Findings - CC - 2022 - CU-06-18 MOD/PPUD-04-18 MOD/PP-10-18 MOD - Wild Rose Sub Conditional Use Permit Modification, Preliminary Development Plan Modification, And Preliminary Plat Modification BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT )
MODIFICATION,PRELIMINARY )
DEVELOPMENT PLAN MODIFICATION, )
AND PRELIMINARY PLAT MODIFICATION )
FOR WILD ROSE SUBDIVISION FOR MARTY )
CAMBERLANGO )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-06-18 MOD/PPUD-04-18 MOD/PP-10-18 MOD
The above-entitled conditional use permit modification, preliminary development plan modification, and
preliminary plat modification applications came before the City Council for their action on January 11,
2022. The Council, having heard and taken oral and written testimony, and having duly considered the
matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Marty Camberlango represented by Steve Busalacchi, is requesting a planned unit development
modification approval to modify the maximum lot coverage within Wild Rose Subdivision. The
3.3-acre site is located on the south side of East Hill Road approximately 535-feet east of the
intersection of North Edgewood Lane and East Hill Road.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on November 5, 2021.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
December 23, 2021. Notice of this public hearing was mailed to property owners of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on December 23, 2021. The site was posted in accordance with the Eagle City Code on
December 30, 2021.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 23, 2019, the City Council approved a conditional use permit, preliminary development
plan and preliminary plat for Wild Rose Subdivision, a 12-lot (9 residential, 3 common)
residential planned unit development(CU-06-18/PPUD-04-18/PP-10-18).
On February 25, 2020, the City Council approved a design review application for the common
area open space and landscaping within Wild Rose Subdivision (DR-85-19).On April 26, 2016,
the City Council, approved a final development plan and final plat for Eaglefield Commons
Subdivision No. 1 for The Preserve,LLC (FPUD-02-16/FP-04-16).
On May 12, 2020, the City Council approved a final development plan and final plat for Wild
Rose Subdivision(FPUD-02-20/FP-02-20).
E. COMPANION APPLICATIONS:None
Page 1 of 14
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Wild Rose Sub MOD ccf.doc
A. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Compact Residential R-4(Residential) Residential subdivision
(Wild Rose Subdivision)
Proposed No change No change No change
North of site Compact Residential R-7-DA(Residential Proposed Eastfield
with Development Subdivision and single-
Agreement [in lieu of a family dwellings
PUD])and R-3
(Residential)
South of site Compact Residential R-4(Residential) Single-family residential
subdivision(Edgewood
Estates Subdivision No. 2)
East of site Compact Residential R-4(Residential) Single-family residential
subdivision(Chaumont
Subdivision No. 1)
West of site Compact Residential R-4 (Residential) Single-family residential
subdivision(Patterson
Subdivision)
B. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA or DSDA.
C. SITE DATA:
Total Acreage of Site—3.3-acres
Total Number of Lots— 13
Residential—9
Commercial—0
Industrial—0
Common—4
Total Number of Units-9
Single-family—9
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
Page 2 of 14
K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Wild Rose Sub MOD ccf.doc
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 2.73-dwelling units per 2.73-dwelling units per acre
acre (as approved with CU-16-
18/PPUD-04-18/PP-10-18)
Minimum Lot Size 6,380-square feet 6,380-square feet
(minimum, as approved with
CU-16-18/PPUD-04-18/PP-
10-18)
Minimum Lot Width 60-feet 60-feet
Minimum Street Frontage 60-feet 35-feet
Total Acreage of Common Area 42,040-square feet* .66-acre(28,750-square
Open Space feet)
Percent of Site as Common Area 29.2% 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.
*Note—Not inclusive of common lot containing the private street.
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE CONDITIONAL PERMIT,
PLANNED UNIT DEVELOPMENT, AND PRELIMINARY PLAT MODIFICATIONS:
See applicant's justification letter, date stamped by the City on November 5, 2021 (attached to the
staff report).
J. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
K. AGENCY RESPONSES:
The following agencies have previously responded with the original application (CU-06-18/PPUD-
04-18/PP-10-18)and their correspondence is attached to the staff report:
City Engineer: All comments within the engineer's letter are of special concern (attached to the
original application staff report and included herein by reference).
Ada County Highway District
Andeavor
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Eagle Water Company
Page 3 of 14
K:\Planning Dept\Eagle Appiications\Preliminary Development Plans\2018\Wild Rose Sub MOD ccf.doc
Idaho Transportation Department
New Dry Creek Ditch (two (2) email correspondences from Ron Sedlacek, dated October 4, 2018,
and November 27, 2018)
L. LETTERS FROM THE PUBLIC:None received
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
The City Council received and reviewed the following:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:None
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Requirements:
Minimum Lot
Area
Maximum Lot (Acres Or Minimum
Zoning Maximum j Interior Street Covered F And Square Feet) Lot
District Height Front Rear 1 Side Side ( J* H* Width I*
R-4 j 35' 20' 125' j 7.5' 20' 40% 8,000 70'
C. SUBDIVISION ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:None
D. DISCUSSION:
• The applicant is requesting approval to increase the previously approved maximum lot
coverage of 40%to 55%. The reason for the request is to allow for a larger building footprint
since the applicant was limited to single-story homes. The applicant has provided storm
drainage calculations, date stamped by the City on November 5, 2021, which indicates there
is sufficient storm drainage capacity to accommodate the requested increase of maximum lot
coverage. Staff will defer to the Council regarding the applicant's request.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on January 11, 2021, at which
time public testimony was taken and the public hearing was closed. The Council made their decision
at that time.
B. Oral testimony in favor of the applications was presented to the City Council by no one (other than
the applicant/representative).
C. Oral testimony in opposition of the applications was presented to the City Council by no one.
D. Oral testimony neither in favor of nor in opposition to the applications was presented by three (3)
individuals who indicated the following:
• The grade of the new subdivision is substantially higher than the adjacent properties; therefore,
the new homes sit much higher and negatively impacts the privacy of the residents living on the
adjacent properties.
Page 4 of 14
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Wild Rose Sub MOD ccf.doc
• The developer should be held to the required standards. Also, the City needs to ensure the
drainage facilities will have sufficient capacity to address the additional lot coverage.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, if the requested conditional use permit modification,
preliminary development plan modification, and preliminary plat modification is approved, staff
recommends site specific condition of approval#8 be modified to read as shown within the staff report.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-06-18 MOD/PPUD-04-18 MOD/PP-10-18 MOD to modify the
conditional use permit, preliminary development plan, and preliminary plat for Wild Rose Subdivision,
with the following staff recommended site specific conditions of approval and standard conditions of
approval with strike through text to be deleted by the Council and underline text to be added by the
Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. 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.
3. 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).
4. Provide a revised preliminary plat with Lots 1 and 2, Block 1, combined to be a single common lot
identified as Lot 1, Block 1. Based on Lots 1 and 2, Block 1, being combined into a single lot, the
remaining lots shall be re-numbered numerically in order prior to submittal of final development plan
and final plat applications.
5. Provide a revised preliminary plat with a new plat note which states, "Lots 1, (combined Lots 1 and
2), 11 (based on re-numbering), and 12 (based on re-numbering), are common lots to be owned and
maintained by the homeowner's association. Lots 1, 11, and 12, Block 1, shall have a blanket public
utilities, drainage, and irrigation easements." The revised preliminary plat shall be provided prior to
submittal of fmal development plan and final plat applications.
6. Provide a revised preliminary plat showing Lots 1 and 13, Block 1, at a minimum 35-feet in width
located adjacent to East Hill Road prior to submittal of a fmal plat application or submit an
Alternative Method of Compliance application with a Design Review application. The Design
Review application shall be reviewed and approved by the Design Review Board and City Council
prior to submittal of final development plan and fmal plat applications.
7. Provide a revised preliminary plat showing a minimum of.14-acres(6,273-square feet)of active open
space. The revised preliminary plat shall be provided prior to submittal of a design review
application.
Page 5 of 14
K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Wild Rose Sub MOD ccf.doc
8. The setbacks shall be as follows:
Front 20-feet
Rear 20-feet
Side 5-feet
Street Side Not Applicable
Maximum Coverage 4050%
The residential dwellings shall be single-story(25-feet maximum height).
9. The applicant has provided building elevations showing a "Contemporary/Craftsman" style of
architecture will be utilized within this development. The applicant shall create an Architectural
Control Committee(ACC) as a component of the subdivision CC&Rs to review the architecture style
of the homes to be constructed in this development. 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 prior to the City Clerk signing the final plat.
10. The submittal of the building permit application to the city for each home within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permits applications that do not have an approval letter attached will not be accepted.
11. To assure compliance with the PUD conditions of approval herein, the City reserves the right to
deny, at its discretion, any building permit application that does not meet the architectural
requirements(as required in site specific condition of approval#8 above)of the PUD.
12. Provide a revised preliminary plat showing the shared lot line between Lots 2 and 3, Block 1, to be
adjacent to the west easement line associated with the water/sewer easement (as identified on the
preliminary plat) so that all the easements are located within a common lot. The revised preliminary
plat shall be provided prior to submittal of fmal development plan and final plat applications.
13. Provide a mechanism for preventing private vehicle access on the emergency access drives providing
connection between Primrose Lane and East Hill Drive within the Design Review application. The
Design Review application should be reviewed and approved by the Design Review Board and City
Council prior to submittal of final development plan and final plat applications.
14. Provide a revised preliminary plat with plat note #1 revised to state, "All lots within the subdivision
shall have the perpetual right of ingress and egress over the private street located within Lot 11, Block
1 (based on re-numbering). Plat note#14 should be revised to state, "The private street located within
Lot 11, Block 1, shall be owned and maintained by the homeowner's association and the restrictive
covenant for maintenance of the private street cannot be modified and the homeowner's association
or other entity cannot be dissolved without the express consent of the City." The revised preliminary
plat shall contain a new plat note which states, "The perpetual easement for ingress and egress on Lot
11,Block 1, shall run with the land."The revised preliminary plat shall be provided prior to submittal
of final development plan and final plat applications.
15. The applicant shall be required to construct vertical curbing located adjacent to the north side of the
private street (with the exception of the area located adjacent to the buildable lots). The applicant
shall provide a revised preliminary plat showing the private street typical section with vertical curbing
located on north side of the private street (with the exception of the area located adjacent to the
buildable lots). The revised preliminary plat shall be provided prior to submittal of final development
plan and final plat applications.
Page 6 of 14
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\201S\Wild Rose Sub MOD ccf doc
16. Provide a revised preliminary plat with plat note#2 revised to state, "All lots are hereby designated as
having a permanent easement for public utilities, drainage, and irrigation easement over the 12-feet
adjacent to the private street and exterior boundary of the subdivision. This easement shall not
preclude the construction of hard-surfaced driveways and walkways to each lot." The revised
preliminary plat shall be provided prior to submittal of fmal development plan and final plat
applications.
17. Provide a revised preliminary plat with plat note #3 revised to state, "Unless otherwise shown and
dimensioned all lots are hereby designated as having a permanent easement for public utilities,
drainage, and irrigation over the 5-feet adjacent to any interior side lot line." The revised preliminary
plat should be provided prior to submittal of final development plan and final plat applications.
18. Provide a revised preliminary plat delineating the location(s)of the storm water seepage beds prior to
submittal of final development plan and final plat applications.
19. Provide a revised preliminary plat with plat note#9 revised to state, "Minimum building setback lines
shall be in accordance with the City of Eagle Zoning Ordinance or as specifically approved." The
revised preliminary plat shall be provided prior to submittal of final development plan and final plat
applications.
20. Provide a revised preliminary plat with a new plat note which states, "Direct lot access to East Hill
Road is prohibited unless specifically approved by the City of Eagle and ACHD." The revised
preliminary plat shall be provided prior to submittal of final development plan and final plat
applications.
21. A pressurized irrigation waiver request is hereby granted since the irrigation purveyor cannot deliver
surface water to the site.
22. Provide a revised preliminary plat with the Title Block revised to state, "A parcel of land being a
portion of Lots 2 and 3, Block 1 of Avante Casa Subdivision and a portion of Lot 1, Patterson's
Subdivision, located in the S. '/2, of SW 'A of Section 10, T.4N., R.1E, B.M. City of Eagle, Ada
County, ID. The revised preliminary plat shall be provided prior to submittal of final development
plan and final plat applications.
23. 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. 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.
24. All living trees that do not encroach upon the buildable area 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 by the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a fmal
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.
25. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk
signing the fmal plat.
26. Wild Rose Subdivision shall remain under the control of one Homeowners Association.
Page 7 of 14
K.\Planning Dept\Fzgle Applications\Preliminary Development Plans\2018\Wild Rose Sub MOD ccf doc
27. All plat notes that are required on the preliminarydevelopment plan/preliminary' plat shall be
transferred to the final plat prior to submittal of fmal development and final plat applications.
28. The applicant shall provide a water connection located east of the New Dry Creek Ditch, on Lot 1,
Block 1,to provide irrigation to the common lot.
29. The applicant shall provide a minimum of 15% active open space (to be reviewed and approved by
the Design Review Board and City Council).
30. The applicant shall work with the City to amend the Covenants, Conditions, and Restrictions to
include a Conservation and Education Program (CEP) Funding Plan. The amended Covenants,
Conditions, and Restrictions shall be provided to the City prior to the issuance of any future
certificates of occupancies for new residential dwellings.
31. The applicant shall submit a revised landscape plan for the buffer berm along East Hill Road showing
additional landscaping plantings associated with xeriscape. The revised landscape plan shall be
approved by the City Council prior to the issuance of a building permit and the plants shall be planted
prior to the issuance of future certificates of occupancy.
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 fmal 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 fmal 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.
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.
Page 8 of 14
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Wild Rose Sub MOD ccf.doc
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 fmal 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
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.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the
City Engineer prior to the City Engineer signing the final plat. All construction shall comply with
the City's specifications and standards.The applicant shall delineate on the face of the final plat an
easement, acceptable to the City Engineer, for the purpose of installing and maintaining street
light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the
City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
Page 9 of 14
K\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Wild Rose Sub MOD ccf.doc
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and
shall be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the
storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or
other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the fmal 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 fmal 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 final plat prior to approval of the final plat by the
City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations(if applicable)prior to the City Engineer signing the 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 fmal plat by
the City Engineer.
Page 10 of 14
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Wild Rose Sub MOD ccf.doc
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 fmal
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall
be complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council(ECC 9-6-5 (A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the 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 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.
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 fmal 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.
Page 11 of 14
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Wild Rose Sub MOD ccf doc
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.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
modification, preliminary development plan modification, and preliminary plat modification (CU-06-
18 MOD/PPUD-04-18 MOD/PP-10-18 MOD) 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.
The proposed development will provide a housing type that has proven demand within the city.
The proposed development will advance the general welfare of the community and neighborhood
since it is designed to be in conformance with the Comprehensive Plan and will be adding
property previously owned by a public agency back to the tax roll.
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 as required will have single-level homes with bonus rooms over the garages and
is designed to complement the general vicinity and provide aesthetically pleasing architecture to
enhance the character of the area.
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
The development is planned to consist of residential uses only. It is not anticipated that any uses
or activities will be detrimental to existing or future neighborhoods.
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 to consist of residential uses only. It is not anticipated that any uses
or activities will be detrimental to the surrounding properties upon completion of the site work.
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.
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, Eagle Sewer District, and
Eagle Water Company have reviewed the proposed development and indicate that capacity exists
to adequately serve this development.
Page 12 of 14
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Wild Rose Sub MOD ccf.doc
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 sewer, water or highway district. Because the
developer provides the services in the initial stages of development the public service providers
avoid potential liability and expenses.
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 applicant is required to provide a landscape plan showing a minimum of 15-percent of the
required open space to be active open space as required pursuant to Eagle City Code Section 9-3-
8(D)(1). The active open space is to include usable open space amenities, including but not
limited to, a pathway, pergola and/or bench(s). The landscape plan is to be reviewed and
approved by the Design Review Board and City Council as conditioned herein.
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
Access is to the development is provided via an existing public street(East Hill Road).
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
There are no known such features located upon the property.
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 proposed development is in accordance with the Comprehensive Plan Land Use Map
designation of Compact Residential since the proposed density and design of the subdivision is in
conformance with the policies of the comprehensive plan.
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 PUD as outlined in Eagle City Code. The proposed
development, as designed, is in conformance with those requirements and the applicant is
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 Codes and conditions of approval of
the design review. The proposed development will include single-family residential units with lot
layout as shown on the preliminary development plan.
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.
Single family residential is the only use approved for this development.
a. That based upon agency verification and written comments from the notified agencies or as
conditioned herein, there is adequate public financial capability to support the proposed
development; and
b. That any health, safety and environmental problems that were brought to the Council's attention
have been adequately addressed by the applicant or will be conditions of final plat approval as set
forth within the conditions of approval above.
Page 13 of 14
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Wild Rose Sub MOD ccf.doc
DATED this 25th day of January 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Ja•• 'ierce,Mayor
AT EST:
Tracy E. O , agle City Clerk 0 41. cLATF•••,L
t o
-: 4' / ' OS
: c� o i 1►s•= :
••.. F
'*.,,•••STA' s�••
Page 14 of 14
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Wild Rose Sub MOD ccf.doc
a %
s �
w h.
t K
•
e.r.,