
use to the north since this area is designated Compact Residential in the Comprehensive Plan and
is developed with residential subdivisions (Eaglefield Estates Subdivision No. 1 and The
Preserve Subdivision No. 3);
d. The proposed R-5-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with RUT (Rural-Urban Transition —Ada County designation) zone and land use to
the south since that area is designated Compact Residential in the Comprehensive Plan and may
be developed in a similar manner;
e. The proposed R-5-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the MU-DA(Mixed Use with a development agreement[in lieu of a PUD])zone
and land use to the east since that area consists of a residential subdivision (Eaglefield Village
Subdivision),which is developed with a higher density than the proposed subdivision;
f. The proposed R-5-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the RUT(Rural-Urban Transition—Ada County designation)zone and land use
to the west since this area is designated Neighborhood Residential in the Comprehensive Plan and
may be developed in a similar manner;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan;and
h. No non-conforming uses are expected to be created with this rezone.
2. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit, preliminary development plan, and preliminary plat (CU-04-20/PPUD-02-20/PP-03-20) 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.
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Mosscreek Subdivision has been proposed for development in conformance with the Eagle
Comprehensive Plan and consistent with the requirements of Eagle City Code;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 development is proposed to consist of single-family residential homes and will be designed
to complement the general vicinity and provide aesthetically pleasing architecture to enhance the
character of the area. The development is designed with similar density as the adjacent
subdivisions; therefore, the proposed subdivision will be harmonious with the adjacent
developments;and
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
Mosscreek Subdivision is proposed to be developed in a manner harmonious with existing and
future residential uses in the immediate vicinity;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.
The development is planned for residential,similar to the character of the surrounding area.There
are no uses, activities, processes, materials, equipment, and/or conditions that will be detrimental
to the surrounding properties upon completion of the site work;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.
Mosscreek Subdivision will be served by West Escanlante Drive (designated as a collector). 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;and
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 Eagle Sewer District,City of Eagle Municipal Water,
and Ada County Highway District;and
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 will contain a minimum of 33.6%of open space. The common lots will include
a pond,pathways,and recreational amenities for the residents;and
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 a stub street to the adjacent undeveloped parcel to the west which
will provide intra-neighborhood connectivity. Access to the development will be provided from
West Escalante Drive and North Tempsford Way. The design and construction of the roadways
and entrances is regulated by the Ada County Highway District;and
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
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No scenic or historic features of major importance exist on site;and
j. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The Eagle Comprehensive Plan designates the property as Compact Residential. The applicant is
requesting a R-5-DA-P (Residential with a development agreement — PUD) to allow for
flexibility in design while still maintaining the maximum density of the proposed development at
2.59-dwelling units per acre;and
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 applicant has requested approval of a conditional use permit, preliminary development plan,
and preliminary plat 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;and
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.
Police Protection
The project will be served by the Eagle Police Department.
Water Service
The project is located within an area that is served by City of Eagle Municipal Water System.The
water infrastructure will be constructed at the developer's expense.
Sewer
As required herein, the applicant is required to provide correspondence from the Eagle Sewer
District which indicates the property is annexed into the District prior to submittal of a final plat
application. Prior to the developer installing the required sewer infrastructure 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.
Open Svace
The development will contain a minimum of 33.6% of passive and active open space. The
applicant is required to provide amenities to provide the residents living within the development
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recreational opportunities. 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 Mosscreek
Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and
maintained by the respective agencies.
Schools
Mosscreek Subdivision is located within the West Ada School District boundaries.
Solid Waste Collection
Solid waste collection is provided by Republic Services 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
approximately$14,010/annually (with Homeowner's Exemption).
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. The developer provides the services in the initial stages of
development;therefore,the public service providers avoid potential liability and expenses.
DATED this 2nd day of November,2020.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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Trent Wright,Chairman
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, Eagle ity Clem* • 41•.• •
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