Findings - PZ - 2022 - A-11-21/RZ-17-21/CU-11-21/PPUD-08-21/PP-18-21 - Soaring Feather Subdivision - Annexation, Rezone From Rut To R-2-Da-P And R-E, Conditional Use Permit, Preliminary Plat, And Preliminary Development Plan 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-P )
(RESIDENTIAL WITH A DEVELOPMENT )
AGREEMENT AND PUD)AND R-E )
RESIDENTIAL-ESTATES), CONDITIONAL USE )
PERMIT,PRELIMINARY PLAT,AND )
PRELIMINARY DEVELOPMENT PLAN FOR )
SOARING FEATHER SUBDIVISION FOR )
SHERIDAN HODSON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-11-21/RZ-17-21/CU-i 1-21/PPUD-08-21/PP-18-21
The above-entitled annexation, rezone with a development agreement, conditional use permit, preliminary
plat and preliminary development plan applications came before the Eagle Planning and Zoning
Commission for their recommendation on June 6, 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:
Sheridan Hodson, represented by Katie Miller of Bailey Engineering, is requesting an annexation
and rezone from RUT(Rural-Urban Transition—Ada County designation) to R-E and R-2-DA-P
(Residential-two units per acre with a Development Agreement - PUD), conditional use permit,
preliminary development plan, and preliminary plat approvals for Soaring Feather Ranch, a 32-lot
(28-single family, 3-common, and 1-commercial) subdivision. The 17-acre site is located
approximately 2,000 feet south of Beacon Light Road between Linder Road and Park Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, on Monday, October 26, 2021. The applications
for this item were received by the City of Eagle on December 16, 2021. Revised materials were
provided March 21 st, and May 31st, 2022. After review it was determined that the neighborhood
meeting notice was inadequate and a second neighborhood meeting was held on May 17, 2022 in
compliance with the application submittal requirement of Eagle City Code
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on January 3, 2022, 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 May 20, 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 May 20, 2022. The site was posted in accordance with the Eagle
City Code on May 26, 2022.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None.
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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 RUT(Rural-Urban Agricultural
Residential w/ Transition—Ada County
Transition Overlay designation)
Proposed No Change R-2-DA-P(Residential Single-Family Residential
with a development Planned Unit Development
agreement—PUD) and and Commercial Riding
R-E-DA-P(Residential- Stables(existing)
Estates with a
development agreement
and PUD)
North of site Neighborhood RUT(Rural-Urban Single Family Residential
Residential w/ Transition—Ada County (Callaway Ranch
Transition Overlay designation)and Subdivision)
R1(Residential—Ada
County Designation)
South of site Neighborhood R-2-DA-P(Residential Single Family Residential
Residential w/ with a development (Bella Terra Subdivision)
Transition Overlay agreement—PUD)
East of site Neighborhood RUT(Rural-Urban Single Family Residential
Residential w/ Transition—Ada County and Agricultural
Transition Overlay designation)
West of site Neighborhood RUT(Rural-Urban Single Family Residential
Residential w/ Transition—Ada County
Transition Overlay designation)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site— 17 acres
Total Number of Lots—32 lots
Residential—28
Commercial— 1 (R-E zoned riding stables)
Industrial— 0
Common—3
Total Number of Units—
Single-family—28
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 1.65 dwelling units per acre 1.65 dwelling units per
across the entire PUD acre across the entire
(2.01 units per acre excluding PUD(as limited within
the commercial equestrian the development
center parcel) agreement)
Minimum Lot Size *10,151 square feet 17,000 square feet
Minimum Lot Width 80 feet 75 feet
Minimum Street Frontage 60 feet 35 feet
Total Acreage of Common Area 3.82 acres 3.79 acres
Open Space
Percent of Site as Common Area 27.5% 27.2% (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 16.5% 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.
I. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat landscape plan, date stamped by the City on May 31, 2022, shows 95 trees
proposed in the common area in accordance with Eagle City Code based on the square footage of the
common area lot. Types and locations of plants will be further reviewed during the design review
application. Soaring Feather does not front any major roadways and therefore does not require any
buffer areas.
Open Space:
Even though no buffer area is required, because the application is for a Planned Unit Development
(PUD) the applicant is required to have a minimum 20% open space. The applicant is also using the
PUD to request reduced lot sizes below the standard R-2 minimum size of 17,000 square feet.
Therefore, the applicant is required to include an offsetting increase in open space in the amount of
2.4 acres to account for the reduced lot sizes in addition to a base 10% for a total of 3.79 acres of
required open space.
The applicant has taken the offsetting increase in open space into account (2.4 acres) and has
provided 3.82 acres of open space (inclusive of planter strips), or 27.5% open space. Of the 3.82
acres, 16.5% will be active open space with internal pathways crossing through the common area
connecting both cul-de-sacs.
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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 some existing trees on site around the existing riding stables and house, which will be
preserved and protected to the greatest extent possible.
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: The development takes access from a North Bella Strada Way on the south (Bella
Terra Subdivision), West Strant Drive on the east(Brush Creek Subdivision), and will provide a stub
street on the west.
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37' RIGHT—OF—WAY IT T-
TYPICAL. STRFFT SECTION
NoT T'% SCALE
Applicant's Justification for Private Streets(if proposed):None proposed.
Blocks Less Than 500':None proposed.
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Cul-de-sac Design:
Two (2) cul-de-sacs are proposed of approximately 300 and 400 feet respectively. Per Eagle City
Code Section 9-3-2-1(G)cul-de-sac streets are permitted but shall not be more than 750 feet in length.
Sidewalks: The street section for all roads shows and 37 foot wide right-of-way, with a 13 foot wide
sidewalk easement on back of right-of way,to include five(5)foot wide detached sidewalks.
Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are
proposed for all 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 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 proposed design features Community Trails in common areas, and the opportunity to continue
the Marathon pipeline trail alignment from Bella Terra Subdivision. The applications were presented
to the Parks, Pathways, and Recreation Commission on March 17, 2022, and they recommended
approval with conditions as described in the attached PPRC Memo dated March 18, 2022.
Bike Paths:
Eagle City Code Section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as
part of the public right-of-way or separate easement, as may be specified by the City Council.
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(Veolia 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—yes
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
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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 April 17, 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 March 18, 2022, are of special concern(attached to staff report).
Ada County Highway District
Ballentyne Ditch Company
Central District Health Department
COMPASS(Communities in Motion 2040)
Department of Environmental Quality
Eagle Fire Department
Marathon Pipe Line, LLC
R. LETTERS FROM THE PUBLIC:
One letter has been received from the adjacent Callaway Ranch Homeowners' Association
requesting that a condition of development for Soaring Feather be that they include a sewer
easement across their development to allow the extension of sewer infrastructure to Callaway
Ranch(attached to staff report).
S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The development will proceed as one phase contingent on the timeline for approval of
applications and engineering plans.
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,
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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
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, received by the City on December 16, 2021, along with the analysis
table(attached to staff report).
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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.
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.
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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.
• Eagle City Code Section 8-2-3: Schedule of District Regulations:
Land Uses Districts
A A-R R-E R L-O C-A C-1 C-2 C-3 CBD M-1 BP M-2 M-3 PS MU
Riding academiesrstables P C C C
• 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 8-7-3-5: 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:
• Eagle City Code Section 9-3-2-1: LOCATION AND DESIGN:
Street and road location and design shall conform to the following standards:
A. Street Location And Arrangements: When an official street plan or comprehensive
development plan has been adopted, subdivision streets shall conform to such plans.
B. Minor Streets: Minor streets shall be so arranged as to discourage their use by through
traffic.
C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new
subdivisions shall be such that said streets extend to the boundary line of the tract to make
provisions for the future extension of said streets into adjacent areas, and shall have a cul-
de-sac or temporary cul-de-sac. A reserve street may be required and held in public
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ownership.
D. Relation To Topography: Streets shall be arranged in proper relation to topography so as to
result in usable lots, safe streets and acceptable gradients.
E. Public alleys shall be approved by the Ada County Highway District and Eagle Fire District.
Dead end public alleys shall be prohibited in all cases. Private alleys shall be approved by
the Eagle Fire District and shall be in compliance with private alley regulations provided
for within this Title.
F. Frontage Roads: Where a subdivision abuts or contains an arterial street, it shall be required
that there be frontage roads approximately parallel to and on each side of such arterial
street; or, such other treatment as is necessary for the adequate protection of residential
properties and to separate through traffic from local traffic.
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet(750')
in length and shall terminate with an adequate circular turnaround having a minimum
radius of fifty feet(50') of right of way including a landscape island with a minimum radius
of ten feet (10'). A minimum of forty feet (40') of pavement shall be provided between the
landscape island and the outside edge of the street as measured from the face of curb of the
island to the face of curb located on the outside edge of the street. One traffic control sign
stating that on street parking is prohibited within the turnaround shall be installed at the
entrance of the turnaround on the driver's side of the street. The following exceptions may
be considered by the council:
1. Alternative types of turnarounds for cul-de-sacs which will provide access to less
than thirteen (13) dwelling units may be permitted by the city if approved by the
fire department and the highway district having jurisdiction.
2. In zoning districts which prohibit densities greater than one dwelling unit per two
(2) acres, cul-de-sac streets up to a maximum of one thousand five hundred feet
(1,500') in length may be permitted by the city if approved by the fire department
and the highway district having jurisdiction. No more than twenty (20) dwelling
units shall be permitted on said cul-de-sac.
3. In zoning districts which prohibit densities greater than one dwelling unit per five
(5) acres, cul-de-sac streets up to a maximum of two thousand eight hundred feet
(2,800') in length may be permitted by the city if approved by the fire department
and the highway district having jurisdiction. No more than twenty (20) dwelling
units shall be permitted on said cul-de-sac.
H. Half Streets: Half streets shall be prohibited except where unusual circumstances make
such necessary to the reasonable development of a tract in conformance with this title and
where satisfactory assurance for dedication of the remaining part of the street is provided.
Whenever a tract to be subdivided borders on an existing half or partial street, the other part
of the street shall be dedicated within such tract.
I. Private Streets: Private streets that provide access to no more than ten percent (10%) of the
lots may be permitted within planned unit developments provided that the standards within
section 9-3-2-5 of this chapter are met.
J. Driveways: Driveways which provide access to no more than two (2) lots shall be allowed
within any subdivision provided at least one (1) of the lots has the minimum street frontage
required in section 8-2-4 of this code.Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle
Pathway and Sidewalk Regulations:
• Eagle City Code Section 9-4-1-5: Streetlights:
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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)
• 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)
• 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 May 31, 2022):
• The density of the entire PUD is 1.65 dwelling units per acre including the commercial stables
parcel, which is zoned R-E. The density of the R-2 residential portion of the subdivision is (2.01
units per acre if the 3.1-acre stables parcel, identified as Lot 4, is excluded from the calculation.
• The parcel being retained for the existing commercial riding stables is 133,696 square feet. Per
Eagle City Code, commercial riding stables are a conditionally permitted use in the R-E zone.
The stables in question have been used as a riding and boarding facility since 2000 and the
applicant is requesting to be permitted to continue their existing operation as part of the
conditional use permit.
• Lots range in size from 10,151 square feet to 24,883 square feet within the residential portion of
the subdivision. Offsetting increase is open space has been provided to account or the reduced lot
sizes.
• 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
Front(Garage) 36-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.
* 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.
• There is an existing residence on Lot 15 that will be maintained, which is accessed off a shared
driveway across Lot 4. The applicant is requesting modification to their side setback for Lot 15
only, from 10 feet to 7 feet to maintain the existing residence.
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• 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
planned unit development,the applicant is requesting the easement along the font frontage of Lot
15 be reduced to 10 feet to accommodate the existing residence that will be maintained. The pond
has good access from multiple points and a full 30 feet along all sides is not required to gain
access to the pond edges for maintenance.
• 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 and 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 adjacent Callaway Ranch Homeowners' Association has submitted a letter requesting a
sewer line easement across the development. The applicant has agreed to the easement request
with the condition that the Callaway Ranch HOA honor the terms and agreement they have
previously discussed with the Hallman and Short families. The applicant should be required to
show the easement on the final plat and include the instrument number for the recorded easement
agreement on the plat prior to the City Clerk signing the final plat.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on June 6,
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 traffic in the area.
D. Oral testimony neither in favor of nor opposition to the applications was presented to the Planning
and Zoning Commission by two (2) individuals who stated that they were pleased with the developers
efforts to work with the surrounding Homeowners' Associations.
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 (Smith absent) to recommend approval of A-11-21/RZ-17-21 for an
annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to R-2-DA-P
(Residential with a development agreement and a PUD) and R-E (Residential Estates) with the following
staff recommended conditions to be placed within a development agreement with underlined text to be
added by the Commission and strike-through text to be deleted by the commission:
3.1 The maximum density for the Property shall be 1.65 dwelling units per acre (28 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
conditional use permits, if applicable, and any other applicable applications as may be required by
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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 approved by
the Design Review Board.
(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
proposed residential use.
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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 (pedestrian pathways and benches) 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"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.
3.11 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 D), as identified in the Trails and Pathway
Superintendent's memo, dated March 17, 2022.
3.13 Owner shall provide a "Heavy Truck Traffic Plan" (Exhibit E) to be followed by any vehicle or
equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation.
The heavy truck traffic routes shall maximize use of highways and major arterials while
minimizing use of smaller residential streets. The plan will also cite that compression braking is
prohibited everywhere in Ada County.
Owner is responsible for communicating the approved plan to all sub-contractors and for
monitoring compliance.
3.14 Existing structures on Lots 4 and 15 of Blockl, may remain in place. All other existing structures
shall be removed prior to the City Clerk signing the final plat.
3.15 The applicant shall provide a revised preliminary plat and planned unit development plan which
shows a sewer line easement across the northwest corner of the subdivision connecting to
Callaway Ranch Subdivision. The instrument number for the recorded easement agreement shall
be placed on the plat prior to recordation.
3.16 The required setbacks shall be as follows:
Front(living) 30 feet
Front(garage) 36 feet(fr-e*t load garage)
Rear 30 feet
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Interior Sidc 10 feet(first story) 5 feet(each additional story)
Lot 15 Interior Side 7 feet
Street Side 20 feet
Maximum Lot Coverage 40%
3.17 The pond easement within Lot 15 may be reduced to 10 feet in width to accommodate the
existing residence.
3.18 The applicant may maintain the existing commercial equestrian center, including horse stables
and boarding facilities. Any new structures or expansion of the use will require a modification of
their Conditional Use Permit(CU-11-21).
COMMISSION DECISION REGARDING THE PRELIMINARY DEVELOPMENT PLAN,
CONDITIONAL USE PERMIT,AND PRELIMINARY PLAT:
The Commission voted 4 to 0 (Smith absent) to recommend approval of PPUD-08-21/CU-11-21/PP-18-
21 for a preliminary development plan, conditional use permit, and preliminary plat for Soaring Feather
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-17-21.
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.
ECC Section 8 2A 7 (J).
7. The applicant shall provide a license agreement from ACHD approving the landscaping located
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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 Soaring Feather Subdivision shall remain under the control of one Homeowners Association.
10. 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])
11. 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.
12. 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.
13. 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.
14. Plat note 5 shall be revised to state "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 Soaring Feather Subdivision Homeowner's
Association, or its assigns,"prior to submittal of the final plat application.
15. A new plat note shall be included stating "Any re-subdivision of this plat shall comply with the
applicable zoning regulations in effect at the time of re-subdivision," prior to submittal of the final
plat application.
16. A new plat note shall be included stating "This development is subject to Covenants, Conditions,
Restrictions, and Easements (Instrument No. ). The restrictive covenants cannot be modified,
and the Homeowners' Association cannot be dissolved without the express consent of the City of
Eagle,"prior to submittal of the final plat application.
17. Plat Note 7 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."
18. A new plat note shall be included stating"Lot 15 is conveyed the perpetual right of ingress and egress
over Lot 4 via the shared private drive described and shown as a 20 foot access easement,"prior to
submittal of the final plat application.
19. The applicant shall adhere to all conditions recommended by the Eagle Parks, Pathways, and
Recreation Commission.
20. The required setbacks shall be as follows:
Front(living) 30-feet
Front(garage) 36-feet(front-load gara e)
Rear 30-feet
Interior Side 10-feet(first story) 5-feet(each additional story)
Lot 15 Interior Side 7-feet
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Street Side 20-feet
Maximum Lot Coverage 40%
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the
plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not be
necessary.
4. 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.
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11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way
unless such obstruction, rerouting, covering or changing has first been approved in writing by the
entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise
changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of
water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not
otherwise injure any person or persons using or interested in such ditch or their property; and (3)
satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and
certification shall be filed with the construction drawing and submitted to the City Engineer prior to
the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or
drain, used for irrigation water or irrigation waste water without the express written approval of the
organized irrigation district, canal company,ditch association, drainage district,drainage entity or
other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
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.
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d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas,
storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved
by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of structures,
grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the
City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
20. 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.
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29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest submits application to the City of Eagle for a
change to the planned use of the subject property.
30. No public board, agency, commission, official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements required by the Eagle City Code
Title 9 "Land Subdivisions"until the final plat has received the approval of the City Council (ECC 9-
6-5 (A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit,Certificate of Deposit, cash deposit or certified 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 Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-11-21/RZ-17-21) 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:
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a. The requested zoning designation of R-2-DA-P (Residential-up to two units per acre with a
Development Agreement and PUD) and R-E (Residential-Estates) 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-P (Residential-up to two units per acre with a Development Agreement
and PUD) and R-E(Residential-Estates)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
and PUD) and R-E (Residential-Estates) zoning district is compatible with the R-2-DA-P
(Residential-up to two units per acre with a Development Agreement and 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
and PUD) and R-E (Residential-Estates)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 is
used for single family residential;
f. The proposed R-2-DA-P (Residential-up to two units per acre with a Development Agreement
and PUD) and R-E(Residential-Estates)zoning district is compatible with the RUT(Rural-Urban
Transition — Ada County Designation) zone and land use to the west since that area is used for
single family residential;
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
development plan, conditional use permit, and preliminary plat (PPUD-08-21/CU-11-21/PP-18-21)
and based upon the information provided concludes that the 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 Veolia(water) 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.
f. That the development will not create excessive additional requirements at public cost for public
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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, Veolia Water, and Ada County
Highway District; and
g. That the development is provided with ponds, open space, and areas of special interest, which
would not typically be provided in a non-PUD proposal.
The development will contain a minimum of 27.5% of open space. The common lots will include
pathways throughout the development; 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(Bella Terra Subdivision) and the east(Brush Creek) as well as a stub street to the adjacent
undeveloped parcel to the west which will provide intra-neighborhood connectivity in the future.
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 1.65-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.
The development is primarily residential in nature, with the exception of the equestrian riding
and boarding facility, which is existing on the site and is conditionally permitted by code in the
R-E(Residential-Estates)zone.
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K.\Planning Dept\Eagle Applications\SUBS\2021\Soaring Feather Ranch A,RZ,PPUD,PP\Working Files\Soaring Feather pzf doc
DATED this 20th day of June,2022.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright,Chairman
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Page 23 of 23
K.\Planning Dept\Eagle Applications\SUBS\2021\Soaring Feather Ranch A,RZ,PPUD,PP\Working Files\Soaring Feather pzf doc