Findings - CC - 2022 - A-10-21 RZ-15-21 PP-15-21 - Amberly Ranch Subdivision Annexation, Rezone, And Preliminary Plat BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION,REZONE FROM )
RUT(RURAL-URBAN TRANSITION- )
ADA COUNTY DESIGNATION)TO R-E-DA )
(RESIDENTIAL WITH A DEVELOPMENT )
AGREEMENT IN LIEU OF A CONDITIONAL )
USE PERMIT)AND PRELIMINARY PLAT FOR )
AMBERLY RANCH SUBDIVISION FOR )
GERARD INVESTMENTS LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-10-21/RZ-15-21 &PP-15-21
The above-entitled annexation, rezone with a development agreement in lieu of a conditional use permit,
and preliminary plat applications came before the Eagle City Council for their consideration on February
8, 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,
remanded the applications to staff to further work with the applicant regarding the implementation of a
sidewalk and berm on all parcels.
The above-entitled annexation, rezone with a development agreement, and preliminary plat applications
again came before the Eagle City Council for their decision on February 22, 2022. The Eagle City
Council, having duly considered the matter, makes the following Findings of Fact and Conclusions of
Law.
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Gerard Investments LLC, represented by Jadon Schneider of Bronze Bow Land, is requesting an
annexation and rezone of three(3)existing parcels (totaling 11.81 acres)from RUT(Rural-Urban
Transition — Ada County designation) to R-E-DA (Residential-Estates with a development
agreement) and preliminary plat approvals on one of the three parcels for Amberly Ranch
Subdivision, a 4-lot (3-buildable, 1-common) residential subdivision (totaling 7 acres). The
applicant is also requesting to use their development agreement in lieu of a conditional use permit
to waive the sidewalk requirement on the internal private street. The site is located on the
southwest corner of West Beacon Light Road and N. Ballantyne Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 2141 Beacon Light Road, on Wednesday July 7,
2021, at 6:00 PM, in compliance with the application submittal requirement of Eagle City Code.
The applications for this item were received by the City of Eagle on September 3, 2021. Revised
preliminary plats were submitted on October 28th and November 10th,2021.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on November 19, 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
Page 1 of 23
K:\Planning Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccf.doc
November 19, 2021. The site was posted in accordance with the Eagle City Code on November
19, 2021. Requests for agencies' reviews were transmitted on September 17, 2021, in accordance
with the requirements of the Eagle City Code.
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 21, 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 21, 2022.
The site was posted in accordance with the Eagle City Code on January 19, 2022.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 14, 2007, the City Council approved application A-09-07/RZ-11-07 & PP-12-07
annexing 27 acres of property, including the subject property, rezoning the property from RUT to
R-E-DA, and approving a preliminary plat for a three(3) lot, seven(7)acre subdivision.
On February 8, 2022, the City Council held a public hearing on annexation, rezone, and
preliminary plat applications A-10-21/RZ-15-21 & PP-15-21 and remanded the applications back
to staff
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE AND
DEVELOPMENT AGREEMENT:
See applicant's narrative, date stamped by the City on September 3,2021.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Estate Residential RUT(Rural-Urban Transition Single family
—Ada County designation) residential
Proposed Estate Residential(No R-E-DA(Residential-Estate Single family
change) with a development residential
agreement) subdivision
(Amberly Ranch)
North of site Agriculture/Rural RUT(Rural-Urban Transition Single family
—Ada County designation) residential
South of site Estate Residential RUT(Rural-Urban Transition Single Family
—Ada County designation) Residential
East of site Estate Residential R-E(Residential Estate) Single Family
Residential
West of site Estate Residential RUT(Rural-Urban Transition Single Family
—Ada County designation) Residential
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA,CEDA,or DSDA
SITE DATA:
Total Acreage of Site(to be annexed and rezoned)— 11.81 acres
Total Acreage of Site(to be platted at this time)—7 acres
Total Number of Lots—4
Page 2 of 23
K:\Planning Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccf.doc
Residential—3
Commercial—0
Industrial—0
Common— 1
Total Number of Units— 3
Single-family— 3
Duplex—0
Multi-family— 0
Total Acreage of Any Out-Parcels—4.81 acres
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1-unit per 2.33 acres 1-unit per 2.33 acres(as
limited within the
development agreement)
Minimum Lot Size 87,000-square feet(2-acres) 1.8-acres
Minimum Lot Width 271.05-feet 100-feet
Minimum Lot Frontage 106-feet 35-feet
Total Acreage of Common Area None proposed None required in the R-E zone
Percent of Site as Common Area 0% 0%required in the R-E zone
J. GENERAL SITE DESIGN FEATURES:
Open Space,Green Belt Areas and Landscape Screening:
According to the preliminary plat date stamped by the City November 10,2021,the applicant is
proposing a fifty foot(50')wide landscaped buffer area on the south side of West Beacon Light
Road adjacent to the north boundary of the proposed subdivision to be located within an
easement,rather than a common lot. The applicant is also proposing a 10 foot(10')wide
detached sidewalk setback twelve feet(12 ft.)from the edge of the right-of-way to be located
within the easement area. The location will help to preserve the existing trees located on lot 1.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales,or drain
piping,will be developed in the drainage easements. Also,the CC&R's are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be 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:
Eagle City Code Section 9-3-6 states that unobstructed utility easements shall be provided along
front lot lines,rear lot lines, and side lot lines when deemed necessary. Total easement width
shall not be less than twelve-feet(12'). The preliminary plat dated stamped November 10,2021,
identifies 12 foot easements along all property boundaries.
Page 3 of 23
K:\Planning Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccf.doc
Fire Hydrants and Water Mains:
The preliminary plat date stamped by the City on November 10,2021,does not show any fire
hydrants. Fire hydrants should be installed and approved as required by the Eagle Fire District.
On-site Septic System(yes or no)—Yes
Pressurized Irrigation:
The applicant has proposed to modify the existing pressurized irrigation system to serve the
development.
Preservation of Existing Natural Features:
Per Eagle City Code Section 9-3-8(B)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.
Numerous mature trees exist on the property and are intended to remain.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or development
of the site,any historical artifacts are discovered, state law requires immediate notification to the
state.
K. STREET DESIGN:
Public Streets: The applicant is dedicating right-of-way along Beacon Light Road, to total 48 feet
from centerline, in accordance with the Site-Specific Conditions of Approval from the Ada
County Highway District.
Private Streets:
According to the preliminary plat date stamped by the City on November 10, 2021, there will be
an entrance to the development from West Beacon Light Road. The proposed internal private
road) is thirty feet (30 ft.) wide and extends 338.5-feet, terminating with a hammerhead at the
southeast section of the proposed subdivision, which has been approved by the Eagle Fire
Department.
Blocks Less Than 500': None
Cul-de-sac Design:
The proposed internal private road) is thirty feet(30 ft.)wide and extends 338.5-feet, terminating
with a hammerhead at the southeast section of the proposed subdivision, which has been
approved by the Eagle Fire Department.
Sidewalks:
According to the preliminary plat date stamped by the City on November 10, 2021, the applicant
is proposing a 10 foot(10') wide detached sidewalk setback twelve feet(12 ft.) from the edge of
the Beacon Light right-of-way to be located within the easement area. The location will help to
preserve the existing trees located on Lot 1.No sidewalks are proposed within the internal private
street. The applicant is requesting to use their development agreement in lieu of a conditional use
permit to request a waiver of Eagle City Code Section 9-4-1-6(F), which requires sidewalks along
all streets.
Curbs and Gutters: The applicant requests a standard 2-foot(2 ft.)wide ribbon curb on both sides
of the private road be used in lieu of a rolled/vertical curb, which is required by Eagle City Code
Section 9-3-2-5(B)(2). The proposed road utilizes a center-crowned cross-section with perimeter
swales on either side for stormwater management. The proposed ribbon curb design provides
Page 4 of 23
K:\Planning Dept\Eagle Applications\SUBS\202I Wmberly Ranch Sub\03-Working Files\City Council\Nnberly Ranch ccf.doc
better drainage to the swales and reduces maintenance issues for snow removal.
Per Eagle City Code Section 9-3-2-5(E),the council may waive or modify any of the standards or
requirements of this section when the private streets have been determined to be an integral
element of the overall plan and scheme of the development or will serve to enhance the overall
development.
Lighting:
Lighting for the proposed street intersection with Beacon Light Rd. is required. Location and
lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City
Zoning Administrator prior to the submittal of the final plat. Any modifications made to the
lighting shall be completed before the final plat approval.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to date.
Approval from that committee is required prior to final plat approval.
L. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
According to the preliminary plat date stamped by the City on November 10, 2021, the applicant
is proposing a 10 foot(10') wide detached sidewalk setback twelve feet(12 ft.) from the edge of
the Beacon Light right-of-way to be located within the easement area. The location will help to
preserve the existing trees located on Lot 1.No sidewalks are proposed within the internal private
street.
Bike Paths:
No bike paths are proposed. Eagle City Code Section 9-4-1-7 states that a bicycle pathway shall
be provided in all subdivisions as part of the public right-of-way or separate easement, as may be
specified by the City Council.
M. PUBLIC USES PROPOSED:None.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will utilize well and septic. The property will receive fire protection from the Eagle
Fire Department and police protection from the Eagle Police Department.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—Yes—located primarily within Lot 1: green ash, beech,elm
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
The applicant has not provided an environmental assessment plan.
Page 5 of 23
K:\Planning Dept\Eagle Applications\SUBS\202I\Amberly Ranch Sub\03-Working Files\City Coundl\Amberly Ranch ccfdoc
R. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Comments,which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated November 8,2021, are of special
concern(attached to staff report).
City Trails and Pathways Superintendent: An email was received on September 9, 2021, stating
there were no pathway issues.
Ada County Development Services
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
S. LETTERS FROM THE PUBLIC:
On November 29,2021,David and Elizabeth DiCicco submitted a letter with concerns about how
the development will affect their adjacent property and requesting that trees be planted along the
perimeter for privacy(attached to staff report).
T. FISCAL IMPACT ANALYSIS:
See Developer Data Table attached to staff report, along with analysis table, included in
application materials.
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:
• The Comprehensive Plan Land Use Map designates this site as Residential Estates:
Suitable primarily for single family residential development within areas on acreages that
may be in transition from agricultural to residential use or may combine small scale
agricultural uses with residential uses. Maximum density of up to one(1)unit per two(2)
acres.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 8-2-1: DISTRICTS ESTABLISHED,PURPOSES AND RESTRICTIONS:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre.
Multi-family and two-family units/developments are prohibited in R-1,R-2,R-3, R-4 and R-5
zoning districts, unless approved as part of a planned unit development (PUD). Centralized
water and sewer facilities are required for all subdivision and lot split applications submitted
after the effective date hereof in all districts exceeding one dwelling unit per two(2)acres(R-
E). Whenever there is a conflict or difference between the provisions of this section and those
of 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.
Page 6 of 23
K:\Planning Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccf.doc
• 8-2-4: SCHEDULE OF BUILDING HEIGHT AND AREA REGULATIONS:
Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Area Minimum
District Height Side Side Lot Covered (Acres Or Sq. Ft.)G Lot
And H* Width I*
R-E 35' 50' 30' 20' 35' 20% 1.8 acres 100'
• 8-2A-7 J(4)(b): MAJOR ROADWAYS:
a. Any road designated as a minor arterial on the Ada County long range highway and street
map:
A minimum of fifty feet (50') 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: five
(5)shade trees, eight(8) evergreen trees,three(3)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 five foot(5')high,maximum eight foot(8')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.
• 8-7-3-1: PURPOSE AND INTERPRETATION OF CONDITIONAL USE:
C. Exceptions or waivers of standards within Title 8 or Title 9, other than use, inclusive of
the subject matter addressed by Section 8-7-4-2 or Section 9-6-3 "Variances"may be
permitted through issuance of a conditional use permit.
• 8-10-1: REQUIREMENTS AND RESTRICTIONS:
A. Purpose: Development agreements are a discretionary tool to be used by the council as a
condition of rezoning. Development agreements allow a specific project 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.
B. Initiation Of Development Agreement:
1. A development agreement may be initiated for the rezoning of a particular parcel of
land or collection of parcels of land through the following methods:
a. On application by the property owner.
b. On recommendation of the zoning administrator.
c. On recommendation of the commission.
d. Required by the council.
2. In the event of a determination by the commission that a development agreement should
be entered into,the commission shall retain jurisdiction of the matter, defer
Page 7 of 23
K:\Planning Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccf.doc
consideration of the rezone applied for and set a time limit for submittal of the
development agreement. The commission shall then proceed as specified in this section.
3. In the event of a determination by the council that a development agreement should be
entered into,the council shall remand the matter back to the commission for submittal of
the development agreement. The council may direct the commission on remand of the
matter to the commission. The commission shall then proceed as specified in this
section.
4. In the event of either of the above,all time limits required by this code may be stayed
upon affirmative vote of the commission or council.
C. Form Of Development Agreement: A development agreement shall be in the form
required by the zoning administrator.No agreement shall be accepted by the zoning
administrator which does not include the following:
1. An affidavit by the owner of the parcel agreeing to submit the parcel to a development
agreement.
2. The specific use or uses of the parcel for which the development agreement is sought.
3. The allowed or conditional use in the conditional zone for which application has been
made.
4. A concept plan of the project to be developed on the parcel. The concept plan may
include:
a. A description of the density allowed or sought; and
b. Maximum height, size, and location of any structures on the property.
5. The time required to begin the use on the property.
6. A statement by the owner of the parcel that failure to comply with the commitments in
the development agreement shall be deemed consent to rezone the use to the preexisting
zone or, in the case of an initial zone at annexation, a zone deemed appropriate by the
council.
7. Any other matter mutually agreeable to the parties.
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• 9-3-1: MINIMUM STANDARDS REQUIRED:
All plats submitted pursuant to the provisions of this title, and all subdivisions, improvements
and facilities done, constructed or made in accordance with said provisions shall comply with
the minimum design standards set forth in this chapter; provided, however, that any higher
standards adopted by any highway district, the Idaho transportation department or health
agency shall prevail over those set forth herein.
• 9-3-2-5: PRIVATE STREETS:
Private streets may be permitted, in the discretion of the council, subject to the following:
A. Compliance: Private streets may provide access to no more than ten percent (10%) of the
lots within a planned unit development provided the council determines that the private
streets are in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings such
Page 8 of 23
K:\Planning Dept\Eagie Applications\SUBS\2021\Amberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccf.doc
that private streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks,and parking.
3. The private streets shall provide adequate access for service and emergency vehicles.
4. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel
layout.
6. Other than to provide emergency access, the private streets do not connect one public
street to another, thereby encouraging travel through the development served by the
private street; provided, however, that in order to provide secondary access, a private
street may have more than one connection to a public street and/or may be connected
to more than one public street if access thereto is controlled by automatic gates or
other control devices approved by the council.
7. The use or alignment of the private streets does not interfere with the continuity of
public streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets, including provisions for the funding thereof.
B. Construction And Design Standards: Private streets shall conform to the following
construction and design requirements:
1. All private street construction shall be in accordance with Ada County highway
district's structural standards for streets including base course and asphaltic concrete
mat thickness utilizing the appropriate traffic index or as may be recommended by the
city engineer and approved by the city council, and shall further be in accordance with
Ada County highway district's intersection design and drainage requirements, or as
may be recommended by the city engineer and approved by the city council.
2. Except as may be otherwise set forth in this section, private streets shall meet such
design and dimensional requirements as the council may determine are appropriate
considering the proposed use and the site upon which the private streets are to be
placed, however, all private streets shall contain paved travel lanes a minimum of
twelve feet (12') in width (except as noted herein) and shall otherwise provide for the
safe, convenient, and effective movement of both vehicular and pedestrian traffic.
Vertical curbing shall be provided for streets that are less than thirty four feet (34') in
total width.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including,but not
limited to, designated parking and "no parking" areas, speed, stop, and such other
signs as are required for safe pedestrian and vehicle travel.
5. All private streets shall, during the progress of construction, be inspected and tested, at
the expense of the owner or developer, by a qualified inspector in order to ensure
compliance with the construction and design standards set forth in this section, the
construction drawings as prepared by the registered professional engineer, and good
engineering and construction practices. Reports of such inspections and tests shall be
submitted, together with a certification of such compliance, for the review and
Page 9 of 23
K:\Planning Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccf doc
approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public right
of way, or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of
this chapter and subject to the approval of the Eagle fire district and city engineer
and provided further that proper maintenance of the island is provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle
fire district and the city engineer;or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer,and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared
by a licensed professional engineer in the state in substantial conformance with
engineering and design standards in effect at the time of preparation of the design.
Construction drawings, together with a certification of such conformity, shall be
submitted for the review and approval by the city engineer.No part of this section shall
be construed as allowing a private street that is not in conformance with current
engineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more restrictive
standard shall prevail,unless specifically determined otherwise by the city council.
C. Access And Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost estimate
therefor prepared by a licensed professional engineer in the state, together with a
proposed method for funding the same, including, but not limited to, the creation and
maintenance of a reserve fund for that purpose, shall be submitted with the final plat
application for review and approval by the city engineer and city council.
2. The location of the private street shall be clearly depicted on the face of the plat and
notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private
street the perpetual right of ingress and egress over the described private street;
b. Provide that such perpetual easement shall run with the land;and
c. Provide that the restrictive covenant for maintenance of the private street cannot be
modified and the homeowners'/property owners' association or other entity cannot
be dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be recorded
at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private street in accordance with the
approved plan as provided for in subsection 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
Page 10 of 23
K:\Planning Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccf.doc
certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private street approved in accordance
with the provisions of this section to undertake such repair and maintenance activities
as it may determine is necessary to protect the public health, safety, or welfare and
make such expenditures from the funds reserved therefor as may be required thereby;
and the owner or responsible entity shall, as a condition of approval of any such private
street, be deemed to have agreed to comply with any such order and to reimburse the
city all of its costs, including attorney fees, incurred in obtaining or enforcing any such
order. Any order entered by the council pursuant to this subsection may be enforced by
a court of competent jurisdiction and the city shall be entitled to recover its costs and
attorney fees incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to
all applicable components of the comprehensive plan.
E. Waiver: The council may waive or modify any of the standards or requirements of this
section when the private streets have been determined to be an integral element of the
overall plan and scheme of the development or will serve to enhance the overall
development; provided, however, that any such waiver shall not be injurious to public
health or safety.
• 9-4-1-6(F) SIDEWALK DESIGN:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the
street; except, that where the average width of lots, as measured at the street frontage
line or at the building setback line, is over one hundred feet(100'), sidewalks on only
one side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County Highway District.
3. Sidewalks shall be separated from the edge of the abutting roadway and /or back of
curb by a minimum five-foot (5') wide landscape strip. The landscape strip shall be
completed with sod, automatic irrigation, and planted with 3-inch minimum caliper
shade-class trees along all streets within the subdivision. Installation of landscaping
shall be in accordance with Section 8-2A-7 of this Code.
4. Trees shall be placed at the front of each lot generally located on each side lot line.
Minor variations to the location of a tree may be considered by the design review
board during the review of the subdivision landscape plan.
5. If sidewalk is required on one side of each street only (as provided for in subsection
F 1 of this section), then the trees on the side of the street with no sidewalk shall be
placed within five feet(5')of the edge of roadway.
6. In zoning districts which prohibit densities greater than one dwelling unit per two (2)
acres and at the council's discretion, a four foot (4') wide striped path (with
pedestrian designation markings such as diamonds or pedestrian/bicycle symbols)on
both edges of all internal roadways may be permitted in lieu of constructing
sidewalks. Trees shall be placed within five feet(5') of the edge of roadway. (Ord.
420, 5-21-2002)
• 9-4-1-12: LANDSCAPE BUFFER AREAS:
Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for
Page 11 of 23
K:\Planning Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccf doc
the protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats
shall show the location of all buffer areas. (Ord. 420, 5-21-2002)
D. DISCUSSION:
• The applicant is requesting an annexation and rezone to R-E-DA(up to one unit per two acres
maximum) of 11.8 acres located on the southwest section of West Beacon Light Road and
North Ballantyne Lane. The applicant is also requesting a preliminary plat for Amberly
Ranch Subdivision, a three (3) lot subdivision on seven (7) of the above mentioned 11.8
acres. The proposed subdivision will have lot sizes ranging from 2-acres to 2.43-acres and
will comply with the 1.8-acre minimum lot size requirements for the R-E zone. The
subdivision design complies with the technical requirements (or will pursuant to the
conditions outlined herein)of Eagle City Code.
• The Eagle Comprehensive Plan Land Use Map designates the property as Residential Estates
with a density not to exceed one (1) unit per two acres. The proposed Amberly Ranch
Subdivision includes three (3)residential lots with an overall density of one unit per 2.3 gross
acres.
• Eagle City Code section 8-7-3-1(C) allows exceptions or waivers of standards within Title 8
or Title 9, other than use, through issuance of a conditional use permit (Eagle City Code
Section 8-2-1). The applicant is requesting to use their Development Agreement in lieu of a
Conditional Use Permit to request a waiver to Eagle City Code Section 8-2A-7(J) which
requires that any road designated as a minor arterial be buffered with a fifty-foot(50 ft.)wide
common lot and to instead permit the sidewalk and buffer area within an easement on the
property.
• The applicant is proposing that Lot 1, which is heavily treed, be allowed to maintain the
existing vegetation in lieu of creating a berm in accordance with Eagle City Code Section 8-
2A-7(J). The applicant should request an alternative method of compliance for Lot 1 as part
of their Design Review application addressing what section of 8-2A they need alleviation
from, why they should be granted the alternative method of compliance, and how the
proposed alternative equals or exceeds the requirement.
• The applicant is requesting a waiver of multiple sections of Eagle City Code Section 9-3-2-5,
which regulate private streets. Section A states that no more than 10% of the lots within a
planned unit development may take access from a private street. Section B.3 requires
detached sidewalks with a minimum eight-foot-wide landscape strip along all roads. The
application is not proposing any sidewalk along the internal private street. However, per
Eagle City Code Section 9-3-2-5(E),the council may waive or modify any of the standards or
requirements of this section when the private streets have been determined to be an integral
element of the overall plan and scheme of the development or will serve to enhance the
overall development. Therefore, it is up to the Council's discretion whether the proposed
private street section is appropriate for this development.
• To allow for the future installation of municipal fiber-optic cable,the applicant should be
required to install two(2)one inch and a quarter(1 1/4")fiber-optic conduit lines along both
sides of all public streets. Upon completion of the installation of the municipal fiber-optic
conduit lines,the applicant should provide GIS coordinates of the locations of the municipal
fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS
coordinates provided,and the fiber-optic conduit lines should be dedicated to the City prior to
the City Clerk signing the final plat.
Page 12 of 23
K:\Planning Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\03-Working Files\City Council Amberly Ranch ccf.doc
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
December 6, 2021, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to the applications was presented to the Planning and Zoning
Commission by two (2) individuals, with their concerns being headlights, lot sizing, the sidewalk,
berm, and landscaping along Beacon Light Road, irrigation issues, and concern about what could
happen with the out parcel.
C. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by
the no one(other than the applicant/property owner).
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning
and Zoning Commission by seven (7) individuals. The primary concern by all was ensuring that
irrigation water was able to cross the development without any impediment. There was also interest
expressed about what could happen to the out parcel in the future.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission made a motion based upon the information received
and the testimony provided.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT IN LIEU OF A CONDITIONAL USE PERMIT:
The Commission voted 4 to 0(Wright absent)to recommend approval of A-10-21 and RZ-15-21 for an
annexation and rezone from RUT(Rural-Urban Transition—Ada County Designation)to R-E-DA
(Residential Estates with a Development Agreement)with conditions to be placed within a development
agreement as provided within the Commission's findings of fact and conclusions of law document, dated
January 3,2022.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 0 (Wright absent)to recommend approval of PP-15-21 for a preliminary plat
for Amberly Ranch Subdivision with the site specific conditions of approval and standard conditions of
approval as provided within the Commission's findings of fact and conclusions of law document, dated
January 3, 2022..
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the Eagle City Council on February 8, 2022, at
which time testimony was taken and the public hearing was closed. The Council remanded the
application to staff to continue to work with the applicant regarding the implementation of a sidewalk
and berm along all property frontages.
B. Oral testimony in opposition to the applications was presented to the City Council by no one.
C. Oral testimony in favor of the applications was presented to the City Council by no one.
D. Oral testimony neither in opposition to nor in favor of the applications was presented to the City
Council by two (2) individual(not including the applicant)who indicated the following:
• The lateral that Amberly Ranch will use has had issues with their distribution box and
would like to have improvements made at the time the subdivision is constructed.
• The berm does not fit the area and would look better landscaped without a berm.
Page 13 of 23
K:\Planning Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccfdoc
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOMENT AFREEMENT IN LIEU OF A CONDITIONAL USE PERMIT:
On February 22, 2022, the Council voted 4 to 0 to approve of A-10-21 and RZ-15-21 for an annexation
and rezone from RUT (Rural-Urban Transition — Ada County Designation) to R-E-DA (Residential-
Estates with a development agreement in lieu of a conditional use permit) with the following Planning&
Zoning Commission recommended conditions to be placed within a development agreement with
underline text to be added by the Council and strike through text to be deleted by the Council:
3.1 The maximum density for the Property shall be 1 unit per 2.3 acres.
3.2 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review,preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the
project. As the Concept Plan evolves,the City understands and agrees that certain changes in that
concept may occur. If the City determines that any such changes require additional public comment
due to potential impacts on surrounding property or the community,a public hearing shall be held
on any proposed changes in the Concept Plan,notice shall be provided as may be required by the
City.
3.4 Owner shall provide a "Heavy Truck Traffic Plan" (Exhibit E) to be followed by any vehicle or
equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation.
The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing
use of smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-
contractors and for monitoring compliance.
3.5 The conditions, covenants and restrictions for the prepecty three lot Amberly Ranch Subdivision
shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, private streets, fencing, and amenities
within Amberly Ranch Subdivision. The owner shall provide an operation and maintenance
manual including the funding mechanism as an addendum to the CC&Rs and the repair and
maintenance requirement shall run with the land and that the requirement cannot be modified
and that the homeowners association or other entity cannot be dissolved without the express
consent of the city.
(b) All fencing shall be installed in accordance with Eagle City Code and the Eagle Architectural
and Site Design Book. All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall
be prohibited.
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
(d) A landscaping and maintenance plan to ensure that a clearance height of 14 feet will be
maintained at all times over the private road to allow for access by fire apparatus.
Page 14 of 23
K:\Planning Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccfdoc
3.6 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located on site. The report shall identify, at a minimum, species, size, and health of
the trees. The arborist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating which trees will be incorporated into the
design of the subdivision and which trees will be removed prior to removal of the trees. No trees
shall be removed from the site prior to city approval of a tree removal plan.
3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape islands and all common
areas throughout the development, 3) all proposed fencing throughout the development, and 4)
street lights. The design review application shall be reviewed and approved by the Eagle Design
Review Board prior to the submittal of a final plat application.
3.8 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s)shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
3.9 A 10 foot wide sidewalk shall be constructed along the entire Beacon Light Road frontage and a 5
foot wide sidewalk shall be constructed along the Ballantyne Lane frontage prior to the City Clerk
signing the Amberly Ranch Final Plat.
3.10 A landscape buffer area, located within an easement, shall be required along all Beacon Light Road
and Ballantyne Lane frontages. The easement along both frontages shall be 35 feet in width and
shall include a 2-3 foot tall meandering berm height with a 3 — 4 foot tall split rail fence on top.
However, the frontage along Beacon Light shall be landscaped in accordance with Eagle City Code
8-2A-7(J)(4)(b).
3.11 All landscaping and fencing within the landscape buffer easements on all parcels shall be included
within the Design Review application for Amberly Ranch Subdivision.No solid vinyl fencing shall
be allowed.
3.12 All landscaping and berms within parcels S0506120700,and S0506120610 shall be completed prior
to the City Clerk signing the record of survey approving the associated lot line adjustment or by
May 1, 2025,whichever occurs first.
3.13 Parcel S0506120610 shall not be considered a separate buildable lot until such time that a lot line
adjustment between parcels S0506120700, and S0506120610 has been completed and parcel
S0506120700 is at least 1.8 acres in size.
3.14 Individual driveway accesses to Beacon Light Road shall be prohibited.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
On February 22, 2022, the Council voted 4 to 0 to approve of PP-15-21 for Amberly Ranch Subdivision
with the following Planning&Zoning Commission recommended site specific conditions of approval and
standard conditions of approval with underline text to be added by the Council and strike through text to
be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for annexation and rezone
applications A-10-21/RZ-15-21.
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.
Page 15 of 23
K:\Planning Dept\Eagle Applications\SUBS\2021 Amberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccf.doc
4. Plat notes shall be revised to be numbered.
5. The first plat note under "Standard Easement Notes" shall be revised to identify the street as
private,not public,prior to submittal of the fmal plat application.
6. The first plat note under"Private Street Notes" shall be revised to remove"driveway"so that it is
clear access is being taken from a private street (the name of the street may also be identified)
prior to submittal of the final plat application.
7. A new plat note shall be added to the preliminary plat stating"Irrigation water has been provided
by Farmers Union Ditch Company in compliance with Idaho Code Section 31-3805(1)(b). Lots
with in 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
assess by the homeowner's association. The pressurized irrigation system shall be owned and
maintained by the Amberly Ranch Subdivision Homeowner's Association, or it assigns."
8. All living trees shall be preserved, unless otherwise determined by the Design Review Board. A
detailed landscape plan showing how the trees will be integrated into the open space areas or
private lots (unless approved for removal by the Design Review Board) shall be provided for
Design Review Board approval prior to the submittal of a fmal plat. Construction fencing shall be
installed (pursuant to the Design Review Board's direction) to protect all trees that are to be
preserved,prior to the commencement of any construction on the site.
9. The developer shall provide shade-class trees(landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be
placed at the front of each lot generally at each side property line, or as approved by the Design
Review Board. Any and all drainage swales and/or seepage beds shall be placed so as to not
interfere with the required placement of street trees. Prior to the City Clerk signing the final plat
the applicant shall either install the required trees, sod, and irrigation or provide the City with a
letter of credit for 150% of the cost of the installation of all landscape and irrigation
improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes.
A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction
of the surety may be permitted for any portion of the development that is completed, including
street trees that have been installed. On-going surety for street trees for all undeveloped portions
of the development will be required through project completion.
10. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required
to install 1 " fiber-optic conduit lines along bozo all
public streets in accordance with the City's Fiber Master Plan.
Upon completion of the installation of the municipal fiber-optic conduit lines, the applicant shall
provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal
fiber-optic conduit lines shall be installed, GIS coordinates provided, and the fiber-optic conduit
lines shall be dedicated to the City prior to the City Clerk signing the fmal plat.
11. The applicant shall provide a GIS shape file of the subdivision (file type(s) as approved by the
Zoning Administrator)prior to the City Clerk signing the final plat.
12. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in ECC Section.
13. The Amberly Ranch Subdivision shall remain under the control of one Homeowners Association.
14. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be
provided to the City Zoning Administrator prior to the submittal of the final plat.
Page 16 of 23
K:\Planning Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccf doc
15. Street name approval by the Ada County Street Name Committee has not been received to date.
Approval from that committee is required prior to fmal plat approval.
16. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][1])
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs,gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to
the platted property. The developer may submit a letter in lieu of plans explaining why plans may
not be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50,Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service,prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed
on the street side of the home or shall have their sewer drainage system designed with a stub at
the house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
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
Page 17 of 23
K:\Planning Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccf.doc
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the
final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer
and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so
graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff
shall cross any lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing
by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to
the City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping,fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval
of the organized irrigation district, canal company, ditch association, drainage district, drainage
entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or
canal. The applicant shall submit a copy of the written approval from the irrigation entity,
drainage district,or drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the
City Engineer prior to the City Engineer signing the final plat. All construction shall comply with
the City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the fmal plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner,homeowner,
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by
the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Page 18 of 23
K:\Planning Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccf.doc
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and
shall be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the 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.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing
the final plat.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the staff
and the City Engineer and shall be shown on the fmal plat prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations(if applicable)prior to the City Engineer signing the fmal plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain(if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall
be complied with. All design and construction shall be in accordance with all applicable City of
Page 19 of 23
K:\Planning Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccf doc
Eagle Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the fmal plat has received the approval of the
City Council(ECC 9-6-5 (A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The
financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified
check.
30. In accordance with Eagle City Code, failure to obtain a recorded fmal plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central
District Health Department, Ada County Treasurer, Ada County Highway District
Commissioners, City Engineer,and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights,claims in any way associated with this application.
33. The applicant shall take care to locate andprotect from damage existingutilities, pipelines and
PP g P P
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
34. Place a note on the fmal plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off
leash.
36. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment
over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy
truck traffic routes shall maximize use of highways and major arterials while minimizing use of
smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all
sub-contractors and for monitoring compliance.
Page 20 of 23
K:\Planning Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccf.doc
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-10-21/RZ-15-21) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed rezone upon
annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of R-E-DA(Residential-Estatse with Development Agreement)
is consistent with the Estate Residential designation as shown on the Comprehensive Plan Future
Land Use Map;
b. The development will be served by individual well and septic; information provided from the
agencies having jurisdiction over other public facilities needed for this site indicates that adequate
public facilities exist, or are expected to be provided, to serve all uses allowed on this property
under the proposed zone;
c. The proposed R-E-DA zoning district is compatible with the RUT(Rural-Urban Transition—Ada
County Designation) zone and land use to the north since that area has been developed with lots
of similar size;
d. The proposed R-E-DA zoning district is compatible with the RUT(Rural-Urban Transition—Ada
County Designation) zone and land use to the south since that area has been developed with lots
of similar size;
e. The proposed R-E-DA zoning district is compatible with the R-E (Residential-Estates) zone and
land use to the east;
f. The proposed R-E-DA zoning district is compatible with the RUT(Rural-Urban Transition—Ada
County Designation)zone and land use to the west since that area has been developed with lots of
similar size
g. The proposed use, as conditioned within the development agreement, will not create any non-
conforming uses.
2. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-15-
21)and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9(Subdivisions)because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document and the proposed residential use is in
accordance with the residential land use designation of this area shown within the Comprehensive
Plan;
b. The subdivision will be adequately served by individual well and septic as well as by essential
public facilities such as streets, police and fire protection, schools, drainage structures, refuse
disposal; 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,
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.
3. The Council has reviewed the particular facts and circumstances of this proposed development agreement
in lieu of a conditional use permit and, in terms of Eagle City Code Section 8-7-3-2 "A thru I"(required
findings for approval of a conditional use), has made the following conclusions:
Page 21 of 23
K:\Planning Dept\Eagle Applications\SUBS\2021 Wnberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccf doc
The proposed conditional use;
a. Will, in fact, constitute a conditional use as established in Section 8-7-3-1(C) of Eagle City Code,
which allows exceptions or waivers of standards within Title 8 or Title 9, other than use, through
issuance of a conditional use permit(Eagle City Code Section 8-2-1);
b. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8) since there are no
inconsistencies with the Comprehensive Plan and since the development will be required to meet
conditions of a design review application;
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will
not change the essential character of the same area since a 35 foot wide landscape buffer will be
provided within an easement adjacent to Beacon Light and Ballantyne Road;
d. Will not be hazardous or disturbing to existing or future neighborhood uses since landscaping will
buffer the residences from the collector road;
e. Will be served adequately by individual well and septic as well as essential public facilities such
as highways, streets, police and fire protection, drainage structures, refuse disposal, and schools;
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 responses received by agencies providing the
public services or as represented by the applicant.
f. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community since the developer will be
required to make improvements to the site at the developer's expense;
g. Will not involve uses, activities, processes, materials, equipment and 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;
h. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding public thoroughfares since the site is required to meet all Ada County
Highway District standards for design and construction regarding access; and
i. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance since none are apparent on this site.
4. In accordance with Eagle City Code 8-7-3-1(C), the Council concludes that a waiver of sidewalks on
an internal private street, buffer easements in lieu of common lots, and a reduction of the buffer width
from 50 feet to 35 feet along Beacon Light Road, may be permitted through the issuance of a
conditional use permit.
5. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
Page 22 of 23
K:\Planning Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccf.doc
DATED this 8th day of March 2022.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
Jas Pie ce, Mayor
••,,,,,„I,tg,,,I
4:7,E ST: �•.•`, PGLE ''�,,
? Sd O
Tracy Os ,Eagle City Cleslk S
STA`1�'
Page 23 of 23
K\Planning Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\03-Working Files\City Council\Amberly Ranch ccf doc