Findings - CC - 2022 - RZ-08-22/CU-08-22/PPUD-05-22/PP-13-22 - Rezone From A To R-3-Da-P, Conditional Use Permit, Preliminary Development Plan, And Preliminary Plat For Benari Estates Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A REZONE FROM A [AGRICULTURAL] )
TO R-3-DA-P [RESIDENTIAL WITH A )
DEVELOPMENT AGREEMENT-PUD], )
CONDITIONAL USE PERMIT,PRELIMINARY )
DEVELOPMENT PLAN,AND PRELIMINARY )
PLAT FOR BENARI ESTATES SUBDIVISION )
FOR EAGLE 1,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-08-22/CU-08-22/PPUD-05-22/PP-13-22
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 September 27,2022,at which time public testimony was taken and the public hearing was closed. The
Eagle City Council, having heard and taken oral and written testimony, and having duly considered the
matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Eagle 1 LLC, represented by Laren Bailey, is requesting a rezone from A (Agricultural) to R-3-
DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary
development plan, and preliminary plat approvals for Benari Estates Subdivision, an 88-lot (77-
buildable, 11-common)residential planned unit development. The 35.29-acre site is located at the
northeast corner of West State Street and North Ballantyne Lane at 1770 West State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, on Thursday, March 3, 2022, 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 May 26,2022. A revised preliminary planned unit
development plan was submitted to the City on June 27, 2022. A tree survey was submitted to the
City on August 1,2022.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on June 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 July 29, 2022. Notice of this public hearing
was mailed to property owners in accordance with the requirements of Title 67,Chapter 65, Idaho
Code and Eagle City Code on July 29, 2022. The site was posted in accordance with the Eagle
City Code on July 27, 2022.
Notice of Public Hearing on the applications for the Eagle City Council was published in
accordance with the requirements of Title 67,Chapter 65, Idaho Code and the Eagle City Code on
September 9, 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 September 9,
2022. The site was posted in accordance with the Eagle City Code on September 15,2022.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 14, 2021, the City Council denied a rezone from A (Agricultural) to R-4-DA-P
(Residential with a development agreement — PUD), conditional use permit, preliminary
development plan, and preliminary plat for Benari Estates Subdivision (RZ-12-21/CU-07-
21/PPUD-07-21/PP-14-21).
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 A(Agricultural) Single-family residence and
Residential agriculture
Proposed No Change R-3-DA-P(Residential Single-family Residential
with a development Planned Unit Development
agreement—PUD)
North of site Large Lot A-R(Agricultural- Single-Family Residential
Residential) Subdivision(Bakers Acres
Subdivision)
South of site Mixed Use R-9-DA(Residential Proposed single-family
with a development attached subdivision
agreement[in lieu of a (Kingfisher Estates
PUD])and MU-DA Subdivision)and a single-
(Mixed Use with a family residence and
development agreement enclosed storage facility
[in lieu of a conditional
use permit])
East of site Neighborhood R-2 (Residential) Single-Family Residential
Residential Subdivision(Van Engelen
Estates Subdivision)
West of site Neighborhood R-2-DA-P(Residential Single-Family Residential
Residential with a development Subdivision(Countryside
agreement—PUD) Estates Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA, CEDA or DSDA.
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H. SITE DATA:
Total Acreage of Site—35.29(34.8-acres developable due to North Ballantyne Lane right-of-way
dedication)
Total Number of Lots—88
Residential—77
Commercial—0
Industrial—0
Common— 11
Total Number of Units—77
Single-family—77
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 2.21-dwelling units per acre* 2.21-dwelling units per
acre(as limited within the
development agreement)
Minimum Lot Size 10,640-square feet 10,000-square feet
Minimum Lot Width 80-feet 70-feet
Minimum Street Frontage 35.67-feet 35-feet
Total Acreage of Common Area Open 7.18-acres 6.96-acres
Space
Percent of Site as Common Area 20.6% 20%
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 or in subdivisions
with 50 or more lots.
Percent of Common Area Open Space 20.5%(1.47-acres) 15%(minimum)(1.04-
as Active Open Space acres)
* Based on acreage excluding the area to be dedicated to ACHD for North Ballantyne Lane.
GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The western property line is located adjacent to North Ballantyne Lane which is classified as a
collector. The southern property line is located adjacent to West State Street which is classified as
a minor arterial. The applicant is proposing a minimum 45.5-foot-wide buffer adjacent to North
Ballantyne Lane and a minimum 50-foot-wide buffer adjacent to West State Street. Also, the
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applicant is proposing to landscape approximately .26-acres of area located withing the right-of-
way at the northeast corner of the intersection of West State Street and North Ballantyne Lane.
Open Space:
A total of 7.18-acres approximately 20.6% of open space is proposed within the residential
subdivision. Approximately 1.47-acres (20.5%) of the proposed open space is considered to be
"Open Space, Active" as defined by Eagle City Code Section 9-1-6. The open space is inclusive
of the buffer areas located adjacent to North Ballantyne Lane and West State Street, common lots
located at the internal street intersections, a central park area, and a dog park. There are two (2)
common areas which will contain pathways allowing residents to travel from east to west through
the development. The central park area will consist of a play structure,pathway, seating and large
open lawn area for recreation. The park areas will also consist of open view wrought iron fencing,
and benches.
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.
Utility and Drainage Easements, and Underground Utilities:
Plat note #2 of the planned unit development plan, date stamped by the City on June 27, 2022,
2021,indicates the public utilities, irrigation, and drainage(PUID)easements as follows:
• 12-feet wide adjacent to the subdivision boundary
• 23-feet wide adjacent to the public right-of-way(12-feet behind sidewalk)
• 6-feet wide adjacent to all interior side lot lines(12-feet total width)
• 6-feet adjacent to all interior rear lot lines(12-feet total width)
All utilities including power are required to be placed underground.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes or no)—No
Preservation of Existing Natural Features:
Most of the existing trees within the site are located within the buildable areas of five (5)
residential lots. The applicant will be required to mitigate for the trees proposed to be removed.
Preservation of Existing Historical Assets:
The site contains a historic gabled roof barn which has been on the property since the early
1900's. The applicant is proposing to remove the barn.
J. STREET DESIGN:
Private or Public Streets:
The public will be constructed based on the Preliminary Street Section Details shown on page
PP3.0 of the planned unit development plan,date stamped by the City on June 27,2022.
Blocks Less Than 500': None
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Cul-de-sac Design:
Two(2)cul-de-sacs are proposed:
• West Yellowstone Court: 600-feet in length, 53-foot radius.
• West Deadwood Court: 320-feet in length, 53-foot radius
Sidewalks:
West State Street currently has an existing 5-foot-wide detached sidewalk which extends along
the southern property line to the intersection of West State Street and North Ballantyne Lane. The
applicant is proposing detached sidewalks separated by an 8-foot-wide planter strip on both side
of the public streets.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the public
and private streets.
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.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat landscape plan shows five-foot wide pedestrian pathways located within
three(3) of the common lots (Lots 17 and 38,Block 1, and Lot 6, Block 4). The pathway located
within Lot 17, Block 1, provides interconnectivity between North Hunter Creek Avenue and the
sidewalk adjacent to North Ballantyne Lane. The pathway located within Lot 38, Block 1,
provides interconnectivity between West Deadwood Court and North Boulder Ridge Avenue. The
pathway located within Lot 6, Block 4, provides interconnectivity between North Boulder Ridge
Avenue and North Hunter Creek Avenue.
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: None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees — yes, located around the existing dwelling in proximity to the southern property
line
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Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—no
Wildlife Habitat—unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
The applicant submitted a Horticulturist/Arborist Consultant report, date stamped by the City on
June 30,2021 (attached to the staff report).
P. 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 September 21, 2021,are of special
concern(attached to the staff report).
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent's memo dated August 8,2022, are of special concern(attached to the staff report).
Ada County Highway District
Ballentyne Ditch Company
Central District Health Department
Communities in Motion 2050(COMPASS)
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Q. LETTERS FROM THE PUBLIC(attached to the staff report):
Email correspondence received from Ken Lenz, dated May 27, 2022.
Email correspondence received from Lory and Gregory Dye, dated August 8, 2022.
Email correspondence received from Karl Vogt,dated August 9, 2022.
Correspondence received from Molly Sedlacek, date stamped by the City on August 9,2022.
Email correspondence received from Kellie Allred, dated August 8,2022.
Correspondence received from Rebacca Fitzpatrick, date stamped by the City on August 9,2022.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The preliminary plat and planned unit development plan, date stamped by the City on June 27,
2022, shows two (2) phases of development. The applicant is proposing to develop the two (2)
phases in successive years. The first phase is proposed to start in spring 2023, with home
construction to start in spring 2024. Phase 2 would be market driven with construction to begin in
2024.
S. 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.
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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.
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.
T. FISCAL IMPACT ANALYSIS:
See Developer Data Table, date stamped by the City on June 30, 2022, along with analysis table
(attached to the staff report).
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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:
Chapter 6: Land Use
6.3 Land Use Designations
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.
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls. This designation includes the Willow Creek
Scenic Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration, regional trails and connectivity.
6.4.3 General Land Use Implementation Strategies
L. Protect farm-related uses and activities from land use conflicts or from interference
created by residential, commercial, or industrial development. Adhere the Idaho Right to
Farm Act.
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.
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 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks Minimum
Note Conditions A To E* Maximum Lot Area
Lot (Acres Or Minimum
Zoning Maximum Interior 1 Street j Covered F Square Lot
District Height Front 1 Rear Side Side And J* Feet)H* Width I*
R-3 35' 30' 1 25' i 7.5' ; 20' i 40% 10,000 r 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 9-3-6: 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 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material, unless the fence is located on the property line between the required roadway
buffer area and the residential lot, in which case the fence may be a solid wood picture frame or
premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed
so that the fence is visible from the adjacent roadway, then the fence shall include decorative
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columns spaced a maximum of sixty feet (60') apart. Specific buffer area fences and decorative
walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain link, cedar,
and similar high maintenance and/or unsightly fencing shall not be permitted within the above
designated areas. A section within the subdivision CC&Rs shall be created for the regulation of
fences to this effect.
D. DISCUSSION(based on the preliminary planned unit development, date stamped by the City on June
27, 2022):
• Although the submitted preliminary planned unit development contains all the information
required for a preliminary plat, the preliminary planned unit development plan does not reference
a preliminary plat. Also,the applicant has not provided a separate preliminary plat document. The
applicant should be required to provide a revised preliminary planned unit development plan
noted as a preliminary planned unit development/preliminary plat prior to submittal of a final plat
application.
• The applicant provided a preliminary plat landscape plan, date stamped by the City on May 26,
2022. The fencing exhibit shows solid style fencing located adjacent to the common areas.
Pursuant to Eagle City Code Section 9-3-10, open style fencing is required adjacent to common
areas. The applicant should be required to provide a revised fencing exhibit showing open style
fencing located adjacent to the common area open spaces and on the street side of all corner lots
prior to execution of the development agreement associated with the rezone (RZ-12-21).
• 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 PP-1 of the preliminary plat are as follows:
Front 31-feet living and side entry garage(20-feet from back of
sidewalk)
36-feet garage(25-feet from back of sidewalk)
Rear 25-feet
30-feet(Lots 22-29, Block 1 and Lots 3-7, Block 2)
Interior Side 7.5-feet
Street Side 20-feet
Maximum Lot Coverage 50%
The applicant is requesting a R-3-DA-P (Residential with a development agreement — PUD)
zoning designation. The required setbacks within the R-3 (Residential)zone are as follows:
Front 30-feet
Rear 25-feet
Side 7.5-feet, 5-feet(each additional story)
Street Side 20-feet
Maximum 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
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 June 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 front setbacks measured
from the property line, the applicant is in conformance with Eagle City Code Section 8-2-4.
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However, the applicant does not address the allowance for a 5-foot reduction permitted for side
entry garages. A side entry garage should be no less than 31-feet from the front property line
which will match the applicant's request for the front setback associated with the living area. The
applicant is proposing a side setback of 7.5-feet; however, they are not proposing an additional 5-
foot setback for multi-story structures. The applicant should be required to provide an additional
5-foot setback for multi-story structures. As proposed, the rear yard setback meets or exceeds the
rear yard setback required pursuant to Eagle City Code Section 8-2-4. The applicant is also
requesting to increase the maximum lot coverage from 40% to 50% to provide more single-story
homes. The smallest lots within the development are 10,640-square feet in size, based on a
maximum lot coverage of 40% the maximum building footprint would be 4,256-square feet. At a
4,256-square foot minimum lot size a dwelling could be constructed with a three-car garage of
over 1,200-square feet with approximately 3,000-square feet remaining for living area. The
maximum lot coverage should not be increased since the lots are designed large enough to allow
for single-story homes.
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 31-feet living(20-feet from back of sidewalk)
36-feet front load garage(25-feet from back of sidewalk)
Rear 25-feet
30-feet(Lots 22-29,Block 1 and Lots 3-7,Block 2)
Interior Side 7.5-feet(first story), 5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
• Plat note #1 of the preliminary planned unit development states, "Lots 17, 35, 38, 41 and 47,
Block 1, Lot 1, Block 2, Lot 1, Block 3, and Lots 1, 6, and 9, Block 4 are common lots to be
owned and maintained by the Benari Estates Community Association."
Although Plat#2 addresses easements within the lots of the subdivision, the common lots should
contain blanket public utilities,irrigation, and drainage easements. The applicant should provide a
revised preliminary planned unit development/preliminary plat with plat note #1 revised to state,
"Lots 17, 35, 38,41 and 47,Block 1,Lot 1,Block 2, Lot 1,Block 3, and Lots 1, 6,and 9,Block 4
are common lots to be owned and maintained by the Benari Estates Community Association. The
common lots are subject to blanket public utility, drainage, and irrigation easement. Driveways
are prohibited across common lots." The revised preliminary planned unit
development/preliminary plat should be provided prior to submittal of final development plan and
final plat applications.
• Plat note #2 of the preliminary planned unit development addressing the public utility, irrigation,
and drainage easements states, "A public utilities, irrigation, and drainage (PUID) easement shall
be provided as follows:
A. 12 feet wide adjacent to the subdivision boundary.
B. 23 feet wide adjacent to the public right-of-way(12 feet behind sidewalk)
C. 6 feet wide adjacent to all interior rear lot lines(12 feet in total)
D. 6 feet wide adjacent to all interior rear lot lines(12 feet in total)"
• Pursuant to Eagle City Code Section 9-3-6, unobstructed utility easements should be provided
along front lot lines,rear lot lines and side lot lines. Easement width should be ten(10')feet along
rear and front lot lines and five feet along each side lot line. Also, 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. The applicant is proposing a wider easement area
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adjacent to the public right-of-way due to the location of the property line in relationship to the
planter strip and detached sidewalk. The applicant should be required to provide a revised
preliminary planned unit development/preliminary plat with plat note #2 revised to state, "A
public utilities, irrigation, and drainage(PUID)easement shall be provided as follows:
A. 10 feet wide adjacent to the subdivision boundary.
B. 21 feet wide adjacent to the public right-of-way(10 feet behind sidewalk)
C. 10 feet wide adjacent to all interior rear lot lines(10 feet in total)
D. 10 feet wide adjacent to all interior rear lot lines"
The revised preliminary planned unit development/preliminary plat should be provided prior to
submittal of final development plan and final plat applications.
• Plat note #3 of the preliminary planned unit development states, "Minimum building setbacks
shall be in accordance with the City of Eagle applicable zoning and subdivision regulations or as
specifically approved with the development agreement associated with xx-xx-xx or any
subsequent modifications. If the subdivision is approved the setbacks will be addressed within the
site specific conditions of approval and not within the conditions of development of the
development agreement. The applicant should be required to provide a revised preliminary
planned unit development/preliminary plat with plat note#3 revised to state, "Minimum building
setbacks shall be in accordance with the City of Eagle applicable zoning regulations or as
specifically approved." The revised preliminary planned unit development/preliminary plat
should be provided prior to submittal of final development plan and final plat applications.
• Plat note #8 of the preliminary plat and planned unit development addresses the ownership and
maintenance of the pressurized irrigation system,however, it does not address the irrigation water
purveyor, the entitlement to irrigation water rights and/or shares, and that the lot owners will
remain subject to assessments from the applicable irrigation entities. The applicant should
provide a revised preliminary planned unit development/preliminary plat with plat note#8 revised
to state, "Irrigation water has been provided by New Dry Creek Ditch Company 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 Benari Estates Community
Association. The pressurized irrigation system shall be owned and maintained by the Benari
Estates Community Association, or its assigns." The revised preliminary planned unit
development/preliminary plat should be provided prior to submittal of final development plan and
final plat applications.
• The preliminary plat landscape plan, date stamped by the City on June 30, 2022, shows the
following areas located within the ACHD right-of-way: 1)the area located at the northeast corner
of North Ballantyne Lane and West State Street, 2) the area located in proximity to the sidewalk
along West State Street, 3) the landscape islands located within West Yellowstone Court, West
Deadwood Court, and North Great Falls Avenue, and 4) the portion of the planter strips located
along the public streets. The applicant should be required to landscape the following areas located
within ACHD right-or-way: 1) the area located at the northeast corner of North Ballantyne Lane
and West State Street, 2)the area located in proximity to the sidewalk along West State Street, 3)
the landscape islands located within North Great Falls Avenue in proximity to the entrance with
West State Street, and 4) the portion of the planter strips located along the public streets. The
landscape plan should be reviewed and approved by the Design Review Board and City Council
prior to submittal of final development plan and final plat applications. The landscaping should
be installed, or a surety should be submitted for installation of the landscaping. The applicant
should provide a recorded ACHD License Agreement associated with the landscaping located
within the ACHD right-of-way prior to the City Clerk signing the final plat. The applicant should
provide a revised preliminary planned unit development/preliminary plat with a new plat note
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which states, "This subdivision is subject to the terms of ACHD License Agreement Instrument
No. ."The revised preliminary planned unit development/preliminary plat
should be provided prior to submittal of final development plan and final plat applications.
• The plat does not contain a plat note regarding Idaho's Right to Farm Act. The applicant should
provide a revised preliminary plat and planned unit development with a new plat note which
states, "This development recognizes section 22-4503 of the Idaho Code, Right to Farm Act,
which states: No agricultural operation, agricultural facility or expansion thereof shall be or
become a nuisance, private or public, by any changed conditions in or about the surrounding
nonagricultural activities after it has been in operation for more than one (1) year, when the
operation, facility or expansion was not a nuisance at the time it began or was constructed. The
provisions of this section shall not apply when a nuisance results from the improper or negligent
operation of an agricultural operation, agricultural facility or expansion thereof." The revised
preliminary planned unit development/preliminary plat should be provided prior to submittal of
final development plan and final plat applications.
• The preliminary engineering plan associated with the preliminary planned unit development
shows what appears to be stormwater facilities within a few of the common lots. The preliminary
engineering plan does not identify within the legend if they are stormwater facilities. The
applicant should be required to provide a revised preliminary engineering plan with a symbol in
the legend noting stormwater facilities prior to submittal of final development plan and final plat
applications. The applicant should also provide a revised preliminary planned unit
development/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 planned unit development/preliminary plat should be provided prior to
submittal of final development plan and final plat applications.
• The applicant provided a tree survey (from Gary D. Moen a Horticulturist/Arborist Consultant),
date stamped by the City on August 1, 2022. Although the tree survey provided an overview of
the conditions of the existing trees and which trees are to be retained or removed, the tree survey
did not contain a map showing the locations of the trees. Within the tree survey Mr. Moen
indicated the Silver Maples and Cottonwoods trees are nearing their life expectancy and should
be removed. The Pecan trees and some of the Black Walnut trees are in relatively good condition
and worthy of keeping, provided the ground around them remains undisturbed and the irrigation
system continues with flood irrigation. The root protection zone should be a 100-foot radius
around the large Pecans and a 50-foot radius around the Black Walnuts. The preliminary
engineering plan shows the Pecan and Black Walnut trees located within the buildable areas of
Lots 2-6, Block 1, and the buffer lot adjacent to West State Street(Lot 1, Block 1). The applicant
should be required to provide a tree inventory map associated with the tree survey, date stamped
by the City on August 1, 2022, as part of the design review application process. The tree survey
and tree inventory map should be reviewed with the design review application. Prior to the
removal of any trees the Design Review Board and City Council should determine which trees
are to remain or removed prior to submittal of final development plan and final plat applications.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
August 15, 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 eleven(11)individuals who indicated the following concerns:
• They appreciate how the developer has compromised with the neighbors to address their
concerns.
• The applicant should be required to provide a right-in/right-out access from West Ballantyne
Lane.
• The applicant should be required to transition the sidewalks along West Deadwood Street into
Van Engelen Estates Subdivision.
• The lots which back up to Van Engelen Estates Subdivision should have a deed restriction to limit
the homes to single-story only.
• The lots along West Deadwood Street and next to Van Engelen Estates Subdivision should have a
20-foot side setback adjacent to the east property line.
• The applicant should be required to construct SimTek type fencing located adjacent to the eastern
property line.
• The applicant should be required to install a form of traffic calming on West Deadwood Street
between the two(2) subdivisions.
• The applicant should not be permitted to construct a stub street to Bakers Acres Subdivision.
However, if a stub street is required, the applicant should be required to construct a fence along
the northern property line at the terminus of the stub street.
• They are supportive of the street connection to West State Street.
• They have a concern with the phasing of the project and construction traffic. Construction traffic
access should be limited to West State Street.
• There is no documentation within the ACHD report or the City of Eagle staff report to address the
need to provide a stub street to Bakers Acres Subdivision.
• All proposed perimeter fencing should be constructed with the first phase of the development.
COMMISSION DELIBERATION:
• Providing a connection to West Ballantyne Lane will allow traffic to cut through the development to
access West State Street.
• The applicant should be required to provide a means for traffic calming on West Deadwood Street
between Van Engelen Estates Subdivision and the proposed subdivision.
• The applicant should be required to provide a fence between the terminus of the stub street to the
north and the adjacent property line.
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• The applicant should be required to construct fencing during the first phase of the development.
COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 5 to 0 to recommend approval RZ-08-22 for a rezone from A (Agricultural) to R-
3-DA-P (Residential with a development agreement — PUD) with the conditions of development as
provided within the their findings of facts and conclusions of law document,dated September 6,2022.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend approval of CU-08-22/PPUD-05-22/PP-13-22 for a
conditional use permit,preliminary development plan, and preliminary plat for Benari Estates Subdivision
with the site specific conditions of approval and standard conditions of approval as provided within their
findings of facts and conclusions of law document, dated September 6,2022.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the Eagle City Council on September 27, 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 one (1) individual
(other than the applicant and representative)who indicated they are in support of the project since the
applicant met with the neighbors and professionally handled the project based on the neighbor
concerns.
C. Oral testimony in opposition to the applications was presented to the City Council by no one.
D. Oral testimony neither in opposition to nor in favor of the applications was presented to the City
Council by seven(7) individuals who indicated the following:
• The Council should add a condition of approval which requires the applicant to construct an eight
foot (8') fence (two foot [2'] concrete wall with a six foot [6'] privacy fence on top of the
concrete wall)along the north property line of the development.
• The applicant should be required to provide clarification where the required stub street to the
north property line will be located.
• The Council should place a condition within the development agreement which requires the
homes located along the east property line to match the height of the homes located within Pine
Ranch Subdivision. In the event the Council does not require the height of the homes to match the
adjacent homes,then the allowance of the 50%maximum lot coverage should be reduced to 40%.
• Two of the individuals appreciated the applicant working with the neighbors to reach a
compromise addressing the neighbors concerns.
• During the construction of the subdivision the applicant should be required to place signage
which diverts traffic away from Pine Ranch Subdivision.
• The required stub street to the north should be used as a temporary open space until such time the
street is needed.
• The large lots adjacent to the northern property line should have less restrictive CC&Rs to allow
for agricultural uses.
• The City should place a condition on the application which ensures the traffic calming devices
will be constructed.
• There is still a concern regarding an increase in traffic from the proposed development traveling
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by the Pine Ranch Subdivision common lot.
COUNCIL DECISION REGARDING THE REZONE:
The Council voted 4 to 0 to approve RZ-08-22 for a rezone from A (Agricultural) to R-3-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 with underline text to
be added by the Council:
3.1 The maximum density for the Property shall be 2.18-dwelling units per acre(77-dwelling units).
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, 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.
(d) No similar front elevation (utilizing the same architectural style or color) of any residential
dwelling shall be duplicated:
• Within three(3)lots measured from each side lot line,
• Directly across the street and within three(3)lots (measured from each side lot line); and
• Directly behind any lot and within three(3) lots(measured from each side lot line).
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3.5 The single-family dwellings shall be constructed utilizing the architecture style as shown on Exhibit
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.
3.6 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the all common areas throughout the development, 3) landscape
screening details and buffering for the common lots located adjacent to North Ballantyne Lane and
West State Street, 4) elevation plans for all proposed common area structures and irrigation pump
house (if proposed), 5) landscape screening details of the irrigation pump house (if proposed), and
6) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar
amenities. The design review application shall be reviewed and approved by the Design Review
Board and City Council prior to the submittal of a final plat application.
3.7 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 uses. A letter of approval shall be
provided to the City from the Idaho Department of Health and Welfare, Department of
Environmental Quality, and/or Central District Health,prior to issuance of any building permits.
3.8 Owner shall provide a detailed arborist report and a 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 how the trees will be incorporated into the design of the
subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior
to city approval of a tree removal and replacement plan.
3.9 In conjunction with 3.8 above, all living trees shall be preserved,unless otherwise determined by the
Design Review Board. A detailed landscape plan showing how the trees will be integrated into the
open space areas (unless approved for removal and mitigation by the Design Review Board) shall
be provided for Design Review Board approval prior to the submittal of a final plat application.
3.10 Owner shall provide a "Heavy Truck Traffic Plan" (Exhibit F) to be followed by any vehicle or
equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation.
The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing
use of smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-
contractors and for monitoring compliance.
3.11 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.
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COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Council voted 4 to 0 to approve CU-08-22/PPUD-05-22/PP-13-22 for a conditional use permit,
preliminary development plan, and preliminary plat for Benari Estates 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 and strike through text to
be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-08-22.
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 required setbacks shall be as follows:
Front 31-feet living and side entry garage (20-feet from back of
sidewalk)
36-feet front load garage(25-feet from back of sidewalk)
Rear 25-feet
30-feet(Lots 22-29,Block 1 and Lots 3-7,Block 2)
Interior Side 7.5-feet(first story), 5-feet(each additional story)
Lot 58,Block 1, 18-feet(east property line)
Street Side 20-feet
Maximum Lot Coverage 5040%
5. Provide a revised preliminary planned unit development plan noted as a preliminary plan unit
development/preliminary plat prior to submittal of final development plan and final plat applications.
6. Provide a revised preliminary planned unit development/preliminary plat with plat note#1 revised to
state, "Lots 17, 35, 38,41 and 47,Block 1, Lot 1,Block 2, Lot 1,Block 3, and Lots 1, 6, and 9,Block
4 are common lots to be owned and maintained by the Benari Estates Community Association. The
common lots are subject to blanket public utility, drainage, and irrigation easement. Driveways are
prohibited across common lots." The revised preliminary planned unit development/preliminary plat
shall be provided prior to submittal of final development plan and final plat applications.
7. Provide a revised preliminary planned unit development/preliminary plat with plat note#2 revised to
state, "A public utilities, irrigation,and drainage(PUID)easement shall be provided as follows:
A. 10 feet wide adjacent to the subdivision boundary.
B. 21 feet wide adjacent to the public right-of-way(10 feet behind sidewalk)
C. 10 feet wide adjacent to all interior rear lot lines(10 feet in total)
D. 10 feet wide adjacent to all interior rear lot lines"
The revised preliminary planned unit development/preliminary plat shall be provided prior to
submittal of final development plan and final plat applications.
8. Provide a revised preliminary planned unit development/preliminary plat with plat note#3 revised to
state, "Minimum building setbacks shall be in accordance with the City of Eagle applicable zoning
regulations or as specifically approved." The revised preliminary planned unit
development/preliminary plat shall be provided prior to submittal of final development plan and final
plat applications.
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9. Provide a revised preliminary planned unit development/preliminary plat with plat note #8 revised to
state, "Irrigation water has been provided by New Dry Creek Ditch Company 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 Benari Estates Community Association.
The pressurized irrigation system shall be owned and maintained by the Benari Estates Community
Association, or its assigns." The revised preliminary planned unit development/preliminary plat shall
be provided prior to submittal of final development plan and final plat applications.
10. The applicant shall be required to landscape the following areas located within ACHD right-or-way:
1)the area located at the northeast corner of North Ballantyne Lane and West State Street, 2)the area
located in proximity to the sidewalk along West State Street, 3) the landscape islands located within
West Yellowstone Court, West Deadwood Court, and North Great Falls Avenue,and 4)the portion of
the planter strips located along the public streets. The landscape plan shall be reviewed and approved
by the Design Review Board and City Council prior to submittal of final development plan and final
plat applications. The landscaping should be installed, or a surety should be submitted for installation
of the landscaping, and the applicant shall provide a recorded ACHD License Agreement associated
with the landscaping located within the ACHD right-of-way prior to the City Clerk signing the final
plat.
11. 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 the City Clerk signing the final
plat.
12. The applicant shall provide a revised preliminary planned unit development/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 planned unit
development/preliminary plat shall be provided prior to submittal of final development plan and final
plat applications.
13. Provide a revised preliminary planned unit development/preliminary plat with a preliminary
engineering plan with a symbol in the legend noting stormwater facilities prior to submittal of final
development plan and final plat applications. The applicant should also provide a revised preliminary
planned unit development/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 planned unit development/preliminary plat shall be provided prior to submittal of
final development plan and final plat applications.
14. Provide a revised preliminary planned unit development/preliminary plat with a new plat note which
states, "This development recognizes section 22-4503 of the Idaho Code, Right to Farm Act, which
states: No agricultural operation, agricultural facility or expansion thereof shall be or become a
nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural
activities after it has been in operation for more than one (1) year, when the operation, facility or
expansion was not a nuisance at the time it began or was constructed. The provisions of this section
shall not apply when a nuisance results from the improper or negligent operation of an agricultural
operation, agricultural facility or expansion thereof." The revised preliminary plat and planned unit
development shall be provided prior to submittal of final development plan and final plat applications.
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15. Provide a tree inventory map associated with the tree survey, date stamped by the City on August 1,
2022, as part of the design review application process. The tree survey and tree inventory map shall
be reviewed with the design review application. Prior to the removal of any trees, the Design Review
Board and City Council shall determine which trees are to remain or be removed prior to submittal of
fmal development plan and final plat applications.
16. The developer shall provide shade-class (Class II) 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 within 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.
17. 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).
18. Provide a revised fencing exhibit showing open style fencing located adjacent to the common area
open spaces and on the street side of all corner lots prior to execution of the development agreement
associated with the rezone(RZ-18-22).
19. The applicant shall be required to comply with the Parks, Pathways, and Recreation Commission's
Pathway Recommendation,dated August 8,2022,prior to the City Clerk signing the final plat.
20. 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.
21. Owner shall work with the City to establish a Conservation and Education Program (CEP) Funding
Plan associated with Benari Estates Subdivision. The CEP Funding Plan shall be executed by the
Owner and City prior to the City Clerk signing the final plat.
22. The Benari Estates Subdivision shall remain under the control of one Homeowners Association.
23. The applicant shall construct traffic calming devices (chicanes) along West Deadwood Street at the
entrance to Van Engelen Estates Subdivision. The applicant shall provide a revised planned unit
development/preliminary plat showing the location of the traffic calming devices (chicanes) prior to
submittal of a design review application. The traffic calming devices (chicanes)shall be reviewed and
approved by ACHD prior to installation.
24. The applicant shall install solid privacy fencing along the north property line at the terminus of the
stub street. The privacy fencing shall be constructed prior to the issuance of building permits City
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25. The applicant shall construct the solid privacy fencing along the north and east property lines prior to
the issuance of building permits .
26. The applicant shall provide a revised preliminary development plan/preliminary plat showing the
location of the ACHD required stub street located between West Yellowstone Court and the north
property line prior to submittal of a design review application.
27. The applicant shall construct an eight foot (8') high fence (as measured from the Bakers Acres
Subdivision side of the fence) along the north property line. The eight foot (8') high fence shall be
composed of a two foot (2') high concrete block wall with a six foot (6') high privacy fence located
on top of the concrete block wall.
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
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 fmal
plat. A copy of the construction drawing(s)shall be submitted with the letter.
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10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to
the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will
be developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the
final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer
and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so
graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff
shall cross any lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing
by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1)has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to
the City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall
not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval
of the organized irrigation district, canal company, ditch association, drainage district, drainage
entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or
canal. The 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:
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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 fmal 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 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 fmal plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
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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 fmal plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the fmal 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.
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37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment
over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy
truck traffic routes shall maximize use of highways and major arterials while minimizing use of
smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all
sub-contractors and for monitoring compliance.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone with
development agreement (RZ-08-22) 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 is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of R-3-DA-P (Residential with a development agreement -
PUD) is consistent with the Neighborhood Residential designation as shown on the
Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
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-3-DA-P (Residential with a development agreement - PUD) zoning district is
compatible with the A-R(Agricultural-Residential) zone and land use to the north since that area
is developed with a residential subdivision (Bakers Acres Subdivision) and the applicant is
required to provide larger lots adjacent to the north property line and provide a small buffer berm
with a privacy fence adjacent to the north property line of the development;
d. The proposed R-3-DA-P (Residential with a development agreement - PUD) zoning district is
compatible with the R-9-DA (Residential with a development agreement — PUD) and MU-DA
(Mixed Use with a development agreement)zones and land uses to the south. The residential area
is proposed to be developed with single-family attached homes and the mixed use area is
proposed to be developed with an enclosed storage facility. Also,the property located to the south
is separated from the subject property by a minor arterial (West State Street) and a landscape
buffer area located on the north side of the road
e. The proposed R-3-DA-P (Residential with a development agreement - PUD) zoning district is
compatible with the R-2 (Residential) zone and land use to the east since that area has been
developed with a residential subdivision (Van Engelen Estates Subdivision) containing lots of
similar size.;
f. The proposed R-3-DA-P (Residential with a development agreement - PUD) zoning district is
compatible with the R-2-DA-P(Residential with a development agreement—PUD)zone and land
use to the west since that area has been developed with a residential subdivision (Countryside
Estates Subdivision) containing lots of similar size. Also, the property located to the west is
separated from the subject property by a collector (North Ballantyne Lane) and landscape buffer
areas located on each side of the road;
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-3-DA-P zone.
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2. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan and preliminary plat (CU-08-22/PPUD-05-22/PP-13-22) 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.
Benari Estates Subdivision is designed in conformance with the comprehensive plan and
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.
Benari Estates 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.
Benari Estates 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. Benari Estates Subdivision will be served by West State Street
(minor arterial) and an internal street (West Deadwood Street [local street]) is connected to the
adjacent subdivision. Also, ACHD is requiring the applicant to construct a stub street to provide
connectivity north of the proposed subdivision; and
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.
Benari Estates Subdivision will be served by West State Street (minor arterial). 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 of Idaho, Inc.,
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.
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The development will contain a minimum of 7.18-acres (20.6%) of open space. A total of 1.47-
acres(20.5%)of the common area open space is active open space. The open space is inclusive of
the buffer areas located adjacent to North Ballantyne Lane and West State Street, common lots
located at the internal street intersections, a central park area, and a dog park. There are two (2)
common areas which will contain pathways allowing residents to travel from east to west through
the development. The central park area will consist of a play structure,pathway, seating and large
open lawn area for recreation; 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 north and east which will provide intra-neighborhood connectivity. Access to the
development will be provided from West State Street. 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.
The site was previously utilized for agricultures uses; therefore, no scenic or historic features of
major importance exist on site. The applicant is also required to either preserve or mitigate for the
removal of the remaining trees located within the 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-3-DA-P (Residential with a development agreement—PUD) to allow
for flexibility in design while still maintaining a maximum density of the proposed development
at 2.21-dwelling units per acre; and
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This applicant has requested approval of a conditional use permit,preliminary development plan,
and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as
will be required to meet the conditions herein. In addition, the developer will be required to
submit an application for design review and comply with all Eagle City Codes and conditions of
approval of the design review; and
1. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
Residential is the only use approved for this development.
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.
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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 Veolia Water of Idaho, Inc. The water
infrastructure will be constructed at the developer's expense.
Sewer
As required herein, the applicant is required comply with requirements and conditions of the
Eagle Sewer District. Also, the owner will be required to proof of central sewer service to the
proposed residential uses.
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 20.6% of passive and active open space. The
applicant is required to provide amenities to provide the residents living within the development
recreational opportunities. The project will also generate park impact fees to be utilized for the
creation of additional parks or add new equipment to existing parks within the City of Eagle.
Maintenance
The maintenance of any private open space areas will be regulated by the Benari Estates
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.
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$44,175.00/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.
Page 28 of 29
KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benan Estates Sub ccidoc
DATED this 1 1 th day of October, 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Jo 'erce, Mayor
AT EST: .•`���� LE ,,,,,
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racy E rn, Eagle City Cleric:.,>..1 e , :O
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