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Findings - PZ - 2023 - A-10-22/RZ-13-22/PP-19-22 - Brookstone - Annexation, Rezone From Rut To R-6-Da And Preliminary Plat For Brookstone Subdivision BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION,REZONE FROM )
RUT [RURAL-URBAN TRANSITION )
—ADA COUNTY DESIGNATIONS] )
TO R-6-DA [RESIDENTIAL WITH A )
DEVELOPMENT AGREEMENT(IN LIEU )
OF A PUD)] AND PRELIMINARY PLAT )
FOR BROOKSTONE SUBDIVISION FOR )
TIMBERLAND DEVELOPMENT PARTNERS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-10-22/RZ-13-22/PP-19-22
The above-entitled annexation,rezone with a development agreement(in lieu of a PUD), and preliminary
plat applications came before the Eagle Planning and Zoning Commission for their recommendation on
February 6, 2023, 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:
Timberland Development Partners, represented by Dave Yorgason, is requesting an annexation,
rezone from RUT (Rural-Urban Transition — Ada County designation) to R-6-DA (Residential
with a development agreement[in lieu of a PUD]), and preliminary plat approvals for Brookstone
Subdivision, a 113-lot (97-buildable [53 single-family, 44 single-family attached], 16-common)
residential subdivision. The 23.28-acre site is located on the north side of State Highway 44
approximately 1,850-feet west of the intersection of State Highway 44 and North Linder Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at North Star Charter School at 6:00 PM, on Tuesday, June
21, 2022, in compliance with the application submittal requirement of Eagle City Code. The
applications for this item were received by the City of Eagle on August 26, 2022. A revised
preliminary plat was received by the City on November 17, 2022. A second revised preliminary
plat was received by the City on December 8, 2022. A narrative addendum was received by the
City on December 8,2022.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on September 26, 2022, in accordance with the
requirements of the Eagle City Code. Notice of Public Hearing on the applications for the Eagle
Planning and Zoning Commission was published in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and the Eagle City Code on January 20, 2023. Notice of this public
hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter
65, Idaho Code and Eagle City Code on January 20, 2023. The site was posted in accordance
with the Eagle City Code on January 26,2023.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's narrative, date stamped by the City on August 26, 2022 (attached to the staff
report).
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Compact Residential RUT(Residential—Ada Agriculture
County designation)
Proposed No Change R-6-DA(Residential with a Single-family residential
Development Agreement[in subdivision
lieu of a PUD)
North of site Compact Residential R-5-DA-P(Residential with Single-family residential
a development agreement- subdivision(Mosscreek
PUD) Subdivision)
South of site Neighborhood R-3-DA-P(Residential with State Highway 44 and a
Residential a development agreement- single-family residential
PUD) subdivision(Bald Eagle
Pointe Subdivision)
Ea't of site Compact Residential MU-DA(Mixed Use with a Single-family residential
development agreement[in subdivision(Eaglefield
lieu of a PUD]) Village Subdivision)
West of site Compact Residential R-5-DA-P(Residential with Single-family residential
a development agreement- subdivision(Mosscreek
PUD)and RUT(Residential Subdivision future phase)
—Ada County designation) and a single-family
residence,agriculture
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA,CEDA,or DSDA.
SITE DATA:
Total Acreage of Site—23.28-acres
Total Number of Lots— 113
Residential—97
Commercial—0
Industrial—0
Common— 16
Total Number of Units—97
Single-family—53
Single-family attached—44
Two-family—0
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Multi-family—0
Total Acreage of Any Out-Parcels—none
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 4.17-units per acre 4.17-units per acre maximum
(as limited within the
development agreement)
Minimum Lot Size 3,893-square feet(single-family 1,600-square feet(minimum
attached dwelling) for single-family attached
5,060-square feet(single-family dwelling lots)and 5,000-
detached dwelling) square feet(minimum for
single-family detached
dwelling lots)
Minimum Lot Width 35-feet(single-family attached 20-feet(minimum single-
dwelling lots) family attached dwelling lots)
44-feet(single-family detached 50-feet(minimum single-
dwelling lots) family detached dwelling lots)
Minimum Street Frontage 35-feet 35-feet(minimum)
Total Acreage of Common Area 11.37-acres 4.66-acres(minimum)
Percent of Site as Common Area 48.8% 20%(minimum)
Percent of Common Area Open 23%(2.62-acres) 15%(minimum)(1.71-acres)
Space as Active Open Space
J. GENERAL SITE DESIGN FEATURES:
Open Space:
A total of 11.37-acres (approximately 48.8%) of open space is proposed within the subdivision.
Approximately 2.62-acres (23%) of the proposed open space is considered to be "Open Space,
Active" as defined by Eagle City Code Section 9-1-6. The open space is inclusive of the 13
common lots. Three (3) common lots which are proposed to contain the buffer areas located
adjacent to North Stonehart Avenue and State Highway 44, two (2) centralized common areas,
one (1) common area along the north property line, two (2) common lots located on each side of
the entrance (West Sandy Creek Way), one(1) common lot located adjacent to the east boundary
line, one (1) common lot located at the southeast corner of the development between the buffer
common lot and the private street, and three(3)common lots containing landscape islands within
the private street. The centralized common lots will contain ponds, club house, pool, dog park,
and pathways. The buffer area common lots and the common lot located adjacent to the northern
property line will contain pathways.
Landscape Screening:
The western property line is located adjacent to North Stonehart Avenue which is recognized as a
collector in the comprehensive plan. The southern property line is located adjacent to State
Highway 44 which is classified as a principal arterial. The applicant is proposing 35-foot-wide
buffer common lots adjacent to North Stonehart Avenue and a minimum 75-foot-wide buffer
common lot located adjacent to State Highway 44.
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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&Rs are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so
graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff
shall cross any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
The preliminary plat, date stamped by the City on December 8, 2022, notes a 21-foot-wide public
utilities, irrigation, and lot drainage easement located adjacent to any public street. The
preliminary plat also notes a 5-foot-wide easement is located adjacent to any interior side lot line
(with the exception of the single-family attached lots) and 10-foot wide rear lot line easement for
public utilities, irrigation, and lot drainage.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System: No.
Pressurized Irrigation:
The applicant provided a preliminary irrigation report for Brookstone and Tierpointe
Subdivisions, date stamped by the City on November 16, 2022 (attached to the staff report). The
applicant will be required to install pressurized irrigation.
Preservation of Existing Natural Features:
The site contains a few mature trees located along the irrigation canal located adjacent to the
north property line, which will be retained.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
K. STREET DESIGN:
Private Streets:
The private streets will be constructed based on the Street Section Details shown on page PP-3 of
the preliminary lot and curve tables and street sections contained within the preliminary plat, date
stamped by the City on December 8,2022.
Blocks Less Than 500':None.
Cul-de-sac Design:None proposed.
Sidewalks:
The applicant is proposing 5-foot-wide detached sidewalks separated by an 8-foot-wide planter
strip on both side of the public streets.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior streets.
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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 Zoning Administrator prior
to the submittal of a design review application.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
L. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
See the Trails and Pathways Superintendent's memo dated November 29, 2022 (attached to the
staff report).
M. PUBLIC USES PROPOSED: None proposed.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will be served by the City of Eagle Municipal Water System. The property will be
served by Eagle Sewer District upon annexation and installation of the required infrastructure.
The applicant will be required to install fiber-optic conduit within the joint trench for future
connection.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—Yes—In close proximity to the northeast corner of the property.
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—Yes—Middleton Canal
Unique Animal Life—Unknown
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Atlas Geotechnical Investigation Eagle 23 Subdivision, date stamped by the City on August 26,
2022 (attached to the staff report).
Natural Features Analysis for Brookstone Subdivision, date stamped by the City on August 26,
2022(attached to the staff report).
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated January 17, 2023, are of special
concern(attached to the staff report).
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City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent's memo dated November 29, 2022, are of special concern (attached to the staff
report).
ACHD
Communities in Motion 2050 Development Checklist
Eagle Fire Department
Eagle Sewer District
Idaho Department of Fish and Game
Sawtooth Law Offices, PLLC
S. LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from Darcy Hart, with Urban Solutions, date stamped by the City on
October 25, 2023.
T. FISCAL IMPACT ANALYSIS:
Developer Data Table, received by the City on August 26, 2022, along with the analysis table
(attached to the staff report).
U. The applicant is proposing to construct the subdivision in two (2) phases. The first phase is
proposed to be recorded within two (2) years with the second phase approximately 18-24 months
following the first phase.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Compact
Suitable for single family residential, row houses, duplex and four-plexes. Densities range from 4
units per acre to 8 units per acre.
6.5.1 PARK LANE USES
G. The area located northwest of Linder Road and State Street intersection is designated as
compact residential to provide for apartments, town homes and patio homes, and
transitioning northward to neighborhood residential (up to 1-2 units per acre). Internal
circulation is essential to the development of this area; a frontage road (Escalante Drive)
should be extended from Linder Road west to the intersection of Moon Valley Road and
State Highway 44. Uses should focus on Escalante Drive (not State Street) with berming
and wide setbacks to be used to buffer the residential uses from State Highway 44.
Escalante Drive should not be allowed to have front on housing.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
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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 parcel division applications submitted after
the effective date hereof in all zoning districts except the city council may permit the use of
individual well(s) and septic system(s) in the A, A-R and R-E zoning districts upon a
determination that the public health, safety, and welfare will not be negatively impacted.
Whenever there is a conflict or difference between the provisions of this section and those of
other chapters and/or other titles, the chapter or title with the more restrictive provision shall
prevail. When a property is being proposed for rezone to the R zoning district, a development
agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the
city council, provided the development agreement includes conditions of development that are
required during the PUD and conditional use process.
DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted
on the official zoning map of the city (i.e., C-2-DA), indicates that the zoning was approved by
the city with a development agreement. Specific provisions, as may have been incorporated
within the development agreement, are applicable to development within this zoning designation.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks Minimum
Note Conditions A To E* Lot Area
Zoning Maximum (Acres Or Minimum
District Maximum Front Rear Interior Street Lot Covered Square Lot
Height Side Side F And J* Feet)H* Width I*
35' '(r '(r ='t}' 60% 5,000 -,(
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
I. Minimum lot frontage: The minimum lot frontage for all residential zoning districts shall be
the minimum lot width specified within the zoning district or 35-feet,whichever is less.
• Eagle City Code Section 8-2A-7 (J)(4)(a and c): Landscape and Buffer Area Requirements:
a. Any road designated as a collector on the master street map typologies map 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.
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c. Any road designated as a principal arterial on the master street map typologies map in the
Eagle comprehensive plan:
A minimum of seventy five feet (75') 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: six (6)
shade trees, ten (10) evergreen trees, four (4) 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 ten foot (10') high, maximum twelve foot (12') 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
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-3-2-5: Private Streets and Private Alleys:
Private streets and private alleys may be permitted, in the discretion of the council, subject to the
following:
A. Compliance: The council must find that any proposed private streets or private alleys are in
compliance with each of the following criteria:
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 and or private alleys will serve to enhance the overall development.
2. Safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and
parking are provided.
3. Adequate access for service and emergency vehicles is provided.
4. Access and good transportation planning to adjacent property and to the area travel
networks is not adversely affected.
5. Adjacent property will not be landlocked by the site layout.
6. Other than to provide emergency access, the private streets, or private alleys, 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 or alleys do not interfere with the continuity of
public streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets and private alleys, including provisions for the funding thereof.
9. Private streets and private alleys are only permitted within a planned unit development
and are limited to providing access to no more than ten percent (10%) of the lots, except
that private streets and private alleys may serve all single family attached dwelling lots.
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B. Construction And Design Standards: Private streets and private alleys shall conform to the
following construction and design requirements:
1. All private street and private alley construction shall be in accordance with Ada County
highway district's structural standards for streets and alleys including base course and
asphaltic concrete mat thickness utilizing the appropriate traffic index or as may be
recommended by the city engineer and 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 and private alleys 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 and private alleys shall contain paved travel lanes a minimum
of ten feet (10') in width and shall provide for the safe, convenient, and effective
movement of both vehicular and pedestrian traffic for private streets and vehicle traffic
for private alleys. Vertical curbing shall be provided for private streets that are less than
thirty-four feet(34') in total width. Alleys must utilize other curb types.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title. However,
alternative sidewalk and landscape strip designs may be approved by the City Council
based upon a finding made by the Council that characteristics and qualities of the
development justify the alternate design. Sidewalks and planter strips, as referenced
within subsection 9-4-1-6F of this title, shall not be required along alleys.
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 and private alleys 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 dead end private streets and private alleys shall terminate 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.
d. Private streets and private alleys not exceeding 150-feet may terminate with no turn-
around if approved by the Eagle Fire District.
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7. The design of all private streets and private alleys 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 and private alleys as follows:
1. A plan and schedule for the future repair and maintenance of the private street and private
alley 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 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 private streets and private alleys 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
streets or private alleys 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 streets or private
alleys 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 streets or private alleys
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 streets or private alleys in
accordance with the approved plan as provided for in subsection C 1 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 streets or private alleys 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
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fees incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets and private alleys 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 or private alleys 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 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side
lot lines. Easement width shall be ten (10') feet along rear and front lot lines and five feet
along each side lot line, except that lesser easement widths, to coincide with respective
setbacks,may be considered as part of a planned unit development.
B. A five foot (5') wide unobstructed drainageway easement shall be provided in conjunction
with the utility easement along each side lot line or as required by the city council,except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of a
planned unit development.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted within the above designated areas. A section
within the subdivision CC&Rs shall be created for the regulation of fences to this effect.
• Eagle City Code Section 9-4-1-5: Streetlights:
Unless determined otherwise by the city council as part of the design of the subdivision, all
subdividers within the city limits shall be required to install, at the subdividers' expense,
streetlights in accordance with city specifications and standards at locations designated by the
administrator. After inspection and confirmation of installation and operation by the
administrator, the subdivider (and subsequent homeowners' association) shall assume ownership
of the streetlights and shall pay the cost of maintenance and power in perpetuity.
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required.
D. DISCUSSION(based on the preliminary plat, date stamped by the City on December 8, 2022):
• The proposed development is located within the City of Eagle's Municipal Water Service Area.
Pursuant to Resolution No. 8-09, payment of Storage and Trunk Line (STL) fee is to be provided
at the time of preliminary and final plat applications. The amount of the STL fee is
$2,100/Equivalency Residential Customer (ERC). An ERC is equivalent to each residential
buildable lot. The applicant has submitted a storage trunk line deferral request, dated January 14,
2022,to the City of Eagle Water Department. The request is to delay paying the required STL fee
until submittal of a fmal plat application. The applicant received approval from the City of Eagle
Water Department(of the waiver request)on September 26,2022.Based on 97-lots,the total STL
fee required for the subdivision is $203,700.00. Pursuant to Resolution No. 8-09, the preliminary
plat STL fees to be paid for the subject subdivision is based upon the following calculation:
$1,135.47 + (-1.221 x Total Lots). The STL fee required at the time of preliminary plat is
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$98,652.20. The remaining portion due at the time of fmal plat application(s) totals $105,047.80.
The applicant should pay the required preliminary plat STL fee of$98,652.20 with the remaining
portion of the $203,700.00 to be paid at the rate of($2,100.00 minus $1,017.03[Preliminary Plat
Fee per lot]) x Lots in Final Plat or $1,082.97 x Lots in Final Plat at the time of submittal of the
first final plat application.
• The Landscape Plan shows a 6-foot vinyl privacy fence located between a common lot (Lot 3,
Block 1) and the south property line of Lot 4,Block 1, and between a common lot(Lot 81, Block
1) and the north property line of Lot 80, Block 1 (as identified on the preliminary plat). Pursuant
to Eagle City Code Section 9-3-10, any fencing located adjacent to common area open spaces and
on the street side of all corner lots shall be an open fencing style such as wrought iron or other
similar decorative style, durable fencing material. The applicant should be required to provide a
revised fencing plan showing open style fencing located between Lot 3, Block 1, and the south
property line of Lot 4, Block 1, and between Lot 81, Block 1, and the north property line of Lot
80,Block 1.The revised fencing plan should be submitted with the design review application.
• The applicant is requesting a reduction of the required setbacks. The proposed setbacks shown on
page PP-1 of the preliminary plat are as follows:
Front 20-feet property line to living space
25-feet back of sidewalk to garage
Rear 20-feet(Requesting reduction to 15-feet)
Side 7.5-feet (first story) (Request reduction to 5-feet) (5-feet each
additional story)
Street Side 20-feet
Maximum Lot Coverage 60%
The applicant is requesting a R-6-DA (Residential with a development agreement) zoning
designation. Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required
within the R-6(Residential)zoning designations:
Single-family(detached)
Front 20-feet
Rear 20-feet
Interior Side 7.5-feet(first story) 5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 60%
*All front load garages shall be setback a minimum of 25-feet from the back of sidewalk
Single-family(attached)
Front 20-feet(10-feet if alley loaded)
Rear 15-feet(5-feet if alley loaded)
Side 5-feet(0-feet for common wall)
Street Side 20-feet
Maximum Lot Coverage N/A
PP-4 of the preliminary plat shows a typical street section for the interior streets with 6-feet of the
8-foot-wide planter strip and the 5-foot-wide detached sidewalk being located within the
property. Also, the applicant is proposing a 21-foot wide public utilities, irrigation, and lot
drainage easement adjacent to the public streets. Eagle City Code Section 8-2-4(G) requires all
front load garages shall be setback 25-feet from back of sidewalk. To accommodate the garage
setback from the property line the setback would need to be 36-feet from the property line to be in
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conformance with Eagle City Code Section 8-2-4. Based upon the location of the planter strip and
the detached sidewalk, a side entry garage should be no less than 21-feet from the property line to
accommodate the public utilities, irrigation,and lot drainage easement.
It is staff's opinion that based on the location of the detached sidewalk and the width of the
easement the following setbacks (measured from the property line) and maximum lot coverage
for this development should be required:
Single-family(detached)
Front 21-feet(living space/side entry garage)
36-feet(front-load garage)
Rear 15-feet
Interior Side 5-feet(first story) 5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 60%
Single-family(attached)
Front 21-feet(10-feet if alley loaded)
Lots 40-71,Block 1 36-feet(front-load garage)
Rear 15-feet(5-feet if alley loaded)
Side 5-feet(0-feet for common wall)
Street Side 20-feet
Maximum Lot Coverage N/A
• PP-5 of the preliminary engineering plans show the locations of the proposed streetlights. The
corners of North Sunset Lake Avenue and West Calm Water Street and the corner of North
Sunset Lake Avenue and West Marble Street do not include a proposed streetlight. No streetlight
is proposed on North Temsford Way in proximity to the proposed clubhouse or entrance to the
parking area. Also, the pathway located on Lot 106, Block 1, does not contain streetlights at the
locations where the pathway intersects West Calm Water Street and West Marble Street. The
applicant should be required to provide a revised streetlight plan showing streetlights at the
following locations: 1) the corner of North Sunset Lake Avenue and West Calm Water Street, 2)
the corner of North Sunset Lake Avenue and West Marble Street, 3)North Temsford Way where
the parking area access intersects the street, and 4) at the locations where the pathway located
within Lot 106, Block 1, intersects West Calm Water Street and West Marble Street. The revised
street light plan should be provided prior to submittal of a design review application.
PUBLIC HEARING OF THE COMMISSION(Public Hearing Audio/Video Record):
https://eagle-
id.granicus.com/player/clip/1684?view id=1&redirect=true&h=aec483bc318f895101062a2cd0544247
A. A public hearing on the applications was held before the Planning and Zoning Commission on
February 6, 2023, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the applications was presented to the Planning and Zoning
Commission by two(2) individuals who expressed the following concerns:
• The number of new subdivisions be proposed within the immediate area is creating a negative
impact on schools and traffic.
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• Traffic studies do not include the overall impact to the transportation system.
• Traffic studies do not address future development.
• New developments negatively impact the quality of life for residents currently residing within the
area.
• A traffic signal needs to be installed at the intersection of West Stonehart Avenue and State
Highway 44.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• As proposed,the development is in conformance with the comprehensive plan and Eagle City Code.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Commission voted 5 to 0 to recommend approval of A-10-22 and RZ-13-22 for an annexation and
rezone from RUT (Rural-Urban Transition — Ada County designation) to R-6-DA (Residential with a
development agreement [in lieu of a PUD])with the following staff recommended 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 4.17 dwelling units per acre (97 single-family
dwellings).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan,notice shall be provided as may be required by the City.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, fencing, private alleys, 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 the requirement cannot be modified and the homeowner's association
or other entity cannot be dissolved without the express consent of the city.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chain-link) shall be
prohibited.
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule,regulation, law or ordinance.
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3.5 The setbacks shall be as follows:
Single-family(detached)
Front 21-feet(living space/side entry garage)
36-feet(front-load garage)
Rear 15-feet
Interior Side 5-feet(first story) 5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 60%
Single-family(attached)
Front 21-feet(10-feet if alley loaded)
Lots 40-71 and 77-80,Block 1 36-feet(front-load garage)
Rear 15-feet(5-feet if alley loaded)
Side 5-feet(0-feet for common wall)
Street Side 20-feet
Maximum Lot Coverage N/A
3.6 A letter of approval shall be provided to the City from the Eagle Sewer District indicating all the
Property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal
of a final plat application. Owner shall comply with all applicable Eagle Sewer District's
regulations and conditions prior to the submittal of a final plat application.A letter of approval shall
be provided to the City from the Eagle Sewer District approving construction plans for each final
plat phase prior to the issuance of a "Notice to Proceed" with construction letter. Prior to the
issuance of any building permits, Owner shall provide proof of central sewer service to the
proposed residential use.
3.7 Owner shall comply with the Idaho Power Company requirements regarding the separation distance
between an electrical transformer and structure.
3.8 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown on Exhibit E.
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each structure within the
development shall be accompanied by an approval letter from the Architectural Control Committee.
Building permit applications that do not have an approval letter attached will not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not substantially conform to the design
requirements as shown on the Exhibit E. If a building permit is denied, the applicant shall have the
right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section
8-7-4-1.
3.9 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage,2)planting details within the proposed and required landscape island and all common areas
throughout the development, 3) elevation plans for all proposed common area structures and
irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if
proposed), and 4) useable amenities such as picnic tables, covered shelters, benches, gazebos,
and/or similar amenities (if proposed). The design review application shall be reviewed and
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approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of the
first final plat.
3.10 All living trees shall be preserved unless otherwise determined by the City Council. A detailed
landscape plan showing how the trees will be integrated into the open space areas (unless approved
for removal by the City Council) shall be provided prior to the submittal of a fmal plat.
Construction fencing shall be installed to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
3.11 Owner shall provide a"Heavy Truck Traffic Plan"to be followed by any vehicle or equipment over
8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck
traffic routes shall maximize use of highways and major arterials while minimizing use of smaller
residential streets. The plan will also cite that compression braking is prohibited everywhere in
Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and
for monitoring compliance.
3.12 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s)shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend approval of PP-18-22 for a preliminary plat for Brookstone
Subdivision(Exhibit"A")with the following staff recommended site specific conditions of approval and
standard conditions of approval with underline text to be added by the Commission and strike through
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-13-22.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice
by the City,whichever occurs first.
4. The applicant shall pay the required preliminary plat STL fee of $98,652.20 with the remaining
portion of the $203,700.00 to be paid at the rate of($2,100.00 minus $1,017.03[Preliminary Plat Fee
per lot])x Lots in Final Plat or$1,082.97 x Lots in Final Plat at the time of submittal of the first fmal
plat application. (Resolution No. 8-09)
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 9-3-10 S 2A 7(J).
6. Provide a revised fencing plan showing open style fencing located between Lot 3, Block 1, and the
south property line of Lot 4,Block 1, and between Lot 81,Block 1,and the north property line of Lot
80,Block 1.The revised fencing plan shall be submitted with the design review application.
7. Provide a revised streetlight plan showing streetlights at the following locations: 1) the corner of
North Sunset Lake Avenue and West Calm Water Street, 2)the corner of North Sunset Lake Avenue
and West Marble Street, 3) North Temsford Way where the parking area access intersects the street,
and 4) at the locations where the pathway located within Lot 106, Block 1, intersects West Calm
Water Street and West Marble Street. The revised street light plan shall be provided prior to
submittal of a design review application.
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8. The applicant shall be required to comply with the Trails and Pathways Superintendent's memo
dated November 29, 2022, with the exception of Site Conditions for Approval #s 1.2, 1.3, and 1.6,
prior to the City Clerk signing the final plat.
9. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed
at the front of each lot generally at each side property line, or as approved by the Design Review
Board. The trees shall be located within an 8-foot wide landscape strip between the 5-foot wide
concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so
as to not interfere with the required placement of street trees. Prior to the City Clerk signing the final
plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a
letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements.
Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary
occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may
be permitted for any portion of the development that is completed, including street trees that have
been installed. On-going surety for street trees for all undeveloped portions of the development will
be required through project completion.
10. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat.
11. The Brookstone Subdivision shall remain under the control of one Homeowners Association.
12. The applicant shall place a note on the final plat that the pressurized irrigation system and all common
lots are to be owned and maintained by the Homeowner's Association.
13. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity.
14. The applicant shall work with the City to establish a Conservation and Education Program (CEP)
Funding Plan associated with Brookstone Subdivision. The CEP Funding Plan shall be executed by
the applicant and the City prior to the City Clerk signing the final plat.
15. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to
install fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan.
Upon completion of the installation of the municipal fiber-optic conduit lines, the applicant shall
provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal
fiber-optic conduit lines shall be installed, GIS coordinates provided, and the fiber-optic conduit lines
shall be dedicated to the City prior to the City Clerk signing the final plat.
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.
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4. Department of Environmental Quality approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service,prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed
on the street side of the home or shall have their sewer drainage system designed with a stub at
the house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific
criteria for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the 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&Rs 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
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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 fmal plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
streetlights shall be the responsibility of the applicant, subdivider,business owner,homeowner,
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by
the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat.
16. An approval letter from the Eagle Fire Department shall be submitted prior to the City Engineer
signing the 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.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, streetlights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the fmal plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the
storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or
other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
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19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to submittal of a fmal plat
application.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any
other area designated by the City Council or Eagle City Parks, Pathways, and Recreation
Development Commission for a path or walkway shall be approved in writing by the Eagle City
Parks and Pathways Development Commission prior to approval of the fmal plat by the City
Council.
21. Conservation, recreation and river access easements (if applicable) shall be approved by the staff
and the City Engineer and shall be shown on the final plat prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations(if applicable)prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain(if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the fmal
plat.
27. Basements in homes in the flood plain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall
be complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
30. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the fmal plat has received the approval of the
City Council(ECC 9-6-5 (A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the fmal plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the fmal plat. The
financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified
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check.
31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central
District Health Department, Ada County Treasurer, Ada County Highway District
Commissioners,City Engineer, and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights,claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the fmal plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off
leash.
37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment
over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy
truck traffic routes shall maximize use of highways and major arterials while minimizing use of
smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all
sub-contractors and for monitoring compliance.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-10-22/RZ-13-22) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designations of R-6-DA(Residential with a development agreement [in lieu
of a PUD])zoning district is consistent with the Compact Residential designation as shown on the
Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zones;
c. The proposed R-6-DA (Residential with a development agreement [in lieu of a PUD]) zoning
district is compatible with the R-5-DA-P(Residential with a Development Agreement-PUD)zone
and land use to the north since that area is being developed with a residential subdivision and a
public street bordering the subject subdivision;
d. The proposed R-6-DA (Residential with a development agreement [in lieu of a PUD]) zoning
district is compatible with the R-3-DA-P (Residential with a development agreement-PUD) zone
and land uses to the south since State Highway 44 is located adjacent to the southern property line
and the applicant is proposing a 75-foot wide buffer located adjacent to the state highway;
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e. The proposed R-6-DA (Residential with a development agreement [in lieu of a PUD]) zoning
district is compatible with the MU-DA (Mixed Use with Development Agreement [in Lieu of a
PUD]) zone and land use to the east since the area to the east is development with a residential
subdivision with similar density and the proposed development is bordered by a common lot;
f. The proposed R-6-DA (Residential with a development agreement [in lieu of a PUD]) zoning
district is compatible with the R-5-DA-P (Residential with a development agreement-PUD) and
RUT(Residential—Ada County designation)zones and land use to the west since a portion of the
area is being proposed to be developed in a similar manner and the remaining portion is currently
being developed with a residential subdivision with similar density;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
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 development
agreement in lieu of a PUD, and based upon the information provided concludes that the proposed
development is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. That the proposed development agreement in lieu of a 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.
Brookstone Subdivision is designed in conformance with the comprehensive plan and consistent
with the requirements of Eagle City Code. Development of the property will generate increased
tax revenue to help offset the cost of supporting public services; and
b. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
The development is designed to complement the general vicinity and provide aesthetically
pleasing architecture to enhance the character of the area; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
Brookstone Subdivision is designed in a manner which is harmonious with existing residential
subdivisions located adjacent to the site. The proposed subdivision will provide pedestrian
interconnectivity to the adjacent subdivisions; and
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons,property or the general welfare by
reason of excessive production of traffic,noise, smoke, fumes,glare or odors.
The development is planned for residential, similar to the character of the surrounding area. It is
not anticipated that any uses or activities will be detrimental to the surrounding properties upon
completion of the site work. Brookstone Subdivision will be served by West Stonehart Avenue
(collector); and
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
All central services are either available to the site or will be as conditioned herein, as noted within
the letters provided by the agencies having jurisdiction over the site. Development of sewer,
water, drainage, streets, and other urban services will be provided at the developer's expense. The
tax revenue generated from the homeowners within the subdivision will offset additional costs to
public services that will serve this development. Ada County Highway District, Eagle Fire, and
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Eagle Sewer District, have reviewed the proposed development and indicate that capacity exists
to adequately serve this development; and
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time
of installation and before acceptance by the Eagle Sewer District, City of Eagle (water), and Ada
County Highway District; and
g. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
The development will contain a minimum of 48.8%of open space. A total of 23%of the common
area is considered to be active open space. The common lots will include ponds, a club house,
pool, dog park, and pathways; and
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
Access to the development will be provided from North Stonehart Avenue. The design and
construction of the roadways and entrances is regulated by the Ada County Highway District; and
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
The applicant will be required to mitigate for any trees located in proximity to the existing
dwelling; and
j. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development fits well with the comprehensive plan since the plan calls for Compact
Residential and the proposed density is at the low threshold of the density allowed; and
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
The applicant has requested approval of a development agreement in lieu of a PUD and
preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as will be
required to meet the conditions herein. In addition, the developer will be required to submit an
application for design review and comply with all Eagle City Codes and conditions of approval of
the design review; and
1. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
Residential is the only use approved for this development.
m. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space,recreation, maintenance, schools and solid waste collection.
The public services that would be provided to the development include the following:
Fire Protection
The development is located within the boundaries of the Eagle Fire District.
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Police Protection
The project will be served by the Eagle Police Department.
Water Service
The project is located within an area that is served by the City of Eagle Municipal Water System.
The water infrastructure will be constructed at the developer's expense.
Sewer
The property is located within the boundaries of the Eagle Sewer District. Prior to the developer
installing the required sewer infrastructure the developer will be required to comply with the
District requirements.
Road Construction
The construction of all roads within the development will be completed by the developer. The
internal streets will be private and maintained by the homeowner's association.
Open Space
The portion of the development will contain a minimum of 48.8% of passive and active open
space. The open space area will contain ponds, club house, pool, dog park, and pathways. The
project will also generate park impact fees to be utilized for the creation of additional parks or
add new equipment to existing parks within the City of Eagle.
Maintenance
The maintenance of any private open space areas and private alleys will be regulated by the
Brookstone Homeowner's Association. The roads, sewer, and water infrastructure will be
publicly owned and maintained by the respective agencies.
Schools
Brookstone Subdivision is located within the West Ada School District boundaries.
Solid Waste Collection
Solid waste collection is provided by Hardin Services through a contract with the City of Eagle.
n. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
The development will not create excessive additional requirements at public cost for public
facilities and services because the facilities and services will be constructed at the expense of the
developer as conditioned within the approval.
o. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
The estimated tax revenue generated to the City of Eagle from the development at build-out is
approximately$25,383/annually(with Homeowner's Exemption).
p. That suggested public (or private) means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. The developer provides the services in the initial stages of
development; therefore, the public service providers avoid potential liability and expenses.
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3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-19-22) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9(Subdivisions)because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document;
b. The subdivision will be served adequately by essential public facilities such as streets,police and
fire protection, schools, drainage structures,refuse disposal,water and sewer; or that the persons
or agencies responsible for the establishment of the proposed use shall be able to provide
adequately any such services, as noted in the documentation provided from said agencies and as
required as a part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of ACHD, Eagle Fire
District, and Eagle Sewer District as conditioned herein, there is adequate public financial
capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of approval as
set forth within the conditions of approval herein.
DATED this 21st day of February, 2023.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright. Chairm
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