Findings - CC - 2022 - PP-15-21 MOD - Modification To The Preliminary Plat For Amberly Ranch Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE )
PRELIMINARY PLAT FOR )
AMBERLY RANCH SUBDIVISION )
FOR CORE BUIDING CO. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-15-21 MOD
The above-entitled preliminary plat modification application 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:
Core Building Co.,represented by Rick Perez, is requesting a modification to the preliminary plat
approvals for Amberly Ranch Subdivision, a four lot (3-buildable, 1-common) residential
subdivision totaling 7 acres, to remove the requirement to extend central water service to the site.
The 7-acre site is located approximately 640 feet west of the intersection of West Beacon Light
Road and North Ballantyne Lane.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 2,2022.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application 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 11, 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 16,2022.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 8, 2022, the City Council approved application A-10-21/RZ-15-21 & PP-15-21
annexing 11.81 acres of property, including the subject property,rezoning the property from RUT
to R-E-DA,and approving a preliminary plat for a four(4)lot, seven(7)acre subdivision.
Page 1 of 7
K:\Planning Dept\Eagle Applications\SUBS\202l\Amberly Ranch Sub\05-MOD\Amberly Sub MOD ccfdoc
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Estate Residential (No R-E-DA(Residential-Estate Single family
change) with a development residential
agreement) subdivision
(Amberly Ranch)
North of site Agriculture/Rural RUT(Rural-Urban Transition Single family
—Ada County designation) residential
South of site Estate Residential RUT(Rural-Urban Transition Single Family
—Ada County designation) Residential
East of site Estate Residential R-E (Residential Estate) Single Family
Residential
West of site Estate Residential RUT(Rural-Urban Transition Single Family
—Ada County designation) Residential
F. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA,or DSDA
G. SITE DATA:
Total Acreage of Site(to be platted at this time)—7 acres
Total Number of Lots—4
Residential—3
Commercial—0
Industrial—0
Common— 1
Total Number of Units— 3
Single-family— 3
Duplex—0
Multi-family— 0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1-unit per 2.33 acres 1-unit per 2.33 acres(per
development agreement)
Minimum Lot Size 87,000-square feet(2-acres) 1.8-acres
Minimum Lot Width 271.05-feet 100-feet
Minimum Lot Frontage 106-feet 35-feet
Total Acreage of Common Area None proposed None required in the R-E zone
Percent of Site as Common Area 0% 0%required in the R-E zone
Page 2 of 7
K:\Planning Dept\Eagle Applications\SUBS\202I\Amberly Ranch Sub\05-MOD\Amberly Sub MOD ccfdoc
H. GENERAL SITE DESIGN FEATURES:
Fire Hydrants and Water Mains: None proposed.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will utilize individual well and septic. Central water is currently located
approximately 2,890 feet from the site. The property will receive fire protection from the Eagle
Fire Department and police protection from the Eagle Police Department.
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. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 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 parcel division applications
submitted after the effective date hereof in all zoning districts except the city council may
permit the use of individual well(s) and septic system(s) in the A, A-R and R-E zoning
districts upon a determination that the public health, safety,and welfare will not be negatively
impacted. 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.
B. DISCUSSION:
• The applicant is requesting an additional site specific condition of approval to remove the
requirement to extend central water to the site.
• The applicant has provided the following justification:
"The engineer who presented this item acknowledged the requirement to install fire hydrants
when asked about it by both Council Members Pike and Baun but erroneously though he
could work that out with the fire department and had no data on the exact length of water line
extension-or cost.
Currently the cost for extending the water line is estimated to be $984,650, due to the line
needing to be extended 2890 feet. This requirement makes this rural development infeasible
and we believe that these extenuating circumstances, including the fact that only a total of
three new homes are possible in both Amberly Ranch and Dr. Wangs property, justify the
modification.
Furthermore, and most importantly, we believe that the rural nature of Eagle would be
negatively impacted by developers deciding to hold property waiting until higher densities
may be possible. It is far better to have these low-density properties develop now under the
one unit per two-acre density preserving our rural environment."
• Since the time the original application was approved, the City has modified the code to
require all new development to extend water service regardless of the zoning unless the
Council explicitly chooses to waive the requirement.
Page 3 of 7
K:\Planing Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\05-MOD\Amberly Sub MOD ccf.doc
• If the Council chooses to waive the requirement for central water service, staff recommends
the following language be added to the site specific conditions to help mitigate for fire:
Central water shall not be required to be extended to the site providing for fire hydrants as
required by approved Standard Condition Number 16. The following conditions shall apply:
a. Exterior materials for all new development shall be non-combustible per IFC2018
b. New residences shall have a 2 hour fire wall between living space and garages to the
roof, class A
c. There shall be a minimum distance of 100 feet between homes
d. Landscape plantings withing 30-feet of any home shall meet fire wise standards as
approved by a fire wise specialist
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the 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 application was presented to the City Council by two (2) individuals
(not including the applicant/representative). They spoke in favor of not requiring water,which would
slow down the project, potentially conflict with work ACHD is doing on Beacon Light Road this
year, and could encourage additional density.
C. Oral testimony in opposition to the application was presented to the Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve PP-15-21 MOD for a modification to the Amberly Ranch
Subdivision Preliminary Plat., with the following site-specific conditions of approval and standard
conditions of approval with underlined text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for annexation and rezone
applications A-10-21/RZ-15-21.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an
invoice by the City,whichever occurs first.
4. Plat notes shall be revised to be numbered.
5. The first plat note under "Standard Easement Notes" shall be revised to identify the street as
private,not public,prior to submittal of the final plat application.
6. The first plat note under"Private Street Notes" shall be revised to remove"driveway" so that it is
clear access is being taken from a private street (the name of the street may also be identified)
prior to submittal of the final plat application.
7. A new plat note shall be added to the preliminary plat stating"Irrigation water has been provided
by Farmers Union Ditch Company in compliance with Idaho Code Section 31-3805(1)(b). Lots
with in 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
assess by the homeowner's association. The pressurized irrigation system shall be owned and
maintained by the Amberly Ranch Subdivision Homeowner's Association,or it assigns."
Page 4 of 7
K:\Planning Dept\Eagle Applications\SUBS\2021Nmberly Ranch Sub\05-MOD\Amberly Sub MOD ccfdoc
8. 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 or
private lots (unless approved for removal by the Design Review Board) shall be provided for
Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be
installed (pursuant to the Design Review Board's direction) to protect all trees that are to be
preserved,prior to the commencement of any construction on the site.
9. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be
placed at the front of each lot generally at each side property line, or as approved by the Design
Review Board. 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.
10. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required
to install two (2) one inch and a quarter (1 I/4") fiber-optic conduit lines along both sides of all
public streets with a hand hold every 400 ft. 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.
11. The applicant shall provide a GIS shape file of the subdivision (file type(s) as approved by the
Zoning Administrator)prior to the City Clerk signing the final plat.
12. 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).
13. The Amberly Ranch Subdivision shall remain under the control of one Homeowners Association.
(ECC 9-3-8[D][4])
14. 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.
15. Street name approval by the Ada County Street Name Committee has not been received to date.
Approval from that committee is required prior to final plat approval.
16. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][1])
17. Central water shall not be required to be extended to the site providing for fire hydrants as
required by approved Standard Condition Number 16. The following conditions shall apply:
a. Exterior materials for all new development shall be non-combustible per the 2018 IFC.
b. New residences shall have a 2-hour fire wall between living space and garages, which
shall extend to the roof. Roofs shall be considered a Class A Roof
Page 5 of 7
K:\Planning Dept\Eagle Apptications\SUBS\2021\Amberly Ranch Sub\05-MOD\Amberly Sub MOD ccfdoc
c. There shall be a minimum distance of 100 feet between homes
d. Landscape plantings withing 30-feet of any home shall meet fire wise standards; all
landscaping plans shall be reviewed and approved by a Firewise Specialist.
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 standard conditions of approval as outlined in the original
application,A-10-21/RZ-15-21/PP-15-21.
CONCLUSIONS OF LAW:
The Council reviewed the particular facts and circumstances of this preliminary plat modification(PP-15-
21 MOD) and based upon the information provided concludes that the proposed development is in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives:
1. The subdivision will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the
findings provided within this document and the proposed residential use is in accordance with the
residential land use designation of this area shown within the Comprehensive Plan;
2. The subdivision will be adequately served by individual well and septic as well as by essential public
facilities such as streets, police and fire protection, schools, drainage structures, refuse disposal; or
that the persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services, as noted in the documentation provided from said agencies and
as required as a part of the conditions of approval;
3. That there are no known capital improvement programs for which this development would prevent
continuity;
4. That based upon agency verification and additional written comments of the Eagle Fire District, there
is adequate public financial capability to support the proposed development;
5. That any health, safety and environmental problems that were brought to the Council's attention have
been adequately addressed by the applicant or will be conditions of approval as set forth within the
conditions of approval herein.
Page 6 of 7
K:\Planning Dept\Eagle Applications\SUBS\2021\Amberly Ranch Sub\05-MOD\Amberly Sub MOD ccfdoc
DATED this 1 1th day of October 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
121 Pierce,\ ayor
Lt •
A EST: G• ... *
� •,
- • a / y�:Q =
Tracy E. s o , Eagle City Cler$>" x if7 ; q
Page 7 of 7
K:\Planning Dept\Eagle Applications\SUBS\202 I\Amberly Ranch Sub\05-MOD\Amberly Sub MOD cctdoc