Findings - CC - 2022 - A-05-22/RZ-05-22/CU-06-22/PPUD-03-22/PP-09-22 - Annexation, Rezone From Rut To R-2-Da-P, Conditional Use Permit, Preliminary Development Plan, And Preliminary Plat For Willowbrush Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR AN )
ANNEXATION,REZONE FROM RUT [RURAL-URBAN )
TRANSITION] TO R-2-DA-P [RESIDENTIAL WITH A )
DEVELOPMENT AGREEMENT-PUD],CONDITIONAL )
USE PERMIT,PRELIMINARY DEVELOPMENT PLAN, )
AND PRELIMINARY PLAT FOR WILLOWBRUSH )
SUBDIVISION FOR JON HASTINGS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-05-22/RZ-05-22/CU-06-22/PPUD-03-22/PP-09-22
The above-entitled annexation,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 October 11, 2022, at which time public testimony was taken and the public hearing was closed. The
Eagle City Council having heard and taken oral and written testimony, and having duly considered the
matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
PROJECT SUMMARY:
A. Jon Hastings, represented by Antonio Conti, P.E. with Ackerman-Estvold, is requesting an
annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to R-2-
DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary
development plan, and preliminary plat approvals for Willowbrush Subdivision, a 13-lot (10-
buildable, 3-common) residential planned unit development. The 4.97-acre site is located at the
southwest corner of North Park Lane and West Beacon Light Road at 2795 North Park Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall on Thursday, February 3, 2022, at 6:00
p.m. in compliance with the application submittal requirement of Eagle City Code. The
applications for this item were received by the City of Eagle on March 16, 2022. A revised
concept plan, preliminary development plan, preliminary plat, fencing plan with exhibit,
pathways and trails plan, and pressurized irrigation report were submitted to the City on July 1,
2022.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on March 30, 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 August 12, 2022. Notice of this public
hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter
65, Idaho Code and Eagle City Code on August 17,2022. The site was posted in accordance with
the Eagle City Code on August 24, 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 22, 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 23,
2022.The site was posted in accordance with the Eagle City Code on September 30,2022.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justification letter, date stamped by the City on March 16, 2022 (attached to the
staff report).
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood RUT(Rural-Urban Single-Family Residence
Residential Transition—Ada County
(Transition Overlay) designation)
Proposed No Change R-2-DA-P (Residential Single-Family,Residential
with a development Planned Unit Development
agreement—PUD)
North of site Agriculture/Rural RUT(Rural-Urban Single-Family Residence
Transition—Ada County and Agriculture
designation)
South of site Neighborhood R1 (Residential—Ada Single-Family Residential
Residential County designation) Subdivision(Rip Cord
(Transition Overlay) Ranch Subdivision)
East of site R-2-DA-P(Residential Single-Family Residential
Neighborhood with a development Subdivision(Park Lane
Residential Estates
(Transition Overlay) ) Subdivision)
agreement—PUD
West of site Neighborhood R1 (Residential—Ada Single-Family Residential
Residential County designation) Subdivision(Callaway
(Transition Overlay) Ranch Subdivision)
H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA,CEDA or DSDA.
SITE DATA:
Total Acreage of Site—4.97-acres
Total Number of Lots— 13
Residential— 10(including one [1] existing)
Commercial— 0
Industrial— 0
Common—3
Total Number of Units—
Single-family— 10
Single-family attached—0
Two-family—0
Multi-family—0
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Total Acreage of Any Out-Parcels—0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 2.01-dwelling units/acre 2.01-dwelling units per
acre maximum(as limited
by the development
agreement)
Minimum Lot Size 10,484-square feet 17,000-square feet
Except that a decrease of
minimum lot size in a subdivision
may be allowed if there is an
offsetting increase of the same
percentage in open space and a
planned unit development is
applied for and approved)—
pursuant to ECC Section 8-6-6-5
(A).The applicant has provided
.1 5-acres of offsetting increase of
open space. The offsetting
increase of the required
percentage in open space has
been provided.
Minimum Lot Width 75-feet 75-feet(minimum)
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Area 1.35-acres 1.29-acres(minimum)
Open Space (Inclusive of.30-acres of
offsetting increase of open space)
Percent of Site as Common Area 27.1% 25.9%(minimum)
Open Space Except that,according to ECC
Section 9-3-8(C)the City may
require additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 11 or more lots.
Percent of Common Area Open 21.8%(11,445-square feet) 15%(7,843-square feet)
Space as Active Open Space (minimum)
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J. GENERAL SITE DESIGN FEATURES:
The applicant is proposing 50-foot-wide landscaped buffer along West Beacon Light Road and a
35-foot-wide landscaped buffer along North Palmer Lane adjacent to the development. The
proposed widths of the landscaped buffer areas are in conformance with Eagle City Code Section
8-2A-7(J)(4).
Common Area Open Space:
A total of 1.35-acres(27.1%)of open space is proposed within the subdivision. The common area
open space consists of the required buffer areas along North Palmer Lane and West Beacon Light
Road, a common lot (Lot 11) consisting of a gazebo, pathway and ACHD storm water facility, a
common lot (Lot 14) located adjacent to the west property line for a future public pathway,
planter strips, and a landscape island.
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 graded
so 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:
The proposed easement widths as noted on the preliminary plat, date stamped by the City on July
1, 2022, are in conformance with Eagle City Code Section 9-3-6. The existing house is served by
overhead power.
Fire Hydrants and Water Mains:
The preliminary plat, date stamped by the City on July 1, 2022, shows a fire hydrant located at
the entrance to the subdivision. Hydrants are to be located and installed as required by the Eagle
Fire Department.
On-site Septic System:
The existing residential dwelling located in proximity to the northeast corner of the property is
served by a septic system. The septic system will be abandoned during construction of the
subdivision.
Preservation of Existing Natural Features:
The existing home is surrounded by several mature trees. The applicant will be required to
preserve the existing trees or mitigate for any trees proposed to be removed.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
K. STREET DESIGN:
Private or Public Streets:
The development will be served by a single public street. The construction plans associated with
the proposed public street will be reviewed and approved by Ada County Highway District prior
to construction.
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Applicant's Justification for Private Streets(if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
One(1)cul-de-sac is proposed:
West Havervill Court: 382-feet in length, 52-foot radius
Sidewalks:
The preliminary development plan and preliminary plat, date stamped by the City on July 1,
2022, show a five-foot-wide detached sidewalk located adjacent to West Havervill Court and
North Park Lane. The preliminary development plan and preliminary plat shows an eight-foot-
wide sidewalk located adjacent to West Beacon Light Road.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
Bike Paths:None proposed.
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided within all
subdivisions as part of the public right-of-way or separate easement, as may be specified by the
City Council.
M. PUBLIC USES PROPOSED:None proposed.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will be served by Veolia Water of Idaho, Inc. The Eagle Sewer District provided an
email which indicated the property is not annexed into the District. Upon annexation,the property
may be served from a sewer line located within North Park Lane.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no.
Fish Habitat—no
Floodplain—no
Mature Trees — yes — several trees surrounding the existing residence located at the northeast
corner of the property
Riparian Vegetation—no
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Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—yes—within the existing trees
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated July 21, 2022, 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 12, 2022, are of special concern (attached to the staff
report).
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
New Dry Creek Ditch Company
S. LETTERS FROM THE PUBLIC: None received to date.
T. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The development is proposed to be constructed in a single phase.
U. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment,
and/or conditions of operation that will be detrimental to any persons,property or the general
welfare by reason of excessive production of traffic,noise, smoke, fumes,glare or odors.
5. That the development will be served adequately by essential public facilities such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water and
sewer,and schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
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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.
17. LANDSCAPING:
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of
existing landscape, pedestrian way treatment, and recreational areas, incorporated into this
development,exceed that of a non PUD development.
18. SITING:
That the quality of the designs for visual focal points, use of existing features such as
topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation
pattern, physical environment, variation in building setbacks, and building grouping (such as
clustering), incorporated into this development,exceed that of a non PUD development.
19. DESIGN FEATURES:
That the quality of the designs for street sections, architectural styles, harmonious use of
materials, parking areas broken by landscaping features, and varied use of housing types,
incorporated into the development, exceed that of a non PUD development.
V. FISCAL IMPACT ANALYSIS:
See Developer Data Table, date stamped by the City on March 16, 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:
6.5 Land Use Designation
The Comprehensive Plan Land Use Map(adopted November 15, 2017),designates this site as the
following:
Neighborhood Residential
Suitable for single-family residential. Densities range from 2 units per acre to 4 units per acre.
Residential Transition Overlay
Residential development that provides for transition between land use categories and uses.
Commonly requires a transition/change in density, lot sizing, and building scaling with a specific
parcel or project. Base densities may be reduced or units may be clustered to increase open space
within a portion of a site when property is in this overlay. Neighborhood design will be
paramount in this overlay to ensure appropriate transition between uses. See specific planning
areas for further description.
6.6.1 Village Planning Area Uses/Design
b. Densities should decrease as distance increases from the Village Center. The overall densities
in the Village Planning Area and, in the Neighborhood, Residential designation, south of
Beacon Light Road,should average 1-2 units per acre.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks Minimum
Note Conditions A To E* Maximum Lot Area
Lot (Acres Or ' Minimum
Zoning Maximum Interior Street Covered F Square Lot
District Height Front Rear Side Side And J* Feet)H* Width I*
R-2 35' 30' 30' 10' 20' 40% 10,000 75'
B. Additional 5 feet per story side setback is required for multi-story structures. Height not
to exceed maximum allowed within the zone.
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
• Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements:
A. Landscape Plan Required: A landscape plan is required for all developments requiring a
design review, including, but not limited to, all subdivisions. The landscape plan shall be
drawn to scale(no smaller than 1 inch equals 30 feet)and shall indicate the following:
1. Boundaries,property lines, and dimensions.
2. Existing trees and vegetation identified by species and size.
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C. Retention,Removal,And Replacement Of Trees:
1. Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city.
2. Removal And Replacement Of Existing Trees:
a. Where trees are approved by the city to be removed, replacement with a species
identified in section 8-2A-7Q of this article is required. For each caliper inch of
deciduous tree removed, an equivalent amount of caliper inches shall be
replanted. For each vertical foot of coniferous tree removed, an equivalent
amount of vertical feet shall be replanted.
Example: An eight inch (8") caliper deciduous tree is removed, an acceptable
replacement would be four (4) two inch (2") caliper deciduous trees. A twelve foot
(12') tall coniferous tree is removed, an acceptable replacement would be two (2) six
feet(6')tall coniferous trees.
• Eagle City Code Section 8-2A-7(J)(4)(a&b): Landscape and Buffer Area Requirements:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet(35')wide buffer area(not including right of way) shall be
provided with the following plants per one hundred(100) linear feet of right of way: four
(4)shade trees, five(5)evergreen trees, and twenty four(24)shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent(50%)of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall,or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall
be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be
provided in combination with the berm, a four foot (4') wide flat area shall be provided
for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted.
b. Any road designated as a minor arterial on the transportation and pathway network plan
in the Eagle comprehensive plan:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: five
(5)shade trees, eight(8)evergreen trees,three(3)flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall
be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be
provided, in combination with the berm, a four foot (4') wide flat area shall be provided
for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted.
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• Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options, the following
design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title, except that a decrease in the minimum lot size
may be allowed if there is an "offsetting increase" of the same square footage in open
space and a favorable finding is made by the council that the smaller lots are
appropriately integrated into the overall design and that the building product type is
compatible with the PUD and surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point
for minimum open space, prior to any "offsetting increase" being added, shall be the area
that is equal to ten percent (10%) of the site. This allowance shall only be permitted
under the following criteria:
1. The total common area open space shall be equal to or greater than twenty percent
(20%), inclusive of the "offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity
and architectural and siting variation are incorporated into the development and that
these factors make up a substantial contribution to the objectives of the PUD. These
design elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical environment,
variation in building setbacks and building grouping(such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone
under section 8-2-4 of this title.
C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-2-3: Preliminary Plat:
C. Required Information and Data:
3. The following shall be submitted separately:
h. The land use and existing zoning of the proposed subdivision and the adjacent
land;
m.Any proposed or existing utilities, including,but not limited to, storm and sanitary
sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire
hydrants and their respective profiles;
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• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner
lots shall be an open fencing style such as wrought iron or other similar decorative style,
durable fencing material,unless the fence is located on the property line between the required
roadway buffer area and the residential lot, in which case the fence may be a solid wood
picture frame or premium vinyl picture frame fence as identified in the EASD book. If the
buffer area is designed so that the fence is visible from the adjacent roadway, then the fence
shall include decorative columns spaced a maximum of sixty feet (60') apart. Specific buffer
area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J
of this code. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall
not be permitted within the above designated areas. A section within the subdivision CC&Rs
shall be created for the regulation of fences to this effect.
• Eagle City Code Section 9-4-1-6(B)(1)(c): Pedestrian/Bicycle Pathway and Sidewalk
Regulations:
A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel,
and to provide safe, convenient and aesthetic alternative travel routes to common
destinations such as schools, parks, shopping centers, etc. The following factors will be
considered in the placement of any pathway: the utility and need for a given pathway,
impacts to existing neighborhoods, compliance with the comprehensive plan and trails
and pathways master plan pathway design as it relates to both crime prevention and
function,and the responsibilities of ownership,maintenance,and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways(except in cases
where it is shown to be inappropriate),that provide access to adjacent:
c. Adopted pathway elements within the comprehensive plan trails and pathways
master plan;
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required
• Eagle City Code Section 9-4-1-9(C)(1)(a): Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
1. All residential dwelling units and subdivision common areas shall be provided with a
pressurized irrigation system to be served with irrigation water from a surface water
right unless a waiver, as outlined herein, is approved by the city council.
The city has adopted supplemental standards and regulations (titled "Pressure
Irrigation Standards", incorporated herein by reference and available at Eagle city
hall)pertaining to the design, construction and maintenance of pressurized irrigation
systems. Plans and documents reflecting the required standards and regulations shall
be submitted with the application for a preliminary plat.
The following design requirements and the requirements provided within the
supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation
system. These standards shall supplement all other regulations, and where at variance
with other laws, regulations, ordinances or resolutions, the more restrictive
requirements shall apply. The council may determine that revisions to the
supplemental standards are warranted and make such revisions by act of a resolution.
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a. The pressurized irrigation system may have a backup connection to a potable
water system with the approval of the city, city engineer, and the potable water
purveyor, and the installation of a state approved reduced pressure backflow
prevention assembly or an air gap separating the irrigation system and the potable
water system. The operation, maintenance, associated costs, and annual
inspection of the backup connection and the backup system's reduced pressure
backflow prevention assembly shall be the responsibility of the entities as
determined in "Pressure Irrigation Standards" of this section. Individual backup
connections to individual lots by individual lot owners shall be prohibited with
the exception of the common area lots owned and maintained by the
homeowners'association.
D. DISCUSSION (based on the preliminary development plan, date stamped by the City on July 1,
2022, and the preliminary plat, date stamped by the City on July 1, 2022):
• The site contains several mature trees located in proximity to the northeast corner of the site.
Based on the location of the mature trees, the applicant should be required to provide a
detailed arborist report and a tree inventory map identifying all existing trees located onsite.
The report should identify, at a minimum, species, size, and health of the trees. The arborist
report and map should be provided with the submittal of a design review application. Also,
the applicant should 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 should be
removed from the site prior to city approval of a tree removal and replacement plan.
• The site contains several accessory structures. The preliminary development plan and
preliminary plat delineates the location of the existing house and states, "existing house to be
protected in place all other structures will be demolished."The preliminary development plan
and preliminary plat delineates locations in proximity to the location of the existing accessory
structures; however, the locations shown do not note what is being delineated. The applicant
should provide a revised preliminary development plan and preliminary plat noting and
identifying the location of the accessory structures to be removed. The revised preliminary
development plan and preliminary plat should be submitted prior to submittal of a design
review application. The accessory structures located on the site should be removed prior to
the City Clerk signing the final plat.
• The fencing exhibit, date stamped by the City on July 1, 2022, identifies three (3) styles of
fencing which will be utilized throughout the development. One(1)of the styles referenced is
a 6' closed vision fencing (vinyl). The fencing exhibit shows the 6-foot closed vision fencing
(vinyl)located adjacent to Lot 11 (common lot)and adjacent to the buffer berms along North
Park Lane and West Floating Feather Road. Pursuant to Eagle City Code Section 9-3-10, any
fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material, unless the fence is located on the property line between the required
roadway buffer area and the residential lot, in which case the fence may be a solid wood
picture frame or premium vinyl picture frame fence as identified in the EASD book. If the
buffer area is designed so that the fence is visible from the adjacent roadway, then the fence
shall include decorative columns spaced a maximum of sixty feet (60') apart. Specific buffer
area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-
7(J) of City code. Also, if the fence located adjacent to the buffer berms is visible from the
adjacent roadways the applicant will be required to add decorative columns spaced a
maximum of 60-feet apart. The applicant should be required to provide a revised fencing
exhibit identifying open style fencing located along the north and west property line of Lot
11. The fencing exhibit should also show an option for 6-foot high privacy fencing (vinyl)
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with decorative columns spaced 60-feet apart located adjacent to the buffer berms, in the
event the proposed fence is visible from the adjacent roadway. The revised fencing exhibit
should be provided prior to signature of the development agreement associated with the
rezone.
• The applicant is requesting a R-2-DA-P (Residential with a development agreement—PUD)
zoning designation. Pursuant to Eagle City Code Section 8-2-4, the following setbacks are
required within the R-2 (Residential)zoning designations:
Front 30-feet
Rear 30-feet
Interior Side 10-feet(first story) 5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
* A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5-foot
reduction in the minimum required front yard setback provided that the distance in no less
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 shows a typical street section shows a typical street section for the
interior street with 6-feet of the 8-foot-wide planter strip and the 5-foot-wide detached
sidewalk being located within the property. As noted, all front load garages are required to be
setback 25-feet from the back of sidewalk. Also, the applicant is requesting that the existing
home is permitted to remain at its current location. Based on the required buffer areas, upon
recordation of the final plat,the existing home(located within Lot 10)the setbacks to the east
and north property lines will be 16-feet and 8-feet,respectively.
It is staff's opinion that based on the location of the existing home (Lot 10), size of the lots,
and the location of the detached sidewalk the following setbacks(measured from the property
line)and maximum lot coverage for this development should be required:
Front 30-feet(living)
36-feet(front-load garage, side-entry may be reduced by 5-feet)
Rear 30-feet
Interior Side 10-feet(first story) 5-feet(each additional story)
Maximum Lot Coverage 40%
Lot 10
Front 30-feet(measured from West Haverhill Court)
Rear 16-feet(east property line)
Side 8-feet(north property line)
Side 10-feet(first story)5-feet(each additional story)(west property
line)
Maximum Lot Coverage 40%
• The site contains an overhead power line which serves the existing house located in
proximity to the northeast corner of the property. Pursuant to Eagle City Code Section 9-4-1-
8, utilities are required to be located underground. The applicant should be required to
remove the overhead power located at the northeast corner of the property prior the City
Clerk signing the first final plat.
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• Standard Note #5 of the preliminary plat states, "This development is subject to Covenants,
Conditions, and Restrictions, and Easements (Instrument No. ). The restrictive
covenants for maintenance of the private road cannot be modified and homeowner's
association cannot be dissolved without the express consent of the City of Eagle."
The subdivision is being proposed with a public street(West Havervill Court) and no private
streets are being proposed. The applicant should be required to provide a revised preliminary
plat with Standard Note #5 revised to state, "This development is subject to Covenants,
Conditions, and Restrictions, and Easements (Instrument No. )." The revised
preliminary plat should be provided prior to submittal of final development plan and final plat
applications.
• Standard Note #6 of the preliminary plat states, "Direct lot access from collectors and
arterials is prohibited unless approved by the Ada County Highway District and the City of
Eagle."
Plat note#6 does not address the specific streets which direct lot access is prohibited. In this
case the arterial and collector roads are West Beacon Light Road and North Palmer Lane. The
applicant should be required to provide a revised preliminary plat with Standard Note #6
revised to state, "Direct lot access from West Beacon Light Road and North Palmer Lane are
prohibited unless approved by the Ada County Highway District and the City of Eagle."The
revised preliminary plat should be provided prior to submittal of final development plan and
final plat applications.
• Standard Easement Notes #1 and #2 referencing the lots, including common lots, are
designated as having specific public utilities, irrigation, and lot drainage (PUID) easement
areas. The applicant should be required to provide a revised preliminary plat with the
reference to the common lots removed from Standard Easement Notes#1 and#2. The revised
preliminary plat should be provided prior to submittal of final development plan and final plat
applications.
• Common Lot Note #1 states, "Lots 11-14 are common lots which shall be owned and
maintained by the Willowbrush Homeowner's Association."
The common lots should be identified as having a blanket public utilities, irrigation, and lot
drainage (PUID) easement. Also, there should be reference to the prohibition of driveways
across the common lots. The applicant should be required to provide a revised preliminary
plat with Common Lot Note#1 revised to state, "Lots 11-14 are common lots which shall be
owned and maintained by the Willowbrush Homeowner's Association. The common lots are
subject to a blanket public utilities, irrigation, and lot drainage (PUID) easement. Driveways
are prohibited across all common lots."The revised preliminary plat should be provided prior
to submittal of final development plan and final plat applications.
• Common Lot Note#2 states, "Lot 14, shall have a 25' Dry Creek Canal easement in it, which
shall encompass the entire lot."
The Trails and Pathways Superintendent provided a Staff Pathway Recommendations memo,
dated August 12,2022,which indicates the applicant should provide a public access easement
across Lot 14 for a future pathway connection. The applicant should be required to provide a
revised preliminary plat with Common Lot Note#2 revised to state, "Lot 14, shall have a 25'
Dry Creek Canal and City of Eagle public pathway easement. The easements shall
encompass the entire lot." The revised preliminary plat should be provided prior to submittal
of final development plan and fmal plat applications.
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• As proposed, the subdivision will be served by a pressurized irrigation system. The
preliminary plat does not contain a plat note regarding the irrigation purveyor and the entity
responsible for the operation and maintenance of the pressurized irrigation system. The
applicant should be required to provide a revised preliminary plat with a new plat note which
states, " 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
homeowner's association. The pressurized irrigation system shall be owned and maintained
by the Willowbrush Homeowner's Association, or its assigns." The revised preliminary plat
should be provided prior to submittal of final development plan and final plat applications.
The preliminary plat shows that Lot 11 contains ACHD seepage beds. The preliminary plat
does not contain a plat note which references the lot that contains an ACHD storm water
system. The applicant should be required to provide a revised preliminary plat with a new
plat note which states, "A portion of Lot 11, is servient to and contain the ACHD storm water
drainage system. The lots are encumbered by the certain first amended master perpetual
storm water drainage easement recorded on November 15, 2015, as instrument no. 2015-
013256 official records of Ada County, and incorporated herein by this reference as if set
forth in full (the "Master Easement"). The Master Easement and the storm water drainage
system are dedicated to ACHD pursuant to Section 40-2302 Idaho Code. The Master
Easement is for the operation and maintenance of the storm water drainage system." The
revised preliminary plat should be provided prior to submittal of final development plan and
final plat applications.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
September 6, 2022, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the applications was presented to the Planning and Zoning
Commission by five(5) individuals who indicated concerns with the following:
• The proposed density is too high and is not compatible with the adjacent subdivisions.
• The lots along the west property line transition well to the west, however, there are too many lots
located adjacent to the southern property line.
• The density should not exceed I-unit/acre.
• The lot sizing is too small.
• Based on available water rights, the proposed subdivision will have a negative impact on the
adjacent subdivisions.
• It is unusual to save the existing house since it will not be compatible with the new homes to be
constructed.
• The applicant will need to dedicate additional right-of-way for the proposed roundabout.
• The irrigation pump should be located within the central common lot.
• Would like to see open style fencing along the southern property line.
D. Oral testimony neither in opposition to nor in favor of the applications was presented to the Planning
and Zoning Commission by one (1) individual who indicated a concern with the water lateral along
the eastern property line which provides irrigation water to the properties south of the proposed
development. The properties located south of the development have been flooded due to it has been a
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challenge controlling the water on the subject property. A new development may cause further issues
with controlling the water.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The proposed density is too high for the area;therefore,it is not compatible with the adjacent
subdivisions.
• The applicant should reduce the subdivision by two(2) lots to allow for a transitioning of lot sizing to
the south.
• The applicant should be required to remove the Park Lane access to the irrigation pump.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
The Commission voted 4 to 0(McLaughlin absent)to recommend approval A-05-22 and RZ-05-22 for an
annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to R-2-DA-P
(Residential with a development agreement — PUD) with conditions to be placed in a development
agreement as provided within their findings of fact and conclusions of law document, dated September
19, 2022.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Commission voted 4 to 0 (McLaughlin absent) to recommend approval of CU-06-22/PPUD-03-
22/PP-09-22 for a conditional use permit, preliminary development plan, and preliminary plat for
Willowbrush Subdivision with the site specific conditions of approval and standard conditions of
approval provided within their findings of fact and conclusions of law document, dated September 19,
2022.
PUBLIC HEARING OF THE COUNCIL (Public Hearing Audio/Video Recording https://eagle-
id.granicus.com/player/clip/1623?meta id=74416):
A. A public hearing on the application was held before the City Council on October 11, 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 no one (not including
the applicant/representative).
C. Oral testimony in opposition to the application 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 four(4)individuals who indicated the following:
• The applicant should be required to increase the lot size along the southern and western property
boundaries to provide a transition of lot sizing to the adjacent properties.
• The density should be no higher than one unit/acre.
• As proposed,the development is too dense for the area.
• The applicant should be required to provide privacy fencing along the southern boundary line.
• The applicant should be required to adhere to the recommendation of the Planning and Zoning
Commission regarding reducing the number of lots located adjacent to the southern boundary.
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COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Council voted 4 to 0 to approve A-05-22 and RZ-05-22 for annexation and rezone from RUT (Rural-
Urban Transition—Ada County Designation) to R-2-DA-P (Residential with a development agreement—
PUD) with the following Planning and Zoning Commission recommended conditions of development to
be placed within a development agreement:
3.1 The maximum density for the Property shall be 1.61 dwelling units per acre(8 single-family lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit C)represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan,notice shall be provided as may be required by the City.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community owned
landscaping, pressurized irrigation facilities, fences shown, and amenities. The owner shall
provide an operation and maintenance manual including the funding mechanism as an
addendum to the CC&Rs and the repair and maintenance requirement shall run with the land
and that the requirement cannot be modified and that the homeowner's association or other
entity cannot be dissolved without the express consent of the City.
(b) A requirement for all fencing to be installed as shown on the Fencing Plan (Exhibit D). All
other fencing(i.e. dog-eared cedar fencing,chainlink)shall be prohibited.
(c) A maintenance manual for the streetlight(s) requiring that the association shall have the duty
to maintain and operate the light fixtures including the repair and replacement of the fixture,
any associated electrical supply,and light bulbs,in perpetuity.
(d) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule,regulation, law or ordinance.
3.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal
of a final plat application. Owner shall comply with all applicable Eagle Sewer District's
regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any
building permits, Owner shall provide proof of central sewer service to the proposed residential use.
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 Park Lane and West
Beacon Light Road,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
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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 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.
3.8 In conjunction with 3.7 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.
3.9 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s)shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Council voted 4 to 0 to approve of CU-06-22/PPUD-03-22/PP-09-22 for Willowbrush Subdivision
(Exhibit "A"), with the following Planning & Zoning recommended site specific conditions of approval
and standard conditions of approval with underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-05-22.
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 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.
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5. Provide a revised fencing exhibit identifying open style fencing located along the north and west
property line of Lot 11. The fencing exhibit shall also show an option for 6-foot high privacy
fencing(vinyl)with decorative columns spaced 60-feet apart located adjacent to the buffer berms,
in the event the proposed fence is visible from the adjacent roadway. The revised fencing exhibit
shall be provided prior to signature of the development agreement associated with the rezone.
6. 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).
7. The setbacks shall be as follows:
Front 30-feet(living and/or side entry garage)
36-feet(front-load garage)
Rear 30-feet
Interior Side 10-feet(first story) 5-feet(each additional story)
Maximum Lot Coverage 40%
Lot 10
Front 30-feet(measured from West Haverhill Court)
Rear 16-feet(east property line)
Side 8-feet(north property line)
Side 10-feet(first story)5-feet(each additional story)(west property
line)
Maximum Lot Coverage 40%
8. Provide a revised preliminary development plan and preliminary plat noting and identifying the
location of the accessory structures to be removed. The revised preliminary development plan and
preliminary plat shall be submitted prior to submittal of a design review application.
9. The accessory structures located on the site shall be removed prior to the City Clerk signing the
final plat.
10. The applicant shall be required to remove the overhead power serving the existing house located
at the northeast corner of the property prior the City Clerk signing the final plat.
11. The applicant shall be required to comply with the Staff Pathway Recommendations, dated
August 12,2022,prior to the City Clerk signing the final plat.
12. Provide a revised preliminary plat with Standard Note #5 revised to state, "This development is
subject to Covenants, Conditions, and Restrictions, and Easements (Instrument No. )."
The revised preliminary plat shall be provided prior to submittal of final development plan and
final plat applications.
13. Provide a revised preliminary plat with Standard Note#6 revised to state, "Direct lot access from
West Beacon Light Road and North Park Lane are prohibited unless approved by the Ada County
Highway District and the City of Eagle." The revised preliminary plat shall be provided prior to
submittal of final development plan and final plat applications.
14. Provide a revised preliminary plat with the reference to the common lots removed from Standard
Easement Notes #1 and #2. The revised preliminary plat shall be provided prior to submittal of
final development plan and final plat applications.
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15. Provide a revised preliminary plat with Common Lot Note #1 revised to state, "Lots 11-14 are
common lots which shall be owned and maintained by the Willowbrush Homeowner's
Association. The common lots are subject to a blanket public utilities, irrigation, and lot drainage
(PUID) easement. Driveways are prohibited across all common lots." The revised preliminary
plat shall be provided prior to submittal of final development plan and final plat applications.
16. Provide a revised preliminary plat with Common Lot Note#2 revised to state, "Lot 14, shall have
a 25' Dry Creek Canal and City of Eagle public pathway easement. The easements shall
encompass the entire lot." The revised preliminary plat shall be provided prior to submittal of
final development plan and final plat applications.
17. Provide a revised preliminary plat with a new plat note which states, "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 homeowner's association. The pressurized irrigation system
shall be owned and maintained by the Willowbrush Homeowner's Association, or its assigns."
The revised preliminary plat shall be provided prior to submittal of final development plan and
final plat applications.
18. Provide a revised preliminary plat with a new plat note which states, "A portion of Lot 11, is
servient to and contains the ACHD storm water drainage system. The lots are encumbered by the
certain first amended master perpetual storm water drainage easement recorded on November 15,
2015, as instrument no. 2015-013256 official records of Ada County, and incorporated herein by
this reference as if set forth in full (the "Master Easement"). The Master Easement and the storm
water drainage system are dedicated to ACHD pursuant to Section 40-2302 Idaho Code. The
Master Easement is for the operation and maintenance of the storm water drainage system." The
revised preliminary plat shall be provided prior to submittal of final development plan and final
plat applications.
19. 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.
20. The Willowbrush Subdivision shall remain under the control of one Homeowners Association.
21. Owner shall work with the City to establish a Conservation and Education Program (CEP)
Funding Plan associated with Willowbrush Subdivision. The CEP Funding Plan shall be executed
by the Owner and City prior to the City Clerk signing the final plat.
22. 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.
23. Provide a revised preliminary plat which shows the proposed pump and concrete driveway access
removed from North Park Lane. The revised preliminary plat shall be provided prior to submittal
of a design review application.
24. The applicant shall be required to provide a revised concept plan showing Lots 1 and 2,combined
into one (1) lot and Lots 3 & 4, combined into one (1) lot. The revised concept plan shall be
provided prior to execution of the development agreement.
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25. Provide a revised preliminary development plan and preliminary plat showing Lots 1 and 2,
combined into one (1) lot and Lots 3 & 4, combined into one (1) lot. The revised preliminary
development plan and preliminary plat shall be provided prior to submittal of a design review
application.
26. The applicant shall constructprivacy fencing along the subdivision southern property line. The
applicant shall construct open style fencing alongall four (4)property lines of common Lot 11,
Block 1. The fencing shall be reviewed and approved by the Design Review Board and City
Council prior to submittal of a final plat application.
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 fmal 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 fmal plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed
on the street side of the home or shall have their sewer drainage system designed with a stub at
the house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific
criteria for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final
plat. A copy of the construction drawing(s)shall be submitted with the letter.
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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
surety shall be submitted to the City Clerk, prior to the City Engineer signing the fmal 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 final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the
storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or
other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing
the final plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any
other area designated by the City Council or 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 fmal 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 fmal plat.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain(if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
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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 final plat. The
financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified
check.
31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central
District Health Department, Ada County Treasurer, Ada County Highway District
Commissioners, City Engineer,and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off
leash.
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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.
38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a"Notice to Proceed"with construction letter.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-05-22/RZ-05-22) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed rezone upon
annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of R-2-DA-P (Residential with a development agreement -
PUD) is consistent with the Residential One designation as shown on the Comprehensive Plan
Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. The proposed R-2-DA-P (Residential with a development agreement - PUD) zoning district is
compatible with the RUT (Rural-Urban Transition—Ada County designation) zone and land use
to the north since the property to the north is separated from the subject property by a minor
arterial (West Beacon Light Road) and a landscape buffer area is required to be constructed
within the subject property along West Beacon Light Road;
d. The proposed R-2-DA-P (Residential with a development agreement - PUD) zoning district is
compatible with the R1 (Residential — Ada County designation) zone and land use to the south
since that area has been developed with a residential subdivision (Rip Cord Subdivision) and the
applicant is required to reduce the number of lots within the subject subdivision to provide
transition of lot sizing to the south;
e. The proposed R-2-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 east since that area has been developed with a subdivision (Park Lane Estates
Subdivision)with lots of similar size, Also, the property located to the east is separated from the
subject property by a collector road (North Park Lane) and landscape buffer areas will be located
on each side of the road;
f. The proposed R-2-DA-P (Residential with a development agreement - PUD) zoning district is
compatible with the R1 (Residential — Ada County designation) zone and land use to the west
since that area has been developed with a residential subdivision (Callaway Ranch Subdivision)
and the applicant has designed the subdivision which provides a transition of lot sizing. Also,
there is a canal and a common lot which provides a buffer between Callaway Ranch Subdivision
and the proposed subdivision;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. The proposed use, as conditioned within the development agreement, does not create a non-
conforming use with the R-2-DA-P 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-06-22/PPUD-03-22/PP-09-22) 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.
Willowbrush 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.
As conditioned herein, Willowbrush 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.
As conditioned herein, Willowbrush Subdivision is designed in a manner which is harmonious
with existing residential subdivisions located adjacent to the site; 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. Willowbrush Subdivision will be served by West Haverhill Court
(local street)connected to North Park Lane; 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.
Willowbrush Subdivision will be served by West Haverhill Court (local street). All central
services (including police and fire protection) are available or may be extended to the site, as
noted within the letters provided by the agencies having jurisdiction over the site. Development
of sewer, water, drainage, streets and other urban services will be provided at the developer's
expense;and
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time
of installation and before acceptance by the Eagle Sewer District, Veolia Water of Idaho,and Ada
County Highway District; and
g. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
The development will contain a minimum of 1.35-acres of open space. A total of 21.8% of the
common area is considered to be active open space. The common area open space consists of the
required buffer areas along North Palmer Lane and West Beacon Light Road, a common lot (Lot
11) consisting of a gazebo, pathway and ACHD storm water facility, a common lot (Lot 14)
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located adjacent to the west property line for a future public pathway; and
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
Access to the development will be provided from North Park Lane. 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 applicant is proposing to preserve several of the existing trees and will be required to
mitigate for any trees proposed to be removed; 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 (Transition
Overlay) and it is located within the Village Planning Area. The applicant is requesting a R-2-
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 1.61-dwelling units per acre
as condition herein; 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.
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 Department.
Police Protection
The project will be served by the Eagle Police Department.
Water Service
The project is located within an area that is served by the Veolia Water of Idaho water system.
The water infrastructure will be constructed at the developer's expense.
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Sewer
As required herein, the applicant is required to provide correspondence from the Eagle Sewer
District which indicates the property is annexed into the District prior to submittal of a final plat
application. Prior to the developer installing the required sewer infrastructure the developer will
be required to comply with the District's requirements.
Street Construction
The construction of all streets within the development will be completed by the developer. Upon
completion,the streets will be dedicated to the Ada County Highway District.
Open Space
The development will contain a minimum of 21.8% of passive and active open space. The
applicant is proposing a gazebo area within one of the common lots and a pathways within the
central common lot. The applicant is dedicating a public pathway easement for a future public
pathway to be located within the common lot located adjacent to the western property line. 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 Willowbrush
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 to be collected by Ada County from this development is $5,249 per
residence per year, or an annual total of$41,992. (Average taxable value [excluding exemption]
of$900,000 X Levy rate of 0.005832).
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.
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DATED this 25th day of October,2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Jas. � ' rce, Mayor
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