Findings - CC - 2023 - A-02-22/RZ-02-22/PPUD-01-22/PP-07-22 - Annexation and Rezone from RUT to A-R-DA Preliminary Development Plan, Conditional Use Permit, and Prelimiary Plat for Rocking A Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT(RURAL-URBAN TRANSITION- )
ADA COUNTY DESIGNATION)TO )
A-R-DA(AGRICULTURAL-RESIDENTIAL WITH)
A DEVELOPMENT AGREEMENT) )
PRELIMINARY DEVELOPMENT PLAN, )
CONDITIONAL USE PERMIT,AND )
PRELIMINARY PLAT FOR ROCKING A )
SUBDIVISION FOR ALSCOTT REAL )
ESTATE LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-02-22/RZ-02-22/CU-02-22/PPUD-01-22/PP-07-22
The above-entitled annexation, rezone with a development agreement, and preliminary plat applications
came before the Eagle City Council for their action on March 14, 2023, at which time public testimony
was taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and
written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Brian Scott — Alscott Real Estate is requesting an annexation, rezone from RUT (Rural Urban
Transition—Ada County designation)to A-R-DA-P(Agricultural-Residential with a development
agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat
approvals for Rocking A Ranch Subdivision, a 39-lot (34-buildable, 5-common) residential
planned unit development. The 171.9-acre site is located on the east side of North Eagle Road,
approximately 1,300 feet north of East Beacon Light Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 3000 N. Eagle Rd. (Storey Tails LLC—Once Upon a Horse
Farm) at 6:00 PM, on Tuesday, October 26, 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 February 2,2022.
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 January 20, 2023. Notice of this public hearing was mailed to property owners in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
January 20, 2023. The site was posted in accordance with the Eagle City Code on January 24,
2023. Requests for agencies' reviews were transmitted on February 25, 2022, in accordance with
the requirements of the Eagle City Code.
Notice of Public Hearing on the applications for the Eagle City Council was published in
accordance with the requirements of Title 67,Chapter 65,Idaho Code and the Eagle City Code on
February 24, 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 24,
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2023. The site was posted in accordance with the Eagle City Code on March 1, 2023.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/A
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Agriculture/Rural RUT(Rural-Urban Agricultural
Transition—Ada County
designation)
Proposed No Change A-R-DA-P(Agricultural- Single-Family Residential
Residential with a Planned Unit Development
development agreement—
PUD
North of site Agriculture/Rural RUT(Rural-Urban Undeveloped foothills
Transition—Ada County
designation)
South of site Agriculture/Rural RUT(Rural-Urban Equestrian and Single Family
Transition—Ada County Residential(Cedith Estates
designation)and R1(Ada Subdivision)
County Designation)
East of site Agriculture/Rural RUT(Rural-Urban Single Family Residential and
Transition—Ada County Agricultural
designation)
West of site Agriculture/Rural RUT(Rural-Urban Single Family Residential
Transition—Ada County
designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site— 171.9 acres
Total Number of Lots—39
Residential—34
Commercial—0
Industrial— 0
Common—5
Total Number of Units—34
Single-family-34
Multi-family—0
Commercial—0
Total Acreage of Any Out-Parcels—0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 0.19 Dwelling Units/Acre 0.2 Dwelling Units/Acre
(maximum)
Minimum Lot Size 2.5 acres* 4.7 acres
Minimum Lot Width 100 feet 100 feet
Minimum Street Frontage 66.7 feet 35 feet
Total Acreage of Common Area 43.33 acres 34.37 acres
Open Space
Percent of Site as Common Area 25% 20%
Open Space Except that,according to ECC
Section 9-3-8(C)the City may
require additional public and/or
private park or open space
facilities in PUDs
*A reduction in minimum lot sizes may be permitted within a Planned Unit Development with an
offsetting increase in open space.
GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing 100 foot (100') wide common lot and buffer area along their Eagle
Road frontage, which is in excess of the requirements of Eagle City Code 8-2-A-7(J). The
applicant's buffer section provides a 10-foot wide detached concrete sidewalk in front of an eight
foot (8') tall landscaped berm, with a six foot (6') tall fence behind the berm adjacent to the
individual property lines. The buffer areas will all be landscaped in accordance with ECC 8-2-A.
Common Area Open Space:
ECC Section 9-3-8 does not require open space for subdivisions that are zoned R-1, R-E, of A-R,
however, PUDs require 20% open space. The applicant has provided 43.6 acres of open space, or
25%open space. This exceeds the 20% open space typically required for PUDs.
Reduced lot sizes may be approved with an offsetting increase in open space, which is added to
10% of the site to determine total open space required, which must meet or exceed 20%. The site
is 171.8 acres; 10% of site is 17.2 acres; 20% of site is 34.4 acres. The difference in lot sizes
between what is required by code and what the applicant has proposed is 44.1 acres. Therefore,
61.3 acres is required (10% + offsetting increase). The applicant has provided 43.6 acres of open
space. This is not enough offsetting increase in open space to justify the reduced lot sizes. The
applicant has requested a waiver of the offsetting increase in open space (ECC 8-6-5-5) as part of
their conditional use permit.
Almost all of the open space is proposed as active open space with extensive equestrian trails for
residents, a community barn/clubhouse, a pollinator garden with walking paths, and multiple
man-made ponds for wildlife viewing with perimeter pathways. A pathway is also proposed
around the perimeter of the project within a twenty-five foot (25') wide pathway easement
through individual lots.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
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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:
Eagle City Code section 9-3-6 requires utility easements to be not less than 10 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes)—The applicant is proposing individual septic systems for each lot.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
F. STREET DESIGN:
Private or Public Streets:
The applicant is proposing to utilize private streets. Per Eagle City Code 9-3-2-1, private streets
should provide access to no more than 10%of the lots within a development. However, ECC 9-3-
2-5 does allow the Council to waive any of the standards or requirements for private streets if
private streets are determined to be an integral element of the overall plan and scheme of the
development provide the waiver is not injurious to public health or safety.
Cul-de-sac Design:
Two cul-de-sacs are proposed of approximately 2,772 feet and 2,070 feet respectively. Per Eagle
City Code 9-3-2-1(G), in zoning districts that prohibit densities greater than one dwelling unit per
five acres, cul-de-sac streets up to a maximum of two thousand eight hundred feet (2,800') in
length may be permitted by the City if approved by the fire department. Eagle City Code Section
9-3-2-1(G)permits up to twenty (20) dwelling units on each cul-de-sac. The applicant's proposed
design shows fifteen and twelve lots accessing from each cul-de-sac respectively.
Sidewalks:
The applicant's buffer area along Eagle Road includes a 10-foot wide detached concrete sidewalk
in front of a eight foot (8') high landscaped berm. On the internal streets, the applicant is
proposing a detached sidewalk on one side of the street with a detached equestrian pathways on
the other side of the street as permitted in ECC 9-4-1-7(A).
Curbs and Gutters:
Ribbon curb is proposed.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
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before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
G. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
Bike Paths: None proposed.
H. PUBLIC USES PROPOSED:
I. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
N. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The applicant is proposing to utilize individual septic systems on each lot and is also proposing to
extend City water service to the site. The property will receive fire protection from the Eagle Fire
Department and police protection from the Eagle Police Department.
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—Yes, mature trees are on site(see tree mitigation plan attached to staff report)
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Was not required at the time the application was submitted, however, a natural features analysis
has been prepared and is attached to the staff report for review.
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments which
appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated December 12, 2022, are of special
concern(see attached).
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent's memo dated April 22, 2022, are of special concern(see attached).
Ada County Highway District
Central District Health Department
Eagle Fire District
Eagle Sewer District
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Idaho Department of Environmental Quality
Idaho Department of Fish and Game
R. LETTERS FROM THE PUBLIC:
Twenty-two letters from the public have been received and are attached to the staff report for
review.
S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The project is proposed to be constructed in one phase as soon as permitting allows.
T. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment,
and/or conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic,noise, smoke, fumes,glare or odors.
5. That the development will be served adequately by essential public facilities such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water and
sewer, and schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided
in a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the
surrounding area for this proposed development justifies any proposed deviation from any
standard district regulations.
U. FISCAL IMPACT ANALYSIS:
See attached Developer Data Table, received by the City on February 2, 2022, along with the
analysis table.
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THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map designates this site as Agricultural/Rural:
Suitable for parcels that are five acres or larger in size may include active agriculture,viticulture,
equestrian, and estate or large lot residential. Uses include low density housing with significant
space between homes that are close to native open space and active farmland. Rural uses are not
amenity-based(sewer,water, schools)and are located away from goods and services. These areas
encourage the keeping and raising of crops or animals and do not necessarily include manicured
yards, sidewalks,bike paths,or planned park and recreation facilities. Density may be limited due
to the limited availability of infrastructure and roadway capacity.
The intent of the rural planning area is to identify an area within the City's plan where large lot,rural,
and agricultural uses are enhanced and preserved.
Rural is defined as:
"Use that harkens back to a time gone by that includes low density housing(5 to 10 acre lots)
with significant spaces between homes that are close to native and open space and active
farmland.Rural uses are not amenity based and are located away from goods and services.These
areas encourage the keeping and training of animals and raising of crops and do not normally
include manicured yards, sidewalks,bike paths,or planned park and recreation facilities."
6.19.1 RURAL PLANNING AREA USES:
D. The city should discourage the subdivision or splitting of active and or irrigated farmland within
the rural planning area. The city should establish ordinances that limit the development of lands with
active agricultural exemptions and prime farmland as established by the USGS.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 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 well(s) and septic system(s) in
the A, A-R and R-E zoning districts upon a determination that the public health, safety,
and welfare will not be negatively impacted. Whenever there is a conflict or difference
between the provisions of this section and those of other chapters and/or other titles, the
chapter or title with the more restrictive provision shall prevail. When a property is being
proposed for rezone to the R zoning district, a development agreement may be utilized in
lieu of the PUD and/or conditional use process if approved by the city council, provided
the development agreement includes conditions of development that are required during
the PUD and conditional use process.
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• 8-2-3: SCHEDULE OF DISTRICT USE REGULATIONS:
Zoning District Maximum Height Minimum Yard Setbacks Maximum Lot Covered F Minimum Lot Area Minimum Lot Width 1'
Note Conditions A To E. And J' (Acres Or Square Feet)N'
Front Rear interior Street Side
Side
A-R 35' 60' 30' 30' 10% - 100'
• 8-6-5-2: COMMON AREA OPEN SPACE:
A. Required Common Area Open Space: A minimum of twenty percent (20%) of the
gross land area developed in any residential PUD project shall be reserved for common
area open space and recreational facilities for the residents or users of the area being
developed.
B. Active Open Space: A minimum of fifteen percent (15%) of the common area open
space shall be developed as active open space, as defined in title 9 of this code.
C. Compliance: All common area open space shall be evaluated for its compliance with
the following:
1. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
2. Siting: Visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern,physical environment.
D. Direct Access: A minimum of fifty percent (50%) of all lots shall be designed to be
adjacent to, or at a minimum, have direct access to common area open space. The term
"direct access" means all building lots are to be located a maximum of two hundred fifty
feet (250') away from a pathway connecting to a common area open space lot. Building
lots separated from a common area open space lot by a local roadway shall be deemed to
have achieved direct access. The required planter strip located between the sidewalk and
the street will not be permitted to fulfill this requirement.
E. Dedication Of Land For Public Use: A required amount of common open space land
reserved under a PUD shall either be held in corporate ownership by owners of the
project area for the use of each owner who buys property within the development or be
dedicated to the public and retained as common open space for parks, recreation and
related uses. Public utility and similar easements and right of way for watercourses and
other similar channels are not acceptable for common open space dedication unless such
land or right of way is usable as a trail or other similar purpose and approved by the
council.
F. Maintenance: The responsibility for the maintenance of all open spaces shall be
specified by the developer before approval of the final development plan.
• 8-6-5-5: ARRANGEMENT OF RESIDENTIAL UNITS:
To encourage land use plans to be submitted as a planned unit development (PUD) so as
to provide an enhanced integration of open space and a variety of housing options, the
following design criteria shall be considered by the city:
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A. All lots within the PUD shall comply with the minimum lot size in the underlying
zone as established in section 8-2-4 of this title, except that a decrease in the minimum lot
size may be allowed if there is an "offsetting increase" of the same square footage in open
space and a favorable finding is made by the council that the smaller lots are
appropriately integrated into the overall design and that the building product type is
compatible with the PUD and surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point
for minimum open space, prior to any "offsetting increase" being added, shall be the area
that is equal to ten percent (10%) of the site. This allowance shall only be permitted
under the following criteria:
1. The total common area open space shall be equal to or greater than twenty percent
(20%), inclusive of the "offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character,
identity and architectural and siting variation are incorporated into the development and
that these factors make up a substantial contribution to the objectives of the PUD. These
design elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical environment, variation in
building setbacks and building grouping(such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of
materials,parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base
zone under section 8-2-4 of this title.
B. An area equal to the square footage utilized to create lots that are larger than the
minimum lot size may be credited toward the creation of lots which are proportionally
smaller than the minimum lot size in the underlying zone established in section 8-2-4 of
this title,provided:
1. There is a favorable finding by the council that the smaller lots are appropriately
integrated into the overall design and that the building product type is compatible with
the PUD and surrounding area.
2. The number of lots below the minimum lot size do not exceed twenty percent
(20%)of the total number of lots within the development.
• 8-7-3-1: PURPOSE AND INTERPRETATION OF CONDITIONAL USE:
A. Purpose: It is recognized that an increasing number of new kinds of uses are
appearing daily, and that many of these and some other more conventional uses possess
characteristics of such unique and special nature relative to location, design, size, method
of operation, circulation and public facilities that each specific use must be considered
individually.
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B. Interpretation Of Conditional Use: Any use which is permitted as a conditional use in
a district under the terms of this title shall not be deemed a nonconforming use in such
district,but shall,without further action,be considered a conforming one.
C. Exceptions or waivers of standards within Title 8 or Title 9, other than use, inclusive
of the subject matter addressed by Section 8-7-4-2 or Section 9-6-3 "Variances" may be
permitted through issuance of a conditional use permit.
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 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.
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
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placed, however, all private streets shall contain paved travel lanes a minimum of
twelve feet (12') in width (except as noted herein) and shall otherwise provide for the
safe, convenient, and effective movement of both vehicular and pedestrian traffic.
Vertical curbing shall be provided for streets that are less than thirty four feet (34') in
total width.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including,but not
limited to, designated parking and "no parking" areas, speed, stop, and such other
signs as are required for safe pedestrian and vehicle travel.
5. All private streets shall, during the progress of construction, be inspected and tested, at
the expense of the owner or developer, by a qualified inspector in order to ensure
compliance with the construction and design standards set forth in this section, the
construction drawings as prepared by the registered professional engineer, and good
engineering and construction practices. Reports of such inspections and tests shall be
submitted, together with a certification of such compliance, for the review and
approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public right
of way,or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of
this chapter and subject to the approval of the Eagle fire district and city engineer
and provided further that proper maintenance of the island is provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle
fire district and the city engineer;or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer,and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared
by a licensed professional engineer in the state in substantial conformance with
engineering and design standards in effect at the time of preparation of the design.
Construction drawings, together with a certification of such conformity, shall be
submitted for the review and approval by the city engineer.No part of this section shall
be construed as allowing a private street that is not in conformance with current
engineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more restrictive
standard shall prevail,unless specifically determined otherwise by the city council.
C. Access And Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost estimate
therefor prepared by a licensed professional engineer in the state, together with a
proposed method for funding the same, including, but not limited 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:
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a. Act to convey to each lot owner within the subdivision to be served by the private
street the perpetual right of ingress and egress over the described private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street cannot be
modified and the homeowners'/property owners' association or other entity cannot
be dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be recorded
at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private street in accordance with the
approved plan as provided for in subsection Cl of this section. Said restrictive covenant
shall also provide that the said covenant shall run with the land and that the said
covenant cannot be modified and that the homeowners'/property owners' association or
other entity cannot be dissolved without the express consent of the city. The said
restrictive covenant shall be reviewed and approved by the city attorney prior to
certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private street approved in accordance
with the provisions of this section to undertake such repair and maintenance activities
as it may determine is necessary to protect the public health, safety, or welfare and
make such expenditures from the funds reserved therefor as may be required thereby;
and the owner or responsible entity shall, as a condition of approval of any such private
street, be deemed to have agreed to comply with any such order and to reimburse the
city all of its costs, including attorney fees, incurred in obtaining or enforcing any such
order. Any order entered by the council pursuant to this subsection may be enforced by
a court of competent jurisdiction and the city shall be entitled to recover its costs and
attorney fees incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to
all applicable components of the comprehensive plan.
E. Waiver: The council may waive or modify any of the standards or requirements of this
section when the private streets have been determined to be an integral element of the
overall plan and scheme of the development or will serve to enhance the overall
development; provided, however, that any such waiver shall not be injurious to public
health or safety.
• 9-4-1-7: SIDEWALK DESIGN AND MAINTENANCE:
A. 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'), and the street is designated a local
street, sidewalks on only one side of the street may be allowed. This sidewalk exception shall
not be permitted on collectors, arterials, or section line streets.
B. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County Highway District.
C. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb
by a minimum eight foot (8') wide landscape strip. The landscape strip shall be completed
with sod, automatic irrigation, and planted with two inch (2") minimum caliper shade class
trees along all streets within the subdivision. Installation of landscaping shall be in
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accordance with section 8-2A-7 of this code. The area within the eight foot (8') wide
landscape strip may be counted toward the minimum required common area open space.
D. Trees shall be placed at the front of each lot generally located on each side lot line. Minor
variations to the location of a tree may be considered by the design review board during the
review of the subdivision landscape plan.
E. If sidewalk is required on one side of each street only (as provided for in subsection A of
this section), then the trees on the side of the street with no sidewalk shall be placed within
five feet(5')of the edge of roadway.
F. In zoning districts which prohibit densities greater than one dwelling unit per two (2)
acres and at the council's discretion, a five foot (5') wide striped path (with pedestrian
designation markings such as diamonds or pedestrian/bicycle symbols) on both edges of all
internal roadways may be permitted in lieu of constructing sidewalks. Trees shall be placed
within five feet(5') of the edge of roadway. (Ord. 566, 5-15-2007; amd. Ord. 868, 8-8-2022)
• 9-4-1-12: LANDSCAPE BUFFER AREAS:
Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for
the protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats
shall show the location of all buffer areas.
D. DISCUSSION:
• The applicant is proposing an annexation and rezone to A-R which limits density to one unit
per 5 acres. The applicant is proposing reduced lot sizes through the PUD, however, the
overall density does not exceed one unit per five acres.
• As part of the PUD the applicant is requesting an increase in lot coverage from the 10%
allowed in the A-R zone to 15%.
• The applicant is requesting a waiver of ECC 8-3-5-5 as part of their conditional use permit to
waive the offsetting increase in open space requirement as well as the requirement that no
more than 20%of lots within a PUD be reduced below the minimum lot size.
• The project is located within the Rural Planning Area. This area is intended for agricultural
and rural preservation as well as encouraging the keeping/training of animals within the
Comprehensive Plan and is not intended for amenity based development. While the
development as proposed does provide for a variety of amenities and developed and
manicured areas, it is also intended for equestrian use.
• The Parks, Pathways, and Recreation memo dated April 22, 2022, recommended approval of
the application.
• The applicant has requested a 2 CFS (cubic feet per second) water right from the Idaho
Department of Water Resources for aesthetic purposes to fill the lakes and ponds on site. The
permit has not yet been approved by the Idaho Department of Water Resources (IDWR). This
may have a significant impact on the applicant's timeline and they may have to begin the
process again with a new preliminary plat application if the water right is not approved by the
Idaho Department of Water Resources.
• The City did not protest the requested water right with IDWR; however, City did submit a
stipulation that the applicant not protest any future water rights by the City as described in the
attached stipulation,which was agreed to by the applicant.
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• The applicant has submitted a Pressurized Irrigation waiver for insufficient water shares as is
detailed in the City Engineer Review letter dated December 12, 2022. The Commission and
Council shall determine if the request is warranted and meets the intent of ECC 9-4-1-
9(C)(2).
• Eagle City Code requires central sewer service in all zones. However,the Commission and
Council may waive the requirement in the A-R zone if they determine that it will not
negatively impact the health, safety and welfare of the public. The applicant is proposing to
use individual septic systems but are proposing to extend municipal water service to the site.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
February 6, 2023, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by two (2) individuals who expressed concern with the manmade lakes and the
requested groundwater right as well as the reduced lot sizes.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
two (2)individual (other than the applicant/representative)who voiced support on the density and that
the project would help to maintain the rural character of the area.
D. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning
and Zoning Commission by four(4) individual who indicated a concern with the reduced lot size and
recommended the lots stay five (5) acres a piece, concerns about the well water rights not yet being
approved by IDWR, whether there would still be access to BLM lands, and whether the equestrian
site to the south would be an HOA amenity.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based upon the information received
and the testimony provided.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
The Commission voted 5 to 0 to recommend approval of A-02-22 & RZ-02-22 for an annexation and
rezone from RUT (Rural-Urban Transition — Ada County designation) to A-R-DA-P (Agricultural-
Residential with a Development Agreement and PUD)with conditions of development as provided within
their findings of fact and conclusions of law document, dated February 21, 2023.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend approval of PPUD-01-22/CU-02-22/PP-07-22 for a
preliminary development plan, conditional use permit, and preliminary plat for Rocking A Ranch
Subdivision with conditions of development as provided within their findings of fact and conclusions of
law document, dated February 21, 2023.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on March 14, 2023, at
which time testimony was taken and the public hearing was closed. The Council made their decision
at that time.
B. Oral testimony in opposition to the application was presented to the Council by no one.
C. Oral testimony in favor of the application was presented to the Council by one (1) individual (other
than the applicant/representative).
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D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Council
by one(1)individual who indicated a concern with the proposed 2CFS groundwater well for aesthetic
purposes.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE:
The Council voted 2 to 1 to approve A-03-22 &RZ-03-22 for an annexation and rezone from RUT
(Rural-Urban Transition—Ada County designation)to A-R-DA(Agricultural-Residential with a
Development Agreement in lieu of a Conditional Use Permit)with the following conditions to be placed
within a development agreement:
3.1 The maximum gross density for the Property shall be one (1) dwelling unit per five (5) acres, with
no more than 34 residential lots.
3.2 Private streets shall be used to serve all of the lots on the Property. All private streets shall conform
to all applicable City requirements.
3.3 The minimum lot size allowed for the Property shall be two and a half(2.5) acres.
3.4 Lot coverage shall be a maximum of 15%.
3.5 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding 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 City Code, which shall comply with the City
Code, as it exists at the time such applications are made except as otherwise provided within this
Agreement.
3.6 Owner will develop the Property in general compliance with the Concept Plan (Exhibit C). The
City understands and agrees that certain changes in that concept may occur. If the City determines,
in its reasonable discretion, 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, and notice shall be provided as may be required by the City.
Minor modifications to the Concept Plan will not require public hearing or City approval.
3.7 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located on site. The report shall identify, at a minimum, species, size, and health of
the trees. The arborist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating which trees will be incorporated into the
design of the subdivision and which trees will be removed prior to removal of the trees.
3.8 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture approved in the CC&Rs.
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat. The ACC shall retain the
authority to adjust the architectural styles in order to meet market demand.
The submittal of the building permit application to the City for each structure within the
development shall be accompanied by an approval letter from the Architectural Control Committee.
Building permit applications that do not have an approval letter attached will not be accepted. If a
building permit is denied, the applicant shall have the right to appeal the decision to the City
Council in accordance with City Code Section 8-7-4-1.
3.9 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
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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.
3.10 The Conditions of the stipulation approved by IDWR(Inst. #2022-096774) shall be included in the
subdivision CC&Rs.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 2 to 1 to approve PPUD-01-22/CU-02-22/PP-07-22 for a preliminary development
plan, conditional use permit, and preliminary plat for Rocking A Ranch Subdivision with the following
site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. 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.
2. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed
at the front of each lot generally at each side property line, or as approved by the Design Review
Board. The trees shall be located within an 8-foot wide landscape strip between the 5-foot wide
concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as
to not interfere with the required placement of street trees. Prior to the City Clerk signing the final
plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a
letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements.
Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary
occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may
be permitted for any portion of the development that is completed, including street trees that have
been installed. On-going surety for street trees for all undeveloped portions of the development will
be required through project completion.
3. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7 (J).
4. 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)
5. The Rocking A Subdivision shall remain under the control of one Homeowners Association. (ECC 9-
3-8[D][4])
6. 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.
7. The applicant shall provide CC&Rs stating that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system.
8. All common landscape areas in the subdivision shall be 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])
9. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to
install fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan.
Upon completion of the installation of the municipal fiber-optic conduit lines, the applicant shall
provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal
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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.
10. The applicant shall comply with the recommendations of the Parks, Pathways, and Recreation memo
dated April 22,2022.
11. The applicant shall include a plat note on the final plat stating"Lot 1 is designated as a private street.
Each owner within the subdivision is to be served by the private street and is conveyed the non-
exclusive perpetual right of ingress and egress over the above described private street. Said perpetual
easement shall run with the land and the restrictive covenant for maintenance of the private street
cannot be modified nor can the homeowners association be dissolved without the express consent of
the City."
12. The conditions,covenants and restrictions for the Property shall contain at least the following:
(a) A maintenance manual for the private streets requiring the association to have the duty to
maintain and operate the private streets including repair and replacement of asphalt and
sidewalks, including provisions for snow removal of the road; and the planting and
maintenance of the landscape planter islands within the cul de sacs, in perpetuity.
(b) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, private multi-use pathways, pressurized irrigation facilities, fencing,
Community Barn, and other amenities.
(c) A maintenance manual for the stormwater swales requiring that the association shall have
the duty to maintain the swales including the maintenance and replacement of landscape
material, removal of refuse, and any other maintenance required to ensure that the swales
function as designed for the purpose of capturing stormwater, in perpetuity.
(d) 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
fixtures, any associated electrical supply,and light bulbs, in perpetuity.
(e) A requirement that in the event any of the CC&Rs are less restrictive than any
government rules, regulations or ordinances, then the more restrictive government rule,
regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws
and ordinances of all applicable government bodies. In the event a governmental rule,
regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event
that portion shall be deemed to be amended to comply with the applicable rule, regulation,
law or ordinance.
(f) A wildlife habitat management plan that includes, but is not limited to: wildlife friendly
fencing specifications, plant species permitted and restricted on site, an invasive and noxious
weeds management plan, community education and outreach, management of nuisance
wildlife, and a mechanism for oversight and funding in perpetuity.
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.
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3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to
the platted property. The developer may submit a letter in lieu of plans explaining why plans may
not be necessary.
4. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service,prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed
on the street side of the home or shall have their sewer drainage system designed with a stub at
the house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific
criteria for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final
plat. A copy of the construction drawing(s)shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to
the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will
be developed in the drainage easements. The approved drainage system shall be constructed, or a
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.
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12. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall
not be located within any easement or right-of-way for any ditch,pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval
of the organized irrigation district, canal company, ditch association, drainage district, drainage
entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or
canal. The applicant shall submit a copy of the written approval from the irrigation entity,
drainage district, or drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the
City Engineer prior to the City Engineer signing the final plat. All construction shall comply with
the City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner,
or homeowner's/business owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by
the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
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.
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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".
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
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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.
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 Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-02-22&RZ-02-22)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 A-R-DA-P (Agricultural — Residential with a development
agreement - PUD) is consistent with the designation as shown on the Comprehensive Plan Land
Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
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for this site indicate 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 A-R-DA-P (Agricultural — Residential with a development agreement - PUD) is
compatible with the RUT (Rural-Urban Transition — Ada County designation) land use to the
north since that area is undeveloped foothills and may develop in the future in the same manner
as the proposed development, and;
d. The proposed A-R-DA-P (Agricultural — Residential with a development agreement - PUD) is
compatible with the proposed A-R-DA (Agricultural-Residential with a development agreement)
zone and land use to the south since proposed development is designed to be equestrian based
with equestrian trails and the equestrian use on the parcel has been in place for approximately 40
year and is not proposed to change, and;
e. The proposed A-R-DA-P (Agricultural — Residential with a development agreement - PUD) is
compatible with the RUT (Rural-Urban Transition — Ada County designation) land use to the
west since that area is developed as single family residential on large rural lots, and;
f. The proposed A-R-DA-P (Agricultural — Residential with a development agreement - PUD) is
compatible with the RUT (Rural-Urban Transition—Ada County Designation) zone and land use
to the east since that area has been developed into residential lots and existing agricultural uses,
and;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan;and
h. No non-conforming uses are expected to be created with this rezone.
2. The Council reviewed the particular facts and circumstances of this proposed preliminary
development plan, conditional use permit, and preliminary plat (PPUD-01-22/CU-02-22/PP-07-22)
and based upon the information provided concludes that the application is in accordance with the City
of Eagle Title 9(Subdivisions)because:
a. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
Rocking A Subdivision has been proposed for development in conformance with the Eagle
Comprehensive Plan and consistent with the requirements of Eagle City Code; and
b. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
The development is proposed to consist of single-family residential homes and will be designed
to complement the general vicinity and provide aesthetically pleasing architecture to enhance the
character of the area. The development is designed with density with a rural density of one unit
per five acres; therefore, the proposed subdivision will be harmonious with the adjacent
developments; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
Rocking A Subdivision is proposed to be developed in a manner that preserves open space and
buffers from the both the public right-of-way and residential uses in the immediate vicinity;and
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic,noise, smoke, fumes, glare or odors.
The development is planned for residential uses only, similar to the character of the surrounding
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area. There are no uses, activities, processes, materials, equipment, and/or conditions that will be
detrimental to the surrounding properties upon completion of the site work; and
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
Rocking A Subdivision will be served by Eagle Road (collector). Central water services are
available to be extended to the site, as noted within the letters provided by the agencies having
jurisdiction over the site. Development will utilize individual septic systems. Development of
water,drainage, streets and other urban services will be provided at the developer's expense; and
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time
of installation and before acceptance by the City of Eagle;and
g. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
The development will contain a minimum of 25% of open space. The common lots will include
pathways throughout the development and a pollinator garder; and
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
The development will utilize only private streets with two access points onto North Eagle Road;
and
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
No scenic or historic features of major importance exist on site; and
j. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The Eagle Comprehensive Plan designates the property as Agricultural/Rural. The applicant is
requesting a A-R-DA-P (Agricultural-Residential with a development agreement—PUD) zone to
allow for flexibility in design while still maintaining the maximum density of the proposed
development at 0.19-dwelling units per acre;and
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This applicant has requested approval of a conditional use permit, preliminary development plan,
and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as
will be required to meet the conditions herein. In addition, the developer will be required to
submit an application for design review and comply with all Eagle City Codes and conditions of
approval of the design review;and
1. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
Residential is the only use approved for this development.
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DATED this 11th day of April 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Jason%rce,Mayor
ATTEST:
GLE •.,
Tt`ac
j �4 •4PT E•'•.•
c y E. O orn,Eagle City Qe k:
s1 •
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