Findings - CC - 2021 - A-08-20/RZ-10-20/CU-08-20/PPUD-03-20/PP-05-20 - 58 Lot Residential Planned Unit Development BEFORE THE EAGLE CITY COUNCIL
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 BROOKWAY NORTH SUBDIVISION )
FOR HALL CAPITAL,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-08-20/RZ-10-20/CU-08-20/PPUD-03-20/PP-05-20
The above-entitled annexation,rezone with a development agreement, conditional use permit,preliminary
development plan and preliminary plat applications came before the Eagle City Council for their action
on February 9, 2021, at which time public testimony was taken and the public hearing was closed. The
Eagle City Council, 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:
Hall Capital, LLC, represented by Kent Brown, 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 Brookway North Subdivision, a 58-lot (53-buildable, 5-common)
residential planned unit development. The 28-acre site is located on the south side of West
Beacon Light Road approximately 100-feet west of North Lanewood Road at 6001 West Beacon
Light Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site, at 6:00 PM, on Tuesday, July 28, 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 September 3, 2020. A revised preliminary
development plan/preliminary plat and revised colored preliminary plat landscape plan were
received by the City on November 12, 2020. A preliminary irrigation report was received by the
City on November 23,2020.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on September 25, 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 December 17, 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 December 18,
2020. The site was posted in accordance with the Eagle City Code on December 12,2020.
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Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
January 25, 2021. Notice of this public hearing was mailed to property owners within one
thousand five-hundred feet (1500-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on January 22, 2021. The
site was posted in accordance with the Eagle City Code on January 23,2021.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood RUT(Rural-Urban Vacant parcels
Residential(2 Transition—Ada County
units/acre see policy Designation)
6.6.1[A1[2][bJ)
Proposed No Change R-2-DA-P(Residential Single-family residential
with a development planned unit development
agreement—PUD
North of site Large Lot RUT(Rural-Urban Single-family residences
Residential, Transition—Ada County and agriculture
Residential Designation)
Transitional Overlay
South of site Neighborhood RUT(Rural-Urban Vacant parcels and single-
Residential Transition—Ada County family residential
Designation)and R-2- subdivision(Brookway
DA-P(Residential with a Subdivision No. 3 and
development agreement— proposed Brookway
PUD) Subdivision No. 4)
East of site Neighborhood RUT(Rural-Urban Two non-conforming
Residential Transition—Ada County parcels with single-family
Designation) dwellings
West of site Neighborhood RUT(Rural-Urban Vacant parcels(proposed
Residential Transition—Ada County Stags Crossing Subdivision)
Designation)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA or DSDA.
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H. SITE DATA:
Total Acreage of Site—28
Total Number of Lots—58
Residential—53
Commercial— 0
Industrial— 0
Common—5
Total Number of Units—
Single-family—53
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.89-dwelling units per acre 1.89-dwelling units per
acre(as limited within the
development agreement)
Minimum Lot Size 10,239-square feet* 17,000-square feet
Minimum Lot Width 90-feet 75-feet
Minimum Street Frontage 36-feet 35-feet
Total Acreage of Common Area 7.70-acres 7.48-acres
Open Space
Percent of Site as Common Area 27.5% 26.6%
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 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 7.70-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
drainage ditch, and common lots located between the streets and side yards of lots located in
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proximity to the streets. 4.02-acres(52.2%)of the proposed open space is considered to be"Open
Space,Active"as defined by Eagle City Code Section 9-1-6.
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.
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
There is an existing septic system which serves the residential dwelling located on the property.
The septic system will need to be abandoned during construction of the subdivision.
Preservation of Existing Natural Features:
The site contains mature trees located in proximity to the canal along the eastern property line and
along West Beacon Light Road. There are also mature trees located in proximity to the existing
dwelling located along West Beacon Light at the midpoint of the property fronting West Beacon
Light Road.
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 November 12,
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 10-foot wide concrete sidewalk is proposed within the proposed
right-of-way along West Beacon Light Road.
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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 PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary development plan/preliminary plat, date stamped by the City on November 12,
2020, shows a pathway located along the Dry Creek Canal and a pathway providing a connection
from West Riceboro Street to the pathway along the Dry Creek Canal. There is also a pathway
shown at the terminus of West Riceboro Street providing a connection to West Enita Way.
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—along the eastern property line and West Beacon Light Road.
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—yes—Dry Creek Canal
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to staff report.
City Engineer: All comments within the engineer's letter dated October 19, 2020, are of special
concern(attached to staff report).
City Water Superintendent: All comments within the City Water Department's memo dated
December 1,2020, are of special concern(attached to the staff report).
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City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent correspondence dated September 25, 2020, are of special concern(attached to the
staff report).
Ada County Highway District
Ada County Development Services
Ballantyne Ditch Company
Central District Health Department
Communities in Motion 2040 2.0 Development Review(COMPASS)
Eagle Fire Department
Eagle Sewer District
Idaho Department of Environmental Quality
Marathon Pipe Line, LLC
Ron Sedlacek(email on behalf of New Dry Creek Ditch Company)
West Ada School District
Q. LETTERS FROM THE PUBLIC:None received to date.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to construct the subdivision in a single-phase.
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.
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11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the
surrounding area for this proposed development justifies any proposed deviation from any
standard district regulations.
In cased of large-scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space,recreation,maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development
has been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
THE CITY COUNCIL 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
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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:
Aj 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
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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 8-6-5-5: Arrangement of Residential Units:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title, except that a decrease in the minimum lot size may
be allowed if there is an "offsetting increase" of the same square footage in open space and a
favorable finding is made by the council that the smaller lots are appropriately integrated into
the overall design and that the building product type is compatible with the PUD and
surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point for
minimum open space, prior to any "offsetting increase" being added, shall be the area that is
equal to ten percent (10%) of the site. This allowance shall only be permitted under the
following criteria:
1. The total common area open space shall be equal to or greater than twenty percent(20%),
inclusive of the "offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity and
architectural and siting variation are incorporated into the development and that these
factors make up a substantial contribution to the objectives of the PUD. These design
elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography, view,
sun and wind orientation, circulation pattern, physical environment, variation in
building setbacks and building grouping(such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone
under section 8-2-4 of this title.
• Eagle City Code Section 8-6-5-2: 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.
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:
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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:
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 9-3-10: 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.
• 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 preliminarydevelopmentplan/preliminary Plat, date stam ed the
P P by
City on December 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) is equivalent to each residential buildable lot. The applicant has
submitted a request for waiver to the City of Eagle Water Department, date stamped by the City
on August 24, 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 53-lots,
the total STL fee required for the subdivision is $111,300. The STL fee required at the time of
preliminary plat is $55,650. The applicant received approval from the City of Eagle Water
Department (of the waiver request) on September 25, 2020. The applicant should be required to
pay the required $55,650 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.
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• The applicant provided a "Preliminary Plat Landscape Plan" date stamped by the City on
September 3, 2020, which identifies the locations of three (3) proposed styles of fencing within
the development consisting of 6-foot tall, solid fencing(vinyl), 5-foot tall, open vision iron fence,
or 6-foot open top vinyl fence. The fencing plan shows the 6-foot tall, open top vinyl fence
located adjacent to the 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 proposed fencing 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-10-20).
• The preliminary development plan/preliminary plat contains a Conceptual Engineering plan (PP-
3) which shows what appears to be stormwater facilities located within the planter strip area at
four (4) separate locations. 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 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 development plan/preliminary plat shows a typical street section for the interior
streets with 6-feet 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
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garages shall be back a minimum of 25-feet from the back of sidewalk. Since the back of
sidewalk encroaches 11-feet into the property the area between the front of the garage and the
back of sidewalk would be 19-feet in width based on a 30-foot front setback.
It is staff's recommendation 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:
Front 36-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 #2 of the preliminary development plan/preliminary plat states, "The subject property
does not fall within a FEMA flood hazard zone. Reference FIRM Panel 16001C0135J effective
February 19,2003."
The City of Eagle adopted a new flood insurance study (FIS) with the accompanying flood
insurance rate maps (FIRM) on June 19, 2020. The panel number associated with the FIRM
changed. The applicant should be required to provide a revised preliminary development
plan/preliminary plat with plat note#2 revised to state, "The subject property does not fall within
a FEMA Special Flood Hazard Area. Reference FIRM Panel 16001C0135J effective June 19,
2020." The revised preliminary development plan/preliminary plat should be provided prior to
submittal of final development plan and final plat applications.
• The last two sentences of plat note #3 of the preliminary development plan/preliminary plat
states, "All lots shall have a permanent easement for public utilities, irrigation, and lot drainage
over the 12 (twelve) feet adjacent to the rear lot line. Except as otherwise shown,there shall be a
6 (six) foot public utility, irrigation, and lot drainage easement adjacent to any lot line not
adjacent to a public street. "
Pursuant to Eagle City Code Section 9-3-6 (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. Although the second sentence identifies a 12-
foot wide easement along all rear lot lines the last sentence identifies a 6-foot wide easement is
required adjacent to any lot line that is not adjacent to a public street, which may cause confusion
regarding the required width of an easement that is not along a public street(i.e. rear versus side).
The applicant should be required to provide a revised preliminary development plan/preliminary
plat with the last sentence of plat note #3 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.
• Plat note #4 of the preliminary development plan/preliminary plat states, "Minimum building
setback lines shall be in accordance with the applicable standards of the City of Eagle at the time
of issuance of the building permit." Plat note #13 of the preliminary development
plan/preliminary plat states, "Minimum building setback lines shall be in accordance with the
City of Eagle Zoning Code at the time of issuance of a building permit or as specifically
approved."
The two plat notes are somewhat duplicative with the exception that plat note #13 addresses
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required setbacks that may differ from the setbacks required pursuant to Eagle City Code. Since
the applicant will be required to provide additional width for the front setback to address the
portion of planter strip and sidewalk being located within the buildable lot, plat note #13
addresses the additional setback. The applicant should be required to provide a revised
preliminary development plan/preliminary plat with plat note #4 (regarding minimum setbacks)
removed. The revised preliminary development plan/preliminary plat should be provided prior to
submittal of final development plan and final plat applications.
• Plat note #5 of the preliminary development plan/preliminary plat states, "The developer shall
provide pressurized irrigation water to each lot. The irrigation system shall be owned and
maintained by the HOA. All lots in the subdivision will be subject to assessments of the New Dry
Creek Ditch Company."
The applicant has provided a "Preliminary Irrigation Report for Brookway North Subdivision"
date stamped by the City on November 23, 2020, which indicates this development site has
access to water rights from Farmers Union Ditch Company. Based on the preliminary irrigation
report the applicant should be required to provide a revised preliminary development
plan/preliminary plat with plat note # 5 revised to state, "The developer shall provide pressurized
irrigation water to each lot. The irrigation system shall be owned and maintained by the
Brookway North Subdivision Homeowners Association. All lots in the subdivision will be subject
to assessments of the Farmers Union Ditch Company." 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 the preliminary development plan/preliminary plat states, "Common lots are to be
owned and maintained by the subdivision homeowners association or it assigns."Plat note#12 of
the preliminary development plan/preliminary plat states, "Lot 13, Block 1, Lot 17, Block 2, Lot
4, Block 3, and Lots 1 & 17, Block 4 are common lots to be owned and maintained by the
homeowner's association."
While plat note#8 of the preliminary development plan/preliminary plat addresses the ownership
and maintenance of the common lots the note does not address which lots are common lots. Plat
note#13 identifies the common lots, ownership, and responsibility of maintenance. The applicant
should be required to provide a revised preliminary development plan/preliminary plat with plat
note #8 removed. The revised preliminary development plan/preliminary plat should be provided
prior to submittal of final development plan and final plat applications.
• Plat note #15 of the preliminary development plan/preliminary plat states, "Lot 4, Block 3 and
Lots 1 & 17, Block 4 contain City of Eagle pedestrian pathway easements."
• Although the plat note identifies a pathway easement and the preliminary development
plan/preliminary plat delineates the location of the easement there is no reference to recorded
easement within the plat notes or within the map area of plat. The preliminary development
plan/preliminary plat delineates a 16-foot wide pathway easement located along the Dry Creek
Canal. The preliminary development plan/preliminary plat also calls out an 8-foot asphalt
pedestrian path located within the 16-foot wide pathway easement. The recommendation
contained within the "Parks, Pathway and Recreation Commission Pathway Recommendations,"
dated September 25, 2020, indicates the applicant is required to provide an 18-foot wide public
access easement along the Dry Creek Canal. The "Parks, Pathway and Recreation Commission
Recommendations" further states the applicant is required to provide a 10-foot wide concrete
pathway to be located within the pathway easement. The applicant should be required to provide
a revised preliminary development plan/preliminary plat with plat note #15 revised to state, "Lot
4,Block 3 and Lots 1 & 17, Block 4, has a public pathway easement in favor of the City of Eagle
over a portion of the lot as shown per instrument No. , records of Ada County,
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Idaho." The applicant should be required to provide a revised preliminary development
plan/preliminary plat showing an 18-foot wide public pathway easement with a 10-foot wide
concrete pedestrian path located with the public pathway easement. The applicant should be
required to provide and construct all pathways as shown in the Parks, Pathways, and Recreation
Commission Pathway Recommendations, dated September 25, 2020. The pathways shall be
constructed in conformance with the City of Eagle standards or the Owner shall provide a surety
in a form pursuant to Eagle City Code Section 9-4-2-2 associated with the estimated construction
cost of the pathways to guarantee completion prior to the City Clerk signing the final plat. The
specific location and design of the pathway should be approved by the Design Review Board and
City Council prior to submittal of final development plan and final plat applications. The pathway
along the Dry Creek Canal should be located within a recorded easement or easements dedicated
to and accepted by Eagle. The instrument number of the recorded easement or easements should
be referenced on the face of the plat.
STAFF RECOMMENDATION FOR THE DEVELOPMENT AGREEMENT:
Based upon the information provided to staff to date, if the application is approved, staff recommends the
Conditions of Development provided within the staff report.
STAFF RECOMMENDATION FOR THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
Based upon the information provided to staff to date, if the conditional use permit, preliminary
development plan, and preliminary plat are approved, staff recommends the site specific conditions of
approval and standard conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on January
4, 2021, 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.
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.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Commission voted 5 to 0 to recommend approval of A-08-20 and RZ-10-20 for an annexation and
rezone from RUT (Rural-Urban Transition — Ada County designation) to R-2-DA-P for Hall Capital,
LLC, with conditions to be placed within a development agreement as provided within their findings of
fact and conclusions of law document, dated January 19,2021.
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COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend approval of CU-08-20/PPUD-03-20/PP-05-20 for Brookway
North Subdivision for Hall Capital, LLC, with the site specific conditions of approval and standard
conditions of approval provided within their findings of fact and conclusions of law document, dated
January 19,2021.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on February 9, 2021, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the application was presented to the City Council by no one(not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Council voted 3 to 0 to approve A-08-20 and RZ-10-20 for an annexation and rezone from RUT
(Rural-Urban Transition — Ada County designation) to R-2-DA-P for Hall Capital, LLC, with the
following Planning and Zoning Commission recommended conditions to be placed within a development
agreement with underline text to be added by the Council:
3.1 The maximum density for the Property shall be 1.89 dwelling units per acre(53-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.
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
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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, 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"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.
3.9 Owner shall provide and construct all pathways as shown in the Parks, Pathways, and Recreation
Commission Pathway Recommendations, dated September 25, 2020 January 4, 2021 (Exhibit
"F"). The pathways shall be constructed in conformance with the City of Eagle standards or the
Owner shall provide a surety in a form pursuant to Eagle City Code Section 9-4-2-2 associated with
the estimated construction cost of the pathways to guarantee completion prior to the City Clerk
signing the final plat. The specific location and design of the pathway shall be approved by the
Design Review Board and City Council prior to submittal of a final plat application. The pathway
along the Dry Creek Canal shall be located within a recorded easement or easements dedicated to
and accepted by Eagle. The instrument number of the recorded easement or easements shall be
referenced on the face of the plat.
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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.
COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Commission voted 3 to 0 to approve CU-08-20/PPUD-03-20/PP-05-20 for Brookway North
Subdivision (Exhibit "A") for Hall Capital, LLC, with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval with underline text
to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-10-20.
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 shall be required to pay the required $55,650.00 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 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.
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).
7. Provide a revised fencing 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
p g
associated with the rezone(RZ-10-20).
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. (ECC 8-2A-7[M] &9-2-3[C][3][m])
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9. Provide a revised preliminary development plan/preliminary plat showing the open space to be in
conformance with Eagle City Code Section 8-6-5-5. The revised preliminary development
plan/preliminary plat should be provided prior to submittal of final development plan and final plat
applications.
10. The required setbacks shall be as follows:
Front 30-feet(living area)
36-feet(front load garage)
25-feet(side entry garage)
Rear 30-feet
Interior Side 10-feet(first story) 5-feet(each additional story)
Lots lest than 90-feet in width 7.5-feet(first story)2.5-feet(each additional story)
Street Side 20-feet
Street Side(with 5-foot common lot
located adjacent to street) 15-feet
Maximum Lot Coverage 40%
11. Provide a revised preliminary development plan/preliminary plat with plat note #2 revised to state,
"The subject property does not fall within a FEMA Special Flood Hazard Area. Reference FIRM
Panel 16001C0135J effective June 19, 2020." 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 with the last sentence of plat note#3
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.
13. Provide a revised preliminary development plan/preliminary plat with plat note #4 (regarding
minimum setbacks) removed. The revised preliminary development plan/preliminary plat shall be
provided prior to submittal of final development plan and final plat applications.
14. Provide a revised preliminary development plan/preliminary plat with plat note # 5 revised to state,
"The developer shall provide pressurized irrigation water to each lot. The irrigation system shall be
owned and maintained by the Brookway North Subdivision Homeowners Association. All lots in the
subdivision will be subject to assessments of the Farmers Union Ditch Company." The revised
preliminary development plan/preliminary plat shall be provided prior to submittal of final
development plan and fmal plat applications.
15. Provide a revised preliminary development plan/preliminary plat with plat note #8 removed. The
revised preliminary development plan/preliminary plat shall be provided prior to submittal of final
development plan and final plat applications.
16. Provide a revised preliminary development plan/preliminary plat with plat note #15 revised to state,
"Lot 4, Block 3 and Lots 1 & 17, Block 4, has a public pathway easement in favor of the City of
Eagle over a portion of the lot as shown per instrument No. , records of Ada County,
Idaho." The revised preliminary development plan/preliminary plat shall be provided prior to
submittal of final development plan and final plat applications.
17. Provide a revised preliminary development plan/preliminary plat showing an 18-foot wide public
pathway easement with a 10-foot wide concrete pedestrian path located within the public pathway
easement located in proximity to the Dry Creek Canal. The revised preliminary development
plan/preliminary plat shall be provided prior to submittal of final development plan and final plat
applications.
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18. 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.
19. The Brookway North Subdivision shall remain under the control of one Homeowners Association.
20. 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.
21. 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.
22. Provide a revised preliminary development plan/preliminary plat showing common lots a minimum
of 5-feet in width located on one side of all corner lots. The revised preliminary development
plan/preliminary plat shall be provided prior to submittal of final development plan and final plat
applications.
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)
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.
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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.
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.
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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 final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any
other area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path
or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations(if applicable)prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
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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 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 Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-08-20/RZ-10-20) 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
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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) zone and land use
to the north since this area is designated Large Lot Residential and Residential Transitional
Overlay in the Comprehensive Plan and will be separated from those properties by the required
buffer located along West Beacon Light Road(minor arterial);
d. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with RUT (Rural-Urban Transition — Ada County designation) and R-2-DA-P
(Residential with a development agreement— PUD) zones and land uses to the south since that
area is designated Neighborhood Residential in the Comprehensive Plan and since a portion of
the area may be developed in a similar manner and the remaining portion is currently being
developed in a similar manner;
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) zone and land use
to the east since that area consists of two (2) nonconforming parcels that contain single-family
dwellings;
f. 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) zone and land use
to the west since this area is designated Neighborhood Residential in the Comprehensive Plan and
is proposed to 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 nonconforming 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-08-20/PPUD-03-20/PP-05-20) 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.
Brookway North 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
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developments;and
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
Brookway North 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.
Brookway North Subdivision will be served by West Beacon Light Road (designated as a 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.
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 27.5% of open space. The common lots will include
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 parcels to the south and
west which will provide intra-neighborhood connectivity. Access to the development will be
provided from West Beacon Light Road and North World Cup 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.
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 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 1.89-dwelling units per acre;and
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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 Space
The development will contain a minimum of 27.5% 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 Brookway North
Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and
maintained by the respective agencies.
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Schools
Brookway North 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 $15,150/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 18th day of February, 2021.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Jaso Pierce,Mayor
AT EST: .•`'��"„,,.,,,,,
OR'kT •tC'•
•
Tracy E. Os n, agle City Clerk : ••u •••I
'• •••• tiler '•• '
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