Findings - PZ - 2021 - A-04-20/RZ-04-20/CU-02-20/PPUD-01-20/PP-02-20 - Stags Crossing Sub - Preliminary Development Plan And Plat Approvals 135 Lots On 67 AcresBEFORE 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-2-DA-P (RESIDENTIAL
WITH A DEVELOPMENT AGREEMENT — PUD),
CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY
PLAT FOR STAGS CROSSING SUBDIVISION
FOR URBAN SOLUTIONS, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-04-20/RZ-04-20/CU-02-20/PPUD-01-20/PP-02-20
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 December 7, 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-2-DA-P (Residential with a
development agreement — PUD), conditional use permit, preliminary development plan, and
preliminary plat approvals for Stags Crossing Subdivision, a 135-lot (113-buildable, 22-common)
residential planned unit development. The 67-acre site is located on the south side of West
Beacon Light Road approximately 2,000-feet west of North Lanewood Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Syringa Subdivision Park (6108 West Braveheart Street), at
6:00 PM, on Wednesday, May 6, 2020 , 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 8,
2020. A revised preliminary plat/PUD, narrative, and irrigation analysis were received by the City
on October 13, 2020. A revised concept plan was received by the City on November 10, 2020.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on May 14, 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 Friday, November 20, 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
November 20, 2020. The site was posted in accordance with the Eagle City Code on November
17, 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
DESIGNATION
ZONING
DESIGNATION
LAND USE
Existing
Neighborhood
Residential (2
units acre see policy
6.6.1[4][2][b])
RUT (Rural -Urban
Transition — Ada County'
Designation)
Vacant parcels
Proposed
No Change
R-2-DA-P (Residential
with a development
agreement — PUD
Single-family residential
planned unit development
North of site
Large Lot
Residential,
Residential
Transitional Overlay
RUT (Rural -Urban
Transition — Ada County
Designation),
A-R-DA (Agricultural -
Residential with a
development agreement)
Single-family residences
and agriculture
South of site
Neighborhood
Residential
R-2-DA-P (Residential
with a development
agreement — PUD
Single-family residential
subdivision (Tannenbaum
Subdivision No. 4)
East of site
Neighborhood
Residential
RUT (Rural Urban
Transition — Ada Count}'
Designation),
R-2-DA-P (Residential
with a development
agreement — PUD
Vacant parcels and single -
family residential
subdivision (Brookway
Subdivision No. 2)
West of site
Neighborhood
Residential
MU-DA (Mixed Use
with a development
agreement).
R-2-DA (Residential
with a development
agreement)
Vacant parcels
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site — 68.4
Total Number of Lots — 135
Residential — 113
Commercial — 0
Industrial — 0
Common — 22
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Total Number of Units —
Single-family — 113
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data
Proposed
Required
Dwelling Units Per Gross Acre
1.65-dwelling units per acre
1.65-dwelling units per
acre (as limited within the
development agreement)
Minimum Lot Size
14,333-square feet*
17,000-square feet
Minimum Lot Width
90-feet
75-feet
Minimum Street Frontage
41.9-feet
35-feet
Total Acreage of Common Area
Open Space
16.91-acres
13.68-acres
Percent of Site as Common Area
Open Space
25.02%
20%
Except that, according to
ECC Section 9-3-8 (C)
the City may require
additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 50 or
more lots.
* 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 proposing a 50-foot wide landscaped buffer along West Beacon Light Road. The
proposed width is in conformance with Eagle -City Code Section 8-2A-7(J)(4).
Open Space:
A total of 16.91-acres of open space is proposed (inclusive of the planter strips). The required
buffer area located adjacent to West Beacon Light Road will be contained within common lots.
The remaining open space areas are inclusive of pathways throughout the development, a tot -lot
area with benches, a drainage ditch, and common lots located between the streets and side yards
of lots located in proximity to the streets.
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.
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Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On -site Septic System (yes or no) —
There are two (2) existing septic systems which served two (2) dwellings located on the property.
The septic systems will need to be abandoned during construction of the subdivision.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
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 May 8, 2020.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: None
Sidewalks:
A detached 5-foot wide concrete sidewalk is proposed abutting the planter strips on both sides 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. A detached 5-foot wide concrete sidewalk is proposed within the proposed
right-of-way along West Beacon Light Road.
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.
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K. ON AND OFF -SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat and preliminary site development plan shows several pathways providing
inner connectivity are proposed throughout to be located within common lots throughout the
development.
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 — no
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 (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated October 19, 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 December 1, 2020, are of special concern (attached to the staff report).
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent correspondence dated June 22, 2020, are of special concern (attached to the staff
report).
Ada County Highway District
Ballantyne Ditch Company
Central District Health Department
Communities in Motion 2040 2.0 Development Review (COMPASS)
Eagle Fire Department
Idaho Department of Environmental Equality
Idaho Department of Transportation
Ron Sedlacek (2 emails on behalf of New Dry Creek Ditch Company)
Sawtooth Law Offices (on behalf of New Dry Creek Ditch Company)
West Ada School District
Q. LETTERS FROM THE PUBLIC (attached to the staff report):
Brain Kuehne provided email correspondence, dated November 30, 2021.
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R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The preliminary development plan/preliminary plat, date stamped by the City on October 13,
2020, shows the subdivision will be constructed in two (2) phases. The applicant provided email
correspondence, dated December 1, 2020, which indicated the first phase is proposed for
construction during the spring of 2021, and second phase is proposed for construction during the
fall of 2021.
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.
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 he hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment,
and/or conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water and
sewer, and schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided
in a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the
surrounding area for this proposed development justifies any proposed deviation from any
standard district regulations.
In cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
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14. That an estimate of the public service costs to provide adequate service to the development
has been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE 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:
Neighborhood
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
6.6.1 Village Planning Area
A. The land use and development policies specific to the Village Planning Area include residential,
commercial, retail, civic, research and development park, corporate and/or educational campus,
hospitality, and office uses. Non-residential uses will be focused in the Village Center.
2. Residential Uses should be developed as follows:
b. Densities should decrease as distance increases from the village center. The overall
densities in the Village Planning Area and in the Neighborhood Residential designation,
south of Beacon Light Road, should average 1-2 units per acre. Residential area north of
Beacon Light is Large Lot Residential with a Residential Transition Overlay,
transitioning (feathering and clustering) to the north and east ensuring compatibility with
existing residential and foothills development.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 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.
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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-2 35' 30' 30' 10' 20' 40% 17,000 75'
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)(b): 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
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:
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.
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C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-3-2: Preliminary' Plat:
C. Required Information And Data:
3. The following shall be submitted separately:
m. Any proposed or existing utilities, including, but not limited to, storm and
sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water
mains, fire hydrants and their respective profiles;
• Eagle City Code Section 9-3-6: Easements:
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 9-3-10: 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 si►nilar 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.
• Eagle City Code Section 9-4-1-9: Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
1. All residential dwelling units and subdivision common areas shall be provided with a
pressurized irrigation system to be served with irrigation water from a surface water
right unless a waiver, as outlined herein, is approved by the city council.
The city has adopted supplemental standards and regulations (titled "Pressure
Irrigation Standards", incorporated herein by reference and available at Eagle city
hall) pertaining to the design, construction and maintenance of pressurized irrigation
systems. Plans and documents reflecting the required standards and regulations shall
be submitted with the application for a preliminary plat.
The following design requirements and the requirements provided within the
supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation
system. These standards shall supplement all other regulations, and where at variance
with other laws, regulations, ordinances or resolutions, the more restrictive
requirements shall apply. The council may determine that revisions to the
supplemental standards are warranted and make such revisions by act of a resolution.
a. The pressurized irrigation system may have a backup connection to a potable
water system with the approval of the city, city engineer, and the potable water
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purveyor, and the installation of a state approved reduced pressure backflow
prevention assembly or an air gap separating the irrigation system and the potable
water system. The operation, maintenance, associated costs, and annual
inspection of the backup connection and the backup system's reduced pressure
backflow prevention assembly shall be the responsibility of the entities as
determined in "Pressure Irrigation Standards" of this section. Individual backup
connections to individual lots by individual lot owners shall be prohibited with
the exception of the common area Tots owned and maintained by the
homeowners' association.
• Eagle City Code Section 9-4-1-5: Streetlights:
All subdividers within the city limits shall be required to install, at the subdividers' expense,
streetlights in accordance with city specifications and standards at locations designated by the
administrator. After inspection and confirmation of installation and operation by the
administrator, the subdivider (and subsequent homeowners' association) shall assume
ownership of the streetlights and shall pay the cost of maintenance and power in perpetuity.
D. DISCUSSION (based on the preliminary development planpreliminary plat, date stamped by the
City on October 13, 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. The preliminary plat STL fees to be paid for the subject subdivision
is based upon the following calculation: $1,135.47 + (-1.221 x Total Lots). Based on 113-
lots, the total STL fee required for the subdivision is $237,300.00. The STL fee required at
the time of preliminary plat is $112,717.16. The applicant received approval from the City of
Eagle Water Department (of the waiver request) on December 1, 2020. The applicant should
be required to pay the required $1 12,117.50 with the remaining portion of the $237,300.00 to
be paid at the rate of ($2,100.00 minus $997.50 [Preliminary Plat Fee per lot]) x Lots in Final
Plat or $1,102.50 x Lots in Final Plat at the time of submittal of final development plan and
final plat applications.
• The applicant provided a "Proposed Exterior Fencing Stags Crossing Subdivision" date
stamped by the City on May 8, 2020, which identifies the locations of two (2) proposed styles
of fencing within the development consisting of 6-foot tall, solid fencing (vinyl) or 5-foot tall,
open fencing (black metal). The fencing plan shows the 6-foot tall, solid fencing (vinyl)
located adjacent to common areas within certain areas of the development. Pursuant to 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-7(J) 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. Any fencing located adjacent to common
area open spaces and on the street side of all corner lots should 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 ECC Section 8-2A-
7(J). The applicant should be required to provide a revised "Proposed Exterior Fencing Stags
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Crossing Subdivision" exhibit showing open style fencing located adjacent to the common
area open spaces and on the street side of all corner lots prior to execution of the development
agreement associated with the rezone (RZ-04-20).
• The preliminary development plan/preliminary plat does not delineate the locations of the
stormwater facilities. Pursuant to Eagle City Code Section 9-3-2(C)(3)(m) the preliminary
plat is to show stormwater utilities. Also, pursuant to Eagle City Code Section 8-2A-7(M),
within residential developments one shade class (class II) tree is required to be located on
both sides of all streets within the eight foot (8') wide landscape strip between the sidewalk
and the curb. Trees are to be planted at the front of each lot generally' located on each side lot
line corner with the distance between trees to be a minimum of thirty five feet (35') and a
maximum of eighty feet (80') of street frontage. In the event the stormwater facilities are
located within the landscape strip area, trees will be prohibited to be planted at these
locations. To prevent this from occurring, the applicant should be required to provide a
revised preliminary development plan/preliminary plat showing subsurface stormwater
facilities to be located outside of the required landscape strip areas. The revised preliminary
development plan/preliminary' plat should also delineate the locations of all ACHD
stormwater easements and contain a new plat note that identifies the location of all ACHD
storm drainage easements. The revised preliminary development plan/preliminary plat should
be provided prior to submittal of design review application.
• The applicant is proposing the following setbacks:
Front 30-feet
Rear 30-feet
Interior Side 10-feet
Street Side None proposed
The applicant is requesting a R-2-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-2 (Residential) zoning designations:
Front 30-feet
Rear 30-feet
Interior Side 10-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 October 13, 2020, shows a typical street
section for the interior streets with 1-foot of the 8-foot wide planter strip and the five foot (5')
wide detached sidewalk being located within the property. Pursuant to Eagle City Code
Section 8-2-4(G) all front load garages shall be back a minimum of 25-feet from the back of
sidewalk. Since the back of sidewalk encroaches 6-feet into the property the area between the
front of the garage and the back of sidewalk would be 24-feet in width based on a 30-foot
front setback. Also, the applicant is not proposing a street side setback associated with the
corner lots.
It is staffs opinion that based on the location of the detached sidewalk and the corner lots
being located adjacent to the street, the following setbacks (measured from the property line)
and maximum lot coverage for this development should be required:
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Front 31-feet (front load garage)
25-feet (side entry garage)
Rear 30-feet
Interior Side 10-feet (first story) 5-feet (each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
• Plat note #3 of the preliminary development plan/preliminary plat states, "Pressure irrigation
will be provided to each lot. This project has water rights from New Dry Creek Ditch
Company and Farmers Union Canal Ditch Company."
The plat note does not reference who is responsible for the operation and maintenance of
pressurized irrigation system. Pursuant to Eagle City Code Section 9-4-1-9(C)(1) the
requirements provided within the City adopted supplemental "Pressure Irrigation Standards."
Based on the adopted pressure irrigation standards the entire pressure distribution system is to
be owned and maintained by a homeowners association. The applicant should be required to
provide a revised preliminary development plan/preliminary plat with plat note #3 revised to
state, "Pressure irrigation will be provided to each lot. This project has water rights from New
Dry Creek Ditch Company and Farmers Union Canal Ditch Company. The pressurized
irrigation system shall be owned and maintained by the homeowner's association." The
revised preliminary development plan/preliminary plat should be provided prior to submittal
of final development plan and final plat applications.
• Plat note #8 of preliminary development plan/preliminary plat states, "Unless otherwise
designated or dimensioned there shall be a permanent easement for public utilities, irrigation
and lot drainage over the five (5) feet adjacent to side lot lines."
Pursuant to Eagle City Code Section 9-3-6, unobstructed drainageway easements shall be
provided in conjunction with the utility easement along side lot lines. The total easement
width is not to be less than 12-feet, except that lesser easement widths, to coincide with
respective setbacks, may be considered as part of the planned unit development. The
proposed side setbacks within the subdivision will be 10-feet; therefore, the side lot line
easement on each lot should be a minimum of 6-feet in width for a total of 12-feet. The
applicant should be required to provide a revised preliminary development plan/preliminary
plat with plat note #8 revised to state, "Unless otherwise designated or dimensioned there
shall be a permanent easement for public utilities, irrigation and lot drainage over the six (6)
feet adjacent to side lot lines.- 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 the location of the proposed
streetlights within the development. Common Lot 1, Block 10 and common Lot 4, Block 11
contain a pathway which intersects with West Centerline Street. Also, common Lot 4, Block
11 and common Lot 5, Block 12 contain a pathway that intersects with West Estuary Street.
There is no streetlight shown at the intersection of the pathway and the respective streets. The
applicant should be required to provide a revised preliminary development plan/preliminary
plat showing a streetlight located at the intersections of common Lot 1, Block 10 and
common Lot 4, Block 11 with West Centerline Street and common Lot 4, Block I I and
common Lot 5, Block 12 with West Estuary Street. The revised preliminary development
plan/preliminary plat should be provided prior to submittal of final development plan and
final plat applications.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 7, 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
four (4) individuals (not including the applicant/representative) who indicated the following:
• They support the proposed density of under two dwelling units per acre.
• They support leaving the canal (located in proximity to the western property line) open and
natural.
• They support the open space layout and the proposed building setbacks.
• A concern with the timing of the re-routing of the irrigation ditches which provide irrigation to
the adjacent subdivisions.
• A concern with heavy truck traffic traveling through the adjacent subdivisions during the
construction of the proposed subdivision. They also requested that the heavy truck traffic utilize
West Beacon Light Road for access to the site.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by no one.
COMMISSION DELIBERATION (Granicus time 04:34:07):
Upon closing the public hearing, the Commission discussed during deliberation that:
• The proposed density is similar to the adjacent subdivisions.
• There is not an alternative to re-route heavy truck traffic since the first phase of the development
needs to access the existing infrastructure located at the southern property line of the proposed
development.
• The applicant should be required to comply with the staff recommended setbacks.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Commission voted 5 to 0 to recommend approval of A-04-20 and RZ-04-20 for an annexation and
rezone from RUT (Rural -Urban Transition — Ada County designation) to R-2-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 1.65 dwelling units per acre (113-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), 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.
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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 provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located onsite. The report shall identify, at a minimum, species, size, and health of the
trees. The arborist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating which trees will be incorporated into the
design of the subdivision and which trees will be removed prior to removal of the trees. No trees
shall be removed from the site prior to city approval of a tree removal plan.
3.7 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
Design Review Board prior to the submittal of a final plat application.
3.8 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit "D".
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.
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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.
3.9 Owner shall comply with all pathway requirements as identified in Exhibit "E". All pathways shall
be constructed prior to the City Clerk signing the first final plat.
3.10 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.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend approval of CU-02-20/PPUD-01-20/PP-02-20 for Stags
Crossing 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-04-20.
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 $112,717.50 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. (Resolution No. 08-09)
5. 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 hones. A temporary
occupancy may he 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.
6. 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
ECC Section 8-2A-7 (J).
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7. Provide a revised "Proposed Exterior Fencing Stags Crossing Subdivision" exhibit showing open
style fencing located adjacent to the common area open spaces and on the street side of all corner lots
prior to execution of the development agreement associated with the rezone (RZ-04-20). (ECC 9-3-
10)
8. Provide a revised preliminary development plan/preliminary plat showing all subsurface stormwater
facilities to be located outside of the required street side landscape strip areas. The revised
preliminary development plan/preliminary plat shall also delineate the locations of all ACHD
stormwater easements and contain a new plat note that identifies the location of all ACHD storm
drainage easements. The revised preliminary development plan/preliminary plat shall be provided
prior to submittal of design review application.
9. The required setbacks shall be as follows:
Front 31-feet (front load garage)
25-feet (side entry garage)
Rear 30-feet
Interior Side 10-feet (first story) 5-feet (each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
10. Provide a revised preliminary development plan/preliminary plat with plat note #3 revised to state,
"Pressure irrigation will be provided to each lot. This project has water rights from New Dry Creek
Ditch Company and Farmers Union Canal Ditch Company. The pressurized irrigation system shall be
owned and maintained by the homeowner's association." The revised preliminary development
plan/preliminary plat shall be provided prior to submittal of final development plan and final plat
applications.
11. Provide a revised preliminary' development plan/preliminary plat with plat note #8 revised to state,
"Unless otherwise designated or dimensioned there shall be a permanent easement for public utilities,
irrigation and lot drainage over the six (6) feet adjacent to side lot lines." The revised preliminary
development plan/preliminary plat shall be provided prior to submittal of final development plan and
final plat applications.
12. Provide a revised preliminary development plan/preliminary plat showing a streetlight located at the
intersections of common Lot 1, Block 10 and common Lot 4, Block 11 with West Centerline Street
and common lot 4, Block 11 and common lot 5, Block 12 with West Estuary Street. The revised
preliminary development plan/preliminary plat shall be provided prior to submittal of final
development plan and final plat applications.
13. 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.
14. The Stags Crossing Subdivision shall remain under the control of one Homeowners Association.
15. The applicant shall place a note on the final plat that the pressurized irrigation system and all common
lots are to be owned and maintained by the Homeowner's Association.
16. 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.
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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.
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 (1_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)
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.
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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.
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, ho►neowner'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.
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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 Parks, Pathways, and Recreation
Commission for a path or walkway shall be approved in writing by the Eagle City Parks,
Pathways, and Recreation Commission 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 Parks, Pathways, and Recreation Commission 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.
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.
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K 'Planning Dept\Eagle Apphcauons\Prelimmary Development Plans ,202_0Stags Crossing Sub pzf dot:
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 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.
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-04-20/RZ-04-20) 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-2-DA-P (Residential with a development agreement —
PUD) is consistent with the Neighborhood 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-2-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the RUT (Rural -Urban Transition — Ada County Designation) and A-R-DA
(Agricultural -Residential with a development agreement) zones and land use to the north since
that area is designated Large Lot Residential and Residential Transitional Overlay in the
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Comprehensive Plan and the subject property will be buffered from the properties located to the
north by a landscaped buffer berm and separated from those uses by West Beacon Light Road
(minor arterial);
d. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with R-2-DA-P (Residential with a development agreement — PUD) zone and land use
to the south since that area is designated Neighborhood Residential in the Comprehensive Plan
and is developed with a residential subdivision with higher density (Tannebaum Subdivision No.
4);
e. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the RUT (Rural -Urban Transition — Ada County Designation) and R-2-DA-P
(Residential with a development agreement — PUD) zones and land uses to the east since that area
consists of a vacant parcel which may be developed in a similar manner and a residential
subdivision (Brookway Subdivision No. 2), which is developed with higher density as the
proposed subdivision;
f. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the MU-DA (Mixed Use with a development agreement) and R-2-DA
(Residential with a development agreement) zones and land use to the west since that 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-02-20/PPUD-01-20/PP-02-20) 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.
Stags Crossing 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.
Stags Crossing 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.
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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.
Stags Crossing Subdivision will be served by West Beacon Light Road (minor arterial). 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.
g.
j•
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
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 25% of open space. The common lots will include
pathways throughout the development and a tot -lot area with benches; 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 Beacon Light Road, West Estuary Street, and North Arena Avenue. The design and
construction of the roadways and entrances is regulated by the Ada County Highway District; and
That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
No scenic or historic features of major importance exist on site. The applicant will be required to
provide mitigation for any trees that may be removed from the site; and
That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The Eagle Comprehensive Plan designates the property as Neighborhood Residential. The
applicant is requesting a R-2-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 1.65-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
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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 Space
The development will contain a minimum of 25% of passive and active open space. The applicant
is required to provide amenities to provide the residents living within the development
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 Stags Crossing
Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and
maintained by the respective agencies.
Schools
Stags Crossing 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.
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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 $32,309/annually (with Homeowner's Exemption).
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.
p.
DATED this 4th day of January, 2021.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
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