Findings - CC - 2022 - A-05-21/RZ-06-21/PP-08-21 - Skyview 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 DESIGNATIONS] )
TO R-9-DA [RESIDENTIAL WITH A )
DEVELOPMENT AGREEMENT (IN LIEU )
OF A PUD)] AND MU-DA [MIXED USE WITH )
A DEVELOPMENT AGREEMENT(IN LIEU )
OF A PUD)] AND PRELIMINARY PLAT )
FOR SKYVIEW SUBDIVISION FOR LENNAR )
HOMES OF IDAHO )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-05-21/RZ-06-21/PP-08-21
The above-entitled annexation, rezone with a development agreement(in lieu of a PUD), 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:
Lennar Homes of Idaho, represented by Dave Yorgason, is requesting an annexation, rezone from
RUT (Rural-Urban Transition — Ada County designation) to R-9-DA (Residential with a
development agreement [in lieu of a PUD]) and MU-DA (Mixed Use with a development
agreement [in lieu of a PUD]), and preliminary plat approvals for Skyview Subdivision, a 146-lot
(125-single family, 1-commercial, 15-common, and 5-private street) subdivision. The 18.94-acre
site is located at the northwest corner of State Highway 44 and North Park Lane at 101 North
Park Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Eagle High School cafeteria/social center at 6:00 PM,
on Thursday, April 1, 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 April 28, 2021.
Revised preliminary plats were received by the City on June 1 and June 7, 2021.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on May 12, 2021, in accordance with the
requirements of the Eagle City Code. 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 29, 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 29, 2021. The site was posted in accordance
with the Eagle City Code on November 4, 2021.
Page 1 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf doc
Notice of Public Hearing on the 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 6, 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 14,2022.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 16, 2015, the Director of Ada County Development Services approved a One Time
Division (OTD) for D. Keith and Ona L. Ricks Revocable Trust represented by Kristi Watkins
with J-U-B Engineers,Inc. (Project No.201500866 OTD)
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF THE REZONE:
See justification letter, date stamped by the City on April 28, 2021, provided by the applicant's
representative(attached to the staff report).
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See justification letter, date stamped by the City on April 28, 2021, provided by the applicant's
representative(attached to the staff report).
H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use RUT(Rural-Urban Transition— Vacant
Ada County designation)
Proposed No Change R-9-DA(Residential with a Mixed Use Subdivision
development agreement [in lieu consisting of single-family
of a PUD])and MU-DA attached dwellings and a
(Mixed Use with Development commercial lot
Agreement [in Lieu of a PUD])
North of site Mixed Use MU-DA(Mixed Use with Single-Family Residential
Development Agreement [in (Springhouse Subdivision)
Lieu of a PUD])
South of site Mixed Use Rl (Residential—Ada County Vacant Parcel(Proposed
designation) Route 44 Crossing
Subdivision),Convenience
store with fuel service,
State Highway 44
East of site Mixed Use MU-DA(Mixed Use with Single-Family Residential
Development Agreement [in Subdivision(Bellemeade
Lieu of a PUD]) Subdivision),Residential
Subdivision(Warrior Park
Subdivision), Convenience
store with fuel service
West of site Neighborhood R-2-DA(Residential with Single-Family Residential
Residential Development Agreement) Subdivision(Sedona Creek
Subdivision)
Page 2 of 37
K:\Planning Dept\Eagle Applications\SUBS\202I\Skyview Sub\Skyview Sub ccfdoc
DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
J. SITE DATA:
Total Acreage of Site— 18.94-acres
Total Number of Lots— 146
Residential— 125
Commercial— 1
Industrial—0
Common—20(inclusive of 5-private alleys)
Total Number of Units— 125
Single-family attached— 125
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—none
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 8.14-units per acre 8.14-units per acre maximum
(as limited within the
development agreement)
Minimum Lot Size 1,694-square feet 1,600-square feet
Minimum Lot Width 22-feet 20-feet
Minimum Lot Frontage 22-feet 20-feet
Total Acreage of Common Area 6.37-acres* 3.07-acres(minimum)
Percent of Site as Common Area 41.5% 20%(minimum)
*Not inclusive of planter strips
K. GENERAL SITE DESIGN FEATURES:
Pathway Areas and Landscape Screening:
The applicant is proposing two(2) landscape buffer areas to be located within Lot 1, Block 1, and
Lot 2, Block 3. The buffer area located within Lot 1, Block 1, will consist of a landscaped area
with additional tree plantings to provide a buffer between the proposed subdivision and the
Springhouse Subdivision located to the north. The buffer area located within Lot 2, Block 3, will
consist of a six-foot berm with a four-foot fence and landscaping to provide a buffer from State
Highway 44. The applicant will be required to provide pathways as identified within the Parks,
Pathways, and Recreation Commission Pathway Recommendations, dated October 22, 2021
(attached hereto).
Open Space:
The open space consists of two (2) large common lots and 12 smaller common lots. The two (2)
large common lots will contain the required buffer area located along State Highway 44,
pressurized irrigation pond, pumphouse, sidewalks, pathways, a swimming pool, pool house, and
tot lot. Several of the smaller common lots will contain pathways providing interconnectivity
throughout the development.
Page 3 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf doc
Commercial Area:
The preliminary plat, date stamped by the City on June 7, 2021, shows the commercial area is
located within one (1) lot (Lot 64, Block 3) approximately 2.96-acres in size. The applicant's
narrative, date stamped by the City on April 28, 2021, indicates the commercial buildings square
footage will total 23,000-square feet and may contain a medical/dental office, shopping flex
space, drive-in bank,and a fast-food drive through restaurant.
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:
The preliminary plat,date stamped by the City on June 7, 2021,notes the following:
All front lot lines, and all lot lines adjacent to a right-of-way boundary, have a 23-foot public
utility, drainage, irrigation, easement (measured from the right-of-way boundary). The plat note
does not note the width of the rear lot line easement and the side lot line easement is 0-feet.
Fire Hydrants and Water Mains:
The preliminary plat shows eight (8) fire hydrants located within the subdivision. The hydrants
should be installed and approved as required by the Eagle Fire Department. The proposed
development is located within the Suez Water Company water service area.
On-site Septic System—Yes
The existing home is currently served with a septic system. The applicant will be required to
demolish the existing home and abandon the septic system.
Pressurized Irrigation:
The applicant provided a revised Irrigation Pond Storage report, date stamped by the City on June
1, 2021, which shows the pressurized irrigation system has sufficient water shares in
conformance with the Eagle Pressurized Irrigation Standards.
Preservation of Existing Natural Features:
The site contains existing mature trees along the Middleton Mill Canal and adjacent to the
existing house. Eagle City Code Sections 8-7-3-3 and 9-3-8 (B) states that existing natural
features which add value to residential development and enhance the attractiveness of the
community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be
preserved in the design of the subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
Page 4 of 37
K.\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf.doc
L. STREET DESIGN:
Public Streets:
The proposed public street is to be constructed as shown on the ACHD Roadway Typical Section
contained within the preliminary plat,date stamped by the City on June 7, 2021.
The proposed private alleys (providing access to the single-family attached dwelling units) are to
be constructed as shown on the two (2) Alley Sections contained within the preliminary plat, date
stamped by the City on June 7,2021.
Blocks Less Than 500': None
Cul-de-sac Design:None
Sidewalks:
A detached 5-foot-wide concrete sidewalk is proposed abutting the planter strips on both sides of
the interior public roadways. The detached sidewalks are proposed to be located within the
buildable lots outside of the right-of-way area with the exception of the sidewalks located within
the common lots.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the fmal plat.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a fmal plat application.
M. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat,date stamped by the City on June 7, 2021, shows five-foot(5')wide internal
pathways located within several common lots which provide interconnectivity throughout the
development.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified by the
City Council.
N. PUBLIC USES PROPOSED:None proposed.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will receive potable water from Suez of Idaho. The property will receive central
sewer service from the Eagle Sewer District. The property will receive fire protection from the
Eagle Fire Department and police protection from the Eagle Police Department.
Page 5 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf.doc
Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—Yes—adjacent to Middleton Mill Canal
Evidence of Erosion—No
Fish Habit—No
Floodplain—No
Mature Trees—Yes —Adjacent to the Middleton Mill Canal and around the existing dwelling in
proximity to North Park Lane
Riparian Vegetation—Yes—along the Middleton Mill Canal
Steep Slopes—No
Stream/Creek—Yes—Middleton Mill Canal
Unique Animal Life—Unknown
Unique Plant Life—Yes—Riparian area along the Middleton Mill Canal
Unstable Soils—No
Wildlife Habitat—Yes—Within the existing trees located within the site
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Preliminary Wetland Evaluation — Skyview Subdivision, date stamped by the City on April 28,
2021 (attached to the staff report).
Geotechnical Evaluation For "Rick's Property" — A 15.5 + Acre Multi-Family Townhome
Residential Development Located To The North Of Highway 44 And West Of North Park Lane,
Eagle, Idaho, date stamped by the City on April 28,2021 (attached to the staff report).
S. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Comments,which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated June 8, 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 22, 2021, are of special concern (attached to the staff
report).
Ada County Development Services
Ada County Highway District
Central District Health
Communities in Motion 2040(COMPASS)
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Sawtooth Law Offices, PLLC (on behalf of Middleton Mill Ditch Company and Middleton
Irrigation Association)
Sawtooth Law Offices,PLLC(regarding proposed bridge crossing over Middleton Mill Canal)
West Ada School District
T. FISCAL IMPACT ANALYSIS:
See Developer Data Table, date stamped by the City on November 9, 2021, along with analysis
table(attached to the staff report).
U. LETTERS FROM THE PUBLIC(attached to the staff report):
Correspondence (with attachments) received from Corey Sprott, date stamped by the City on
November 8,2021.
Page 6 of 37
K:\Planning Dept\Eagle Applications\SUBS\202 l\Skyview Sub\Skyview Sub ccf.doc
Correspondence received from Randy Sherwood,date stamped by the City on November 8,2021.
Correspondence received from Ryan and Jordan Binder, date stamped by the City on November
8,2021.
Correspondence(with attachments)received from William J. Ziebell,date stamped by the City on
November 8, 2021.
THE 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:
6.3 Land Use Designations:
The Comprehensive Land Use Map(adopted November 15,2017),designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential.
Residential densities within the designation is up to 20 units per acre but density will be
determined on a site by site basis. Uses should complement and not take away from
downtown Eagle. Development within this land use designation should be required to
proceed through the PUD and/or development agreement process. See the planning area text
for a complete description of site-specific uses.
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 General Land Use Goals
D. Preserve the function of regionally significant roadways transecting the City while
ensuring compatibility with land uses and design standards of the City.
6.4.2 General Land Use Objectives
A. Encourage the conservation and preservation of open spaces (sensitive habitat for plant,
wildlife, and species and unique areas)based on diverse values within the City of Eagle.
6.4.3 General Land Use Implementation Strategies
A. Conserve the natural features and resources that make Eagle unique.
F. Locate higher-density residential development closest to Downtown Eagle and activity
centers/nodes as shown on the Comprehensive Plan Land Use Map.
K. Protect gravity flow irrigation systems including canals, laterals, and ditches to assure
continued delivery of irrigation water to all land serviced by such systems. Protect these
systems as a long-range economical method for water delivery and drainage.
Page 7 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub cc£doc
6.5 Park Lane Planning Area
6.5.1 Park Lane Uses
C. All properties within the Park Lane Planning Area abutting State Street should designed
to promote trip capture by including a mix of residential uses, commercial uses (limited
to lease spaces no larger than 30,000 square feet)and office uses. The properties abutting
State Street should be reviewed and conditioned by the City through the use of a
development agreement at the time of rezone.
F. The area located on the northwest corner of State Highway 44 and Park Lane is
designated Mixed Use for the southern 17-acres, transitioning to neighborhood
residential, up to 3 units per acre, for the northern portion of the property. The transition
area between the mixed use and the residential area shall be reviewed and conditioned by
the City through the use of a development agreement at the time of rezone.
6.5.3 Park Lane Access/Connectivity
A. Access to and through the area should be limited to existing roadways (Old Valley Road,
Fisher Parkway, Park Lane, and Linder Road); direct access from State Street/Highway
44 should not be permitted.
B. The compact residential area located on the northeast corner of State Highway 44 and
Linder Road shall be designed with internal circulation and connectivity to the residential
areas to the north and extend Escalante Drive west to the intersection of State Highway
44 and Moon Valley Road.
C. Cross-access agreements and shared service roads should be encouraged throughout the
area and should be a requirement for all non-residential development.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
ALLEY: A right of way or common lot inclusive of an easement which provides vehicular
access to the back rear or side of a property and is primarily intended to provide access for
alley load garages.
DWELLING, SINGLE-FAMILY ATTACHED: A dwelling consisting of two (2) or more
dwelling units attached to one another by common walls with each dwelling unit being on a
separate lot,commonly referred to as townhouses and/or townhomes.
LOT FRONTAGE: The front of a lot shall be construed to be the portion adjacent to the
street, except for alley load homes designed to face each other with common area pedestrian
access between fronts. In that case the front of the lot shall be the property line opposite of
the alley and adjacent to the common area pedestrian access. For the purpose of determining
frontage requirements on corner lots and through lots, all sides of a lot adjacent to streets
shall be considered frontage and yards shall be provided as indicated under "Yards" in this
section.
RESTAURANT WITH DRIVE-THROUGH: A restaurant, typically with indoor seating,
which includes drive-up window service for ordering food to go.
• 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.
Page 8 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccfdoc
Multi-family and two-family units/developments are prohibited in R-1,R-2,R-3, R-4 and R-5
zoning districts, unless approved as part of a planned unit development (PUD). Centralized
water and sewer facilities are required for all subdivision and lot split applications submitted
after the effective date hereof in all districts exceeding one dwelling unit per two (2)acres(R-
E). Whenever there is a conflict or difference between the provisions of this section and those
of other chapters and/or other titles, the chapter or title with the more restrictive provision
shall prevail. When a property is being proposed for rezone to the R zoning district, a
development agreement may be utilized in lieu of the PUD and/or conditional use process if
approved by the city council, provided the development agreement includes conditions of
development that are required during the PUD and conditional use process.
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited
office, limited commercial, and residential. This district is intended to ensure compatibility of
new development with existing and future development. It is also intended to ensure
assemblage of properties in a unified plan with coordinated and harmonious development
which shall promote outstanding design without unsightly and unsafe strip commercial
development. Uses should complement the uses allowed within the CBD zoning district. All
development requiring a conditional use permit in the MU zoning district,as shown in section
8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in
accordance with chapter 6 or 10 of this title unless the proposed development does not meet
the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative
development, in conjunction with adjacent parcels (to meet the minimum area requirements),
shall be encouraged. Otherwise, a conditional use permit shall be required unless the
proposed use is shown as a permitted use in the MU zoning district within section 8-2-3 of
this chapter. Residential densities shall not exceed twenty (20) dwelling units per gross acre.
When a property is being proposed for rezone to the MU zoning district, a development
agreement may be utilized in lieu of the PUD and/or conditional use process if approved by
the city council, provided the development agreement includes conditions of development
that are required during the PUD and conditional use process.
• Eagle City Code, Section 8-2-3 Schedule of District Use Regulations:
Restaurant(with drive-through)is a prohibited use in the MU(Mixed Use)zoning district
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Dimensions:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Width I*
Sq. Ft.)G
And H*
R-6 to R- 35' 20' 15' 5' 20' N/A 1,600 20'
10 single- 10' is 5' if 0'for
family alley alley common
attached load load wall
Idwellings
MU 35' 20' 20' 7.5' ; 20' 50% 5,000 50'
I. Minimum lot frontage: The minimum lot frontage for all residential zoning districts shall be
the minimum lot width specified within the zoning district or 35-feet,whichever is less.
Page 9 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf doc
• Eagle City Code Section 8-2A-5: Design Review Overlay Districts;Eagle Architecture And
Site Design Book(EASD):
E. Eagle Architecture And Site Design Book-EASD: The purpose of the EASD Book is to
show, through the use of pictures and text, specific period architectural styles, themes,
and elements envisioned through the requirements of this article. The EASD Book,
established through a resolution of the City Council and as may be amended through
future resolution(s), contains all exhibits referenced in this article and is incorporated
herein by reference. However, Exhibit A-1 may only be modified through an ordinance
amendment. The architecture styles found in the EASD Book are permitted styles.
Architectural styles not shown within the EASD Book will not be considered. A copy of
the EASD Book is available at Eagle City Hall.
• Eagle City Code Section 8-2A-6: Design Requirements, Objectives, and Considerations:
B. Architectural Requirements, Building Materials, Fence And Deck/Patio Materials, Colors,
And Architectural Appurtenance Height Limitation: Unless specified as prohibited
herein, materials listed in this section are allowed. If a material proposed for construction
is not listed in this section it shall be upon the discretion of the zoning administrator, the
design review board, and the city council, whichever the case may be, to determine the
appropriateness of such material.
3. Fences:
a. Block(with columns),which may include brick, rock, stone or similar veneer;
b. Brick(with columns);
c. Wrought iron;
d. Decorative wood and vinyl fencing may be permitted if the city determines that
the style of fence proposed is complementary to the building architecture and
overall site design;
e. Dog ear cedar, fir, chain link, barbwire, razor wire, and similar high maintenance
and/or unsightly fencing is prohibited. However, powder coated chain link
fencing may be permitted for use on school sites.
• Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements:
J. Buffer Areas/Common Lots:
4. Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified
as collectors, arterials, freeways, or expressways, to protect residential communities
from noisy, potentially dangerous, high-speed roads. The "buffer area" shall be
defined as a common lot located between the residential lots within the subdivision
and the right of way line of the adjacent roadway. This buffer is required as part of
the common area open space owned and maintained by a homeowners' association.
Any landscaping proposed to be within the public right of way shall not be included
as a part of the buffer area required below. The height for berming/fencing, as noted
below, shall be measured from the elevation of the final grade of the adjacent
roadway(measured at the centerline)to the top of the proposed berming/fencing. The
required buffer area width, plantings, and fencing are as follows:
c. Any road designated as a principal arterial on the master street map typologies
map in the Eagle comprehensive plan:
Page 10 of 37
K:\Planning Dept\Eagle Applications\SUBS\202I\Skyview Sub\Skyview Sub ccfdoc
A minimum of seventy-five feet (75') wide buffer area (not including right of
way) shall be provided with the following plants per one hundred (100) linear
feet of right of way: six (6) shade trees, ten (10) evergreen trees, four (4)
flowering/ornamental trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that
not more than fifty percent(50%)of the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm,
decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall, or combination thereof shall be provided within the buffer area.
The maximum slope for any berm shall be three feet (3') horizontal distance to
one foot (1') vertical distance. If a decorative block wall, cultured stone,
decorative rock, or similarly designed concrete wall is to be provided, in
combination with the berm, a four foot (4') wide flat area shall be provided for
the placement of the decorative wall. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code Section 8-3-3: Supplemental Yard and Height Regulations:
In addition to all yard regulations in Section 8-2-4 of this title, and in other sections of this
title,the following provisions should be adhered to:
D. Side And Rear Yards For Nonresidential Uses Abutting Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet
(40') to any lot line of a Residential District; except that the minimum yard requirements
may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or
screening approved by the Council is provided. Such screening shall be a masonry or
solid fence between four feet (4') and eight feet (8') in height, maintained in good
condition and free of all advertising or other signs. Landscaping provided in lieu of such
wall or fence shall consist of a strip of land not less than twenty feet (20') in width
planted with an evergreen hedge or dense planting of evergreen shrubs not less than four
feet(4') in height at the time of planting.
• Eagle City Code Section 8-6-4: Uses Permitted:
All uses that may be allowed within the land use district are permitted within a PUD. Also,up
to ten percent(10%)of the gross land area may be directed to other commercial, office,
public and quasi-public uses that are not allowed within the land use district; provided,that
there is a favorable fmding by the council:
A. That the uses are appropriate with the residential uses;
B. That the uses are intended to serve principally the residents of the PUD;
C. That the uses are planned as an integral part of the PUD;
D. That the uses be located and so designed as to provide direct access to a collector or an
arterial street without creating congestion or traffic hazards; and
E. That a minimum of fifty percent(50%)of the residential development occurs prior to the
development of the related commercial or office land uses.
• Eagle City Code Section 8-7-3-3 Public Sites and Open Spaces:
B. Natural Features: Existing natural features which add value to residential development
and enhance the attractiveness of the community (such as trees, watercourses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the
development.
Page 11 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf.doc
• Eagle City Code Section 8-6-4: Uses Permitted:
All uses that may be allowed within the land use district are permitted within a PUD. Also,up
to ten percent (10%) of the gross land area may be directed to other commercial, office,
public and quasi-public uses that are not allowed within the land use district; provided, that
there is a favorable finding by the council:
A. That the uses are appropriate with the residential uses;
B. That the uses are intended to serve principally the residents of the PUD;
C. That the uses are planned as an integral part of the PUD;
D. That the uses be located and so designed as to provide direct access to a collector or an
arterial street without creating congestion or traffic hazards; and
E. That a minimum of fifty percent(50%) of the residential development occurs prior to the
development of the related commercial or office land uses.
C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-2-3: Preliminary Plat:
C. Required Information and Data:
3. The following shall be submitted separately:
m. Any proposed or existing utilities, including,but not limited to, storm and
sanitary sewers, irrigation laterals,ditches, drainages,bridges, culverts,water
mains, fire hydrants and their respective profile;
• Eagle City Code Section 9-3-2-5: Private Streets and Private Alleys:
9-3-2-6: PRIVATE STREETS AND PRIVATE ALLEYS:
Private streets and private alleys may be permitted, in the discretion of the council, subject to
the following:
A. Compliance: The council must find that any proposed private streets or private alleys are
in compliance with each of the following criteria:
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 and or private alleys will serve to enhance the overall
development.
2. Safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and
parking are provided.
3. Adequate access for service and emergency vehicles is provided.
4. Access and good transportation planning to adjacent property and to the area travel
networks is not adversely affected.
5. Adjacent property will not be landlocked by the site layout.
6. Other than to provide emergency access, the private streets, or private alleys, 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
Page 12 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf.doc
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 or alleys 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 and private alleys, including provisions for the funding thereof.
9. Private streets and private alleys are only permitted within a planned unit
development and are limited to providing access to no more than ten percent(10%)
of the lots, except that private streets and private alleys may serve all single family
attached dwelling lots.
B. Construction And Design Standards: Private streets and private alleys shall conform to the
following construction and design requirements:
1. All private street and private alley construction shall be in accordance with Ada
County highway district's structural standards for streets and alleys 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 and private alleys
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 and private alleys shall contain paved travel
lanes a minimum of ten feet(10') in width and shall provide for the safe, convenient,
and effective movement of both vehicular and pedestrian traffic for private streets
and vehicle traffic for private alleys. Vertical curbing shall be provided for private
streets that are less than thirty-four feet (34') in total width. Alleys may utilize other
curb types.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
However, alternative sidewalk and landscape strip designs may be approved by the
City Council based upon a finding made by the Council that characteristics and
qualities of the development justify the alternate design. Sidewalks and planter
strips, as referenced within subsection 9-4-1-6F of this title, shall not be required
along alleys.
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 and private alleys 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.
Page 13 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf.doc
6. All dead-end private streets and private alleys shall terminate 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.
d. Private streets and private alleys not exceeding 150-feet may terminate with no
turn-around if approved by the Eagle Fire District.
7. The design of all private streets and private alleys 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 and private alleys as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
private alley 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 private streets and private alleys 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
streets or private alleys 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 streets or
private alleys 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 streets or private
alleys 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
Page 14 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccfdoc
make provision for the perpetual maintenance of the private streets or private alleys
in accordance with the approved plan as provided for in subsection Cl 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 streets or private alleys
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 and private alleys 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 or private alleys 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. Easement width shall be ten(10')feet along rear and front lot lines and five
feet (5') along each side lot line, except that lesser easement widths, to coincide with
respective setbacks,may be considered as part of the a planned unit development.
B. A five foot (5') wide unobstructed drainageway easements shall be provided in
conjunction with the utility easement along each side lot lines or as required by the city
council, except that lesser easement widths, to coincide with respective setbacks, may be
considered as part of a 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 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
Page 15 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub 1Skyview Sub ccf.doc
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.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways,the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in
width. Micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum eight feet (8') wide and shall be
located within a sixteen foot (16') wide pedestrian access easement, however, in an
area where low volume pedestrian traffic is anticipated, the council may consider a
reduction in pathway width to six feet (6'). Regional pathways such as the Boise
River greenbelt and pathways located adjacent to major roadways shall be a
minimum ten feet(10')wide and shall be located within a twenty-five foot(25')wide
pedestrian access easement.
3. A five foot (5') wide landscaped area/building and fence setback, as measured from
both edges of the paved path, shall be required, and will be owned by either the
abutting property owner(s) or a homeowners' association unless accepted by a public
entity. The five foot (5') wide landscaped area on either side of the pathway may be
decreased to a minimum of two feet(2') wide (as measured from the edge of asphalt
to the easement line)when used in conjunction with a meandering pathway,however,
the total width of the landscape area shall not be less than ten feet(10')(i.e., 2 feet on
one side of the path and 8 feet on the other). For safety purposes, planting material in
this area is limited to three feet (3') in height. The landscape, fence and building
regulations for this area shall be indicated by a note on the plat.
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required.
D. DISCUSSION (based on the applicant's narrative, dated stamped by the City on April 28, 2021,
preliminary plat, date stamped by the City on June 7, 2021):
• The development is proposed to contain single-family attached dwellings and commercial
uses. The applicant is requesting a MU-DA (Mixed Use with development agreement)zoning
designation for the commercial area located adjacent to North Park Lane. The applicant is
requesting four (4) commercial uses within the commercial area. The applicant's narrative
indicates the total commercial square footage is estimated to be 23,000-square feet. The
proposed commercial uses may include: 1) medical/dental office (6,500-square feet); 2)
shopping flex space (7,000-square feet); 3) bank (with drive-up service) (5,000-square feet);
and, 4) restaurant (with drive-through) (4,500-square-feet). The applicant's request for
shopping flex space would be considered as retail sales pursuant to Eagle City Code Section
8-1-2. Pursuant to Eagle City Code Section 8-2-3, retail sales (general and/or limited)
requires a conditional use permit within the MU-DA (Mixed Use with development
agreement) zoning designation. A restaurant (with drive-through) use is a prohibited use
within the MU (Mixed Use) zoning designation. Since the applicant is requesting a
development agreement in lieu of planned unit development (PUD) the development
agreement may be utilized to recognize a retail sales use as a permitted use. If the Council is
to consider allowing the retail sales use as a permitted use the applicant should be restricted
to retail sales (limited), which excludes furniture, hardware, paint and wallpaper, carpeting
and floorcovering, and similar uses.
Page 16 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf doc
• A restaurant (with drive-through) use is a prohibited use within the MU (Mixed Use) zoning
designation. The development agreement for this development will be used in lieu of a
planned unit development (PUD). Development Agreements are a discretionary tool used by
the Council as a condition of rezoning and allow a specific product with a specific use to be
developed on property in an area that is not appropriate for all uses allowed or conditional in
the requested zone. Within a PUD, up to ten percent (10%) of the gross land area may be
directed to other commercial, office, public and quasi-public uses that are not allowed within
the land use district, provided that there is a favorable finding by the City Council that the
proposed uses will be compatible with the surrounding land uses. The total area of the
property is 18.94-acres is size. The commercial area is 2.96-acres in size, which is 15.6% of
the overall site. Ten percent (10%) of the overall site is 1.89-acres. If the Council is to
consider permitting a restaurant (with drive-through) the applicant would need to provide a
revised preliminary plat with a commercial lot which is 1.89-acres in size or smaller. In the
event the applicant provides a revised preliminary plat with a lot which is less than ten
percent (10%) of the overall size of the property, the Council will need to make favorable
findings pursuant to Eagle City Code Section 8-6-4 to allow for the use. In regard to the drive
through lane associated with the restaurant, the drive-through lane should be screened so that
the headlights from vehicles utilizing the drive-through are screened from view. A new
condition of development should be added to the development agreement requiring that any
building with a proposed drive-through should be designed in such a way as to complement
the overall character of the development and design styles exceeding the standard utilitarian
look of a building with a drive-through should be required. The applicant should also provide
a minimum forty-eight inch (48") high berm, decorative block wall, cultured stone,
decorative rock, or similarly designed concrete wall, landscaping, or combination thereof
within the buffer area adjacent to the drive-through lane to reduce the impact of the vehicles
utilizing the drive-through lane(i.e. vehicle headlights and vehicle cueing).
• The preliminary plat does not show a stub street to the south to allow for a connection to the
adjacent proposed Route 44 Crossing Subdivision. The developer of Route 44 Crossing
Subdivision is required to provide a public street stub to the southwest corner of the subject
property. The public street will provide interconnectivity through the area without having to
access a major thoroughfare. It would also provide access through the Route 44 Crossing
Subdivision into the residential portion of the subject site, which will eliminate turning
movements by vehicles traveling north on Park Lane across the lane of travel on Park Lane.
The applicant should be required to provide a revised preliminary plat showing a public street
connection (southwest corner of the property) to the proposed stub street associated with
Route 44 Crossing Subdivision. The revised preliminary plat should be provided prior to
submittal of a design review application.
• The preliminary plat shows the pathway area of Lot 1, Block 2, Lot 2, Block 3, and Lot 10,
Block 3, at 10-feet in width. The preliminary plat shows the pathways to be 5-feet in width.
Pursuant to Eagle City Code Section 9-4-1-6(D)(1) pathways are required to be a minimum
of 8-feet in width unless the Council approves a reduction to 6-feet in width. Also, pursuant
to Eagle City Code Section 9-4-1-6(D)(2) a five foot (5') wide landscaped area/building and
fence setback, as measured from both edges of the paved path, is required. The applicant
should be required to provide a revised preliminary plat showing the pathways located within
Lot 1, Block 2, Lot 2, Block 3, and Lot 10, Block 3,to be a minimum of 6-feet in width. The
revised preliminary plat should also show the pathway areas on Lot 1, Block 2, Lot 2, Block
3, and Lot 10,Block 3, at a minimum of 16-feet in width. The revised preliminary plat should
be provided prior to submittal of a design review application.
Page 17 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf.doc
• Pursuant to Eagle City Code Section 8-2A-7(J)(4)(c) a minimum 75-foot-wide buffer area
with a 10-12-foot-high berm, decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall, or combination thereof. The applicant submitted a design
review landscape plan which shows a typical section for the berm. The typical section shows
a 6-foot-high berm with, what appears to be, a 6-foot-high vinyl fence is located towards the
top of the berm so that it extends 4-feet above the peak of the berm. Pursuant to Eagle City
Code Section 8-2A-7(J) and Section 9-3-10 vinyl fences are not recognized as specific buffer
area fences. The applicant should be required provide a revised landscape plan showing the
fencing associated with the required berm (along State Highway 44) to be in conformance
with Eagle City Code. The landscape plan should be reviewed and approved by the Design
Review Board and City Council prior to submittal of a final plat application.
• Plat note #3 of the preliminary plat identifies the common lots as drainage storage lots. Plat
note#20 of the preliminary plat states, "A stormwater drainage easement shall be reserved on
the drainage lots for the benefit of ACHD and the HOA. Landscaping over said lots shall be
maintained by the homeowner's association and ACHD shall provide heavy maintenance of
the storm drainage facilities for public roads as defined in the covenants, conditions, and
restrictions for Skyview Subdivision. Drainage easement will be established at final design
and platting." The preliminary plat does not show the location of the proposed stormwater
drainage facilities. It is unknown how the future locations of the stormwater drainage
facilities may affect the proposed common area. The applicant should be required to provide
a revised preliminary plat showing the proposed locations of the stormwater drainage
facilities prior to submittal of a design review location.
• Plat note #3 of the preliminary plat states, "Lot 1, of Block 1, Lots 1, 46, 53, 60, 67, 74, of
Block 2, Lots 1, 3, 10, 29, 36, 42, 48, of Block 3, are common area\drainage storage lots. A
portion of Lot 2, of Block 3 is a pressure irrigation pump station lot. Lots 75 thru 77, Block 2
and Lots 1, 28, Block 3 private road lots. All lots previously noted are common lots that shall
be owned and maintained by the homeowner's association. Lot 64, Block 3 is a commercial
lot. All common lots previously noted are subject to a blanket utility easement or as otherwise
shown" [sic]
The plat note does not recognize Lot 2 and 16, Block 3, as common areas. Lot 2, Block 3, is
approximately 3.98-acres in size and is proposed to contain the pressure irrigation pond,
pressure irrigation pump station, Middleton Mill irrigation canal, pathways, and the required
buffer berm along State Highway 44. Lot 16, Block 3, is identified on the plat as a common
lot, however, it is not included in the note. Lots 75-77, Block 2, and Lots 1 and 28, Block 3,
are private alley lots which provide access to the single-family attached dwellings. Based on
the easement requirements and operation and maintenance requirements associated with the
private alleys the lots should be noted separately. Also, the plat note identifies the common
lots are subject to a blanket utility easement but does not address the pressurized irrigation
lines located within the lots or the drainage easement since they are noted as drainage storage
lots. Since Lot 64, Block 3, will be zoned differently there is no reason to identify it as a
commercial lot.
The applicant should be required to provide a revised preliminary plat with plat note #3
revised to state as follows:
"Lot 1, of Block 1, Lots 1, 46, 53, 60, 67, 74, of Block 2, Lots 2, 3, 10, 29, 36, 42, 48, of
Block 3, are common area\drainage storage lots. All lots previously noted are common lots
that shall be owned and maintained by the Skyview homeowner's association. The common
lots are subject to a blanket public utility, drainage, and irrigation easement, or as otherwise
shown"
Page 18 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccfdoc
The revised preliminary plat should be provided prior to submittal of a final plat application.
• Plat note #6 of the preliminary plat states, "A pressurized irrigation system shall be provided
by a pump station that is maintained and operated by the homeowner's association."
Plat note #6 does not address the irrigation provider, who is entitled to the irrigation water,
and the assessments associated with the irrigation water. The applicant should be required to
provide a revised preliminary plat with plat note#6 revised to state, "Irrigation water has
been provided by 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 homeowner's association. The pressurized irrigation system
shall be owned and maintained by the Homeowner's Association, or its
assigns in perpetuity."The revised preliminary plat should be provided prior to submittal of a
fmal plat application.
• Plat note #7 of the preliminary plat states, "All front lot lines, and all lot lines adjacent to a
ROW boundary, have a 23' public utility, drainage, irrigation, easement (measured from the
ROW boundary). All rear lot lines have a public utility, drainage, irrigation, easement. All
side lot lines have a 0' public utility, drainage, irrigation, easement." [sic]
The preliminary plat delineates a 23-foot front line easement only on the lots which are
fronted by the public street. All the proposed single-family attached dwellings will be alley
loaded. The front setback associated with the R-9 (Residential) zoning designation for single-
family attached dwellings is 10-feet for alley loaded units. As proposed the dwellings will
encroach into the front lot line easement.
The applicant should provide a revised preliminary plat with plat note #7 revised to state,
"All front lot lines adjacent to a common area shall have a 10-foot public utility, drainage,
and pressurized irrigation easement. All lot lines adjacent to a public right-of-way shall have
a 23-foot-wide public utility, drainage, and pressurized irrigation easement (measured from
the right-of-way boundary). All rear lot lines should have a five foot (5 ft.) wide public
utility, drainage, and pressurized irrigation easement. All side lot lines have a 0-foot public
utility, drainage, and pressurized irrigation easement." The revised preliminary plat should be
provided prior to submittal of a final plat application.
• Plat note #8 of the preliminary plat states, "Development of this property shall be in
conformance with Eagle City Code or as pursuant to the development agreement associated
with or any subsequent modifications."
Since development agreements are recorded at Ada County and the recorded plat will have
references to official recorded documents the applicant should be required to provide a
revised preliminary plat with plat note #8 revised to state, "All development within this
subdivision shall be consistent with the conditions of development within the development
agreement (Instrument No. ) and any subsequent modifications to the development
agreement."The revised preliminary plat should be provided prior to submittal of a final plat
application.
• Plat notes #9 and 17 address the subdivision and zoning regulations an applicant must be in
conformance with at the time of re-subdivision. These two (2) plat notes should be combined
into one (1) plat note. The applicant should be required to provide a revised preliminary plat
with plat notes #9 and 17 combined to state, "Any re-subdivision of this plat shall comply
with the applicable Eagle City Code in effect at the time of re-subdivision." The revised
preliminary plat should be provided prior to submittal of a fmal plat application.
Page 19 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccfdoc
• Plat note #12 of the preliminary plat identifies that domestic water is provided by the City of
Eagle. The subject property is not located within the City of Eagle's Municipal Water Service
Area. The applicant should be required to provide a revised preliminary plat with plat note
#12 revised to state, "Domestic water shall be provided by Suez of Idaho. Fire protection
shall be provided by Eagle Fire District." The revised preliminary plat should be provided
prior to submittal of a final plat application.
• Plat note #18 of the preliminary plat states, "No residential lots shall have direct access to N.
Park Lane unless approved by ACHD and the City of Eagle. No parking shall be allowed on
the alleys."
The plat note fails to address the access to North Park Lane from the commercial area and
direct access to State Highway 44. The applicant should be required to provide a revised
preliminary plat with plat note#18 revised to state, "No lots shall have direct access to North
Park Lane or State Highway 44 unless approved by ACHD or ITD and the City of Eagle. No
parking shall be allowed on the alleys."The revised preliminary plat should be provided prior
to submittal of a fmal plat application.
• The preliminary plat does not contain a plat note addressing the perpetual ingress and egress
easement associated with the private alleys or the operation and maintenance of the private
alleys. The applicant should be required to provide a revised preliminary plat with a new plat
note which states, "Lots 75-77, Block 2, and Lots 1 and 28, Block 3 are private alleys which
shall have a blanket public utility, drainage, and irrigation easement. The residential lots
located adjacent to Lots 75-77, Block 2, and Lots 1 and 28, shall have a) non-exclusive
perpetual right of ingress and egress easement over said lot,b)the easement shall run with the
land, c) the homeowners association shall be responsible for the operation and maintenance
of the private alleys, and d) the restrictive covenant for operation and maintenance of the
private alleys cannot be dissolved or modified without the express consent of the City of
Eagle." The revised preliminary plat should be provided prior to submittal of a fmal plat
application.
• The applicant has indicated within the provided narrative and submitted building elevations
showing the single-family attached dwelling with a modern farmhouse style of architecture.
Modern farmhouse architecture is not a permitted style of architecture within Eagle City
Code and the Eagle Architecture Site and Design Book. All buildings should be designed in
compliance with Eagle City Code Section 8-2A. Permitted architecture styles are specifically
those shown within the Eagle Architecture and Site Design Book(EASD Book). Architecture
styles and building design elements that are not shown with the EASD Book will not be
permitted. The Design Review Board and City Council should review and approve the
detailed architectural plans for the development prior to the issuance of building permits.
• The landscape plan, date stamped by the City on April 28, 2021, shows a 6-foot-high privacy
white vinyl fence adjacent to the common lot separating the commercial area from the
residential area. Pursuant to Eagle City Code 8-2A-6(B)(3)(d) a decorative wood and vinyl
fencing may be permitted if the city determines that the style of fence proposed is
complementary to the building architecture and overall site design. Also, since the proposed
fence is located adjacent to a common area pursuant to Eagle City Code Section 9-3-10 any
fencing located adjacent to a common area is required to be open style. Some form of a solid
style fence or landscaping should be required since there will be nonresidential use abutting a
residential district. Staff will defer to the Commission and Council regarding the style of
fencing and/or buffer which should be required between the commercial and residential uses.
Page 20 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf doc
• The applicant has provided a Mailbox Cluster Locations plan, date stamped by the City on
April 28, 2021, which shows a cluster mailbox located on the north side of W. Flint Drive
east of N. Opuntia Avenue and a cluster mailbox located on the west side of N. Pincushion
Avenue south of W. Flint Drive. The two(2)mailboxes are located in close proximity to each
other. Also, W. Flint Drive will be the main thoroughfare for the development. The applicant
should provide a revised Mailbox Cluster Locations plan which shows the cluster mailbox
located on W. Flint Drive moved to the south side of W. Escalante Drive east of N. Nursery
Avenue. The revised preliminary plat should be provided prior to submittal of a design
review application.
• The applicant has provided a Street Light Locations plan, date stamped by the City on April
28, 2021, which shows the locations of the proposed streetlights within the subdivision. The
applicant should be required to provide a revised Street Light Locations plan showing
additional streetlights located at the following locations:
o The southeast corner of W. Flint Drive and N.Nursery Avenue.
o The northeast corner of N.Nursery Avenue and W. Escalante Drive.
o The intersection of N. Pincushion Avenue and Lot 28, Block 3.
o At the midpoint of the alley located within Lot 28,Block 3.
o The Street Light Plan should also show lit bollards at the intersections of the
pathways with the streets and alleys.
The revised Street Light Plan should be provided prior to submittal of a design review
application.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
November 15, 2021, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by
one (1) individual who indicated the developer builds above average product and is supportive of the
proposed development.
C. Oral testimony in opposition to the applications was presented to the Planning and Zoning
Commission by two(2) individuals who expressed the following concerns:
• The required vehicle bridge across the Middleton Canal should be limited to a pedestrian bridge.
• There should not be a vehicular road located in proximity to the west boundary of the
development.
• Traffic from the proposed mixed use development will adversely impact Park Lane which already
exceeds ACHD traffic thresholds.
• The property is larger than the 17-acres identified in the comprehensive plan which allows for
mixed use.
• The applicant should be required to place additional landscaping along the northern property line
to provide a buffer between the proposed subdivision and Springhouse Subdivision.
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning
and Zoning Commission by one(1) individual who indicated the following:
• Concerns with traffic generated from the development due to the location of the high school.
• The proposed commercial uses should be low traffic uses.
• A fast-food restaurant at this location will adversely impact traffic within the area.
Page 21 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf doc
• The proposed density will adversely impact traffic.
• The applicant should be required to construct a round-a-bout at the intersection of North Park
Lane and West Flint Drive.
• A concern regarding if the property has sufficient water shares to allow for pressurized irrigation.
• The applicant should be required to utilize"Dark Sky" lighting.
• The subdivision should have CC&Rs which have an owner/occupy clause.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The Commission is not supportive of a restaurant with drive-through at this location.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT (DEVELOPMENT AGREEMENT IN LIEU OF A PUD):
The Commission voted 5 to 0 to recommend approval of A-05-21 and RZ-06-21 for an annexation and
rezone from RUT (Rural-Urban Transition — Ada County designation) to R-9-DA (Residential with a
development agreement [in lieu of a PUD]) and MU-DA (Mixed Use with a development agreement [in
lieu of a PUD])with conditions of development to be placed within a development agreement as provided
within their findings of fact and conclusions of law document, dated December 6, 2021.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend approval of PP-08-21 for a preliminary plat for Skyview
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 December 6, 2021.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the 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.
B. Oral testimony in favor of the applications was presented to the City Council by no one(not including
the applicant/representative).
C. Oral testimony in opposition to the applications was presented to the City Council by one (1)
individual who expressed the following concerns:
• How will the 1.94-acres between the development and Springhouse Subdivision be improved or
landscaped?
• The noise from vehicles traveling West Flint Drive will have a detrimental effect on the residents
living within Springhouse Subdivision.
• As proposed, the buffer area between the proposed development and Springhouse Subdivision
has insufficient landscaping.
• There will be cut-trough traffic from the development through Springhouse Subdivision.
• The applicant should be required to provide a 6-foot-high buffer berm between the development
and Springhouse Subdivision.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT (DEVELOPMENT AGREEMENT IN LIEU OF A PUD):
The Council voted 4 to 0 to approve A-05-21 and RZ-06-21 for an annexation and rezone from RUT
(Rural-Urban Transition — Ada County designation) to R-9-DA (Residential with a development
agreement [in lieu of a PUD]) and MU-DA (Mixed Use with a development agreement [in lieu of a
PUD]) with the following Planning and Zoning Commission recommended conditions of approval to be
placed within a development agreement:
Page 22 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf.doc
3.1 The maximum density for the Property shall be 8.14 dwelling units per acre (125 single-family
attached dwellings).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.2 The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan,notice shall be provided as may be required by the City.
3.4 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and
platting while still maintaining the general intent of the Concept Plan with the requirements set
forth in this Development Agreement. Specific design elements shall be clarified during the platting
and design review application processes. However, the streetscape as shown on the concept plan
(center landscape island, street trees, pool, pool house, tot lot, and pathways) shall be required
design elements as part of the fmal design for the site.
3.5 The commercial area of the Property as depicted on the Concept Plan is to be developed with a
combination of retail, office, and bank/financial uses allowed within Eagle City Code Section 8-2-3
"Official Schedule of District Regulations" under the MU (Mixed Use) zoning designation (except
as limited in Section 3.6, below). Buildings shall not exceed 7,000-square feet in size. The total of
the commercial buildings shall not exceed 23,000-square feet.
3.6 All uses shown as "P" permitted under the R-9 (Residential) and MU (Mixed Use) zoning
designations within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations,"
shall be considered permitted uses and all uses shown as "C" conditional uses under the MU
(Mixed Use)zoning designation shall require a conditional use permit within the MU(Mixed Use)
area.
The following use which is shown as "C" conditional uses under the MU (Mixed Use) zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations,"shall
be a permitted use within the MU(Mixed Use)area:
• Retail sales(limited)
In addition to all other uses prohibited within said section of Eagle City Code, and on the entire
Property as noted above,the following uses shall also be prohibited on the Property:
• Equipment rental and sales yard;
• Kennel;
• Laundry with drive up service;
• Live entertainment events;
• Nursery,plant materials;
• Personal wireless facilities(height over 35 feet);
• Small engine repair;
• Storage(enclosed building)
• Storage(fenced area)
Page 23 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf doc
In addition, and in accordance with Eagle City Code Section 8-6-4, Uses Permitted, which allows
up to ten percent (10%) of the gross land area to be directed to other commercial uses that are not
allowed with the land use district, a Restaurant (with drive-through) use shall be permitted on one
(1)lot within the Property.
3.6.1 If a building with a drive-through use is approved, Owner shall provide a minimum forty-
eight-inch (48") tall buffer (berm, decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall) between the drive-through lanes and the adjacent roadway
to reduce the impact of the vehicles utilizing the drive-through lanes (i.e. vehicle headlights
and vehicle cueing).
3.7 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, fencing, private alleys, 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 the requirement cannot be modified and the homeowner's 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, chain-link) 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.
3.8 A letter of approval shall be provided to the City from the Eagle Sewer District indicating all 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. A letter of approval shall
be provided to the City from the Eagle Sewer District approving construction plans for each fmal
plat phase prior to the issuance of a "Notice to Proceed" with construction letter. Prior to the
issuance of any building permits, Owner shall provide proof of central sewer service to the
proposed residential use.
3.9 Owner shall comply with the Idaho Power Company requirements regarding the separation distance
between an electrical transformer and structure.
3.10 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted
architecture styles are specifically those shown within the Eagle Architecture and Site Design Book
(EASD Book). Architecture styles and building design elements that are not shown with the EASD
Book will not be permitted. The Design Review Board and City Council shall review and approve
the detailed architectural plans for the development prior to the issuance of building permits.
3.11 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage,2)planting details within the proposed and required landscape island and all common areas
throughout the development, 3) landscape screening details and buffering for the residential units
from the commercial area, 4)elevation plans for all proposed common area structures and irrigation
pump house (if proposed), 5) landscape screening details of the irrigation pump house (if
proposed), 6) detailed architectural plans for the pool house, 7) design of the tot lot, and 8)useable
Page 24 of 37
K.\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf.doc
amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities (if
proposed). The design review application shall be reviewed and approved by the Eagle Design
Review Board and Eagle City Council prior to the submittal of the first final plat.
3.12 All living trees shall be preserved unless otherwise determined by the City Council. A detailed
landscape plan showing how the trees will be integrated into the open space areas (unless approved
for removal by the City Council) shall be provided prior to the submittal of a final plat.
Construction fencing shall be installed to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
3.13 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.
3.14 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.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP-08-21 for a preliminary plat for Skyview Subdivision (Exhibit
"A") with the following Planning and Zoning Commission recommended site specific conditions of
approval and standard conditions of approval with strike through text to be deleted by the Council and
underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-06-21.
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.
4. 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.
5. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be
placed at the front of each lot generally at each side property line, or as approved by the Design
Review Board. The trees shall be located within an 8-foot-wide landscape strip between the 5-foot
wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be
placed so as to not interfere with the required placement of street trees. Prior to the City Clerk
signing the final plat the applicant shall either install the required trees, sod, and irrigation or
provide the City with a letter of credit for 150% of the cost of the installation of all landscape and
irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the
homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial
Page 25 of 37
K:\planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf doc
reduction of the surety may be permitted for any portion of the development that is completed,
including street trees that have been installed. On-going surety for street trees for all undeveloped
portions of the development will be required through project completion.
6.
Ali,,, la♦ shall be „rovide or o submric lmro-a design renew appl„„licati n.. Provide a
revised preliminary plat showing a public street connection with a bridge canal crossing across the
Middleton Mill Canal. The location of the bridge canal crossing shall be in alignment with a public
street located within the proposed Route 44 Crossing Subdivision. The revised preliminary plat
shall be reviewed and approved by the City of Eagle, AHCD, and Middleton Mill Ditch Company
for approval of the public street and bridge canal crossing location prior to submittal of a final plat
application. The bridge shall be constructed prior to the City Clerk signing the final plat. In the
event the developer cannot receive the necessary approvals to construct the bridge canal crossing
then a development agreement (in lieu of a PUD) and preliminary plat modification application
shall be submitted to the City Council for further evaluation.
7. Provide a revised landscape plan showing the fencing associated with the required berm (along
State Highway 44) to be in conformance with Eagle City Code. The landscape plan shall be
reviewed and approved by the Design Review Board and City Council prior to submittal of a final
plat application.
8. Provide a revised preliminary plat showing the pathways located within Lot 1, of Block 2, Lot 2, of
Block 3, and Lot 10, of Block 3, to be a minimum of 6-feet in width. The revised preliminary plat
shall also show the pathway areas on Lot 1,of Block 2,Lot 2, of Block 3,and Lot 10,of Block 3,at
a minimum of 16-feet in width. The revised preliminary plat shall be provided prior to submittal of
a design review application.
9. Provide a revised preliminary plat showing the proposed locations of the stormwater drainage
facilities prior to submittal of a design review location.
10. Provide a revised preliminary plat with plat note#3 revised to state as follows:
"Lot 1, of Block 1, Lots 1, 46, 53, 60, 67, 74, of Block 2, Lots 2, 3, 10, 29, 36, 42, 48, of Block 3,
are common area\drainage storage lots. All lots previously noted are common lots that shall be
owned and maintained by the Skyview homeowner's association. The common lots are subject to a
blanket public utility, drainage, and irrigation easement,or as otherwise shown"
The revised preliminary plat shall be provided prior to submittal of a final plat application.
11. Provide a revised preliminary plat with plat note #6 revised to state, "Irrigation water has been
provided by 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 homeowner's association. The pressurized irrigation system shall be owned and
maintained by the Homeowner's Association, or its assigns in perpetuity." The
revised preliminary plat shall be provided prior to submittal of a final plat application.
12. Provide a revised preliminary plat with plat note#7 revised to state, "All front lot lines adjacent to a
common area shall have a 10-foot public utility, drainage, and pressurized irrigation easement. All
buildable lots adjacent to a public right-of-way shall have a 21-foot-wide public utility, drainage,
and pressurized irrigation easement (measured from the right-of-way boundary). All rear lot lines
shall have a five foot(5 ft.)public utility, drainage, and pressurized irrigation easement. All side lot
lines have a 0-foot public utility, drainage, and pressurized irrigation easement." The revised
Page 26 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccfdoc
preliminary plat shall be provided prior to submittal of a final plat application. Provide a revised
preliminary plat with plat note#8 revised to state, "All development within this subdivision shall be
consistent with the conditions of development within the development agreement (Instrument No.
) and any subsequent modifications to the development agreement." The revised preliminary
plat shall be provided prior to submittal of a final plat application.
13. Provide a revised preliminary plat with plat notes #9 and #17 combined to state, "Any re-
subdivision of this plat shall comply with the applicable Eagle City Code in effect at the time of re-
subdivision." The revised preliminary plat shall be provided prior to submittal of a final plat
application.
14. Provide a revised preliminary plat with plat note #12 revised to state, "Domestic water shall be
provided by Suez of Idaho. Fire protection shall be provided by Eagle Fire District." The revised
preliminary plat shall be provided prior to submittal of a final plat application.
15. Provide a revised preliminary plat with plat note #18 revised to state, "No lots shall have direct
access to North Park Lane or State Highway 44 unless approved by ACHD or ITD and the City of
Eagle. No parking shall be allowed on the alleys." The revised preliminary plat shall be provided
prior to submittal of a final plat application.
16. Provide a revised preliminary plat with a new plat note which states, "Lots 75-77, of Block 2, and
Lots 1 and 28, Block 3 are private alleys which shall have a blanket public utility, drainage, and
irrigation easement. The residential lots located adjacent to Lots 75-77, Block 2, and Lots 1 and 28,
shall have a) non-exclusive perpetual right of ingress and egress easement over said lot, b) the
easement shall run with the land, c) the homeowners association shall be responsible for the
operation and maintenance of the private alleys, and d) the restrictive covenant for operation and
maintenance of the private alleys cannot be dissolved or modified without the express consent of
the City of Eagle." The revised preliminary plat shall be provided prior to submittal of a final plat
application.
17. Provide a revised preliminary plat with a new plat note which states, "Lots shall not be reduced in
size without prior approval from the health authority." The revised preliminary plat shall be
provided prior to submittal of a final plat application.
18. Provide a revised Mail Box Cluster Locations plan which shows the cluster mail box located on W.
Flint Drive moved to the south side of W. Escalante Drive east of N. Nursery Avenue. The revised
preliminary plat shall be provided prior to submittal of a design review application.
19. Provide a revised preliminary plat with a new plat note which states, "This subdivision is subject to
the terms of ACHD License Agreement Instrument No. ." The revised
preliminary plat shall be provided prior to submittal of a design review application.
20. Provide a revised Street Light Locations plan showing additional streetlights located at the
following locations:
• The southeast corner of W. Flint Drive and N.Nursery Avenue.
• The northeast corner of N.Nursery Avenue and W. Escalante Drive.
• The intersection of N. Pincushion Avenue and Lot 28,Block 3.
• At the midpoint of the alley located within Lot 28,Block 3.
• The Street Light Plan should also show lit bollards at the intersections of the pathways with
the streets and alleys.
The revised Street Light Plan shall be provided prior to submittal of a design review application.
Page 27 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf.doc
21. To accommodate the future installation of municipal fiber-optic cable, the applicant shall be
required to install two (2) one and one quarter inch (1 'A") diameter fiber-optic conduit lines along
both sides of all public streets. Upon completion of the installation, 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 dedicated to the City prior to the City
Clerk signing the final plat.
22. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat.
23. Any fencing located adjacent to common area open spaces (with the exception of a solid fence
located between the residential area and the commercial uses) 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).
24. The applicant shall remove the existing structures from the site. The applicant shall obtain a
demolition permit from the City of Eagle Building Department for removal of the existing
structures located on site. The structures shall be removed prior to the City Clerk signing the final
plat.
25. The existing well and septic system serving the existing house shall be abandoned. The applicant
shall provide documentation from the general contractor constructing the subdivision that the
potable well and septic system have been abandoned.
26. The applicant shall remove the overhead power lines providing power to the existing home and
accessory building(s)at the time of removal of the existing buildings.
27. The Skyview Subdivision shall remain under the control of one Homeowners Association.
28. 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.
29. 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.
30. The applicant shall develop an acceptable mitigation plan to offset the loss of open space,
agricultural lands, and/or wildlife habitat. The mitigation plan shall be provided prior to submittal
of a final plat application. The mitigation plan shall be reviewed and approved by the City Council.
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.
Page 28 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccfdoc
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
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&Rs 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
Page 29 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf.doc
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
streetlights 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.
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 prior to the City Engineer
signing the plat. The letter shall include the following comments and minimum requirements,
and any other items of concern as may be determined by the Eagle Fire Department officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square
feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, streetlights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the
storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or
other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
Page 30 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf.doc
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing
the final plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any
other area designated by the City Council or Eagle City Parks, Pathways, and Recreation
Development Commission for a path or walkway shall be approved in writing by the Eagle City
Parks and Pathways Development Commission prior to approval of the final plat by the City
Council.
21. 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.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations(if applicable)prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain(if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the flood plain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall
be complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
30. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council(ECC 9-6-5 (A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The
financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified
Page 31 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf doc
check.
31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central
District Health Department, Ada County Treasurer, Ada County Highway District
Commissioners,City Engineer,and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights,claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off
leash.
37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment
over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy
truck traffic routes shall maximize use of highways and major arterials while minimizing use of
smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all
sub-contractors and for monitoring compliance.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-05-21/RZ-06-21) 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 designations of R-9-DA(Residential with a development agreement [in lieu
of a PUD]) and MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) is
consistent with the Mixed Use designation as shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zones;
c. The proposed R-9-DA (Residential with a development agreement [in lieu of a PUD]) and MU-
DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning districts are
compatible with the MU-DA (Mixed Use with Development Agreement [in lieu of a PUD]) zone
and land use to the north since that area has been developed with a residential subdivision and the
applicant is proposing a landscaped buffer area located between the proposed development and
the adjacent residential subdivision;
Page 32 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf.doc
d. The proposed R-9-DA (Residential with a development agreement [in lieu of a PUD]) and MU-
DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning districts are
compatible with the R1 (Residential — Ada County designation) zone and land uses to the south
since that area has a convenience store with fuel service, proposed subdivision with enclosed
storage,and State Highway 44;
e. The proposed R-9-DA (Residential with a development agreement [in lieu of a PUD]) and MU-
DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning districts are
compatible with the MU-DA(Mixed Use with Development Agreement [in Lieu of a PUD])zone
and land use to the east since that area has a convenience store with fuel service, two (2) two-
family dwellings and is separated from the adjacent uses by North Park Lane;
f. The proposed R-9-DA (Residential with a development agreement [in lieu of a PUD]) and MU-
DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning districts are
compatible with the R-2-DA(Residential with Development Agreement)zone and land use to the
west since that area is developed with a residential subdivision and the proposed subdivision will
contain a street and open space in proximity to the western property line;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
2. The Council reviewed the particular facts and circumstances of this proposed development agreement
in lieu of a PUD, and based upon the information provided concludes that the proposed development
is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. That the proposed development agreement in lieu of a 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.
Skyview Subdivision is proposed to provide a residential component consisting of single-family
attached dwelling units and a mixed-use area consisting of commercial uses. As proposed, the
development will provide a residential product type to meet the policies of the comprehensive
plan and commercial uses which will provide a boost to the economic welfare of the community
by providing jobs,goods,and services;
b. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
The development will be harmonious and appropriate in appearance with existing development
located within the area since the area to the north is currently developed with a residential
subdivision. The applicant is proposing to provide a landscape buffer along the northern property
line. The development is bordered on the south by State Highway 44 (principal arterial) and on
the east by North Park Lane(minor arterial); and
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
The development is planned to consist of a mix of commercial and residential uses, it is not
anticipated that any uses or activities will be detrimental to existing neighborhoods based on the
location and proposed buffering; and
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic,noise, smoke, fumes,glare or odors.
The development is planned for a mixed residential and commercial development. It is not
anticipated that any uses or activities will be detrimental to the surrounding properties upon
Page 33 of 37
K-\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf.doc
completion of the site work. Skyview Subdivision will be served by North Park Lane (minor
arterial)and an internal street network; and
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
All central services are either available to the site or will be as conditioned herein, as noted within
the letters provided by the agencies having jurisdiction over the site. Development of sewer,
water, drainage, streets, and other urban services will be provided at the developer's expense. The
tax revenue generated from the homeowners within the subdivision will offset additional costs to
public services that will serve this development. Ada County Highway District, Eagle Fire, and
Eagle Sewer District, have reviewed the proposed development and indicate that capacity exists
to adequately serve this development;and
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time
of installation and before acceptance by the Eagle Sewer District, Suez Water of Idaho, and Ada
County Highway District; and
g. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
The development will contain a minimum of 41.5% of open space (based on residential area).
The common lots will include a swimming pool,pool house,tot lot,and pathways; and
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
The development will include a stub street to the adjacent undeveloped parcels to the south which
will provide intra-neighborhood connectivity. Access to the development will be provided from
the existing North Park Lane and North Opuntia Avenue. The design and construction of the
roadways and entrances is regulated by the Ada County Highway District; and
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
The applicant has proposed to maintain the existing trees located along the canal. The applicant
will be required to mitigate for any trees located in proximity to the existing dwelling. The
applicant is also required to provide a mitigation plan associated with the loss of open space,
agricultural lands,and/or wildlife habitat;and
j. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development fits well with the comprehensive plan since the plan calls for Mixed
Use. The development will contain single-family residential units and a small commercial area as
allowed through the development agreement; and
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
The applicant has requested approval of a development agreement in lieu of a PUD and
preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as will be
required to meet the conditions herein. In addition, the developer will be required to submit an
Page 34 of 37
K:\Planning Dept\Eagle Applications\SUBS\202l\Skyview Sub\Skyview Sub ccf.doc
application for design review and comply with all Eagle City Codes and conditions of approval of
the design review; and
1. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
The development provides a mix of single-family attached residential and commercial uses. The
commercial portion of the development will provide employment opportunities and access to
restaurants, shops, and services for the residents of the development and the surrounding area.
The proposed deviations from any standard district regulations are permitted through the executed
development agreement. The applicant is required to submit a design review application for the
subdivision to be reviewed and approved by the Design Review Board and City Council prior to
submittal of a final plat application. Also, the applicant is required to submit design review
applications for the single-family attached dwellings and commercial buildings to be reviewed
and approved by the Design Review Board and City Council prior to submittal of a building
permit.
In case of large—scale PUDs (incorporating fifty(50) or more lots or dwelling units):
m. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space,recreation,maintenance, schools and solid waste collection.
The public services that would be provided to the development include the following:
Fire Protection
The development is located within the boundaries of the Eagle Fire District.
Police Protection
The project will be served by the Eagle Police Department.
Water Service
The project is located within an area that is served by Suez Water of Idaho. The water
infrastructure will be constructed at the developer's expense.
Sewer
The property is located within the boundaries of the Eagle Sewer District. Prior to the developer
installing the required sewer infrastructure the developer will be required to comply with the
District requirements.
Road Construction
The construction of all roads within the development will be completed by the developer. Upon
completion,the roads will be dedicated to the Ada County Highway District.
Open Space
The portion of the development will contain a minimum of 41.5% of passive and active open
space. The open space area will contain a swimming pool, pool house, and tot lot. The project
will also generate park impact fees to be utilized for the creation of additional parks or add new
equipment to existing parks within the City of Eagle.
Page 35 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccfdoc
Maintenance
The maintenance of any private open space areas and private alleys will be regulated by the
Skyview Homeowner's Association. The roads, sewer, and water infrastructure will be publicly
owned and maintained by the respective agencies.
Schools
Skyview Subdivision is located within the West Ada School District boundaries.
Solid Waste Collection
Solid waste collection is provided by Republic Services through a contract with the City of Eagle.
n. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
The development will not create excessive additional requirements at public cost for public
facilities and services because the facilities and services will be constructed at the expense of the
developer as conditioned within the approval.
o. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
The estimated tax revenue generated to the City of Eagle from the development at build-out is
approximately $290,828.00/annually (with Homeowner's Exemption).
p. That suggested public (or private)means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. The developer provides the services in the initial stages of
development;therefore,the public service providers avoid potential liability and expenses.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-08-
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 and commercial
uses are in accordance with the Mixed Use 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 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
and Eagle Sewer District as conditioned herein, there is adequate public financial capability to
support the proposed development;
e. That any health, safety and environmental problems that were brought to the 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.
Page 36 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccf.doc
DATED this 17th day of February, 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,
J on Pi rce,Mayor
AT EST:
oF
000000
vow 000
racy E. orn,Eagle City Cleri stQORg '�F •.
•
O S
SEAL,
Page 37 of 37
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub ccfdoc