Findings - PZ - 2021 - RZ-06-14 MOD/RZ-14-20 & PP--07-20 - Kingfisher Cove Townhomes - Kingfisher Cove Townhomes BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A DEVELOPMENT AGREEMENT MODIFICATION, )
A REZONE FROM MU-DA(MIXED USE WITH A )
DEVELOPMENT AGREEMENT [IN LIEU OF A )
PUD])TO R-9-DA(RESIDENTIAL WITH A )
DEVELOPMENT AGREEMENT [IN LIEU OF A )
PUD]),AND PRELIMINARY PLAT FOR KINGFISHER )
COVE TOWNHOMES FOR DON NEWELL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-06-14 MOD/RZ-14-20& PP-07-20
The above-entitled development agreement modification, rezone with a development agreement
(development agreement in lieu of a PUD) and preliminary plat applications came before the Eagle
Planning and Zoning Commission for their recommendation on June 21, 2021, at which time public
testimony was taken and the public hearing was closed. The Commission, having heard and taken oral
and written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Don Newell, represented by Doug Russell with The Land Group, is requesting development
agreement modification, rezone from MU-DA (Mixed Use with a development agreement) to R-
9-DA (Residential with a development agreement [in lieu of a PUD]), and preliminary plat
approvals for Kingfisher Cove Townhomes, a 72-lot (63-buildable, 9-common) residential
subdivision. The 10.68-acre site is generally located on the northeast corner of West State Street
and SH-44.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, on Wednesday, September 16, 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 October 29, 2020. Revised preliminary plats were
received by the City of Eagle on February 22, 2021,April 14, 2021, and May 12, 2021. A revised
preliminary plat/site rendering was received by the City of Eagle on June 11,2021.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on November 17, 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 June 4, 2021. Notice of this public hearing
was mailed to property owners in accordance with the requirements of Title 67,Chapter 65, Idaho
Code and Eagle City Code on June 4, 2021. The site was posted in accordance with Eagle City
Code on June 10, 2021.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 3, 2015, the City Council approved a rezone from A (Agricultural), A-R (Agricultural-
Residential) and R-2-DA-P (Residential with a Development Agreement — PUD) to MU-DA
(Mixed Use with a Development Agreement in lieu of a PUD, including a height exception) at
9.93-dwelling units/acre and preliminary plat approval for Predico EP Subdivision(RZ-06-14 and
PP-08-14).
On August 15,2015,the Design Review Board approved the common area landscaping, seven(7)
apartment buildings, caretaker's unit, and a clubhouse within Predico Eagle Pointe Subdivision
(DR-62-14).
On June 28, 2016, the City Council approved a preliminary plat extension of time for Predico EP
Subdivision to be valid until June 9, 2017 (EXT-06-16).
On June 21, 2017, the Zoning Administrator approved a lot line adjustment for Michael Wright
(LLA-07-17).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE:
See justification letter dated August 24,2020,provided by the applicant's representative(attached
to the staff report).
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See justification letter dated August 24, 2020,provided by the applicant's representative(attached
to the staff report).
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H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU(Mixed Use with Vacant property
development agreement [in
lieu of a PUD])
Proposed No Change No Change(3.3-acre area) Mixed use development
R-9-DA(Residential with a including commercial,
development agreement [in retail, and single-family
lieu of a PUD])(7.38-acre attached residential.
area)
North of site Neighborhood Residential R-2-DA-P(Residential with a Countryside Estates
development agreement— Subdivision and agriculture
PUD)and A(Agricultural)
South of site Industrial PS-DA(Public/Semipublic Eagle Sewer District
with a development headworks,ACHD Park
agreement) and Ride, and SH-44
East of site Neighborhood Residential A(Agricultural) Agriculture
West of site Neighborhood Residential R-2-DA-P(Residential with a Countryside Estates
development agreement— Subdivision
PUD)
DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA,CEDA, or DSDA.
J. SITE DATA:
Total Acreage of Site— 10.68-acres(7.38-acres residential area)
Total Number of Lots—72(located within subdivision), 3-parcels
Residential- 63
Commercial — 3 (existing parcels, not a part of the preliminary
plat but subject to the development agreement modification)
Industrial—0
Common—9(inclusive of 7 access parcels)
Total Number of Units-
Single-family attached—63
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—3.3-acres
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 8.54-dwelling units per acre 8.54-dwelling units per
(based on proposed acre(as limited within the
subdivision area) development agreement)
•
Minimum Lot Size* 34,592-square feet(MU-DA 5,000-square feet(Mixed
zoned area) Use area)
1,655-square feet(R-9 zoned 1,600-square feet(R-9
area) zoned area)
Minimum Lot Width 21-feet 20-feet
Minimum Street Frontage 21-feet 20-feet
Total Acreage of Common Area 3.65-acres 1.48-acres(minimum)
Open Space**
Percent of Site as Common Area 49.4% 20%(minimum)
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.
* The site associated with the development agreement consists of four(4) separate parcels one of
which is proposed to be rezoned and subdivided.
**Not inclusive of alley area providing access to the residential dwellings.
K. GENERAL SITE DESIGN FEATURES:
Pathway Areas and Landscape Screening:
The applicant is proposing two (2) landscape buffers to be located with Lot 1, Block 1. A 50-foot
wide landscape buffer is proposed to be located adjacent to West State Street and a 75-foot wide
landscape buffer is proposed to be located adjacent to SH-44. The applicant is also proposing a
14-foot wide emergency access/pathway along the southern property line. The pathway reduces
to 10-feet in width approximately 880-feet from the eastern property line.
Open Space:
The open space consists of one (1) common lot. The common lot will contain the required
landscape buffer areas, sidewalks which provide access to the residential units, and a swimming
pool with parking lot.
Commercial Area:
The preliminary plat/site rendering, date stamped by the City on June 11, 2021, shows the
commercial area as a future phase. The commercial area consists of three (3) buildable parcels
which will be developed at a future date. The applicant will be required to submit a design review
application to be reviewed and approved by the Design Review Board and City Council prior to
the issuance of a zoning certificate.
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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:
The preliminary plat,date stamped by the City on May 12,2021,notes the following:
• All lot lines common to a public right-of-way and the subdivision exterior boundary have a
12-foot-wide permanent public utility, drainage,and irrigation easement.
• The interior side yard lot lines will not have any easements unless required by a utility
provider.
• A public utility, irrigation, and drainage easement will be provided along all rear lot lines
equal to the approved setback.
• The common lot(Lot 1, Block 1) will have a blanket public utilities, drainage, and irrigation
easement over the entire lot.
• The shared driveways (located within Lots 2, 15, 25, 26, 37, 50, and 63, Block 1) providing
access to the single-family attached units will also have a blanket public utility, irrigation,
and drainage easement.
Fire Hydrants and Water Mains:
The preliminary plat shows three (3) fire hydrants located within the subdivision. The hydrants
should be installed and approved as required by the Eagle Fire Department. The proposed
development is located within the Suez Water Company water service area.
On-site Septic System—No
Pressurized Irrigation:
The applicant submitted a Surface Water Pressurized Irrigation Waiver Request, date stamped by
the City on February 22, 2021, based on the applicant not having access to the existing surface
water rights due to the lack of easements or piping to deliver the surface water. The applicant
indicated within the request they have acquired a permit from the Idaho Department of Water
Resources to construct a well to be utilized for the pressure irrigation system.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of
the subdivision.
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.
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L. STREET DESIGN:
Public Streets:
The proposed public street is to be constructed as shown on the ACHD Roadway Typical Section
contained within the preliminary plat,date stamped by the City on April 14, 2021.
The proposed shared driveways (providing access to the single-family attached dwelling units)
are to be constructed as shown on the Residential Alleyway Typical Section contained within the
preliminary plat, date stamped by the City on April 14, 2021.
Blocks Less Than 500': None.
Cul-de-sac Design:
One cul-de-sac is proposed:
• Street 2 (as shown on the preliminary plat, date stamped by the City on May 12, 2021): 631-
feet in length, 50-foot radius(measured to back-of-curb).
Sidewalks:
A detached 5-foot-wide concrete sidewalk is proposed abutting the planter strips on both 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 sidewalk is proposed within the right-of-way along
West State Street. See Items "K" and "M" herein regarding the sidewalks along State Highway
44.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior public street. The alleyways are proposed with ribbon curbing adjacent to each side of the
alley.
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 name approval by the Ada County Street Name Committee has not been received to date.
Approval from that committee is required prior to final plat approval.
M. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways/Pathways:
The preliminary plat, date stamped by the City on May 12, 2021, shows a 14-foot wide
emergency access/pathway along the southern property line. The pathway reduces to 10-feet in
width approximately 880-feet from the eastern property line. The preliminary plat also delineates
a 5-foot wide detached sidewalk located along the south side of West State Street and detached
sidewalks located adjacent to an 8-foot wide planter strip along the public streets within the
development. The attached single-family residential units will be served by 5-foot sidewalks
(located within the common lot)connected to the detached sidewalks along the public street.
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Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified by the
City Council.
N. PUBLIC USES PROPOSED:
Public pathway along the southern property line.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site will receive potable water from Suez Water Company of Idaho. The site will receive
central sewer service from the Eagle Sewer District. The site will be served by the Eagle Fire
Department and Eagle Police Department.
Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees — yes — located along the southern property line approximately 300-feet from the
eastern property line.
Riparian Vegetation-no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required
S. 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 letters dated May 12, 2021, are of special
concern(attached to the staff report).
City Trails and Pathways Superintendent, memo dated December 4, 2020 (attached to the staff
report)
City Museum Curator/Historic Preservation Officer
Ada County Highway District
Ballentyne Ditch Company
Central District Health
COMPASS(Communities in Motion 2040)
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
T. LETTERS FROM THE PUBLIC(attached to the staff report):
Email correspondence received from Jennifer Butler, dated June 7,2021.
Email correspondence received from Teresa Peery,dated June 8, 2021.
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Correspondence received from Charles Moore, date stamped by the City on June 14, 2021.
U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant proposes to construct the development in a single-phase with construction to begin
in the fall of 2021.
V. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment,
and/or conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water and
sewer,and schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided
in a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the
surrounding area for this proposed development justifies any proposed deviation from any
standard district regulations.
In 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.
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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 designates this site as:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within the Central Business District (CBD).
Development within this land use designation should be required to proceed through the PUD
and/or Development Agreement process, see specific planning area text for a complete
description.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
6.4.2 General Land Use Objectivities
R. Encourage the development of high density residential units(up to 10 dwelling units per acre)
on the northeast corner of the State Highway 44 and Ballantyne Lane just south of West State
Street. Due to the location of the property between State Highway 44 (principal arterial),
State Street (minor arterial) and Ballantyne Lane (collector) and the impacts of the regional
roadway system, single family uses should be discouraged. Uses in this area should be
developed and controlled through the rezone and development agreement process.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
DWELLING, SINGLE-FAMILY ATTACHED: A dwelling consisting of two (2) or more
dwelling units attached to one another by common walls with each dwelling unit being on a
separate lot,commonly referred to as townhouses and/or townhomes.
EASEMENT: Authorization by a property owner for the use by another, and for a specified
purpose,of any designated part of his property.
PRIVATE ROAD: A road, street, alley, or bridge that is not laid out or established by the state of
Idaho or a subdivision of the state or dedicated to the state or a subdivision of the state and
accepted by such entity or used by the public for a period of not less than five (5) years and
worked and kept up by, at the expense of,the public during that period of time.
STREET: A right of way which provides vehicular and pedestrian access to adjacent properties,
the dedication of which has been officially accepted. The term "street" also includes the terms
highway,thoroughfare,parkway, road, avenue, boulevard, lane,place or other such terms.
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Access Street: A minor street which has the primary purpose of providing access to abutting
properties.
Alley: A minor street providing secondary access at the back or side of a property otherwise
abutting a street.
Private Street: A street that is not accepted for public use or maintenance which provides
vehicular and pedestrian access.
• Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the zoning
districts have been formulated to realize the general purposes as set forth in this title. In addition,
the specific purpose of each zoning district shall be as follows:
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 lot split 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. When a property is being proposed for rezone to the R zoning district, a development
agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the
city council, provided the development agreement includes conditions of development that are
required during the PUD and conditional use process.
• Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for the
MU(Mixed Use)zone:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Width I*
Sq. Ft.)G
And H*
R-6 to R- 35' 20'/ 15' 5' 20' N/A 1,600 20'
10 single- 10' if 5' if 0'for
family alley alley common
attached load load wall
dwellings
I. Lot width shall be determined as follows: The distance between side lot lines measured at a
point midway between the front and rear lot lines. Minimum lot frontage, the portion of a lot
front adjacent to a public or private street,for all residential zoning districts shall be 35 feet.
• Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements:
J. Buffer Areas/Common Lots:
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
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common lot located between the residential lots within the subdivision and the right of
way line of the adjacent roadway. This buffer is required as part of the common area
open space owned and maintained by a homeowners' association. Any landscaping
proposed to be within the public right of way shall not be included as a part of the buffer
area required below. The height for berming/fencing, as noted below, shall be measured
from the elevation of the final grade of the adjacent roadway (measured at the centerline)
to the top of the proposed berming/fencing. The required buffer area width,plantings,and
fencing are as follows:
a. Any road designated as collector on the master street map typologies map in the
Eagle comprehensive plan:
A minimum of thirty five feet(35')wide buffer area(not including right of way)shall
be provided with the following plants per one hundred(100) linear feet of right of
way: four(4)shade trees, five(5)evergreen trees,and twenty four(24)shrubs. Each
required shade tree may be substituted with two(2)flowering/ornamental trees,
provided that not more than fifty percent(50%)of the shade trees are substituted.
A minimum five foot(5')high, maximum eight foot(8')high,berm,decorative block
wall,cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet(3')horizontal distance to one foot(1')vertical distance.
If a decorative block wall,cultured stone,decorative rock, or similarly designed
concrete wall is to be provided in combination with the berm, a four foot(4')wide
flat area shall be provided for the placement of the decorative wall. Chainlink,cedar,
and similar high maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code, Section 8-7-3-3 Public Sites and Open Spaces:
B. Natural Features: Existing natural features which add value to residential development and
enhance the attractiveness of the community(such as trees,watercourses,historic spots and
similar irreplaceable assets)shall be preserved in the design of the development.
C. Special Developments: In the case of planned unit developments and large scale
developments, the council may require sufficient park or open space facilities of acceptable
size, location and site characteristics that may be suitable for the proposed development.
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 9-1-6 Rules and Definitions:
ALLEY: A minor street providing secondary access at the back or side of a property otherwise
abutting a street.
DEAD END STREET: A street connecting to another street at one end only and not having
provision for vehicular turnaround at its terminus.
DRIVEWAY: A travel way not dedicated nor intended for public use, privately maintained,
serving a maximum of two (2) lots or parcels.
MINOR STREET: A street which has the primary purpose of providing access to abutting
properties.
PRIVATE STREET: A right of way which provides access to adjacent properties under separate
ownership and which is not dedicated to or officially accepted by a public entity, but not
including a driveway as defined in subsection 9-3-2-1(J)of this title.
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• Eagle City Code Section 9-2-3: Preliminary Plat:
C. Required Information and Data:
j. Lot lines and blocks showing the dimensions and numbers of each;
• Eagle City Code Section 9-3-2-1: Streets and Alleys: Location and Design:
B. Minor Streets: Minor streets shall be so arranged as to discourage their use by through traffic.
E. Public Alleys: Public alleys shall be provided in multiple dwelling or commercial subdivisions
unless other provisions are made for service access and off street loading and parking. Dead
end public alleys shall be prohibited in all cases.
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet (750')
in length and shall terminate with an adequate circular turnaround having a minimum radius
of fifty feet (50') of right of way including a landscape island with a minimum radius of ten
feet (10'). A minimum of forty feet (40') of pavement shall be provided between the
landscape island and the outside edge of the street as measured from the face of curb of the
island to the face of curb located on the outside edge of the street. One traffic control sign
stating that on street parking is prohibited within the turnaround shall be installed at the
entrance of the turnaround on the driver's side of the street. The following exceptions may be
considered by the council:
1. Alternative types of turnarounds for cul-de-sacs which will provide access to less than
thirteen(13)dwelling units may be permitted by the city if approved by the fire
department and the highway district having jurisdiction.
I. Private Streets: Private streets that provide access to no more than ten percent (10%) of the
lots may be permitted within planned unit developments provided that the standards within
section 9-3-2-5 of this chapter are met.
J. Driveways: Driveways which provide access to no more than two (2) lots shall be allowed
within any subdivision provided at least one (1) of the lots has the minimum street frontage
required in section 8-2-4 of this code.
• Eagle City Code, Section 9-3-2-5 Private Streets:
Private streets may be permitted, in the discretion of the council, subject to the following:
A. Compliance: Private streets may provide access to no more than ten percent(10%)of the lots
within a planned unit development provided the council determines that the private streets are
in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that private
streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks,and parking.
3. The private streets shall provide adequate access for service and emergency vehicles.
4. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel layout.
6. Other than to provide emergency access, the private streets do not connect one public
street to another, thereby encouraging travel through the development served by the
private street; provided, however, that in order to provide secondary access, a private
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street may have more than one connection to a public street and/or may be connected to
more than one public street if access thereto is controlled by automatic gates or other
control devices approved by the council.
7. The use or alignment of the private streets does not interfere with the continuity of public
streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets, including provisions for the funding thereof.
B. Construction And Design Standards: Private streets shall conform to the following
construction and design requirements:
1. All private street construction shall be in accordance with Ada County highway district's
structural standards for streets including base course and asphaltic concrete mat thickness
utilizing the appropriate traffic index or as may be recommended by the city engineer and
approved by the city council, and shall further be in accordance with Ada County
highway district's intersection design and drainage requirements, or as may be
recommended by the city engineer and approved by the city council.
2. Except as may be otherwise set forth in this section, private streets shall meet such design
and dimensional requirements as the council may determine are appropriate considering
the proposed use and the site upon which the private streets are to be placed, however, all
private streets shall contain paved travel lanes a minimum of twelve feet (12') in width
(except as noted herein) and shall otherwise provide for the safe, convenient, and
effective movement of both vehicular and pedestrian traffic. Vertical curbing shall be
provided for streets that are less than thirty four feet(34') in total width.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including, but not
limited to,designated parking and"no parking" areas, speed, stop, and such other signs as
are required for safe pedestrian and vehicle travel.
5. All private streets shall, during the progress of construction, be inspected and tested, at
the expense of the owner or developer, by a qualified inspector in order to ensure
compliance with the construction and design standards set forth in this section, the
construction drawings as prepared by the registered professional engineer, and good
engineering and construction practices. Reports of such inspections and tests shall be
submitted, together with a certification of such compliance, for the review and approval
by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public right
of way, or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of
this chapter and subject to the approval of the Eagle fire district and city engineer and
provided further that proper maintenance of the island is provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle
fire district and the city engineer;or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer, and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared by
a licensed professional engineer in the state in substantial conformance with engineering
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and design standards in effect at the time of preparation of the design. Construction
drawings, together with a certification of such conformity, shall be submitted for the
review and approval by the city engineer. No part of this section shall be construed as
allowing a private street that is not in conformance with current engineering and design
standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more restrictive
standard shall prevail, unless specifically determined otherwise by the city council.
C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance
of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost estimate
therefor prepared by a licensed professional engineer in the state, together with a
proposed method for funding the same, including, but not limited to, the creation and
maintenance of a reserve fund for that purpose, shall be submitted with the final plat
application for review and approval by the city engineer and city council.
2. The location of the private street shall be clearly depicted on the face of the plat and notes
shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private
street the perpetual right of ingress and egress over the described private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street cannot be
modified and the homeowners'/property owners' association or other entity cannot be
dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be recorded at
the time of recording the plat which said covenant shall create a homeowners'/property
owners' association or substantially similar entity and make provision for the perpetual
maintenance of the private street in accordance with the approved plan as provided for in
subsection C 1 of this section. Said restrictive covenant shall also provide that the said
covenant shall run with the land and that the said covenant cannot be modified and that
the homeowners'/property owners' association or other entity cannot be dissolved without
the express consent of the city. The said restrictive covenant shall be reviewed and
approved by the city attorney prior to certification and signing of the final plat by the city
engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private street approved in accordance with
the provisions of this section to undertake such repair and maintenance activities as it
may determine is necessary to protect the public health, safety, or welfare and make such
expenditures from the funds reserved therefor as may be required thereby; and the owner
or responsible entity shall, as a condition of approval of any such private street, be
deemed to have agreed to comply with any such order and to reimburse the city all of its
costs, including attorney fees, incurred in obtaining or enforcing any such order. Any
order entered by the council pursuant to this subsection may be enforced by a court of
competent jurisdiction and the city shall be entitled to recover its costs and attorney fees
incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all
applicable components of the comprehensive plan.
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E. Waiver: The council may waive or modify any of the standards or requirements of this
section when the private streets have been determined to be an integral element of the overall
plan and scheme of the development or will serve to enhance the overall development;
provided,however,that any such waiver shall not be injurious to public health or safety.
• Eagle City Code Section 9-4-1-6: Pedestrian/B icy lcle Pathway and Sidewalk Regulations:
F. Sidewalk Design:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or at
the building setback line, is over one hundred feet (100'), sidewalks on only one side of
the street may be allowed.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb
by a minimum eight foot(8')wide landscape strip. The landscape strip shall be completed
with sod, automatic irrigation, and planted with two inch (2") minimum caliper shade
class trees along all streets within the subdivision. Installation of landscaping shall be in
accordance with section 8-2A-7 of this code. The area within the eight foot (8') wide
landscape strip may be counted toward the minimum required common area open space.
D. DISCUSSION(based on the preliminary plat,date stamped by the City on November 25,2020):
• The preliminary plat shows an attached sidewalk located adjacent to North Edgewood Lane
(Public). Pursuant to Eagle City Code 9-4-1-6 (F), sidewalks shall be separated from the edge of
the abutting roadway and/or back of curb by a minimum 8-foot wide landscape strip. The
applicant should be required to provide a revised preliminary plat showing the sidewalk along
North Edgewood Lane (Public) separated from the street by a minimum 8-foot wide landscape
strip. The revised preliminary plat should be provided prior to submittal of a design review
application.
• The preliminary plat shows a sidewalk located on the south side of E. Spartan Lane(Private). The
preliminary plat does not show a sidewalk located along the private alley providing access to Lots
33-35, Block 1. The applicant should be required to provide a revised preliminary plat showing a
minimum 5-foot wide sidewalk providing access from E. Spartan Lane (Private) to Lots 33-35,
Block 1. The revised preliminary plat should be provided prior to submittal of a final plat
application.
• Plat note #3 of the preliminary plat 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 (see specifically approved building
setbacks for this project on this sheet)."
The specific setbacks are referenced on the preliminary plat. If it is the applicant's intention to
reference the specific setbacks on the final plat it should be noted that if the setbacks were ever to
be modified the recorded final plat would need to be modified which may require a vacation to
the recorded plat and modification to the setbacks. The applicant should be required to provide a
revised preliminary plat with plat note #3 revised to state, "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 pursuant to RZ-11-20." The
revised preliminary plat should be provided prior to submittal of a final plat application.
• Plat note #6 of the preliminary plat states, "Utility and Drainage Easements: 12.0' Front, Rear,
and Subdivision Boundary. 5.0' Interior Side Lot Lines(as indicated)."
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Based on the proposed setbacks of Front 10-feet, Rear 5-feet, Interior Side (Common Walls) 0-
feet, and Exterior Side 5-feet, the proposed easement widths will encroach into the residential
dwellings in the event the residential dwellings are located at the setback line. The applicant
should be required to delineate all easements within the map portion of the preliminary plat with
the exception of the common lots. The applicant should be required to provide a revised
preliminary plat with plat note#6 revised to state, "All utility, drainage, and pressurized irrigation
easements shown or designated hereon are non-exclusive, perpetual, shall run with the land, are
appurtenant to the lots shown hereon, and are hereby reserved for the installation, maintenance,
operation, and use of public and private utilities, drainage, pressurized irrigation, sewer service,
cable television/data; appurtenances thereto." The revised preliminary plat should be provided
prior to submittal of a final plat application.
The preliminary plat shows utilities (water, sewer, and pressurized irrigation) and proposed catch
basins for drainage located within the common lots and private street/alley lots. Plat note #6
references utility and drainage easements 12-feet in width along the front, rear, and subdivision
boundary. Also, plat note #6 references a 5-foot wide utility and drainage easements along the
interior side lot lines (as indicated). The preliminary plat shows the utilities and proposed catch
basins located within the common lots outside of the referenced easement areas. The applicant
should be required to provide a revised preliminary plat with plat note #7 associated with the
common lots revised to identify the common lots shall have a blanket public utility, drainage, and
irrigation easements. The revised preliminary plat should be provided prior to submittal of a final
plat application.
• Plat note #7 of the preliminary plat states, "Lots 1, 17, 18, 19, and 29, Block 1, are common lots
to be owned and maintained by the Eastfield Subdivision Homeowner's Association.
Additionally,Lot 17 is a private street and alley lot."
Although the plat note addresses who owns and is responsible for the maintenance of the
common lots and that Lot 17 is a private street and alley lot, the plat note contains incorrect
references as to which lots are actually common lots. Lots 19 and 29, Block 1, are residential lots.
The preliminary plat shows Lots 1, 16, 17, 18, and 28, Block 1, as common lots. Lot 17, Block 1,
is shown to contain E. Spartan Lane (Private) and the private alleys. Also, a portion of Lot 28,
Block 1, is separated from the remaining portion of the lot by Lot 17, Block 1. The applicant
should be required to provide a revised preliminary plat with the portion of Lot 28, Block 1,
located along the northern and eastern property line re-numbered to Lot 36, Block 1. The revised
preliminary plat should be provided prior to submittal of a final plat application. The applicant
should be required to provide a revised preliminary plat with plat note#7 revised to state, "Lots 1,
16, 18, 28, and 36, Block 1, are common lots to be owned and maintained by the Eastfield
Subdivision Homeowner's Association. Lots 1, 16, 18, 28, and 36, Block 1, shall contain a
blanket public utility,drainage, and pressurized irrigation easement."The revised preliminary plat
should be provided prior to submittal of a final plat application.
Lot 17, Block 1, contains the private street and private alleys which serve as access to all of the
lots located within the development. Since the open space lots and the private alley lots serve
separate purposes the applicant should be required to use separate plat notes to identify the
common lots based on use. Also, Eagle City Code Section 9-3-2-5(C)(2), requires a plat note be
included on the plat which addresses the following: a) the perpetual right of ingress and egress
over said lots, b) provide that the easement shall run with the land, c) provide that the owners
located adjacent to said lots shall be responsible for the maintenance of the common lots/private
alley, and d) provide that a restrictive covenant for maintenance of the common lots/private alley
cannot be modified without the express consent of the city. The applicant should be required to
provide a revised preliminary plat with a new plat which states, "The residential lots located
adjacent to Lot 17, Block 1, shall a) have the perpetual right of ingress and egress over said lots,
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b)provide that the easement shall run with the land, c)provide that the owners located adjacent to
said lots shall be responsible for the maintenance of the common lots/private alley, and d)provide
that a restrictive covenant for maintenance of the common lots/private alley cannot be modified
without the express consent of the city. The revised preliminary plat should be provided prior to
submittal of a final plat application.
• Plat note #9 of the preliminary plat states, "Any re-subdivision of this plat shall comply with the
applicable zoning regulations in effect at the time of re-subdivision."
The plat note is silent to the required subdivision regulations associated with Eagle City Code.
The applicant should be required to provide a revised preliminary plat with plat note#9 revised to
state, "Any re-subdivision of this plat shall comply with the applicable zoning and subdivision
regulations in effect at the time of re-subdivision." The revised preliminary plat should be
provided prior to submittal of a final plat application.
• Plat note #11 of the preliminary plat states, "Direct lot access to N. Edgewood Lane is prohibited
unless specifically approved by Ada County Highway District and the City of Eagle."
The proposed subdivision is also located along East Hill Road (collector). The applicant should
be required to provide a revised preliminary plat with plat note #11 revised to state, "Direct lot
access to N. Edgewood Lane and E. Hill Road is prohibited unless specifically approved by Ada
County Highway District and the City of Eagle."The revised preliminary plat should be provided
prior to submittal of a final plat application.
• The applicant is requesting a rezone with a development agreement (in lieu of a PUD). The
preliminary plat does not contain a note which references a development agreement associated
with the subdivision. Since the development agreement will be used in lieu of a PUD the
applicant should be required to provide a revised preliminary plat with a new plat note which
states, "This subdivision is subject to a development agreement associated with RZ-11-20 and
any subsequent modifications." The revised preliminary plat should be provided prior to
submittal of a final plat application.
• The preliminary plat does not contain a plat note which references the CC&Rs associated with the
subdivision. The City requires that specific items are included within the CC&Rs in regard to
operation and maintenance of common areas, private streets, fencing, and a reference to
government rules supersede the CC&Rs. The applicant should be required to provide a revised
preliminary plat with a new plat note which states, "This subdivision is subject to the Covenants,
Conditions, and Restrictions, Ada County Instrument No. , or as subsequently
amended. The restrictive covenants for maintenance of the private street and alleys cannot be
modified and the Homeowner's Association cannot dissolved without the express consent of the
City of Eagle." The revised preliminary plat should be provided prior to submittal of a final plat
application.
• The preliminary plat shows the private alley providing access to Lots 33 — 34, Block 1, is
approximately 210-feet in length between East Spartan Lane (Private) and the emergency access
from East Hill Road. The emergency access contains removable bollards which will not allow
service vehicles and/or delivery trucks to turn around to exit the private alley. The applicant
should be required to provide a revised preliminary plat showing a vehicle turnaround for service
vehicles and/or delivery trucks located between Lots 33 —34, Block 1, and the private street. The
revised preliminary plat should be provided prior to submittal of a final plat application.
• The applicant is proposing one (1) private street with attached private alleys to provide access to
the residential lots within the subdivision. The preliminary plat shows all residential lots take
access from the portion of Lot 17, Block 1, identified as "Private Alley." Eagle City Code does
not recognize private alleys as a permitted use or prohibited use. The proposed rear setbacks of 5-
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feet are based on the single-family attached units taking access from an alley. Pursuant to Eagle
City Code Section 9-1-6, public alleys shall be provided in multiple dwelling or commercial
subdivisions unless other provisions are made for service access and off street loading and
parking. Dead end public alleys shall be prohibited in all cases. Three (3)of the proposed private
alleys terminate at a dead end. Eagle City Code Section 9-1-6, defines alley as a minor street
providing secondary access at the back or side of a property otherwise abutting a street. Lots 2 -
15 and 19-23, Block 1, abut a street, however the remaining lots do not abut a street. Eagle City
Code Section 9-1-6, defines a driveway as a travel way not dedicated nor intended for public use,
privately maintained, serving a maximum of two (2) lots or parcels. The private alleys provide
access to up to nine lots(Lots 19—27, Block 1) in one(1)area and a total of six(6) lots separated
into three(3) lots in two (2)other areas. If the applicant is required to identify the public alleys as
private streets the area of the lot located adjacent to the public street would be considered the
front of the lot. Pursuant to Eagle City Code Section 8-2-4, the front setback for single-family
attached units is 20-feet and rear setback is 15-feet. Eagle City Code Section 9-3-2-5(E),
associated with private streets states the City Council may waive or modify any of the standards
or requirements of that section when the private streets have been determined to be an integral
element of the overall plan and scheme of the development. As previously mentioned, there is no
provision within Eagle City Code that addresses the private alleys. Pursuant to Eagle Code
Section 9-3-2-5 (E), the applicant is requesting waivers regarding the private streets and private
alleys to permit their proposal. Staff will defer to the City Council regarding the utilization of the
private alleys to provide access to the residential lots.
• The proposed subdivision is located along East Hill Road (collector). The applicant is requesting
a waiver of Eagle City Code to allow for a reduction of the required 35-foot buffer width
associated with the buffer located along East Hill Road (collector). Pursuant to Eagle City Code
Section 8-2A-7(J)(4)(a), a minimum 35-foot wide buffer area is required. The preliminary plat
shows the area located along East Hill Road is a common lot which is 35-feet in width except for
the area located adjacent to the existing house to remain. The common lot width between the
existing house to remain and the East Hill Road right-of-way is 25-feet in width. If the City
Council approves the waiver request associated with the reduction of the required buffer area, the
applicant should be required to submit an alternative method of compliance application with the
design review application to be reviewed and approved by the Design Review Board and the City
Council prior to submittal of a final plat application.
• The preliminary plat identifies and delineates the proposed setbacks within the subdivision as
follows:
Alley Load
Front 10-feet
Rear 5-feet
Interior Side(common walls) 0-feet
Exterior Side 5-feet
Lots 33/34/35
Edge of Alley to Garage 25-feet
Edge of Alley to Living 20-feet
Rear 15-feet
Interior Side(common walls) 0-feet
Exterior Side 5-feet
The proposed setbacks are in conformance with Eagle City Code Section 8-2-4. The preliminary
plat delineates the setback lines adjacent to the alley on Lots 33 — 35, Block 1, at 10-feet. The
setbacks for the subdivision should be as follows:
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Alley Load
Front 10-feet
Rear 5-feet
Interior Side(common walls) 0-feet
Exterior Side 5-feet
Lots 33/34/35
Edge of Alley to Garage 25-feet
Edge of Alley to Living 20-feet
Rear 15-feet
Interior Side(common walls) 0-feet
Exterior Side 5-feet
Based on the lack of parking located in proximity to Lots 33 — 35, Block 1, the applicant should
be required to provide a revised preliminary plat which does not delineate the setbacks on Lots 33
— 35, Block 1. The revised preliminary plat should be provided prior to submittal of a final plat
application.
• A portion of the site (21,978-square feet) located in proximity to the north property line contains
an ACHD right-of-way associated with a section of North Edgewood Lane that has been
abandoned. The applicant has petitioned the Ada County Highway District to vacate and abandon
the public right-of-way associated with the section of the abandoned North Edgewood Lane. The
applicant should be required to provide vacation documentation from ACHD indicating the right-
of-way associated with the abandoned North Edgewood Lane has been vacated. The vacation
documentation should be provided prior to submittal of a final plat application.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on June
21, 2021, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative)who indicated the following.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by two(2) individuals who indicated the following:
• The citizens of Eagle do not want this kind of high-density development.
• Residents moved to Eagle for the ambiance and the proposed subdivision is not harmonious with
the surrounding area.
• The proposed development will have a significant traffic impact on the surrounding intersections.
• The property should be developed with single-family detached units.
• Subdivision approvals should not be based on previous approvals.
• There is enough high density housing in Eagle and the city needs to keep the best interest of the
residents in mind for future development.
• Higher density creates less value.
• The property should be developed with single-family detached residential with a density similar
to Paddy Row Subdivision.
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D. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning
and Zoning Commission by one(1) individual who indicated the following:
• The proposed single-family attached development is an improvement over the multi-family
dwellings which were previously approved.
• They are supportive of owner-occupied homes.
• Based on this proposed development and future development of the property located at the
northeast corner of West State Street and North Ballantyne Lane the additional traffic will impact
the area.
• The additional traffic should be mitigated.
• The design review board should require the same standards as they have required in other areas of
the city.
COMMISSION DELIBERATION: (Granicus time 2:35:45)
Upon closing the public hearing,the Commission discussed during deliberation that:
• The comprehensive plan contains a policy which encourages high density at this location.
• The Commission supports the applicant's desire to construct single-family attached homes.
• They understand the frustration of the residents regarding density, however,the comprehensive plan
designates this area to have high density.
• The property is located along the SH-44 corridor, the City has not received correspondence from ITD
to address ITD concerns. The Commission should place a condition on the application to address
future ITD concerns.
• The proposed development should not create additional traffic north of West State Street.
• The proposed project will not impact the ambiance of the city due to the city's high standards for
landscaping and architecture.
• The required landscaped berms will buffer the residential units from West State Street and the
surrounding area.
COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT
AGREEMENT MODIFICATION:
The Commission voted 5 to 0 to recommend approval of RZ-06-14 MOD for a rezone development
agreement modification for Don Newell with the following staff recommended conditions of development
to be placed in an Amended and Restated Development Agreement:
3.1 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.
3.2 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the
Project. As the Concept Plan evolves, the City understands and agrees that certain changes in that
concept may occur or be required. 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 and notice shall be provided as
may be required by the City.
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3.3 The Property as depicted on the concept plan is to be developed with a combination of any office
and commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations"under the MU zoning designation(except as permitted in Section 3.4, below).
3.4 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Mixed Use District land
uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations",
existing at the time a design review application or conditional use permit application(whichever the
case may be) is made for individual building use.
All uses shown as "P"permitted under the MU zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the MU zoning designation shall require a conditional use
permit.
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above,the following uses shall also be prohibited on the Property:
• Residential, Mobile Home(Single Unit);
• Residential, Mobile Home(Single Unit Temporary Living Quarters);
• Residential,Mobile Home Park;
• Adult Business;
• Automotive washing facility;
• Cemetery;
• Circuses and Carnivals;
• Drive-In Theatre;
• Equipment Rental and Sales Yard;
• Kennel;
• Nursery,plant materials;
• Riding Academies/Stables;
• Small Engine Repair;
• Storage(fenced area);
3.5 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to
the submittal of a final plat application or issuance of any building permits, whichever occurs first.
Owner shall provide proof of central sewer service to the proposed commercial uses. A letter of
approval shall be provided from the Eagle Sewer District prior to issuance of any building permits.
3.6 Owner shall tile the Ballantyne Irrigation Ditch within the subject property and provide an access
easement as required by the Ballantyne Irrigation Ditch Company prior to the City Clerk signing
the final plat or issuance of the first building permit,whichever occurs first.
3.7 The development is to incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables,etc.).
3.8 Owner shall construct a 10-foot wide concrete sidewalk along the frontage of State Highway 44 to
tie into the 10-foot wide sidewalk associated with the Kingfisher Cove Townhomes. The sidewalk
shall be constructed prior to the City Clerk signing the Kingfisher Cove Townhomes final plat
COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT
AGREEMENT (DEVELOPMENT AGREEMENT IN LIEU OF A PUD):
The Commission voted 4 to 1 (McLaughlin against) to recommend approval of RZ-14-20 for a rezone
from MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) to R-9-DA (Residential
with a development agreement [in lieu of a — PUD]) for Don Newell, with the following staff
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recommended conditions of development to be placed in a development agreement with underline text to
added by the Commission and strike through text to be deleted by the Commission:
3.1 The maximum density for the Property shall be 8.53 dwelling units per acre (63 single-family
attached lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan,notice shall be provided as may be required by the City.
3.4 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and
platting while still maintaining the general intent of the Concept Plan with the requirements set
forth in this Development Agreement. Specific design elements shall be clarified during the platting
and design review application processes. However, the streetscape as shown on the concept plan
(center landscape island, street trees, pool, pergola shade structure, and pathways) shall be required
design elements as part of the final design for the site.
3.5 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, shared driveways, 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 Fencing Concept Plan (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.
3.6 The Setbacks shall be as follows:
Front 10-feet
Rear(adjacent to alley) 5-feet(maximum)
Interior Side(common walls) 0-feet
Exterior Side 5-feet
3.7 Owner shall comply with the Idaho Power Company requirements regarding the separation distance
between an electrical transformer and structure.
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3.8 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, shared driveways, 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 and 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 Fencing Concept Plan(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.
3.9 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 commercial uses. A letter of approval shall
be provided to the City from the Idaho Department of Health and Welfare, Department of
Environmental Quality, and/or Central District Health, prior to issuance of any building permits.
3.10 The single-family attached units shall not exceed 29-feet in height and shall not be more than two-
stories. The single-family attached dwellings shall be required to meet the design review
requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design book.
Eagle Design Review Board and Eagle City Council approval of the detailed architectural plans for
the development is required prior to the issuance of building permits for the single-family attached
dwellings.
3.11 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator
with the submittal of the final plat. The plans shall show how the lights will facilitate the "Dark
Sky"concept of lighting.
3.12 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage,2)planting details within the proposed and required landscape island and all common areas
throughout the development, 3) landscape screening details and buffering for the residential units
adjacent to West State Street and State Highway 44, 4) elevation plans for all proposed common
area structures and irrigation pump house (if proposed), 5) landscape screening details of the
irrigation pump house (if proposed), and 6) useable amenities such as picnic tables, covered
shelters, benches, gazebos, and/or similar amenities (if proposed). The design review application
shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to
the submittal of the first final plat.
3.13 All living trees shall be preserved unless otherwise determined by the City Council. A detailed
landscape plan showing how the trees will be integrated into the open space areas (unless approved
for removal by the City Council) shall be provided prior to the submittal of a final plat.
Construction fencing shall be installed to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
3.14 Owner shall tile the Ballantyne Irrigation Ditch within the subject property and provide an access
easement as required by the Ballantyne Irrigation Ditch Company prior to the City Clerk signing
the final plat.
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3.15 Provide a license agreement from the respective transportation agency approving the landscaping
located within the public right-of-way prior to the City Clerk signing the final plat.
3.16 Owner shall construct a 10-foot wide concrete sidewalk along the frontage of State Highway 44 to
tie into the sidewalk located at the northeast corner of West State Street and State Highway 44. The
sidewalk shall be constructed prior to the issuance of a certificate of occupancy for the first single-
family attached dwelling units.city Clerk g the Kingfisher Cove Town omcs final plat
3.17 Owner shall construct the required buffer area located adjacent to State Highway 44 and West State
Street prior to the City Clerk signing the final plat.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 1 (McLaughlin against) to recommend approval of PP-07-20 for Kingfisher
Cove Townhomes Subdivision(Exhibit"A")for Don Newell, 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-14-20 or
any subsequent modifications.
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. (ECC 9-2-3 [C] [3] [1])
4. 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).
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 within 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. All living trees on any lot shall be preserved, unless otherwise determined by the Design Review
Board. A detailed landscape plan showing how the trees will be integrated into the open space areas
or private lots (unless approved for removal the Design Review Board) shall be provided for Design
Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed
(pursuant to the Design Review Board's direction)to protect all trees that are to be preserved, prior to
the commencement of any construction on the site.
7. The applicant shall be required to landscape between the emergency/access pathway and the southern
property line. The landscaping shall be complete prior to the City Clerk signing the final plat.
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8. Provide a revised preliminary plat with plat note #3 revised to state, "Direct lot access to West State
Street and State Highway 44 is prohibited unless approved by City of Eagle and Ada County
Highway District or the Idaho Transportation Department." The revised preliminary plat shall be
provided prior to submittal of a final plat application.
9. Provide a revised preliminary plat with plat note#6 revised to state as follows:
"The following lots are designated as shared driveway lots. The residential lots located adjacent
to the shared driveway lots shall have perpetual right of ingress/egress over said lots; the
ingress/egress easement shall run with the land; the shared driveway lots shall be owned and
maintained by the homeowners association; and, the restrictive covenant for maintenance of the
shared driveway lots cannot be modified and the homeowners'/property owners association or
other entity cannot be dissolved without the express consent of the city. These lots also provide a
blanket public utility, irrigation, and drainage easements."
6.1 LOT 2,FOR LOTS 3-7.
6.2 LOT 15,FOR LOTS 8-14 AND LOTS 16-21.
6.3 LOT 25,FOR LOTS 22-24.
6.4 LOT 26,FOR LOTS 27-31.
6.5 LOT 37, FOR LOTS 32-36 AND LOTS 38-43.
6.6 LOT 50,FOR LOTS 44-49 AND LOTS 51-56.
6.7 LOT 63,FOR LOTS 57-62 AND LOTS 64-71."
The revised preliminary plat should be provided prior to submittal of a final plat application. (ECC 9-
2-3-5[C][2])
10. Provide a revised preliminary plat with Page PP1.00 revised to indicate the area of Lot 1, Block 1.
The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9-2-
3[C][3][j])
11. Provide a revised preliminary plat showing streetlights located on the north side of Street 2 at the
locations where the shared driveways and common lots containing sidewalks intersect the street. The
streetlight located at the terminus of the cul-de-sac shall be relocated to the south side of the driveway
providing access to the swimming pool. The revised preliminary plat shall be provided prior to
submittal of a final plat application. (ECC 9-4-1-5)
12. Provide a revised preliminary plat with a new plat note which states, "This development recognizes
22-4503 of the Idaho Code, Right to Farm Act, which states: No agricultural operation, agricultural
facility or expansion thereof shall be or become a nuisance, private or public, by any changed
conditions in or about the surrounding nonagricultural activities after it has been in operation for more
than one (1)year, when the operation, facility or expansion was not a nuisance at the time it began or
was constructed. The provisions of this section shall not apply when a nuisance results from the
improper or negligent operation of an agricultural operation, agricultural facility or expansion
thereof." The revised preliminary plat shall be provided prior to submittal of a final plat application.
13. Provide a revised preliminary plat with a new plat note which states, "All lots will be subject to the
terms and conditions of the Covenants, Conditions, Restrictions, and Easements, as subsequent
modifications, for Kingfisher Cove Townhomes, recorded as Instrument No. ." The
restrictive covenants for maintenance of the private street and alleys cannot be modified and the
Homeowner's Association cannot be dissolved without the express consent of the City of Eagle."The
revised preliminary plat shall be provided prior to submittal of a final plat application.
14. Provide a revised preliminary plat with the public utility, drainage, and irrigation easements
delineated on the plat. The revised preliminary plat shall be provided prior to the submittal of a final
plat application. (ECC 9-3-6)
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15. A surface water pressurized irrigation waiver request is hereby granted since the surface water
irrigation purveyor cannot deliver surface water to the site. A pressurized irrigation system utilizing
irrigation well water shall be completed, and the pressurized irrigation system charged prior to the
City Clerk signing the final plat. (ECC 9-4-1-9[C][2])
16. The applicant shall be required to install a traffic control sign stating that on street parking is
prohibited within the cul-de-sac turnaround at the entrance of the turnaround on the driver's side of
the street. The traffic control sign shall be installed prior to the issuance of the first building permit.
17. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk
signing the final plat. (ECC 9-4-1-8)
18. The Kingfisher Cove Townhomes Subdivision shall remain under the control of one Homeowners
Association.
19. 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.
20. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity.
21. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of a final plat application.
22. The final plat for Kingfisher Cove Townhomes Subdivision shall be recorded in the Ada County
Recorder's office prior to the issuance of building permits.
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. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed
on the street side of the home or shall have their sewer drainage system designed with a stub at
the house front to allow for future connection to a public sewer system.
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8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific
criteria for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final
plat. A copy of the construction drawing(s)shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to
the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will
be developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the
final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer
and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so
graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff
shall cross any lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing
by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch(1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to
the City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including,but not limited to, landscaping,fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval
of the organized irrigation district, canal company, ditch association, drainage district, drainage
entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or
canal. The applicant shall submit a copy of the written approval from the irrigation entity,
drainage district, or drainage entity prior to the City Clerk signing the final plat.
11. 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.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner,
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or homeowner's/business owner's association,whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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 and Pathways Development
Commission for a path or walkway shall be approved in writing by the Eagle City Parks and
Pathway Development Commission prior to approval of the final plat by the City Council.
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21. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the
City Council.
22. 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".
23. 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.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain(if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. 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.
27. Basements in homes in the floodplain are prohibited.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
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33. 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.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off
leash.
37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment
over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy
truck traffic routes shall maximize use of highways and major arterials while minimizing use of
smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all
sub-contractors and for monitoring compliance.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezones (RZ-06-14
MOD and RZ-14-20) 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 modification
and rezone with development agreement are in accordance with the City of Eagle Comprehensive
Plan and established goals and objectives because:
a. The zoning designations of MU-DA (Mixed Use with a development agreement) and R-9-DA
(Residential with a development agreement [in lieu of a PUD]) is consistent with the Mixed Use
and Scenic Corridor Overlay designations as shown on the Comprehensive Plan Land Use Map;
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
the residential use on this property under the proposed zone;
c. The MU-DA (Mixed Use with a development agreement) and proposed R-9-DA (Residential
with a development agreement [in lieu of a PUD]) zoning districts are compatible with the R-2-
DA-P (Residential with a development agreement — PUD) zone and land use to the north since
the area is developed with a residential subdivision (Countryside Estates Subdivision) which is
buffered from the proposed use by a landscaped berm which will provide a buffer to the proposed
uses. The applicant is also required herein to provide a 50-wide landscape buffer between the
residential area of the development and West State Street(minor arterial);
d. The MU-DA (Mixed Use with a development agreement) and proposed R-9-DA (Residential
with a development agreement [in lieu of a PUD]) zoning districts are compatible with the PS-
DA )Public/Semipublic with a development agreement zone and land use to the south since that
area contains the Eagle Sewer District facilities and is separated by State Highway 44 (principal
arterial);
e. The MU-DA (Mixed Use with a development agreement) and proposed R-9-DA (Residential
with a development agreement [in lieu of a PUD]) zoning districts are compatible with the A
(Agricultural) zone and land use to the east since that area is separated by West State Street
(minor arterial) may be developed with a residential subdivision. The applicant is required herein
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to provide a 50-wide landscape buffer between the residential area of the development and West
State Street(minor arterial);
£ The MU-DA (Mixed Use with a development agreement) and proposed R-9-DA (Residential
with a development agreement [in lieu of a PUD]) zoning districts are compatible with the
compatible with the R-2-DA-P(Residential with a development agreement—PUD)zone and land
use to the west since the adjacent development is buffered from the proposed use by a landscaped
berm which will provide a buffer from the proposed commercial area. The adjacent property is
separated from the subject property by West State Street(minor arterial);
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 development
agreement in lieu of a PUD, 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. What is the proposed time schedule for the development of the site? Provide details regarding
phasing if proposed.
The applicant is proposing to construct the residential subdivision as a single phase in the fall of
2021.
b. Provide documentation to show that you will have sufficient control over the land, and the
financial means, to initiate the proposed development plan within one year after City Council
approval.
Upon the applicant completing purchase of the property the development will be initiated in the
fall of 2021.
c. Explain why, in your opinion, this proposed PUD would be in the public interest, advances the
general welfare of the community and neighborhood, and will not be detrimental to the economic
welfare of the community.
The intent of the Kingfisher Cove Subdivision is to provide a residential project with single-
family attached dwellings which will provide Eagle with a product type to meet the policies of the
comprehensive plan associated with the area;
d. How will 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 will such use not change the essential character of the same area.
The development will be harmonious and appropriate in appearance with existing development
located within the area since the area to the north is currently developed with a residential
subdivision. The applicant will be required to provide a landscape buffer along West State Street
located to the north. The development is bordered on the north by West State Street (minor
arterial)and on the south by State Highway 44(principal arterial).
e. Explain why this development will not be hazardous or disturbing to existing or future
neighborhood uses.
The development is planned to consist of a mix of commercial and residential uses, it is not
anticipated that any uses or activities will be detrimental to existing neighborhoods based on the
location and required buffering.
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f. Will this development 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? Explain.
The development is planned to consist of a mix of commercial and residential uses, it is not
anticipated that any uses or activities will be detrimental to the surrounding properties upon
completion of the site work. The residential development will be served by a public street
(providing access to West State Street) and alleys. The Ada County Highway District has
reviewed and approved the public road and access points associated with the residential
subdivision.
g. How will this development be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
All central services are either available to the site or will be as conditioned herein, 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. The
tax revenue generated from the homeowners within the subdivision will offset additional costs to
public services that will serve this development. ACHD, Eagle Fire, and Eagle Sewer District,
have reviewed the proposed development and indicate that capacity exists to adequately serve this
development.
h. Explain why this development will not create excessive additional requirements at public cost for
public facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time
of installation and before acceptance by the sewer, water company, or highway district. Because
the developer provides the services in the initial stages of development the public service
providers avoid potential liability and expenses.
i. Discuss proposed infrastructure, parks, ponds, open areas, areas of special interest, floodplain and
any other special features in the proposed development.
The development plan was designed with consideration given to usable open space and providing
a residential product that is unique to Eagle. The site contains a common lot with a pool and
pathways which will provide an area for the residents of the development to recreate.
j. Are the vehicular approaches to the property designed to not create an interference with traffic on
surrounding public thoroughfares? If so explain.
Access to the development is provided via West State Street and a combination emergency
access/pathway provides a secondary emergency access from West State Street.
k. Explain why the development will not result in the destruction, loss, or damage of a natural,
scenic or historic feature of major importance.
The site does not contain any historical features, however, there are existing mature trees. The
Design Review Board and City Council will determine if the existing mature trees located within
the site will be retained or mitigated for within the site.
1. How will the proposed development be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development is in accordance with the Comprehensive Plan since the plan
encourages high density residential units (up to 10 dwelling units per acre) on the subject
property. Also, due to the location of the property between State Highway 44 (principal arterial),
State Street (minor arterial) and Ballantyne Lane (collector) and the impacts of the regional
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roadway system, single family uses should be discouraged The proposed development is 8.54-
dwelling units/acre.
m. How will the proposed development be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This applicant requested approval for a development agreement as outlined in Eagle City Code
and satisfies those requirements as well as will be required to meet the conditions herein. In
addition, the applicant will be required to submit an application for design review and comply
with all Eagle City Code and conditions of approval of the design review. The proposed
development will include single-family attached residential homes within the proposed residential
area as proposed and commercial uses within the previously approved commercial area.
n. Describe what deviations from standard district regulations are proposed, and explain how the
benefits,combination of various land uses, and interrelationship with the surrounding area for this
proposed development justifies the deviation from the standard district regulations.
The applicant is not requesting any deviations from the standard district regulations.
3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-07-20) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9(Subdivisions)because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document and the proposed residential use is in
accordance with the residential land use designation of this area shown within the
Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such police and fire
protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide
adequately any such services, as noted in the documentation provided from said agencies and as
required as a part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle Fire District,
Eagle Sewer District, and Ada County Highway District as conditioned herein, there is adequate
public financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of approval as
set forth within the conditions of approval herein.
DATED this 6th day of July,2021.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idah
Trent Wright,Chairm o`4� OF Pq
EST: sa 09,0R4,),
V R+
Tracy E. orn, Eagle City Cl rk E A 1.
••,,, � „ Page 33 of 33
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