Findings - CC - 2022 - A-08-21/RZ-09-21/CU-06-21/PPUD-06-21/PP-11-21 - Annexation, Rezone From R2 To R-2-Da-P, Conditional Use Permit, Preliminary Development Plan, And Preliminary Plat For Beaconwood Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION,REZONE FROM R2 )
(LOW DENSITY RESIDENTIAL—ADA COUNTY )
DESIGNATION)TO R-2-DA-P(RESIDENTIAL )
WITH A DEVELOPMENT AGREEMENT—PUD) )
CONDITIONAL USE PERMIT,PRELIMINARY )
DEVELMOPENT PLAN,AND PRELIMINARY )
PLAT FOR BEACONWOOD SUBDIVISION )
FOR JANE SUGGS OF GEM STATE PLANNING )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-08-21/RZ-09-2 1/CU-06-2 1/PPUD-06-2 1/PP-11-2 1
The above-entitled annexation, rezone with a development agreement, conditional use permit, planned
unit development, and preliminary plat applications came before the Eagle City Council for their action
on April 26, 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:
Jane Suggs — Gem State Planning is requesting an annexation, rezone from R2 (Low Density
Residential —Ada County designation) to R-2-DA-P (Residential with a development agreement
—PUD),conditional use permit,preliminary development plan, and preliminary plat approvals for
Beaconwood Subdivision, a 77-lot (72-buildable, 5-common) residential planned unit
development. The 37.34-acre site is located on the southeast corner of West Beacon Light Road
and North Lanewood Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, on Monday, January 11, 2021, in compliance
with the application submittal requirement of Eagle City Code. The applications for this item
were received by the Cityof Eagle on June 2, 2021. Revised materials were provided on October
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6,2021,and January 18,2022.
C. NO
TICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on June 10, 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 February 18, 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 February 18, 2022. The site was posted in accordance
with the Eagle City Code on February 24,2022.
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
April 8, 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 April 8, 2022. The site
was posted in accordance with the Eagle City Code on March 24,2022.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood R2—Ada County Agricultural
Residential designation)
Proposed No Change R-2-DA-P(Residential Single-Family Residential
with a development Planned Unit Development
agreement—PUD)
North of site Large Lot with RUT(Rural-Urban Single Family Residential
Transition Overlay Transition—Ada County and Agricultural
designation)
South of site Neighborhood R-2-DA-P(Residential Single Family Residential
Residential with a development (Lanewood Subdivision)
agreement—PUD)
East of site Neighborhood Single Family Residential
Residential RUT(Rural-Urban and Agricultural
Transition—Ada County
designation)
West of site Neighborhood R-2-DA-P(Residential Single Family Residential
Residential with a development (Mosey Hill Subdivision and
agreement—PUD) Brookway Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site—37.34 acres
Total Number of Lots—77 lots
Residential—72
Commercial— 0
Industrial— 0
Common—5
Total Number of Units—
Single-family—72
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.93 dwelling units per acre 1.93 dwelling units per
acre(as limited within the
development agreement)
Minimum Lot Size *9,212 square feet 17,000 square feet
Minimum Lot Width 75 feet 75 feet
Minimum Street Frontage 28.9 feet 35 feet
Total Acreage of Common Area 8.27 acres 7.47 acres
Open Space
Percent of Site as Common Area 22.1% 20%(minimum)
Open Space Except that,according to
ECC Section 9-3-8 (C)
the City may require
additional public and/or
private park or open space
facilities in PUDs
Percent of Common Area Open 33% 15%
Space as Active OS
* A reduction in minimum lot sizes may be permitted within a Planned Unit Development with an
offsetting increase in open space, which has been met.
I. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat landscape plan, date stamped by the City on June 2, 2021, shows a fifty-foot
(50') wide landscape buffer with a five foot (5') high berm along the northerly property boundary
adjacent to Beacon Light Road, as well as a thirty-five foot(35') wide landscape buffer and five foot
(5') high berm along the Lanewood frontage, in accordance with Eagle City Code 8-2A-7-J. Both
buffers are location within Lot 16, Block 1.
Open Space:
A total of 8.3-acres of open space is proposed (inclusive of planter strips), which totals 22.1% of the
site. The common lot located in Lot 5, Block 2, includes a 2.7 acre park, creating more than 30%
active open space. The park area will include a play structure, picnic shelter, open space, as well as
five connecting trails connecting the centrally located park area to the road and connecting lots.
Additionally, there are 10 foot wide community pathways traversing the site, connecting from the
neighborhood to the southeast (Lot 6, Block 4), to the north (Lot 12, Block 4), and connecting to the
sidewalk located along Beacon Light Road.
The remaining open space area is located in Lot 1, Block 3, and includes a landscaped buffer area at
the entrance to the subdivision off Lanewood Rd.
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
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developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be graded in such a way 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 requires utility easements to be not less than 10 feet wide, except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned
unit development.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System:No
Preservation of Existing Natural Features:
There are no existing trees on site.
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.
J. STREET DESIGN:
Public Streets:
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m6 T7%C4L STREET SECT tW `r Main
60 0'PJEaJC RICM-OF-1wr 9oorx rw. .�.cc- 't rn�Y rnlam u6 T
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7R6MM lr• .BlprDIST. vI si3vi0p
r%mu cos-1 TYROL STREET SECT/]4
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Applicant's Justification for Private Streets(if proposed):None proposed.
Blocks Less Than 500':None proposed.
Cul-de-sac Design: One(1)cul-de-sac is proposed of approximately 420 feet.
Sidewalks:
Detached 10-foot-wide concrete sidewalks are proposed along Beaconwood Road. All other roads
have a 5-foot-wide sidewalk(separated by an 8-foot-wide curb adjacent planter strip).
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the interior
streets.
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Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications incorporating
a"Dark Sky"style of lighting shall be submitted as part of the design review application and the final
design and specifications are to be provided to the City Zoning Administrator prior to the submittal of
the final plat. Any modifications made to the lighting shall be completed before the final plat
approval.
Street Names: Street names should be approved by the Ada County Street Naming Committee prior to
submittal of a final plat application.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat, date stamped by the City on January 18, 2022, shows two types of pathways:
community pathways that are 10 feet wide and connect to the sidewalk fronting Beacon Light Road,
follow the irrigation ditch easement, and connect to the adjacent neighborhoods to the southeast. The
developer is also proposing internal pathways that are 6 feet wide that connect to the common areas,
playground and sidewalk. The Parks, Pathways, and Recreation Commission has recommended
public easements over all pathways to allow for public access and signage.
L. PUBLIC USES PROPOSED: Public pathways as outlined above.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
N. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The development will be served by Suez Water,Eagle Fire District,and Eagle Sewer District.
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—no
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):
Not required
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated January 5, 2022, are of special
concern(attached to staff report).
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent's memo dated April 21,2021,are of special concern(attached to staff report).
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Ada County Development Services
Ada County Highway District
Central District Health Department
COMPASS(Communities in Motion 2040)
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Marathon Pipe Line, LLC
Sawtooth Law Offices(on behalf of Drainage District#2)
West Ada School District
R. LETTERS FROM THE PUBLIC (attached to the staff report):
One letter has been received by the adjacent property owner stating that they would like to
develop in the future and would like to request that three lots on the perimeter be single story for
privacy.
S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
Subdivision work in Phase 1 will begin in fall of 2022. Construction on homes in Phase 1 will
begin in 2023. Subdivision work for Phase 2 will begin in 2023 and homes in Phase 2 in 2024.
T. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment,
and/or conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water and
sewer,and schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided
in a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
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objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the
surrounding area for this proposed development justifies any proposed deviation from any
standard district regulations. (In cases of large-scale PUDs (incorporating fifty (50) or more
lots or dwelling units)
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development
has been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. LANDSCAPING:
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of
existing landscape, pedestrian way treatment, and recreational areas, incorporated into this
development, exceed that of a non PUD development.
17. SITING:
That the quality of the designs for visual focal points, use of existing features such as
topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation
pattern, physical environment, variation in building setbacks, and building grouping (such as
clustering), incorporated into this development, exceed that of a non PUD development.
18. DESIGN FEATURES:
That the quality of the designs for street sections, architectural styles, harmonious use of
materials, parking areas broken by landscaping features, and varied use of housing types,
incorporated into the development, exceed that of a non PUD development.
U. FISCAL IMPACT ANALYSIS:
See Developer Data Table located in the staff report, received by the City on January 12, 2022,
along with the analysis table.
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THE EAGLE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF
ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map(adopted November 15, 2017), designates this site as the
following:
Neighborhood Residential
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
CHAPTER 6: LAND USE
6.4.3 General Land Use Implementation Strategies
X. Require design treatments to provide compatibility of new development with existing
development by considering such issues as transitional lot sizing, building orientation,
increased setbacks, height limitations, size restrictions, design requirements, fencing,
landscaping or other methods as determined through the development review process.
CHAPTER 8: TRANSPORTATION
8.4.1 Roadway Strategies
P: Local and collector streets through residential neighborhoods are recommended to provide
connectivity while being designed to preserve the character of the surrounding neighborhoods
through appropriate design techniques, including street width, traffic calming, and traffic
control. The goal of the local street system is to provide for local circulation within Eagle and
not for regional traffic. Cul-de-sac streets and private streets should be discouraged. In order
to provide this connectivity, new developments should be required to stub access to adjacent
undeveloped or underdeveloped parcels consistent with ACHD road spacing standards. All
new developments should be reviewed for appropriate opportunities to connect to local roads
and collectors in adjacent developments.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre. Multi-
family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning
districts, unless approved as part of a planned unit development (PUD). Centralized water and
sewer facilities are required for all subdivision and lot split applications submitted after the
effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R-E).
Whenever there is a conflict or difference between the provisions of this section and those of
other chapters and/or other titles, the chapter or title with the more restrictive provision shall
prevail.
P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation
noted on the official zoning map of the city (i.e., R-4-P), indicates that the development was
approved by the city as a planned unit development. Density transfers may have been permitted
as a part of the overall development.
DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted
on the official zoning map of the city(i.e.,C-2-DA), indicates that the zoning was approved by
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the city with a development agreement. Specific provisions,as may have been incorporated
within the development agreement,are applicable to development within this zoning designation.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks
Note Conditions A To E* Maximum Minimum Lot
Zoning Lot Area Minimum
District Maximum Front Rear Interior Street Covered F (Acres Or Square Lot
Height Side Side And J* Feet)H* Width I*
R-2 35' 30' 30' 10' 20' 40% 17,000 75'
B. Additional 5 feet per story side setback is required for multi-story structures. Height not to
exceed maximum allowed within the zone.
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
• Eagle City Code Section 8-2A-7-J: Landscape and Buffer Area Requirements:
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:
a. Any road designated as a collector on the master street map typologies map in the Eagle
comprehensive plan:
A minimum of thirty five feet(35')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: four(4)
shade trees,five(5)evergreen 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.
b. Any road designated as a minor arterial on the master street map typologies map in the Eagle
comprehensive plan:
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
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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,
g , g g �
cultured stone,decorative rock, or similarly designed ned 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 similarlydesigned concrete wall is to beprovided, in combination with the
g
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:
B. Fences:
1. In any front yard area, no fence or wall shall be permitted which materially impedes
vision across such yard above the height of two and one-half feet (21/2') measured from
the centerline grade of the adjacent street. Picket style fences where fifty percent (50%)
of the fence remains open may be permitted up to four feet (4') in height. Chainlink
fencing is prohibited in any front yard area.
2. Fencing located adjacent to any street identified as a collector or arterial on the
transportation and pathway network plan in the Eagle comprehensive plan, and on the
street side of all corner lots, shall be an open fencing style such as wrought iron or other
similar see through, decorative, durable fencing material, except as otherwise may be
permitted in subsection 8-2A-7J of this title.
3. Chainlink fencing is prohibited in the R(Residential)Zoning District.
4. A permit is required prior to the construction of a fence in any front yard area and along
any street within the City subject to the application requirements established in section 8-
7-2 of this title.
• Eagle City Code Section 8-7-3-5: Conditional Use Permit:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit including, but not limited to,those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this title.
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
A. 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
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decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain
link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within
the above designated areas. A section within the subdivision CC&Rs shall be created for the
regulation of fences to this effect.
B. 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 foot(20')wide pedestrian access easement.
C. Eagle City Code Section 9-4-1-5: Streetlights:
All subdividers within the city limits shall be required to install, at the subdividers'expense,
streetlights in accordance with city specifications and standards at locations designated by the
administrator. After inspection and confirmation of installation and operation by the
administrator,the subdivider(and subsequent homeowners' association)shall assume ownership
of the streetlights and shall pay the cost of maintenance and power in perpetuity. (Ord. 566, 5-15-
2007; amd. Ord. 820, 12-10-2019)
D. 9-4-1-7: BICYCLE PATHWAYS:
A bicycle pathway system shall be provided within all subdivisions as part of the public right of
way,within a common area, or separate easement, as may be specified by the city council. (Ord.
566, 5-15-2007)
E. 9-4-1-8: UNDERGROUND UTILITIES:
Underground utilities are required. (Ord. 566, 5-15-2007)
D. DISCUSSION (Based on the Preliminary Plat/PUD date stamped by the City on January 18,
2022):
• Lots range in size from 9,212 square feet near the interior of the subdivision to 19,616 square feet
around the perimeter of the development;
• Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the R-2
zoning designations:
R-2 (Residential)zoned area:
Front(Living) 30-feet
Rear 30-feet
Interior Side 10-feet(first story) 5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
* A single-family dwelling that utilizes a side entry garage is permitted to have a 5-foot reduction
in the minimum required front yard setback provided that the distance in no less than 20-feet
within the R-2 zoning district.
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* All front load garages shall be setback a minimum of 25-feet from the back of sidewalk.
The applicant is requesting additional modification to their setbacks through the PUD as follows:
Front(living) 30-feet
Lots 21-23, Block 1 20-feet
Front(garage) 36-feet(front-load garage)
Rear 30-feet
Interior Side 10-feet(first story)5-feet(each additional story)
Lots less than 17,000 square feet 7-feet(first story)5 feet(each additional story)
Street Side 20-feet
Lots less than 17,000 square feet 10 feet
Maximum Lot Coverage 40%
* Due to the sidewalks being located within the individual parcels, an increased setback of 36 feet
from the front property line for garages shall be required to achieve the desired 25 feet from back
of sidewalk to the garage to allow for parking of vehicles.
• The R-2 zone requires minimum lot sizes of 17,000 square feet. The applicant is requesting
reduced lot sizes, the minimum of which is 9,212 square feet, through the PUD. The application
has taken this into account when providing open space and the required offsetting open space has
been met and exceeded.
• The subdivision, as proposed, is designed to include pedestrian sidewalks and micropathways that
create a thorough network of internal connections that also promote access to both existing and
potential future external pedestrian facilities. The site was reviewed by the Pathways, Parks and
Recreation Commission on April 15, 2021 where they made their recommendation. The owner
should be required to incorporate the recommendations made by the PPRC into the final plat
drawings prior to the signing of the final plat.
• The preliminary plat and planned unit development plan and landscape plan delineates the
pathways within the development. The proposed pathways located within Lot 5, Block 2, the
micropathways on Lot 16, Block 1, and Lot 6, Block 4, are shown at 6-feet in width. Pursuant to
Eagle City Code Section 9-4-1-6(D)(1), micropathways within subdivisions which are designed
for primary use by the residences of the subdivision should be a minimum of 8-feet in width,
however, in an area where low volume pedestrian traffic is anticipated, the Council may consider
a reduction in the pathway width to 6-feet in width. The applicant should be required to provide a
revised preliminary plat and planned unit development plan which shows the pedestrian pathway
locations these lots at a minimum of 8-feet in width, unless the Council determines that 6-feet is
appropriate due to anticipated low volume pedestrian traffic. The revised preliminary plat and
planned unit development plan should be provided prior to submittal of a design review
application.
• The applicant has provided a landscape plan showing a 6 foot high open style vinyl fence along
the landscaped berm and buffer areas along Beacon Light Road and Lanewood Road, as well as a
6 foot high solid vinyl fence along the perimeter of the development. Per Eagle City Code 8-2A-
7-J, chain-link, cedar, and similar high maintenance and/or unsightly fencing shall not be
permitted. The Eagle Architecture and Site Design Book envisions decorative block walls,
cultured stone, decorative rock, or other similarly designed fencing within landscaped buffer
areas.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on March
7, 2022, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in opposition to the applications was presented to the Planning and Zoning
Commission by no one.
C. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by
no one(not including the applicant's representative).
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning
and Zoning Commission by one individual who expressed concern that the traffic from Beaconwood
might cut through his neighborhood and asked that the connection be removed.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission made a motion based upon the information received
and the testimony provided.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Commission voted 4 to 0 (Wright absent)to recommend approval of A-08-21/RZ-09-21 for a rezone
from R-2 (Low Density Residential) to R-2-DA-P (Residential with a development agreement - PUD)
with the conditions to be placed within a development agreement as provided within the Commission's
findings of facts and conclusions of law document,dated April 4,2022.
COMMISSION DECISION REGARDING THE PRELIMINARY DEVELOPENT PLAN,
CONDITIONAL USE PERMIT,AND PRELIMINARY PLAT:
The Commission voted 4 to 0 (Wright absent) to recommend approval of PPUD-06-21/CU-06-21/PP-11-
21 for a preliminary development plan, conditional use permit, and preliminary plat for Beaconwood
Subdivision with the site specific conditions of approval and standard conditions of approval as provided
within the Commission's findings of facts and conclusions of law document,dated April 4,2022.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the Eagle City Council on April 26, 2022, at
which time testimony was taken and the public hearing was closed.
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 (other than
the applicant and representative).
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOMENT AFREEMENT:
On April 26, 2022, the Council voted 4 to 0 to approve of A-08-21/RZ-09-21 for an annexation and
rezone from R-2 (Low Density Residential) to R-2-DA-P (Residential with a development agreement -
PUD)with the following Planning & Zoning Commission recommended conditions to be placed within a
development agreement with underline text to be added by the Council:
3.1 The maximum density for the Property shall be 1.93 dwelling units per acre (72 single family
lots).
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
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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 B) 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 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, fences shown, and amenities. The
owner shall provide an operation and maintenance manual including the funding
mechanism as an addendum to the CC&Rs and the repair and maintenance requirement
shall run with the land and that the requirement cannot be modified and that the
homeowners association or other entity cannot be dissolved without the express consent
of the City.
(b) A requirement for all fencing to be installed as shown on the Fencing Plan (Exhibit C).
All other fencing(i.e. dog-eared cedar fencing, chainlink)shall be prohibited.
(c) A maintenance manual for the streetlight(s) requiring that the association shall have the
duty to maintain and operate the light fixtures including the repair and replacement of the
fixture, any associated electrical supply, and light bulbs, in perpetuity.
(d) 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.
3.5 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.
3.6 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)elevation plans for all proposed common area structures and
irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house
(if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, playground
equipment, gazebos, and/or similar amenities, 6) all proposed fencing throughout the
development, and 7) street lights. The design review application shall be reviewed and approved
by the Eagle Design Review Board and City Council prior to the submittal of a final plat
application.
3.7 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to the
submittal of a final plat application. Owner shall comply with all applicable Eagle Sewer
District's regulations and conditions prior to the submittal of a final plat application. Prior to
issuance of any building permits, Owner shall provide proof of central sewer service to the
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proposed residential use.
3.8 All living trees shall be preserved, unless otherwise determined by the City Council upon
recommendation by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas(unless approved for removal and mitigation) shall be
provided for Design Review Board approval prior to the submittal of a final plat application.
3.9 Owner shall construct the neighborhood amenities (tot lot and pedestrian pathways) at the
locations shown on the Concept Plan(Exhibit B)prior to the signing of the first final plat.
3.10 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit"D".
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&Rs. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&Rs and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each structure within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not be
accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny,
at its discretion, any building permit application that does not substantially conform to the design
requirements as shown on the Exhibit "D". If a building permit is denied, the applicant shall
have the right to appeal the decision to the Eagle City Council in accordance with Eagle City
Code Section 8-7-4-1.
3.11 Owner shall not file a protest with the Idaho Department of Water Resources against the City of
Eagle regarding water rights application(s) for the construction of any municipal wells located
within the City of Eagle water service area. Owner shall not apply for additional ground water
rights associated with the Property irrigation system.
3.12 The applicant shall be required to comply with the Eagle Parks, Pathways, and Recreation
Commission's pathway recommendations (Exhibit E), as identified in the Trails and Pathway
Superintendent's memo,dated April 21,2021.
3.13 Owner shall provide a"Heavy Truck Traffic Plan" (Exhibit F) 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 The applicant shall submit either a habitat mitigation plan or agree to participate in the City's
Conservation Education Program and include language in their CC&Rs addressing how the funds
will be collected at time of final plat application.
COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN,AND PRELIMEINARY PLAT:
On April 26, 2022, the Council voted 4 to 0 to approve of PPUD-06-21/CU-06-21/PP-11-21 for a
conditional use permit, preliminary development plan, and preliminary plat for Beaconwood 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
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be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-09-21.
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. 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 withi 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 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.
5. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to
install fiber-optic conduit lines along all 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 final plat.
6. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7(J).
7. 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. (ECC 9-
4-1-2)
8. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7 (J).
9. The Beaconwood Subdivision shall remain under the control of one Homeowners Association. (ECC
9-3-8[D][4])
10. 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.
11. 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])
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12. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of final development plan and final plat applications.
13. The applicant shall submit a revised preliminary plat showing all residential lots with a minimum of
35 ft. street frontage, prior to submittal of a final plat application.
14. Plat Note 8 shall be modified to include reference to the instrument number of the recorded
development agreement prior to submittal of the final plat application.
15. A plat note shall be added stating "Lots shall not be reduced in size without prior approval from the
health authority"prior to submittal of the final plat application.
16. A new plat note shall be added stating "This subdivision is subject to the terms of ACHD License
Agreement Instrument No. "prior to submittal of the final plat application.
17. A new plat note shall be added stating "Irrigation water has been provided by in compliance
with Idaho Code Section 31-38505(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 Beaconwood Subdivision Homeowner's
Association,or its assigns."
18. Plat Note 7 shall be modified to include the following additional language: "The easement shall not
preclude the construction of hard-surface driveways, walkways, landscape, parking, fencing, or other
such non-permanent structures."
19. Plat Note 3 shall be modified to include the following additional language: "The common lots are
subject to blanket public utility, drainage, and irrigation easements. Driveways are prohibited across
all common lots."
20. The applicant shall adhere to all conditions recommended by the Eagle Parks, Pathways, and
Recreation Commission.
21. The required setbacks shall be as follows:
Front(living) 30-feet
Lots 21-23, Block 1 20-feet
Front(garage) 36-feet(front-load garage)
Rear 30-feet
Interior Side 10-feet(first story)5-feet(each additional story)
Lots less than 17,000 square feet 7-feet(first story) 5 feet(each additional story)
Street Side 20-feet
Lots less than 17,000 square feet 10 feet
Maximum Lot Coverage 40%
22.
slows the pe Jestrian p tl.way locations . ithin J of C Block 7 them p tl,,,ays .ten J of 1� Block 1
..ld be p ,ide.J n r to submittal of a design plication
22. The applicant shall include a new plat note on the final plant, which states "Marathon Pipe Line LLC
shall be granted use of the entirety of Common Lot 16 Block 1, and Common Lot 12 Block 4, for
maintenance, and may access from N. Fountainhead Way and W. Solway Court." The plat not shall
be included on the final plat at the time the final plat application is submitted for review.
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.
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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. Idaho Department of Health & Welfare 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 title
or other like satisfactory underground conduit to permit the delivery of water to those landowners
within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C)which provides overriding and additional specific criteria for
pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of
the construction drawing(s)shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City
Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all
runoff runs either over the curb,or to the drainage easement,and that no runoff shall cross any lot line
onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way
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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.
11. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying
outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether
located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall
be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association,whichever the case may be.
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.
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
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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. 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 Parks, Pathways and Recreation Commission for a path
or walkway shall be approved in writing by the Eagle City Parks, Pathways and Recreation
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
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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 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-08-21/RZ-09-21) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed rezone upon
annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of R-2-DA-P (Residential-up to two units per acre with a
development agreement - PUD) is consistent with the Neighborhood Residential designation as
shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
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for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. The proposed R-2-DA-P (Residential-up to two units per acre with a development agreement -
PUD) 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-2-DA-P (Residential-up to two units per acre with a development agreement -
PUD) zoning district is compatible with the R-2-DA-P (Residential-up to two units per acre with
a development agreement - PUD) zone and land use to the south since that area has been
developed with lots of similar size;
e. The proposed R-2-DA-P (Residential-up to two units per acre with a development agreement -
PUD) zoning district is compatible with the RUT (Rural Urban Transition — Ada County
designation) zone and land use to the east since that area has been developed with lots of similar
size;
f. The proposed R-2-DA-P (Residential-up to two units per acre with a development agreement -
PUD)zoning district is compatible with the R-2-DA-P (Residential-up to two units per acre with
a development agreement - PUD) zone and land use to the west since that area has been
developed with lots of similar size;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. The proposed use, as conditioned within the development agreement, does not create a non-
conforming use with the R-2-DA-P zone.
2. The Council reviewed the particular facts and circumstances of this proposed preliminary
development plan, conditional use permit, and preliminary plat (CU-06-21/PPUD-06-21/PP-11-21)
and based upon the information provided concludes that the application is in accordance with the City
of Eagle Title 9(Subdivisions)because:
a. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood,and will not be detrimental to the economic welfare of the community.
Beaconwood Subdivision has been proposed for development in conformance with the Eagle
Comprehensive Plan and consistent with the requirements of Eagle City Code; and
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 is proposed to consist of single-family residential homes and will be designed
to complement the general vicinity and provide aesthetically pleasing architecture to enhance the
character of the area. The development is designed with similar density as the adjacent
subdivisions; therefore, the proposed subdivision will be harmonious with the adjacent
developments;and
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
Beaconwood Subdivision is proposed to be developed in a manner harmonious with existing and
future residential uses in the immediate vicinity; 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 residential, similar to the character of the surrounding area. There
are no uses, activities, processes, materials, equipment, and/or conditions that will be detrimental
to the surrounding properties upon completion of the site work; and
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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.
Beaconwood Subdivision will be served Lanewood Road (collector). All central services are
available to be extended to the site, 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;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, 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 22% of open space. The common lots will include
pathways throughout the development and a tot-lot area with a shade structure; 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 street connection to the adjacent residential subdivision to the
south (Lanewood Subdivision) and a stub street to the adjacent undeveloped parcel to the east
which will provide intra-neighborhood connectivity in the future. Access to the development will
primarily be provided from Lanewood Road. 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.
No scenic or historic features of major importance exist on site;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 Eagle Comprehensive Plan designates the property as Neighborhood Residential. The
applicant is requesting a R-2-DA-P (Residential with a development agreement—PUD) to allow
for flexibility in design while still maintaining the maximum density of the proposed
development at 1.93-dwelling units per acre;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.
This applicant has requested approval of a conditional use permit, preliminary development plan,
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 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.
Residential is the only use approved for this development.
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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. The water infrastructure will
be constructed at the developer's expense.
Sewer
As required herein, the applicant is required to provide correspondence from the Eagle Sewer
District which indicates the property is annexed into the Districtprior to submittal of a final plat
application. 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 development will contain a minimum of 22%of passive and active open space. The applicant
is required to provide amenities to provide the residents living within the development
recreational opportunities. 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.
Maintenance
The maintenance of any private open space areas will be regulated by the Beaconwood
Subdivision Homeowner's Association. The roads, sewer, and water infrastructure will be
publicly owned and maintained by the respective agencies.
Schools
Beaconwood 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.
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 $375,685/annually.
p. That suggested public (or private) means of financing the services for the development if the cost
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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.
DATED this 10th day of May 2022
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
J.;on P.-rce, Mayor
A EST: ,........u.,,,,,,
PGLE
Tracy Osb , Eagle City Clerk t f14. • •
• O ;
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........
STAA ...
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