Findings - CC - 2022 - RZ-12-21 / CU-07-21 / PPUD-07-21 / PP-14-21 - Benari Estates Sub Rezone From Agricultural To Residential With A Da - Denied BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
REZONE FROM A(AGRICULTURAL)TO )
R-4-DA-P(RESIDENTIAL WITH A DEVELOPMENT )
AGREMENT—PUD), CONDITIONAL USE PERMIT, )
PRELIMINARY DEVELOPMENT PLAN,AND )
PRELIMINARY PLAT FOR BENARI ESTATES )
SUBDIVISION FOR EAGLE 1,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-12-21/CU-07-21/PPUD-07-21/PP-14-21
The above-entitled rezone with a development agreement, conditional use permit, preliminary
development plan, and preliminary plat applications came before the Eagle City Council for their action
on December 14, 2021, at which time public testimony was taken and the public hearing was closed. The
Eagle City Council, having heard and taken oral and written testimony, and having duly considered the
matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Eagle 1, LLC, represented by Laren Bailey, is requesting a rezone from A (Agricultural)to R-4-
DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary
development plan, and preliminary plat approvals for Benari Estates Subdivision, a 148-lot(133-
buildable, 15-common)residential planned unit development. The 35.29-acre site is located at the
northeast corner of West State Street and North Ballantyne Lane at 1770 West State Street.
B. APPLICATION SUBMITTAL:
A virtual Neighborhood Meeting was held at 6:00 PM, on Thursday, April 8, 2021, in compliance
with the application submittal requirement of Eagle City Code. The applications for this item
were received by the City of Eagle on June 30, 2021. A revised preliminary plat and planned unit
development plan were submitted to the City on September 28,2021.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on July 2, 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 October 15, 2021. Notice of this public
hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter
65, Idaho Code and Eagle City Code on October 15, 2021. The site was posted in accordance
with the Eagle City Code on October 15,2021.
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
November 26, 2021. Notice of this public hearing was mailed to property owners in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on November 27,
2021. The site was posted in accordance with the Eagle City Code on December 1,2021.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None
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E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood A(Agricultural) Single-family residence and
Residential agriculture
Proposed No Change R-4-DA-P(Residential Single-Family Residential
with a development Planned Unit Development
agreement—PUD)
North of site Large Lot A-R(Agricultural- Single-Family Residential
Residential) Subdivision(Bakers Acres
Subdivision)
South of site Mixed Use R-9-DA (Residential Proposed single-family
with a development attached subdivision
agreement[in lieu of a (Kingfisher Estates
PUD])and MU-DA Subdivision)and a single-
(Mixed Use with a family residence and
development agreement enclosed storage facility
[in lieu of a conditional
use permit])
East of site Neighborhood R-2(Residential) Single-Family Residential
Residential Subdivision(Van Engelen
Estates Subdivision)
West of site Neighborhood R-2-DA-P(Residential Single-Family Residential
Residential with a development Subdivision(Countryside
agreement—PUD) Estates Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site—35.29
Total Number of Lots— 148
Residential— 133
Commercial—0
Industrial—0
Common— 15 (inclusive of one(1)private street lot)
Total Number of Units— 133
Single-family— 133
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 3.77-dwelling units per acre 2-dwelling units per acre
maximum
Minimum Lot Size 4,703-square feet* 17,000-square feet
Minimum Lot Width 45-feet 75-feet
Minimum Street Frontage 0-feet 35-feet
Total Acreage of Common Area 8.47-acres 7.05-acres(minimum)
Open Space
Percent of Site as Common Area 24.4% 20%(minimum)
Open Space Except that, according to
ECC Section 9-3-8(C)
the City may require
additional public and/or
private park or open space
facilities in PUDs
* A reduction in minimum lot sizes may be permitted within a Planned Unit Development with an
offsetting increase in open space.
GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The western property line is located adjacent to North Ballantyne Lane which is classified as a
collector. The southern property line is located adjacent to West State Street which is classified as
a minor arterial. The applicant is proposing a minimum 35-foot-wide buffer adjacent to North
Ballantyne Lane and a minimum 50-foot-wide buffer adjacent to West State Street. Also, there is
approximately .42-acres proposed to be landscaped located at the intersection of West State Street
and North Ballantyne Lane, which is outside of the proposed of the boundary of the proposed
subdivision.
Open Space:
A total of 8.47-acres approximately 24.4% of open space is proposed within the residential
subdivision. Approximately 2.15-acres (25.4%) of the proposed open space is considered to be
"Open Space, Active" as defined by Eagle City Code Section 9-1-6. The open space is inclusive
of the buffer areas located adjacent to North Ballantyne Lane and West State Street, common lots
located at the internal street intersections, three (3) park areas, and an open space area located
across from the eastern entrance to the development. The park areas consist of a main park that
will create a focal point from the main entry from North Ballantyne Lane, a fully fenced dog park
located at the center of the project, and a southern park area where the existing pecan trees and
the historical barn will be preserved. The park areas will also consist of open view wrought iron
fencing,pathways,benches, and a two-sided water feature.
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The applicant is requesting a rezone to R-4 (Residential) which has a minimum lot size of 8,000
square-feet. The preliminary plat shows lots which are below the required minimum lot size. The
applicant is required to provide an offsetting increase of open space associated with the lots
which are below the minimum lot size. The offsetting increase of open space is then added to ten
percent (10%) of the overall area of the site to determine the required open space. Based on the
sizes of the lots which are below the required minimum lot size, the applicant is required to
provide 4.93-acres of open space (to compensate for the lots below the minimum lot size) which
is added to 3.48-acres(10% of the site)for a total required open space area of 8.41-acres.
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&Rs are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so
graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff
shall cross any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Plat note #4 of the preliminary plat and planned unit development plan, date stamped by the City
on September 28, 2021, indicates the public utilities, irrigation, and drainage (PUID) easements
as follows:
• 12-feet adjacent to the subdivision boundary
• 12-feet adjacent to the internal private street
• 21-feet adjacent to the public right-of-way
• 5-feet adjacent to interior side lot lines
• 6-feet adjacent to interior rear lot lines
All utilities including power are required to be placed underground.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes or no)—No
Preservation of Existing Natural Features:
The applicant is proposing to retain several of the existing trees located in proximity to the
existing barn. The applicant will be required to mitigate for the remaining trees proposed to be
removed.
Preservation of Existing Historical Assets:
The site contains a historic gabled roof barn which has been on the property since the early
1900's. The applicant is proposing to incorporate the historic barn into a three quarter (3/4) acre
park like setting consisting of wrought iron fencing, walking pathway, benches, large existing
trees, and landscaping.
J. STREET DESIGN:
Private or Public Streets:
The public and private streets will be constructed based on the Preliminary Street Section Details
shown on page PP3.0 of the preliminary plat and planned unit development plan, date stamped by
the City on September 28, 2021.
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Applicant's Justification for Private Streets:
See applicant's justification letter, date stamped by the City on September 23, 2021 (attached to
the staff report).
Blocks Less Than 500': None
Cul-de-sac Design:
One(1)cul-de-sac is proposed:
• West Yellowstone Court: 235-feet in length, 53-foot radius.
Sidewalks:
West State Street currently has an existing 5-foot-wide detached sidewalk which extends along
the southern property line to the intersection of West State Street and North Ballantyne Lane. The
applicant is proposing detached sidewalks separated by an 8-foot-wide planter strip on both side
of the public streets. The private streets are proposed with a mix of detached and attached
sidewalks to be located on one(1) side of the private streets.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the public
and private streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat landscape plan shows six-foot wide pedestrian pathways located within three
(3)of the common lots (Lots 26, 50, and 79, Block 3). The pathway located within Lot 26, Block
3, provides interconnectivity between West Timberstone Lane (Pvt) and the sidewalk adjacent to
West State Street. The pathway located within Lot 50, Block 3, provides interconnectivity
between North Great Falls Avenue and North Goldenstone Lane (Pvt). The pathway located
within Lot 79,Block 3, shows interconnectivity between North Arrow Rock Lane(Pvt)and North
Wood Stream Avenue.
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
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N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
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—no
Wildlife Habitat—unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
The applicant submitted a Horticulturist/Arborist Consultant report, date stamped by the City on
June 30, 2021 (attached to the staff report).
P. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated September 21,2021, are of special
concern(attached to the staff report).
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent's memo dated October 26, 2021, are of special concern (attached to the staff
report).
Ada County Highway District
Central District Health Department
Communities in Motion 2040(COMPASS)
Eagle Fire Department
Idaho Transportation Department
Marathon Pipe Line, LLC
United States Department of the Interior, Fish and Wildlife Service
West Ada School District
Q. LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence from Pine Ranch Subdivision,date stamped by the City on October 15, 2021
Correspondence received from Terry Hall and Marilou Terpenning, date stamped by the City on
October 19, 2021
Email correspondence received from Tom Barrieau,dated October 19, 2021
Email correspondence received from Joe and Linda Easley,dated October 20, 2021
Email correspondence received from Mariel Berry, dated October 20, 2021
Email correspondence received from Lory and Greg Dye, dated October 21, 2021
Email correspondence received from Ken Lenz, dated October 21, 2021
Email correspondence received from Brent Deakins,dated October 21, 2021
Correspondence received from Pine Ranch Subdivision (with three [3] attached petitions), date
stamped by the City on October 22,2021
Signed petitions (six [6] pages) received from area residents, dated stamped by the City on
October 22, 2021
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Email correspondence received from Candice Hopkins, dated October 25, 2021
Email correspondence received from Kathryn Henley,dated October 25,2021
Email correspondence received from Colin Elliott, dated October 25,2021
Email correspondence received from Gayle and Frank Wright, dated October 25, 2021
Correspondence received from John Caywood, date stamped by the City on October 25,2021
Correspondence received from Ross Kirtley and Laura Johnson, date stamped by the City on
October 25,2021
Correspondence received from Patrick and Mariah Courtright, date stamped by the City on
October 25,2021
LETTERS FROM THE PUBLIC (received prior to the City Council's public hearing and
attached to the Planning and Zoning Commission's action memo):
Correspondence received from Department of Environmental Quality, date stamped by the City
on July 9, 2021
Correspondence received from T. Hethe Clark, with Clark Wardle, date stamped by the City on
December 9, 2021
Email correspondence from George and Jeanne Nuesse, date stamped by the City on October 26,
2021
Email correspondence received from Karen Swanson, date stamped by the City on November 1,
2021
Full size copy of the preliminary plat and preliminary development plan,date stamped by the City
on September 28,2021
Email correspondence received from Rev. Brent Deakins, dated November 29,2021
Email correspondence received from Gayle and Frank Wright, dated November 30,2021
Email correspondence received from Colin and Susan Elliott(on behalf of John and Jody Lamed)
dated December 5,2021
Email correspondence received from Heather and Clark Morton,dated December 6, 2021
Correspondence received from Ron and Miriam Mayhew, date stamped by the City on December
6,2021
Correspondence received from Patrick and Mariah Courtright, date stamped by the City on
December 6,2021
Correspondence received from Kay Maffey,date stamped by the City on December 6, 2021
Correspondence received from Terry Hall and Marilou Terpenning, date stamped by the City on
December 7,2021
Correspondence received from Bill and Patty Davis, date stamped by the City on December 7,
2021
Correspondence received from Kellie Allred, date stamped by the City on December 3, 2021
Correspondence received from Henry (Jim)and Darla Reinbold
Email correspondence received from Nate and Susan Calvin,dated December 6,2021
Correspondence received from Joe and Linda Easley, date stamped by the City on December 7,
2021
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The preliminary plat and planned unit development plan, date stamped by the City on September
28, 2021, shows three (3) phases of development. The applicant is proposing to develop the three
(3) phases in successive years. The first phase is proposed to start in 2022, phase 2 in 2023, and
phase 3 in 2024 or 2025. Home construction and sales will continue into 2026 and possibly
further depending on market conditions.
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S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment,
and/or conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water and
sewer,and schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided
in a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the
surrounding area for this proposed development justifies any proposed deviation from any
standard district regulations.
In cased of large-scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space,recreation,maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development
has been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
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16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
T. FISCAL IMPACT ANALYSIS:
See Developer Data Table, date stamped by the City on June 30, 2021, along with analysis table
(attached to the staff report).
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
STAFF ANALYSIS:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 6: Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Neighborhood Residential
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls. This designation includes the Willow Creek
Scenic Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration, regional trails and connectivity.
6.4.3 General Land Use Implementation Strategies
L. Protect farm-related uses and activities from land use conflicts or from interference
created by residential, commercial, or industrial development. Adhere the Idaho Right to
Farm Act.
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.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre. Multi-
family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning
districts, unless approved as part of a planned unit development (PUD). Centralized water and
sewer facilities are required for all subdivision and 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
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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:
Minimum Yard Setbacks Minimum
Note Conditions A To E* Maximum Lot Area
Lot (Acres Or Minimum
Zoning Maximum Interior Street Covered F Square Lot
District Height Front Rear Side Side And J* Feet)H* Width I*
R-4 35' 20' 25' 7.5' 20' 40% 8,000 70'
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 8-7-3-5: 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
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 9-1-6 Rules and Definitions:
PRIVATE STREET: A right of way which provides access to adjacent properties under separate
ownership and which is not dedicated to or officially accepted by a public entity, but not
including a driveway as defined in subsection 9-3-2-1(J)of this title.
• Eagle City Code Section 9-3-2-1: Streets and Alleys: Location and Design:
I. Private Streets: Private streets that provide access to no more than ten percent (10%) of the
lots may be permitted within planned unit developments provided that the standards within
section 9-3-2-5 of this chapter are met.
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J. Driveways: Driveways which provide access to no more than two (2) lots shall be allowed
within any subdivision provided at least one (1) of the lots has the minimum street frontage
required in section 8-2-4 of this code.
• Eagle City Code, Section 9-3-2-5 Private Streets:
Private streets may be permitted, in the discretion of the council, subject to the following:
A. Compliance: Private streets may provide access to no more than ten percent(10%)of the lots
within a planned unit development provided the council determines that the private streets are
in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that private
streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking.
3. The private streets shall provide adequate access for service and emergency vehicles.
4. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel layout.
6. Other than to provide emergency access, the private streets do not connect one public
street to another, thereby encouraging travel through the development served by the
private street; provided, however, that in order to provide secondary access, a private
street may have more than one connection to a public street and/or may be connected to
more than one public street if access thereto is controlled by automatic gates or other
control devices approved by the council.
7. The use or alignment of the private streets does not interfere with the continuity of public
streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets, including provisions for the funding thereof.
B. Construction And Design Standards: Private streets shall conform to the following
construction and design requirements:
1. All private street construction shall be in accordance with Ada County highway district's
structural standards for streets including base course and asphaltic concrete mat thickness
utilizing the appropriate traffic index or as may be recommended by the city engineer and
approved by the city council, and shall further be in accordance with Ada County
highway district's intersection design and drainage requirements, or as may be
recommended by the city engineer and approved by the city council.
2. Except as may be otherwise set forth in this section, private streets shall meet such design
and dimensional requirements as the council may determine are appropriate considering
the proposed use and the site upon which the private streets are to be placed,however, all
private streets shall contain paved travel lanes a minimum of twelve feet (12') in width
(except as noted herein) and shall otherwise provide for the safe, convenient, and
effective movement of both vehicular and pedestrian traffic. Vertical curbing shall be
provided for streets that are less than thirty four feet(34') in total width.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
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4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including, but not
limited to,designated parking and"no parking" areas, speed, stop,and such other signs as
are required for safe pedestrian and vehicle travel.
5. All private streets shall, during the progress of construction, be inspected and tested, at
the expense of the owner or developer, by a qualified inspector in order to ensure
compliance with the construction and design standards set forth in this section, the
construction drawings as prepared by the registered professional engineer, and good
engineering and construction practices. Reports of such inspections and tests shall be
submitted, together with a certification of such compliance, for the review and approval
by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public right
of way,or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of
this chapter and subject to the approval of the Eagle fire district and city engineer and
provided further that proper maintenance of the island is provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle
fire district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer,and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared by
a licensed professional engineer in the state in substantial conformance with engineering
and design standards in effect at the time of preparation of the design. Construction
drawings, together with a certification of such conformity, shall be submitted for the
review and approval by the city engineer. No part of this section shall be construed as
allowing a private street that is not in conformance with current engineering and design
standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more restrictive
standard shall prevail, unless specifically determined otherwise by the city council.
C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance
of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost estimate
therefor prepared by a licensed professional engineer in the state, together with a
proposed method for funding the same, including, but not limited to, the creation and
maintenance of a reserve fund for that purpose, shall be submitted with the final plat
application for review and approval by the city engineer and city council.
2. The location of the private street shall be clearly depicted on the face of the plat and notes
shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private
street the perpetual right of ingress and egress over the described private street;
b. Provide that such perpetual easement shall run with the land;and
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c. Provide that the restrictive covenant for maintenance of the private street cannot be
modified and the homeowners'/property owners' association or other entity cannot be
dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be recorded at
the time of recording the plat which said covenant shall create a homeowners'/property
owners' association or substantially similar entity and make provision for the perpetual
maintenance of the private street in accordance with the approved plan as provided for in
subsection C 1 of this section. Said restrictive covenant shall also provide that the said
covenant shall run with the land and that the said covenant cannot be modified and that
the homeowners'/property owners' association or other entity cannot be dissolved without
the express consent of the city. The said restrictive covenant shall be reviewed and
approved by the city attorney prior to certification and signing of the final plat by the city
engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private street approved in accordance with
the provisions of this section to undertake such repair and maintenance activities as it
may determine is necessary to protect the public health, safety, or welfare and make such
expenditures from the funds reserved therefor as may be required thereby; and the owner
or responsible entity shall, as a condition of approval of any such private street, be
deemed to have agreed to comply with any such order and to reimburse the city all of its
costs, including attorney fees, incurred in obtaining or enforcing any such order. Any
order entered by the council pursuant to this subsection may be enforced by a court of
competent jurisdiction and the city shall be entitled to recover its costs and attorney fees
incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all
applicable components of the comprehensive plan.
E. Waiver: The council may waive or modify any of the standards or requirements of this
section when the private streets have been determined to be an integral element of the overall
plan and scheme of the development or will serve to enhance the overall development;
provided,however,that any such waiver shall not be injurious to public health or safety.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side
lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material, unless the fence is located on the property line between the required roadway
buffer area and the residential lot, in which case the fence may be a solid wood picture frame or
premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed
so that the fence is visible from the adjacent roadway, then the fence shall include decorative
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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.
D. DISCUSSION (based on the preliminary plat and planned unit development, date stamped by the
City on September 28, 2021):
• The preliminary plat and planned unit development show a combination of detached sidewalks
located along both sides of the public roads and one (1) side of North Great Falls Lane (Pvt). The
remaining private streets are shown with attached sidewalks located on one (1) side of the street
throughout the development. Pursuant to Eagle City Code Section 8-3-2-5(B)(3) sidewalks shall
be required in accordance with subsection 9-4-1-6(F). Pursuant to Eagle City Code Section 9-4-1-
6(F) 5-foot-wide sidewalks separated by an 8-foot-wide landscape strip are required on both sides
of street. Pursuant to Eagle City Code Section 9-3-2-5 (E), the Council may waive or modify any
of the standards or requirements of this section when the private streets have been determined to
be an integral element of the overall plan and scheme of the development or will serve to enhance
the overall development, provided that any such waiver shall not be injurious to public health or
safety. Based on Eagle City Code Section 9-3-2-5 (E), staff will defer to the Commission and
Council in regard to the allowance of attached or detached sidewalks to be permitted on one (1)
side of the private streets.
• The applicant provided a preliminary plat landscape plan, date stamped by the City on June 30,
2021. The fencing exhibit shows solid style fencing located adjacent to the common areas.
Pursuant to Eagle City Code Section 9-3-10, open style fencing is required adjacent to common
areas. The applicant should be required to provide a revised fencing exhibit showing open style
fencing located adjacent to the common area open spaces and on the street side of all corner lots
prior to execution of the development agreement associated with the rezone(RZ-12-21).
• Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes shall conform
to the closest compatible base zone identified in Eagle City Code Section 8-2-4. The applicant is
requesting a R-4-DA-P (Residential with a development agreement — PUD) zoning designation.
The required setbacks within the R-4 (Residential)zone are as follows:
Front 20-feet
Rear 25-feet
Side 7.5-feet
Street Side 20-feet
Maximum Coverage 40%
The applicant is proposing to develop the property with two housing types consisting of large
estate homes and single-story detached patio homes. The applicant is requesting the following
setbacks be approved (Lots and Blocks are based on the submitted preliminary plat and planned
unit development, date stamped by the City on September 28, 2021):
Proposed Lots 2-11,Block 1 Lots 39-49,Block 3 Remaining
Setbacks Lots 2-11,Block 2 Lots
Lots 32-37,Block
3
Front 31-Feet(20-Feet 31-Feet(20-Feet 15-Feet(Living)
from back of from back of 20-Feet(Garage)
sidewalk) sidewalk)
Rear 25-Feet 20-Feet 12-Feet
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Interior Side 7.5-Feet 7.5-Feet 5-Feet
Street Side 20-Feet 20-Feet 15-Feet
Maximum 40% 40°/0 50%
Coverage
The street sections associated with the detached sidewalks located adjacent to the public and
private streets shows the detached sidewalk and a portion of the landscape strop encroach 11-feet
into the residential lots except for the private street with an attached sidewalk on one (1) side of
the street. The applicant is requesting approval to for a 31-foot front setback for the lots fronting
the streets with detached sidewalks. The proposed setback will allow a minimum of 20-feet
located between the front of the garage and the back of sidewalk. The applicant is requesting
approval for a 15-foot (living) and 20-foot(garage) for the remaining lots adjacent to the private
streets. These lots are located within the private street area which has an attached sidewalk
located on only one (1) side of street. The attached sidewalk is located within the common lot
associated with the private street. As proposed, the area located between the front of the garage
and the back of sidewalk or between the front of the garage and back of curb (residential lots not
fronting a sidewalk) will be 20.5-feet in width. Pursuant to Eagle City Code Section 8-2-4(G),all
front load garages are required to be set back 25-feet from the back of sidewalk. I
The applicant is proposing the rear setback to vary in width from 25-feet to 12-feet depending on
the location of the lots within the development. Although the applicant is proposing the interior of
the development to consist of only single-story homes the applicant is not proposing an additional
side yard setback for two-story homes located on the larger lots located within the development.
The applicant should be required to provide an additional interior side 5-foot setback for multi-
story dwellings.
It is staff's recommendation that based on the location of the detached and attached sidewalks,
and the corner lots being located adjacent to the street,the following setbacks(measured from the
property line)and maximum lot coverage for this development should be required:
Setbacks Lots 2-11,Block 1 Lots 39-49,Block 3 Remaining
Lots 2-11,Block 2 Lots*
Lots 32-37,Block 3
Front 36-Feet(25-Feet 36-Feet(25-Feet 15-Feet(Living)
from back of from back of 20-Feet(Garage)
sidewalk)** sidewalk)**
Rear 25-Feet 20-Feet 12-Feet
Interior Side 7.5-Feet(first story), 7.5-Feet(first 5-Feet
5-feet(each story),5-feet(each
additional story) additional story)
Street Side 20-Feet 20-Feet 15-Feet
Maximum 40% 40% 50%
Coverage
* The homes located within the "Remaining Lots" shall be limited to single-story (25-foot
maximum height [chimneys and vents may exceed the 25-foot height limitation provided they
are architecturally compatible with the dwelling])
** A single-family dwelling unit that utilizes a side entry garage shall be permitted to a have a 5-
foot reduction in the minimum front yard setback.
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• Bakers Acres Subdivision located north of the proposed Benari Estates Subdivision is designated
as Large Lot Residential on the comprehensive plan land use map. Large Lot Residential allows
for densities of one unit/acre to one unit/two-acres. Bakers Acres Subdivision contains three (3)
residential lots which border the proposed development. The three (3) lots located within Bakers
Acres Subdivision have an A-R (Agricultural-Residential) zoning designation with a minimum
lot size of approximately 4.8-acres. As proposed, Benari Estates Subdivision contains 12-
residential lots located along the shared subdivision boundary with Bakers Acres Subdivision. Six
(6) residential lots are located within Block 1 west of North Boulder Ridge Avenue and the
remaining six (6) lots are located east of North Boulder Ridge Avenue. In the event Baker Acres
Subdivision were redeveloped in the future the highest density which could be approved pursuant
to the comprehensive plan designation is one unit/acre with a minimum lot size of 37,000-square
feet. As proposed, the lots located adjacent to Bakers Acres Subdivision vary in size from 9,772-
square feet to 15,924-square feet with an average lot size of 11,070-square feet, which is less than
one-third (1/3) of the size of the minimum lot size in the event Bakers Acres Subdivision were
redeveloped. Based on the Bakers Acres Subdivision comprehensive plan land use designation,to
provide lot sizing which would be more compatible with future lots within Bakers Acres
Subdivision the applicant should be required to provide a revised preliminary plat and planned
unit development showing two (2) residential lots removed north of West Yellowstone Court and
west of North Boulder Ridge Avenue and three (3) residential lots removed north of West
Yellowstone Court and east of North Boulder Ridge Avenue. The revised preliminary plat and
planned unit development should be provided prior to submittal of final development plan and
final plat applications.
• The east subdivision boundary line is located adjacent to Van Engelen Estates Subdivision which
has a zoning designation of R-2 (Residential). The nine (9) lots located within Van Engelen
Estates Subdivision adjacent to the proposed development vary in size from 13,547-square feet to
24,394-square feet with an average lot size of approximately 17,908-square feet. The residential
homes located within Van Engelen Estates Subdivision are near the shared property line. The
preliminary plat and planned unit development plan show a total of eleven (11) lots located
adjacent to Van Engelen Estates Subdivision which vary in size from 9,738-square feet to 14,266-
square feet with an average lot size of approximately 11,070-square feet. To provide an alignment
of lot lines and similar lot sizing the applicant should be required to provide a revised preliminary
plat and plan unit development which shows one (1) residential lot removed east of North Great
Falls Avenue and north of West Deadwood Street and one (1) residential lot removed east of
North Great Falls Avenue and south of West Deadwood Street. The revised preliminary plat and
planned unit development should be provided prior to submittal of final development plan and
final plat applications.
• Plat note#1 of the preliminary plat and planned unit development states, "Lots 1 and 12, Block 1,
Lots 1 and 12, Block 2, and Lots 26, 38, 47, 50, 60, 79, 90, 96, 97, 109, and 124, Block 3 and are
common lots to be owned and maintained by the Benari Estates Community Association."
The referenced Lot 124, Block 3, is the common lot which contains the proposed private street.
The private street common lot and maintenance of the common lot is addressed within plat note
#2 and should not be addressed within plat note #1. Also, although plat note #4 addresses the
public utilities, irrigation, and drainage (PUID) easements within the subdivision staff
recommends that all the common lots contain a blanket PUID easement. Furthermore, there is no
reference to the prohibition of driveways across the common lots. The applicant should be
required to provide a revised preliminary plat with plat note #1 revised to state, "Lots 1 and 12,
Block 1, Lots 1 and 12, Block 2, and Lots 26, 38, 47, 50, 60, 79, 90,96, 97, and 109, Block 3 and
are common lots to be owned and maintained by the Benari Estates Community Association. The
common lots are subject to a blanket public utility, drainage, and irrigation easement. Driveways
are prohibited across all common lots." The revised preliminary plat and planned unit
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development should be provided prior to submittal of final development plan and final plat
applications.
• Plat note #2 of the preliminary plat and planned unit development addresses the common lot
containing the private street, the required easements, and the operation and maintenance of
private street. Although the plat note addresses the items required pursuant to Eagle City Code
Section 9-3-2-5, the plat notes states that Lot 124, Block 3, is a private street and does not
actually identify the lot and block as a common lot. Also,the second lot and block cite within the
plat note references the wrong block. The applicant should provide a revised preliminary plat and
planned unit development with plat note #2 revised to state, "Lot 124, Block 3, is common lot
containing a private street. The private street shall be owned and maintained by the Benari Estates
Community Association. Each lot owner within the subdivision served by the private streets shall
have the perpetual right of ingress and egress over the described private streets. The perpetual
easement shall run with the land and the restrictive covenant for maintenance of the private
streets cannot be modified without the express consent of the city of eagle. Lot 124, Block 3, shall
also contain a blanket easement for the benefit of Suez Water and Eagle Sewer District." The
revised preliminary plat and planned unit development should be provided prior to submittal of
final development plan and final plat applications.
• The preliminary plat and planned unit development show Lots 5 and 6, Block 3, and Lots 72 and
73 Block 3 take access from shared driveways. Plat note#3 states,"Lots 5 and 73 Block 3 contain
an easement for a shared driveway for the benefit of Lots 6 and 72 Block 3 which A) provide
perpetual right of ingress/egress, B) the easement runs with the land, and C) shall be maintained
by the Estrada Village Community Association." [sic]
Pursuant to Eagle City Code Section 9-3-2-1(J), driveways which provide access to no more than
two (2) lots shall be allowed within any subdivision provided at least one (1) of the lots has the
minimum street frontage required in section 8-2-4 of this code. Although Eagle City Code
provides an allowance for two (2) lots to gain access from a shared driveway, due to the smaller
lot sizes within this development and the proposed setbacks, vehicles which are parked in front of
the garage on Lots 5 and 73, Block 3, may block access to Lots 6 and 72, Block 3. Also, the
applicant has not identified how public utilities are going to be provided to Lots 6 and 72, Block
3. If the City Council approves the allowance of shared driveways associated with Lots 5 and 6,
Block 3, and Lots 72 and 73, Block 3, the applicant should be required to provide a revised
preliminary plat and planned unit development with plat note #3 revised to state, "Lots 5 and 73,
Block 3, contain an easement for a shared driveway for the benefit of Lots 6 and 72, Block 3,
which A) provide perpetual right of ingress/egress, B) the easement runs with the land, and C)
shall be maintained by the Estrada Village Community Association. The shared driveway
easement shall contain a blanket public utility, irrigation, and drainage easement." The revised
preliminary plat and planned unit development should be provided prior to submittal of final
development plan and final plat applications.
• Plat note #5 of the preliminary plat and planned unit development states in part that the setbacks
are as specifically approved with the development agreement associated with the development
agreement or any subsequent modifications. If the subdivision is approved the setbacks will be
addressed within the site specific conditions of approval and not within the conditions of
development of the development agreement. The applicant should be required to provide a
revised preliminary plat and planned unit development with plat note #5 revised to state,
"Minimum building setbacks shall be in accordance with the city of Eagle applicable zoning
regulations or as specifically approved." The revised preliminary plat and planned unit
development should be provided prior to submittal of final development plan and final plat
applications.
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• Plat note #10 of the preliminary plat and planned unit development addresses the ownership and
maintenance of the pressurized irrigation system, however, it does not address the irrigation water
purveyor, the entitlement to irrigation water rights and/or shares, and that the lot owners will
remain subject to assessments from the applicable irrigation entities. The applicant should
provide a revised preliminary plat and planned unit development with plat note #10 revised to
state, "Irrigation water has been provided by New Dry Creek Ditch Company in compliance with
Idaho Code Section 31-3805(1)(b). Lots within the subdivision will be entitled to irrigation water
rights and/or shares and individual lots will remain subject to assessments from the applicable
irrigation entities,to be paid through fees assessed by the Benari Estates Community Association.
The pressurized irrigation system shall be owned and maintained by the Benari Estates
Community Association, or its assigns." The revised preliminary plat and planned unit
development should be provided prior to submittal of final development plan and final plat
applications.
• The preliminary plat landscape plan, date stamped by the City on June 30, 2021, shows the
following areas located within the ACHD right-of-way: 1)the area located at the northeast corner
of North Ballantyne Lane and West State Street, 2) the area located in proximity to the sidewalk
along West State Street, 3) the landscape islands located within West Forest Hill Drive in
proximity to the entrance with North Ballantyne Lane, and 4) the portion of the planter strips
located along the public streets. The applicant should be required to landscaped the following
areas located within ACHD right-or-way: 1) the area located at the northeast corner of North
Ballantyne Lane and West State Street, 2) the area located in proximity to the sidewalk along
West State Street, 3) the landscape islands located within West Forest Hill Drive in proximity to
the entrance with North Ballantyne Lane, and 4)the portion of the planter strips located along the
public streets. The landscape plan should be reviewed and approved by the Design Review Board
and City Council prior to submittal of final development plan and final plat applications. The
landscaping should be installed, or a surety should be submitted for installation of the
landscaping. The applicant should provide a recorded ACHD License Agreement associated with
the landscaping located within the ACHD right-of-way prior to the City Clerk signing the final
plat. The applicant should provide a revised preliminary plat and planned unit development with a
new plat note which states, "This subdivision is subject to the terms of ACHD License
Agreement Instrument No. ." The revised preliminary plat and planned
unit development should be provided prior to submittal of final development plan and final plat
applications.
• The plat does not contain a plat note regarding Idaho's Right to Farm Act. The applicant should
provide a revised preliminary plat and planned unit development with a new plat note which
states, "This development recognizes 22-4503 of the Idaho Code, Right to Farm Act, which
states: No agricultural operation, agricultural facility or expansion thereof shall be or become a
nuisance, private or public, by any changed conditions in or about the surrounding
nonagricultural activities after it has been in operation for more than one (1) year, when the
operation, facility or expansion was not a nuisance at the time it began or was constructed. The
provisions of this section shall not apply when a nuisance results from the improper or negligent
operation of an agricultural operation, agricultural facility or expansion thereof." The revised
preliminary plat and planned unit development should be provided prior to submittal of final
development plan and final plat applications.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 1, 2021, at which time public testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
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B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by twenty-two(22) individuals who indicated the following:
• The proposed density of four (4) dwelling units per acre is not compatible with the adjacent
subdivisions which vary in density from one (1) dwelling unit per five (5) acres to two (2)
dwelling units per acre. The development should be re-designed to not exceed two (2) dwelling
units per acre.
• The subdivision is not designed to provide a transition of lot sizing to be compatible with the
adjacent subdivision.
• Based on the proposed density, the development is not in conformance with the comprehensive
plan.
• The City of Eagle is losing its rural character due to the growth within the area.
• The traffic impact study provided to ACHD is not accurate due to the number of trips through
Pine Ranch Subdivision will exceed the number of trips projected. The applicant should be
required to provide a direct connection to West State Street.
• The traffic from the proposed subdivision will have a negative impact on Pine Ranch Subdivision
due to increased traffic traveling through Pine Ranch Subdivision to travel east on West State
Street.
• The connections to North Ballantyne Lane and West Deadwood Street do not provide adequate
connections for residents within the development to travel east on West State Street. The
applicant should be required to re-design the subdivision to provide an additional street
connection directly to West State Street.
• Based on the proposed density and style of homes, the valuation of existing homes within the
immediate area will be reduced.
• The aesthetics of the proposed subdivision will have a detrimental affect on the surrounding area.
• The proposed setbacks will not provide sufficient area between the new homes and the existing
homes located within the adjacent subdivisions. The proposed fencing design will not provide an
adequate buffer to the adjacent subdivision to the north due to the current agricultural uses
occurring on the properties. The applicant should be required to construct a buffer adjacent to the
north property line which will provide a buffer from the adjacent agricultural uses.
• There is an existing drainage ditch located along the north property line of the proposed
development that may affect the development of the property.
• The open space park area located at the corner of West Deadwood Street and North Payette Way
(within Pine Ranch Subdivision) will be negatively impacted due to traffic traveling from Benari
Estates Subdivision through Pine Ranch Subdivision.
• The patio doors of the homes located adjacent to the north property line will be near the horse-
riding arenas located on the properties to the north. Dust from the riding area may impact those
home located in close proximity to the north property line.
• The streets located within Pine Ranch Subdivision contain several blind spots; therefore, the
additional traffic from Benari Estates Subdivision will have a detrimental affect on the residents
of Pine Ranch Subdivision.
• The traffic impact study and ACHD report was not provided in a timely manner to the adjacent
neighbors to allow for an appeal process.
• The internal streets within the proposed development should have sidewalks located on both sides
of the street.
• Emergency vehicles will have trouble accessing the proposed subdivision due to the lack of
connectivity to major streets.
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COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• Most of the development within the surrounding area are two(2)dwelling units per acre or lower
density. The subdivision should be re-designed to have a density not to exceed two(2)dwelling units
per acre which will provide a more appropriate transition to the adjacent subdivisions.
• The subdivision should be re-designed with a street access to West State Street to relieve traffic
pressure on Pine Ranch Subdivision.
• The applicant should be required to provide some form of a buffer along the north property line.
COMMISSION DECISION REGARDING THE REZONE WITH A DEVELOPMENT
AGREEMENT:
The Commission voted 2 to 1 (McCauley against, Smith recused, Guerber absent) to recommend denial
of RZ-12-21 for a rezone from A (Agricultural)to R-4-DA-P (Residential with a development agreement
—PUD), as identified within their findings of fact and conclusions of law document, dated November 15,
2021.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Commission voted 2 to 1 (McCauley against, Smith recused, Guerber absent) to recommend denial
of CU-07-21/PPUD-07-21/PP-14-21 for Benari Estates Subdivision, as identified within their findings of
fact and conclusions of law document, dated November 15,2021.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on December 14, 2021, at
which time testimony was taken and the public hearing was closed. The Council made their decision
at that time.
B. Oral testimony in favor of the applications was presented to the City Council by eight(8) individuals
(not including the applicant/representative)who indicated the following:
• As designed,the development transitions well to the adjacent subdivisions.
• As proposed,the development has good green scaping design.
• The barn located within the property should be preserved.
• This proposed style of development is needed in the city of Eagle to provide a variety of housing
types.
• The development is designed to be pedestrian friendly.
• The city needs this style of development for 55-and-over citizens.
• The city needs smaller lots similar to what is being proposed.
• The development will have nice amenities and be low maintenance.
C. Oral testimony in opposition to the applications was presented to the City Council by twenty-four
(24) individuals who indicated the following:
• Due to the proposed density the proposed subdivision is not compatible with the area.
• As designed,the proposed development does not provide a transition to the larger lots located
north of the development.
• A concern with high density development and subsequent traffic issues.
• The center of the development is approximately seven(7)dwelling units/acre.
• The applicant is requesting too many waivers from Eagle City Code.
• The applicant should be required to provide a revised plan showing a reduction in density to no
more than two(2)dwelling units/acre.
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• The applicant should be required to provide an additional access to West State Street to reduce
the traffic traveling through Pine Ranch Subdivision(recorded as Van Engelen Estates
Subdivision).
• Ada County Highway District did not evaluate access to West State Street due to the applicant not
proposing access.
• The homes along the north property line will be located too close to the adjacent subdivision and
will be impacted by the agricultural uses occurring on the adjacent properties.
• The applicant should be required to provide a 30-foot-wide buffer with a berm along the north
property line with a 40-foot rear setback measured from the base of the berm.
• Traffic traveling to downtown will take Deadwood Court through Pine Ranch Subdivision.
• The traffic study which was reviewed and approved by ACHD does not make sense based on the
proposed density.
• The developer has not made an effort to address the concerns which were discussed during the
Planning and Zoning Commission's public hearing.
• A development which does not exceed two(2)dwelling units/acre will blend well with the area.
• Traffic from North Ballantyne Lane may cut through this development to travel east on West
State Street.
• The applicant should be required to provide a revised preliminary plat showing less density to
blend with the surrounding area.
• The applicant should be required to provide a revised preliminary plat showing the stub street
providing access to Bakers Acres Subdivision removed.
• The applicant should be required to work with ACHD to allow for an access to West State Street.
• The proposed subdivision will have a detrimental effect on the intersection of West State Street
and North Ballantyne Lane.
• The development will create additional traffic through Pine Ranch Subdivision. Due to the
location of the Pine Ranch Common Area in proximity to the intersection the additional traffic
will create a dangerous situation.
• There may be a possibility of vagrants residing within the old barn located within the proposed
development.
• The development is not consistent with the long-time vision for development within the area.
• Due to the amount of development occurring within the valley,the schools are struggling to keep
up with demand.
• The applicant should not be permitted to gate the private streets due to emergency access
concerns.
• The development should not have private streets.
• Based on the agricultural uses to the north the city will receive nuisance complaints from the new
residents.
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the City
Council by two(2) individuals who indicated the following:
• Although the applicant is proposing to preserve the existing barn,the barn should be demolished
due to safety issues.
• The driveways should be longer to allow for a truck to park in the driveway without encroaching
into the sidewalk.
• If the existing barn area is proposed to be fenced(due to safety)the area around the barn should
not be counted towards open space area.
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COUNCIL DECISION REGARDING THE REZONE WITH A DEVELOPMENT AGREEMENT:
The Council voted 4 to 0 to deny RZ-12-21 for a rezone from A (Agricultural) to R-4-DA-P (Residential
with a development agreement—PUD). A favorable decision may be provided if the proposed density of
the development was reduced to a maximum of two(2)dwelling units per acres.
COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Council voted 4 to 0 to deny CU-07-21/PPUD-07-21/PP-14-21 for Benari Estates Subdivision. A
favorable decision may be provided if the preliminary development plan and preliminary plat were
modified to not exceed a density of two (2) dwelling units per acre, a buffer area located between the
residential lots and the agricultural uses north of the proposed development, and an additional street
access was provided to West State Street.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed development agreement
(RZ-12-21) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council",
and based upon the information provided and testimony received concludes that the proposed rezone
is not in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The zoning designation of R-4-DA-P(Residential with a development agreement—PUD)
is not consistent with the goals of the comprehensive plan since there are policies within
the plan which provide a guide to protect farm-related uses and activities from land use
conflicts or from interference created by residential development. Also, the plan
identifies there should be design treatments required to provide residential lot
compatibility through transitioning lot sizing, increased setbacks, height limitations,
fencing, landscaping,or other methods;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicates that although adequate public facilities exist, or are expected
to be provided, that based on correspondence and testimony received during the public
hearing,an additional street access to West State Street should be required;
c. and f. The proposed R-4-DA-P (Residential with a development agreement—PUD) zone is not
compatible with the A-R(Agricultural Residential)zone and land use to the north and the
R-2-DA-P (Residential with a development agreement — PUD) and R-2 (Residential)
zones and land uses to the west and the east since the lot sizing identified on the
preliminary development plan and preliminary plat are not compatible with the adjacent
properties. Also, based upon the rear setbacks for dwellings along the northern property
line, the agricultural uses on the adjacent property to the north will have a detrimental
effect on the proposed residential uses within the subject site.
2. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-07-21/PPUD-07-21/PP-14-21) and based
upon the information provided concludes that the proposed development is not in accordance with the
City of Eagle Comprehensive Plan and established goals and objectives because:
d. 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;
Benari Estates Subdivision does not provide a transition of lot sizes to the adjacent properties
located north, east, and west of the development. The development will not be harmonious and
appropriate in appearance with the existing or intended character of the area since the preliminary
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development plan and preliminary plat do not show a transitioning of lot sizing to the adjacent
properties;therefore,the essential character of the area will be changed.
f. That the development will not be served adequately by essential public facilities such as
highways, streets,police and fire protection,drainage structures,refuse disposal,water and sewer,
and schools;
Although there are sufficient services (police, fire protection, and refuse disposal) to service the
site it was indicated through correspondence and testimony provided by the adjacent property
owners that due to the limited number of access points to the subdivision there would be a
negative impact from vehicular trips accessing the streets located within Pine Ranch Subdivision
to the east. Also,the development should be served by public streets.
k. That the proposed development will not be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan;
The proposed development is not designed to provide a transition of lot sizes or buffering from
the adjacent agricultural uses as described in the comprehensive plan.
m. 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;
Although the development provides a variety of lot sizing,the design of the development does not
provide an adequate transition of lot sizing to the adjacent subdivisions.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-14-
21)and based upon the information provided concludes that the proposed preliminary plat application
is not in accordance with the City of Eagle Title 9 (Subdivisions)because:
b. Will not be harmonious with and in accordance with the general objectives of Title 9 of the Eagle
City Code since the development is not consistent with the policies of the comprehensive plan,
due to the lack of providing a transition of lot sizes to the adjacent properties and due to the close
proximity of residential dwellings to the north property line it may create a land use conflict with
the agricultural activities occurring to the north;
c. Will not be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use will
change the essential character of the same area since the preliminary plat does not show a
transitioning of lot sizing to the adjacent properties to the north, east, and to the west.
DATED this 25th day of January, 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Ja n P rce,Mayor
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Tracy E. S o , agle City Clerk: F; cc y __
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