Findings - CC - 2022 - RZ-06-22/CU-07-22/PPUD-04-22/PP-10-22 - Rezone From A-R And R-2-Da To R-2-Da-P, Conditional Use Permit, Preliminary Development Plan, And Preliminary Plat For Shingle Creek Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A REZONE FROM A-R [AGRICULTURAL )
-RESIDENTIAL] AND R-2-DA [RESIDENTIAL WITH )
A DEVELOPMENT AGREEMENT] TO R-2-DA-P )
[RESIDENTIAL WITH A DEVELOPMENT )
AGREEMENT-PUD], CONDITIONAL USE PERMIT, )
PRELIMINARY DEVELOPMENT PLAN,AND )
PRELIMINARY PLAT FOR SHINGLE CREEK )
SUBDIVISION FOR MIKE COOK )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-06-22/CU-07-22/PPUD-04-22/PP-10-22
The above-entitled rezone with a development agreement, conditional use permit, preliminary
development plan, and preliminary plat applications came before the Eagle City Council for their action
on August 23, 2022, at which time public testimony was taken and the public hearing was closed. The
Eagle City Council, having heard and taken oral and written testimony, and having duly considered the
matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
PROJECT SUMMARY:
A. Mike Cook, represented by Kent Adamson, P.E., with RiveRidge Engineering Company is
requesting a rezone from A-R (Agricultural-Residential) and R-2-DA (Residential with a
development agreement) to R-2-DA-P (Residential with a development agreement — PUD),
conditional use permit, preliminary development plan, and preliminary plat approvals for Shingle
Creek Subdivision, a 12-lot (9-buildable, 3-common) residential planned unit development. The
4.41-acre site is located on the north side of State Highway 44 approximately 400-feet west of the
intersection of West State Street and State Highway 44 at 2500 West State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, on Monday, August 30, 2021, on site in
compliance with the application submittal requirement of Eagle City Code. The applications for
this item were received by the City of Eagle on March 16, 2022. A revised preliminary plat was
received by the City on May 27, 2022. A revised narrative was received by the City on July 14,
2022.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on March 31, 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 July 1, 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 July 1, 2022. The site was posted in accordance with the Eagle
City Code on July 7, 2022.
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Notice of Public Hearing on the applications for the Eagle City Council was published in
accordance with the requirements of Title 67,Chapter 65, Idaho Code and the Eagle City Code on
August 5, 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 August 5, 2022.
The site was posted in accordance with the Eagle City Code on August 8, 2022.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS (northern portion of site):
On January 9, 2007,the City Council approved a comprehensive plan amendment, annexation,
rezone with development agreement and a 16-lot preliminary plat for Countryland Subdivision
(CPA-03-06/A-09-06/RZ-10-06/PP-11-06).
On February 12,2008, Eagle City Council approved an extension of time application for
Countryland Subdivision to be valid until January 9, 2009(PP-11-06 EXT).
On October 28, 2008,the City Council approved an extension of time application for Countryland
Subdivision to be valid until January 9, 2010(EXT-18-08).
On January 26, 2010,the City Council approved an extension of time application for Countryland
Subdivision to be valid until January 9, 2011 (EXT-01-10).
On January 25,2011,the City Council approved an extension of time application for Countryland
Subdivision to be valid until January 9,2012 (EXT-01-11).
On June 26, 2012,the City Council approved an extension of time application for Countryland
Subdivision to be valid until January 9,2013 (EXT-04-12).
On March 12, 2013,the City Council approved a development agreement modification associated
with Countryland Subdivision(RZ-10-06 MOD).
On March 12, 2013, the City Council approved a preliminary plat modification for Countryland
Subdivision(PP-11-06 MOD).
On June 25, 2013, the City Council approved a final plat for Countryland Subdivision (FP-02-
13).
The development agreement terminated on July 24, 2012, based on the development not being
completed(Ada County instrument No. 107108881).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's narrative, date stamped by the City on March 16, 2022 (attached to the staff
report).
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G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Large Lot R-2-DA (Residential Vacant Parcels
Residential with a development
agreement) and A-R
(Agricultural-
Residential)
Proposed No Change R-2-DA-P(Residential Single-Family Residential
with a development Subdivision
agreement—PUD)
North of site Large Lot R-2-DA (Residential Single-Family Residential
Residential with a development (Countryland Subdivision)
agreement)
South of site Mixed Use R-4(Residential) Mixed Use Development
(Stillwater Subdivision)
East of site Neighborhood R-2-DA-P(Residential Single-Family Residential
Residential with a development (Countryside Estates
agreement—PUD) Subdivision No. 3)
West of site Large Lot R-1 (Residential) Single-Family Residential
Residential (Timberland Estates
Subdivision)
H. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA or DSDA.
SITE DATA:
Total Acreage of Site—4.41-acres
Total Number of Lots— 12
Residential—9
Commercial—0
Industrial—0
Common—3
Total Number of Units—
Single-family—9
Single-family attached—0
Two-family—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 2.04-units per acre 2.04-units per acre maximum
(as limited within the
development agreement)
Minimum Lot Size 13,295-square feet 17,000-square feet
Except that a decrease of minimum
lot size in a subdivision may be
allowed if there is an offsetting
increase of the same percentage in
open space and a planned unit
development is applied for and
approved)—pursuant to ECC Section
8-6-6-5(A). The applicant has
provided.53-acres of offsetting
increase of open space. The offsetting
increase of the required percentage
in open space has been provided.
Minimum Lot Width 85-feet 50-feet
Minimum Lot Frontage 35-feet 35-feet(minimum)
Total Acreage of Common Area 42,340-square feet(.97-acres) 38,420-square feet(.88-acres)
(minimum)
Percent of Site as Common Area 22% 20%(minimum)
Percent of Common Area Open 16.6% 15%(minimum)
Space as Active Open Space
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat, date stamped by the City on May 27, 2022, shows a 75-foot-wide common
lot located along West State Street/HWY 44 with a 10-foot-wide pathway located within the
common lot.
Common Area Open Space:
A total of.97-acres(22%) of open space is proposed(inclusive of the planter strips and landscape
island). A total of 7,052-square feet(16.6%)of the common area open space is active open space.
The required buffer area located adjacent to State Highway 44 will be contained within a
common lot. A common lot will contain a pathway to the 75-foot wide buffer common lot. The
remaining common lot will contain a surface filtration system, a 14-foot-wide access to allow the
canal company access to their facilities (manholes), pressurized irrigation pump house, and a
small play area.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so
graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff
shall cross any lot line onto another lot except within a drainage easement.
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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.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System:
It is unknown if the dwelling, which was removed, was served by a septic system. The applicant
will be required to abandon the septic system if one existed at the time.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
There are several mature trees located within the site. The trees are located along the east and
west property line. There is also a cluster of mature trees from the southern property line
approximately 160-feet into the site. The applicant has provided a Certified Arborist Report from
Brian Jorgenson,date stamped by the City on March 16,2022 (attached to the staff report).
K. STREET DESIGN:
Private or Public Streets:
See Ada County Highway District staff report, date stamped by the City on May 5, 2022
(attached to the staff report)and typical street section shown below:
ma,Of SAC.Of
CAM"' 13'SOL1Nk rA5(1200 .0� 1B• la' SON 13'SCOIAll,FLSOtM GSD[M
•" 11.3" _ 2 I 6 ( 3 1 1
2 5-ASPM.1 w.iLLID WNB ANp Qw70, $11,/00 SUP.tF1410 SO-MB
i CC 3/.•r.A CAO(D AOpO.AfI BASE 0(0 A60 SIW.tII[NI SO-702
10-!Y SUBBASE
°TYPICAL STRUT SICTIOM
N1S-
Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500': None.
Cul-de-sac Design:
One(1)cul-de-sac is proposed:
North Timber Wolf Place: 365-feet in length, 50-foot radius with a 10-foot radius island
Sidewalks:
The preliminary plat shows detached 5-foot-wide sidewalks (separated by an 8-foot-wide planter
strip on each side of the street. The detached sidewalks and a portion of the planter strips are
located 11-feet within the buildable lot area adjacent to the public right-of-way.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards are proposed for the
interior streets.
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Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be 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.
L. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat, date stamped by the City on May 27, 2022, shows an 8-foot-wide pathway
located within Lot 6, Block 1, and a 10-foot-wide pathway located along the northern portion of
Lot 12, Block 1. Preliminary plat note #20 indicates there is an 8-foot wide and 10-foot wide
public access easement, respectively, centered on each of the pathways.
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.
M. PUBLIC USES PROPOSED:
All sidewalks within the development are open to the public.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will be served by the Veolia Water and Eagle Sewer District. The applicant will be
required to install fiber-optic conduit within the joint trench for future connection.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees —yes — see Certified Arborist report, date stamped by the City on March 16, 2022
(attached to the staff report).
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—yes- within the existing trees
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required.
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:
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City Engineer: All comments within the engineer's letter dated June 30, 2022, are of special
concern(attached to the staff report).
ACHD
Ballentyne Ditch Company (emails from Mike Harrison and Joe King)
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Fish and Game
S. LETTERS FROM THE PUBLIC:None received to date.
T. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to construct the subdivision as a single-phase.
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. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment,
and/or conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic,noise, smoke, fumes,glare or odors.
5. That the development will be served adequately by essential public facilities such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water and
sewer,and schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided
in a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
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.
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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 cased of large-scale PUDs (incorporating eleven (11) 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. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
V. FISCAL IMPACT ANALYSIS:
See Developer Data Table, received by the City on March 16, 2022, along with the analysis table
(attached to the staff report).
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART
OF THE CITY COUNCIL'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:
Large Lot Residential
Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1
unit per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for
densities higher than 1 unit per 2 acres. Open space and parks in this area will be generally
limited. Land uses in this category will tend to appear as suburban large lot and generally less
agrarian than the Estate Residential and Agricultural/Rural designations
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks Minimum
Note Conditions A To E* ! Lot Area
Zoning Maximum (Acres Or Minimum
District Maximum Front Rear Interior Street Lot Covered Square Lot
Height Side Side F And J* Feet) H* Width I*
R-2 35' 30' 30' 10' 20' 40% 17,000 75'
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
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• Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options,the following
design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title, except that a decrease in the minimum lot size
may be allowed if there is an "offsetting increase" of the same square footage in open
space and a favorable finding is made by the council that the smaller lots are
appropriately integrated into the overall design and that the building product type is
compatible with the PUD and surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point
for minimum open space, prior to any "offsetting increase" being added, shall be the area
that is equal to ten percent (10%) of the site. This allowance shall only be permitted
under the following criteria:
1. The total common area open space shall be equal to or greater than twenty percent
(20%), inclusive of the "offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity
and architectural and siting variation are incorporated into the development and that
these factors make up a substantial contribution to the objectives of the PUD. These
design elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical environment,
variation in building setbacks and building grouping(such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes.
C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-2-3: Preliminary Plat:
C. Required Information And Data:
2. The subdivider shall submit to the administrator at least the following:
b. Six (6) sets of preliminary engineering plans (not meant to be cross sections or
detailed designs) for streets, water, sewers, sidewalks and other required
improvements. The engineering plans shall be stamped by a licensed Idaho
registered professional engineer and shall contain sufficient information and
detail to make a determination as to conformance of the proposed improvements
to applicable regulations,ordinances and standards;
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• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines. Easement width shall be ten (10') feet along rear and front lot lines and five
feet along each side lot line, except that lesser easement widths, to coincide with
respective setbacks,may be considered as part of a planned unit development.
B. A five foot(5')wide unobstructed drainageway easement shall be provided in conjunction
with the utility easement along each side lot line or as required by the city council, except
that lesser easement widths, to coincide with respective setbacks, may be considered as
part of a planned unit development.
• Eagle City Code Section 9-4-1-5: Streetlights:
Unless determined otherwise by the city council as part of the design of the subdivision, 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.
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required.
• Eagle City Code Section 9-4-1-9: Water Supply and Sewer System:
A. Construction; Extension: All public water supply or sewer systems (serving 2 or more
separate premises or households) shall be constructed in accordance with any adopted
local plans and specifications. All new public water supply or sewer systems shall be an
extension of an existing public system whenever possible. In the event that the proposed
public water supply or sewer system is not an extension of an existing public system,
there shall be a showing by the subdivider that the extension is not feasible and not in the
best interest of the public.
B. Approval Of Plans: All water and sewer plans shall be submitted to the Idaho department
of health and welfare or its authorized agent for approval in accordance with the
provisions of section 50-1326, Idaho Code.
C. Pressurized Irrigation Facilities:
1. All residential dwelling units and subdivision common areas shall be provided with a
pressurized irrigation system to be served with irrigation water from a surface water
right unless a waiver, as outlined herein, is approved by the city council.
The city has adopted supplemental standards and regulations (titled "Pressure
Irrigation Standards", incorporated herein by reference and available at Eagle city
hall) pertaining to the design, construction and maintenance of pressurized irrigation
systems. Plans and documents reflecting the required standards and regulations shall
be submitted with the application for a preliminary plat.
The following design requirements and the requirements provided within the
supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation
system. These standards shall supplement all other regulations, and where at variance
with other laws, regulations, ordinances or resolutions, the more restrictive
requirements shall apply. The council may determine that revisions to the
supplemental standards are warranted and make such revisions by act of a resolution.
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a. The pressurized irrigation system may have a backup connection to a potable
water system with the approval of the city, city engineer, and the potable water
purveyor, and the installation of a state approved reduced pressure backflow
prevention assembly or an air gap separating the irrigation system and the potable
water system. The operation, maintenance, associated costs, and annual
inspection of the backup connection and the backup system's reduced pressure
backflow prevention assembly shall be the responsibility of the entities as
determined in "Pressure Irrigation Standards" of this section. Individual backup
connections to individual lots by individual lot owners shall be prohibited with
the exception of the common area lots owned and maintained by the
homeowners'association.
b. The pressurized irrigation system shall be designed by a licensed professional
engineer registered in the state of Idaho,and the construction plans for the system
shall be reviewed and approved by the city engineer.
D. DISCUSSION:
• The Comprehensive Land Use Map shows the property is located within an area which is
designated as Large Lot Residential. Large Lot Residential allows for densities which range
from 1 unit per acre to 1 unit per 2 acres. Open space and parks will be generally limited.
Prior to the latest comprehensive plan adoption, a portion of the subject property was
approved with a designation of Transitional Residential to allow for a residential subdivision
(Countryland Subdivision) which provided a transition of lot sizing between Countryside
Estates Subdivision and Timberland Estates Subdivision based on the difference in lot sizing
of the two (2) adjacent subdivisions. The proposed subdivision is designed to provide a
similar transition as was previously approved with Countryland Subdivision. Staff will defer
to the Council regarding the proposed rezone and density of the development.
• Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes are
required to conform with the closest compatible base zone identified in Eagle City Code
Section 8-2-4. The applicant is requesting a reduction of the required setbacks. The proposed
setbacks shown on page PP01of 1 of the preliminary plat are as follows:
Front(Typical) 25-feet**
Side(Typical) 10-feet
Rear(Exterior) 25-feet***
Rear(On Common Lot) 10-feet
** Measured from back of sidewalk
*** Rear setback for Lots 7, 8, and 9 Based on Ballantyne Ditch Easement
The applicant is requesting a R-2-DA-P (Residential with a development agreement— PUD)
zoning designation. Pursuant to Eagle City Code Section 8-2-4, the following setbacks are
required within the R-2 (Residential)zoning designations:
Front 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 shall be permitted to have a 5-foot
reduction in the minimum required front yard setback provided that the distance in no less
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than 20-feet within the R(Residential)zoning districts.
* All front load garages shall be setback a minimum of 25-feet from the back of sidewalk.
The preliminary plat, date stamped by the City on May 27, 2022, shows a typical street
section for the interior streets with 6-feet of the 8-foot-wide planter strip and the 5-foot-wide
detached sidewalk being located within the property. Based upon the requested 25-foot
setback measured from back of sidewalk the setback from the property line would be 36-feet
which is in conformance with Eagle City Code Section 8-2-4. It should be noted that front
setbacks are measured from the property line; therefore, the required setbacks should be
measured from the property line and not the back of sidewalk. The applicant is requesting a
reduction of the rear setback from 30-feet to 25-feet. Also, the applicant is requesting that the
lots located adjacent to the common lot have a reduced rear setback to 10-feet in width. Staff
is supportive of the request to reduce the rear setback from 30-feet to 25-feet in width,
however based on the depth of the proposed lots located adjacent to the common area staff is
not supportive of the request for a 10-foot rear yard setback adjacent to the common lots. The
applicant is proposing a side setback of 10-feet, however, a two-story structure setback is not
addressed.
It is staff's opinion that based on the size of the lots and the location of the detached sidewalk
the following setbacks (measured from the property line) and maximum lot coverage for this
development should be required:
Front 30-feet(living)
36-feet(front-load garage, side-entry may be reduced by 5-feet)
Rear 25-feet
Interior Side 10-feet(first story) 5-feet(each additional story)
Maximum Lot Coverage 40%
• The preliminary plat does not show the location of proposed streetlights within the
development. Pursuant to Eagle City Code Section 9-2-3(C)(b) the applicant is required to
provide preliminary engineering plans(not meant to be cross sections or detailed designs) for
streets, water, sewers, sidewalks, and other required improvements. Streetlights are classified
as a required improvement pursuant to Eagle City Code Section 9-4-1-5. The applicant
should be required to provide a revised preliminary plat showing the location of proposed
streetlights. The revised preliminary plat should be provided prior to submittal of a design
review application.
• The preliminary plat shows overhead power located in proximity to the southwest corner of
the property and at the southern property line approximately 65-feet west of the east property
line. Pursuant to Eagle City Code Section 9-4-1-8, underground utilities are required. The
applicant should be required to provide a revised preliminary plat showing all overhead
power facilities removed. The revised preliminary plat should be provided prior to submittal
of a design review application. The overhead power facilities should be place underground
prior to the City Clerk signing the final plat.
• Plat note #6 of the preliminary plat states, "Direct lot access from collectors and arterials is
prohibited unless approved by the Ada County Highway District and the City of Eagle."
Plat note #6 does not address the specific road which direct lot access is prohibited. In this
case the arterial road is State Highway 44, which is a controlled by the Idaho Transportation
Department. The applicant should be required to provide a revised preliminary plat with plat
note #6 revised to state, "Direct lot access from State Highway 44 is prohibited unless
approved by the Idaho Transportation Department and the City of Eagle." The revised
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preliminary plat should be provided prior to submittal of final development plan and final plat
applications.
• Plat note#9 of the preliminary plat states, "Unless otherwise shown and dimensioned, all lots
are hereby designated as having a permanent easement for public utilities, irrigation, and lot
drainage over the 10-feet adjacent to any interior lot line, and over the 10-feet adjacent to any
rear lot line or subdivision boundary."
Pursuant to Eagle City Code Section 9-3-6(A), the required easement width adjacent to side
property lines is 5-feet. The applicant should be required to provide a revised preliminary plat
with plat note #9 revised to state, "Unless otherwise shown and dimensioned, all lots are
hereby designated as having a permanent easement for public utilities, irrigation, and lot
drainage over the 5-feet adjacent to any interior side lot line, and over the 10-feet adjacent to
any rear lot line or subdivision boundary." The revised preliminary plat should be provided
prior to submittal of final development plan and final plat applications.
• Plat note #11 of the preliminary plat states, "Each owner within the subdivision shall have
ingress and egress access via a public extension of North Timber Wolf Pl."
North Timber Wolf Place is proposed as a public street; therefore, plat note #11 is not
required since ingress and egress access will be provided via a public street. The applicant
should provide a revised preliminary plat with plat note#11 removed. The revise preliminary
plat should be provided prior to submittal of final development plan and final plat
applications.
• Plat note #14 states, "Per Idaho Code 32-3805, its provisions that apply to irrigation water
concerning irrigation rights, transfer and disclosure; the property lying within the boundaries
of this plat is served by the Ballantyne Ditch Company, LLC. The owner/developer and ditch
company will be providing irrigation water to the lots of this subdivision.
Although the plat note indicates that the owner/developer and ditch company will be
providing irrigation water to the lots of the subdivision,the note does not identify who will be
responsible for the operation and maintenance of the irrigation system. The applicant should
be required to provide a revised preliminary plat with plat note #14 revised to state,
"Irrigation water has been provided by the Ballentyne Ditch Company, LLC, in compliance
with Idaho Code Section 31-3805(1)(b). Lots within the subdivision will be entitled to
irrigation water rights and/or shares and individual lots will remain subject to assessments
from the applicable irrigation entities, to be paid through fees assessed by the homeowner's
association. The pressurized irrigation system shall be owned and maintained by the Shingle
Creek Homeowner's Association, or its assigns." The revised preliminary plat should be
provided prior to submittal of final development plan and final plat applications.
• Plat note #15 states, "Portion of this property are subject to a development agreement with
the City of Eagle, recorded as instrument No. 107108881."
The referenced development agreement was for the rezone (RZ-10-06) associated with
Countryland Subdivision. The development agreement contained a termination clause which
indicated the subject development agreement terminated upon completion of the Conditions
of Development or after 7-years after the Effective Date, whichever occurs first. The
Effective Date of the executed development agreement was July 24, 2007. Based on the
Effective Date the development agreement is terminated. The applicant should be required to
provide a revised preliminary plat with plat note #15 removed. The revised preliminary plat
should be provided prior to submittal of final development plan and final plat applications.
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• The preliminary plat does not contain any plat notes addressing ACHD storm water facilities
or a reference to an ACHD license agreement instrument number. Also, the applicant's
narrative indicates drainage from the public road will be detained via a surface infiltration
swale over a portion of one of common lots. The applicant should be required to provide a
revised preliminary plat with two (2) new plat notes which 1) identify the location of the
ACHD storm water drainage facility; and 2) provide a reference number associated with an
ACHD License Agreement. The revised preliminary plat should be provided prior to
submittal of final development plan and final plat applications.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on July
18, 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(not including the applicant/representative).
C. Oral testimony in opposition to the applications was presented to the Planning and Zoning
Commission by no one.
D. Oral testimony neither in opposition to nor in favor of the applications was presented to the Planning
and Zoning Commission by one (1) individual who indicated a concern with the irrigation easement
width associated with the buried irrigation pipe adjacent to the east property line. Their concern is
based on the possibility the easement may encroach into their property.
COMMISSION DELIBERATION:
• The project is designed to provide a transition to the adjacent properties.
• The applicant has addressed the concerns expressed regarding the irrigation easement width.
COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 4 to 0 (Wright absent)to recommend approval of RZ-06-22 for a rezone from A-
R (Agricultural-Residential) and R-2-DA (Residential with a development agreement) to R-2-DA-P
(Residential with a development agreement — PUD) with the conditions of development as provided
within the Commission's findings of facts and conclusions of law document,dated August 1,2022.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Commission voted 4 to 0 (Wright absent)to recommend approval of CU-07-22/PPUD-04-22/PP-10-
22 for a conditional use permit, preliminary development plan, and preliminary plat for Shingle Creek
Subdivision (Exhibit "A") with the site specific conditions of approval and standard conditions of
approval as provided within the Commission's findings of facts and conclusions of law document, dated
August 1,2022.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the Eagle City Council on August 23, 2022, at
which time testimony was taken and the public hearing was closed. The Council made their decision
at that time.
B. Oral testimony in favor of the applications was presented to the City Council by no one (other than
the applicant and representative).
C. Oral testimony in opposition to the applications was presented to the City Council by no one.
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COUNCIL DECISION REGARDING THE REZONE:
The Council voted 4 to 0 to approve RZ-06-22 for a rezone from A-R(Agricultural-Residential)and R-2-
DA(Residential with a development agreement)to R-2-DA-P(Residential with a development agreement
—PUD)with the following Planning and Zoning Commission recommended conditions of development to
be placed in a development agreement:
3.1 The maximum density for the Property shall be 2.04 dwelling units per acre(9-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
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan,notice shall be provided as may be required by the City.
3.4 The conditions,covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, fencing, shared driveway, 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 ant 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 Concept Plan Fence Exhibit
(Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be
prohibited.
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule,regulation, law or ordinance.
3.5 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.
3.6 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located on site. The report shall identify, at a minimum, species, size, and health of
the trees. The arborist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating which trees will be incorporated into the
design of the subdivision and which trees will be removed prior to removal of the trees. No trees
shall be removed from the site prior to city approval of a tree removal plan.
3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the 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) proposed useable
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amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities, 6) all
proposed fencing throughout the development, 7) cluster mail box, and 8) 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.
3.8 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.
3.9 Owner shall work with the City to establish a Conservation and Education Program(CEP) Funding
Plan associated with Shingle Creek Subdivision. The CEP Funding Plan shall be executed by the
Owner and City prior to the City Clerk signing the final plat.
3.10 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.
3.11 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s)shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Council voted 4 to 0 to approve CU-07-22/PPUD-04-22/PP-10-22 for a conditional use permit,
preliminary development plan, and preliminary plat for Shingle Creek Subdivision (Exhibit "A") with
the following Planning and Zoning Commission recommended site specific conditions of approval and
standard conditions of approval with underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-06-22.
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 setbacks shall be as follows:
Front 30-feet(living and/or side entry garage)
36-feet(front-load garage)
Rear 25-feet
Interior Side 10-feet(first story) 5-feet(each additional story)
Maximum Lot Coverage 40%
5. Provide a revised preliminary plat showing the location of proposed streetlights. The revised
preliminary plat shall be provided prior to submittal of a design review application.
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6. Provide a revised preliminary plat showing all overhead power facilities removed. The revised
preliminary plat shall be provided prior to submittal of a design review application. The overhead
power facilities shall be place underground prior to the City Clerk signing the final plat.
7. Provide a revised preliminary plat with plat note #6 revised to state, "Direct lot access from State
Highway 44 is prohibited unless approved by the Idaho Transportation Department and the City of
Eagle."The revised preliminary plat shall be provided prior to submittal of final development plan
and final plat applications.
8. Provide a revised preliminary plat with plat note #9 revised to state, "Unless otherwise shown and
dimensioned, all lots are hereby designated as having a permanent easement for public utilities,
irrigation, and lot drainage over the 5-feet adjacent to any interior side lot line, and over the 10-feet
adjacent to any rear lot line or subdivision boundary." The revised preliminary plat shall be
provided prior to submittal of final development plan and final plat applications.
9. Provide a revised preliminary plat with plat note #11 removed. The revise preliminary plat shall be
provided prior to submittal of final development plan and final plat applications.
10. Provide a revised preliminary plat with plat note #14 revised to state, "Irrigation water has been
provided by the Ballentyne Ditch Company, LLC, in compliance with Idaho Code Section 31-
3805(1)(b). Lots within the subdivision will be entitled to irrigation water rights and/or shares and
individual lots will remain subject to assessments from the applicable irrigation entities, to be paid
through fees assessed by the homeowner's association. The pressurized irrigation system shall be
owned and maintained by the Shingle Creek Homeowner's Association, or its assigns."The revised
preliminary plat shall be provided prior to submittal of final development plan and final plat
applications.
11. Provide a revised preliminary plat with plat note#15 removed. The revised preliminary plat shall be
provided prior to submittal of final development plan and final plat applications.
12. Provide a revised preliminary plat with a new plat note which states, "This subdivision is subject to
the terms of ACHD License Agreement Instrument No. ." The revised
preliminary plat shall be provided prior to submittal of final development plan and final plat
applications.
13. Provide a revised preliminary plat with a new plat note which states, "A portion of Lot , Block
_, is servient to and contain the ACHD storm water drainage system. The lots are encumbered by
the certain first amended master perpetual storm water drainage easement recorded on November
15, 2015, as instrument no. 2015-013256 official records of Ada County, and incorporated herein
by this reference as if set forth in full(the"Master Easement"). The Master Easement and the storm
water drainage system are dedicated to ACHD pursuant to Section 40-2302 Idaho Code. The
Master Easement is for the operation and maintenance of the storm water drainage system." The
revised preliminary plat shall be provided prior to submittal of final development plan and final plat
applications
14. 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
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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.
15. 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).
16. 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.
17. The Shingle Creek Subdivision shall remain under the control of one Homeowners Association.
18. 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.
19. 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.
20. The applicant shall be required to comply with the conditions of approval contained within the
Trails and Pathway Superintendent's recommendation memo, dated July 18, 2022, and any
subsequent revisions which may be made by the City Council.
21. The single-family dwellings shall be constructed utilizing the architecture style as shown on
Exhibit"B."
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CCR&S. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&R's 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 building 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 meet the design requirements as may be
stipulated by the Eagle Design Review Board and Eagle City Council.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
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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
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s)shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
surety 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.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the 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
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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 the 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 staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
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 floodplain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
30. No public board, agency, commission,official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements required by the Eagle City Code
Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC
9-6-5 (A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
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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.
38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a"Notice to Proceed"with construction letter.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(RZ-06-22) 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 is in accordance
with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of R-2-DA-P (Residential with a development agreement —
PUD) is in conformance with the comprehensive plan. As designed, the subdivision provides a
transition of compatible lot sizing between the two (2) adjacent subdivisions(Countryside Estates
Subdivision and Timberland Estates Subdivision) located to the east and the west. The
subdivision is also designed with similar lot sizing as the subdivision located north of the
property, which is also designated as Large Lot Residential within the comprehensive plan.
consistent with the Residential One 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;
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c. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the R-2-DA (Residential with a development agreement) 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 with a development agreement — PUD) zoning district is
compatible with the MU-DA(Mixed Use with a development agreement [in lieu of a PUD]) zone
and land use to the south since that area is currently being developed with a commercial
subdivision and is located across State Highway 44;
e. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the R-2-DA (Residential with a development agreement) zone and land use to
the east since that area has been developed with lots of similar size;
f. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the R-1 (Residential) zone and land use to the west because the use of
transitional lot sizes provide a similar number of lots within this development;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. The proposed use, as conditioned within the development agreement, does not create a non-
conforming use with the R-2-DA-P(Residential with a development agreement—PUD)zone.
2. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-07-22/PPUD-04-2/PP-10-22) and based
upon the information provided concludes that the application is in accordance with the City of Eagle
Title 9(Subdivisions)because:
a. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood,and will not be detrimental to the economic welfare of the community.
Shingle Creek Subdivision is designed to provide a transition of lot sizing between the two (2)
adjacent subdivisions (Countryside Estates Subdivision and Timberland Estates Subdivision) and
is consistent with the requirements of Eagle City Code. Development of the property will
generate increased tax revenue to offset the cost of supporting public services;and
b. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
Shingle Creek Subdivision is designed to be compatible and harmonious with the existing
subdivisions located adjacent to the site. The subdivision is designed with transitional lot sizing to
blend with the adjacent subdivisions; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
Shingle Creek Subdivision is designed in a manner which is harmonious with existing residential
subdivisions located adjacent to the site. The proposed subdivision will provide pedestrian and
vehicular interconnectivity to the adjacent subdivisions; and
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The development is planned for residential, similar to the character of the surrounding area. It is
not anticipated that any uses or activities will be detrimental to the surrounding properties upon
completion of the site work. Shingle Creek Subdivision will be served by West Sky Wood Drive
(local street)connected to the adjacent subdivisions;and
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e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
Shingle Creek Subdivision will be served by West Sky Wood Drive (local street). All central
services (including police and fire protection) are available or may be extended to the site, as
noted within the letters provided by the agencies having jurisdiction over the site. Development
of sewer, water, drainage, streets and other urban services will be provided at the developer's
expense;and
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time
of installation and before acceptance by the Eagle Sewer District, Veolia Water, and Ada County
Highway District; and
g. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
The development will contain a minimum of .97-acres of open space. A total of 16.6% of the
common area is considered to be active open space. A common lot will contain a pathway to the
75-foot wide buffer common lot. The remaining common lot will contain a surface filtration
system, a 14-foot-wide access to allow the canal company access to their facilities (manholes),
pressurized irrigation pump house, and a small play area;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 connection to two (2) stub streets to the adjacent subdivisions
located to the east and west which will provide intra-neighborhood connectivity. Access to the
development will be provided from the two (2) stub street connections. 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.
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 applicant is proposing to preserve several of the existing trees and will be required to
mitigate for any trees proposed to be removed; and
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This applicant has requested approval of a conditional use permit, preliminary development plan,
and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as
will be required to meet the conditions herein. In addition, the developer will be required to
submit an application for design review and comply with all Eagle City Codes and conditions of
approval of the design review; and
1. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
Residential is the only use approved for this development.
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In case of large—scale PUDs (incorporating eleven (11) or more lots or dwelling units):
m. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space,recreation, maintenance, schools and solid waste collection.
The public services that would be provided to the development include the following:
Fire Protection
This development is located within the boundaries of the Eagle Fire District.
Police Protection
The project will be served by the Eagle Police Department.
Water Service
The project is located within an area that is served by the Veolia water system. The water
infrastructure will be constructed at the developer's expense.
Sewer
As required herein, the applicant is required to provide correspondence from the Eagle Sewer
District which indicates the property is annexed into the District prior to submittal of a final plat
application. Prior to the developer installing the required sewer infrastructure the developer will
be required to comply with the District's requirements.
Road Construction
The construction of all roads within the development will be completed by the developer. Upon
completion,the roads will be dedicated to the Ada County Highway District.
Open Space
The development will contain a minimum of 22%of passive and active open space. The applicant
is proposing a small play area within one of the common lots and pathways within the remaining
common lots. The project will also generate park impact fees to be utilized for the creation of
additional parks or add new equipment to existing parks within the City of Eagle.
Maintenance
The maintenance of any private open space areas will be regulated by the Shingle Creek
Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and
maintained by the respective agencies.
Schools
The site is located within the West Ada School District boundaries.
Solid Waste Collection
Solid waste collection is provided by Republic Services through a contract with the City of Eagle.
n. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
The development will not create excessive additional requirements at public cost for public
facilities and services because the facilities and services will be constructed at the expense of the
developer as conditioned within the approval.
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o. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
The estimated tax revenue generated to the City of Eagle from the development at build-out is
approximately $67,400.00/annually(with Homeowner's Exemption).
p. That suggested public (or private) means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. The developer provides the services in the initial stages of
development;therefore,the public service providers avoid potential liability and expenses.
DATED this 13th day of September, 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Pierce, Mayor
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racy E. O agle City Clem • ��
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