Minutes - 2023 - Planning & Zoning - 02/06/2023 - RegularTHE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
February 6, 2023
Minutes
1. CALL TO ORDER: Meeting called to order at 6:05 p.m.
2. ROLL CALL: Present: WRIGHT, GUERBER, MCLAUGHLIN, SMITH, MCCAULEY. A
quorum is present.
3. CONSENT AGENDA: ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS.
♦ Consent Agenda items are considered to be routine and are acted on with one motion. There will
be no separate discussion on these items unless the Chairman, a Commissioner, member of City
Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items
removed from the Consent Agenda will be placed on the Regular Agenda in a sequence
determined by the Rules of Order.
♦ Any item on the Consent Agenda that contains written recommendations from the City of Eagle
shall be adopted as part of the Planning & Zoning Commission's Consent Agenda approval
motion unless specifically stated otherwise.
A. Minutes of January 3, 2023. (MJR)
B. Minutes of January 17, 2023. (CSH)
McLaughlin moves to approve the consent agenda as presented. Seconded by Guerber.
FOUR AYE, ONE ABSTAINS (MCCAULEY)... MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE.
5. PUBLIC HEARINGS: ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS.
A. A-09-22/RZ-12-22/PP-18-22 — Tierpointe Subdivision — DRY Ventures: DRY Ventures,
represented by Dave Yorgason, is requesting an annexation, rezone from RUT (Rural -Urban
Transition — Ada County designation) to R-6-DA (Residential with a development agreement [in
lieu of a PUD]), and preliminary plat approvals for Tierpointe Subdivision, a 72-lot (66-
buildable, 6-common) residential subdivision. The 16.01-acre site is located on the north side of
State Highway 44 approximately 0.6-mile west of the intersection of State Highway 44 and
North Linder Road. (MJW)
Dave Yorgason, 14254 West Battenburg Drive, Boise ID, the applicant. Yorgason provides an
overview of the application.
Yorgason responds to questions from the Commission.
Applicant responds to questions from the Commission.
City Planner, Mike Williams, provides an overview of the application.
Planner Williams responds to questions from the Commission.
City Attorney, Victor Villegas, responds to questions from the Commission.
Planner Williams responds to questions from the Commission.
Chairman Wright opens the public hearing.
Darcy Hart, 1475 Morehouse Avenue. Hart supports the application.
Tim Nielsen, 1089 North Golden Crown. Nielson supports/opposes the application, and expresses
concerns related to increasing density and traffic load on the nearby major intersections. Critical
infrastructure is not prepared to handle the increase of density.
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Ernie Gentile, 770 North Tullshire. Gentile opposes the application, and expresses concerns
related to the increase in traffic that may come as part of this application. Concerns that traffic
will feed through nearby existing neighborhoods to get to their destinations.
Gentile responds to questions from the Commission.
William Ziebell, 4365 West Springhouse Drive. Ziebell opposes the application, and expresses
concerns related to a potential housing market crash.
Ziebell responds to questions from the Commission.
Applicant addresses concerns raised during the public hearing, provides rebuttal, and responds to
questions from the Commission.
Chairman Wright closes the public hearing.
Discussion amongst the Commission.
McLaughlin moves to recommend approve A-09-22/RZ-12-22/PP-18-22 — Tierpointe
Subdivision — DRY Ventures with all standard conditions of approval with the following
modifications to the site -specific conditions of approval: SSC#9: Exclude recommendation
1.6 of the PPRC recommendation re: sidewalks, SSC#14: replace verbiage 8-2A-7J to say 9-
3-10.
McCauley seconds. ALL AYES ... MOTION CARRIES.
B. A-10-22/RZ-13-22/PP-19 -22 — Brookstone Subdivision — Timberland Development Partners:
Timberland Development Partners, represented by Dave Yorgason, is requesting an annexation,
rezone from RUT (Rural -Urban Transition — Ada County designation) to R-6-DA (Residential with a
development agreement [in lieu of a PUD]), and preliminary plat approvals for Brookstone
Subdivision, a 113-lot (97-buildable [53 single-family, 44 single-family attached], 16-common)
residential subdivision. The 23.28-acre site is located on the north side of State Highway 44
approximately 1,850-feet west of the intersection of State Highway 44 and North Linder Road.
(MJW)
Dave Yorgason, 14254 West Battenburg, Boise, ID, the applicant. Yorgason provides an
overview of the application.
Applicant responds to questions from the Commission.
City Planner, Mike Williams, provides an overview of the application.
Planner Williams responds to questions from the Commission.
Chairman Wright opens the public hearing.
Tim Nielsen, 1089 North Golden Crown Way. Nielsen opposes the application, and expresses
concerns related to increased strain on schools.
Ernie Gentile, 770 North Tullshire. Gentile opposes the application, and expresses concerns
related to the increase in traffic that may come as part of this application. Concerns that traffic
will feed through nearby existing neighborhoods to get to their destinations, and concerns that
Eagle will take a step towards losing its rural character.
Applicant addresses concerns raised during the public hearing and provides rebuttal.
Planner Williams responds to questions from the Commission.
Chairman Wright closes the public hearing.
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McCauley moves to recommend approval of A-10-22/RZ-13-22/PP-19 -22 — Brookstone
Subdivision — Timberland Development Partners with exceptions to the following site specific
conditions:
• Site specific condition #5: the verbiage section 8-2A-7J now say section 9-3-10
• Site specific condition #8: include verbiage that says "excluding conditions 1.2, 1.3,
and 1.6, and include the staff recommendation for the annexation and rezone
• Site specific condition #5: add verbiage add single family attached for lots Block 1,
Lots 40-71, 73-80... 36-foot garage setback.
Guerber seconds.
Discussion amongst the Commission.
Clarification provided by staff.
McCauley amends motion to include clarification as provided by staff. Second concurs.
ALL AYES ... MOTION CARRIES.
Meeting called into recess at 8:36pm.
Meeting called back into order at 8:48pm.
C. A-03-22 & RZ-03-22 - Alscott Equestrian Facility — Alscott Realty: Alscott Realty, represented
by Brian Scott, is requesting an annexation, 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), to permit an equestrian facility. The 20-acre site is located on the northeast
corner of North Eagle Road and East Beacon Light Road at 3000 North Eagle Road. (MNB)
Brian Scott 1185 West Osprey Ridge Drive, the applicant's representative. Scott and his
development team, provide an overview of the application.
Applicant responds to questions from the Commission.
City Planner, Morgan Bessaw, provides an overview of the application.
Planner Bessaw responds to questions from the Commission.
Chairman Wright opens the public hearing.
Corey Blaine, 1167 East Beacon Light Road. Blaine supports the application.
Jeff Devine, 345 West Beacon Light Road. Devine neither supports nor opposes the application,
and expresses concerns related to increased traffic.
Applicant addresses concerns raised during the public hearing, provides rebuttal, and responds to
questions from the Commission.
Chairman Wright closes the public hearing.
Discussion amongst the Commission.
Smith moves to recommend approval A-03-22 & RZ-03-22 - Alscott Equestrian Facility —
Alscott Realty with the following conditions: site specific conditions #3.5 & 3.7 be modified
to include language that says upon future development, modifications will be made.
Guerber seconds.
Discussion amongst the Commission.
Smith amends motion to include striking conditions 8.2.4 and 8.4.3. Second concurs.
Discussion amongst the Commission.
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Smith amends motion to include language to force sidewalks comply with ACHD standards.
Second concurs.
Clarification provided by staff.
ALL AYES ... MOTION CARRIES.
D. A-02-22/RZ-02-22/CU-02-22/PPUD-01-22/PP-07-22 - Rockin2 A Subdivision — Alscott Realty:
Alscott Realty, represented by Brian Scott, is requesting 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. (MNB)
Brian Scott, 1185 West Osprey Ridge Drive, the applicant's representative. Scott and his
development team provide an overview of the application.
Applicant responds to questions from the Commission.
City Planner, Morgan Bessaw, provides an overview of the application.
Planner Bessaw responds to questions from the Commission.
Chairman Wright opens the public hearing.
Lon Stewart, 3477 Shadow Hills Drive. Stewart opposes the application, and expresses concerns
related to required lot sizing as part of this application. Stewart also expresses concerns related to
obtaining adequate surface water.
Corey Blaine, 1164 East Beacon Light Road. Blaine supports the application, and expresses that
there are other developments in the City north of Beacon Light Road that are more dense than the
proposed application. Blaine notes that not all pathways need to be public.
Blaine responds to questions from the Commission.
Jeff Devine, 345 West Beacon Light Road. Devine opposes the application, and expresses
concerns related to degraded roadways not being able to support the increase in trips and safety of
Eagle Road. Devine also has concerns with groundwater availability.
Roger Lamb, 3810 Sandbar Lane. Lamb opposes the application, and expresses concerns related
to the minimum lot sizes and groundwater availability.
Darren Schultise, 350 Valley Hi Road. Schultise supports the application.
David Schafer, 452 West Heikus Lane. Schafer opposes the application, and expresses concerns
related to minimum lot size requirements not reaching 5-acres.
Schafer responds to questions from the Commission.
Annie Hublow, 3200 Glen Stewart Lane. Hublow supports/opposes the application, and expresses
concerns related to only one access point to the subdivision. Hubert is concerned about disaster
response for the equestrian population. Questions posed as to if the equestrian facility will
continue to be public.
Marsha Davies, 3420 Shadow Hills Drive. Davies supports/opposes the application, and
expresses concerns related to viewshed obstruction, BLM access, and wildlife fencing.
Applicant addresses concerns raised during the public hearing and provides rebuttal.
Chairman Wright closes the public hearing.
Discussion amongst the Commission.
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McCauley moves to recommend approval A-02-22/RZ-02-22/CU-02-22/PPUD-01-22/PP-07-22
- Rocking A Subdivision — Alscott Realty with the staff recommended conditions of approval,
only change to site specific condition — strike site specific condition #10.
Seconded by Guerber.
McCauley amends motion to remove the site specific condition changes. New motion reads
staff recommended conditions of approval and site -specific conditions. Second concurs.
ALL AYES ... MOTION CARRIES.
6. NEW BUSINESS:
7. REPORTS:
A. Commission: Smith reports on quarrels with iLegislate. McLaughlin will not be present on the
21th of February.
B. City Attorney: None.
C. Staff. None.
8. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Wright. ALL AYES... MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 11:19 p.m.
RESPECTFULLY SUBMITTED:
MATTHEW J. RUMS
CLERK OF THE MEET G
APPROVED:
C% '�4 - 9
TRENT WRIGHT,
CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
W W W. CITYOFEAGLE.ORG.
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CITY OF EAGLE - PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
A-02-22/RZ-02-22/CU-02-22/PPUD-01-22/PP-07-22 - Rocking A Subdivision — Alscott Realty: Alscott Realty,
represented by Brian Scott, is requesting 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. (MNB)
February 6, 2023
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CITY OF EAGLE - PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
A-03-22 & RZ-03-22 - Alscott Equestrian Facility — Alscott Realty: Alscott Realty, represented by Brian Scott, is
requesting an annexation, 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), to permit an equestrian
facility. The 20-acre site is located on the northeast corner of North Eagle Road and East Beacon Light Road at 3000
North Eagle Road. (MNB)
February 6, 2023
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PUBLIC HEARING SIGN -IN SHEET
A-10-22/RZ-13-22/PP-19 -22 — Brookstone Subdivision — Timberland Development Partners: Timberland Development
Partners, represented by Dave Yorgason, is requesting an annexation, rezone from RUT (Rural -Urban Transition — Ada
County designation) to R-6-DA (Residential with a development agreement [in lieu of a PUD]), and preliminary plat
approvals for Brookstone Subdivision, a 113-lot (97-buildable [53 single-family, 44 single-family attached], 16-common)
residential subdivision. The 23.28-acre site is located on the north side of State Highway 44 approximately 1,850-feet
west of the intersection of State Highway 44 and North Linder Road. (MJW)
February 6, 2023
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PUBLIC HEARING SIGN -IN SHEET
A-09-22/RZ-12-22/PP-18-22 — Tierpointe Subdivision — DRY Ventures: DRY Ventures, represented by Dave
Yorgason, is requesting an annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to R-6-
DA (Residential with a development agreement [in lieu of a PUD]), and preliminary plat approvals for Tierpointe
Subdivision, a 72-lot (66-buildable, 6-common) residential subdivision. The 16.01-acre site is located on the north side
of State Highway 44 approximately 0.6-mile west of the intersection of State Highway 44 and North Linder Road.
(MJW)
February 6, 2023
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BROOKSTONE SUBDIVISION
A-10-22/RZ-13-22/PP-19-22
Eagle Planning and Zoning Commission Public Hearing
February 6, 2023
City Staff: Michael Williams, CFM, Planner III
Phone: 939-0227
E-Mail:
Project Summary
Timberland Development Partners, represented by Dave Yorgason, is
requesting:
• Annexation, Rezone with Development Agreement (in lieu of a PUD),
and Preliminary Plat approvals for Brookstone Subdivision, a 113-lot,
(97-buildable [53-single-family detached, 44-single family attached]
16-common) residential subdivision.
• The 23.28-acre site is located on the north side of State Highway 44
approximately 1,850-feet west of the intersection of State Highway 44
41lMand North Linder Road.
4/21/2023
Site Data
Total Acreage of Site — 23.28-acres
otal Number of Lots — 97
Residential — 97
Commercial —0
Industrial — 0
Common — 7
Total Number of Units — 70
Single-family — 53
Single-family (attached) — 44
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
4/21/2023
Additional Site Data
Dwelling Units Per Gross Acrc
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Tout Acreage of Common Area Open Space
Percent of Site as Common Arcs Open Space
Percent of Common Arm Open Space as Active Open Space
7
E7
Proposed
4.17-units per acre
3,893-square feet (single-family attached dwelling)
5,060-squarc feet (single-family detached dtelling)
35-fcct (single-family attached dwelling lots)
44-feet (single-family detached dwelling lots)
35-feet
11.37-acres
48.8
23% (2.62-acres)
Required
4.17-units per acre maximum (as limited within
the development agreement)
1,600-square feet (minimum for single-family
attached dwelling lots) and 5,000-squarc feet
(minimum for single-family detached dwelling
lots)
20-ficet (minimum single-family attached dwelling
lots)
50-feet (minimum single-family detached
dwelling lots)
35-feed (minimum)
4.66-acres (mini
20% (minimum)
15% (minimum)(1.71-acnes)
El
Front setback based on location of sidewalk
3.5 The setbacks shall be as follows:
Single-family (detached)
Front 21 -feet (living space/side entry garage)
36-feet (front -load garage)
Rear I5-Peet
Interior Side 5-feet (first story) 5-feet (each additional
story)
Street Side 20-feet
Maximum Lot Coverage 60%
Single-family (attached)
Front
21-feet (IO-1'eetit' alley loaded)
Lots 40-71. Block 1
36-feet (front -load garage)
Rear
15-feet(5-feet if alley loaded)
Side
5-feet(0-feet for common wall)
Street Side
20-feet
Maximum Lot Coverage N/A
Site Specific Conditions of Approval
4. The applicant shall pay the required preliminary plat STL fee of $98.652.20 with the remaining portion of
the $203.700.00 to be paid at the rate of ($2,100.00 minus $1.017.03[Preliminary Plat Fee per lot]) x Lots in
Final Plat or $1,082.97 x Lots in Final Plat at the time of submittal of the first final plat application.
(Resolution No. 8-09)
6. Provide a revised fencing plan showing open style fencing located between Lot 3, Block 1. and the south
property line of Lot 4, Block 1, and between Lot 81. Block 1. and the north property line of Lot 80. Block 1.
The revised fencing plan shall be submitted with the design review application. (ECC 9-3-10)
7. Provide a revised streetlight plan showing streetlights at the following locations: 1) the corner of North
Sunset Lake Avenue and West Calm Water Street, 2) the corner of North Sunset Lake Avenue and West
Marble Street, 3) North Temsford Way where the parking area access intersects the street. and 4) at the
locations where the pathway located within Lot 106, Block 1, intersects West Calm Water Street and West
Marble Street. The revised street light plan shall be provided prior to submittal of a design review
application. (ECC 9-4-1-5)
Staff Recommendation
If the annexation and rezone with development agreement (in
lieu of a PUD) are approved, staff recommends the conditions
of development on If the preliminary plat is approved,
staff recommends the site specific conditions of approval on
a_qe 6 of the Staff Report and standard conditions of approval
on paae «v of the Staff Report.
Planning Commission Recommendation
On February 6, the Eagle Planning and Zoning Commission
voted 5 to 0 to recommend of the applications with
the conditions of development, site specific conditions of
approval, and standard conditions of approval provided on
page 11 of the Planning and Zoning Commission Findings of
Fact and Conclusions of Law.
4/21/2023
13
COMP PLAN
DESIGNATION
Existing Compact Residential
Proposed No Change
North of site Compact Residential
I[E
of site Neighborhood Residential
f site Compact Residential
of site Compact Residential
14
ZONING LAND USE
DESIGNATION
RUT (Residential — Ada County Agriculture
designation)
R-6-DA (Residential with a Single-family residential
Development Agreement [in lieu of a subdivision
PUD)
R-5-DA-1, (Residential with a
development agreement-PUD)
R-3-DA-P (Residential with a
development agreement-PUD)
MU-DA (Mixed Use with a
development agreement [in lieu of a
PUD])
R-5-DA-P (Residential with a
development agreement-PUD) and
RUT (Residential — Ada County
designation)
Single-family residential
subdivision (Mosscreek
Subdivision)
State Highway 44 and a single-
family residential subdivision
(Bald Eagle Pointe Subdivision)
Single-family residential
subdivision (Eaglefield Village
Subdivision)
Single-family residential
subdivision (Mosscreek
Subdivision future phase) and a
single-family residence,
F
ROCKING A RANCH SUBDIVISION
A-02-22/RZ-02-22/CU-02-22/PPUD-01-22/PP-07-22
Eagle Planning and Zoning
February 6, 2023
City Staff: Morgan Bessaw, AICP, CFM, Planner III
Phone: 208-939-0227
E-Mail:
Project Summary:
The applicant is requesting:
• 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.
4/21/2023
3
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Comprehensive Plan & Zoning Map Designation:
Comprehensive Plan Designation: Neighborhood Residential
= Agricultural/Rural
= Estate Residential
Agricultural/Rural Designation:
• Suitable for parcels that are five acres or larger in
size may include active agriculture, viticulture,
equestrian, and estate %large lot residential. Uses
include low density housing with significant space
between homes that are close to native open spact
and active farmland.
• Rural uses are not amenity -based (sewer water
schools) and are located away from gooc(s and
services. These areas encourage the keeping and
raising of crops or animals and do not necessarily
nclude 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.
Eagle is HOME Comprehensive Plan — Chapter 6 — Land Uses
Site Data for the R-2 Zone
Zoning Compatibility:
Z Requires Annexation prior to development
Eagle is HOME Comprehensive Plan — Figure 6.8 Zoning Compatibility Matrix
Discussion:
• 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.
• The applicant is proposing an annexation and rezone to A-R which limits density to one unit per 5 acres. The
PUD the overall density does not exceed one unit per five acres.
• The A-R zone requires minimum lot sizes of 4.7 acres. The applicant is requesting reduced lot sizes, the
minimum of which is 2.5 acres, through the PUD.
• PUDs require a minimum of 20% open space, with additional open space required if reduced lots sizes are
being requested.
• The required off -setting increase in open space has not been met (61.3 acres); however, the applicant has
provided 43.6 acres (25%) of open space and is requesting a waiver of ECC 8-6-5-5 for offsetting increase in
open spaces as part of this CUP.
• ECC 8-6-5-5 also requires that no more than 20% of the lots within a PUD have a reduced lot size; the
applicant is requesting a waiver of the requirement and is proposing 85% of the lots have a reduced lot size.
• The applicant is requesting an increase is allowable lot coverage from 10% to 15%.
Discussion:
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 - j4,
to waive any of the standards or requirements for private streets if Mr&r
ate streets are determined to be an integral element of the overall
plan
Cul-de-sac Design:
Two cul-de-sacs are proposed of approximately 2,772 feet and 2,070 feet
respectively. Per ECC 9-3-2-1(G), cul-de-sac streets up to a maximum of
two thousand eight hundred feet (2,800') in length may be permitted.
ECC 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 is proposing a 100 foot wide buffer area along Eagle Road
with a 10-foot wide detached concrete sidewalk in front of a eight foot
(8') high landscaped berm.
T H',
Discussion:
• 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.
• 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 are proposed.
• An equestrian pathway is also proposed
around the perimeter of the project within
a twenty-five foot (25') wide pathway
easement through individual lots.
• The Parks, Pathways, and Recreation
memo from April 18, 2022 recommended
approval of the application with the
condition that all equestrian trails be open
to the public.
Discussion:
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THE RANCH
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• 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.
• 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 and the conditions of which shall be included in the CC&Rs.
• 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).
Conditional Use Permit (CUP):
1. ECC Section 8-7-3-1 Exceptions or waivers of
standards within Title 8 or Title 9, other than use,
may be permitted through issuance of a
conditional use permit.
Conditional Use Permit Criteria:
EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular -facts and circumstances of each proposed Conditional Use in terms of the
following standards and shall find adequate evidence showing that such use at the proposed location:
A. Will, in -fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City Code Title 8) for the zoning
district involved, or section 8-7-3-1(C) of this chapter, or as may otherwise be established by this title;
B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the
Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity and that such use will not change the essential character of the same
area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. 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; or that the persons or agencies responsible for the
establishment of the proposed use shall be able to provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and 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;
H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on
surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic -feature of major importance.
Staff Recommendation:
Based on the information provided to staff to date, if the
requested annexation and rezone from RUT (Rural Urban
Transition —Ada County designation) to A-R-DA-P (Agricultural
Residential with a development agreement - PUD) is
recommended for approval, staff recommends the Conditions of
Development on page 3 of the Staff Report be placed within a
development agreement.
If the preliminary development plan and preliminary plat are
recommended for approval, staff recommends the site specific
Conditions of Approval found on page n of the Staff Report and
the Standard Conditions of Approval on page 18 of the Staff
Report.
Conditions of Development:
• 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 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
Site Specific Conditions of Approval:
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.
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 withi 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.
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).
9. 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])
G. 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.
Site Specific Conditions of Approval:
S. 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 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."
S..ite Specific Conditions of Approval:
e 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.
ALSCQT EQUESTRIAN FACILITY
A-03-22 & RZ-03-22
Eagle Planning and Zoning
February 6, 2023
City Staff: Morgan Bessaw, AICP, CFM, Planner III
Phone: 208-939-0227
E-Mail:
Project Summary:
The applicant is requesting:
• Annexation, 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)
• To permit an existing equestrian facility with 36 horse stalls and to
seek a waiver of ECC 8-2-4 and 8-4-3.
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Comprehensive Plan & Zoning Map Designation:
Comprehensive Plan Designation: Neighborhood Residentia
= Agricultural/Rural
= Estate Residential
Agricultural/Rural Designation:
• 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.
Eagle is HOME Comprehensive Plan — Chapter 6— Land Uses
Zoning Compatibility:
Z Requires Annexation prior to development
Eagle is HOME Comprehensive Plan — Figure 6.8 Zoning Compatibility Matrix
Discussion:
• The property will be used as an equestrian center, including but not limited to stables, rings, exercise areas,
and associated facilities for the care and exercise of horses and related equestrian activities, and any other
uses or structures incidental or ancillary to use and operate an equestrian center.
• There is an existing single-family residence and caretaker's apartment on the property, which the applicant
is requesting to continue to be used for residential purposes.
• Riding stables are permitted in the A-R zone with a Conditional Use Permit.
• There are several existing structures that are located within the front and side street setbacks and would
therefore be non -conforming once annexed. To address this, the applicant has applied for a development
agreement in lieu of a conditional use permit for a waiver of the setbacks if the Commission and Council
determine that the structures are not detrimental to the surrounding neighborhood as described in the CUP
criteria.
• The applicant is proposing to continue using existing well and septic. However, per ECC 8-2-1 domestic
water and central sewer connections are required in the A-R zone unless the Commission and Council
determine that the public health, safety, and welfare will not be negatively impacted and a waiver is
appropriate. The subdivision proposed to the north by the applicant is proposing to extend City of Eagle
water to the site past this property. Therefore, municipal water would be available to this site and the
applicant should be required to connect once it is available.
U
Discussion:
Per Eagle City Code, one parking space is required per four horse stalls for all commercial riding stables. The
existing facility has 36 horse stalls therefore nine (9) parking spaces are required by code for the commercial
use. Additionally, the site has an existing single family residence on site which requires two (2) parking
spaces. Therefore, a total of 11 parking spaces are required. The site has 41 commercial parking spaces as
well as two (2) covered residential parking spaces.
Eagle City Code Section 8-4-3 requires commercial parking areas to be paved, the applicant is seeking a
waiver of this code section and requesting that the existing gravel parking area remain.
Because the site is commercial and not residential, no buffer lots are required along either street frontage.
However, the applicant should be required to construct a 10 foot sidewalk along Beacon Light Road and
Eagle Road as a requirement of the annexation. The Eagle Pathway Master Plan designates Eagle Road as a
walking and biking corridor and sidewalks are proposed on the site to the north; requiring sidewalks on
both frontages of this site will improve public safety for pedestrians and be consistent with annexation
conditions for other properties on Beacon Light Road.
Conditional Use Permit (CUP):
1. ECC Section 8-7-3-1 Exceptions or waivers of
standards within Title 8 or Title 9, other than use,
may be permitted through issuance of a
conditional use permit.
Conditional Use Permit Criteria:
EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular -facts and circumstances of each proposed Conditional Use in terms of the
following standards and shall find adequate evidence showing that such use at the proposed location:
A. Will, in -fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City Code Title 8) for the zoning
district involved, or section 8-7-3-1(C) of this chapter, or as may otherwise be established by this title;
B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the
Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity and that such use will not change the essential character of the same
area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. 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; or that the persons or agencies responsible for the
establishment of the proposed use shall be able to provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and 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;
H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on
surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic -feature of major importance.
Staff Recommendation:
• Based on the information provided to staff to date, if the
requested annexation and rezone from RUT (Rural Urban
Transition — Ada County designation) to A-R-DA-P
(Agricultural Residential with a development agreement -
PUD) is recommended for approval, staff recommends the
Conditions of Development on page 3 of the Staff Report be
placed within a development agreement.
Conditions of Development:
3.1 The Property will be used as an equestrian center, including but not limited to stables, rings, exercise areas, and associated facilities for the care and
exercise of horses and related equestrian activities, and any other uses or structures incidental or ancillary to use and operate an equestrian center. The
single-family residence and the caretaker's apartment on the Property may continue to be used for residential purposes.
3.2 Owner will use and further develop and expand the facilities on the Property subject to the conditions and limitations set forth in this Development
Agreement. Further, Owner will submit such applications as may be required by City Code, which shall comply with City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The current Site Plan is attached as Exhibit C. The City understands and agrees that certain changes in that plan 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 Site Plan, notice shall be provided as may be required by the City.
3.4 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, the Owner will submit
such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if
applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the
time such applications are made except as otherwise provided with this Agreement.
3.5 The applicant shall be required to construct a 10-foot wide sidewalk along the frontage of both Beacon Light Road and Eagle Road prior to the
adoption of the annexation ordinance. The construction plans shall be approved by ACHD and the City prior to construction.
3.6 The applicant shall be required to submit a design review application in accordance with Eagle City Code 8-2A for review and approval prior to
adoption of the annexation ordinance.
3.7 The applicant shall be required to connect to City of Eagle Water within 180 days of the water system adjacent to the site being constructed and
accepted by the City of Eagle.
3.8 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 ofthe installation of the municipal fiber-optic conduit lines, the applicant shall provide GIS
coordinates ofthe 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.
3.9 The applicant shall adhere to all requirements of the Ada County Highway District, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. j
it
TI ERPO1 NTE SUBDIVISION
A-09-22/RZ-12-22/PP-18-22
Eagle Planning and Zoning Commission Public Hearing
February 6, 2023
City Staff: Michael Williams, CFM, Planner III
Phone: 939-0227
E-Mail:
Project Summary
Dry Ventures, represented by Dave Yorgason, is requesting:
• Annexation, Rezone with Development Agreement (in lieu of a PUD),
and Preliminary Plat approvals for Tierpointe Subdivision, a 72-lot,
(66-buildable, 6-common) residential subdivision.
• The 16.01-acre site is located on the north side of State Highway 44
approximately 0.6-inile west of the intersection of State Highway 44
and North Linder Road.
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2
4/21/2023
Issues of Special Concern
• Front setback based on the location of the separated sidewalk
(Condition of Development #3.5)
• Storage Trunk Line Fee (STL) (SSC #4)
• Fencing (SSC #5 and 14)
• Streetlight locations (SSC #6)
• Existing dwellings (SSC #7)
Front setback based on location of sidewalk
3.5 The setbacks shall be as follows:
Front 21-feet (living space/side
entry garage)
36-feet (front -load garage)
Rear I5-feet
Interior Side 5-feet (first story) 5-feet
(each additional story)
Street Side 20-feet
Maximum Lot Coverage 60%
Site Specific Conditions of Approval
4. The applicant shall pay the required $69,300.00 preliminary plat Storage
Trunk Line fee along with the associated final plat Storage Trunk Line fee at
the time of submittal of the first final plat application. (Resolution No. 08-
09)
5. Provide a revised fencing plan showing open style fencing located adjacent
to the north property line of Lot 20, Block 3. The revised fencing plan shall
be submitted with the design review application. (ECC 9-3-10)
14. 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).
Replace with ECC 9-3-10
Site Specific Condition of Approval
6. Provide a revised streetlight plan showing streetlights at the following
locations: 1) the corner of North Cascade View Avenue and West
Marble Street; 2) located in closer proximity to the intersection of
North Chrome Way and the proposed street within Mosscreek
Subdivision No. 2; and 3) at the pathway locations of where the
pathways will intersect West Marble Street or North Chrome Way. The
revised streetlight plan shall be provided prior to submittal of a design
review application. (ECC 9-4-1-5)
7. The applicant shall be required to move one (1) of the existing homes
to Lot 16, Block 1 (as shown on the preliminary plat, date stamped by
the City on December 8, 2022) and remove the remaining existing
house and accessory structures prior to the City Clerk signing the final
plat
Staff Recommendation
If the annexation and rezone with development agreement (in
lieu of a PUD) are approved, staff recommends the conditions
of development on .-toe 4. If the preliminary plat is approved,
staff recommends the site specific conditions of approval on
of the Staff Report and standard conditions of approval
on ).age L. of the Staff Report.
Planning Commission Recommendation
On June 6, the Eagle Planning and Zoning Commission voted 4
to 0 (Wright absent) to recommend I of the
applications with the conditions of development, site specific
conditions of approval, and standard conditions of approval
provided on page 11 of the Planning and Zoning Commission
Findings of Fact and Conclusions of Law.
4/21/2023
13
Existing
Proposed
North of site
South of site
East of site
Nest of site
am
14
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Compact Residential
RUT (Residential — Ada County
Agriculture
designation)
No Change
R-6-DA (Residential with a
Single-family residential
Development Agreement [in lieu of a
subdivision
PUD)
Compact Residential
R-5-DA-P (Residential with a
Single-family residential
development agreement-PUD)
subdivision (Mosscreek
Subdivision)
Neighborhood Residential
R-3-DA-P (Residential with a
State Highway 44 and a single -
development agreement-PUD)
family residential subdivision
(Bald Eagle Pointe Subdivision)
Compact Residential
MU-DA (Mixed Use with a
Single-family residential
development agreement [in lieu of a
subdivision (Eaglefield Village
PUD])
Subdivision)
Compact Residential
R-5-DA-P (Residential with a
Single-family residential
development agreement-PUD) and
subdivision (Mosscreek
RUT (Residential — Ada County
Subdivision future phase) and a
designation)
single-family residence,
7