Findings - PZ - 2022 - A-12-21/RZ-18-21 & PP-19-21 - Farmstead Landing Subdivision - Annexation, Rezone From Rut To R-2-Da And Preliminary Plat For Farmstead Landing Subdivision BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION,REZONE FROM )
RUT(RURAL-URBAN TRANSITION )
ADA COUNTY DESIGNATION)TO R-2-DA )
(RESIDENTIAL WITH A DEVELOPMENT )
AGREEMENT)AND PRELIMINARY )
PLAT FOR FARMSTEAD LANDING )
SUBDIVISION FOR WH EAGLE 80 LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-12-21/RZ-18-21&PP-19-21
The above-entitled annexation, rezone with a development agreement, and preliminary plat applications
came before the Eagle Planning and Zoning Commission for their recommendation on May 16, 2022, at
which time public testimony was taken and the public hearing was closed. The Eagle Planning and
Zoning Commission, 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:
WH Eagle 80, LLC, represented by Dave Yorgason, is requesting an annexation, rezone from
RUT (Rural-Urban Transition — Ada County designation) to R-2-DA (Residential with a
development agreement [in lieu of a PUD]), and preliminary plat approvals for Farmstead
Landing Subdivision, a 169-lot (140-buildable, 29-common) residential subdivision. The 80.23-
acre site is located on the north side of West Floating Feather Road between North Park Lane and
North Linder Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle Life Church, 3838 W. Floating Feather Rd., at 6:00
PM, on Monday, October 4, 2021, in compliance with the application submittal requirement of
Eagle City Code. The applications for this item were received by the City of Eagle on December
16,2021. A revised plat was received by the City on March 1,2022.
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 April 29, 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 29, 2022. The site was posted in accordance with the Eagle City Code on May 5, 2022.
Requests for agencies' reviews were transmitted on December 27, 2021, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT
(if applicable):
A development agreement is appropriate to define and limit the residential areas of this site.
Additionally,a development agreement is requested in lieu of a planned unit development(PUD).
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood RUT(Rural-Urban Agricultural
Residential with Transition—Ada County
Transition Overlay designation)and R-E
(Residential-Estates)
Proposed No Change R-2-DA-P(Residential with Single-Family Residential
a development agreement— Planned Unit Development
PUD)
North of site Neighborhood R-2-P(Residential Planned Single Family Residential
residential with Unit Development)and R-E (Bella Terra Subdivision No.2)
Transition Overlay (Residential Estates)
South of site Neighborhood RUT(Rural-Urban
Single Family Residential
Residential with Transition—Ada County
Transition Overlay designation)and R1
(Residential—Ada County
Designation)
Neighborhood Single Family Residential,
East of site Rl (Residential—Ada
Residential with Elementary School,and
Transition Overlay County Designation)and R- Church
E(Residential Estates)
West of site Neighborhood R-3-DA-P(Residential with Single Family Residential
Residential a development agreement—
(Lanewood Subdivision No.4)
PUD)
H. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA, CEDA or DSDA.
SITE DATA:
Total Acreage of Site—80.23 acres
Total Number of Lots— 169
Residential— 140
Commercial—0
Industrial—0
Common—29
Total Number of Units—
Single-family— 140
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 1.74 dwelling units per acre 1.74 dwelling units per
acre(as limited within the
development agreement)
Minimum Lot Size *10,000 square feet 17,000 square feet
Minimum Lot Width 75 feet 75 feet
Minimum Street Frontage 40 feet 35 feet
Total Acreage of Common Area 22.27 acres 16 acres
Open Space
Percent of Site as Common Area 32.80% 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 60.8% 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.
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The landscape plan, dated March 8, 2022, shows a seventy-five foot (75') wide landscape buffer
along the westerly property line fronting Linder Road, a fifty foot (50') wide landscape buffer along
the southerly property line fronting Floating Feather Road,and a thirty-five foot(35')wide landscape
buffer along the easterly property line fronting Park Lane in accordance with Eagle City Code 8-2A-
7-J.
The berm height proposed along Linder Road is seven feet (7'). Per Eagle City Code 8-2A-7(J),
minimum berm height along a major arterial road shall be a minimum of 10 feet and a maximum of
12 feet. The applicant should be required to submit a revised landscape plan showing either an
increase in the height of the berm to 10 feet along Linder Road or the inclusion of a 3 foot tall
decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall on the top
of the berm to achieve the required 10 foot minimum height of a buffer along a major arterial prior to
submittal of a design review application.
Open Space:
A total of 13.67 acres of open space is proposed within the common lots and another 8.8 acres is
proposed within landscape islands and buffers,which totals 22.48 acres or 28%of the site. Eagle City
Code requires a minimum of 20%open space,which the application exceeds.
Through the development agreement in lieu of a PUD, the applicant is requesting a reduction of lot
sizes below the 17,000 square feet required by code for the R-2 zone. This is allowed with an
offsetting increase in open space. The required offsetting increase in open space increases the
required open space for the application to 21.97 acres,which the applicant is also exceeding.
Eagle City Code requires that 15%of all open space is active. The applicant is proposing many active
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amenities including: pickleball courts, a playground, BBQ and gazebo gathering areas, a pool and spa
with on-site restroom and changing areas, ponds with access for paddle boarding and other active
uses,and extensive trails,pathways, and benches. The total active open space is 13.67 acres,or 60.8%
of the open space area,which is well is excess of the code requirements.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be
developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be graded 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.
K. STREET DESIGN:
Streets:
The applicant is propsoing a combination of public and private streets,the majority of which will be
public. Two culdesacs are proposed,both to be private and gated and,are located in the northern
portion of the plat.The toal number of lots to access off the private streets is eleven,which is less
than 10%of the total residential units proposed.Per Eagle City Code, at the discretion of the Coucnil,
private streets may be permitted provided they access no more than 10%of the lots.
Access will be taken from Park Lane and Flaoting Feather Road,as well as through Livemo Avenue
to the north(Bella Terra Subdivision No.2).The street sections for all streets are provided as follows:
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SD'CO SIGN LOT FLOATING FEATHER 39'FLOATING FEATHER ROAD CENTER
R 75'COMI&l:J LOT UNDER ROAD ROW SD'LINGER ROAD LINE UNDER
FLOATING FEATHER
VARIES. t0' VARJES VARIES CUT LINE vARtES
1.75Z 0.25 ■ IIMINIGRAL}l
3 Oy25% reitER MN.2 FEET CUT
STING EDGE
f 2% rr --EXISTING 28 OF PA c'.wew a� 2 0• Sl��
s'OF-3/4•BASE /( °'�
5'RISE 5•THICK CONCRETE SIDEWALKHD(AC SD 709) SOD I. .U.3( ,�-•-
WI 1'-0•MIS FLAT LANDING EITHER SIDE Al I 3•ASPHALT PAVEMENT
SIDEWALK ELEVATION TO MATCH ROAD CENTERLINE SOD SIDE SLOPE
ONLY(THS SIDE). 'fie a•-3/4•AGGREGATE BASE
DO NOT COVER SAND 26•-8•PIT RUN
WINDOW 12 I EXTEND 1•MINUS AND MATCH EXISTING LINDER RD
BORROW OITCH: 2 a3'SAND WINDOW WHERE SPECIFlE -' VITRUN 6'PAST CURB. STRUCTURAL SECTION IF
STORAGE VOWME-14 CUTE/LF I CTYP) LARGER TWAN SPECIFIED
SAND Nff➢_TRATION RATE-6 PJMR ALONG FRONTAGE PER ACM 8. L6.OF 3/i
(INFILTRATION WINDOW TO EXTEND A MINUS SHOULDER
MIN OF I'INTO FREE DRAINING GRAVEL SIDE SLOPES
MATERIAL) ONLY(THIS SIDE).
NOTE. DITCH MAST DRAIN TO WINDOWS DO NOT COVER SAND
R)E MIN SLOPE.DRAIN ARROWS 9WIN WINDOW
W PLAN VIEW.
UNDER ROAD - FLOATING FEATHER ROAD WIDENING
TYPICAL SECTION
NOT TO SCALE
13'-O- ROW 50.-0" ROW \MONTERO
SIDEWALK
EASEMENT
2._0. 5'-0'I 8'-0" 42'-O- 5'-0- _1•_O-
I I c
I 18-6 I 25-6"
2'-o-
I 10'-0"I 10'-0-
PUID , - 14'-6" I 23•-6- .{I PUIO
I EASEMENT I EASEMENT
;SW SIDE ONLY V SIDE ONLY!
I -•-- SLOPE 2.00% SLOPE 2.00% y I
5' WOE 5'THICK CONCRETE 5' WIDE 5'THICK CONCRETE
SIDEWALK (ACHD SD 709) 2 1/2-ASPHALT SIDEWALK (ACHD SD 709)
4'- 3/4' MINUS CRUSHED PAVEMENT 4' - 3/4" MINUS CRUSHED
GRAM. (COMPACTION REQUIRED) 4' - 3/4" MINUS GRAVEL(COMPACTION REO'D)
CRUSHED GRAVEL STANDARD ROLLED OR 6'VERTICAL
5 F RIGHT—OF—WAY
EXTEND GRAvn1.AND CURB & GLITTER (TIP.) AS PER
TYPICAL STREET SECTION PIT RUN 6- PAST PLANS
NOT TO SCALE CURB. (l W.) 12" - 6" MINUS PIT RUN
1
ROW ROW
I5•-D• s7-o _ 15.-0• wAI WELDON
ASEMESIDEWALK
SIDLK
T I EASEMENT MONTERO
54'-O
5'-0• B•-0• 21.-0• I 21.-0• e'-0• 5'-0•
ipUII 1.75% 3-0' 2'-O i 19'-0• K t9'-0• I I
(VARIES) 2•-0 ]'-0• I 1.75% 1q UN
E
T
3 0.25% t025%
.._�S Y �<1 L•1 --2% 27. �,S( O(NIY'. -
4 OF 3/4•BASE
S'WIDE 5'THICK CONCRETE 6•VERTICAL CURB(NO
SIDEWALK(ACHD SD 709) GUTTER) PER ISP'NC
SD-701A.BACKFlLL PER
ISPWC SD-706
EXTEN .MINUS AND
PTTRUND61 PAST CURB. 2$ ASPHALT PAVEMENT PITRUN 6•PIASTSCURO
(T'P-) 47-3/4•AGGREGATE BASE )
STANDARD ROLLED OR 6"VERTICAL -t2'-6•PIT RUN STANDARD ROLLED OR 6•VERTICAL
--CURB&GUTTER(TP.)AS PEA CURB&GUTTER(TYP.)AS PER
PLANS PLANS
ENTRY DRIVE AND ISLAND
SECTION
NOT TO SCALE
J
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3-0 Ua 37-0 RCM "-0 I MONTEROSSA
SIDEWALK SIDEWALK
EASEMENT `A4ywNT PIAFFE
FRENCHGLEN
2'-0• s'-0•�8'-0' 33'-0' B'_0_ 5'-0 z•—D• , TUSCALANO
I6'-6• 16'-6 2•-0" i SHOESHONE FALLS
a'-o 0-0 �' NOLINA
Pulp 14'-6' 1a'-6" POD I
EASEN EASEMENT I LIVORNO
M
SW SIDE 0 LY I S1 SIDE ONLII
1 f SLOPE 2.00% SLOPE 2.00% -.-
5' 670E 5'THICK CONCRETE
SIDEWALK (ACHE)SD 709) 5' WIDE 5'THICK CONCRETE
2 1/2"ASPHALT SIDEWALK (ACHE) 50 709)
4"- 3/4'MINUS CRUSHED PAVEMENT 4' - 3/4'MINUS CRUSHED
GRAVEL (COMPACTION REQUIRED) 4'- 3/4"MINUS GRAVEL(COMPACTION REO•D)
CRUSHED GRAVEL STANDARD ROLLED OR 6"VERTICAL
37' RIGHT—OF—WAY EXTEND GRAVEL AND CURB&GUTTER ('r'P.)AS PER
TYPICAL STREET SECTION PR RUN 6' PAST PLANS
NOT TO CCdI F CURB. Cro'') 12 - 6"MINUS PIT RUN
8
._0. ROW 47.-0" ROW 8,_0,
E.SIDEWALK SIDEWALK! WELDO
EASEMENT MONTERO
EASEMENT`
i 2,_0. ! 5'-0•IB'-0" 33.1-0" _ B'-0' 5'-o" II I 2,-0,
c
! ! 1•-0• --0' 16.-6" I 16'-6. T-D , !
!
I0-0•I 14'-6" II0'-0" _'i
14'-6' I PUID I
!SW ESAISDU EI IF.AFMENT
I SIDE ONLY!
— SLOPE 2.00% SLOPE 2.00% +
5'WIDE 5'THICK CONCRETE
SIDEWALK (ACHE)SD 709) 5' WIDE 5'THICK CONCRETE
2 1/2"ASPHALT SIDEWALK (ACHE)SD 709)
4"- 3/4'MINUS CRUSHED PAVEMENT 4"- 3/4•MINUS CRUSHED
GRAVEL(COMPACTION REQUIRED)
4"- 3/4"MINUS GRAVEL(COMPACTION RECO)
CRUSHED GRAVEL STANDARD ROLLED OR 6"VERTICAL
47' RIGHT—OF—WAY
L TYPICAL STREET SECTION RUN 6"PAST PPLAANNS& GUTTER (TP.)AS PER
NOT TO SCALE CURB. (TYP') 12"- 6"MINUS PR RUN
Blocks Less Than 500': Five blocks are proposed that are less than 500 feet each. Each of these
blocks are approximately 250 feet in length each. They are created by loop roads that separate them
from the larger blocks. Three of the blocks (Blocks 4, 5, and 9) are squares with four residential lots
each,while the other two blocks(Blocks 6 and 8)are comprised entirely of common area.
Cul-de-sac Design: Two (2)cul-de-sacs are proposed of approximately 300 feet in length each. Each
of these cul-de-sacs is private and gated.
Sidewalks:
Detached 10-foot-wide concrete sidewalks are proposed along Linder Road and Floating Feather
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.
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 fmal 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.
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L. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
The landscape plan dated March 8, 2022, shows four types of pathways: amenity pathway
connections, perimeter pathways, spine road pathways, and residential street pedestrian pathways.
The Parks, Pathways, and Recreation Commission recommended approval of the application on
February 17, 2022, with conditions as described in the attached Parks, Pathways, and Recreation
Commission Recommendation.
M. PUBLIC USES PROPOSED:Public pathways as outlined above.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site will be annexed into the Eagle Sewer District and the developer will install sewer
infrastructure within the site to accommodate the development. A sewer main line is located in Linder
Road.
Water will be provided by Suez Water, which is located in Park Lane, Linder Road, and Floating
Feather Road.
Emergency services will be available through the Eagle Police Department,which contracted through
Ada County, and the Eagle Fire District. The nearest fire station is less than 0.5 miles from the site.
The site abuts Park Lane, Floating Feather, and Linder Road; all major public streets, which will
allow for disbursement of traffic.
Storm water will be designed in accordance with City of Eagle and ACHD requirements.
A traffic impact study has been completed and has been reviewed and approved by ACHD and the
developer is required to comply with all requirements of the traffic study and ACHD.
P. 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—no
Unique Plant Life—no
Unstable Soils—no
Wildlife Habitat—no
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):
Not required.The site is already disturbed and is currently used for agriculture.
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 letter dated March 21, 2022, are of special
concern(attached to staff report).
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
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Superintendent's memo dated February 24,2022,are of special concern(attached to staff report).
Ada County Development Services
Ada County Highway District
Ballentyne Ditch
Central District Health Department
COMPASS (Communities in Motion 2040)
Department of Environmental Quality
Eagle Fire Department
Idaho Department of Fish and Game
Marathon Pipe Line,LLC
S. LETTERS FROM THE PUBLIC(attached to staff report):
One letter has been received by a property owner from the neighborhood to the north stating their
concern for increased traffic and congestion in the area. If approved, they would like to request
that a buffer area be placed along the norther boundary of the development between the two
subdivisions.
T. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The subdivision will be plated in three phases. Construction of the 52 residences in Phase 1 will
be during the summer of 2023, with an additional 72 residences in 2024, and the final 16
residences in 2025.
U. 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. 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.
V. FISCAL IMPACT ANALYSIS:
See Developer Data Table, received by the City on December 16, 2021, along with the analysis
table(attached to staff report).
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
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.
Residential Transitional Overlay
Residential development that provides for a transition between land use categories and uses.
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Commonly requires a transition/change in density, lot sizing, and building scaling with a specific
parcel or project. Base densities may be reduced,or units may be clustered to increase open space
within a portion of a site when property is in this overlay. Neighborhood design will be
paramount in this overlay to ensure appropriate transition between uses.
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. 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.
P PLANNED UNIT DEVELOPMENT:This designation, following any zoning designation
noted on the official zoning map of the city(i.e.,R-4-P), indicates that the development was
approved by the city as a planned unit development.Density transfers may have been permitted
as a part of the overall development.
DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted
on the official zoning map of the city(i.e.,C-2-DA),indicates that the zoning was approved by
the city with a development agreement. Specific provisions, as may have been incorporated
within the development agreement,are applicable to development within this zoning designation.
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• 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
required shade tree may be substituted with two(2)flowering/omamental trees,provided that not
more than fifty percent(50%)of the shade trees are substituted.
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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.
c. Any road designated as a principal arterial on the master street map typologies map in the
Eagle comprehensive plan:
A minimum of seventy five feet(75')wide buffer area(not including right of way)shall be
provided with the following plants per one hundred(100)linear feet of right of way: six(6)shade
trees,ten(10)evergreen trees,four(4)flowering/ornamental trees,and twenty four(24)shrubs.
Each required shade tree may be substituted with two(2)flowering/ornamental trees,provided
that not more than fifty percent(50%)of the shade trees are substituted.
A minimum ten foot(10')high,maximum twelve foot(12')high,berm,decorative block wall,
cultured stone,decorative rock,or similarly designed concrete wall,or combination thereof shall
be provided within the buffer area. The maximum slope for any berm shall be three feet(3')
horizontal distance to one foot(1')vertical distance. If a decorative block wall,cultured stone,
decorative rock,or similarly designed concrete wall is to be provided,in combination with the
berm,a four foot(4')wide flat area shall be provided for the placement of the decorative wall.
Chainlink,cedar,and similar high maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code Section 8-3-3: Supplemental Yard and Height Regulations:
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.
• 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.
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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
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
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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
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.
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3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer,all traffic signs needed for the project,including,but not
limited to, designated parking and "no parking" areas, speed, stop, and such other
signs as are required for safe pedestrian and vehicle travel.
5. All private streets shall, during the progress of construction,be inspected and tested, at
the expense of the owner or developer, by a qualified inspector in order to ensure
compliance with the construction and design standards set forth in this section, the
construction drawings as prepared by the registered professional engineer, and good
engineering and construction practices. Reports of such inspections and tests shall be
submitted, together with a certification of such compliance, for the review and
approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public right
of way,or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of
this chapter and subject to the approval of the Eagle fire district and city engineer
and provided further that proper maintenance of the island is provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle
fire district and the city engineer;or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer,and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared
by a licensed professional engineer in the state in substantial conformance with
engineering and design standards in effect at the time of preparation of the design.
Construction drawings, together with a certification of such conformity, shall be
submitted for the review and approval by the city engineer.No part of this section shall
be construed as allowing a private street that is not in conformance with current
engineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more restrictive
standard shall prevail,unless specifically determined otherwise by the city council.
C. Access And Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets as follows:
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
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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
certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private street approved in accordance
with the provisions of this section to undertake such repair and maintenance activities
as it may determine is necessary to protect the public health, safety, or welfare and
make such expenditures from the funds reserved therefor as may be required thereby;
and the owner or responsible entity shall, as a condition of approval of any such private
street, be deemed to have agreed to comply with any such order and to reimburse the
city all of its costs, including attorney fees, incurred in obtaining or enforcing any such
order. Any order entered by the council pursuant to this subsection may be enforced by
a court of competent jurisdiction and the city shall be entitled to recover its costs and
attorney fees incurred in connection therewith.
D. Conformity To Comprehensive Plan:All private streets shall,in all respects, conform to
all applicable components of the comprehensive plan.
E. Waiver: The council may waive or modify any of the standards or requirements of this
section when the private streets have been determined to be an integral element of the
overall plan and scheme of the development or will serve to enhance the overall
development; provided, however, that any such waiver shall not be injurious to public
health or safety.
• Eagle City Code Section 9-3-10:Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material, unless the fence is located on the property line between the required roadway
buffer area and the residential lot, in which case the fence may be a solid wood picture frame or
premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed
so that the fence is visible from the adjacent roadway, then the fence shall include
decorative columns spaced a maximum of sixty feet (60') apart. Specific buffer area fences and
decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain
link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within
the above designated areas. A section within the subdivision CC&Rs shall be created for the
regulation of fences to this effect.
• Eagle City Code Section 9-4-1-5: 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
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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)
• 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.
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 Fl 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)
• 9-4-1-8: UNDERGROUND UTILITIES:
Underground utilities are required. (Ord. 566,5-15-2007)
• 9-4-1-12: LANDSCAPE BUFFER AREAS:
Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for 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)
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D. DISCUSSION (Based on the Preliminary Plat/PUD received by the City on March 1, 2022):
• The applicant is requesting an annexation and rezone to R-2-DA (up to two units per acre) of
80.23 acres located on Floating Feather Road,between Linder Road and Park Lane. The applicant
is also requesting a preliminary plat for Farmstead Landing Subdivision, a 169-lot subdivision
(140 residential, 29 common). 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 Neighborhood
Residential with a transition overly,which forecasts densities of 2-4 units per acre. The proposed
Farmstead Landing Subdivision has an overall density of 1.74 units per acre.
• Lots range in size from 10,000 square feet to 38,496 square feet, with the majority being in the
10,000 to 20,000 square foot range, and the majority of the larger lots being off the private cul-
de-sacs.
• 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.
*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
Front(garage) 25-feet from back of sidewalk(front-load garage)
Rear 25-feet
Interior Side 7.5-feet(first story)5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 50%
*Due to the sidewalks being located within the individual parcels, an increased setback from the
front property line for some parcels to allow for garage to be setback 25 feet from back of
sidewalk should be required 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 10,000 square feet, through the development
agreement in lieu of a PUD. The applicant has taken this into account when providing open space
and the required offsetting open space has been met and exceeded.
• Per the City's Pressurized Irrigation Standards, a minimum 30-foot perimeter easement from the
top of bank shall be required for maintenance of all storage ponds used for irrigation. As part of
the development agreement in lieu of a planned unit development, the applicant is requesting the
easement around the two ponds be reduced to 12 feet. The ponds are not needed for irrigation
storage but instead irrigation water flows through to increase water flow and reduced stagnation.
The ponds have good access from multiple points from streets to the ponds and a full 30 feet is
not required to gain access to the pond edges for maintenance.
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• The subdivision, as proposed, is designed to include pedestrian sidewalks and pathways that
create a thorough network of internal connections that promote access to the wide variety of
active amenities. The site was reviewed by the Pathways, Parks and Recreation Commission on
February 17, 2022 where they made their recommendation. The owner should be required to
incorporate the recommendations made by the PPRC into the fmal plat drawings prior to
submittal of the final plat application.
• The berm height proposed along Linder Road is seven feet (7'). Per Eagle City Code 8-2A-7(J),
minimum berm height along a major arterial road is required to be a minimum of 10 feet and a
maximum of 12 feet. The applicant should be required to submit a revised landscape plan
showing either an increase in the height of the berm to 10 feet along Linder Road or the inclusion
of a 3 foot tall decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall on the top of the berm to achieve the required 10 foot minimum height of a buffer
along a major arterial prior to submittal of a design review application.
• The applicant has provided a landscape plan showing a 6 foot high decorative wooden privacy
fence behind the landscaped berm and buffer areas along the perimeter of the subdivision on the
east,west, and south.Per Eagle City Code 8-2A-7(J),chain-link,cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted.All fencing materials should be in
compliance with City Code and be reviewed and approved by the Design Review Board prior to
submittal of a final plat application.
• To allow for the future installation of municipal fiber-optic cable,the applicant should 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 fmal
plat.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on May
16, 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 favor of the applications was presented to the Planning and Zoning Commission by
no one other than the applicants representative.
C. Oral testimony in opposition to the applications was presented to the Planning and Zoning
Commission by one (1) individual. The primary concern expressed was regarding the impacts of the
development on groundwater levels, additional traffic in the area, and whether the Traffic Impact
Study was adequate.
D. Oral testimony neither in favor of nor opposition to the applications was presented to the Planning
and Zoning Commission by one (1) individual who asked about receiving hard copies of the
application materials.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission made a motion based up on 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-12-21/RZ-18-21 for an
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annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to R-2-DA
(Residential with a development agreement [in lieu of a PUD]) with the following staff recommended
conditions to be placed within a development agreement with underline text to be added by the
Commission.
3.1 The maximum density for the Property shall be 1.74 dwelling units per acre (140 single family
residential 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 fmal 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 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, roads, 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 approved by the Design Review Board.
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
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(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 fmal 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 fmal plat application. Owner shall comply with all applicable Eagle Sewer
District's regulations and conditions prior to the submittal of a fmal plat application. Prior to
issuance of any building permits, Owner shall provide proof of central sewer service to the
proposed residential use.
3.8 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.
3.9 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit"C".
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 "C". 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.
3.10 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.
3.11 The applicant shall be required to comply with the Eagle Parks, Pathways, and Recreation
Commission's pathway recommendations (Exhibit D), as identified in the Trails and Pathway
Superintendent's memo,dated April 21,2021.
3.12 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.
3.13 The setbacks and lot coverage shall be as follows:
Front(living) 30-feet
Front(garage) 25-feet from back of sidewalk(front-load garage)
Rear 25-feet
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Interior Side 7.5-feet(first story)5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 50%
3.14 The applicant is permitted two private cul-de-sacs to access 11 lots.
3.15 The pond access easements around each pond may be reduced to 12 feet in width.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 0 (Wright absent)to recommend approval of PP-19-21 for a preliminary plat
for Farmstead Landing Subdivision with the following staff recommended site specific conditions of
approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-18-21.
2. 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 fmal plat and/or upon receipt of an invoice
by the City,whichever occurs first.
3. The applicant shall comply with all requirements of the City Engineer.
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. 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).
6. 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)
7. The Farmstead Landing Subdivision shall remain under the control of one Homeowners Association.
(ECC 9-3-8[D][4])
8. 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.
9. 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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10. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of fmal development plan and fmal plat applications.
11. 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.
12. The applicant shall adhere to all conditions recommended by the Eagle Parks,Pathways, and
Recreation Commission.
13. The applicant shall modify plat note 13 of the preliminary plat addressing common lots on the fmal
plat to include the language "The common lots are subject to a blanket public utility, drainage, and
irrigation easement.Driveways are prohibited across all common lots."
14. The applicant shall modify plat note 13 of the preliminary plat addressing common lots on the final
plat to ensure that the common lot numbering accurately corresponds to the common lots identified in
the final plat notes.
15. The applicant shall include a note on the fmal plat stating "This subdivision is subject to the terms of
ACHD license Agreement Instrument No.
16. The applicant shall update the curve table on the final plat to ensure that it accurately represents all
curve lengths on the final plat.
17. The applicant shall submit a revised landscape plan showing either an increase in the height of the
berm to 10 feet along Linder Road or the inclusion of a 3 foot tall decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall on the top of the berm to achieve the
required 10 foot minimum height of a buffer along a major arterial prior to submittal of a design
review application.
18. All fencing materials shall be in compliance with City Code and be reviewed and approved by the
Design Review Board prior to submittal of a final plat application.
19. The applicant shall revise the landscape plan to include a 10 foot wide detached sidewalk along
Linder Road and Floating Feather Road in accordance with ACHD's site specific conditions of
approval.
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 fmal 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
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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
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
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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
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.
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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
fmal 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 fmal 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 fmal 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 fmal
plat.
27. Basements in homes in the flood plain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules,regulations,ordinances,plans,or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest submits application to the City of Eagle for a
change to the planned use of the subject property.
30. No public board, agency, commission, official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements required by the Eagle City Code
Title 9 "Land Subdivisions"until the 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 fmal 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.
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31. 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.
32. Prior to submitting the fmal 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 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.
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 Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-12-21/RZ-18-21) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of R-2-DA (Residential-up to two units per acre with a
Development Agreement) is consistent with the Neighborhood Residential with Transition
Overlay designation as shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. The proposed R-2-DA (Residential-up to two units per acre with a Development Agreement)
zoning district is compatible with the R-2-P (Residential two units per acre PUD) zone and land
use to the north since that area has been developed with lots of similar size;
d. The proposed R-2-DA (Residential-up to two units per acre with a Development Agreement)
zoning district is compatible with the RUT (Rural-Urban Transition—Ada County designation)
and Rl (Residential—Ada County Designation) zone and land use to the south since that area is
also designated as Neighborhood Residential with a Transition Overlay on the Comprehensive
Plan Land Use Map;
e. The proposed R-2-DA (Residential-up to two units per acre with a Development Agreement)
zoning district is compatible with the Rl (Residential — Ada County Designation) and R-E
(Residential Estates)zone and land use to the east since that area has been developed with lots of
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similar size and contains other uses compatible with a residential area including an elementary
school;
f. The proposed R-2-DA (Residential-up to two units per acre with a Development Agreement)
zoning district is compatible with the R-3-DA-P (Residential 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 so not to create a non-
conforming use with the R-2 zone.
2. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-19-21) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9(Subdivisions)because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document and the proposed residential use is in
accordance with the residential land use designation of this area shown within the
Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets,police and
fire protection, schools, drainage structures, refuse disposal,water and sewer;or that the persons
or agencies responsible for the establishment of the proposed use shall be able to provide
adequately any such services, as noted in the documentation provided from said agencies and as
required as a part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle Fire District,
Eagle Sewer District,and United Water Company as conditioned herein,there is adequate public
financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of approval as
set forth within the conditions of approval herein.
DATED this 6th day of June,2022.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
Trent Wright,Chairman
C .,
jEST. ••S•• *x cc x :y Os►1 1,Eagle City C1e i 0 % Q' �'=4
• 4tG.ok•:
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