Findings - CC - 2022 - A-09-21/RZ-11-21 & PP-13-21 - Eventyr Subdivision Annexation, Rezone With A Da, And Preliminary Plat BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION,REZONE FROM )
RUT(RURAL-URBAN TRANSITION )
ADA COUNTY DESIGNATION) )
TO R-2-DA(RESIDENTIAL WITH A )
DEVELOPMENT AGREEMENT)AND )
PRELIMINARY PLAT FOR EVENTYR )
SUBDIVISION FOR RODNEY EVANS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-09-21/RZ-11-21 &PP-13-21
The above-entitled annexation, rezone with a development agreement, and preliminary plat applications
came before the Eagle City Council for their action on January 25, 2022, 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:
Rodney Evans is requesting an annexation, rezone from RUT (Rural-Urban Transition — Ada
County designation)to R-2-DA(Residential with a development agreement),and preliminary plat
approvals for Eventyr Subdivision, a 9-lot (7-buildable, 2-common) residential subdivision. The
8.11-acre site is located south of West Moon Valley Road, approximately 1,000-feet south of the
intersection of West Moon Valley Road and Highway 44.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held just north of the site in a common area public meeting place on
the Bald Eagle Point Subdivision property at 6:00 PM on Wednesday, April 21, 2021, in
compliance with the application submittal requirement of Eagle City Code.The application for this
item was received by the City of Eagle on May 28,2021.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications 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 within
five-hundred feet(500-feet) of the subject property 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 21, 2021. Requests for agencies' reviews were
transmitted on June 15, 2021, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on this applications for the Eagle City Council was published in
accordance with the requirements of Title 67,Chapter 65,Idaho Code and the Eagle City Code on
January 7, 2022. 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 January 7,2022.The
site was posted in accordance with the Eagle City Code on January 13, 2022.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE AND
DEVELOPMENT AGREEMENT:
See applicant's narrative, date stamped by the City on May 28,2021 (attached to the staff report).
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood Residential RUT(Rural-Urban Transition Undeveloped
with Residential —Ada County designation)
Transition and Regional
Open-space Overlay
Proposed No change R-2-DA(Residential with a Single family
development agreement) residential
subdivision
(Eventyr)
North of site Neighborhood Residential R-3-DA(Residential with a Single family
and Regional Open-space development agreement) residential
Overlay subdivision(Bald
Eagle Point
Subdivision)
South of site Estate Residential RUT(Rural-Urban Transition Single Family
—Ada County designation) Residential
Subdivision
(Moon Lake
Ranch)
East of site Floodway and Regional RUT(Rural-Urban Transition Boise River
Open-space Overlay —Ada County designation) Floodway
West of site Estate Residential RUT(Rural-Urban Transition Single Family
—Ada County designation) Residential
Subdivision
(Moon Lake
Ranch)
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA,CEDA,or DSDA
SITE DATA:
Total Acreage of Site—8.11 acres
Total Number of Lots— 9 lots
Residential—7
Commercial—0
Industrial—0
Common—2
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Total Number of Units—
Single-family— 7
Duplex—0
Multi-family— 0
Total Acreage of Any Out-Parcels—none
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1.14-units per acre 1.14-units per acre maximum
(as limited within the
development agreement)
•
Minimum Lot Size 30,927-square feet 17,000-square feet in R-2 zone
Minimum Lot Width 166 feet 75 feet
Minimum Street Frontage 38.8 feet 35 feet
•
Total Acreage of Common Area 1.58 acres(does not include 1.46 acres(minimum)
common lot for private road)
Percent of Site as Common Area 19.5% 18%(minimum)
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The entire eastern boundary of the development is located adjacent to the North Channel of the
Boise River. There is an existing 25-foot-wide Idaho Department of Lands public access easement
along the eastern property frontage adjacent to the river channel. Due to no-rise restrictions in the
floodway, no additional materials may be used to improve this area. On September 16, 2021, the
City of Eagle Parks, Pathways and Recreation Commission did not recommend requiring any
additional public easements or improvements within this development.
Open Space:
The preliminary plat,date stamped by the city on May 28,2021,identifies 1.58-acres of open space
(not inclusive of the planter strips) within the development. The open space consists of one (1)
common lot,which is to include a 615-foot-long private pathway extending from the private road
towards the river as described by the applicant in an email dated October 18, 2021 (attached).
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales,or drain piping,
will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be
reviewed and approved by the City Engineer and City Attorney,requiring that lots be graded so all
runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot
line onto another lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
The preliminary plat,date stamped by the city on September 17,2021,notes a 12-foot wide public
utilities, irrigation,and lot drainage easement will be located adjacent to all front and rear lot lines
and centered over interior lot lines. The preliminary plat also notes a 30-foot-wide Little Pioneer
Irrigation Easement from top of bank located along the development's northern boundary.
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Fire Hydrants and Water Mains:
The preliminary plat, date stamped by the City on May 28, 2021, shows two (2) fire hydrants
located within the development. Hydrants are to be located and installed as required by the Eagle
Fire District. The subdivision will be served by the City of Eagle Municipal Water System. The
proposed water system plans will be reviewed and approved by the City of Eagle Water Department
prior to construction.
On-site Septic System(yes or no)—No.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8(B)states that existing natural features which add value to residential
development and enhance the attractiveness of the community(such as trees,watercourses,historic
spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. The
applicant has provided an environmental assessment plan, date stamped by the city on May 28,
2021,that was prepared by Ecosystem Sciences. The plan evaluates present and future conditions
as they relate to the Boise River, plant and animal life, hydrology and the floodplain, and other
areas of critical concern. The environmental assessment plan did not identify major concerns that
may result from the project.The riparian area located adjacent to the Boise River will be preserved
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
K. STREET DESIGN:
Public Streets:None proposed
Private Streets:
The applicant proposes to take access from an existing easement within the Bald Eagle Point
Subdivision development,which will be developed and connect to a private road within the Eventyr
Subdivision. The right-of-way proposed is 27 ft. in width (see depiction on next page). The
proposed sidewalk meanders,attaching to back of curb in areas and away from the street to include
a landscape buffer in other areas.
The applicant is requesting a waiver of Eagle City Code Section 9-4-1-6(F)(3), which requires
detached sidewalks with a minimum 8-foot-wide landscape strip. However, per 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.
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7[1 I 11 11API
VERt1CAl CURB AND OUTER
PER AC10 BD•202
-NF.g10ERPRi SIDEWALK PER A010
s0 os
NOTES:
RE3ItT-OF WAY LINE LOCAtED 0.E OFF BALK OF CURS FOR NSTAUAFE*OF PROPERTY CORNER NONAFE.R
2 WO PARKING*SEWS SRALL SE RACES ON BOTH SIDES OF THE STREET PEA WC 50324
O PRIVATE RESIDENTIAL STREET SECTION
-LE 1 s^--61•1 l
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Blocks Less Than 500': One block of lots is proposed and is approximately 500 feet in width.
Cul-de-sac Design:
The private street is not a through street; however, it is designed as a hammerhead rather than a
cul-de-sac.Each side of the hammerhead is approximately 120— 150 feet in length.Per Eagle City
Code Section 9-3-2-1(G)(2), in zoning districts which prohibit densities greater than one dwelling
unit per two(2)acres,cul-de-sac streets up to a maximum of one thousand five hundred feet(1,500')
in length may be permitted by the City if approved by the fire department and the highway district
having jurisdiction.
Sidewalks:
The proposed sidewalk is only on one side of the street.Per Eagle City Code Section 9-4-1-6(F)(1),
sidewalks, a minimum of five feet (5') wide, shall be required on both sides of the street; except,
that where the average width of lots,as measured at the street frontage line or at the building setback
line, is over one hundred feet(100'), sidewalks on only one side of the street may be allowed.
Curbs and Gutters: Curbs and gutters which meet ACHD standards are proposed
Lighting:
The applicant has proposed three locations for street lights:along the Bald Eagle Point Subdivision,
the private road adjacent to Lot 1, and at the center of the hammerhead adjacent to Lot 3. "Dark
Sky" style lighting has been provided to the City Zoning Administrator and will be evaluated as
part of the Design Review application.
Street Names:
Street names will be required to be approved by the Ada County Street Naming Committee prior
to submittal of a final plat application.
L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: The proposed sidewalk meanders, attaching to back of curb in areas and
away from the street to include a landscape buffer in other areas. The open space is to include a
615-foot-long private pathway extending from the private road towards the river as described by
the applicant in an email dated October 18,2021(attached).
Bike Paths:
No bike paths are proposed.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.
M. PUBLIC USES PROPOSED:None.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will be adequately served by the City of Eagle Western Area Water System and the
Eagle Sewer District.The property will receive fire protection from the Eagle Fire Department and
police protection from the Eagle Police Department.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—Yes—located adjacent to the Boise River
Evidence of Erosion—No
Fish Habitat—Yes—Boise River
Floodplain—Yes—Boise River,most of the site is located within an AE Zone
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Mature Trees—Yes—located primarily within the common area Lot 9
Riparian Vegetation—Yes—located adjacent to the Boise River
Steep Slopes—No
Stream/Creek—Yes—Boise River
Unique Animal Life—unknown
Unique Plant Life—Yes—riparian area located adjacent to the Boise River
Unstable Soils—unknown
Wildlife Habitat—Yes—located adjacent to Boise River
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(attached to the staff
report):
The applicant has provided an environmental assessment plan,date stamped by the city on May
28,2021,that was prepared by Ecosystem Sciences. The plan evaluates present and future
conditions as they relate to the Boise River,plant and animal life,hydrology and the floodplain,
and other areas of critical concern. The environmental assessment plan did not identify major
concerns that may result from the project.
R. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Comments,which appear to be of special concern,are noted below:
City Engineer: All comments within the Engineer's letters dated October 11, 2021, are of special
concern.
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent's memo dated September 21,2021,are of special concern.
Ada County Development Services
Ada County Highway District
Ballantyne Ditch Company
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Marathon Pipe Line
Sawtooth Law Offices, PLLC (representing Middleton Mill Ditch Company and Middleton
Irrigation Association)
West Ada School District
S. LETTERS FROM THE PUBLIC:
1. Email correspondence received from Greg Free,date stamped January 18, 2022.
2. Correspondence from Ana Maria Cuneo,date stamped January 18,2022.
3. Correspondence from Robert Stuart Shoemaker and Julia Shoemaker, date stamped January
18, 2022.
4. Correspondence from Steven Reid,date stamped January 18, 2022.
5. Correspondence from Joseph and Pam Glaisyer,date stamped January 18, 2022.
6. Correspondence from Tore Beal Gwartney and John Michael Gwartney, received January 18,
2022.
7. Correspondence from Sawtooth Law Offices, PLLC on behalf of Moon Lake Ranch Owners
Association, date received January 18, 2022.
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T. FISCAL IMPACT ANALYSIS(attached to the staff report):
See Developer Data Table,received by the City on October 28,2021,along with analysis table.
THE EAGLE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF
ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 6—Land Use
6.3-Land Use Designations
The land use designations on the Comprehensive Plan Land Use Map, and as may be referred to
within the text of the Comprehensive Plan,are defined on the Land Use Designation Matrix,Table
6-1,and Zoning Compatibility Matrix, Table 6-2, and are as follows for this site:
6.3.4 Residential Two
Suitable primarily for single family residential development within areas that are rural in character.
An allowable density of up to 2 units per 1 acre.
6.3.8 Residential Transition
Residential development that provides for a transition of density within the planning area while
keeping in context the density, scaling and lot sizes of existing or proposed uses. Commonly
requires changes in lot dimensions and scaling, see specific planning area text for a complete
description.
6.3.19 Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency
Management Administration maps along the Boise River and Dry Creek(Generally shown on the
Land Use Map which is a part of this Plan). These areas are to remain open space because of the
nature of the floodway which can pose significant hazards during a flood event. Also,the floodway
areas shall not be considered as a part of the minimum area of open space required (as required
within the zoning ordinance)unless developed as noted within this paragraph.Floodway areas shall
be excluded from being used for calculating permitted residential densities. Any portion of the
floodway developed as a substantially improved wildlife habitat area open to the public,or useable
public open space, such as a pathways, ball fields, parks, or similar amenities as may be approved
by the City Council,may be credited toward the minimum open space required for a development.
6.8 River Planning Area
The River Plain Planning Area is designated for residential uses with highly integrated open space.
This area should contain river access,trails,open space,and parks in conjunction with transitional
residential densities. The overall density of the area is 1-2 units per acre. Through clustering and
transitioning, residential densities may be higher (up to 3 units per acre) at the Phyllis Canal
transitioning into clustered and large lot residential uses(1 unit per acre)in the areas adjacent to the
Boise River. A similar transition should occur on the north side of the Boise River with clustered
residential uses (smaller lots with a density of 1 unit per acre) in the areas adjacent to the Boise
River and densities of up to 2 units per acre located adjacent to State Highway 44 and Moon Valley
Road. The focus of development north of the Boise River should be to transition and ensure
compatibility with existing large lot residential uses. The following land use and development
policies are specific to the River Plain Planning Area.
Chapter 7—Natural Resource and Hazard Areas
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7.8-Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas within the Eagle
AOI. Future areas may be added to the Comprehensive Plan when deemed necessary.
Areas of flooding consist of two parts: (1)the floodway which is the most severe area of flooding
characterized by deep and fast moving water; and (2)the floodplain which is less severe than the
floodway and is characterized by shallower and slower moving waters at the time of flooding.
The Dry Creek floodplain has a potential for flash flooding while the Boise River would probably
flood due to seasonal weather conditions.
A natural state, such as a greenbelt, a wildlife habitat, an agricultural area, an open space area, a
recreational area and/or a nature area, may be encouraged in the 100-year floodplain of the Boise
River and Dry Creek.
Chapter 11-Special Areas and Sites
11.1 -Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical, archaeological,
architectural,ecological,or scenic significance. Special areas or sites should be analyzed according
to their defined function. Whenever possible, these sites should be preserved and conserved as
open spaces or for educational and cultural centers. Development of Special Areas or Sites should
take place in a manner that reflects harmony with their natural environment and recognizes qualities
which render them distinctly unique.
The Boise River Floodplain, the Head of Eagle Island, the Dry Creek Floodplain, and the North
Foothills each possess a recognized function as a wildlife habitat, floodway and scenic natural
resource reflective of Eagle's rural character.
These special areas will require comprehensive and specific planning to ensure that such
topographical, hydrological, ecological, architectural and scenic concerns have been thoroughly
addressed and incorporated into any engineering and development plans. The special review
process should include, but not be limited to the following:
❑ Area wide drainage including hillsides, foothills and gulches
❑ Water quality
❑ Sanitation
❑ Area-wide traffic plans
• Pathways and trail access
❑ Wetlands issues
Fish and wildlife habitat
❑ Existing trees and natural features
❑ River and creek greenbelt areas
• Potential for permanent open space and natural preserves including steep hillside terrain, rock
outcroppings and foothill gulches.
11.2-Recognized Special Areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological and scenic
significance. The area comprises the two channels of the Boise River,the island formed by the two
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channels and the land immediately adjacent to the channels as generally depicted on the
Comprehensive Plan Land Use Map.
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 Regulations for the
R-2 (Residential)zone:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Width I*
Sq. Ft.)G
And H*
R-2 35' 30' 30' 10' 20' 40% 17,000 75'
B. Additional 5 feet per story side setback is required for multi-story structures.Height not to
exceed maximum allowed within the zone.
G. All front load garages shall be set back a minimum of 25-feet from the back of sidewalk.
C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 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.
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B. Construction And Design Standards: Private streets shall conform to the following construction
and design requirements:
1. All private street construction shall be in accordance with Ada County highway district's
structural standards for streets including base course and asphaltic concrete mat thickness
utilizing the appropriate traffic index or as may be recommended by the city engineer and
approved by the city council, and shall further be in accordance with Ada County highway
district's intersection design and drainage requirements, or as may be recommended by the
city engineer and approved by the city council.
2. Except as may be otherwise set forth in this section, private streets shall meet such design
and dimensional requirements as the council may determine are appropriate considering the
proposed use and the site upon which the private streets are to be placed,however,all private
streets shall contain paved travel lanes a minimum of twelve feet (12') in width (except as
noted herein) and shall otherwise provide for the safe, convenient, and effective movement
of both vehicular and pedestrian traffic.Vertical curbing shall be provided for streets that are
less than thirty four feet(34')in total width.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
4. The design engineer shall identify on the construction drawings for the review and approval
by the city engineer, all traffic signs needed for the project, including, but not limited to,
designated parking and "no parking" areas, speed, stop, and such other signs as are required
for safe pedestrian and vehicle travel.
5. All private streets shall, during the progress of construction, be inspected and tested, at the
expense of the owner or developer, by a qualified inspector in order to ensure compliance
with the construction and design standards set forth in this section,the construction drawings
as prepared by the registered professional engineer, and good engineering and construction
practices. Reports of such inspections and tests shall be submitted, together with a
certification of such compliance,for the review and approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public right of
way, or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of this
chapter and subject to the approval of the Eagle fire district and city engineer and provided
further that proper maintenance of the island is provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle fire
district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city engineer,
and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared by a
licensed professional engineer in the state in substantial conformance with engineering 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:
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1. A plan and schedule for the future repair and maintenance of the private street and drainage
facilities for the period of the expected lifetime thereof and a cost estimate therefor prepared
by a licensed professional engineer in the state,together with a proposed method for funding
the same, including, but not limited to, the creation and maintenance of a reserve fund for
that purpose,shall be submitted with the final plat application for review and approval by the
city engineer and city council.
2. The location of the private street shall be clearly depicted on the face of the plat and notes
shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private street
the perpetual right of ingress and egress over the described private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street cannot be
modified and the homeowners'/property owners' association or other entity cannot be
dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be recorded at
the time of recording the plat which said covenant shall create a homeowners'/property
owners' association or substantially similar entity and make provision for the perpetual
maintenance of the private street in accordance with the approved plan as provided for in
subsection C 1 of this section. Said restrictive covenant shall also provide that the said
covenant shall run with the land and that the said covenant cannot be modified and that the
homeowners'/property owners' association or other entity cannot be dissolved without the
express consent of the city. The said restrictive covenant shall be reviewed and approved by
the city attorney prior to certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the entity
responsible for the maintenance of any private street approved in accordance with the
provisions of this section to undertake such repair and maintenance activities as it may
determine is necessary to protect the public health, safety, or welfare and make such
expenditures from the funds reserved therefor as may be required thereby; and the owner or
responsible entity shall, as a condition of approval of any such private street, be deemed to
have agreed to comply with any such order and to reimburse the city all of its costs,including
attorney fees, incurred in obtaining or enforcing any such order. Any order entered by the
council pursuant to this subsection may be enforced by a court of competent jurisdiction and
the city shall be entitled to recover its costs and attorney fees incurred in connection
therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all
applicable components of the comprehensive plan.
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 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner
lots shall be an open fencing style such as wrought iron or other similar decorative style,
durable fencing material. Specific buffer area fences and decorative walls may be allowed as
otherwise required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated
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areas. A section within the subdivision CC&Rs shall be created for the regulation of fences
to this effect.
D. FLOOD CONTROL CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code, Section 10-1-1: Findings of Fact and Purpose:
B. Purpose: It is the purpose of this title to promote the public health, safety and general
welfare, and to minimize public and private losses due to flood conditions in specific
areas by provisions designed:
1. To protect human life and health;
2. To minimize expenditure of public money for costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
5. To minimize damage to public facilities and utilities such as water and gas mains,
electric,telephone and sewer lines,streets and bridges located in areas of special flood
hazard;
6. To help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future flood blight areas;
7. To ensure that potential buyers are notified that property is in an area of special flood
hazard, warn that city review and approval is not going to prevent flooding and that
flooding may occur, and advise of information available to the city regarding flood
hazards, studies and available options;
8.To ensure that those who occupy the areas of special flood hazard assume responsibility
for their actions;
10. To restrict or prohibit uses which are injurious to health, safety or property in times of
flood,which result in environmental damage, or that cause increased flood heights or
velocities;
11. To minimize the impact of development adjacent to waterways on adjacent properties
upstream,downstream and across waterways;
12. To review development plans for property adjacent to waterways to minimize the
obstruction of the conveyance of floodwaters, review drainage/obstructions to flood
carrying capacity, and guide development adjacent to waterways toward the most
appropriate building envelope for its particular site;
13. To carry out the provisions of the comprehensive plan as well as health, safety and
welfare with regard to properties adjacent to waterways;
14. To review landscaping and access for flood carrying capacity and preservation or
enhancement of riparian vegetation;
15. To allow the river and creeks and their adjacent lands to convey floodwaters to
minimize property damage;
16. To regulate uses in the floodplain for the purpose of preserving, protecting, and
enhancing the abundance and diversity of fish,wildlife and riparian resources;and
17. To protect, preserve and enhance the waterways and floodplains as a recreation
resource.
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• Eagle City Code, Section 10-1-2: Methods of Accomplishing Purpose:
In order to accomplish its purpose,this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety and property due to
water or erosion hazards, or which result in damaging increases in erosion or in flood
heights or velocities;
• Eagle City Code, Section 10-1-5: Rules and Definitions:
AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain subject to one percent
(1%)or greater chance of flooding in any given year.Designation on maps always includes the
letters A or V.Areas of special flood hazard shall include all areas previously identified within
the areas of special flood hazard (ASFH)that have been excluded from the ASFH by a letter
of map revision(LOMR-F).
FLOODWAY: The channel of a river or other watercourse and adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot(1').
MEAN HIGH WATER MARK: A water level corresponding to the natural or ordinary high
water mark and is the line which the water impresses on the soil by covering it for sufficient
periods of time to deprive the soil of its terrestrial vegetation and destroy its value for
commonly accepted agricultural purposes. The current mean high water mark is at a flow of
six thousand five hundred(6,500)cubic feet per second(cfs)along the Boise River. Tributary
waters within the city of Eagle will reference specific data establishing the water level. The
mean high water mark is established by the U.S. army corps of engineers.
NO ADVERSE IMPACT: Floodplain management where the action of one property owner
does not adversely impact public property or other private property,as measured by increased
flood peaks, flood stage, flood velocity, and erosion and sedimentation. No adverse impact
floodplain management is a policy which provides a means to promote the use of
retention/detention or other techniques to mitigate increased runoff from urban areas.
RIPARIAN ZONE: That area along the banks of any waterway twenty five feet (25') in width
measured landward from the mean high water mark.
• Eagle City Code, Section 10-1-8-5: Subdivisions:
A. All subdivision proposals shall be consistent with the need to minimize flood damage;
B. All subdivision proposals shall have public utilities and facilities such as sewer,gas,
electrical and water systems located and constructed to minimize flood damage;
C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
damage; and
D. Base flood elevation data shall be provided for subdivision proposals and other proposed
development located within any area of special flood hazard. (Ord. 332, 2-23-1999; and.
Ord. 700A,3-11-2014)
E. All subdivision plats shall identify and designate the 100-year floodplain boundary and the
floodway boundary including a certification by a registered surveyor that the boundaries
were established consistent with the FIRM map for the city of Eagle.All subdivision plats
shall contain a note or notes that warn prospective buyers of property that sheet flooding
can and will occur and that floods of greater magnitude may inundate areas outside
identified floodway and floodplain boundary lines.
F. All subdivision plats shall contain note(s) that refer to the required twenty five foot (25')
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setback from all waterways,called the riparian zone,in which no improvement is permitted
and require that riparian vegetation shall be maintained in its natural state for the protection
and stabilization of the riverbank and that removal of trees or other vegetation is regulated.
• Eagle City Code, Section 10-1-8-6: Specific Standards:
In all cases of special flood hazard where base flood elevation data has been provided as set
forth in section 10-1-6 of this chapter,the provisions of this chapter shall be required:
D. Floodways: Located within areas of special flood hazard established in section 10-1-6 of
this chapter, are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of floodwaters which carry debris, potential projectile
and erosion potential, the following provisions apply: (Ord. 332, 2-23-1999, and Ord.
700A, 3-11-2014)
1. Encroachments, including fill, new construction, substantial improvements and other
development, are prohibited unless an approved floodplain development permit is
issued demonstrating that encroachments shall not result in any adverse impacts during
the occurrence of the base flood.
2. Encroachments, including fill, new construction, substantial improvements and other
development are prohibited unless certification by a registered professional hydraulic
engineer is provided demonstrating that encroachments shall not result in any increase
in flood levels during the occurrence of the base flood discharge; and uses within the
floodway shall be restricted to those which are required by public necessity (for
example,bridges;water pumps),recreational use(for example,paths),wildlife habitat
improvements(for example,vegetation;nesting structures;pool/riffle improvements),
and gravel extraction; provided that the use/encroachment meets the approval of the
federal emergency management agency and national flood insurance program and does
not jeopardize the city's participation in the national flood insurance program.
3. Subsection D 1 of this section shall comply with all applicable flood hazard reduction
provisions of this section 10-1-8.
5. All buildings shall be set back a minimum of one hundred feet(100')from the floodway
line. Except that when the area of special flood hazard boundary is one hundred feet
(100')or less from the floodway line,the boundary line shall be the setback line.
6. No development is permitted within the twenty five foot (25') setback from all
waterways called the riparian zone and riparian vegetation shall be maintained in its
natural state for the protection and stabilization of the riverbank,and removal of trees
or other vegetation is regulated in accordance with this chapter.
7. For all subdivisions along the Boise River, prior written approval from Flood Control
District 10 is required to protect access to the river for maintenance.
8.Compensating excavation in accordance with an engineered plan for orderly conveyance
of floodwater, or equivalent mitigating measures may be performed in the floodway
when certified by a registered professional engineer. Mitigation design shall include
provisions to prevent relocation or diversion of flow paths from causing increased
jeopardy to any off site property at any level of flooding from the 1-year flood up to
the base flood.Maintenance provisions for excavated areas prone to fill from sediment
and other debris shall follow the requirements of subsection 9-3-2-5C of this code for
private streets.
9. In the design of public and private parks and open space areas,fixed structures or
equipment that would impede floodwaters shall not be permitted within the
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floodway.
E. Riparian Areas: Located within areas of special flood hazard,established in section 10-1-
6 of this chapter, are areas designated as riparian areas. Since riparian areas provide
critical flood management and fish and wildlife habitat,the following provisions apply:
1. Preservation or restoration of the inherent natural characteristics of the river and creeks
within the floodplain;
2. Preservation of riparian vegetation and wildlife habitat, if any, along the stream bank
and within the required minimum twenty five foot(25') setback or riparian zone;
3. No development or other than development by the city of Eagle or required for
emergency access shall occur within the twenty five foot(25') riparian zone with the
exception of approved stream stabilization work. The Eagle city council may approve
access to property where no other primary access is available. Private pathways and
staircases shall not lead into or through the riparian zone unless deemed necessary by
the Eagle city council.
4. Plan and time frame shall be provided for restoration of riparian vegetation damaged
as a result of the work done;
5. New or replacement planting and vegetation shall include plantings that are low
growing and have dense root systems for the purpose of stabilizing stream banks and
repairing damage previously done to riparian vegetation. Examples of such plantings
include: red osier dogwood,common chokecherry,serviceberry,elderberry,river
birch, skunk bush sumac, beb's willow,drummond's willow, little wild rose,
gooseberry, and honeysuckle.
E. DISCUSSION:
• No development is permitted within the twenty-five foot (25') setback from all waterways called
the riparian zone and riparian vegetation shall be maintained in its natural state for the protection
and stabilization of the riverbank, and removal of trees or other vegetation is regulated in
accordance with Eagle City Code. Therefore,a revised preliminary plat showing the exact location
of the common area pathway shall also include the 25 ft. setback from the riparian area to verify
that the pathway will not encroach into that setback.
• In accordance with Eagle City Code Section 10-1-8-5,the plat date stamped by the City on
September 17,2021, identifies the boundaries of both the floodway and 100-year floodplain,as
well as the 100 foot floodway building setback line. However,prior to submittal of the final plat
application, a revised preliminary plat should be required to be resubmitted to the City including a
certification by a registered surveyor that the boundaries of the floodway and floodplain were
established and consistent with the FIRM map in effect at the time of approval of the plat for the
City of Eagle.
• The applicant proposes to take access from an existing assessment within the Bald Eagle Point
Subdivision development, which will be developed as and connect to a private road within the
Eventyr Subdivision. The right-of-way proposed is 27 feet in width. The proposed sidewalk
meanders,attaching to back of curb in areas and away from the street to include a landscape buffer
in other areas.Prior to signing of the Eventyr Subdivision final plat,the road within the Bald Eagle
Point Subdivisions shall be constructed and accepted by Ada County Highway District.
• The applicant is requesting a waiver of multiple sections of Eagle City Code Section 9-3-2-5,which
regulate private streets. Section A states that no more than 10% of the lots within a planned unit
development may take access from a private street. Section B.3 requires detached sidewalks with
a minimum eight-foot-wide landscape strip.However,per Eagle City Code Section 9-3-2-5(E),the
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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. Therefore, it is up to the Council's
discretion whether the proposed private street section is appropriate for this development.
• Setbacks to structures are measured from the property line. Per Eagle City Code, the R-2 zone
requires a minimum 30-foot setback from the front property line. However, because the applicant
is proposing to place the sidewalk within the residential parcels instead of the right-of-way, and
because the intent of the code is to allow 25 feet of depth for vehicular parking in front of the
residence, an additional setback to the garage wall will be required. The applicant is proposing a
meandering sidewalk,which encroaches into the individual parcels anywhere from 5 feet to 30 feet
in order to maintain a consistent front setback to the garage elevations across each parcel,the most
conservative number is being used. Therefore, a setback of 55 feet from the front property line to
the garage façade should be required. Setbacks from the front property line to the living area will
remain at 30 feet.
• The subject parcel is located within the River Plain Planning Area, which is designated for
residential uses with highly integrated open space. This area should contain river access, trails,
open space, and parks in conjunction with transitional residential densities. The overall density of
the area is 1-2 units per acre.
• To allow for the future installation of municipal fiber-optic cable,the applicant should be required
to install two (2) one inch and a quarter (1 ''A") fiber-optic conduit lines along both sides of all
public streets. Upon completion of the installation of the municipal fiber-optic conduit lines, the
applicant should provide GIS coordinates of the locations of the municipal fiber-optic conduit lines.
The municipal fiber-optic conduit lines shall be installed,GIS coordinates provided, and the fiber-
optic conduit lines should be dedicated to the City prior to the City Clerk signing the final plat.
• The applicant materials indicates that the subject property will receive pressure irrigation water
from the pressure irrigation system within the adjacent Bald Eagle Point Subdivision.The applicant
should provide a recorded agreement between the two adjacent subdivisions(Bald Eagle Point and
Eventyr)that states that Eventyr Subdivision is to receive pressure irrigation water from Bald Eagle
Point in perpetuity along with documentation that states that sufficient water shares are available
to serve both subdivisions, and that the water available from the adjacent Bald Eagle Point
subdivision will be provided at a proportionately equal share and schedule as to not make the
subject property subservient to the Bald Eagle subdivision. The required documentation should be
submitted prior to the City Clerk signing the final plat.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
November 1, 2021, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to the applications was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by
no one.
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning
and Zoning Commission by three(3)individuals.One individual voiced concern about traffic on Moon
Valley Road from ongoing development and the need for Ada County Highway District to construct
improvements. The other two(2)individuals discussed the need for irrigation water to be able to cross
the development and improvements are needed on the subject parcel or the one to the south.
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COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission made a motion based upon the information received
and the testimony provided.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Commission voted 4 to 0(Guerber absent)to recommend approval of A-09-21 and RZ-11-21 for an
annexation and rezone from RUT(Rural-Urban Transition—Ada County Designation)to R-2-DA
(Residential with a Development Agreement)with conditions to be placed in a development agreement as
provided within their findings of fact and conclusions of law document, dated November 15,2021.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 0(Guerber absent)to recommend approval of PP-13-21 for a preliminary plat
for Eventyr Subdivision with the site specific conditions of approval and standard conditions of approval
provided 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 January 25, 2022, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the application was presented to the City Council by no one.
C. Oral testimony in opposition to the application was presented to the City Council by no one.
D. Oral testimony neither in favor of nor opposed to the applications was presented to the City Council by
two(2)individuals.The first expressed support for site-specific condition 23.The second was to request
the Council consider requiring trees to screen the development from the adjacent neighborhood,require
fencing between the two subdivisions,and express concern regarding density and nesting blue herons.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH
DEVELOPMENT AGREEMENT:
The Council voted 4 to 0 to approve A-09-21 and RZ-11-21 for an annexation and rezone from RUT(Rural-
Urban Transition — Ada County Designation) to R-2-DA (Residential with a Development Agreement),
with the following Planning and Zoning Commission recommended conditions to be placed in a
development agreement:
3.1 The maximum density for the Property shall be 1.14 units per acres(7 single-family lots).
3.2 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further,Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews,and/or any
conditional use permits, if applicable,and any other applicable applications as may be required by
the Eagle City Code,which shall comply with the Eagle City Code,as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the
project.As the Concept Plan evolves,the City understands and agrees that certain changes in that
concept may occur. If the City determines that any such changes require additional public comment
due to potential impacts on surrounding property or the community,a public hearing shall be held
on any proposed changes in the Concept Plan,notice shall be provided as may be required by the
City.
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3.4 Owner shall provide a "Heavy Truck Traffic Plan" (Exhibit E) to be followed by any vehicle or
equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The
heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use
of smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-
contractors and for monitoring compliance.
3.5 The conditions,covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately owned
landscaping,pressurized irrigation facilities,private streets,fencing,and amenities.The owner
shall provide an operation and maintenance manual including the funding mechanism as an
addendum to the CC&Rs and the repair and maintenance requirement shall run with the land
and that the requirement cannot be modified ant that the homeowners association or other entity
cannot be dissolved without the express consent of the city.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be
prohibited.
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules,
regulations or ordinances,then the more restrictive government rule, regulation or ordinances
shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all
applicable government bodies. In the event a governmental rule,regulation, law or ordinance
would render a part of the CC&Rs unlawful,then in such event that portion shall be deemed to
be amended to comply with the applicable rule,regulation, law or ordinance.
3.6 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal
of a final plat application.Owner shall comply with all applicable Eagle Sewer District's regulations
and conditions prior to the submittal of a final plat application. Prior to issuance of any building
permits,Owner shall provide proof of central sewer service to the proposed residential use.
3.7 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all existing
trees located onsite. The report shall identify, at a minimum, species, size, and health of the trees.
The arborist report and map shall be provided with the submittal of a design review application.
Owner shall provide a narrative indicating which trees will be incorporated into the design of the
subdivision and which trees will be removed prior to removal of the trees.No trees shall be removed
from the site prior to city approval of a tree removal plan.
3.8 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage,2)planting details within the proposed and required landscape islands and all common areas
throughout the development,3)all proposed fencing throughout the development,and 4)street lights.
The design review application shall be reviewed and approved by the Eagle Design Review Board
prior to the submittal of a final plat application.
3.9 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s)shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
3.10 The applicant shall adhere to all requirements of Eagle City Code Title 10 Flood Control.
3.11 The required setbacks shall be as follows for Lots 1-6(Lot 7 shall conform to Eagle City Code):
Front 30-feet(living)
55-feet(garage)
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Rear 30-feet
Side 10-feet
Additional Setback for
Multi-story structures 5-feet per story
Street Side 20-feet
Maximum Coverage 40%
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP-13-21 for a preliminary plat for Eventyr Subdivision with the
following Planning and Zoning Commission recommended site specific conditions of approval and
standard conditions of approval with underlined text to be added by the Council and strikethrough text to
be removed by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-11-21.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project,prior to the City Clerk signing the final plat and/or upon receipt of an invoice
by the City,whichever occurs first.(ECC 9-2-3 [C] [3] [1])
4. Preliminary plat Note 8 shall be revised to identify the street as private,not public,prior to submittal
of the final plat application.
5. Preliminary plat Note 10 shall be revised to state: "The common lots are subject to a blanket public
utility,drainage, and irrigation easement. Driveways are prohibited across all common lots,"prior
to submittal of the final plat application.
6. Preliminary plat Note 11 shall be revised to remove "driveway" so that it is clear access is being
taken from a private street,the name of the street may also be identified, prior to submittal of the
final plat application.
7. The twenty-five foot (25') setback from the riparian area, measured from the mean-high-water-
mark, shall be identified on the preliminary plat with a new note,which states"no improvement is
permitted within the setback, riparian vegetation shall be maintained in its natural state for the
protection and stabilization of the riverbank, and that removal of trees or other vegetation is
regulated,"prior to submittal of the final plat application.
8. Provide a revised preliminary plat with a new note that reads"sheet flooding may occur and floods
of greater magnitude may inundate areas outside identified floodway and floodplain lines."
9. The preliminary plat shall be revised to include a certification by a registered surveyor that the
boundaries of the floodway and floodplain were established and consistent with the FIRM map in
effect at the time of approval of the plat for the City of Eagle, prior to submittal of the final plat
application.
10. The applicant shall provide a recorded agreement between the two adjacent subdivisions (Bald
Eagle Point and Eventyr)that states that Eventyr Subdivision is to receive pressure irrigation water
from Bald Eagle Point in perpetuity along with documentation that states that sufficient water
shares are available to serve both subdivisions,and that the water available from the adjacent Bald
Eagle Point subdivision will be provided at a proportionately equal share and schedule as to not
make the subject property subservient to the Bald Eagle subdivision. The required documentation
should be submitted in conjunction with the final plat application.
11. A new plat note shall be added to the preliminary plat referencing the irrigation agreement with
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Bald Eagle Point Subdivision and cross referencing the recorded document's instrument number
prior to submittal of the final plat application.
12. 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 final plat. Construction fencing shall be installed (pursuant to the Design Review
Board's direction)to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
13. 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. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with
the required placement of street trees. Prior to the City Clerk signing the final plat the applicant
shall either install the required trees, sod, and irrigation or provide the City with a letter of credit
for 150%of the cost of the installation of all landscape and irrigation improvements.Trees shall be
installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be
issued if weather does not permit landscaping.Partial reduction of the surety may be permitted for
any portion of the development that is completed, including street trees that have been installed.
On-going surety for street trees for all undeveloped portions of the development will be required
through project completion.
14. To allow for the future installation of municipal fiber-optic cable,the applicant shall be required to
install two(2)one inch and a quarter(1 '/")fiber-optic conduit lines along
streets with a hand hold every 400 ft. Upon completion of the installation of the municipal fiber-
optic conduit lines, the applicant shall provide GIS coordinates of the locations of the municipal
fiber-optic conduit lines.The municipal fiber-optic conduit lines shall be installed,GIS coordinates
provided, and the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk
signing the final plat.
15. The applicant shall provide a GIS shape file of the subdivision (file type(s) as approved by the
Zoning Administrator)prior to the City Clerk signing the final plat.
16. 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).
17. The Eventyr Subdivision shall remain under the control of one Homeowners Association.(ECC 9-
3-8[D][4])
18. The applicant shall place a note on the final plat that the pressurized irrigation system and all
common lots are to be owned and maintained by the Homeowner's Association.
19. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][1])
20. The applicant shall submit a revised preliminary plat showing the extension of the 5 foot private
gravel pathway within common area Lot 9,extending from the eastern edge of the private road 615
feet into the common area prior to submittal of the final plat application.
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21. The applicant shall receive approval for a floodplain development permit prior to any site
disturbance.
22. The public street within Bald Eagle Point Subdivision shall be constructed and accepted by the
Ada County Highway District(ACHD)prior to signing of the Eventyr Subdivision final plat by
the City Clerk.
23. Provide a revised preliminary plat showing the location of all irrigation facilities(including,but
not limited to,drainage ditches, irrigation ditches and/or canals). The revised preliminary plat
shall show the irrigation facilities located within easements sufficient in size to allow for the
operation and maintenance of the irrigation facility. The revised preliminary plat shall be
provided prior to submittal of a final plat application.
24. All wrought iron fencing shall meet wildlife friendly specifications; fencing shall not have
protruding objects, spikes,or rails that could impale wildlife and shall be limited to a distance of
4 inches or less between vertical bars.Fencing shall be reviewed and approved by the Design
Review Board and City Council prior to submittal of the finalplat application.
25. The applicant shall develop and submit an invasive species control and management plan,with
site specific seed mix.The plan shall be reviewed and approved by the Design Review Board and
City Council prior to submittal of the final plat application.
26. The applicant shall work with the City to establish a Conservation and Education Program(CEP)
Funding Plan associated with the Eventyr Subdivision Covenants, Conditions and Restrictions
prior to the City Clerk signing the first final plat.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include,but not be limited to,extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service,prior to the City Engineer signing the final plat.
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
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transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C),which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s)shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk,prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney,prior to the City Engineer signing the final plat,requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction,rerouting,covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including,but not limited to, landscaping,fencing, lighting,and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain,used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district,canal company,ditch association,drainage district,drainage entity
or other irrigation entity associated with such ditch,pipe or other structure,drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity,drainage district,or
drainage entity prior to the City Clerk signing the final plat.
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.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the street
lights shall be the responsibility of the applicant, subdivider,business owner,homeowner,
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.
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14. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service,and
as may be required by the Eagle City Code,prior to the City Engineer signing the final plat.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the fmal plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction,and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the fmal plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,providing
for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities,the covenants and restrictions,homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping,common area and subdivision signage prior to the City Engineer signing the
final plat.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the staff
and the City Engineer and shall be shown on the final plat prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to the City Engineer signing the final plat.
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23. The development shall comply with the Boise River Plan(if applicable)in effect at the time of City
Council consideration of the fmal plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain(if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan,and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board,agency,commission,official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements required by the Eagle City Code
Title 9"Land Subdivisions"until the final plat has received the approval of the City Council(ECC
9-6-5 (A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements(see resolution 98-3)prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code,failure to obtain a recorded final plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a
time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer,Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights,claims in any way associated with this application.
33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that"Digline"has performed an inspection of the site
shall be submitted prior to the issuance of any building permits for the site.
34. Place a note on the 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.
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35. The applicant shall install at the entrance to the subdivision a 4'x 4' plywood or other hard surface
sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above
the ground)noticing the contractors to clean up daily,no loud music,and no dogs off leash.
36. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment
over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy
truck traffic routes shall maximize use of highways and major arterials while minimizing use of
smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-
contractors and for monitoring compliance.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-09-216/RZ-11-21)with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed rezone upon
annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of R-2-DA(Residential-up to 1.14 units per acre as limited
within the Development Agreement) is consistent with the Neighborhood Residential
designation with residential transition and regional open-space overlays as shown on the
Comprehensive Plan Future Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicates that adequate public facilities exist,or are expected to be provided,
to serve all uses allowed on this property under the proposed zone;
c. The proposed R-2-DA zoning district is compatible with the R-3-DA(Residential-three-units-
per-acre with Development Agreement)zone and land use to the north since that area has been
developed with lots of similar size;
d. The proposed R-2-DA zoning district is compatible with the RUT (Rural-Urban Transition)
zone and land use to the south since that area has been developed with lots of similar size;
e. The proposed R-2-DA zoning district is compatible with the RUT (Rural-Urban Transition—
Ada County Designation)to the east;
f. The proposed R-2-DA zoning district is compatible with the RUT (Rural-Urban Transition)
zone and land use to the west since that area has been developed with lots of similar size;
g. The land proposed for rezone is located within the River Plain Planning Area as described
within the Comprehensive Plan. The proposed R-2-DA zoning district is compatible with this
special designation,which is designated for residential uses with highly integrated open space
and densities of 1-2 units per acre.
h. The proposed use, as conditioned within the development agreement,will not create any non-
conforming uses.
2. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-13-
21)and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9(Subdivisions)because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document and the proposed residential use is in
accordance with the residential land use designation of this area shown within the
Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets,police
and fire protection, schools, drainage structures,refuse disposal, water and sewer; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services, as noted in the documentation provided from said
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agencies and as required as a part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle Fire
District,Eagle Sewer District,and the City of Eagle for the City's Western Area Water System
as conditioned herein, there is adequate public financial capability to support the proposed
development;
e. That any health, safety and environmental problems that were brought to the Council's
attention have been adequately addressed by the applicant or will be conditions of approval as
set forth within the conditions of approval herein.
DATED this 8th day of February 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
ason P -rce,Mayor
ATTEST:
•'• FEAG4
Tracy Os Eagle City Clerk 'f• Q O R A T'
pA. •
• • .��(T)RPOR �.
T-IT'E O'
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