Findings - PZ - 2018 - A-04-17/RZ-08-17/CU-13-17/PPUD-07-17/PP-08-17 - Annexation, Rezone With Da, Conditional Use Permit, Preliminary Development Plan, Preliminary PlatBEFORE 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 PARK LANE ESTATES
SUBDIVISION FOR YELLOWJACKET
DEVELOPMENT, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-04-17/RZ-08-17/CU-13-17/PPUD-07-17/PP-08-17
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 March 19, 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:
Yellowjacket Development, Inc., represented by Corinne Graham with Civil Site Works, LLC, is
requesting an annexation, rezone with development agreement 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
Park Lane Estates Subdivision, a 24 -lot (19 buildable, 5 common) residential planned unit
development. The 11.23 -acre site is located on the southeast corner of West Beacon Light Road
and North Park Lane at 2686 North Park Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, on Wednesday, November 15, 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 November 30, 2017. A revised preliminary plat
was received by the City on February 6, 2018. A second revised preliminary plat and revised
narrative were received by the City on February 28, 2018.
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 March 3, 2018. 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 February 28, 2018. Requests for agencies'
reviews were transmitted on December 28, 2017, in accordance with the requirements of the Eagle
City Code. The site was posted in accordance with the Eagle City Code on March 7, 2018.
D. HISTORY OF REVELANT PREVIOUS ACTIONS:
On May 24, 2000, the final plat for Whitehorse Subdivision was recorded at Ada County
(Instrument #100039886).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
COMP PLAN
DESIGNATION
Neighborhood
Residential
(Transition Overlay)
No change
North of site Agricultural/Rural
South of site Neighborhood
Residential
(Transition Overlay)
East of site
West of site
Neighborhood
Residential
(Transition Overlay)
Neighborhood
Residential
ZONING
DESIGNATION
RUT (Rural -Urban
Transition — Ada County agriculture
designation)
LAND USE
Single-family residence and
R -2 -DA -P (Residential Single-family residential
with a development subdivision
agreement — PUD)
RUT (Ada County
designation)
RUT (Rural -Urban
Transition — Ada County
designation) and R -2 -DA
(Residential with a
development agreement)
R -2 -DA (Residential with
a development
agreement)
R1 and RUT (Estate
Residential and Rural -
Urban Transition — Ada
County designations)
Agriculture
Single-family residence and
proposed See One
Subdivision
Lockey Subdivision
Ripcord Ranch Subdivision
and a single-family residence
on an unplatted parcel
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site — 11.23 -acres
Total Number of Lots — 24
Total Number of Units - 19
Residential — 19
Commercial — 0
Industrial — 0
Common — 5 (inclusive of one [11 private road lot)
Single-family — 19
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
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
Open Space
Percent of Site as Common Area
Open Space
PROPOSED
1.69 -dwelling units per acre
12,264 -square feet*
84 -feet
0 -feet (access from driveway
located within an easement)
2.29 -acres
20.4%
REQUIRED
1.69 -dwelling units per
acre (as limited within the
development agreement)
17,000 -square feet
(minimum)
75 -feet
35 -feet
2.29 -acres (based on
required offsetting
increase in open space)
20.4%
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.
* The applicant has provided the required off -setting increase in open space.
I. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The northern property line is located adjacent to West Beacon Light Road which is classified a
minor arterial. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(b), a fifty foot (50') wide buffer
area is required adjacent to minor arterials. The western property line is located adjacent to North
Park Lane which is classified as a collector. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(a),
a thirty-five foot (35') wide buffer area is required adjacent to collectors. A five to eight foot (5' to
8') high berm, decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall, or combination thereof with landscaping shall be provided within these buffer areas.
Open Space:
A total of 2.29 -acres of open space (inclusive of planter strips) is provided within the residential
subdivision. The common areas are proposed to contain the required buffer areas adjacent to North
Park Lane and West Beacon Light Road. There are small common lots located on each side of
West Morgan Creek Street. There is also an open space lot (Lot 18, Block 1) located between the
lot containing the existing dwelling unit (Lot 13, Block 1) and the southern boundary. The
preliminary engineering plan, date stamped by the City on February 28, 2018, shows a 5 -foot wide
sidewalk located within this lot.
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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&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:
The preliminary planned unit development plan (lot dimensions), date stamped by the City on
February 28, 2018, identifies and delineates an 18 -foot wide public utilities, irrigation, and
drainage (PUID) easement located adjacent to the public right-of-way. The remaining PUID
easement widths are identified and delineated as being 12 -feet in width.
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 — the existing home is served by a potable well and septic
system.
Preservation of Existing Natural Features:
The site contains mature trees located in proximity to the existing residence. The applicant is not
proposing to remove any of the existing trees. Eagle City Code Section 9-3-8 (B) states that
existing natural features which add value to residential development and enhance the attractiveness
of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall
be preserved in the design of the subdivision.
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:
(The two [2] street sections described are based on the preliminary planned unit development
plan (lot dimensions), date stamped by the City on February 28, 2018.)
Private Street:
The street section for the private street shows a 25 -foot wide roadway section (as measured from
back of curb to back of curb) with six inch (6") vertical curbing located on each side of the street.
One side of the street is bordered by an eight foot (8') wide planter strip with a five foot (5') wide
sidewalk located within the common lot. The opposite side of the street is bordered by a planter
strip which varies in width from 14 — 26 feet in width.
Public Streets:
The street section for public street shows a 37 -foot wide right-of-way inclusive of a 33 -foot wide
roadway section (as measured from back of curb to back of curb) with two -feet (2') located behind
the curb on each side of the street. The street section shows approximately six feet (6') of the
planter strip and the five foot (5') wide sidewalk are located outside of the right-of-way on each
side of the street. The street section also identifies a 13 -foot wide ACHD sidewalk easement and
18 -foot wide PUID (public utilities, irrigation, and drainage) easement are located on each side of
the street.
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Applicant's Justification for Private Streets:
See applicant's justification letter, date stamped by the City on March 13, 2018 (attached to the
staff report).
Blocks Less Than 500': None
Cul-de-sac Design:
One (1) cul-de-sac is proposed (Alexander Place): 295 -feet in length, 53 -foot radius
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.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior streets. The private street section on the preliminary development plan, date stamped by
the City on February 28, 2018, shows six inch (6") vertical curbing located on each side of the
private street.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
The preliminary planned unit development plan (preliminary engineering plan), date stamped by
the City on February 28, 2018, shows a five foot (5') wide pathway running from east to west
within Lot 18, Block 1 (common lot) and an eight foot (8') wide sidewalk located within Lot 11,
Block 1 (common lot) located adjacent to West Beacon Light Road.
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. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is located within the Suez Water Company's certificated water service area. The
property is located within the boundaries of the Eagle Sewer District.
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
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Mature Trees — yes — adjacent to West Park Lane in proximity to the existing residence
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — unknown
Wildlife Habitat — unknown
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
Q. 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 February 20, 2018, are of special
concern (attached to the staff report).
Ada County Highway District
Andeavor
Boise River Flood Control District #10
Central District Health
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
R. LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from Bruce Hawk and Evelyn Thomas, date stamped by the City on
March 9, 2018.
S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to develop the subdivision in a single phase.
T. 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.
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5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non -PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
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 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
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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
city with a development agreement. Specific provisions, as may have been incorporated within the
development agreement, are applicable to development within this zoning designation.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks
Note Conditions A To E*
Minimum
Maximum Lot Area
Zoning Lot (Acres Or
District Maximum Front Rear Interior Street Covered F Square
Height Side Side And J* Feet) H*
R-2 35' 30' 30'
10' 20'
Minimum
Lot
Width I*
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 Toad garages shall be set back a minimum of 25 feet from the back of sidewalk.
• Eagle City Code Section 8-2A-7: (J) Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically
separate and visually screen adjacent land uses which are not fully compatible due to differing
facilities, activities, or different intensities of use, such as townhouses and a convenience store,
or a high volume roadway and residential dwellings.
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:
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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.
• 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.
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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 9-3-2-5: Private Streets:
Private streets may be permitted, in the discretion of the council, subject to the following:
A. Compliance: Private streets may provide access to any parcel or lot provided the council
determines that the private streets are in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that private
streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking.
3. The private streets shall provide adequate access for service and emergency vehicles.
4. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel layout.
6. Other than to provide emergency access, the private streets do not connect one public
street to another, thereby encouraging travel through the development served by the
private street; provided, however, that in order to provide secondary access, a private street
may have more than one connection to a public street and/or may be connected to more
than one public street if access thereto is controlled by automatic gates or other control
devices approved by the council.
7. The use or alignment of the private streets does not interfere with the continuity of public
streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets, including provisions for the funding thereof.
B. Construction And Design Standards: Private streets shall conform to the following construction
and design requirements:
1. All private street construction shall be in accordance with Ada County highway district's
structural standards for streets including base course and asphaltic concrete mat thickness
utilizing the appropriate traffic index or as may be recommended by the city engineer and
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approved by the city council, and shall further be in accordance with Ada County highway
district's intersection design and drainage requirements, or as may be recommended by the
city engineer and approved by the city council.
2. Except as may be otherwise set forth in this section, private streets shall meet such design
and dimensional requirements as the council may determine are appropriate considering
the proposed use and the site upon which the private streets are to be placed, however, all
private streets shall contain paved travel lanes a minimum of twelve feet (12') in width
(except as noted herein) and shall otherwise provide for the safe, convenient, and effective
movement of both vehicular and pedestrian traffic. Vertical curbing shall be provided for
streets that are less than thirty four feet (34') in total width.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
4. The design engineer shall identify on the construction drawings for the review and approval
by the city engineer, all traffic signs needed for the project, including, but not limited to,
designated parking and "no parking" areas, speed, stop, and such other signs as are
required for safe pedestrian and vehicle travel.
5. All private streets shall, during the progress of construction, be inspected and tested, at the
expense of the owner or developer, by a qualified inspector in order to ensure compliance
with the construction and design standards set forth in this section, the construction
drawings as prepared by the registered professional engineer, and good engineering and
construction practices. Reports of such inspections and tests shall be submitted, together
with a certification of such compliance, for the review and approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public right of
way, or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of this
chapter and subject to the approval of the Eagle fire district and city engineer and
provided further that proper maintenance of the island is provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle fire
district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city engineer,
and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared by a
licensed professional engineer in the state in substantial conformance with engineering
and design standards in effect at the time of preparation of the design. Construction
drawings, together with a certification of such conformity, shall be submitted for the
review and approval by the city engineer. No part of this section shall be construed as
allowing a private street that is not in conformance with current engineering and design
standards.
8. If any provision of this section is found to be in conflict with any other applicable provision
of this title, the provision which establishes the higher and/or more restrictive standard
shall prevail, unless specifically determined otherwise by the city council.
C. Access And Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost
estimate therefor prepared by a licensed professional engineer in the state,
together with a proposed method for funding the same, including, but not limited
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to, the creation and maintenance of a reserve fund for that purpose, shall be
submitted with the final plat application for review and approval by the city
engineer and city council.
2. The location of the private street shall be clearly depicted on the face of the plat
and notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the
private street the perpetual right of ingress and egress over the described
private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street
cannot be modified and the homeowners'/property owners' association or other
entity cannot be dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be
recorded at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private street in accordance with
the approved plan as provided for in subsection Cl of this section. Said restrictive
covenant shall also provide that the said covenant shall run with the land and that
the said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the
city. The said restrictive covenant shall be reviewed and approved by the city
attorney prior to certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or
the entity responsible for the maintenance of any private street approved in
accordance with the provisions of this section to undertake such repair and
maintenance activities as it may determine is necessary to protect the public
health, safety, or welfare and make such expenditures from the funds reserved
therefor as may be required thereby; and the owner or responsible entity shall, as a
condition of approval of any such private street, be deemed to have agreed to
comply with any such order and to reimburse the city all of its costs, including
attorney fees, incurred in obtaining or enforcing any such order. Any order entered
by the council pursuant to this subsection may be enforced by a court of
competent jurisdiction and the city shall be entitled to recover its costs and
attorney fees incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform
to all applicable components of the comprehensive plan.
E. Waiver: The council may waive or modify any of the standards or requirements of this
section when the private streets have been determined to be an integral element of the
overall plan and scheme of the development or will serve to enhance the overall
development; provided, however, that any such waiver shall not be injurious to public
health or safety.
• Eagle City Code Section, 9-3-5: Lots:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height and
area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from
the standards within section 8-2-4 of this code may be considered as part of the planned unit
development.
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• Eagle City Code Section 9-3-7: Planting Strips and Reserve Strips:
Planting strips and reserve strips shall conform to the following standards:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed next to
incompatible features such as highways, railroads, commercial or industrial uses to screen the
view from residential properties and to provide noise mitigation for those residents. Such
planting strips/buffer areas shall be a minimum of twenty feet (20') wide unless a greater width
is required within section 8-2A-7 of this code. The landscape strip/buffer area shall not be a
part of the normal street right of way and shall comply with all landscape/buffer area
requirements within section 8-2A-7 of this code.
D. DISCUSSION (based on the preliminary plat and PUD preliminary development plan, date stamped
by the City on January 26, 2018 and the preliminary plat — existing conditions plan, date stamped by
the City on December 21, 2017):
• The deviations being shown on the preliminary planned unit development plan (lot dimensions)
are regarding reduced lots sizes and setbacks. The proposed development contains lots ranging in
size from 12,264 -square feet to 81,579 -square feet. The minimum lot size for lots within the R-2
(Residential) zoning district is 17,000 -square feet.
• Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes are required to
conform to the closest compatible setbacks within the base zone identified in Eagle City Code
Section 8-2-4. The required setbacks within the R-2 (Residential) zone are as follows:
R-2 Zone:
Front 30 -feet
Rear 30 -feet
Side 10 -feet (additional 5-feet/story)
Street Side 20 -feet
Maximum Coverage 40%
The proposed setbacks noted on the preliminary planned unit development plan (lot dimensions)
are as follows:
R -2 -DA -P Zone
Front 20 -feet (measured from back of sidewalk)
Rear 20 -feet
Side 7.5 -feet
The applicant is proposing a front setback of 20 -feet (measured from back of sidewalk). The
typical street section shown on the preliminary planned unit development (lot dimensions) shows
the 8 -foot planter strip and 5 -foot sidewalk to be located within the buildable lot. Based on the
applicant's proposal, the actual front setback would be 33 -feet, as measured from the property line.
In regard to the rear setback, the proposed lots have sufficient depth (with the exception of Lot 3,
Block 2) to allow for the required 30 -foot setback. The proposed lots also have sufficient width to
allow for the required 10 -foot setback (with the exception of Lot 3, Block 2). Lot 3, Block 2, is a
three (3) sided lot. The applicant provided a building pad exhibit, date stamped by the City on
March 13, 2018, showing proposed setbacks for Lot 3, Block 2. The building pad exhibit shows
the front setback at 20 -feet (measured from back of sidewalk, the rear setback at 25 -feet (east
property line), and the side setback at 7.5 -feet (north property line). The proposed setbacks would
allow a residential dwelling with a 3,850 -square foot footprint to be constructed on the subject lot.
The setbacks and lot coverage should be approved as follows:
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R -2 -DA -P Zone
Front 33 -feet
Rear 30 -feet
Side 10 -feet (additional 5-feet/story)
Street Side 33 -feet
Maximum Coverage
Lot 3. Block 2
40%
Front 33 -feet
Rear (east property line) 25 -feet
Side (north property line) 7.5 -feet (additional 5-feet/story)
Maximum Coverage 40%
• The preliminary planned unit development plan (lot dimensions) does not contain a plat note
regarding building setbacks. The applicant should be required to provide a revised preliminary
planned unit development plan (lot dimensions) with a new plat note that states, "Building setback
lines shall be in accordance with the City of Eagle Zoning Ordinance in effect at time of issuance
of a building permit or as specifically approved." The revised preliminary planned unit
development plan (lot dimensions) should be provided prior to submittal of final development
plan/final plat applications.
• The comprehensive plan designates North Park Lane as a collector and West Beacon Light as a
minor arterial. Direct lot access to collectors and arterials is not allowed. The applicant should be
required to provide a revised preliminary planned unit development plan (lot dimensions) with a
new plat note that states, "Direct lot access to North Park Lane and West Beacon Light Road is
prohibited unless approved by the Ada County Highway District and the City of Eagle." The
revised preliminary planned unit development plan (lot dimensions) should be provided prior to
submittal of final development plan/final plat applications.
• The existing dwelling unit and accessory structures located within the property will remain in
place. The owner of the existing dwelling has requested that the access to North Park Lane
(collector) remain in place. Site Specific Condition of Approval #11 of the Ada County Highway
District approval report, date stamped by the City on January 16, 2018, indicates that the existing
residential driveway is approved as a temporary driveway until the existing residence redevelops;
upon redevelopment access will be provided onto the private road. Based on the ACHD approval,
the existing driveway providing access from North Park Lane to the existing dwelling unit located
at 2686 North Park Lane (Lot 13, Block 1, Park Lane Estates Subdivision, as shown on the
preliminary planned unit development, date stamped by the City on February 28, 2018) should be
permitted to remain in place. Upon redevelopment of the lot associated with 2686 North Park
Lane, the driveway providing access to North Park Lane should be closed and access should be
provided via Charles Lane (private).
• The existing dwelling unit (located on Lot 13, Block 1) is served by an individual potable well and
septic system. The preliminary engineering plan identifies the location of the well, however, it
does not identify the location of the septic tank and drainfield. It is unknown if the septic tank
and/or drainfield are located completely within the proposed lot with the existing dwelling unit.
The applicant should be required to provide a revised preliminary engineering plan showing the
locations of the existing septic tank and drainfield prior to submittal of final development
plan/final plat applications. The revised preliminary engineering plan should be provided prior to
submittal of final development plan/final plat applications. Also, the narrative provided by the
applicant, date stamped by the City on February 28, 2018, indicated that the existing dwelling unit
will continue to be served by the existing potable well and septic system. The narrative further
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states utilities (water, sewer, gas, etc.) will be stubbed to the existing dwelling unit for future tie-in
either upon failure of the well or septic system or redevelopment of the parcel, whichever occurs
first. The existing dwelling unit may remain to be served by the individual well and septic system.
If the septic system is not completed located within the lot where the existing home is located the
owner should be required to connect to the central sewer system. Upon failure of the well or septic
system or redevelopment of the parcel, whichever occurs first, the owner should be required to
connect to the respective potable water or central sewer system.
• Plat note #2 of the preliminary planned unit development plan (lot dimensions) states, "Lot 12,
Block 1 is a private road to serve as ingress/egress for lots 4 — 10 and Lot 13, Block 1, to be owned
and maintained by Park Lane Estates homeowners association."
Although plat note #2 addresses that the private road will be owned and maintained by the
homeowners association, the plat notes do not properly address the required information associated
with private roads. Pursuant to Eagle City Code Section 9-3-2-5(C)(2), notes shall be included on
the face of the plat which shall: a) Act to convey to each lot owner within the subdivision to be
served by the private street the perpetual right of ingress and egress over the described private
street; b) Provide that such perpetual easement shall run with the land; and c) Provide that the
restrictive covenant for maintenance of the private street cannot be modified and the
homeowners'/property owners' association or other entity cannot be dissolved without the express
consent of the City. The applicant should provide a revised preliminary planned unit development
plan (lot dimensions) with a plat note that a) conveys to each lot owner within the subdivision to
be served by the private streets the perpetual right of ingress and egress over the described private
street, b) provide that such perpetual easement shall run with the land, c) provide that the
restrictive covenant for maintenance of the private street cannot be modified and the
homeowners'/property owners' association or other entity cannot be dissolved without the express
consent of the City. The revised preliminary planned unit development plan (lot dimensions)
should be provided to the City prior to submittal of final development plan/final plat applications.
• The rezone will have a development agreement associated with project. The preliminary planned
unit development plan (lot dimensions) does not contain a plat note referencing the rezone and
development agreement. The applicant should be required to provide a revised preliminary
planned unit development (lot dimensions) with a new plat note that states, "This development is
subject to the development agreement associated with RZ-08-17 and any subsequent
modifications." The revised preliminary planned unit development plan (lot dimensions) should be
provided prior to submittal of final development plan/final plat applications.
• The properties located adjacent to the site to the north consist of large properties which may be
utilized for agricultural operations. The preliminary plat 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 a final plat application.
• The Eagle Fire Department provided correspondence, date stamped by the City on December 20,
2017, which indicated that roads between 20-26 feet in width shall be posted on both sides "No
Parking -Fire Lane." The applicant should be required to post both sides of the private street with
"No Parking -Fire Lane" signs. The locations and styles of signs should be approved by the Eagle
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Fire Department prior to posting of the signs. The "No Parking -Fire Lane" signs should be posted
prior to the City Clerk signing the final plat.
The preliminary planned unit development plan (preliminary engineering plan) identifies Charles
Lane (Private) as a 30 -foot emergency access only connection to North Park Lane. Site Specific
Condition of Approval #12 of the Ada County Highway District approval report, date stamped by
the City on January 16, 2018, requires the applicant to construct a 30 -foot wide emergency access,
located 270 -feet south of Beacon Light Road, and coordinate the design and placement of bollards
or gate with the Eagle Fire Department. The Eagle Fire Department correspondence indicated that
bollards or vertical gates are not allowed. The correspondence further states that if a gate is
installed it shall meet the requirements of Appendix D Section D103.5 (2012 International Fire
Code). The access point will need to be gated to prevent the emergency access point from being
utilized as a normal access point for the subdivision. The Charles Lane emergency access
providing connection to North Park Lane should be gated. The design and placement of the gate
should be reviewed and approved by ACHD and Eagle Fire Department prior to the installation of
the gate. The gate should be installed prior to the City Clerk signing the final plat.
• The preliminary planned unit development (preliminary engineering plan) shows a non -emergency
vehicle turnaround (signed for no parking) on Charles Lane (private) located approximately 260 -
feet west of the cul-de-sac (Alexander Place [public]). The applicant should be required to post a
"No Parking" sign at the terminus of the non -emergency vehicle turnaround located on Charles
Lane. The "No Parking" sign should be posted prior to the City Clerk signing the final plat.
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 Park Lane Estates Subdivision with conditions of approval as provided within the staff
report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on March
19, 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 seven (7) individuals who indicated the following:
• The proposed density is not compatible with the surrounding area.
• The density calculation is not correct due to the size of the proposed lot where the existing home is
to remain.
• The proposed development will increase traffic on Beacon Light by 20% in the immediate area.
• The Idaho Transportation Department does not have funding to mitigate traffic on the state
highways located in proximity to the site.
• The number of buildable lots located adjacent to Beacon Light Road should be reduced to a
maximum of four (4) lots.
• Concern with the traffic from the proposed subdivision being rerouted through Lockey
Subdivision (Somerset Farms).
• The density and lot sizing in the proposed subdivision is not consistent with the adjacent
subdivisions.
• If the large lot located within the proposed subdivision was not included the density of the
development would exceed two (2) units per acre.
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• The applicant should decrease the number of lots and increase the price of the lots.
• There are three (3) buildable lots and a common lot bordering the Hawk's residence (2522 North
Park Lane). Children playing within the common area will have an impact on their residence. The
applicant should be required to provide privacy fencing between the Hawk's residence and the
common lot.
• The lots should be a minimum of 17,000 -square feet in size.
• The traffic associated with the proposed subdivision will impact the neighboring subdivisions.
• The proposed density of the subdivision will lower the home values of the homes located within
the adjacent subdivision.
• Street lights and house lights within the proposed subdivision will impact the neighboring
properties.
• The higher density within the subdivision will allow for the element of vandalism.
• The access to the common area is too narrow.
• The private street does not allow for on street parking, which will not allow for guest parking.
• Upon redevelopment of the large lot with the existing home, the allowed density within the area
will be exceeded.
COMMISSION DELIBERATION: (Granicus time 2:26:40)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The subdivision is designed to be in conformance with the comprehensive plan and Eagle City Code.
• The proposed density is in conformance with the density identified in the comprehensive plan.
• At the time Lockey Subdivision was being proposed the adjacent neighbors felt the subdivision would
be too dense for the area.
• The only access to the proposed subdivision is through Lockey Subdivision (Somerset Farms) and See
One Subdivision.
• The developer added an additional residential lot after the neighborhood meeting.
• Based on the small lot sizes, the subdivision appears to have a density of three (3) units/acre.
• The applicant reduced the size of the lots to comply with the required open space.
• The proposed subdivision may not provide a proper transition to the property located north of the
development.
• The proposed private road provides a solution to a difficult situation. The private road providing
connectivity to Park Lane should be gated to limit the access to emergency access only.
• Traffic will continue to be an issue due to the growth occurring within the area.
• The City should require a universal fencing style within the development.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Commission voted 2 to 1 (Johnson against, Guerber absent) to approve A-04-17/RZ-08-17 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 Yellowjacket Development, Inc., with the
following conditions to be placed within a development agreement with underline text to be added by the
Commission:
3.1 The maximum density for the Property shall be 1.69 -dwelling units per acre (19 -dwelling units).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
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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
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 maintenance manual for the private street requiring the association(s) shall have the duty to
maintain and operate the private streets including the repair and replacement of asphalt and
sidewalks, in perpetuity.
(d) A requirement that no parking is allowed on the private street and a mechanism for the
enforcement of the no parking requirement.
(e) 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 Usable park amenities such as, pathways, picnic tables, gazebos, and/or similar amenities as
determined by the City Council shall be provided within the open space areas. Landscape plans
showing open space amenities shall also be reviewed and approved by the Design Review Board
prior to submittal of a final development plan/final plat.
3.6 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the
submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide
proof of central sewer service to the proposed residential uses. A letter of approval shall be provided
to the City from the Idaho Department of Health and Welfare, Department of Environmental Quality,
and/or Central District Health, prior to issuance of any building permits.
3.7 The existing dwelling unit may remain to be served by the individual well and septic system. If the
septic system is not completed located within the lot where the existing home is located the Owner
shall be required to connect to the central sewer system. Upon failure of the well or septic system or
redevelopment of the parcel, whichever occurs first, the Owner shall be required to connect to the
respective potable water or central sewer system.
3.8 The existing driveway providing access from North Park Lane to the existing dwelling unit located
at 2686 North Park Lane (Lot 13, Block 1, Park Lane Estates Subdivision, as shown on the
preliminary engineering plan, date stamped by the City on February 28, 2018) shall be permitted to
remain in place. Upon redevelopment of the lot associated with 2686 North Park Lane the driveway
providing access to North Park Lane shall be closed and access shall be provided via Charles Lane
(private).
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3.9 Landscape buffer area reauirements as required pursuant to Eagle City Code Section 8 -2A -7(J)(4).
shall be waived for Lot 13. Block 1. located adiacent to North Park Lane until such time that
redevelopment occurs. Owner shall be reauired to submit a design review Alternative Method of
Compliance application regarding the buffer area located within Lot 13, Block 1.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Commission voted 2 to 1 (Johnson against, Guerber absent) to recommend approval of CU-13-
17/PPUD-07-17/PP-08-17 for Park Lane Estates Planned Unit Development (Exhibit "A") for
Yellowjacket Development, Inc., with the following staff recommended site specific condition of approval
and standard conditions of approval with underline text to be added by the Commission and strikethrough
text to be deleted by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1 Comply with all conditions within the development agreement for rezone application RZ-08-17.
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 an invoice by the City,
whichever occurs first.
4. Provide a revised preliminary engineering plan showing the locations of the existing septic tank and
drainfield prior to submittal of final development plan and final plat applications. The revised
preliminary engineering plan shall be provided prior to submittal of final development plan and final
plat applications.
5. 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). Lot 13. Block 1. shall have open -style fencing located along the south
property line adiacent to the common open space area. Anv privacy fencing installed along the north
property line of Lot 13. Block 1, shall be removed upon redevelopment of the property. All future
fencing located within the backyards of the residential lots shall be similar in design. The applicant
shall install privacy fencing between the common area and the residential lot located at 2522 North
Park Lane. The privacy fencing shall be installed prior to the City Clerk signing the final plat.
6. The required setbacks shall be as follows:
Front 3432 -feet (Lots 7-10. Block 1, 25 -feet)
Rear 30 -feet
Side 10 -feet (additional 5-feet/story)
Street Side 3325 -feet
Maximum Coverage 40%
Lot 3, Block 2
Front 33 -feet
Rear (east property line) 25 -feet
Side (north property line) 7.5 -feet (additional 5-feet/story)
Maximum Coverage 40%
7. Provide a revised preliminary planned unit development plan (lot dimensions) with a new plat note
that states, `Building setback lines shall be in accordance with the City of Eagle Zoning Ordinance in
effect at time of issuance of a building permit or as specifically approved." The revised preliminary
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planned unit development plan (lot dimensions) shall be provided prior to submittal of final
development plan/final plat applications.
8. Provide a revised preliminary planned unit development plan (lot dimensions) with a plat note that a)
conveys to each lot owner within the subdivision to be served by the private streets the perpetual right
of ingress and egress over the described private street, b) provide that such perpetual easement shall
run with the land, c) provide that the restrictive covenant for maintenance of the private street cannot
be modified and the homeowners'/property owners' association or other entity cannot be dissolved
without the express consent of the City. The revised preliminary planned unit development plan (lot
dimensions) shall be provided to the City prior to submittal of final development plan and final plat
applications.
9. Provide a revised preliminary planned unit development (lot dimensions) with a new plat note that
states, "This development is subject to the development agreement associated with RZ-08-17 and any
subsequent modifications." The revised preliminary planned unit development plan (lot dimensions)
shall be provided prior to submittal of final development plan and final plat applications.
10. Provide a revised preliminary planned unit development plan (lot dimensions) with a new plat note
that states, "Direct lot access to North Park Lane and West Beacon Light Road is prohibited unless
approved by the Ada County Highway District and the City of Eagle." The revised preliminary
planned unit development plan (lot dimensions) shall be provided prior to submittal of final
development plan/final plat applications.
11. Provide a revised preliminary planned unit development plan (lot dimensions) 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 planned unit development plan (lot dimensions)
shall be provided prior to submittal of final development plan and final plat applications.
12. Provide a revised preliminary planned unit development plan (lot dimensions) which a new plat note
that states, "The pressurized irrigation system shall be maintained and operated by the Park Lane
Estates Subdivision Homeowners Association." The revised preliminary planned unit development
plan (lot dimensions) shall be provided prior to submittal of final development plan/final plat
applications.
13. 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.
14. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain
the pressurized irrigation system, street lights, and all common landscape areas in a competent and
attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in
perpetuity. The CC&Rs shall contain a provision that the sections governing the aforementioned items
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cannot be removed without the express consent of the city.
15. Provide an operation and maintenance manual that also provides a funding mechanism for the
replacement of pumps associated with the pressurized irrigation system. The operation and
maintenance manual shall be submitted with the final development plan/final plat applications.
16. Post both sides of the private street with "No Parking -Fire Lane" signs. The locations and styles of
signs shall be approved by the Eagle Fire Department prior to posting of the signs. The "No Parking-
Fire
arkinbFire Lane" signs shall be posted prior to the City Clerk signing the final plat.
17. Post a "No Parking" sign at the terminus of the non -emergency vehicle turnaround located on Charles
Lane. The "No Parking" sign shall be posted prior to the City Clerk signing the final plat.
18. The Charles Lane emergency access providing connection to North Park Lane shall be gated. The
design and placement of the gate shall be reviewed and approved by ACHD and Eagle Fire
Department prior to the installation of the gate. The gate shall be installed prior to the City Clerk
signing the final plat.
19. Park Lane Estates Subdivision shall remain under the control of one Homeowners Association.
20. All plat notes that are required on the preliminary planned unit development plan (lot dimensions)
shall be transferred to the final plat prior to submittal of final development plan/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.
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.
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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
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.
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.
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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
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.
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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 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.
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.
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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-04-17/RZ-08-17) 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 -2 -DA -P (Residential with a development agreement —
PUD) complies with the Neighborhood Residential (Transition Overlay) designation as shown on
the Comprehensive Plan Land Use Map since the proposed density of 1.69 -dwelling units per acre
is in conformance with the 1-2 dwelling units per acre permitted within the Village Planning Area;
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. The site is
located within the boundaries of the Eagle Sewer District and the Suez of Idaho certificated service
area for potable water;
c. The proposed R -2 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with RUT (Rural -Urban Transitional — Ada County designation) zone and land use to the
north since West Beacon Light Road (minor arterial) is located adjacent to the development on the
north and the applicant will be required to construct a buffering berm between the development
and West Beacon Light Road;
d. 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) and R -2 -DA
(Residential with a development agreement) zones and land use to the south since this area is
designated Neighborhood Residential (Transition Overlay) in the Comprehensive Plan and a
portion of the area is being developed with a residential subdivision and a large common lot with a
privacy fence will be located adjacent to the remaining area;
e. The proposed R -2 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the R -2 -DA (Residential with a development agreement) zone and land use to the
east since this area is designated Neighborhood Residential (Transition Overlay) in the
Comprehensive Plan and contains residential subdivision with similar 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) and R1 (Residential
— Ada County designation) zones and land use to the west since this area is designated
Neighborhood Residential in the Comprehensive Plan and is developed with a residential
subdivision and an unplatted parcel which may be developed with a density similar to the
proposed development;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan;
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-13-17/PPUD-07-17/PP-08-17) 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:
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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 proposed development is compatible and harmonious with the existing residential uses in the
vicinity of the project. The proposed lot sizes are appropriate for their location on a
collector/arterial intersection while still providing an appropriate transition from the neighboring
subdivisions located to the east and south.
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. The proposed development will also improve pedestrian and utility
connectivity in the immediate area.
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 streets providing connectivity with the
existing stub streets located adjacent to the development.
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.
The site will be served by public roads, Eagle Police Department, and the Eagle Fire Department.
The site is located within the boundaries of Eagle Sewer District and Suez of Idaho certificated
service area (potable water). 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.
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, Suez of Idaho, and 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.
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 because;
The development will contain 20.4% of dedicated open space consisting of four (4) common lots
which are inclusive of a large open area with a pathway.
h. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
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J•
Access to the development will be from Morgan Creek Street to the east and Wellhouse Street to
the south. The interior streets consist of one (1) public street and one (1) private street. The
proposed street 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.
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 proposed
density of 1.69 -dwelling units per acre is in conformance with the density range of 1-2 units per
acre identified for the Village Planning Area.
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.
3. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the
Commission has determined that:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that the private street
will serve to enhance the overall development. The following reasons support the above noted
finding:
Because this development is located at the intersection of North Park Lane and West Beacon Light
Road, the design will limit access points in close proximity to the intersection;
2. The private street within the subdivision provide safe and effective movement of both vehicular
and pedestrian traffic because of the following:
The roadways will be designed to be non -continuous and terminate with a hammerhead turnaround
allowing for vehicles to turnaround, thereby limiting the number of vehicles using the roadways;
and because only four (4) lots are being served by these roads, the number of vehicles and
pedestrians using the roadways is further limited;
3. The private street provides adequate access for service and emergency vehicles:
The private street is designed with a gated emergency access providing access to North Park Lane.
The Eagle Fire District will be required to approve the design of the roadway, emergency access,
and actuator device for emergency vehicles to be installed on the gate;
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4. The private streets within the subdivision do not adversely affect access to adjacent properties:
The private street will not adversely affect access to adjacent properties since it will not connect
one public street to another and since it does not take away existing public street accesses to
surrounding properties;
5. The private streets will not landlock adjacent property due to topography or parcel layout as shown
on the proposed plan, and since all adjacent properties currently have access to public roadways;
6. The private streets within the subdivision do not connect one public street to another;
7. The use or alignment of the private street within the subdivision do not interfere with the
continuity of public streets as noted above; and
8. An appropriate mechanism will be established for the repair and maintenance of the private street,
including provisions for the funding thereof, within the required CC&R's for the subdivision and
with any necessary notes to be provided on the final plat, all to be reviewed by the City Engineer
and City Attorney prior to City approval of the final plat.
DATED this 2nd day of April, 2018
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
ATTEST:
LiA .hD
`"Sharon K. Bergmann, Eagle City Ckrk
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