Findings - PZ - 2021 - A-03-21/RZ-03-21/CU-03-21/PP-05-21 - Carrara Estates Sub - Carrara Estates BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION,REZONE WITH A )
DEVELOPMENT AGREEMENT, )
CONDITIONAL USE PERMIT,PRELIMINARY )
DEVELOPMENT PLAN,AND PRELIMINARY )
PLAT FOR CARRARA ESTATES SUBDIVISION )
FOR CC CHASE LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-03-21/RZ-03-21/CU-03-21/PPUD-03-21/PP-05-21
The above-entitled Annexation, Rezone with a development agreement, Conditional Use Permit,
Preliminary Development Plan, and Preliminary Plat applications came before the Eagle Planning and
Zoning Commission for their recommendation on June 7, 2021, at which time public testimony was taken
and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken
oral and written testimony, and having duly considered the matter, makes the following Findings of Fact
and Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
CC Chase LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting
annexation, rezone from RUT (Rural-Urban Transition—Ada County designation) to R-1-DA-P and
R-3-DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary
development plan, and preliminary plat approvals for Carrara Estates Subdivision, a 103-lot (85-
buildable, 18-common) residential planned unit development. The 66-acre site is located on the north
side of West Floating Feather Road approximately 2,280-feet west of North Eagle Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held digitally via a web conference call at 6:00 PM, on January 6,
2021, in compliance with the application submittal requirements of Eagle City Code. The applications
for this item were received by the City of Eagle on February 24, 2021.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on February 26, 2021, 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 March 21, 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 May 19, 2021. The site was posted in accordance with the Eagle City
Code on May 27,2021.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Large Lot RUT(Rural-Urban Agricultural
Residential with a Transition—Ada County
Transition Overlay designation)
Proposed No Change R-1-DA-P and R-3-DA-P Single-Family Residential
(Residential with a Planned Unit Development
development agreement—
PUD)
North of site Estate Residential R-E(Residential Estates) Single Family Residential
(Ranch Estates)
South of site Large Lot R-1 (Residential) Single Family Residential
Residential
East of site Estate Residential RUT(Rural-Urban Single Family Residential
(northern Transition—Ada County
portion) designation)
East of site Large Lot RUT(Rural-Urban Single Family Residence
(southern Residential Transition—Ada County with Agricultural Land
portion) designation)
West of site Large Lot R-3-DA-P(Residential Single Family Residential
(northern Residential with a development Planned Unit Development
portion) agreement—PUD) (Corrente Bello Subdivision
No. 2)
West of site Public/Semi-Public PS (Public/Semipublic) Eagle Middle School
(southern
portion)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA.
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H. SITE DATA:
Total Acreage of Site—66.00
Total Number of Lots— 103
Residential—85
Commercial—0
Industrial—0
Common— 18
Total Number of Units—
Single-family—85
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.29-dwelling units per acre 1.29-dwelling units per
acre maximum(as
required by the
development agreement)
Minimum Lot Size* 37,854-square feet(R-1) 37,000-square feet(R-1)
13,800-square feet(R-3) 10,000-square feet(R-3)
Minimum Lot Width 196-feet(R-1) 75-feet(R-1)
90-feet(R-3) 75-feet(R-3)
Minimum Street Frontage 65-feet 35-feet
Total Acreage of Common Area 10.3-acres 9.54-acres
Open Space
Percent of Site as Common Area 21.59% 20%
Open Space** Except that, according to
ECC Section 9-3-8 (C)
the City may require
additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 50 or
more lots.
* A reduction in minimum lot sizes may be permitted within a Planned Unit Development with
an offsetting increase in open space.
** Based on the area (47.71-acres) proposed to be zoned R-3-DA (Residential with a
development agreement)relative to the provided open space(10.3-acres).
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I. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat landscape plan, date stamped by the City on February 12, 2021, shows two (2)
63-foot-wide common lots (Lot 1 of Block 1 and Lot 1 of Block 2; one(1)on each side of the project
entry drive at North Downing Ave) along the entire frontage of the subject property. The two (2)
common lots include a landscaped berm and dense tree and shrub planting that provides a buffer from
West Floating Feather Road.
Open Space:
A total of 9.54-acres of open space is proposed (inclusive of planter strips). The preliminary
plat/preliminary development plan, date stamped by the City on April 30, 2021, shows a 3.31-acre
common area open space adjacent to the project entry (Lot 1 of Block 3) that features a pool facility
with parking, playground area with picnic shelter, and walking paths; a 2.74-acre common lot (Lot 7
of Block 4) with walking paths; and a 1.65-acre common lot (Lot 25 of Block 4) with a storm water
pond and walking paths.
The remaining open space areas include one (1) common lot that contains a walking path that
connects the terminus of North Equestrian Place (Lot 15 of Block 4) to East Brookwood Drive, one
(1) common lot that contains a walking path that connects the terminus of West Crestone Court (Lot
14 of Block 1) to East Brookwood Drive, one (1) common lot that contains a walking path that
connects North Shelby Way (Lot 8 of Block 1) to the adjacent Eagle Middle School property to the
west, one (1) common lot (Lot 21 of Block 4) that includes an irrigation pump, one (1) common lot
that provides a 12-foot-wide paved access to the pump site (Lot 22 of Block 4) and ten(10) common
lots that provide landscape a buffer for residential lots (three(3) in Block 1, two (2) in Block 2, three
(3)in Block 4,two (2)in Block 5).
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 graded in such a way that all
runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line
onto another lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide, except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned
unit development.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System:No
Preservation of Existing Natural Features:
No existing trees on site are specified for preservation.
The property contains mature trees located along the perimeter of the property and along the canal.
The trees are located in the southeast portion of the site(within the proposed Lots 2, 3, and 4 of Block
2)and along the northeastern border(within the proposed Lots 20 and 22 of Block 4).
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Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
J. STREET DESIGN:
Public Streets:
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N.T.3
Applicant's Justification for Private Streets(if proposed):None proposed.
Blocks Less Than 500':None proposed.
Cul-de-sac Design: Three(3)cul-de-sacs are proposed:
• The north section of North Equestrian Place is 400-feet in length.
• The south section of North Equestrian Place is 400-feet in length.
• West Crestone Drive is 430-feet in length.
Sidewalks:
Detached 5-foot-wide concrete sidewalks are proposed (separated by an 8-foot-wide curb adjacent
planter strip). The 5-foot-wide sidewalks and 2-feet of the planter strips are located outside of the
proposed right-of-way on both sides of all proposed streets.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the interior
streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications incorporating
a"Dark Sky"style of lighting shall be submitted as part of the design review application and the final
design and specifications are to be provided to the City Zoning Administrator prior to the submittal of
the fmal plat. Any modifications made to the lighting shall be completed before the final plat
approval.
Street Names: Street names should be approved by the Ada County Street Naming Committee prior to
submittal of a final plat application.
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K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat, date stamped by the City on April 30, 2021, shows five-foot wide sidewalks
(separated from the curb by an 8-foot-wide curb adjacent planter strip) on both sides of each street
throughout the subdivision and 8-foot-wide pedestrian pathways located within six (6) common lots
(Lots 8 and 14 of Block 1;Lot 1 of Block 3; and Lots 7, 15, and 24 of Block 4).
• Lot 8 of Block 1 provides a pedestrian connection to the adjacent Eagle Middle School.
• Lot 14 of Block 1 provides a pedestrian connection between West Crestone Court to E
Brookwood Drive.
• Lot 1 of Block 3 provides a pedestrian connection through the open space common lot between
East Stonewater State and East Brookwood Drive.
• Lot 7 of Block 4 provides a pedestrian connection through the open space common lot between
East Brookwood Drive, West Crestone Drive, and North Downing Way.
• Lot 15 of Block 4 provides a pedestrian connection from the terminus of North Equestrian Place
and East Brookwood Drive.
• Lot 24 of Block 4 provides a pedestrian connection from North Tanglerose Way through the
common lot adjacent the stormwater pond and to North Equestrian Place.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as
part of the public right-of-way or separate easement, as may be specified by the City Council.
L. PUBLIC USES PROPOSED:None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—no
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required
P. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached. Comments which
appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated April 21, 2021, are of special concern
(see attached).
City Trails and Pathways Superintendent
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Ada County Development Services
Ada County Highway District
Central District Health Department
COMPASS(Communities in Motion 2040)
Department of Environmental Quality
Eagle Fire Department
Farmer's Union Ditch Company
Marathon Pipe Line,LLC
West Ada School District
Q. LETTERS FROM THE PUBLIC:
Correspondence received from Laren and Caralee Walker, date stamped by the City on March 04,
2021.
Correspondence received from Elizabeth Tabb, received via email on May 25, 2021.
Correspondence received from Peter Osredkar, date stamped by the City on May 26, 2021.
Correspondence received from Vicki McDonnell,date stamped by the City on May 26,2021.
Correspondence received from Paul Sadlek,received via email on May 26 2021.
Correspondence received from Tom and Cheryl Vargas,date stamped by the City on May 27,2021.
Correspondence received from the Corrente Bello HOA board, date stamped by the City on May 28,
2021.
Correspondence received from Roger and Sylvia Thompson, date stamped by the City on May 28,
2021.
Correspondence received from Betty Miller,received via email on May 31, 2021.
Correspondence received from Ryan Kuhns,received via email on June 1,2021.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The provided developer data table, date stamped by the City on November 12, 2021, indicates the
proposed time schedule for development of the site is to commence with infrastructure construction in
2021 with vertical construction estimated to start in the fall or winter of 2021. The project is
anticipated to be built in three (3)phases and over the span of three(3)years, but is subject to market
needs.
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood,and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic,noise, smoke, fumes,glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
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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 case of large scale PUDs (incorporating fifty(50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space,recreation,maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
That suggested public (or private) means of financing the services for the development if the cost for the
public services would not be offset by the tax revenue received from the development has been provided
by the developer.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Large Lot
Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1 unit
per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities higher
than 1 unit per 2 acres. Open space and parks in this area will be generally limited. Land uses in this
category will tend to appear as suburban large lot and generally less agrarian than the Estate
Residential and Agricultural/Rural designations.
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses.
Commonly requires a transition/change in density, lot sizing, and building scaling with a specific
parcel or project. Base densities may be reduced or units may be clustered to increase open space
within a portion of a site when property is in this overlay. Neighborhood design will be paramount in
this overlay to ensure appropriate transition between uses. See specific planning areas for further
description.
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CHAPTER 4: UTILITIES,FACILITIES AND SERVICES
4.2.3 Implementation Strategies
E: Work with the school district, ACHD, and developers to establish access options for
Eagle Schools via pathways and/or streets.
CHAPTER 6: LAND USE
6.4.3 General Land Use Implementation Strategies
X. Require design treatments to provide compatibility of new development with existing
development by considering such issues as transitional lot sizing, building orientation,
increased setbacks, height limitations, size restrictions, design requirements, fencing,
landscaping or other methods as determined through the development review process.
6.12-Middle School Planning Area
6.12.1 —Middle School Land Uses
a. The land use designation in the Eagle Middle School Planning Area is Neighborhood
Residential with a Residential Transition Overlay. Allowing minimum lots sizes of
13,330 sq. ft. adjacent to the school site.
b. Transitional densities, feathering, and lot sizing should be used to ensure compatibility to
the North and West of the planning area. Development should include 1 to 1.5-acre lots
at the perimeter of the planning area adjacent to existing large lot development outside of
the planning area.
c. The overall residential density of any development in the Middle School Planning area
should be up to 1 to 1.29 units per acre.
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6.12.2—Middle School Access
a. Access to the area should focus on new internal linkages.
b. Proper setbacks and berming should be used to protect the residential uses from arterials.
6.12.3 —Middle School Design
The overall residential density of the area should be 1-1.29 units per acre with compatible lot sizes
adjacent to the other subdivisions within the planning area.
a. Development in the Eagle Middle School Planning Area should be required to be
submitted as a planned unit development and/or through a development agreement.
b. Open space and trails should be developed throughout the development to provide
connectivity to the school site.
c. All uses should include setbacks from streams and drainage/irrigation canals. These
facilities should be used for trails and open space;
d. Use of transitional lot sizes and feathering should be required when new development
abuts existing subdivisions.
e. The City would like to acquire approximately 15-acres of park land and/or ensure proper
floodway protection areas for Dry Creek northwest of the intersection of Floating Feather
Road and Eagle Road.
f. Encourage the preservation and adaptive reuse of rural structures and barns within the
planning area.
g. Setbacks within the planning area should be commensurate with the zoning and lot sizes
identified within this planning area. Setback waivers should be discouraged.
CHAPTER 8: TRANSPORTATION
8.4.1 Roadway Strategies
P: Local and collector streets through residential neighborhoods are recommended to provide
connectivity while being designed to preserve the character of the surrounding neighborhoods
through appropriate design techniques, including street width, traffic calming, and traffic
control. The goal of the local street system is to provide for local circulation within Eagle and
not for regional traffic. Cul-de-sac streets and private streets should be discouraged. In order
to provide this connectivity, new developments should be required to stub access to adjacent
undeveloped or underdeveloped parcels consistent with ACHD road spacing standards. All
new developments should be reviewed for appropriate opportunities to connect to local roads
and collectors in adjacent developments.
CHAPTER 9: PARKS,RECREATION&OPEN SPACE
9.4.3 Open Space Implementation
E: Preserve existing trees and establish appropriate landscaping as a part of new
developments.
A. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre. Multi-
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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.
P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation
noted on the official zoning map of the city (i.e., R-4-P), indicates that the development was
approved by the city as a planned unit development. Density transfers may have been permitted
as a part of the overall development.
DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted
on the official zoning map of the city(i.e., C-2-DA), indicates that the zoning was approved by
the city with a development agreement. Specific provisions,as may have been incorporated
within the development agreement, are applicable to development within this zoning designation.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
1 Minimum Yard Setbacks
Note Conditions A To E* ( Maximum ( Minimum Lot
Zoning _I Lot Area Minimum
District Maximum j Front Rear Interior Street Covered F (Acres Or Square Lot
Height Side Side And J* Feet)H* Width I*
R 1 35' 30' 130' 15' 30' 40% 37,000 75'
R-3 35' 30' 25' 7.5' 20' 40% 10,000 75'
B. Additional 5 feet per story side setback is required for multi-story structures. Height not to
exceed maximum allowed within the zone.
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
• Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements:
C. Existing Vegetation:
1. Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city.
2. Removal And Replacement Of Existing Trees:
a. Where trees are approved by the city to be removed, replacement with a species
identified in section 8-2A-7Q of this article is required. For each caliper inch of
deciduous tree removed, an equivalent amount of caliper inches shall be replanted. For
each vertical foot of coniferous tree removed, an equivalent amount of vertical feet
shall be replanted.
• Eagle City Code Section 8-3-3: Supplemental Yard and Height Regulations:
B. Fences:
1. In any front yard area, no fence or wall shall be permitted which materially impedes
vision across such yard above the height of two and one-half feet (21/2') measured from
the centerline grade of the adjacent street. Picket style fences where fifty percent (50%)
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of the fence remains open may be permitted up to four feet (4') in height. Chainlink
fencing is prohibited in any front yard area.
2. Fencing located adjacent to any street identified as a collector or arterial on the
transportation and pathway network plan in the Eagle comprehensive plan, and on the
street side of all corner lots, shall be an open fencing style such as wrought iron or other
similar see through, decorative, durable fencing material, except as otherwise may be
permitted in subsection 8-2A-7J of this title.
3. Chainlink fencing is prohibited in the R(Residential)Zoning District.
4. A permit is required prior to the construction of a fence in any front yard area and along
any street within the City subject to the application requirements established in section 8-
7-2 of this title.
• Eagle City Code Section 8-7-3-5: Conditional Use Permit:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit including,but not limited to,those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4.Assuring that development is maintained properly;
5.Designating the exact location and nature of development;
6.Requiring the provision for on site or off site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this title.
B. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-3-2-2: Street Widths:
A. Street and road right of way widths, grade, alignment, and so forth, shall conform to the
adopted major street plan or comprehensive plan and shall be approved by the highway district
and/or other agency having jurisdiction.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material, unless the fence is located on the property line between the required roadway
buffer area and the residential lot, in which case the fence may be a solid wood picture frame or
premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed
so that the fence is visible from the adjacent roadway, then the fence shall include
decorative columns spaced a maximum of sixty feet (60') apart. Specific buffer area fences and
decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain
link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within
the above designated areas. A section within the subdivision CC&Rs shall be created for the
regulation of fences to this effect.
• 9-4-1-1: Monuments:
Monuments shall be set in accordance with section 50-1303,Idaho Code. (Ord. 566, 5-15-2007)
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• Eagle City Code Section 9-4-1-2: Streets and Alleys:
All public streets and alleys shall be constructed in accordance with the standards and
specifications adopted by the Ada County Highway District or the Idaho Transportation
Department,whichever the case may be.
• Eagle City Code Section 9-4-1-3: Curbs and Gutters:
B. Driveways, Curb Cuts: All driveway openings and curbs shall be as specified by the Ada
County Highway District or the Idaho Transportation Department.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways,the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet(10') in width.
Micropathways within subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum eight feet (8') wide and shall be located within a
sixteen foot (16') wide pedestrian access easement, however, in an area where low
volume pedestrian traffic is anticipated, the council may consider a reduction in pathway
width to six feet (6'). Regional pathways such as the Boise River greenbelt and pathways
located adjacent to major roadways shall be a minimum ten feet (10') wide and shall be
located within a twenty foot(20')wide pedestrian access easement.
• Eagle City Code Section 9-4-1-5: Streetlights:
All subdividers within the city limits shall be required to install, at the subdividers' expense,
streetlights in accordance with city specifications and standards at locations designated by the
administrator. After inspection and confirmation of installation and operation by the
administrator,the subdivider(and subsequent homeowners' association)shall assume ownership
of the streetlights and shall pay the cost of maintenance and power in perpetuity. (Ord. 566, 5-15-
2007;amd. Ord. 820, 12-10-2019)
• 9-4-1-7: BICYCLE PATHWAYS:
A bicycle pathway system shall be provided within all subdivisions as part of the public right of
way, within a common area,or separate easement, as may be specified by the city council. (Ord.
566, 5-15-2007)
• 9-4-1-8: UNDERGROUND UTILITIES:
Underground utilities are required. (Ord. 566, 5-15-2007)
D. DISCUSSION (Based on the Preliminary Plat/PUD date stamped by the City on April 30, 2021):
B. The subject property is within the Middle School Planning Area as designated by the
Comprehensive Plan. The Middle School Planning area specifies that proposed developments
within the planning area are designed in such a way that they include:
o Lots adjacent to the existing middle school site should be a minimum of 13,330-square-
feet;
o 1 to 1.5-acre lots at the perimeter of the planning area to assist in the transition of lot
sizes as the subject property approaches the existing adjacent large lot properties;
o The overall residential density should be up to 1 to 1.29 units per acre;
o And that development should be required to be submitted as a planned unit development
(PUD).
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o The proposed development, as submitted, includes:
o Lots adjacent to the middle school site that are a minimum of 13,890-square feet;
o Lots that range from 1 to 1.87-acres in size at the perimeter of the planning area that
assist in the transition of lot sizes as the subject property approaches the existing adjacent
large lot properties;
o An overall density of 1.29 units per acre,
o And has been submitted as a planned unit development(PUD)that includes both R-1 and
R-3 zoning designations.
• The proposed development is located within the City of Eagle's Municipal Water Service Area.
Pursuant to Resolution No. 8-09, payment of Storage and Trunk Line (STL) fee is to be provided
at the time of preliminary and final plat. The amount for STL fee is $2,100/Equivalency
Residential Customer(ERC) an ERC is equivalent to each residential buildable lot. The applicant
has submitted a request for waiver to the City of Eagle Water Department, dated February 12,
2021, to delay paying the required STL fee until a final plat application is submitted. The
applicant is requesting to delay paying the required STL fee until such time a final plat
application is submitted. The preliminary plat STL fees to be paid for the subject subdivision is
based upon the following calculation: $1,135.47 + (-1.221 x Total Lots). Based on 85-buildable
lots, the total STL fee required for the subdivision is $175,386.45. The STL fee required at the
time of preliminary plat is $87,693.23. The applicant received approval from the City of Eagle
Water Department (of the waiver request) dated February 12, 2021. The applicant should be
required to pay the required $89,693.23 with the remaining portion of the $175,386.45 to be paid
at the rate of($2,100.00 minus $997.50 [Preliminary Plat Fee per lot]) x Lots in Final Plat or
$1,102.50 x Lots in Final Plat at the time of submittal of final development plan and fmal plat
applications.
• The applicant is requesting both a R-1-DA-P and R-3-DA-P (Residential with a development
agreement—PUD) zoning designation. Pursuant to Eagle City Code Section 8-2-4, the following
lot sizes are required within the R-1 and R-3 (Residential)zoning designations:
R-1 (Residential)zoned area: 37,000 square feet
R-3 (Residential)zoned area: 10,000 square feet
• The applicant is requesting both an R-1-DA-P and R-3-DA-P (Residential with a development
agreement—PUD) zoning designation. Pursuant to Eagle City Code Section 8-2-4, the following
setbacks are required within the R-1 and R-3 (Residential)zoning designations:
R-1 (Residential)zoned area:
Front(Living) 30-feet
Rear 30-feet
Interior Side 15-feet(first story) 5-feet(each additional story)
Street Side 30-feet
Maximum Lot Coverage 40%
R-3 (Residential)zoned area:
Front 30-feet
Rear 25-feet
Interior Side 7.5-feet(first story) 5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
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* A single-family dwelling that utilizes a side entry garage is permitted to have a 5-foot reduction
in the minimum required front yard setback provided that the distance in no less than 20-feet
within the R-2 zoning district.
* All front load garages shall be setback a minimum of 25-feet from the back of sidewalk.
• The submitted "Preliminary Plat Landscape Plan"(sheet L5) includes a note (Note#7)that states
that various trees are to be removed and that most trees are either"dead, dying, or an undesirable
species". The applicant should be required to submit an updated landscape plan along with an
arborist's report that specifically addresses each of the existing trees on site and how each will be
either preserved or removed and mitigated. The tree mitigation report/plan should be submitted
along with the Design Review application and should include the location, species, quantity, and
caliper size of all existing trees on site and should demonstrate which trees will be preserved and
which will be removed and how they will be mitigated.
• Open style fencing, as prescribed in ECC section 9-3-10, is required adjacent to common lots
unless the fence is located on the property line between a required roadway buffer area and the
residential lot. The applicant provided a "Preliminary Plat Landscape Plan" (Sheet L6) that
includes a diagrammatic fencing plan which specifies closed style fencing adjacent to the two (2)
common lots (Lot 2 of Block 1 and Lot 2 of Block 2) along North Downing Avenue at the
project's primary entry. The fencing that abuts the two common lots mentioned above should be
revised to reflect open style fencing and a new "Preliminary Plat Landscape Plan" should be
submitted to reflect these changes prior to the submittal of the final plat.
• The subdivision, as proposed, is designed to include pedestrian sidewalks and micropathways that
create a thorough network of internal connections that also promote access to both existing and
potential future external pedestrian facilities. The site was reviewed by the Pathways, Parks and
Recreation Commission on April 15, 2021 where they made their recommendation. The owner
should be required to incorporate the recommendations made by the PPRC into the final plat
drawings prior to the signing of the final plat.
• The subject property has sufficient available surface water rights to properly operate the proposed
pressurized irrigation system. The property has historically received supplemental irrigation from
an on-site well, but the supplemental ground water rights have been withheld by the original
owner and a supplemental irrigation source is not currently proposed. As a result, the owner
should not be able to file a protest with the Idaho Department of Water Resources against the City
of Eagle regarding water rights application(s) for the construction of any municipal wells located
within the City of Eagle water service area. Owner should not be permitted to apply for additional
ground water rights associated with the Property irrigation system.
• The location of the proposed playground area and picnic shelter(Lot 1 of Block 3 where it abuts
East Brookwood Drive)is approximately 550-feet away from the nearest accessible parking space
within the parking facility that serves the proposed pool area. Even though the project has been
designed to promote pedestrian connectivity, the parking facilities provided at the pool do not
practically serve the playground and picnic shelter in their proposed location. The applicant
should either confirm that on-street parking can being accommodated and provided within the
current design or they should be required to revise the site plan to incorporate on-street parking
adjacent to the playground area and picnic shelter prior to the signing of the final plat.
The "Preliminary Plat/PUD", date stamped by the City on April 30, 2021, shows the existing
irrigation ditch that traverses north to south along the eastern side of the property to be re-routed
and buried on-site. The applicant should be required to submit a written approval provided by the
irrigation company/entity who owns and manages the irrigation ditch stating their consent and
approval of the proposed re-routing, burial, and piping prior to submittal of the final plat.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 7,
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
six(6) individuals(not including the applicant's representative)who indicated the following:
• The applicant's representative was accessible and willing to meet regarding the irrigation lateral
that serves the Downing Downs Subdivision and has agreed on the owner's behalf to include
improvements to the irrigation system and maintenance access easements over the property where
the irrigation system exists within the subject property.
• The applicant should consider removing one (1) of the proposed lots to better buffer the larger
estate lots at the eastern edge of the subject property.
• The revised plan that was presented by the applicant's representative at the public hearing has
incorporated numerous comments that were given by the neighbors who attended neighborhood
meeting.
• Concerns were raised regarding the location of the future homes within the proposed R-1 lots
along the northern edge of the subject property and inquired about implementing increased rear
yard setbacks to provide increased separation from the existing estate lots to the north.
• Residential lighting locations and types should be limited as to not impact adjacent neighbors or
illuminate the sky.
• The use of the street name "East Brookwood Drive"that is currently proposed to be used within
the subject property presents a safety issue in regard to how first responders may be able to
differentiate it from the existing East Brookwood Drive within the adjacent Brookwood
Subdivision to the east.
• The proposed stub street that is to connect to the adjacent property to the east in the future could
be relocated so it does not impede the development of large lots to the north of that future street.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by no one.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by two(2) individuals who indicated the following:
• An easement for irrigation access along the northern property line of the subject property is
needed for representatives of the Corrente Bello HOA to access and maintain the irrigation line
that services the subdivision.
• Traffic calming measures should be implemented where the existing stub street at Glen Bello
Street in Corrente Bello is to be extended into the subject property.
• The applicant should provide information on whether the existing powerlines that are in the Right
of Way at West Floating Feather Road will be protected in place or buried below grade.
COMMISSION DELIBERATION (Granicus time 02:40:26):
Upon closing the public hearing,the Commission discussed during deliberation that:
• There appears to have been a high level of coordination between the applicant's representative and
the adjacent neighbors as numerous requests that were stated to have been made by the neighbors
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have been considered or met through the refinement of the design of the subdivision.
• The Commission noted that no waivers were requested in the submittal of this application and all
required minimums, as specified within Eagle City Code and the Eagle Comprehensive Plan,have
either been met or have been exceeded.
• Due to the land use conversion from the current agricultural use to the proposed subdivision, as
reflected in the irrigation calculations, irrigation water usage will be lowered.
COMMISSIONS DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Commission voted 5 to 0 recommend approval of A-03-21 and RZ-03-21 for annexation and rezone
from RUT(Rural-Urban Transition—Ada County Designation) to R-1-DA-P and R-3-DA-P (Residential
with a development agreement — PUD) for CC Chase LLC, with the following staff recommended
conditions to be placed within a development agreement with underline text to be added by the
Commission and strikethrough text to be deleted by the Commission:
3.1 The maximum density for the Property shall be 1.29 dwelling units per acre(85 single-family lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.4 The conditions,covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, fences shown, 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 Plan (Exhibit D). All
other fencing(i.e. dog-eared cedar fencing, chainlink)shall be prohibited.
(c) A maintenance manual for the streetlight(s)requiring that the association shall have the duty to
maintain and operate the light fixtures including the repair and replacement of the fixture, any
associated electrical supply,and light bulbs, in perpetuity.
(d) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be
deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
3.5 Owner shall provide a "Heavy Truck Traffic Plan" (Exhibit F) to be followed by any vehicle or
equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation.
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The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing
use of smaller residential streets. The "Heavy Truck Traffic Plan" shall state that all contractors
and traffic associated with the construction of the subdivision are not allowed to utilize North Moon
Bello Way or West Washam Road. All construction traffic shall directly access the site from West
Floating Feather Road. 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.
3.6 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal
of a final plat application. Owner shall comply with all applicable Eagle Sewer District's
regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any
building permits, Owner shall provide proof of central sewer service to the proposed residential use.
3.7 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees
located on site. The report shall identify, at a minimum, species, size, and health of the trees. The
arborist report and map shall be provided with the submittal of a design review application. Owner
shall provide a narrative indicating how the trees will be incorporated into the design of the
subdivision (or mitigated if approved for removal) prior to removal of the trees. No trees shall be
removed from the site prior to city approval of a tree removal and replacement plan.
3.8 In conjunction with 3.7 above, all living trees shall be preserved, unless otherwise determined by
the City Council upon recommendation by the Design Review Board. A detailed landscape plan
showing how the trees will be integrated into the open space areas (unless approved for removal
and mitigation)shall be provided for Design Review Board approval prior to the submittal of a fmal
plat application.
3.9 Owner shall construct the neighborhood amenities ( tot lot and pedestrian
pathways) at the locations shown on the Concept Plan (Exhibit C), or provide surety, prior to the
signing of the first final plat. The owner shall complete construction of the pool building and pool
within 12 months of recordation of the first final plat.
3.10 The single-family dwellings and accessory structures shall be constructed in substantial
conformance to the styles of architecture as shown in Exhibit"E".
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each structure within the
development shall be accompanied by an approval letter from the Architectural Control Committee.
Building permit applications that do not have an approval letter attached will not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not substantially conform to the design
requirements as shown on the Exhibit "E". If a building permit is denied, the applicant shall have
the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code
Section 8-7-4-1.
3.11 Owner shall not file a protest with the Idaho Department of Water Resources against the City of
Eagle regarding water rights application(s) for the construction of any municipal wells located
within the City of Eagle water service area. Owner shall not apply for additional ground water
rights associated with the Property irrigation system.
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3.12 The applicant shall be required to comply with the Parks, Pathways, and Recreation
Commission's pathway recommendations (Exhibit G), as identified in the Trails and Pathway
Superintendent's memo,dated April 22,2021.
3.13 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-
way and remain clearly visible from the roadway.
3.14 Owner shall provide an executed Idaho Transportation Department Traffic Mitigation Agreement
to the City prior to the City Clerk signing the first final plat.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend approval of CU-03-21/PPUD-03-21/PP-05-21 for Carrara
Estates Subdivision (Exhibit "A") for CC Chase, LLC, with the following staff recommended site
specific conditions of approval and standard conditions of approval with strikethrough text to be deleted
by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-03-21.
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 upon receipt of an invoice by the city or prior to the City Clerk signing the fmal
plat, whichever occurs first. (ECC 9-2-3[C][3][1])
4. The applicant shall pay the required $87,693.23 preliminary plat Storage Trunk Line fee along with
the associated final plat Storage Trunk Line fee at the time of submittal of the first final development
plan and fmal plat applications. (Resolution No. 08-09)
5. Any fencing located adjacent to common area open spaces, on the street side of all corner lots, or
where they abut arterial streets 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).
6. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat. (ECC 9-
4-1-2)
7. The Carrara Estates Subdivision shall remain under the control of one Homeowners Association.
(ECC 9-3-8[D][4])
8. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][1])
9. Provide a revised preliminary plat and planned unit development plan which shows the pedestrian
pathway locations within Lot 7 of Block 4, Lot 1 of Block 3, and Lot 12 of Block 2, at a minimum of
10-feet in width within a 25-foot wide public easement that shall remain in perpetuity, per the
recommendation made by the PPRC Commission. The revised preliminary plat and planned unit
development plan shall be provided prior to submittal of a design review application. (ECC 9-4-1-
6[D][1])
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10. Prior to re-location and burial of the irrigation ditch located within Lot 2, Block 5, the applicant shall
be required to provide an approval letter from the impacted irrigation district.
...:ty to the playgrou„d nd shelter .. nities to p .ide direct parking and If
p.:.,�.....�) w as e e
ACHD or fire lane elearance requirements de-net allew on street parking a ,
playground, picnic shelter, and stermwater collection system shall shift south, as needed, to
aeeemmedate-Fevised-euFb-layent-te-aecemmodate-eo-stFeet-paFk-ing-fer-thFee-(3-)-spaees,
12. The following setbacks and lot coverage requirements shall apply:
R-1 (Residential)zoned area:
Front-Living 30-feet
Front—Garage(Front Load) 31-feet
Rear 30-feet
Interior Side 15-feet(first story) 5-feet(each additional story)
Street Side 30-feet
Maximum Lot Coverage 40%
R-3 (Residential)zoned area:
Front-Living 30-feet
Front—Garage(Front Load) 31-feet
Rear 25-feet
Interior Side 7.5-feet(first story) 5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
13. The applicant shall provide CC&Rs stating that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system, all common landscape areas, and all common area
improvements in the subdivision are maintained in a competent and attractive manner, including the
watering,mowing, fertilizing and caring for shrubs and trees in perpetuity.
14. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of final development plan and final plat applications.
15. 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.
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NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to
the platted property. The developer may submit a letter in lieu of plans explaining why plans may
not be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50,Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the fmal plat (B.C.C. 9-20-
8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed
on the street side of the home or shall have their sewer drainage system designed with a stub at
the house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific
criteria for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the fmal
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
fmal plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer
and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so
graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff
shall cross any lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
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an organized irrigation district, canal company, ditch association, or other irrigation entity, shall
be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering
or changing has first been approved in writing by the entity. A Registered Engineer shall certify
that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste
ditch (1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards
for Public Works Construction. A copy of such written approval and certification shall be filed
with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the
City Engineer prior to the City Engineer signing the final plat. All construction shall comply with
the City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
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.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall submit cut sheets showing street lighting details for review and approval by
the Zoning Administrator prior to the submittal of the fmal plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
14. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the fmal plat.
13. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the fmal 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 fmal plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and
shall be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
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A restrictive covenant must be recorded and a note on the face of the fmal plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the
storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or
other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing
the fmal plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any
other area designated by the City Council or Eagle City Parks and Pathways Development
Commission for a path or walkway shall be approved in writing by the Eagle City Parks and
Pathways Development Commission prior to approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the fmal plat prior to approval of the final plat by the
City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations(if applicable)prior to the City Engineer signing the fmal plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall
be complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
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29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council(ECC 9-6-5 (A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The
financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified
check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central
District Health Department, Ada County Treasurer, Ada County Highway District
Commissioners, City Engineer,and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
34. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off
leash.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-03-21/RZ-03-21) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because: :
a. The requested zoning designation of R-1-DA-P and R-3-DA-P (Residential with a development
agreement — PUD) is consistent with the Large Lot Residential designation as shown on the
Comprehensive Plan Land Use Map since the density, as conditioned herein, is in conformance
with the allowed density as identified within the comprehensive plan;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
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c. The proposed R-1-DA-P and R-3-DA-P (Residential with a development agreement — PUD)
zoning district is compatible with the R-E (Residential-Estates) zone and land use to the north
since that area is designated Estate Residential in the Comprehensive Plan and is developed with
a residential subdivision (Ranch Estates). The subject property will transition densities by
including larger lots zoned R-1 along the northern edge to complement the larger adjacent lots;
d. The proposed R-1-DA-P and R-3-DA-P (Residential with a development agreement — PUD)
zoning district is compatible with the R-1 (Residential) zone and land use to the south since that
area is designated Large Lot Residential in the Comprehensive Plan and is developed with a
residential subdivision (Downing Downs Subdivision). The subject property will be buffered
from the properties located to the south by East Floating Feather Road;
e. The proposed R-1-DA-P and R-3-DA-P (Residential with a development agreement — PUD)
zoning district is compatible with the RUT (Rural-Urban Transition— Ada County Designation)
zone and land use to the east (north-east) since that area is designated Estate Residential in the
Comprehensive Plan and is developed with residential lots.
f. The proposed R-1-DA-P and R-3-DA-P (Residential with a development agreement — PUD)
zoning district is compatible with the RUT (Rural-Urban Transition — Ada County Designation)
zone and land use to the east (south-east) since that area is designated Large Lot Residential in
the Comprehensive Plan and is developed with residential lots.
g. The proposed R-1-DA-P and R-3-DA-P (Residential with a development agreement — PUD)
zoning district is compatible with the R-3-DA-P (Residential with a development agreement —
PUD) zone and land use to the west (north-west) since that area is designated Large Lot
Residential in the Comprehensive Plan and is developed with a residential subdivision (Corrente
Bello Subdivision No. 2).
h. The proposed R-1-DA-P and R-3-DA-P (Residential with a development agreement — PUD)
zoning district is compatible with the PS (Public/Semi-Public) zone and land use to the west
(south-west) since that area is designated Public/Semi-Public in the Comprehensive Plan and is
developed with a middle school.
i. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
j. No non-conforming uses are expected to be created with this rezone.
2. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit, preliminary development plan, and preliminary plat (CU-03-21/PPUD-03-21/PP-05-21) and
based upon the information provided concludes that the proposed development is in accordance with
the City of Eagle Comprehensive Plan and established goals and objectives because:
a. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood,and will not be detrimental to the economic welfare of the community.
Carrara Estates Subdivision has been proposed for development in conformance with the Eagle
Comprehensive Plan and consistent with the requirements of Eagle City Code; and
b. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
The development is proposed to consist of single-family residential homes and will be designed
to complement the general vicinity and provide aesthetically pleasing architecture to enhance the
character of the area. The development is designed with similar density as the adjacent
subdivisions; therefore, the proposed subdivision will be harmonious with the adjacent
developments;and
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c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
Carrara Estates Subdivision is proposed to be developed in a manner harmonious with existing
and future residential uses in the immediate vicinity; and
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic,noise, smoke, fumes, glare or odors.
The development is planned for residential, similar to the character of the surrounding area. There
are no uses, activities, processes, materials, equipment, and/or conditions that will be detrimental
to the surrounding properties upon completion of the site work; and
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
Carrara Estates Subdivision will be served by East Floating Feather Road (minor arterial). All
central services are available to be extended to the site, as noted within the letters provided by the
agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and
other urban services will be provided at the developer's expense;and
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time
of installation and before acceptance by the Eagle Sewer District, City of Eagle Municipal Water,
and Ada County Highway District; and
g. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
The development will contain a minimum of 20% of open space. The common lots will include
pathways throughout the development, a pool, pool house, lined pond and a tot-lot area with a
shade structure; and
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
The development will include a street connection to the adjacent residential subdivision to the
west (Corrente Bello Subdivision No. 2) via West Glen Bello Street and a stub street to the
adjacent undeveloped parcel to the east which will provide intra-neighborhood connectivity in the
future. Access to the development will primarily be provided from East Floating Feather Road.
The design and construction of the roadways and entrances is regulated by the Ada County
Highway District; and
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
No scenic or historic features of major importance exist on site. The applicant will be required to
provide mitigation for any trees that may be removed from the site; and
j. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The Eagle Comprehensive Plan designates the property as Large Lot Residential with a
Transition Overlay. The applicant is requesting a R-1-DA-P and R-3-DA-P (Residential with a
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development agreement — PUD) to allow for flexibility in design while still maintaining the
maximum density of the proposed development at 1.29-dwelling units per acre; and
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This applicant has requested approval of a conditional use permit, preliminary development plan,
and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as
will be required to meet the conditions herein. In addition, the developer will be required to
submit an application for design review and comply with all Eagle City Codes and conditions of
approval of the design review; and
1. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
Residential is the only use approved for this development.
In case of large—scale PUDs (incorporating fifty (50) or more lots or dwelling units):
m. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space,recreation,maintenance, schools and solid waste collection.
The public services that would be provided to the development include the following:
Fire Protection
The development is located within the boundaries of the Eagle Fire District.
Police Protection
The project will be served by the Eagle Police Department.
Water Service
The project is located within an area that is served by City of Eagle Municipal Water System. The
water infrastructure will be constructed at the developer's expense.
Sewer
As required herein, the applicant is required to provide correspondence from the Eagle Sewer
District which indicates the property is annexed into the District prior to submittal of a final plat
application. Prior to the developer installing the required sewer infrastructure the developer will
be required to comply with the District requirements.
Road Construction
The construction of all roads within the development will be completed by the developer. Upon
completion,the roads will be dedicated to the Ada County Highway District.
Open Space
The development will contain a minimum of 20%of passive and active open space. The applicant
is required to provide amenities to provide the residents living within the development
recreational opportunities. The project will also generate park impact fees to be utilized for the
creation of additional parks or add new equipment to existing parks within the City of Eagle.
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Maintenance
The maintenance of any private open space areas will be regulated by the Carrara Estates
Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and
maintained by the respective agencies.
Schools
Carrara Estates is located within the West Ada School District boundaries.
Solid Waste Collection
Solid waste collection is provided by Republic Services through a contract with the City of Eagle.
n. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
o. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
The estimated tax revenue generated to the City of Eagle from the development at build-out is
approximately $511,637/annually(with Homeowner's Exemption).
p. That suggested public (or private) means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. The developer provides the services in the initial stages of
development;therefore,the public service providers avoid potential liability and expenses.
DATED this 21 st day of June,2021.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
y
Trent Wright, Chairman
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Tracy E. orn, agle City erc "be• cmi
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