Findings - PZ - 2018 - A-02-17/RZ-05-17/CU-12-17/PPUD-06-17/PP-06-17 - Annexation, Rezone With Da, Cup, Preliminary Development Plan And Pp For Brookway SubdivisionBEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
AN ANNEXATION, REZONE WITH DEVELOPMENT
AGREEMENT, CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN, AND
PRELIMINARY PLAT FOR BROOKWAY
SUBDIVISION FOR TRILOGY IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-02-17/RZ-05-17/CU-12-17/PPUD-06-17/PP-06-17
The above -entitled annexation, rezone with development agreement, conditional use permit, preliminary
development plan, and preliminary plat applications came before the Eagle Planning and Zoning
Commission for their recommendation on January 16, 2018, at which time public testimony was taken and
the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral
and written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Trilogy Idaho, represented by Kent Brown, is requesting an annexation, rezone from RUT
(Residential -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 Brookway Subdivision, a 122 -lot (105 -buildable, 17 -common)
residential planned unit development. The 61.34 -acre site is generally located on the west side of
North Lanewood Road, approximately 1/2—mile north of the intersection of North Lanewood Road and
West Floating Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 6:00 P.M., Wednesday,
October 18, 2017, in compliance with the application submittal requirement of Eagle City Code. The
applications for this item were received by the City of Eagle on October 30, 2017. A revised
preliminary plat was provided on December 6, 2017.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application 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 December 29, 2017. Notice of this public hearing was mailed to property owners within
three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on December 26, 2017. Requests for agencies' reviews
were transmitted on November 7, 2017 in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with the Eagle City Code on January 6, 2018.
D. HISTORY OF PREVIOUS ACTIONS: N/A
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION
Existing Residential Two RUT (Rural -Urban
Transition — Ada County
Designation)
Proposed No Change R -2 -DA -P (Residential with
a development agreement)
North of site Residential Two RUT (Rural -Urban
Transition — Ada County
Designation)
South of site Residential Two R -3 -DA -P (Residential with
a development agreement —
PUD)
East of site Residential Two R2 (Ada County
Designation)
West of site Residential Two RUT (Rural -Urban
Transition — Ada County
Designation)
LAND USE
Single Family
Residence/Agricultural
Residential Subdivision
Agriculture
Single Family Residential
(Lilac Springs
Subdivision)
Agriculture
Agriculture
G. DESIGN REVIEW OVERLAY DISTRICT: NOT IN THE DDA, TDA, CEDA, OR DSDA.
H. SITE DATA:
Total Acreage of Site — 61.34 -acres
Total Number of Lots — 122
Residential — 105
Commercial — 0
Industrial — 0
Common — 17
Total Number of Units - 105
Single-family - 105
Duplex 0
Multi -family -- 0
Total Acreage of Any Out -Parcels - 0
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ADDITIONAL SITE DATA
Dwelling Units Per Gross Acre
Minimum Lot Size
PROPOSED REQUIRED
1.71 -dwelling units per acre
16,838 -square feet
Minimum Lot Width 84 -feet
Minimum Street Frontage 35.5 -feet
Total Acreage of Common Area 12.66 -acres (not inclusive of the
planter strip area)
Percent of Site as Common Area 20.6%
I.
GENERAL SITE DESIGN FEATURES:
2.00 -dwelling units per acre
(maximum) pursuant to the
comprehensive plan.
17,000 -square feet
(minimum)
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) - per ECC
Section 8-2-4 (G). An
offsetting increase of the
same percentage in open
space has been provided.
75 -feet
35 -feet
12.27 -acres minimum
20%
Except that, according to
ECC Section 9-3-8 (C) the
City may require additional
public and/or private park or
open space facilities in PUDs
or in subdivisions with 50 or
more lots.
Landscape Screening:
The preliminary plat, date stamped by the city on December 6, 2017, shows a 35 -foot wide common
lot located adjacent to North Lanewood Road (collector). The preliminary plat landscape plan, date
stamped by the city on October 30, 2017, shows a 35 -foot wide buffer area with a 5 -foot high berm
located adjacent to North Lanewood Road (collector).
Open Space:
A total of 12.66 -acres of open space is proposed. The common areas are proposed to contain the
required buffer area located adjacent to N. Lanewood Road. The remaining open space areas are
inclusive of a sports court (basketball), playground area with a tot lot, pathways providing connectivity
throughout the development, irrigation pond, and the Dry Creek Canal.
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
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developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no): Yes
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
J. STREET DESIGN:
Private or Public Streets: Public
The preliminary plat, date stamped by the city on December 6, 2017, shows three (3 street sections
associated with the proposed development. The street section associated with the local streets within
the development shows a 37 -foot right-of-way inclusive of a 33 -foot travelway (measured from back of
curb to back of curb). The right-of-way is also inclusive of the 2 -feet of the 8 -foot planter strip located
on each side of the street. The remaining 6 -feet of the planter strip and the 5 -foot sidewalks are located
within the individual lots. The street section associated with West Estuary Street shows a 60 -foot right-
of-way inclusive of two (2), 22 -foot travelways (measured from back of curb to back of curb),
inclusive of a 12 -foot landscape island. The right-of-way is also inclusive of the 2 -feet of the required
8 -foot planter strip located on each side of the street. The remaining 6 -feet of the planter strip and the
5 -foot sidewalks located on each side of the street are located within the common lots. The street
section associated with North Lanewood Road shows an expansion of the west lane to 23 -feet in width
(measured from centerline to back of curb), an expansion of the right of way to 35 -feet in width from
the centerline to the western edge of the sidewalk, and an 8 -foot planter strip. The street section also
shows a 5 -foot wide sidewalk with 1 -foot of the sidewalk located outside of the right-of-way.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
Two (2) cul-de-sacs are proposed:
• North Foudy Place: 170 -feet in length, 45 -feet in radius (outside of landscape island)
• North Nordic Place: 390 -feet in length, 45 -feet in radius (outside of landscape island)
Sidewalks:
Detached five-foot (5') wide sidewalks abutting the planter strips located on both sides of all interior
roadways are proposed to be located outside of the right-of-way. Detached five-foot sidewalks are also
proposed along the west side of North Lanewood Road. A portion of the sidewalk (one -foot [1'1) along
North Lanewood Road is proposed to be located outside of the right-of-way.
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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.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat, date stamped by the city on December 6, 2017, shows several pathways
providing inner connectivity are proposed to be located within the common Tots.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as
part of the public right-of-way or separate easement, as may be specified by the City Council.
L. PUBLIC USES PROPOSED: None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — None
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
Mature Trees — Yes — Located in proximity to the two (2) existing dwellings
Riparian Vegetation — No
Steep Slopes — No
Stream/Creek — Yes — Dry Creek Canal located adjacent to the north property line
Unique Animal Life — No
Unique Plant Life — No
Unstable Soils — No
Wildlife Habitat — unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not Required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated December 11, 2017 (2nd Review), are
of special concern (attached to the staff report).
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City Water Supervisor: Storage and Trunk Line (STL) Fee Waiver Request -- Memo approving waiver
to delay payment of Eagle Municipal Water STL fees, dated December 18, 2017 (attached to the staff
report).
Ada County Highway District
Andeavor (formerly known as Tesoro NW Pipeline)
Boise River Flood Control District #10
Central District Health Department
Community Planning Association of Southwest Idaho (COMPASS)
Eagle Fire Department
Idaho Department of Environmental Quality
Idaho Transportation Department
New Dry Creek Ditch Company
Republic Services
Q. LETTERS FROM THE PUBLIC: None received to date.
U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The phasing plan, date stamped by City on October 30, 2017, shows the development to be
constructed in five (5) separate phases. The applicant has not provided a time schedule for
development of the site.
U. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non -PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
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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 fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open space,
recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been provided
by the developer.
16. 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.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
Residential Two
Suitable primarily for single family residential development within areas that are rural in character. An
allowable density of up to 2 units per 1 acre.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre. Multi-
family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning
districts, unless approved as part of a planned unit development (PUD). Centralized water and
sewer facilities are required for all subdivision and lot split applications submitted after the
effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R -E). Whenever
there is a conflict or difference between the provisions of this section and those of other chapters
and/or other titles, the chapter or title with the more restrictive provision shall prevail.
P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation noted
on the official zoning map of the city (i.e., R -4-P), indicates that the development was approved by
the city as a planned unit development. Density transfers may have been permitted as a part of the
overall development.
DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted
on the official zoning map of the city (i.e., C -2 -DA), indicates that the zoning was approved by the
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city with a development agreement. Specific provisions, as may have been incorporated within the
development agreement, are applicable to development within this zoning designation.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Zoning
District
Minimum Yard Setbacks Minimum
Note Conditions A To E* t Iaximum Lot Area
Lot (Acres Or
Maximum Front Rear Interior Street Covered F Square
Height Side Side And J* Feet) H*
Minimum
Lot
Width I* Ej
R-2 35' 30' 30' 10' 20' 40% 17,000 75'
B. Additional 5 feet per story side setback is required for multi -story structures. Height not to
exceed maximum allowed within the zone.
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
• Eagle City Code Section 8-2A-7 (J)(4)(a-b): Landscape and Buffer Area Requirements:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions and
multi -family developments, shall be buffered from streets classified as collectors, arterials,
freeways, or expressways, to protect residential communities from noisy, potentially
dangerous, high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area open space owned and maintained
by a homeowners' association. Any landscaping proposed to be within the public right of way
shall not be included as a part of the buffer area required below. The height for
berming/fencing, as noted below, shall be measured from the elevation of the final grade of the
adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The
required buffer area width, plantings, and fencing are as follows:
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
• Eagle City Code Section 8-6-2: Effects of Other Zoning:
A. Whenever there is a conflict or difference between the provisions of this chapter and those of
the other chapters of this title, the provisions of this chapter shall prevail. Subjects not covered
by this chapter shall be governed by the respective provisions found elsewhere in this title.
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B. In addition to the requirements of this chapter, planned unit developments shall also be subject
to the requirements set forth in chapter 2, article A, "Design Review Overlay District", of this
title; title 10, chapter 1, "Flood Control Regulations", of this code; and title 9, "Land
Subdivisions", of this code.
• Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
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 ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-3-2-1: Location and Design:
Street and road location and design shall conform to the following standards:
G. Cul -De -Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet (750') in
length and shall terminate with an adequate circular turnaround having a minimum radius of
fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet
(10'). A minimum of forty feet (40') of pavement shall be provided between the landscape
island and the outside edge of the street as measured from the face of curb of the island to the
face of curb located on the outside edge of the street. One traffic control sign stating that on
street parking is prohibited within the turnaround shall be installed at the entrance of the
turnaround on the driver's side of the street.
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• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot
lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement
widths, to coincide with respective setbacks, may be considered as part of the planned unit
development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement
along side lot lines or as required by the city council. Total easement width, including the
utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to
coincide with respective setbacks, may be considered as part of the planned unit development.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in subsection 8 -2A -7J of this code. Chainlink, 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 9-4-1-5: Streetlights:
All subdividers within the city limits and within the area of city impact shall be required to install,
at the subdividers' expense, streetlights in accordance with city specifications and standards at
locations designated by the "Administrator" (as defined by Section 9-1-6 of this title, or his/her
representative, hereinafter referred to as "Administrator"). After installation and acceptance by the
Administrator, the city shall have the right to pay the cost of maintenance and power and assume
ownership of the streetlights.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum eight feet (8') wide and shall be located within a
sixteen foot (16') wide pedestrian access easement, however, in an area where low volume
pedestrian traffic is anticipated, the council may consider a reduction in pathway width to
six feet (6'). Regional pathways such as the Boise River greenbelt and pathways located
adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located
within a twenty foot (20') wide pedestrian access easement.
3. A five foot (5') wide landscaped area/building and fence setback, as measured from both
edges of the paved path, shall be required, and will be owned by either the abutting
property owner(s) or a homeowners' association unless accepted by a public entity. The
five foot (5') wide landscaped area on either side of the pathway may be decreased to a
minimum of two feet (2') wide (as measured from the edge of asphalt to the easement line)
when used in conjunction with a meandering pathway, however, the total width of the
landscape area shall not be less than ten feet (10') (i.e., 2 feet on one side of the path and 8
feet on the other). For safety purposes, planting material in this area is limited to three feet
(3') in height. The landscape, fence and building regulations for this area shall be indicated
by a note on the plat.
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• Eagle City Code Section 9-8-4-2: Site Development Plan:
The developer shall provide a colored rendering to adequate scale to show the completed
development that will include at least the following:
A. Architectural style and building design;
E. DISCUSSION:
• The preliminary plat, date stamped by the city on December 6, 2017, shows three (3) existing
dwellings and several accessory structures located within the site. The preliminary plat also shows
that several of the structures will be located across property lines, in close proximity to property
lines, or across pressurized irrigation lines. The preliminary plat identifies the structures are to be
removed. Based on the location of the existing structures the applicant should be required to obtain
a demolition permit from the Eagle Building Department to remove the structures. The structures
should be removed prior to the City Clerk signing the final plat. The existing dwellings are served
by individual potable wells and septic systems. The preliminary plat does not identify the location
of the individual well or septic system of one of the existing dwellings. The applicant should be
required to provide documentation from the subdivision contractor indicating the potable wells and
septic systems previously located on the site were properly abandoned. The documentation should
be provided prior to the City Clerk signing the final plat.
• The proposed development is located within the City of Eagle's Municipal Water Service Area.
Pursuant to Resolution No. 8-09, payment of Storage and Trunk Line (STL) fee is to be provided
at the time of preliminary and final plat. The amount for STL fee is $2,100/Equivalency
Residential Customer (ERC) an ERC is equivalent to each residential buildable lot. The applicant
has submitted a request for waiver to the City of Eagle Water Department, date stamped by the city
on October 28, 2017, to delay paying the required STL fee. The applicant is requesting to delay
paying the required STL fee until such time a final plat application is submitted. Based on 105 -
lots, the total STL fee required for the subdivision is $220,500.00. The applicant received approval
from the City of Eagle Water Department (of the waiver request) on December 18, 2017. The STL
fees is to be paid on a sliding scale the first installment to be paid at the time of submittal of the
preliminary plat application and the remaining amount be paid at the time of final plat application.
The STL fees to be paid at the time of preliminary plat for the subject subdivision is based upon
the following calculation: $1,135.47 + (-1.221 x Total Lots). Based on 105 -buildable lots the STL
fee to be paid at the time of preliminary plat application is $105,762.30 with the remaining portion
of the $220,500.00 to be paid at the rate of ($2,100.00 minus Preliminary Plat Fee per lot) x Lots
in Final Plat or $1,092.74 x Lots in Final Plat. To date, the applicant has not paid the required STL
fee. The applicant should be required to pay the required $105,762.30 preliminary plat Storage
Trunk Line fee along with the associated final plat Storage Trunk Line fee at the time of submittal
of the first final plat application.
• The preliminary plat, date stamped by the city on December 6, 2017, does not delineate the
locations of the stormwater facilities. Pursuant to Eagle City Code Section 8 -2A -7(M), within
residential developments one shade class (class II) tree is required to be located on both sides of all
streets within the eight foot (8') wide landscape strip between the sidewalk and the curb. Trees are
to be planted at the front of each lot generally located on each side lot line corner with the distance
between trees to be a minimum of thirty five feet (35') and a maximum of eighty feet (80') of street
frontage. In the event the stormwater facilities are located within the landscape strip area, trees will
be prohibited to be planted at these locations. To prevent this from occurring, the applicant should
be required to provide a revised preliminary plat showing subsurface stormwater facilities to be
located outside of the required landscape strip areas. The revised preliminary plat should also
delineate the locations of all ACHD stormwater easements and contain a new plat note that
identifies the location of all ACHD storm drainage easements. The revised preliminary plat should
be provided prior to submittal of design review application.
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• The preliminary plat, date stamped by the city on December 6, 2017, shows several individual
common lots and portions of larger common lots that are approximately five feet (5') in width
between the street and lots that would typically be a corner lot if the common lot was not between
the buildable lot and the street. The purpose of the common lots is to allow a building to be
constructed utilizing and interior side yard setback instead of a street side setback. Based on the
narrow width of the common lot, a structure could be constructed within 15 -feet of the street.
Eagle City Code Section 8-2-4, requires a minimum 20 -foot street side setback for structures
located on corner lots. The applicant should provide a revised preliminary plat showing the
common lots located between the corner lots and the street to be a minimum of 10 -feet in width. If
the common lot width is not increased to 10 -feet the side yard setback for lots that have a common
lot between the street and the buildable lot should be 15 -feet in width. The revised preliminary plat
should contain a new plat note that states, "Driveways providing access to a residence shall be
prohibited across all common/open space lots (with the exception of Lot 18, Block 2)." The
revised preliminary plat should be provided prior to submittal of final development plan and final
plat applications.
• Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes shall conform
with the closest compatible base zone identified in Eagle City Code Section 8-2-4. The proposed
setbacks identified on the applicant's narrative, date stamped by the city on October 30, 2016, are
as follows:
R -2 -DA -P Zone
Front 30 -feet
Rear 30 -feet
Interior Side 10 -feet (first story) 5 -feet (each additional story)
Lots less than 90 -feet in width 7.5 -feet (first story) 2.5 -feet (each additional story)
Street Side None proposed
Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the R-2
(Residential) zoning designations:
R-2 Zone
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-2 zoning district.
*Note: All front load garages shall be setback a minimum of 25 -feet from the back of sidewalk.
The preliminary plat, date stamped by the city on December 6, 2017, shows a typical street section
for the interior streets with six feet (6') of the eight foot (8') wide planter strip and the five foot
(5') wide detached sidewalk being located within the property. Based upon a thirty foot (30') front
setback (measured from the property line), a driveway with a minimum nineteen foot (19') length
would be located behind the sidewalk and the front of the garage allowing for vehicles to possibly
overhang the sidewalk. The front setback for a front -load garage should be a minimum of 33 -feet
to allow for vehicles to be parked in front of the garage without overhanging the sidewalk.
Staff is supportive of the applicant's request to reduce the side yard setback from 10 -feet to 7.5 -
feet for lots less than 90 -feet in width since based on the shape of the lots a majority of the
dwelling will be situated to be in conformance with the required 10 -foot side setback.
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It is staff's opinion that based on the size of the lots and the location of the detached sidewalk the
following setbacks (measured from the property line) and maximum lot coverage for this
development should be required:
R -2 -DA -P Zone
Front
Rear
Interior Side
Lots less than 90 -feet in width
Street Side
Street Side (with 5 -foot common lot
located adjacent to street)
Maximum Lot Coverage
30 -feet (living)
33 -feet (front -load garage)
30 -feet
10 -feet (first story) 5 -feet (each additional story)
7.5 -feet (first story) 2.5 -feet (each additional story)
20 -feet
15 -feet
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-2 zoning district.
• The preliminary plat, date stamped by the city on December 6, 2017, does not show locations for
street lights. Pursuant to Eagle City Code Section 9-4-1-5, street lights are required to be installed
in all subdivisions. The applicant should be required to provide a revised preliminary plat showing
street light locations. The revised preliminary plat should be provided prior to submittal of a
design review application.
• Plat note #3 of the preliminary plat, date stamped by the city on December 6, 2017, identifies the
common area/drainage lots by lot and block. In part, the plat note identifies Lots 1 and 15, Block
7, as being common area drainage lots. The map portion of the preliminary plat does not show a
Lot 1, Block 7, however, it contains two (2) separate Lot 15, Block 7, lots. The applicant should be
required to provide a revised preliminary plat showing the larger Lot 15, Block 7, changed to be
referenced as Lot 1, Block 7. The revised preliminary plat should be provided prior to submittal of
final development plan and final plat applications.
• Plat note #7 of the preliminary plat, date stamped by the city on December 6, 2017, states, "All
front lot lines have a 10' public utility, irrigation, easement measured from the sidewalk row
easement. All rear lot lines have a 10' public utility, drainage, irrigation, easement. All side lot
lines have a 5' public utility, drainage, irrigation easement." Pursuant to Eagle City Code Section
9-3-6, unobstructed utility and drainage easements are to be a minimum of 12 -feet in width, except
that lesser easement widths, to coincide with respective setbacks, may be considered as part of a
planned unit development. The applicant is not proposing any setbacks that are less than 12 -feet in
width from the front or rear property lines nor is the applicant proposing any setbacks that are less
than 6 -feet in width from a side property line. The typical street section for the interior streets
shows 6 -feet of the planter strip is located within the individual buildable lots. The easement area
located adjacent to the street is the location where the dry utilities (i.e. power, gas, cable, phone,
etc.) are typically located. These dry utilities are typically located behind the sidewalk. The
applicant should be required to provide a revised preliminary plat with plat note #7 revised to
state, "All front lot lines have a 16' public utility, drainage, and irrigation easement (measured
from the front of the sidewalk located closest to the street). All rear lot lines have a 12' public
utility, drainage, and irrigation easement. All side lot lines have a 6' public utility, drainage, and
irrigation easement." The revised preliminary plat should be provided prior to submittal of final
development plan and final plat applications.
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• Plat note #12 of the preliminary plat, date stamped by the city on December 6, 2017, states,
"Building setbacks and dimensional standards shall be in accordance with the City of Eagle
standards shall be in accordance with the City of Eagle standards or as specifically approved with
the development agreement." The applicant is applying for a planned unit development; therefore,
the setbacks will be identified in the preliminary plat Site Specific Conditions of Approval and not
the conditions of the development agreement. The applicant should be required to provide a
revised preliminary plat with plat note #12 revised to state, "Minimum building setback lines shall
be in accordance with the Eagle City Zoning Ordinance at the time of issuance of a building
permit or as specifically approved and/or required." The revised preliminary plat should be
provided prior to submittal of final development plan and final plat applications.
• The preliminary plat, date stamped by the city on December 6,2017, does not contain a plat note
referencing that the development is subject to the conditions of development associated with the
rezone. The applicant should be required to provide a revised preliminary plat with a new plat note
stating, "Development of this property shall be in conformance with Eagle City Code or as
pursuant to the development agreement associated with RZ-05-17 or any subsequent
modifications." The revised preliminary plat should be provided prior to submittal of final
development plan and final plat applications.
• The properties located adjacent to the site are currently utilized for agricultural operations. The
preliminary plat, date stamped by the city on December 6, 2017, does not contain a plat note
referencing Idaho Code Section 22-4503, regarding Right to Farm. The applicant should be
required to provide a revised preliminary plat with a new plat note which states, "This
development recognizes Idaho Code Section 22-4503, Right to Farm, which states: "No
agricultural operation, agricultural facility or expansion thereof shall be or become a nuisance,
private or public, by any changed conditions in or about the surrounding nonagricultural activities
after it has been in operation for more than one (1) year, when the operation, facility or expansion
was not a nuisance at the time it began or was constructed. The provisions of this section shall not
apply when a nuisance results from the improper or negligent operation of an agricultural
operation, agricultural facility or expansion thereof." The revised preliminary plat should be
provided prior to submittal of final development plan and final plat applications.
• The properties associated with the proposed subdivision are not currently configured to match the
proposed subdivision boundary. The property owners of the adjacent property to the north have
submitted a One Time Division (OTD) application to Ada County Development Services to sell a
parcel to the applicant to match the proposed subdivision boundary. Upon review, approval, and
completion of the Ada County Development Services One Time Division application, the
applicant should provide a copy of the final approval letter from Ada County, recorded record of
survey, and warranty deed, to the city prior to the city adopting an annexation and rezone
ordinance.
• The applicant has provided architectural elevations showing the styles of homes to be constructed
within the development. The architectural elevations will be included as an exhibit within the
development agreement. The applicant should establish an Architectural Control Committee
(ACC) as a component to the CC&Rs. The submittal of a building permit application to the city
for each structure within the development should be accompanied by an approval letter from the
ACC.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested annexation,
rezone with development agreement, conditional use permit, preliminary development plan, and
preliminary plat for Brookway Subdivision with conditions of approval as provided within the staff report.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications were held before the Planning and Zoning Commission on
January 16, 2018, 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 this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
COMMISSION DELIBERATION: (Granicus time 36:32)
Upon closing the public hearing, the Commission discussed during deliberation that:
• Supportive of the lot sizes shown with the development.
• Supportive of the requested setback reductions for the lots located adjacent to the cul-de-sacs and
corners of development.
• In regard to the ITD comments about the development causing an impact to SH -44, ITD needs to
allocate funding for the expansion of SH -44. The state is not properly allocating funding to address the
highway infrastructure needs.
• The proposed development will have amenities that reflect the city's standards.
• The reduction of the pond access easement (for pressurized irrigation maintenance) from 30 -feet to 12 -
feet in width is warranted.
CONIMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Commission voted 4 to 0 (Koellisch absent) to approve A-02-17/RZ-05-17 for an annexation and
rezone from RUT (Rural -Urban Transition — Ada County designation) to R -2 -DA -P (Residential with a
development agreement — PUD) for Trilogy Idaho, with the following conditions to be placed within a
development agreement:
3.1 The maximum density for the Property shall be 1.71 -dwelling units per acre (105 -single-family
residential Tots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit applications regarding design review,
preliminary and final plat reviews, and/or 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 B) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in that
concept may occur. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public hearing
shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be
required by the City.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, 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
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requirement cannot be modified ant that the homeowners association or other entity cannot be
dissolved without the express consent of the city.
(b) A requirement for all fencing located adjacent to open space and corner lots to be open -style
such as wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -type
wooden decorative fencing. All other fencing (ie. dog-eared cedar fencing, vinyl, chainlink) shall
be prohibited.
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all
applicable government bodies. In the event a governmental rule, regulation, law or ordinance
would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be
amended to comply with the applicable rule, regulation, law or ordinance.
3.5 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit "D".
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&R's. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&R's, and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each structure within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not be
accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not substantially conform to the design
requirements as shown on Exhibit "D". If a building permit is denied, the applicant shall have the
right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section
8-7-4-1.
3.6 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.
3.7 Owner shall provide a sport court and tot lot located within the common lots within the
development. The intent of the sports court and tot lot is to provide a venue for activities for the
residents of the development. The design and location shall be reviewed and approved by the
Eagle Design Review Board prior to submittal of a final plat application.
3.8 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape islands and all common
areas throughout the development, 3) elevation plans for all proposed common area structures and
irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if
proposed), 5) useable amenities such as picnic tables, covered shelters, benches, playground
equipment, gazebos, and/or similar amenities, 6) all proposed fencing throughout the development,
and 7) street lights. The design review application shall be reviewed and approved by the Eagle
Design Review Board prior to the submittal of a final plat application.
3.9 Upon review, approval, and completion of the Ada County Development Services One Time
Division application (201800014 OTD), the applicant shall provide a copy of the final approval
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letter from Ada County, recorded record of survey, and warranty deed, to the city prior to the city
adopting an annexation and rezone ordinance.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Commission voted 4 to 0 (Koellisch absent) to recommend approval of the Brookway Planned Unit
Development (Exhibit "A") for Trilogy Idaho, with the following staff recommended site specific
condition of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-05-17.
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 invoice by the city,
whichever occurs first. (ECC 9-2-3 [C] [3] [1])
4. The applicant shall pay the required $105,762.30 preliminary plat Storage Trunk Line fee along with
the associated final plat Storage Trunk Line fee at the time of submittal of the first final plat
application. (Resolution No. 08-09)
5. Provide a revised preliminary plat showing all subsurface stormwater facilities to be located outside of
the required street side landscape strip areas. The revised preliminary plat shall also delineate the
locations of all ACHD stormwater easements and contain a new plat note that identifies the location of
all ACHD storm drainage easements. The revised preliminary plat shall be provided prior to submittal
of design review application. (8 -2A -7[M])
6. Provide a revised preliminary plat showing the common lots located between the corner lots and the
street to be a minimum of 10 -feet in width or a street side setback of 15 -feet will be required for all lots
that have a common lot located between the buildable area and the street. The revised preliminary plat
shall contain a new plat note that states, "Driveways providing access to a residence shall be prohibited
across all common/open space lot (with the exception of Lot 18, Block 2)." The revised preliminary
plat shall be provided prior to submittal of final development plan and final plat applications. (ECC 8-
2-4)
7. Provide a revised preliminary plat showing the larger Lot 15, Block 7, changed to be referenced as Lot
1, Block 7. The revised preliminary plat shall be provided prior to submittal of a final plat application.
(ECC 9-2-3[C][3][j])
8. The required setbacks shall be as follows:
Front 30 -feet (living)
33 -feet (front -load garage)
Rear 30 -feet
Interior Side 10 -feet (first story) 5 -feet (each additional story)
Lots less than 90 -feet in width 7.5 -feet (first story) 2.5 -feet (each additional story)
Street Side 20 -feet
Street Side (with 5 -foot common lot
located adjacent to street) 15 -feet
Maximum Lot Coverage 40%
9. Provide a revised preliminary plat with plat note #7 revised to state, "All front lot lines have a 16'
public utility, drainage, and irrigation easement (measured from the front of the sidewalk located
closest to the street). All rear lot lines have a 12' public utility, drainage, and irrigation easement. All
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side lot lines have a 6' public utility, drainage, and irrigation easement." The revised preliminary plat
shall be provided prior to submittal of final development plan and final plat applications. (ECC 9-3-6)
10. Provide a revised preliminary plat with plat note #12 revised to state, "Minimum building setback lines
shall be in accordance with the Eagle City Zoning Ordinance at the time of issuance of a building
permit or as specifically approved and/or required." The revised preliminary plat shall be provided
prior to submittal of final development plan and final plat applications. (ECC 8-2-4)
11. Provide a revised preliminary plat with a new plat note that states, "Development of this property shall
be in conformance with Eagle City Code or as pursuant to the development agreement associated with
RZ-05-17 or any subsequent modifications." The revised preliminary plat shall be provided prior to
submittal of final development plan and final plat applications.
12. Provide a revised preliminary plat with a new plat note that states, "Any re -subdivision of this plat
shall be in compliance with the applicable subdivision regulations in effect at the time of re-
subdivision. The revised preliminary plat shall be provided prior to submittal of final development
plan and final plat applications. (ECC 9-1-3)
13. Provide a revised preliminary plat with a new plat note that states, "This development is subject to
Covenants, Conditions, and Restrictions, Instrument # , and as amended. The
Homeowner's Association cannot be dissolved without the express consent of 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 a new plat note which states, "This development recognizes
Idaho Code Section 22-4503, Right to Farm, which states: "No agricultural operation, agricultural
facility or expansion thereof shall be or become a nuisance, private or public, by any changed
conditions in or about the surrounding nonagricultural activities after it has been in operation for more
than one (1) year, when the operation, facility or expansion was not a nuisance at the time it began or
was constructed. The provisions of this section shall not apply when a nuisance results from the
improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof."
The revised preliminary plat shall be provided prior to submittal of final development plan and final
plat applications.
15. Provide a revised preliminary plat showing street light locations. The revised preliminary plat shall be
provided prior to submittal of a design review application. (ECC 9-4-1-5)
16. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed at
the front of each lot generally at each side property line, or as approved by the Design Review Board.
The trees shall be located within an 8 -foot wide landscape strip between the 5 -foot wide concrete
sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install the
required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the
installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any
occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit
landscaping. Partial reduction of the surety may be permitted for any portion of the development that is
completed, including street trees that have been installed. On-going surety for street trees for all
undeveloped portions of the development will be required through project completion.
17. All living trees that do not encroach upon the buildable area on any lot 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 the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat application. 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. (ECC 8-2A-7)
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18. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk
signing the final plat. (ECC 9-4-1-8)
19. The cul-de-sacs shall be designed to terminate with an adequate circular turnaround having a minimum
radius of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet
(10'). A minimum of forty feet (40') of pavement shall be provided between the landscape island and
the outside edge of the street as measured from the face of curb of the island to the face of curb located
on the outside edge of the street. (ECC 9-3-2-1[C])
20. The applicant shall obtain a demolition permit from the Eagle Building Department for removal of the
existing structures located onsite. The structures shall be removed prior to the City Clerk signing the
final plat.
21. Provide documentation from the subdivision contractor indicating the potable wells and septic systems
previously located on the site were properly abandoned. The documentation shall be provided prior to
the City Clerk signing the final plat.
22. 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).
23. The single-family dwellings shall be constructed in substantial conformance with the architectural
styles shown on Exhibit "D" (attached to the development agreement and incorporated herein by
reference).
The architectural styles provided by the applicant shall be the required architectural styles for the
development. To assure compliance with this condition, the applicant shall create an architectural
control committee (ACC) as a component of the subdivision CC&R's. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed
and approved by the City attorney prior to the approval of the final plat application for phase one.
The submittal of the building permit application to the City for each home within the development
shall be accompanied by an approval letter from the Architectural Control Committee (ACC). Building
permits applications that do not have an approval letter attached will not be accepted.
To assure compliance with the PUD conditions of approval herein, the City reserves the right to deny,
at its discretion, any building permit application that does not meet the architectural requirements
established herein.
24. The Brookway Subdivision shall remain under the control of one Homeowner's Association.
25. The applicant shall provide CC&Rs stating that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system, all common landscape areas, and all common area
improvements in the subdivision are maintained in a competent and attractive manner, including the
watering, mowing, fertilizing and caring for shrubs and trees in perpetuity.
26. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of final development plan and final plat applications.
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.
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2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
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
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City Engineer prior to the City Engineer signing the final plat.
l 2. 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.
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 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.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. 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.
17. 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
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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.
18. 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.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
21. 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".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. 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.
26. Basements in homes in the flood plain are prohibited.
27. 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.
28. 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.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 1507c of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
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guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. 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.
31. 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.
32. 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.
33. 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.
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.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation with a development agreement (A-02-17/RZ-05-17) 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 applications are in accordance with the City of Eagle Comprehensive Plan
and established goals and objectives because:
a. The requested zoning designation of R-2DA-P (Residential with a development agreement - PUD)
complies with the Residential Two designation as shown on the Comprehensive Plan Land Use
Map since the applicant is not proposing more than two units per acre and the proposed density is
within the density allowed;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that adequate public facilities exist, or are required to be provided, to serve a
single-family dwelling residential subdivision 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 Transitional — Ada County designation) zone and land use
to the north since this area is designated Residential Two in the Comprehensive Plan and may be
developed with a residential development similar in density to the subject site;
d. The proposed R -2 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the R -3 -DA -P (Residential with a development agreement — PUD) zone and land
use to the south since this area is designated Residential Two in the Comprehensive Plan and is
currently being developed with a subdivision with similar density;
e. The proposed R -2 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the RUT (Rural -Urban Transitional — Ada County designation) zone and land use
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to the east since this area is designated Residential Two in the Comprehensive Plan and may be
developed with a residential development similar in density to the subject site;
f. The proposed R -2 -DA -P (Residential with a development agreement - PUD) zoning district is
compatible with the RUT (Rural -Urban Transitional — Ada County designation) zone and land use to
the west since this area is designated Residential Two in the Comprehensive Plan and may be
developed with a residential development similar in density to the subject site;
The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described
within the Comprehensive Plan. The applicant has submitted the required documentation and
applications to address the city's concerns regarding development in those areas;
h. No non -conforming uses are expected to be created with this rezone.
2. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit, preliminary development plan, and preliminary plat (CU-12-17/PPUD-06-17/PP-06-17) 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 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.
The proposed development will advance the general welfare of the community and neighborhood
since it is designed to be in conformace with the Comprehensive Plan. The increase to the
community tax base as a result of the project will assure there is no detrimental impact to the
economic welfare of the community.
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.
The development will be designed to complement the general vicinity and provide aesthetically
pleasing architecture to enhance the character of the area. The proposed development provides a
variety of lot sizes to transition with the adjacent development and future developments.
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
The development will contain residential uses which will be compatible with the existing and
future neighborhood uses.
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 to consist of residential uses only, it is not anticipated that any uses or
activities will be detrimental to the surrounding properties upon completion of the site work. The
development will be served by an internal network of public streets with stubbed right-of-way to
the north and west for neighborhood connectivity.
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.
g.
All central services are available to 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.
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
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g.
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, City of Eagle Water Department, or
ACHD. Because the developer provides the services in the initial stages of development the
public service providers avoid potential liability and expenses. Also, the additional tax revenue
received from the development will contribute to services such as schools, police, and fire
protection.
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 because;
The development will contain 20.6% of dedicated open space consisting of the required buffer
area located adjacent to N. Lanewood Road. The remaining open space areas are inclusive of a
sports court (basketball), playground area with a tot lot, pathways providing connectivity
throughout the development, irrigation pond, and the Dry Creek Canal.
h. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
Access to the development will be from North Lanewood Road providing access to West Floating
Feather Road and West Beacon Light Road. The interior streets will be public and will be
constructed pursuant to the requirements of the Ada County Highway District.
That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
There are no existing natural, scenic, or historic features of major importance located within the
site.
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 because;
The proposed development is in accordance with the Comprehensive Plan since the plan calls for
Residential Two for the overall development and the proposed density is less than two (2)
units/acre.
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 because;
This applicant has requested approval for a development agreement and a PUD as outlined in
Eagle City Code and satisfies those requirements as well as will be required to meet the conditions
herein. In addition, the applicant 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. The proposed
development will include single-family residential units with lot layout as shown on the
preliminary development plan.
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 because;
Single-family residential is the only use approved for this development.
m. Provide an estimate of the public service costs to provide adequate service to the development.
The water, sewer, and roadways will be constructed and funded by the developer. The
infrastructure necessary to serve this property with fire, police, and other public services already
exists. The public services that will be provided to the development include the following:
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Fire
The project is located within the Eagle Fire District.
Police
The project will be served by the Eagle Police Department.
Water
The project is located within City of Eagle Municipal Water Service area.
Sewer
The applicant will be required to comply with the requirements of the Eagle Sewer District.
Road Construction
The construction of all interior roads will be completed by the developer. Upon completion the
roads will be dedicated to ACHD.
Open Space
The development will contain over 20.6% of passive and active open space providing residents
with a sports court (basketball), playground area, pond, and a tot lot. A system of private pathways
will provide pedestrians with a safe and efficient way to move throughout the property.
Maintenance
The maintenance of the open space areas will be regulated by the Brookway Subdivision
Homeowner's Association. The public roads will be maintained by ACHD. The sewer and water
systems will be publicly owned and maintained once installed.
Schools
The residents of Brookway Subdivision are located in the West Ada School District boundaries.
n. Provide 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.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. Because the developer provides the services in the initial stages
of the development the public service providers avoid potential liability and expenses.
o. The estimated tax revenue generated to the City of Eagle from the development is approximately
$457,304.00/year (without Homeowner's Exemption).
Provide 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.
The costs of public services for the development will be offset by the tax revenue generated by the
homes located within the subdivision.
P.
DATED this 5th day of February, 2018
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
E;77
Trent Wright, Chairma
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