Findings - PZ - 2023 - A-01-22/RZ-01-22 & PP-04-22 - Reining Horse Subdivision - Annexation and Rezone RUT [Rural-Urban Transition - Ada County Designation] to R-1-DA [Residential with a Dev Agreement] and Prelim Plat for Reining Horse Sub BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE FROM )
RUT [RURAL-URBAN TRANSITION—ADA )
ADA COUNTY DESIGNATION] TO R-1-DA )
[RESIDENTIAL WITH A DEVELOPMENT )
AGREEMENT] AND PRELMINARY PLAT FOR )
REINING HORSE SUBDIVISION FOR )
MARK T.BECKMAN )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
A-01-22/RZ-01-22& PP-04-22
The above-entitled annexation, rezone with a development agreement, and preliminary plat applications
came before the Eagle Planning and Zoning Commission for their recommendation on February 21,2023,
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:
Mark T. Beckman, represented by Shawn L. Nickel with SLN Planning, is requesting an
annexation, rezone from RUT (Rural-Urban Transition — Ada County designation) to R-1-DA
(Residential with a development agreement), and preliminary plat approvals for Reining Horse
Subdivision, an 8-lot (7-buildable, 1-common) residential subdivision. The 7.68-acre site is
located on the north side of West Floating Feather Road approximately 380-feet east of the
intersection of West Floating Feather Road and North Meridian Road at 3050 West Floating
Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 3050 West Floating Feather Road at 12:00 PM,on
Saturday,October 23,2021,in compliance with the application submittal requirement of Eagle
City Code. The applications for this item were received by the City of Eagle on December 16,
2021. Revised preliminary plats were received by the City of Eagle on April 26,2022,and again
on August 5,2022. A revised narrative was received by the City on October 31,2022.
C. NOTICE OF PUBLIC HEARING:
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 February 1, 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
February 1, 2023. The site was posted in accordance with the Eagle City Code on February 6,
2023. Requests for agencies' reviews were transmitted on January 26, 2022, in accordance with
the requirements of the Eagle City Code.
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:
The development agreement will allow the applicant the ability to annex/rezone this property
with a zoning designation(R-1-DA)that will provide for a single-family residential development,
while also providing the City with the ability to lock down the density, site layout and condition
any design and development standards that the applicant is requesting and that is allowed by
Code,including the waivers for sidewalk on one side of the proposed private street.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
ExistingLarge Lot RUT(Rural-Urban Transition—
g Single-Family Dwelling
Ada County designation)
Single-Family Residential
Proposed Large Lot R-1-DA(Residential with a Subdivision
development agreement)
(Reining Horse Subdivision)
Single Family Residential
North
Large Lot R-E-DA(Residential-Estates Subdivision
of Site with a development agreement)
(Castlerock Subdivision)
Southwest
Large Lot R-E(Residential-Estates) Single Family Dwellings
of Site
Single Family Residential
Southeast R-E-DA(Residential-Estates
Large Lot Subdivision
of Site with a development agreement)
(Pumpkin Patch Subdivision)
Single Family Residential
East R-E-DA(Residential-Estates Subdivision
of Site Large Lot with a development agreement)
(Canterbury Subdivision No. 1)
West RUT(Rural-Urban Transition—
of Site Large Lot Ada County designation) Single Family Dwelling
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA,CEDA,or DSDA.
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I. SITE DATA:
Total Acreage of Site—7.68 acres
Total Number of Lots—8
Residential—7
Commercial—0
Industrial—0
Common— 1 (Private Street)
Total Number of Units—
Single-family—7
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
ADDITIONAL SITE DATA PROPOSED REQUIRED
0.91-dwelling units per acre,
Dwelling Units Per Gross Acre 0.9 1-dwelling units per acre maximum(as limited within the
development agreement)
Minimum Lot Size 38,063 square feet 37,000 square feet
Minimum Lot Width 109-feet 70-feet
Minimum Street Frontage 63-feet 35-feet
Total Acreage of Common Area 1.27-acres 0-acres
(Private Street)
Percent of Site as Common Area 16.5% 0%
(Private Street)
J. GENERAL SITE DESIGN FEATURES:
Open Space,Green Belt Areas and Landscape Screening:
This subdivision will be zoned as R-1-DA (Residential). The R-1 (Residential) district does not
require a minimum amount of open space and other than the proposed parkway planter located
within Lot 1 between the sidewalk and back of curb no open space is proposed.
The subject property has approximately 50-feet (50') of frontage along West Floating Feather
Road which is comprised of a common lot that contains the private street, parkway planter strip,
and sidewalk.
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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 plat indicates that all rear lot lines will include a 10-foot-wide rear property line
easement and that all side lot lines contain a 5-foot-wide utility access easement. Eagle City Code
section 9-3-6 requires utility easements to be not less than 10 feet wide.
The subject property has overhead power that services the existing residence. Eagle City Code
section 9-5-3-8 requires all new service utilities to be placed underground.
Fire Hydrants and Water Mains:
The preliminary plat includes a total of three (3) fire hydrants along the proposed private road.
Fire hydrants are to be located and installed as required by the Eagle Fire District.
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System: The existing on septic system on site is proposed to be abandoned.
Pressurized Irrigation:
The development will contain a pressurized irrigation system which is supplied with water from
the Farmer's Union Ditch Company.
Preservation of Existing Natural Features:
The preliminary plat shows six (6) existing trees that are noted to be removed. The Tree
Mitigation Notes on Sheet L1.5 of the submitted landscape plans state that the six (6) trees
scheduled for removal are:
• Three(3) 15"caliper Russian Olives (Eleagnus angustifolia)
• One(1)36"caliper Weeping Willow(25%dead) (Salix babylonica)
• One(1)36"caliper Weeping Willow(50%dead) (Salix babylonica)
• One(1)42"caliper Weeping Willow(50%dead) (Salix babylonica)
Staff is not aware of any additional existing natural features on the site which would be required
to be preserved.
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KAPlanning Dept\Eagle App1ications\SUBS\2022\Reining Horse Sub\03-Working Files\03-Planning and Zoning\Reining Horse Sub PZ Findings.docx
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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:
Applicant's Justification for Private Streets (as provided by the applicant; received by the City on
October 31, 2022):
The property has one access and frontage point of 50' along W. Floating Feather Road. The
proposed private street is planned to be 24'paved surface with a 5' detached sidewalk on one side
with an 8-foot-wide planter strip and ribbon curbing with a drainage borrow ditch on the other
side. Section 9-4-1-6(F)l of the ECC allows a sidewalk exception for one side where the average
width of the proposed lots is over 100'. With the private street not providing frontage to the
majority of the buildable lots on both sides, the applicant believes that sidewalk on one-side of
the street is justified. A private street repair and maintenance agreement shall be included as part
of the recorded CC&R's for the development. Street trees will be provided along one side of the
street and in front of all buildable lots. Because of the proposed 24' roadway width, no parking
shall be permitted along one side of the private street. The applicant is proposing that the private
street length exceed the 750' maximum length requirement. Because there are no stub streets
coming into this property from other existing subdivisions, it is necessary to have a longer street
length in order to provide access to the entire subdivision as proposed. The Fire District has
approved the additional length and the applicant believes that approval would not negatively
affect the public health, safety or welfare within the community.
Regarding Section 9-3-2-5(A) 1-9 required Findings for Private Streets, the following is
addressed:
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.
The property being developed has only one access point and does not have the ability to
connect to adjacent subdivisions or parcels. A private street provides the best opportunity to
develop the property.
2. Safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking
are provided.
The private street is designed with consideration for both vehicular and pedestrian movement,
including sidewalk on one side of the street with limits on parking.
3. Adequate access for service and emergency vehicles is provided.
The Eagle Fire District has reviewed the proposed access and emergency turn-around and has
provided an approval letter. The street will be properly signed, including no parking.
4. Access and good transportation planning to adjacent property and to the area travel
networks is not adversely affected.
Approval of the private street will not adversely affect adjacent property.No stub streets were
provided to the subject property to provide cross connection with other neighborhoods.
5. Adjacent property will not be landlocked by the site layout.
Properties adjacent to the proposed property will not be landlocked because of the proposed
private street.
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KAPlanoing Dept\Eagle Applications\SUBS\2022\Reining Horse Sub\03-Working Files\03-Planing and Zoning\Reining Horse Sub PZ Findings.docx
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.
The proposed private street does not connect one public street to another.
7. The use or alignment of the private streets or alleys do not interfere with the continuity of
public streets.
The proposed private street is aligned to Colony Cove Street to the south on Floating Feather
Road.
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.
Appropriate mechanisms for repair and maintenance, including future funding will be
established in the recorded CC&R's.
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.
A development agreement, in leu of a PUD will provide the ability to approve the private
street proposed for this development.
Blocks Less Than 500': None proposed.
Cul-de-sac Design:
The proposed subdivision includes a +/-1,160-foot long private road with a cul-de-sac at its
terminus with a proposed turnaround radius of 50-feet (50') wide. The proposed cul-de-sac does
not currently include the required ten-foot(10')wide required center planting island.
Sidewalks:
The submitted preliminary plat shows detached 4-foot-wide concrete sidewalks are proposed
(separated by a 5-foot-wide curb adjacent landscape strip) on one side of the street. The 4-foot-
wide sidewalks are located outside of the 38-foot-wide Right of Way.
The subject property includes an existing 5-foot-wide sidewalk along the northerly side of West
Floating Feather Road that is to remain.
Curbs and Gutters:
The proposed private street has been designed to utilize concrete ribbon curbs that are designed to
be flush with the asphaltic paving on both sides of the private street.
Lighting:
The preliminary plat includes a total of four(4)streetlights along the proposed private road.
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.
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Street Names:
The preliminary plat does not include a street name. 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:
Except for the proposed sidewalk shown on sheet PP 1.2, there are no other pedestrian walkways
proposed for the subject property.
M. PUBLIC USES PROPOSED:None.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—no
Evidence of Erosion— no
Fish Habitat— no
Floodplain—no
Mature Trees—Mature trees existing to the south of the existing residence within Lot 2.
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—none known to date
Unique Plant Life—none known to date
Unstable Soils—none known to date
Wildlife Habitat—none known to date
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required.
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments,which appear to be of special concern,are noted below:
City Engineer: All comments within the Engineer's letter dated October 11, 2022, are of special
concern(see attached).
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
New Dry Creek Ditch Company
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S. LETTERS FROM THE PUBLIC (Attached to the staff report):
• Email correspondence from Jeff Gilbertson,received by the City on October 26, 2022 (which
includes a copy of correspondence Mr. Gilbertson sent to the applicant on April 4, 2021,
regarding the proposed subdivision).
• A letter from Steve Cutter,date stamped by the City on October 31,2022.
• Email correspondence from Wes Jones,received by the City on October 31,2022.
• A letter from Jeff Gilbertson,date stamped by the City on February 9,2023.
• Email correspondence from Greg and Kelly Haskell, received by the City on February 10,
2023.
• A letter from Jerry Sullivan,date stamped by the City on February 13,2023.
• A letter from the Canterbury HOA, signed by Nicole Cromwell, Dennis Kuntz, and Mike
Lewis,date stamped by the City on February 14, 2023.
• A letter from Brian and Eileen Von Herbulis,date stamped by the City on February 14,2023.
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:
CHAPTER 6: LAND USE
Figure 6.7: Land Use Designations
The Comprehensive Plan Land Use Map (adopted November 15, 2017),designates this site as the
following:
Large Lot Residential
Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1
unit per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities
higher than 1 unit per 2 acres. Once space and parks in this area will be generally limited. Land
uses in this category tend to appear as suburban large lot and generally less agrarian than the
Estate Residential and Agricultural/Rural designations.
Figure 6.8: Zoning Compatibility Matrix
ZONING COMPATABILITY MATRIX
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6.4.3 General Land Use Implementation Strategies
X. Require design treatments to provide compatibility of new development with existing
development by considering such issues as transitional lot sizing, building
orientation, increased setbacks, height limitations, size restrictions, design
requirements, fencing, landscaping or other methods as determined through the
development review process.
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
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 wetl(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., R-4-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
—- — Maximum Minimum
Zoning Maximum '~ ^ Interior Street Lot Minimum Lot
District Height Front Rear Side Side Covered Lot Area Width
R-E 35' 30' 30' 15' 30' 35% 37,000 100'
square
feet
c. Additional 5 feet per story side setback is required for multi-story structures. Height not to
exceed maximum allowed within the zone.
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• Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots:
4.Major Roadways:
b. Any road designated as a minor arterial on the master street map typologies map 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(Y)horizontal distance to one foot (F)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 8-2A-7(M): Parkway Strips, Separated Sidewalks,And Street Trees:
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA
sidewalks shall be separated from the curb along all streets. An eight foot (8') wide
minimum parkway planter strip planted with shade class (class II) trees shall be required
between the sidewalk and street to provide a canopy effect over streets.
• Eagle City Code Section 8-2A-7(0): Alternative Methods Of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance
is a procedure that allows certain modifications to existing regulations within this section.
Requests for use of alternative landscaping schemes are justified only when one or more
of the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than can
be provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city
with a written request if an alternative method of compliance is proposed. The request
shall state which requirement as set forth within this section is to be modified, what
project conditions stated within subsection 01 of this section justify using the
proposed alternative, and how the proposed alternative equals or exceeds said
requirement.
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• Eagle City Code Section 8-3-3(G): Transitional Lot Sizing:
When development is planned with residential lots that directly abut existing residential lots
that the Council finds are not likely to be re-subdivided based upon the Comprehensive Plan
and other evidence provided as part of any application, a transition shall be provided to ensure
lot compatibility. Transitions shall take into consideration site constraints that may exist.
Examples of transition options, subject to City approval, include development of similar lot
sizes along the boundary, clustering of the new lots in order to provide open space directly
abutting the existing lots, including setbacks for the new lots similar to the lots directly
abutting, or other elements in the site design and building design that the city finds will soften
the impact and create a compatible transition. (Ord. 298, 10-14-1997; amd. Ord. 405, 1-23-
2002; Ord. 756, 9-12-2016; Ord. 820, 12-10-2019; Ord. 827, 10-22-2020; Ord. 858, 10-26-
2021
C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-3-2-1 —Streets and Alleys—Location and Design:
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet
(750') in length and shall terminate with an adequate circular turnaround having a
minimum radius of fifty feet (50) of right of way including a landscape island with a
minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be
provided between the landscape island and the outside edge of the street as measured
from the face of curb of the island to the face of curb located on the outside edge of the
street. One traffic control sign stating that on street parking is prohibited within the
turnaround shall be installed at the entrance of the turnaround on the driver's side of the
street. The following exceptions may be considered by the council:
1. In zoning districts which prohibit densities greater than one dwelling unit per two
(2) acres, cul-de-sac streets up to a maximum of one thousand five hundred feet
(1,500') in length may be permitted by the city if approved by the fire department
and the highway district having jurisdiction. No more than twenty (20) dwelling
units shall be permitted on said cul-de-sac.
• Eagle City Code Section 9-3-2-4—Streets Names:
The naming of streets shall conform to the following standards:
A. A street name shall not duplicate any existing street name within the county except
where a new street is a continuation of an existing street. Street names that may be
spelled differently but sound the same as existing street names shall not be used.
B. All new streets shall be named as follows:
1. Streets having a predominately north-south direction shall be named "avenue",
except for section line streets which shall be named"road".
2. Streets having a predominately east-west direction shall be named "street",
except for section line streets which shall be named"road".
3. Meandering streets having a predominately north-south direction shall be named
It
waytt
4. Meandering streets having a predominately east-west direction shall be named
"drive".
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5. Cul-de-sacs having a predominately north-south direction shall be named
"place".
6. Cul-de-sacs having a predominately east-west direction shall be named "court".
(Ord. 566, 5-15-2007)
• Eagle City Code Section 9-3-5 (B)-Lots shall conform to the following standards:
Future Arrangements:Where parcels of land are subdivided into unusually large lots(such as
when large lots are approved for septic tanks),the parcels shall be divided,where feasible, so
as to allow for future re-subdividing into smaller parcels. Lot arrangements shall allow for
the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such
future subdividing or lot splitting is contemplated,the plan thereof shall be approved by the
City Council prior to taking of such action.
• 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 no more than ten percent(10%) of the
lots within a planned unit development 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.
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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 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.
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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 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 CI 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.
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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 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner
lots shall be an open fencing style such as wrought iron or other similar decorative style,
durable fencing material,unless the fence is located on the property line between the required
roadway buffer area and the residential lot,in which case the fence may be a solid wood
picture frame or premium vinyl picture frame fence as identified in the EASD book. If the
buffer area is designed so that the fence is visible from the adjacent roadway,then the fence
shall include decorative columns spaced a maximum of sixty feet(60')apart. Specific buffer
area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J
of this code. Chain link, cedar,and similar high maintenance and/or unsightly fencing shall
not be permitted within the above designated areas. A section within the subdivision CC&Rs
shall be created for the regulation of fences to this effect.
• Eagle City Code Section 9-4-1-6: Pedestrian Bicycle Pathway and Sidewalk Regulations:
F. Sidewalk Design:
1. Sidewalks, a minimum five feet (5) wide, shall be required on both sides of the
street; except, that where the average width of lots, as measured at the street
frontage line or at the building setback line, is over one hundred feet (100'),
sidewalks on only one side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with
the standards and specifications of the Ada County Highway District.
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required. (Ord. 566, 5-15-2007)
D. DISCUSSION:
• The applicant is proposing the use of a private street to serve all seven (7) buildable lots.
Pursuant to Eagle City Code Section 9-3-2-5(A), private streets may provide access to no
more than 10-percent (10%) of the lots within a planned unit development provided the
Council determines that the private streets are in compliance with specific standards. Those
standards include safe and effective movement of both vehicular and pedestrian traffic,
sidewalks, and parking;private streets do not adversely affect access to adjacent property and
to the area travel networks; private streets do not land lock adjacent property; the private
streets do not connect one public street to another, and the alignment of the private streets
does not interfere with the continuity of public streets. Staff defers to the Council regarding
the approval of this request. Additionally, Eagle City Code Section 9-3-2-5(E) states that the
Council may waive or modify any of the standards or requirements of the section (ECC 9-3-
2-5) 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 development; provided,
however, that any such waiver shall not be injurious to public health or safety. The applicant
is requesting a waiver of Eagle City Code Section 9-3-2-5(A) to permit the private street to
serve 100%of the lots within the subdivision and to not require a PUD.
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• The applicant is proposing a private street with a four-foot (4') wide sidewalk adjacent to a
five-foot (5') wide parkway planter strip that is proposed to connect to the existing sidewalk
along West Floating Feather Road at the west side of the private street and continue along the
north side of the private road and terminate at Lot 5. Eagle City Code Section 9-4-1-6 states,
in part, that"Sidewalks, a minimum five feet(5')wide, shall be required on both sides of the
street; except, that where the average width of lots, as measured at the street frontage line or
at the building setback line, is over one hundred feet(100% sidewalks on only one side of the
street may be allowed." Eagle City Code Section 8-2A-7(M)(1) states, in part, that, "an eight
foot(8')wide minimum parkway planter strip planted with shade class(class II)trees shall be
required between the sidewalk and street to provide a canopy effect over streets."
Unless the City Council approves the proposed design of the sidewalk and adjacent parkway
planter strip (or an approved alternative), the applicant should submit a revised preliminary
plat with a sidewalk and parkway planter strip that meets the requirements of Eagle City
Code prior to the submittal of a final plat application.
• The applicant is proposing to implement one-foot(1')wide flush concrete ribbon curbs along
the entire length of the 26-foot-wide (26')private street(measured from back of curb to back
of curb). Pursuant to Eagle City Code Section 9-3-2-5(B)(2), private streets that are less than
thirty-four feet(34') in width require vertical curbing. The applicant is requesting a waiver of
this section. If the City Council approves the requested waiver to allow the use of the private
street as designed, then the ribbon curbing may be used in lieu of vertical curbing. If the
Council does not approve this waiver request to allow the use of a private street, then the
applicant should submit a revised preliminary plat that either includes a private street that is a
minimum of thirty-four feet(34')wide or revises the flush ribbon curb to be vertical curbing.
• The applicant is proposing to implement one-foot(l')wide flush concrete ribbon curbs along
the entire length of the 26-foot-wide (26'W) private street (measured from back of curb to
back of curb) to allow for the use of the proposed stormwater swale system. If the City
Council approves the use of a private street, then the applicant should submit the necessary
plans and calculations demonstrating that the proposed swale system provides sufficient
stormwater capture to ensure adjacent properties are not subject to stormwater run-off. The
applicant should submit plans and calculations with the final plat application for review and
approval by the City Engineer prior to approval of the final plat.
• The subdivision, as designed, is proposed to include a private street with cul-de-sac that is
approximately 1,160-feet in length. Eagle City Code Section 9-3-2-1(G) limits the total
length of a cul-de-sac street to 750-feet. However, City Council maintains the ability to
waive or modify any of the standards or requirements of the private street section of code
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. If the City Council approves the use of a private street, then the applicant should
obtain approval of the 1,160-foot-long cul-de-sac street by Eagle Fire Department prior to the
submittal of the final plat application.
• The proposed cul-de-sac street does not include the required landscape island (minimum 10-
feet (10') radius), pursuant to Eagle City Code section 9-3-2-l(G). Prior to the submittal of
the final plat application, the applicant should provide a revised the preliminary plat that
includes the landscape island while ensuring that the cul-de-sac maintains the required
minimum radius of fifty-feet(50')with forty-feet(40')of paving.
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• The proposed private street was not submitted with a street name. Prior to the submittal of the
final plat application, the applicant should submit a revised preliminary plat and
documentation of approval of the proposed street name from Ada County.
• West Floating Feather Road is considered a minor arterial,per the street typology map in the
Eagle is HOME Comprehensive Plan, which requires a fifty-foot (50') landscaped buffer,
pursuant to Eagle City Code Section 8-2A-7(J)(4)(b). The subject property, as submitted, is
designed with a common lot that contains a private street, sidewalk, and landscaped turf area
within the right of way, however, the requirements of this specific code section are not met.
8-2A-7(J)(4)(b) states, "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 (F) 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."
The applicant should submit a revised landscape plan that includes the requirements stated
above within the private street common lot right of way. If the applicant is not able to comply
with the requirements of this code section because of the limited street frontage along West
Floating Feather Road, the applicant should submit for an alternative method of compliance
to be reviewed by the Design Review Board prior to the submittal of a final plat application.
• The applicant should provide connection to central water service for the individual lots to
prior to the City Clerk signing the final plat.
• The subject property currently contains a single-family residential lot which includes a
residence, stables and accessory structure (shop). The proposed plat shows that the stables
and accessory structure (shop) are to be removed to allow for future development. The
applicant should provide a letter stating that the existing stables and accessory structure
(shop) have been removed from the site and that the septic system and well have been
abandoned prior to the City Clerk signing the final plat.
• To allow for the future installation of municipal fiber-optic cable, the applicant should be
required to install two (2) one inch and a quarter (1 1/4") fiber-optic conduit lines along both
sides of all public streets. Upon completion of the installation of the municipal fiber-optic
conduit lines, the applicant should 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 should be dedicated to the City prior to
the City Clerk signing the final plat.
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• Eagle City Code Section 8-3-3(G) states, "When development is planned with residential lots
that directly abut existing residential lots that the Council finds are not likely to be re-
subdivided based upon the Comprehensive Plan and other evidence provided as part of any
application, a transition shall be provided to ensure lot compatibility. Transitions shall take
into consideration site constraints that may exist.
Examples of transition options, subject to City approval, include development of similar lot
sizes along the boundary, clustering of the new lots in order to provide open space directly
abutting the existing lots, including setbacks for the new lots similar to the lots directly
abutting, or other elements in the site design and building design that the city finds will soften
the impact and create a compatible transition."
The City Council is to determine if the proposed subdivision, as proposed, complies with
ECC Section 8-3-3(G). If the City Council determines that the proposed subdivision does not
meet the intent of the code then the applicant should submit a revised preliminary plat that
provides transitional lot sizing, as directed by the Council, for City Council approval prior to
the submittal of a design review application.
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• The submitted pressurized irrigation report (dated October 22, 2021) states that the applicant
will be requesting a redistribution of the irrigation water schedule to the development in order
to receive a continuous flow of irrigation water. (The irrigation current schedule allows the
subject property, who is an end of the line user of the irrigation lateral, to flood irrigate the
7.68-acre site for 23.2 hours every on alternating weekends on a 14-day rotation.) Depending
on how the post-development irrigation schedule is developed, the applicant may be required
to install a pump station (if continuous flow is provided) and potentially a pump station with
an irrigation storage pond (if non-continuous use is continued and water requires a place to
store prior to use within the development). If a pump house is required to service the
subdivision, the pump station should be located within a 12-foot-wide (12') easement,
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pursuant to Eagle City Code 9-2-3(C)(3)(n) and the City's Pressurized Irrigation Standards. If
an irrigation storage pond is required to service the subdivision, the storage should be located
within a 30-foot-wide (30') easement and be constructed pursuant to Eagle City Code 9-2-
3(C)(3)(n)and the City's Pressurized Irrigation Standards.
• These applications were previously brought before the Planning & Zoning Commission for a
public hearing on November 7, 2022, at which time the Commission made a motion
recommending approval of the application with an added condition directing the applicant to
remove one(1)buildable lot from the proposed plat.
• These applications are being heard by the Commission for a new public hearing due to city
staff discovering that the initial public hearing was improperly noticed. Eagle City Code
Section 8-7-8 requires that landowners within 1,500-feet of the external boundary of the
property site (for the RUT zone) are noticed via mail at least fifteen (15) days prior to the
date of the hearing. 1,500-feet from the perimeter of the subject property includes 183
adjacent land owners who were required to be noticed; at the time of the initial noticing,
mailing labels for only 86 adjacent land owners were provided by the applicant. The applicant
has submitted a notarized affidavit stating that the original neighborhood meeting was
properly noticed and held per the requirements of Eagle City code.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
February 21, 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's representative).
C. Oral testimony in opposition to the applications was presented to the Planning and Zoning
Commission by six(6)individuals who expressed concerns regarding the following:
• The adjacent residential lots that abut the subject property are, on average, approximately two (2)
acres in size. The subject property, as proposed, contains residential lots that are, on average, less
than one(1)acre in size. The overall density and proposed alignment of lot lines are not similar to
the adjacent properties.
• As a property owner whose property abuts the proposed Reining Horse Subdivision, that having
two(2)lots abut his one(1) lot is not an appropriate transition.
• The irrigation schedule and the design of the pressurized irrigation system that will serve the
proposed subdivision has not been fully disclosed which has created an uncertainty in regards to
the potential impacts to adjacent neighbors and others who receive irrigation water from the
lateral that serves the proposed subdivision.
• There has been no clarity provided by the applicant in how the irrigation system will transition
from the currently utilized flood irrigation system to a pressurized irrigation system that would
provide a continuous flow of irrigation water to the property without impacting the schedules
and/or existing infrastructure of other users of the irrigation lateral.
• The applicant has not been communicative with adjacent property owners on how the proposed
pressurized irrigation system is intended to work.
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D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning
and Zoning Commission by five(5) individuals who stated the following:
• The existing irrigation water distribution boxes within the adjacent Canterbury HOA were
designed 25 years ago and were not designed to allow for continuous flow and that the HOA does
not currently have any interest in allowing anyone to connect to the existing irrigation
infrastructure within their property.
• As a long time neighbor who has previously been granted access across the subject property in
order to navigate farm equipment on and off his property at 3100 W Floating Feather Road, he
would like to request an access easement to allow him to continue to do so even if the subject
property is developed with a private street.
• The Commission should consider the overarching visions of the Eagle Comprehensive Plan when
determining if the subject property, as designed, aligns with the goals of the Comprehensive Plan,
specifically related to lot sizes and transitional lot sizing.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission entered into deliberation prior to making a
recommendation. A video of their deliberation can be found at the following link beginning at 1:35:25
Granicus Time: https://ea Ig e id.granicus.comZplayer/clip/1692?meta id=78866
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
The Commission voted 3 to 0 (McLaughlin and Guerber absent) to recommend approval of A-01-22 and
RZ-01-22 for a rezone from RUT (Rural-Urban Transition) to R-1-DA (Residential with a development
agreement) with the following staff recommended conditions to be placed within a development
agreement with underline text added by the Commission and strike thru text deleted by the Commission:
3.1 The maximum gross density for the Property shall be 0.91 .78 dwelling units per acre(q6 single-
family lots).
3.2 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.
3.3 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant 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.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) A maintenance manual for the private street requiring the association(s) shall have the duty
to maintain and operate the private street and sidewalk including the repair and replacement
of asphalt and concrete, including provisions for snow removal of the road, and the planting
and maintenance of the landscaped planter island within the cul-de-sac,in perpetuity.
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(b) A maintenance manual for the borrow ditch requiring that the association shall have the duty
to maintain the borrow ditch, including the maintenance and replacement of landscape
material or groundcover material, removal of refuse, and any other maintenance required to
ensure that the borrow ditch functions as designed for the purpose of capturing stormwater,
in perpetuity.
(c) A maintenance manual for the streetlight(s)requiring that the association shall have the duty
to maintain and operate the light fixtures including the repair and replacement of the fixture,
any associated electrical supply,and light bulbs, in perpetuity.
(d) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules,regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule,regulation,law or ordinance.
3.5 The owner shall provide documentation that the existing well and septic system that serve the
existing residence have been abandoned and that the subject property, including the existing
house, are connected to central water and sewer services prior to the City Clerk signing the final
plat.
3.6 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal
of a final plat application. Owner shall comply with all applicable Eagle Sewer District's
regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any
building permits, Owner shall provide proof of central sewer service to the proposed residential
use.
3.7 The owner shall abandon the existing septic system and annex into the Eagle Sewer district and
connect the subject property to sanitary sewer service prior to the City Clerk signing the final plat.
3.8 The applicant shall work with the City to establish a Conservation and Education Program (CEP)
Funding Plan associated with the Reining Horse Subdivision Covenants, Conditions, and
Restrictions prior to the City Clerk signing the first final plat.
3.9 To allow for the future installation of municipal fiber-optic cable,the applicant shall be required to
install two(2)one inch and a quarter(1 %4")fiber-optic conduit lines along both sides of all public
streets. 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.
3.10 The applicant shall provide a letter stating that the existing stables and accessory structure (shop)
located on the proposed Lot 2, Block 1, have been removed from the site prior to the City Clerk
signing the final plat.
3.11 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.
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COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0(McLaughlin and Guerber absent) to recommend approval of PP-04-22 for
a preliminary plat for Reining Horse Subdivision 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-01-22.
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. (ECC 9-2-3 [C] [3] [1])
4. if City Couneil detefmines that the pr-opesed subdivision does not meet the intent of the Eagle
Ca Code seetio. 8 3 3 (G) ~e _dingtr-aiisitional Ls sizing, theme tThe applicant shall submit a
revised preliminary plat that provides transitional lot sizing, as (:Fe ted by the retm :', by
reducing the total number of buildable lots from seven (77) to a maximum of six (6) €emsCity
Eetmei1-appFeal prior to the submittal of a design review application. (ECC 8-3 [G])
5. The applicant shall submit a revised preliminary plat showing a five-foot(5')wide sidewalk with
an eight-foot (8')parkway planter strip where sidewalk is proposed along one side of the private
street prior to the submittal of a final plat application. (ECC 9-4-1-7)
6. The applicant shall submit a revised preliminary plat showing a ten-foot (10') wide pedestrian
access easement over each lot where the proposed sidewalk is located prior to the submittal of a
final plat application.
7. The applicant shall submit a revised preliminary plat showing a ten-foot (10') radius landscape
island within the proposed cul-de-sac prior to the submittal of a final plat application.
(ECC 9-3-2-1 [G])
8. The applicant shall submit a revised preliminary plat identifying the approved name of the
proposed private street prior to the submittal of a final plat application. (ECC 9-3-2-4)
9. if the Geuneil does net appr-eve the private stfeet as pr-epesed,the applioant shall submit a Fevis
preliminary plat that either- ineludes a prrivate stf:eet that is a minin-mm of thiFty feuf feet (34') in
width or- thin has vei4ieal eufbiag to the submittal of —A -fin-al pla4—appheation.
10. if the Couneil doer,not approve the pr-ivate stmet as pr-opesed,the appheant shall submit a mvis
750 feet(750')prier-to the-s4fnittal of a€inal plat appheatie . (EGG n 3 2 5 [B] r2i i. if the Getmeil does fiet approve the private stfeet as proposed,the applieant shall submit a Fevis
shall design the street aetwerrk within the subdivisien so that private stfeets de not serve more
than 1094,.fthe lots within 4i.e subdiyisie p ..to the subfnWal e f a final plat., ...he ion
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12. The applicant shall submit Design Review and Alternative Method of Compliance applications
for the required landscape/screening buffers adjacent to West Floating Feather Road,the parkway
planter strip landscape improvements, and the pump house. The design review application shall
be reviewed by the Design Review Board and City Council prior to the submittal of the final plat
application. If the Alternative Method of Compliance is not approved,the applicant shall submit a
design review application with a buffer area that complies with Eagle City Code Section
8-2A-7(J).
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(8')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. All living trees shall be preserved unless otherwise determined by the Design Review Board. A
detailed landscape plan showing how the trees will be integrated into the open space areas (unless
approved for removal the Design Review Board) shall be provided for Design Review Board
approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to
the Design Review Board's direction) to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
15. 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. (ECC
9-4-1-2)
16. Any fencing located adjacent to common area open spaces and on the street side of all comer 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).
17. The Reining Horse Subdivision shall remain under the control of one Homeowners Association.
(ECC 9-3-8[D][4])
18. 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.
19. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][1])
20. If a pump house is required to service the subdivision, the applicant shall locate the pump station
on a common lot or within an irri ag tion easement at the time of final plat
submittal. If an irrigation storage pond is required to service the subdivision, the applicant shall
locate the irrigation storage pond on a common lot or within a 15-foot-wide (15'W) easement at
the time of final plat submittal. The pump station, irrigation storage pond, and the associated
easements, shall be developed and constructed pursuant to Eagle City Code Section
9-2-3(C)(3)(n)and the City's Pressurized Irrigation Standards.
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21. The applicant shall submit the proposed construction drawings of the pressurized irrigation
system for the Reining Horse Subdivision to the entity with jurisdiction over Lateral 75 for their
opportunity to review and comment. A notarized affidavit stating that the submitted construction
drawings including any reports plans or drawings needed to demonstrate that the applicant has
designed a comprehensive pressurized irrigation system that provides irrigation water to the
Reining Horse Subdivision in such a way that it is not detrimental to the schedule availability or
infrastructure of other irrigation users on the lateral has been submitted to the entity with
jurisdiction over Lateral 75 shall be submitted at the time of the submittal of a final plat
application to the City.
22. The applicant shall submit a revised preliminaryy plat that contains a 12-foot (12') wide access
easement from the private street that serves the Reining Horse Subdivision to the residential
property located to the northwest of the subject property at 3100 W Floating Feather Road in
perpetuity, for the purpose of allowing the ingress and egress of farm equipment The applicant
shall submit a revised preliminary plat that includes the access easement at the time of the
submittal of a final plat application. The easement shall be transferred to the final plat at the time
of final plat application.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs,gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to
the platted property. The developer may submit a letter in lieu of plans explaining why plans may
not be necessary.
4. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the fmal 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.
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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
surety 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, subdivider, business owner, homeowner,
or homeowner's/business owner's association,whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by
the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
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15. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements,and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
C. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and
shall be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the
storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or
other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing
the final plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any
other area designated by the City Council or the Eagle Parks, Pathways, and Recreation
Commission for a path or walkway shall be approved in writing by the Eagle City Parks,
Pathways,and Recreation Commission prior to approval of the final plat by the City Council.
21. Conservation,recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the
City Council.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
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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 final
plat.
27. Basements in homes in the floodplain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall
be complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
30. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions"until the final plat has received the approval of the
City Council(ECC 9-6-5 (A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the 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.
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.
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34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off
leash.
37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment
over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy
truck traffic routes shall maximize use of highways and major arterials while minimizing use of
smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all
sub-contractors and for monitoring compliance.
38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a"Notice to Proceed"with construction letter.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-01-22/RZ-01-22) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of R-1-DA (Residential with a development agreement) is
consistent with the Large Lot 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 zone;
c. The proposed R-1-DA (Residential with a development agreement) zoning district is compatible
with the R-E-DA (Residential-Estates with a development agreement) zone and land use to the
north since the proposed lot lines are generally in alignment with the existing lots;
d. The proposed R-1-DA (Residential with a development agreement) zoning district is compatible
with the R-E-DA (Residential-Estates with a development agreement) and R-E (Residential-
Estates) zones and land uses to the south since the two (2) the existing adjacent lots to the west
are adjacent to the private street which creates a buffer from the adjacent buildable lots and the
two(2)existing lots to the east share a lot line with only one(1)proposed lot;
e. The proposed R-1-DA (Residential with a development agreement) zoning district is compatible
with the R-E (Residential-Estates) zone and land use to the east since the Commission
recommended the applicant remove one (1) buildable lot to in order to more closely align the
proposed lot lines to those of the adjacent residential lots;
f. The proposed R-1-DA (Residential with a development agreement)) zoning district is compatible
with the RUT (Rural-Urban Transition—Ada County designation) zone and land use to the west
because the proposed private street provides a buffer and no buildable lots abut the existing
residential lots to the west;
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g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. The proposed use as conditioned within the development agreement will not create a non-
conforming use with the R-1-DA zone.
2. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-04-22) 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 and the proposed residential use is in
accordance with the residential land use designation of this area shown within the
Comprehensive Plan;
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 the Eagle Fire District,
Eagle Sewer District, and City of Eagle Water 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.
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:
West Floating Feather Road borders the southern property line and will provide the only
access into the development. The private street will provide access to all residential lots
within the development and include flush ribbon curbs that allow for the inclusion of a
borrow ditch to be included adjacent to one side of the paved street;
The private street within the subdivision will provide safe and effective movement of both
vehicular and pedestrian traffic because of the following:
The proposed private street is designed to a width of 26-feet and will have restricted parking
along the entire length of one side of the street;
2. The private street provides adequate access for service and emergency vehicles:
The proposed private street is designed to a width of 26-feet which is adequate for
emergency and waste collection services. The proposed cul-de-sac at the terminus of the
private street is conditioned to meet the standards of Eagle City Code and will require
separate Eagle Fire Department approval;
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3. The private street within the subdivision does not adversely affect access to adjacent
properties:
The existing adjacent residential subdivisions do not provide any existing stub street
locations and the proposed private street within the subject property does not contain any
future stub streets. The property only provides access to and from West Floating Feather
Road to the south. Neither the Conceptual Future Roadway Network Map within he Eagle is
HOME Comprehensive Plan nor the Ada County Highway District Master Street Map
delineate a public street at this location;
4. The private streets will not landlock adjacent property due to topography or parcel layout:
The private street will not landlock any properties since the adjoining developments have
public streets or common drives that provide access directly to West Floating Feather Road;
5. 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:
The proposed private street originates at a public street, West Floating Feather Road, and
terminates to the north in a cul-de-sac which directs traffic back to West Floating Feather
Road. There are no secondary connections to public streets and since the development has
only six (6) single-family lots (as recommended by the Commission), the fire department
will not require a secondary access;
6. The use or alignment of the private street within the subdivision do not interfere with the
continuity of public streets:
The proposed private street does not interfere with continuity of public streets since public
streets surround the site and there is no ability to connect the existing streets within the area;
and
7. An appropriate mechanism will be established for the repair and maintenance of the private
street,including provisions for the funding thereof-
The applicant will provide provisions within the CC&Rs for street maintenance and snow
removal. A funding mechanism will be specified within the CC&Rs to pay for future
maintenance and repair.
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KAPlanning DeptTagle ApplicationASUBS\2022\Reining Horse Sub\03-Working Files\03-Planning and Zoning\Reining Horse Sub PZ Findings.docx
DATED this 6th day of March,2023.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright,Chai n
A EST:
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O:• �ATF% �':
racy E. O agle City Clerf
U o •�
''•. STATE� .•`.
'Poll
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