Findings - CC - 2023 - A-12-22/RZ-14-22/PP-21-22 - Cascade Springs Sub. Annexation, Rezone from RUT to MU-DA and R-6-DA and a Preliminary Plat BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION,REZONE FROM )
RUT(RURAL-URBAN TRANSITION—ADA COUNTY )
DESIGNATION)TO MU-DA(MIXED USE WITH A )
DEVELOPMENT AGREEMENT [IN LIEU OF A PUD]) )
AND R-6-DA(RESIDENTIAL WITH A DEVELOPMENT )
AGREEMENT [IN LIEU OF A PUD])AND A )
PRELIMINARY PLAT FOR )
CASCADE SPRINGS SUBDIVISION FOR )
CHALLENGER DEVELOPMENT,INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-12-22/RZ-14-22/PP-21-22
The above-entitled annexation, rezone with a development agreement(in lieu of a PUD), and preliminary
plat applications came before the Eagle Planning and Zoning Commission for their recommendation on
April 17, 2023, at which time public testimony was taken and the public hearing was closed. The Eagle
Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly
considered the matter,makes the following Findings of Fact alid Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Challenger Development, Inc., represented by Becky McKay with Engineering Solutions, LLP, is
requesting an annexation, rezone from RUT (Rural-Urban Transition —Ada County designation)
to MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) and R-6-DA
(Residential with a development agreement [in lieu of a PUD]), and preliminary plat approvals
for Cascade Springs Subdivision, a 470-lot (400-buildable, 70-common) residential subdivision.
The 138.99-acre site is located on the west side of North Palmer Lane approximately 80-feet south of
the intersection of West Nordic Drive and North Palmer Lane at 755 and 833 North Palmer Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall(660 E Civic Lane,Eagle,Idaho)on
June 2,2022,at 6:00 PM, in compliance with the application submittal requirement of Eagle City
Code. The applications for this item were received by the City of Eagle on September 21,2022.
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 March 23, 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
March 24, 2023. The site was posted in accordance with the Eagle City Code on April 6, 2023.
Requests for agencies' reviews were transmitted on September 27, 2022, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT
(AS PROVIDED BY THE APPLICANT):
The applicant is requesting a development agreement in lieu of a PUD to allow development of
the property utilizing the two different zoning designations of R6-DA and MU-DA on the subject
property. The project includes a mixture of single-family residential lots ranging from 7,419
square feet to 44,400 square feet,with an average lot size of 10,004 square feet. The project also
includes attached single-family dwellings (townhomes) on lots ranging from 2,586 square feet to
10,442 square feet, with an average lot size of 3,804 square feet. The proposed gross density of
the development is 2.88 dwelling units per acre.
The proposed total open space consists of 37.69 acres, or 27.12% percent. The qualified open
space is 34.02 acres (24.48 percent), which exceeds the 20 percent required under the PUD
process. The qualified open space calculation does not include the 8-foot-wide local street
landscape buffers.
Justification for the Development Agreement is as follows:
a. The proposed DA request is in the public interest and advances the general welfare of the
community and neighborhood. The subject site is an enclave considering Snoqualmie River
is developed along the north boundary and Legacy or Snoqualmie Subdivision is developed
to the east. A development called Fountain Park Subdivision was approved by the City of
Star along the south boundary. The property is adjacent to existing public facilities. A 21-
inch sewer main line and the Palmer lift station is located on the east side of Palmer Lane. A
12-inch Eagle City water main line is located within Palmer Lane at the parcel's northeast
corner. Considering the significant urban development in the area, the current agricultural
use has become incompatible with the single-family residential uses in the area. The
contribution to the economic welfare of the Eagle community will be enhanced by the
proposed development, infrastructure improvements, recreational amenities, and multi-use
pathways.
b. The proposed design shows sensitivity to the natural topography, waterways, and trees. The
Middleton Mill Canal bisects the property and Drainage District No. 2 feeder drain is
located along the northern boundary. The site design has incorporated the waterways and
provided for multi-use pathways and trails along the canal and drain. The primary collector
roadway is aligned with W. Panco Street on the east side of Palmer Lane within the Legacy
project. Great care was taken to maintain the openness within the project by locating the
collector roadway along the Middleton Mill Canal and allowing for common areas, the
central amenity, and extensive landscaping along the roadway and at the entrance. The
project embraces the N. Palmer Lane with significant landscaping, roadway improvements,
and a 10-foot-wide sidewalk. A parking area will be constructed with gravel and wheel
restraints, providing for trailhead parking off Palmer Lane. Considering the existing and
proposed developments in the area, the Cascade Springs project will not change the
character or appearance that has been established with the adjoining urban subdivisions.
c. The proposed development will not be hazardous to the existing urban, rural residential and
agricultural uses in the vicinity.
d. The proposed project will not be detrimental to the general welfare of the community. The
development will enhance the community by providing amenities which exceed the normal
requirements for open space,pathways,and recreation.
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e. Essential public services are available in the area to provide sewer, water, drainage,
fire/police protection, and transportation. The development will extend services, make
transportation improvements, and provide open space and recreational facilities to meet the
needs of the future residents.
f. Analyzing the fiscal contribution of property taxes generated by the Cascade Springs
development,the project will not create excessive public costs for services.
g. The development includes 37.69 acres of open space areas. Approximately 14.71 acres will
be natural and manicured open space along the Middleton Mill Canal and Drainage District
No. 2 minor drain, with 3.9 miles of public multi-use pathways, trails and pedestrian paths.
There are eight(8)park areas with amenities distributed throughout the project. A 2.38-acre
central park area with a swimming pool facility, playground, picnic shelter and parking area
will be located adjacent to W. Panco Street. Multiple parks are located within the project
with play equipment, gathering areas,pickleball courts, shuffleboards, workout stations, and
picnic areas along with linear open space and two(2)ponds.
h. The project entrance on N. Palmer Lane aligns with the existing eastern collector of W.
Panco Street. A second vehicular approach is proposed along N. Palmer Lane to provide
access to the trailhead parking lot. The development includes two collector roads,W. Panco
Street and N. Hamlin Avenue. N. Hamlin Avenue connects to State Highway 44 and is
intended to be extended north to connect to the realigned Floating Feather Road and Beacon
Light Road. Snoqualmie River has constructed a portion of Hamlin which is stubbed to the
drain. The developer of Cascade Springs will be required to install a vehicular crossing to
connect to N. Hamlin Avenue. Palmer Lane is designated as a mid-mile collector roadway,
and the applicant will be required to improve the roadway along the project's frontage. The
improvements include widening and installation of vertical curb and a 10-foot-wide
sidewalk.
i. The development will not result in the destruction of any natural, scenic, or historical
features on the subject site. A Natural Features Analysis was prepared for the development
by Ecosystem Sciences, LLC. The analysis indicated the property had been in agricultural
production for a significant amount of time. The developer has taken great care to preserve
the Middleton Mill Canal corridor and the Drainage District No. 2 minor drain. Existing
trees are located around the two existing homes which have been incorporated into the site
plan. The two existing ponds will be retained, improved, and landscaped. The analysis
concluded that development of the property could be accomplished without major disruption
of sensitive areas.
j. The Eagle Comprehensive Plan Land Use Map designates the property as Mixed-Use and
Professional Office/Business Park. Since the surrounding properties are developing as
single-family residential subdivisions and no vehicular access to State Highway 16 is
allowed, the use of the subject property for a business or office development with a mixture
of residential uses is not practical nor preferred. The proposed uses of detached and single-
family homes provide the best transition and compatibility with the surrounding residential
land uses. The proposed development provides a mixture of housing types with varying
densities. The proposed gross density of 2.88 dwelling units per acres is within the City's
vision of 3 dwelling units or less for this parcel.
k. The proposed project is harmonious with general provisions and specific objectives in Eagle
City Code Title 8.
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1. The Cascade Springs development will benefit the area by providing diversity in lot sizes
and different housing options. The community will provide a neighborhood with a
multitude of activities, open space, and recreational pathways above and beyond a standard
subdivision. The incorporation of 3.9 miles of pathways and trailhead parking within the
development reflects the applicant's commitment to provide a public benefit that exceeds
any deviations from the standard district regulations. The applicant is requesting a
modification of the rear setbacks for specified lots which are negatively affected by the
Middleton Mill Canal and the Drainage District No.2 minor drain.
The proposed dimensional standards are as follows:
Attached Single-Family Lots within the R-6-DA:
• Minimum Lot Size: 2,586 SF
• Minimum Lot Width: 26 feet
• Front Setback: 25 feet(measured from back of walk to garage)
• Front Setback: 20 feet(measured to living space)
• Rear Setback: 20 feet
• Side Setback: 5 feet and zero-lot line for attached single-family dwellings only.
• Street Side Setback: 20 feet
Detached Single-Family Lots within the MU-DA:
• Minimum Lot Size: 7,419 SF
• Maximum Lot Coverage: 50 percent
• Minimum Lot Width: 67 feet
• Minimum Street Frontage: 35 feet
• Front Setback: 25 feet(measured from back of walk to garage)
• Front Setback: 20 feet(measured to living space)
• Rear Setback: 20 feet
• Rear Setback: 15 feet(Applicable to Lots 3-11 &13-17, Block 1; Lots 2-5 & 7-10, Block
2;Lots 14-16,Block 4)
• Side Setback: 7.5 feet(1s'story and 5 feet for 2nd story)
• Street Side Setback: 20 feet
**Bonus Rooms over Garages will not be considered a Second Story
in. Eagle Sewer District has capacity to serve the subject development with the existing
regional Palmer Lift Station. An existing 21-inch sewer mail line is currently present in
Palmer Lane. The applicant will extend sewer mains into the subject site for service. The
City of Eagle will provide water service to the project from the two wells located within the
Legacy project. An existing 12-inch water main is located at the property's northeast
boundary. The applicant will make connections to the water mains in the Snoqualmie River
stub street providing for looping of the water system. Fire protection will be provided by the
City of Eagle, which has multiple stations to serve the community. The Ada County
Sheriff's Department will provide police protection, with a station located in downtown
Eagle. Ambulance services will be provided by the Ada County Paramedics serving the
Eagle and Star area.
n. There should be no public costs associated with the new development. The developer will
provide all necessary infrastructure improvements within the development, including streets,
storm drainage, sewer,water, and pressure irrigation at his expense.
o. An estimate of the property taxes generated by the development has been provided as an
attachment along with a combined calculation based on current tax levies.
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p. Extensions of sewer and water, pressurized irrigation, roadways, etc., will be accomplished
at the expense of the developer. The development will also be subject to STL fees for
domestic water service, sewer hookup fees, transportation, and city impact fees. The
development will also be required to provide transportation mitigation based on the
recommendations of the traffic impact study.
q. The proposed attached and detached single-family uses will be compatible with existing
residential development in the area. The site design was prepared to provide lot sizes
comparable to adjoining residential lots. The attached single-family lots adjoin State
Highway 16 and are adjacent to the Middleton Mill Canal. The property located south of the
townhomes is waste land and segregated from its parent parcel from Drainage District No. 2.
r. The amenities within the development will benefit the future residents of Cascade Springs
Subdivision and the surrounding community.
S. The proposed uses provide a variety of residential lots, extensive open space and amenities
within the project are fundamental to the overall development.
t. The development has adequate access to two collector roadways —N. Palmer Lane and N.
Hamlin Avenue. The internal collector roadway, W. Panco Street, will provide the primary
access for the development as specified in the ACHD Master Street Map. Interconnectivity
with Snoqualmie River and Fountain Park Subdivisions will create a cohesive neighborhood.
u. A traffic study prepared by CR Engineering, Inc., was prepared analyzing the impact of the
project on the street network. The proposed intersections meet ACHD Policy Manual
requirements for operation, sight distance and intersection offset standards. Conditions of
approval outlined in the Ada County Highway District staff report are applied incrementally
to mitigate the impact of traffic generated by the development.
V. The proposed total open space of 37.69 acres (excluding the 8-foot-wide local street
buffers), constituting 27.12 percent of the property, exceeds the minimum requirements for
the planned unit development. The quality of the design embraces the existing features such
as waterways, ponds, topography, view, sun orientation, pedestrian/vehicular opportunities,
and physical environment.
w. Consideration for the topography, waterways, existing trees, view corridors, pedestrian and
bicycle opportunities, and traffic circulation were critical in the site design. The locations of
the central park areas, linear open space, pocket parks and pathways were strategic to
provide a walkable community within the City. The quality of the development exceeds that
of a standard subdivision.
The combination of varying lot sizes with attached and detached homes - providing for a
range of different dimensional standards and setbacks - will create a synergy within the
development that sets it above other projects.
x. The boulevard entrance and collector with significant landscape buffers will create a
welcoming environment along with entry features that are inviting to residents. The
attention to detail given to the site and landscape planning is reflected throughout the
project. The developer will take great care to provide diversity in home styles and materials
to maintain the exceptional quality of the overall project. The creativity, diversity and
quality demonstrated by the site plan exceeds that of a typical subdivision.
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y. The serviceability of the subject site has been planned for years, with installation of the
Palmer Lift Station, the 21-inch sewer main line and two domestic wells within the Legacy
development. Future improvements and alignments have been identified within the Eagle
Transportation Plan and ACHD Master Street Map. The ACHD Capital Improvement Plan
lists timeframes and allocation of funding for future improvements to the street network
within the general area. ITD Mitigation fees paid by adjoining projects and future
developments will be used to signalize the Palmer Lane and State Highway 44 intersection
in the future.
z. There are no health, safety or environmental problems associated with development of this
site or the proposed project.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Northern Portion: Mixed Use
Existing RUT(Rural-Urban Transition Proposed Residential
Southern Portion: Professional _Ada County Designation) Subdivision
Office/Business Park
Northern Portion: Mixed Use
(No Change) R-6-DA(Residential with a
Proposed Development Agreement) & Proposed Residential
Southern Portion: Professional MU-DA(Mixed Use with a Subdivision
Office/Business Park(No Development Agreement)
Change)
Single-Family Residential
North of site Neighborhood R-2-DA-P(Residential with a Subdivisions(Snoqualmie
Development Agreement) River Subdivisions Nos. 1,
2,and 3)
R-5-DA(Residential with a Future Residential
Professional Office/Business Development Agreement) Subdivisions(Talega
South of site Park and RUT(Rural-Urban Village Subdivision and
Transition—Ada County Fountain Park Subdivision
Designation) (City of Star))
R-2-DA-P(Residential with a
Development Agreement— Single-Family Residential
East of site Neighborhood PUD)and RUT(Rural-Urban Subdivision(Snoqualmie
Transition—Ada County Falls Subdivision No. 14)
Designation)
Single Family Residential
Homes,a Future
RUT(Rural-Urban Transition Residential Subdivision
Estate Rural Residential(City of —Ada County Designation) Rosti Farms Subdivision
Star
West of site ) and R-3PUD-DA
No. 7 (City of Star
(Residential—City of Star Designation)), and State
Designation) Highway 16
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COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATION EXHIBIT
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA, CEDA, or DSDA.
I. SITE DATA:
Total Acreage of Site— 138.99-acres
Total Number of Lots—470
Residential—400
Commercial—0
Industrial—0
Common—70
Total Number of Units—
Single-family-270
Single-family attached- 130
Two-family-0
Multi-family—0
Total Acreage of Any Out-Parcels—none
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 2.88-units per acre 2.88-units per acre maximum
(as limited by the development
agreement)
Minimum Lot Size MU: 7,419-square feet MU: 5,000-square feet
R-6: 2,586-square feet R-6: 1,600-square feet
Minimum Lot Width MU: 65-feet MU: 50-feet
R-6: 26-feet R-6: 20-feet
Minimum Street Frontage MU: 40-feet MU: 35-feet
R-6: 20-feet R-6: 20-feet
Total Acreage of Common Area 37.69-acres(inclusive of planter 27.80-acres(minimum)
strips)
Percent of Site as Common Area 27.1% 20%(minimum)
Percent of Common Area Space as 90.3% 15%(minimum)
Active Open Space
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing a 75-foot-wide landscaped buffer along the east side of State Highway
16 (SH16) that is located outside of a 100-foot-wide ITD right of way setback. The applicant is
also proposing a 50-foot-wide landscaped buffer along the west side of North Palmer Lane.
Common Area Open Space:
A total of 37.69-acres (approximately 27.1%) of open space is proposed within the subdivision.
Approximately 34.03-acres (90.3%) of the proposed open space is considered to be"Open Space,
Active" as defined by Eagle City Code Section 9-1-6. The common area open space consists of
an extensive network of community micro and multi-use pathways adjacent to the Middleton Mill
Ditch Company canals and Drainage District No. 2 canals that traverse through the site.
Additionally, large central common areas are located throughout the site and include:
• A pool facility with changing rooms and a parking lot(Lot 1,Block 6;2.38-acres)
• Workout stations and a covered seating area with a barbeque(Lot 5,Block 7; 2.46-acres)
• Covered seating areas with large open space(Lot 1,Block 5; 1.49-acres)
• Children's Play Area(Lot 1,Block 12; 1.34-acres)
• Pickleball and Shuffleboard Courts(Lot 8,Block 13; 1.45-acres)
• Existing pond to remain(Lot 19,Block 4; 0.71-acres)
• Public Parking with Trailhead(Lot 18,Block 4; 2.28-acres)
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Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so
graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff
shall cross any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 10-feet wide.
Eagle City Code section 9-4-1-8 requires all utilities be located underground.
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 existing septic systems on site are to be removed.
Pressurized Irrigation:
The subject property has water rights(139 shares)with the Middleton Mill Ditch Company and
the development will contain a pressurized irrigation system that utilizes those water shares.
Preservation of Existing Natural Features:
The subject property has two existing detached single-family residences that have mature trees
that are proposed to remain within the proposed development within Lot 25, Block 4, and Lot 34,
Block 4,respectively.
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.
Public Streets:
The public streets are to be designed and constructed as required pursuant to the ACHD report,
date stamped by the City on February 22,2023 (attached herein).
Applicant's Justification for Private Streets:None proposed.
Blocks Less Than 500':None.
Cul-de-sac Design:
The preliminary plat, date stamped by the City on February 22, 2023, shows the cul-de-sacs with
a 51-foot radius inclusive of a landscape island with a 10-foot radius.
The preliminary plat shows three(3) cul-de-sacs as follows:
• North Beckwith Court:480-feet in length.
• West Segwick Court: 420-feet in length.
• North Gunnison Place: 280-feet in length.
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Sidewalks:
The preliminary plat shows typical street sections for the entrance off of West Palm Lane, the
internal public streets and the cul-de-sac streets with detached 5-foot-wide sidewalks separated by
an 8-foot-wide landscape planter strip.
There will be a 5-foot-wide sidewalk separated by an 8-foot-wide landscape planter strip located
on the west side of North Palmer Lane.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior streets.
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.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat shows five-foot wide sidewalks (separated from the curb by an 8-foot-wide
curb adjacent planter strip) on both sides of each street throughout the subdivision as well as a
comprehensive system of pedestrian pathways that include 12-foot-wide natural surface, 12-foot-
wide concrete pathways, 10-foot-wide concrete pathways, and 8-foot-wide concrete pathways
located within common lots and adjacent to the Middleton Mill Ditch Company Canals and
Drainage District No. 2 Canals.
L. PUBLIC USES PROPOSED:
The applicant has proposed a public trailhead with a gravel parking lot with nine(9)parking stalls
within Lot 18, Block 4, that takes access from North Palmer Lane and provides a centralized
location for users to utilize the pedestrian pathways on site.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
N. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will be served by the City of Eagle Municipal Water System. The property will be
served by Eagle Sewer District upon installation of the required infrastructure. The applicant will
be required to install fiber-optic conduit within the joint trench for future connection.
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O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion— no
Fish Habitat— no
Floodplain—no
Mature Trees—yes
Riparian Vegetation—no
Steep Slopes— no
Stream/Creek— yes—Middelton Mill Canal and Drainage District No. 2
Unique Animal Life— none discovered through natural features analysis
Unique Plant Life—none discovered through natural features analysis
Unstable Soils— unknown
Wildlife Habitat—no
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
The applicant submitted Natural Features Analysis (NFA)prepared by Ecosystem Sciences, LLC,
dated March 8,2023,to the City of Eagle and it is attached to the staff report. The submitted NFA
addresses the methods in which the analysis was conducted, the review of the on site hydrology,
topography, vegetation, hazardous areas, wildlife species observed, and if any sensitive plant and
wildlife species were present within the subject property, in accordance with Eagle City Code
Section 8-6-7.
A summary of the NFA states that the proposed project's most significant impact to its natural
features as a result of the proposed transition from mostly agricultural-based uses to a residential
subdivision will be a loss of open space and a decrease in agricultural production. However, with
the area's conversion to a residential development, more trees and shrubs will be planted. The
wildlife species that use the project area will likely change. In addition, the existing ponds and
major waterways will be improved.
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments,which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated December 16, 2022, are of
special concern(see attached).
Ada County Highway District
Compass
Eagle Sewer District
Idaho Transportation Department
Middleton Star Fire District
R. RESPONSE FROM THE EAGLE PARKS, PATHWAYS, AND RECREATION
COMMISSION:
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent's memo dated February 16, 2023, are of special concern (attached to the staff
report).
S. LETTERS FROM THE PUBLIC: None received to date.
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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:
8 El
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IFSH-44
EAGLE IS HOME Comprehensive Plan—Future Land Use Map
• The Eagle is HOME Comprehensive Plan designates this site as:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial, and residential.
Residential densities within the designation is up to 20 units per acre, but density will be
determined on a site by site basis. Uses should complement and not take away from downtown
Eagle. Development within this land use designation should be required to proceed through the
PUD and/or development agreement process. See the planning area text for a complete
description of site specific uses.
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Professional Office/Business Park
Suitable primarily for the development of technical park/research and development facilities,
professional office/office complexes, and limited manufacturing activities, including small-scale
production, distribution, and storage of goods. Support activities may also be permitted. Retail
may be permitted as an ancillary use within this land use category. Smaller medical uses such as
dentist offices and other outpatient clinics are also encouraged. All development within this land
use shall be designed to be within a landscaped setting and be free of hazardous or objectionable
elements such as noise, odor, dust, smoke, or glare. Such development should be operated
entirely within enclosed structures and generate minimal industrial traffic. Development within
this land use designation should be required to proceed through the PUD process.
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses.
Commonly requires a transition/change in density, lot sizing, and building scaling with a specific
parcel or project. Base densities may be reduced or units may be clustered to increase open space
within a portion of a site when property is in this overlay. Neighborhood design will be
paramount in this overlay to ensure appropriate transition between uses. See specific planning
areas for further description.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
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KAPlanning Dept\Eagle ApplicationASUBS\2022\Cascade Springs Sub A RZ PP\03-Working Files\03-Planning and Zoning\Cascade Springs Sub-PZF.doc
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EAGLE IS HOME Comprehensive Plan —Planning Areas
6.7 Floating Feather Planning Area
The Floating Feather Planning Area is designated as a residential area with limited ancillary
non-residential uses to be incorporated as allowed by the planned unit development standards. This area
should contain trails, open space, and parks in conjunction with varied housing options. The City will be
working with land owners and developers in this area to site a regional community park consistent with
the Parks Master Plan. The designation of the area is Neighborhood Residential with overall density of up
to 1-2 units per acre. The following land use and development policies are specific to the Floating Feather
Planning Area.
6.7.1 Floating Feather Land Uses
A. Encourage the integration of mixed residential lot sizes with an overall density of 1-2 units per acre;
clustering should be used to accommodate open space and unique neighborhood design (i.e. view
corridors,boulevards, and green spaces).
B. Ancillary neighborhood commercial and retail uses should be designed and scaled for serving the
immediate neighborhood within the Floating Feather Planning Area. Non-residential uses should be
designed to create a center that is integrated into the residential community including
pedestrian/bicycle access, continuity of design and scaling with residential uses. Strip commercial
should not be allowed.
C. Development should be setback from streams and irrigation/drainage canals. These areas should be
incorporated into trails and open spaces.
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KAPlanning Dept\Eagle Applications\SUBS\2022\Cascade Springs Sub A RZ PP\03-Working Files\03-Planning and Zoning\Cascade Springs Sub-PZF.doc
D. Transitional lot sizes and clustering should be used when new development abuts existing
subdivisions,businesses, and office uses to the south of the planning area.
E. The clustering of residential lots should be encouraged near school sites and park facilities. The
inclusion of trails and pathways to the school facilities, coupled with increased density of housing,
will decrease busing concerns. Preference will be given to siting elementary schools in this area.
F. The Draft Eagle Parks Master Plan encourages the City to locate a park in this planning area. The
City should work with developers to find and acquire a site in conjunction with or prior to the
development of the area.
6.7.2 Floating Feather Access/Connectivity
A. Access into the area will be from Floating Feather Road, Linder Road, and a future collector from
the Village Planning Area, and local connections from the '/2-mile commercial ring road located in
the Moon Valley and State Planning Area. Direct lot or residential development access to the state
highway system(SH-44 and SH-16)should not be allowed.
B. All uses shall rely on the development of a proper street hierarchy, including local and collector
streets, to safely and efficiently move traffic through the area without forcing local trips onto the
regional roadway network.
C. Floating Feather Road is identified as minor arterial from State Highway 16 to State Highway
55. The intent is for Floating Feather to overpass State Highway-16 and not be connected in the
future. Special consideration should be given for the improvement and realignment of Floating
Feather Road. Design standards should include separated sidewalks and street trees similar to
Floating Feather east of Eagle Road.
D. The State Highway 16 corridor should be designated as a scenic corridor requiring berming and
landscaping within the City of Eagle. Direct lot access to State Highway 16 should not be allowed.
E. Development immediately east of SH-16 should include the construction of a collector, internal to
the planning area, connecting Beacon Light Road to the Moon Valley and State Planning Area.
F. At the western edge of this area, Linder Road is to be developed as a boulevard. The boulevard
should be designed to include street trees, separated sidewalks, and landscaped medians. Sufficient
rights-of-way and setbacks should be preserved to facilitate the construction of this roadway.
6.7.3 Floating Feather Design
A. This area should be recognized as a signature residential area for the City. The integration of
varying lot sizes, housing types, and uses should be seamless with continuity of street design, open
space,and trails throughout the area.
B. The area is not intended to be developed by a single developer but connectivity of trails and open
space,as well as,local and collector roadways is expected.
C. Feather Road and State Highway 16 are designated as minor entry point to the City of Eagle and
should be developed with appropriate landscaping, entry signage, and place-making features that let
people know they are entering the City.
D. Lot configuration and housing styles should be mixed throughout the area to provide a variety of
housing options within a single neighborhood or development. Lot sizing may be varied as long as
the overall density is not exceeded.
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KAPlanning Dept\Eagle Applications\SUBS\2022\Cascade Springs Sub A RZ PP\03-Working Files\03-Planning and Zoning\Cascade Springs Sub-PZF.doc
6.7.4 Issues of Concern
A. The main concerns in the development of the Floating Feather Planning Area are the integration of
varying lot sizes and housing styles. The vision for the area is contingent on the integration of uses
and providing a flow of housing units throughout the area to avoid creating defined separation from
estate areas and patio home areas. Further, the provision of open space and trails through the area
should be a key element in the approval process for developments that are proposed in the area.
6.10 Moon Valley& State Planning Area
The Moon Valley and State Planning area is located at the crossroads of two State Highways (State
Highway 16 and State Highway 44). Due to the nature of the existing and proposed regional
transportation network the Moon Valley and State Planning Area is designated for regional commercial
and employment uses that desire high visibility and traffic counts. The intent is to provide regional scale
uses that are intended to serve a market area from north Meridian to Emmett and from western Canyon
County to Eagle. This intensity of use is not desired in other portions if the City and should be designed
to be a signature Eagle marketplace with landscaping, building architecture, and signage consistent with
Eagle's design standards.
The area while visible from the state highway systems should be internally focused and will rely on the
development of a commercial collector system connecting from the state highway system to the local
roadway network. The following land use and development policies are specific to the Moon Valley &
State Planning Area.
6.10.1 Moon Valley&State Land Uses
A. A Regional Commercial area (not to exceed 40 acres) is designated at the NE intersection of State
Highway 44 and State Highway 16. This Regional Commercial is intended to serve the City of Eagle
and most of northwest Ada County.
B. This area may allow for a grocery or retail component and limited big box development, similar to
the center located at State Highway 44 and State Highway 55.
C. Employment use, such as business/technical park uses, should be encouraged north and east of the
State Highway 44 and State Highway 16 intersection and the regional commercial area.
D. This area should be designed to capitalize on the existing drainage/irrigation canals in the area as
amenities by providing trails and open space throughout the non-residential area. For this reason,the
City should work with drainage districts and irrigation providers to establish standards for these
uses.
E. Office uses with a mixture of limited/cottage retail uses should be encouraged between Moon Road
and State Highway 44.
F. In addition to vehicular circulation, Moon Valley Road should be designed to allow safe and
efficient pedestrian and bicycle access.
G. Office and cottage retail uses should be designed to a pedestrian scale to encourage users to park
once and walk between stores, as well as, to encourage pedestrian and bicycle access from the
residential uses located south of Moon Valley Road in the River Plain Planning Area.
H. Drive thru and strip commercial uses should be discouraged in this area.
I. This area should be designed and developed as a major entry point to the City of Eagle. Signage and
landscaping similar to the State Highway 44 and Horseshoe Bend Road area should be included in
this area. Additionally, architecture, landscaping, and signage should be designed to make it clear
that travelers are entering the City of Eagle.
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6.10.2 Moon Valley& State Access
A. Access to the Moon Valley& State Planning Area will be limited to the existing access points at the
intersection of Moon Valley and State Street and the 1/2-mile commercial collector ring road
connecting State Street at Palmer Lane to Highway 16 1/2-mile north of State Highway 44.
B. The business and commercial area to the north of State Highway 44 shall gain access from a %2-mile
ring road connecting State Street at Palmer Lane to Highway 16 %2-mile north of the intersection of
State Highway 16 and State Highway 44. No other full access points should be allowed in the area
without approval from ITD.
C. Internal circulation should be used to move traffic within the area.
D. Access Moon Valley Road should be at the signalized intersection of Highway 44 and Moon Valley
Road and a potential right-in/right out at the intersection of State Street and Short Road, unless
otherwise approved by the City, ACED and ITD. All single parcel direct access points to State
Highway 44 should be eliminated during the development process.
E. A pathway and trails network should be encouraged to link pedestrian access from the Boise River
north to the Moon Valley area and across State Street to the commercial/business areas as well as the
village center to the north.
6.10.3 Moon Valley& State Design
A. Moon Valley Area:
1. The development of the Moon Valley Area should be designed so uses focus on the existing
Moon Valley Road and bring activity and uses to the road by creating a pedestrian friendly area
that prioritizes walking and nonvehicular mobility.
2. The area should include street trees,plazas,benches,and sidewalks.
3. Common parking areas to the sides of buildings with shared parking should be encouraged to
minimize walking distance between businesses and providing a welcoming feel to pedestrians and
bicyclists entering the area from the Boise River greenbelt.
4. On-street parallel and angled parking should be encouraged where sufficient right-of-way is
available.
6.10.4 Moon Valley& State Design
A. One of the main concerns in developing this area for a variety of uses is the need to maintain a
balance among the various employment opportunities that this type of mixed use affords. The
goal is to create an environment where a broad range of employment opportunities is
available. To achieve this goal, regional commercial uses must be limited to provide sufficient
opportunity for the business/technical park development. Regional commercial uses should not
be allowed to develop as strip commercial along the State Highways. To ensure the integrity of
the plan,regional commercial uses in the area must be limited to 40-acres in size.
B. Another concern is the access to the Moon Valley Road Area. Short Road currently crosses the
area connecting State Street and Moon Valley Road. If this access point is not removed, it is
likely that development pressures may become very high and force commercial uses to front on
State Street. This would create a strip commercial area north of Moon Valley and south of State
Street that is not consistent with the intent of the plan.
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KAPlanning Dept\Eagle App1ications\SUBS\2022\Cascade Springs Sub A RZ PP\03-Working Files\03-Planning and ZoningWascade Springs Sub-PZF.doc
• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
States in part that Single-Family Dwellings (New), Single-Family Attached Dwellings, and
Personal Wireless Facilities (height—over 35') requires approval of a conditional use permit
within the MU (Mixed Use) zoning designation. Also, Schools, Public or Private, requires
approval of a conditional use permit within the R(Residential)zoning designation.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
r
Minimum Yard Setbacks Minimum
Note Conditions A To E* Lot Area
1 Zoning Maximum (Acres Or jWidth
District Maximum Front Rear Interior [Street Lot Covered Square
Height Side Side F And J* Feet)H*35' 20' 15' 5, 20' NA 2,000 MU 35' 20' 20' 7.5' 20' 50% 5,000
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
• Eagle City Code Section 8-2A-7 (n(4)(a&b): Landscape and Buffer Area Requirements:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty-five feet(35')wide buffer area(not including right of way)shall be
provided with the following plants per one hundred(100) linear feet of right of way: four
(4)shade trees,five(5)evergreen trees,and twenty-four(24)shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent(50%)of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall
be three feet (3') horizontal distance to one foot (l') vertical distance. If a decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be
provided in combination with the berm, a four foot (4') wide flat area shall be provided
for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted.
b. Any road designated as a minor arterial on the transportation and pathway network plan
in the Eagle comprehensive plan:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: five
(5)shade trees, eight(8)evergreen trees,three(3)flowering/ornamental trees,and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
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KAPlanning Dept\Eagle Applications\SUBS\2022Wascade Springs Sub A RZ PP\03-Working Files\03-Planning and ZoningWascade Springs Sub-PZF.doc
• Eagle City Code Section 8-6-1: Planned Unit Developments:Purpose, Goals, and Objective:
A. Purpose: The purpose of this chapter is to establish clear development standards that will
achieve the city of Eagle's vision for development as presented in the Eagle
comprehensive plan. The standards will be designed to create livable communities that
provide exemplary open spaces and recreational opportunities, that encourage a
diversification of housing types, styles and living options for a wide range of income
levels and lifestyles,and thereby enhance the living experience within the city of Eagle.
B. Goals: To provide guidance and establish expectations for development within the city of
Eagle. The PUD provides clear standards and options for development within the city
including lot sizing,open space and the diversification of housing types.
C. Objective: To guide land development and construction through the planned unit
development(PUD)to achieve the following:
1. A maximum choice of living environments by allowing a variety of housing and
building types, lot dimensions,yards,building setbacks and area requirements;
2. A more useful pattern of open space and recreation areas and, if permitted as part of
the project, more convenience in the location of accessory commercial uses, office
uses and services;
3. A development pattern which preserves and utilizes natural topography and geologic
features, scenic vistas, trees and other vegetation, and prevents the disruption of
natural drainage patterns;
4. A more efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
5. A development pattern in harmony with the objective for land use density,
transportation and community facilities as presented in the comprehensive plan.
• Eagle City Code Section 8-6-5-5:Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options,the following
design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title, except that a decrease in the minimum lot size
may be allowed if there is an "offsetting increase" of the same square footage in open
space and a favorable finding is made by the council that the smaller lots are
appropriately integrated into the overall design and that the building product type is
compatible with the PUD and surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point
for minimum open space,prior to any "offsetting increase" being added, shall be the area
that is equal to ten percent (10%) of the site. This allowance shall only be permitted
under the following criteria:
1. The total common area open space shall be equal to or greater than twenty percent
(20%),inclusive of the"offsetting increase" square footage.
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:
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KAPlanning Dept\Eagle ApplicationsWIM2022\Cascade Springs Sub A RZ PP\03-Working Files\03-Planning and Zoning\Cascade Springs Sub-PZF.doc
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
A. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines. Easement width shall be ten (10') feet along rear and front lot lines and five
feet along each side lot line, except that lesser easement widths, to coincide with
respective setbacks,may be considered as part of a planned unit development.
B. A five foot(5')wide unobstructed drainageway easement shall be provided in conjunction
with the utility easement along each side lot line or as required by the city council,except
that lesser easement widths, to coincide with respective setbacks, may be considered as
part of a planned unit development.
• Eagle City Code Section 9-3-9:Water System:
The provision of a public water system shall conform to the following standards:
A. All subdivisions within the Eagle city water service area shall comply with title 6, chapter
5 of this code.
• Eagle City Code Section 9-4-1-8:Underground Utilities:
Underground utilities are required.
B. DISCUSSION:
• The proposed development is located within the City of Eagle's Municipal Water Service
Area. Pursuant to Resolution No. 8-09,payment of Storage and Trunk Line(STL) fee is to be
provided at the time of preliminary and final plat applications. The amount of the STL fee is
$2,100/Equivalency Residential Customer (ERC). An ERC is equivalent to each residential
buildable lot. The applicant has submitted a storage trunk line deferral request, within the
applicant's narrative, date stamped by the City on September 21, 2022, to the City of Eagle
Water Department. The request is to delay paying the required STL fee until submittal of the
final plat application associated with the STL fees. The preliminary plat STL fees to be paid
for the subject subdivision is 25% of the $2,100/Equivalency Residential Customer (ERC):
Based on 400-units, the total STL fee required for the subdivision is $840,000.00. The STL
fee required at the time of preliminary plat is $258,828.00. The applicant received approval
from the City of Eagle Water Department (of the waiver request) on April 7, 2023. The
applicant should be required to pay the required $258,828.00 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 development plan/final plat application. The applicant should be required to
pay the Storage Trunk Line fee (based on meter size) for the commercial uses and the school
site at the time of application for building permit(s).
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KAPlaming Dept\Eagle App1imtions\SUBS\2022\Cascade Springs Sub A RZ PP\03-Working Files\03-Plaming and ZoningWascade Springs Sub-PZF.doc
• The applicant has provided architectural elevations showing the styles of homes to be
constructed within the development. If the preliminary plat is approved the architectural
elevations will be included as an exhibit to the findings of fact and conclusions of law. The
applicant should establish an Architectural Control Committee (ACC) as a component to the
CC&Rs. The submittal of a building permit application to the city for each structure within
the development should be accompanied by an approval letter from the ACC. Also, no
similar front elevation (utilizing the same architectural style or color) of any residential
dwelling shall be duplicated:
o Within five(5)lots measured from each side lot line;
o Directly across the street and within five(5)lots(measured from each side lot line); and
o Directly behind any lot and within five(5)lots(measured from each side lot line).
• The submitted preliminary plat shows a variety of community amenities within common lots.
The applicant should be required to construct the following amenities with the associated
subdivision phase:
o Lot 1,Block 6-Pool facility with changing rooms and a parking lot(Phase 2)
o Lot 18,Block 4 -Public Parking with Trailhead(Phase 2)
o Lot 1,Block 5 -Covered seating area(Phase 2)
o Lot 5,Block 7 -Workout stations and a covered seating area with a barbeque(Phase 5)
o Lot 1,Block 12-Children's play structure/Area(Phase 6)
o Lot 8,Block 13 -Pickleball and Shuffleboard Courts (Phase 7)
The amenities should be constructed prior to the City Clerk signing the final plat for the
associated subdivision phase.
• The Eagle Parks, Pathways, and Recreation Commission (PPRC) reviewed the proposed
pathways associated with the development. The Trails and Pathways Superintendent provided a
memo dated February 16, 2023, with the PPRC pathway recommendation. The applicant should
be required to comply with the site specific conditions as outlined in the Trails and Pathways
Superintendent's memo, dated February 16, 2023, except for the removal of the 12-foot (12')
wide natural surface trail located within the future ITD right of way area and the inclusion of a
10-foot (10') wide concrete sidewalk within the 75-foot (75') wide buffer area located along the
western edge of the property. The required pathways should be completed with the associated
subdivision phase prior to the City Clerk signing the final plat.
• The applicant has submitted a preliminary plat that includes a gravel surfaced parking lot with
nine (9)parking stalls within Lot 18, Block 4. The drive aisle to access the parking lot is shown
as 14-feet-wide, the minimum dimensional standard for a two-way drive aisle with 90-degree
parking is 24-feet-wide, pursuant to Eagle City Code Section 8-4-4-2. However, other similar
trailhead related parking stalls have been approved at 20-feet-wide. The applicant should submit a
revised preliminary plat that shows a 20-foot-wide drive aisle off of North Palmer Lane that
provides vehicular access to the proposed parking lot prior to the submittal of the final plat.
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KAPlanning Dept\Eagle Applications\SUBS\2022\Cascade Springs Sub A RZ PP\03-Working Files\03-Planning and Zoning\Cascade Springs Sub-PZF.doc
• Through the development agreement in lieu of a PUD, the applicant may request setbacks that
differ from the setbacks required in Eagle City Code Section 8-2-4. The applicant has proposed
that most setbacks will comply with the requirements of the proposed zone (MU and R-6),
however, for twenty-five (25) lots, as specified below, the applicant is requesting that the rear
setback be decreased a total 5-feet(5')to be a total of 15-feet(15')instead of the required 20-feet
(20')within the MU-DA zone.
If approved,the required setbacks should be as follows:
MU-DA(Detached Single-Family Dwellings):
Front Setback: 20-feet
Front Load Garage: 31-feet(measured 25-feet from back of sidewalk)
Rear Setback: 20-feet
Side Setback: 7.5-feet(additional 5-feet per story)
Street Side Setback: 20-feet
MU-DA(Detached Single-Family Dwellings):
For Lots 3-11 and 13-17,Block 1;Lots 2-5 and 7-10,Block 2,and Lots 14-16,Block 4
Front Setback: 20-feet
Front Load Garage: 31-feet(measured 25-feet from back of sidewalk)
Rear Setback: 20-feet
Rear Setback: 15-feet
Side Setback: 7.5-feet(additional 5-feet per story)
Street Side Setback: 20-feet
R-6-DA(Attached Townhome Dwellings):
Front Setback: 20-feet
Front Load Garage: 31-feet(measured 25-feet from back of sidewalk)
Rear Setback: 20-feet
Side Setback: 5-feet between buildings;0-feet where townhomes are attached
Street Side Setback: 20-feet
• The western property line of the subject property abuts State Highway 16 which may present a
scenario where the area of land between the edge of pavement and the beginning of the subject
property is not landscaped or maintained. The developer of the Cascade Springs Subdivision
should landscape and maintain the area between the westerly property line to within 9-feet of the
paved surface of State Highway 16 (including the 100-foot (100') future ITD right of way
setback). The landscape plan should consist of sodded turf and be reviewed and approved by the
Design Review Board and the City Council prior to installation of the landscaping. The Owner
should provide a recorded copy of the ITD license agreement associated with the landscaping
located within the right-of-way area. The landscaping should be installed prior to the City Clerk
signing the final plat.
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KAPlanning DeptTagle Applications\SUBS\2022\Cascade Springs Sub A RZ PP\03-Working Files\03-Planning and Zoning\Cascade Springs Sub-PZF.doc
• The subject property currently has electrical service provided by utility lines located above
ground (see picture below). Eagle City Code Section 9-4-1-8 states, "Underground utilities are
required." The applicant should be required to bury all above ground utilities (other than
transmission lines within the right of way)prior to the City Clerk signing the first final plat.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on April
17, 2023, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the applications was presented to the Planning and Zoning
Commission by two(2)individuals who expressed concerns regarding:
• Their desire for the farmland and open spaces that exist throughout the area to be preserved.
• The development, as proposed, is too dense and will add too much traffic and congestion to the
roads.
• The irrigation ditches that exist within the property should be incorporated into the design of the
development.
• The development should be required to match the Legacy development to the north in terms of
general design,quality,and amenities.
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KAPlanning Dept\Eagle ApplicationASUBS\2022\Cascade Springs Sub A RZ PP\03-Working Files\03-Planning and Zoning\Cascade Springs Sub-PZF.doc
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning
and Zoning Commission by two(2)individuals who stated:
• There was opposition to the layout of the open space and road network during the neighborhood
meeting and that neighbors requested that the homes and open space be relocated within the
proposed property so that more open space would abut the Legacy development to the north.
• The homes along the northern boundary should be removed to allow for more open space in the
development.
• There is a lot of bird activity on the site which will be impacted by development.
• A concern regarding proposed safety measures for children along the canals.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission made a motion based upon the information provided by
staff and the testimony provided. A summary of the deliberation can be found at the following link
(Granicus time: 02:11:35):
hi!ps://eagle-id.granicus.com/plgyer/clip/1719?meta id=81339
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
The Commission voted 5 to 0 to recommend approval of A-12-22 and RZ-14-22 for a rezone from RUT
(Rural-Urban Transition — Ada County designation) to MU-DA (Mixed Use with a development
agreement [in lieu of a PUD]) and R-6-DA (Residential with a development agreement [in lieu of a
PUD])with the following staff recommended conditions to be placed within a development agreement:
3.1 The maximum gross density for the Property shall be 2.88 dwelling units per acre (400 single-
family lots).
3.2 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in that
concept may occur. If the City determines that any such changes require additional public comment
due to potential impacts on surrounding property or the community, a public hearing shall be held
on any proposed changes in the Concept Plan, notice shall be provided as may be required by the
City.
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3.4 The single-family dwellings and single-family attached dwellings shall be constructed in substantial
conformance with the architectural styles shown on (Exhibit D) (attached and incorporated herein
by reference).
The architectural styles provided by the applicant shall be the required architectural styles for the
development. To assure compliance with this condition, the applicant shall create an architectural
control committee (ACC) as a component of the subdivision 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 final plat application for
phase one.
The submittal of the building permit application to the City for each home within the development
shall be accompanied by an approval letter from the Architectural Control Committee (ACC).
Building permits applications that do not have an approval letter attached will not be accepted.
To assure compliance with the PUD conditions of approval herein, the City reserves the right to
deny, at its discretion, any building permit application that does not meet the architectural
requirements established herein.
3.5 The conditions,covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, fences shown, and amenities. The
owner shall provide an operation and maintenance manual including the funding
mechanism as an addendum to the CC&Rs and the repair and maintenance requirement
shall run with the land and that the requirement cannot be modified and that the
homeowner's association or other entity cannot be dissolved without the express consent of
the City.
(b) A requirement for all fencing to be installed as shown on the Fencing Plan(Exhibit E). All
other fencing(i.e. dog-eared cedar fencing, chainlink)shall be prohibited.
(c) A maintenance manual for the streetlight(s) requiring that the association shall have the
duty to maintain and operate the light fixtures including the repair and replacement of the
fixture, any associated electrical supply,and light bulbs,in perpetuity.
(d) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and
ordinances of all applicable government bodies. In the event a governmental rule,
regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such
event that portion shall be deemed to be amended to comply with the applicable rule,
regulation, law or ordinance.
(e) Owner shall work with the City to establish a Conservation and Education Program (CEP)
Funding Plan associated with Cascade Springs Subdivision. The CEP Funding Plan shall be
executed by the Owner and City prior to the City Clerk signing the final plat.
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3.6 The applicant shall be required to construct the following amenities as shown on the Concept
Plan(Exhibit C)with the associated subdivision phase:
• Lot 1,Block 6-Pool facility with changing rooms and a parking lot(Phase 2)
• Lot 18,Block 4-Public Parking with Trailhead(Phase 2)
• Lot 1,Block 5 -Covered seating area(Phase 2)
• Lot 5,Block 7 -Workout stations and a covered seating area with a barbeque(Phase 5)
• Lot 1,Block 12 -Children's play structure/Area(Phase 6)
• Lot 8,Block 13 -Pickleball and Shuffleboard Courts(Phase 7)
The amenities shall be constructed prior to the City Clerk signing the final plat for the associated
subdivision phase.
3.7 The applicant shall comply with the site specific conditions as outlined in the Parks, Pathways,
and Recreation Commission Pathway Recommendations memo, dated February 16, 2023, except
that the gravel parking lot within Lot 18,Block 4, shall be surfaced with asphaltic concrete in lieu
of gravel and the 12-foot (12') wide natural surface trail located within the future ITD right of
way area shall be removed and the inclusion of a 10-foot(10')wide concrete sidewalk within the
75-foot (75') wide buffer area located along the western edge of the property (per the exhibit
below) shall be included. The required pathways shall be completed with the associated
subdivision phase prior to the City Clerk signing the final plat.
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From the PPRC Memo dated 02/16/23 Proposed Revised
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3.8 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions. Prior
to issuance of any building permits, Owner shall provide proof of central sewer service to the
proposed residential uses.
3.9 The applicant shall enter into a Traffic Mitigation Agreement to address the required Idaho
Transportation Department improvements. The applicant shall be required to provide a copy of
the executed Idaho Transportation Department Traffic Mitigation Agreement to the City prior to
the City Clerk signing the first final plat or prior to the issuance of any building permits,
whichever occurs first.
3.10 Open Space:
3.10.1. The Site shall comply with the open space requirements pursuant to Eagle City Code
Section 8-6-5 in effect at the time of the submittal of a preliminary plat application.
3.10.2. All open space areas are subject to the Eagle Design Review process and standards of
Eagle City Code 8-2A.
3.10.3. All Community Open Space shall comply with the Eagle City Code in effect at the time
of any preliminary plat application.
3.10.4. All Community Open Space shall be maintained by the Cascade Springs Home Owners
Association.
3.11 Owner shall submit a design review application showing at a minimum: 1)proposed development
signage, 2)planting details within the all common areas throughout the development, 3) landscape
screening details and buffering for the common lots located adjacent to State Highway 16 and
North Palmer Lane, 4) elevation plans for all proposed common area structures and irrigation
pump house (if proposed), 5) landscape screening details of the irrigation pump house (if
proposed), and 6) useable amenities such as picnic tables, covered shelters, benches, gazebos,
and/or similar amenities. The design review application shall be reviewed and approved by the
Design Review Board and City Council prior to the submittal of a final plat application.
3.12 A letter of approval shall be provided to the City from the Middleton Mill Ditch Company
approving any encroachments of the canal company's facilities. The owners shall also provide a
copy of any License Agreement associated with the site prior to the commencement of
construction of any improvements on the site.
3.13 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-
way and remain clearly visible from the roadway.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend approval of PP-21-22 for a preliminary plat for Cascade
Springs Subdivision with the following staff recommended site specific conditions of approval and
standard conditions of approval:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-14-22.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an
invoice by the City,whichever occurs first. (ECC 9-2-3 [C] [3] [1])
4. The applicant shall pay the required $258,828.00 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. 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.
6. All living trees shall be preserved, unless otherwise determined by the Design Review Board and
the City Council. A detailed landscape plan showing how the trees will be integrated into the
open space areas or private lots (unless approved for removal by the City Council) shall be
provided for City Council final approval prior to the submittal of a final plat. Construction
fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees
that are to be preserved,prior to the commencement of any construction on the site.
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7. The required setbacks shall be as follows:
MU-DA(Detached Single-Family Dwellings):
Front Setback: 20-feet
Front Load Garage: 31-feet(measured 25-feet from back of sidewalk)
Rear Setback: 20-feet
Side Setback: 7.5-feet(additional 5-feet per story)
Street Side Setback: 20-feet
MU-DA(Detached Single-Family Dwellings):
For Lots 3-11 and 13-17, Block 1;Lots 2-5 and 7-10, Block 2, and Lots 14-16, Block 4
Front Setback: 20-feet
Front Load Garage: 31-feet(measured 25-feet from back of sidewalk)
Rear Setback: 20-feet
Rear Setback: 15-feet
Side Setback: 7.5-feet(additional 5-feet per story)
Street Side Setback: 20-feet
R-6-DA(Attached Townhome Dwellings):
Front Setback: 20-feet
Front Load Garage: 31-feet(measured 25-feet from back of sidewalk)
Rear Setback: 20-feet
Side Setback: 5-feet between buildings; 0-feet where townhomes are attached
Street Side Setback: 20-feet
8. No similar front elevation (utilizing the same architectural style or color) of any residential
dwelling shall be duplicated:
• Within five(5)lots measured from each side lot line;
• Directly across the street and within five(5)lots(measured from each side lot line); and
• Directly behind any lot and within five(5)lots(measured from each side lot line).
9. The applicant shall submit a revised preliminary plat that revises the gravel parking lot and drive
aisle for the trailhead parking lot within Lot 18, Block 4, that denotes the finish surface to be
asphaltic concrete prior to the submittal of the final plat.
10. The applicant shall submit a revised preliminary plat that revises the drive aisle for the trailhead
parking lot within Lot 18, Block 4, to be 20-foot-wide from where it intersects with North Palmer
Lane to five-feet (5') to the west of the western most parking stall prior to the submittal of the
final plat.
11. The applicant shall work with the Middleton Mill Ditch Company to implement an approved
traffic control device five feet (5') to the west of the western most parking stall to restrict
unauthorized vehicular traffic from accessing the trail beyond the provided parking area. The
applicant shall include a traffic control device at the time of the design review application
submittal.
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12. The applicant shall install landscape to within 9-feet of the paved surface of State Highway 16
and maintain it in perpetuity. (If ITD requires the 100-foot-wide parcel of land adjacent to State
Highway 16 that is denoted on the plan for possible future right of way dedication it is understood
that the edge of paving may shift but that landscaping shall remain from 9-feet from the edge of
paving towards the subject property.) The landscape plan shall consist of sodded turf and be
reviewed and approved by the Design Review Board and the City Council prior to installation of
the landscaping. The Owner shall provide an executed copy of the ITD license agreement
associated with the landscaping located within the right-of-way area. The landscaping shall be
installed prior to the City Clerk signing the first final plat.
13. 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)
14. All overhead utilities on the site shall be removed and/or placed underground prior to the City
Clerk signing the final plat. (ECC 94-1-8)
15. 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).
16. The Cascade Springs Subdivision shall remain under the control of one Homeowners
Association. (ECC 9-3-8[D][4])
17. 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.
18. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][1])
19. 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.
20. Provide documentation from the subdivision contractor indicating the individual wells located on
the site were properly abandoned. The documentation shall be provided prior to the City Clerk
signing the final plat.
21. The applicant shall be required to obtain the proper permit and subsequently abandon the existing
septic system(s) and drainfield(s) located on site. Upon removal the applicant shall provide
documentation from the subdivision contractor indicating the septic system(s) and drainfield(s)
were properly abandoned prior to the City Clerk signing the final plat.
22. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of a final development plan/final plat application.
23. The applicant shall include a provision within the CC&Rs which requires that the CC&Rs cannot
be amended by the developer without approval by the City.
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NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs,gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to
the platted property. The developer may submit a letter in lieu of plans explaining why plans may
not be necessary.
4. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50,Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service,prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed
on the street side of the home or shall have their sewer drainage system designed with a stub at
the house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
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.
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11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing
by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to
the City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including,but not limited to,landscaping, fencing,lighting,and/or pathways shall
not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval
of the organized irrigation district, canal company, ditch association, drainage district, drainage
entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or
canal. The applicant shall submit a copy of the written approval from the irrigation entity,
drainage district, or drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the
City Engineer prior to the City Engineer signing the final plat. All construction shall comply with
the City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner,
or homeowner's/business owner's association,whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by
the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
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.
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16. An approval letter from the Star Middleton Fire District 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 Star
Middleton Fire District 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
Star Middleton Fire District 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 Star Middleton Fire District prior to issuance of any
building permits.
d. The proposed fire protection system shall be reviewed and approved by the Star
Middleton Fire District prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the
storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or
other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing
the final plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any
other area designated by the City Council or the Eagle Parks, Pathways, and Recreation
Commission for a path or walkway shall be approved in writing by the Eagle City Parks,
Pathways,and Recreation Commission prior to approval of the final plat by the City Council.
21. Conservation,recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the
City Council.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
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.
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24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain(if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the floodplain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall
be complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
30. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions"until the final plat has received the approval of the
City Council(ECC 9-6-5 (A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The
financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified
check.
31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central
District Health Department, Ada County Treasurer, Ada County Highway District
Commissioners,City Engineer,and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
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36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off
leash.
37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment
over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy
truck traffic routes shall maximize use of highways and major arterials while minimizing use of
smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all
sub-contractors and for monitoring compliance.
38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a"Notice to Proceed"with construction letter.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-12-22/RZ-14-22) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designations of MU-DA(Mixed Use with a development agreement[in lieu
of a PUD]) and R-6-DA (Residential with a development agreement [in lieu of a PUD]) are
consistent with the Mixed Use designation as shown on the Comprehensive Plan Land Use Map
and the land uses and densities proposed are consistent with the relevant comprehensive plan
policies and the Zoning Compatibility Matrix within the City of Eagle Comprehensive Plan;
The requested zoning designations of MU-DA(Mixed Use with a development agreement[in lieu
of a PUD]) and R-6-DA (Residential with a development agreement [in lieu of a PUD]) are
consistent with the Professional Office / Business Park designation as shown on the
Comprehensive Plan Land Use Map because the southern portion of the subject property
designated as Professional Office/Business Park directly abuts a residential subdivision that was
entitled through the City of Star and the land area required to develop a non-residential
subdivision no longer exists as it was envisioned within the City of Eagle Comprehensive Plan;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) and R-6-
DA (Residential with a development agreement [in lieu of a PUD]) zoning districts are
compatible with the R-2-DA-P(Residential with a development agreement [PUD])zone and land
use to the north since that area has been developed as a residential subdivision with lots of similar
size and is proposed to be separated by approximately 100-feet of common area open space;
d. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) and R-6-
DA (Residential with a development agreement [in lieu of a PUD]) zoning districts are
compatible with the entitled R-5-DA (Residential with development agreement - City of Star
Designation) zone and land use to the southeast since that property has been entitled by the City
of Star to be developed with lots of similar size.
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The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) and R-6-
DA (Residential with a development agreement [in lieu of a PUD]) zoning districts are
compatible with the the RUT (Rural-Urban Transition—Ada County Designation) zone and land
use to the southwest since that area has been submitted to the City of Star for the development of
a mixed use subdivision and is likely to developed in the future with lots of a similar size;
e. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) and R-6-
DA (Residential with a development agreement [in lieu of a PUD]) zoning districts are
compatible with the R-2-DA-P(Residential with a development agreement [PUD])zone and land
use to the east since that area has been developed as a residential subdivision with lots of similar
size and is separated by North Palmer Lane;
f. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) and R-6-
DA (Residential with a development agreement [in lieu of a PUD]) zoning districts are
compatible with the R-3PUD-DA (Residential — City of Star Designation) zone and land use to
the west since that area has been entitled to be developed as a residential subdivision with lots of
similar size and is separated by State Highway 16;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. The proposed use as conditioned within the development agreement so not to create a non-
conforming use with the MU(Mixed-Use)and R-6(Residential)zones.
2. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-21-22) and based upon the information provided concludes that the application is in accordance
with the City of Eagle Title 9(Subdivisions)because:
a. The proposed preliminary plat(with a DA in lieu of a PUD)is in the public interest, advances the
general welfare of the community and neighborhood, and will not be detrimental to the economic
welfare of the community since the proposed DA request is in the public interest and advances
the general welfare of the community and neighborhood. The subject site is an enclave
considering Snoqualmie River is developed along the north boundary and Legacy or Snoqualmie
Subdivision is developed to the east. A development called Fountain Park Subdivision was
approved by the City of Star along the south boundary. The property is adjacent to existing
public facilities. A 21-inch sewer main line and the Palmer lift station is located on the east side
of Palmer Lane. A 12-inch Eagle City water main line is located within Palmer Lane at the
parcel's northeast corner. Considering the significant urban development in the area, the current
agricultural use has become incompatible with the single-family residential uses in the area. The
contribution to the economic welfare of the Eagle community will be enhanced by the proposed
development, infrastructure improvements,recreational amenities,and multi-use pathways.
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 since the proposed design shows
sensitivity to the natural topography, waterways, and trees. The Middleton Mill Canal bisects the
property and Drainage District No. 2 feeder drain is located along the northern boundary. The
site design has incorporated the waterways and provided for multi-use pathways and trails along
the canal and drain. The primary collector roadway is aligned with W. Panco Street on the east
side of Palmer Lane within the Legacy project. Great care was taken to maintain the openness
within the project by locating the collector roadway along the Middleton Mill Canal and allowing
for common areas, the central amenity, and extensive landscaping along the roadway and at the
entrance. The project embraces the N. Palmer Lane with significant landscaping, roadway
improvements, and a 10-foot-wide sidewalk. A parking area will be constructed with gravel and
wheel restraints, providing for trailhead parking off Palmer Lane. Considering the existing and
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proposed developments in the area, the Cascade Springs project will not change the character or
appearance that has been established with the adjoining urban subdivisions.
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
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
will enhance the community by providing amenities which exceed the normal requirements for
open space,pathways, and recreation.
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. Essential public services are available in the area to provide sewer, water, drainage,
fire/police protection, and transportation. The development will extend services, make
transportation improvements, and provide open space and recreational facilities to meet the needs
of the future residents.
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
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 includes 37.69 acres of open space areas. Approximately
14.71 acres will be natural and manicured open space along the Middleton Mill Canal and
Drainage District No. 2 minor drain, with 3.9 miles of public multi-use pathways, trails and
pedestrian paths. There are eight(8)park areas with amenities distributed throughout the project.
A 2.38-acre central park area with a swimming pool facility, playground, picnic shelter and
parking area will be located adjacent to W. Panco Street. Multiple parks are located within the
project with play equipment, gathering areas, pickleball courts, shuffleboards, workout stations,
and picnic areas along with linear open space and two (2)ponds.
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares. The project entrance on N. Palmer Lane aligns with
the existing eastern collector of W. Panco Street. A second vehicular approach is proposed along
N. Palmer Lane to provide access to the trailhead parking lot. The development includes two
collector roads, W. Panco Street and N. Hamlin Avenue. N. Hamlin Avenue connects to State
Highway 44 and is intended to be extended north to connect to the realigned Floating Feather
Road and Beacon Light Road. Snoqualmie River has constructed a portion of Hamlin which is
stubbed to the drain. The developer of Cascade Springs will be required to install a vehicular
crossing to connect to N. Hamlin Avenue. Palmer Lane is designated as a mid-mile collector
roadway, and the applicant will be required to improve the roadway along the project's frontage.
The improvements include widening and installation of vertical curb and a 10-foot-wide
sidewalk.
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance since the development will not result in the destruction of
any natural, scenic, or historical features on the subject site. A Natural Features Analysis was
prepared for the development by Ecosystem Sciences, LLC. The analysis indicated the property
had been in agricultural production for a significant amount of time. The developer has taken
great care to preserve the Middleton Mill Canal corridor and the Drainage District No. 2 minor
drain. Existing trees are located around the two existing homes which have been incorporated
into the site plan. The two existing ponds will be retained, improved, and landscaped. The
analysis concluded that development of the property could be accomplished without major
disruption of sensitive areas.
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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 since the surrounding
properties are developing as single-family residential subdivisions and no vehicular access to
State Highway 16 is allowed, the use of the subject property for a business or office development
with a mixture of residential uses is not practical nor preferred. The proposed uses of detached
and single-family homes provide the best transition and compatibility with the surrounding
residential land uses. The proposed development provides a mixture of housing types with
varying densities. The proposed gross density of 2.88 dwelling units per acres is within the City's
vision of 3 dwelling units or less for this parcel.
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 since the development
includes common area landscaping, berming, and community buildings/facilities that will be
required to be submitted to the City of Eagle for approval of these community elements.
1. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations because the Cascade Springs development will benefit the area by providing diversity
in lot sizes and different housing options. The community will provide a neighborhood with a
multitude of activities, open space, and recreational pathways above and beyond a standard
subdivision. The incorporation of 3.9 miles of pathways and trailhead parking within the
development reflects the applicant's commitment to provide a public benefit that exceeds any
deviations from the standard district regulations. The applicant is requesting a modification of
the rear setbacks for specified lots which are negatively affected by the Middleton Mill Canal and
the Drainage District No. 2 minor drain. All lots that are specified as having a reduced rear yard
setback either back up to common area open space or to another buildable lot with a reduced
setback.
in. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection Eagle Sewer District has
capacity to serve the subject development with the existing regional Palmer Lift Station. An
existing 21-inch sewer mail line is currently present in Palmer Lane. The applicant will extend
sewer mains into the subject site for service. The City of Eagle will provide water service to the
project from the two wells located within the Legacy project. An existing 12-inch water main is
located at the property's northeast boundary. The applicant will make connections to the water
mains in the Snoqualmie River stub street providing for looping of the water system. Fire
protection will be provided by the City of Eagle, which has multiple stations to serve the
community. The Ada County Sheriff s Department will provide police protection, with a station
located in downtown Eagle. Ambulance services will be provided by the Ada County Paramedics
serving the Eagle and Star area.
The public services that would be provided to the development include the following:
Fire Protection
The development is located within the boundaries of the Star Middleton Fire District.
Police Protection
The project will be served by the Eagle Police Department.
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KAPlanning Dept\Eagle Applications\SUBS\2022\Cascade Springs Sub A RZ PP\03-Working Files\03-Planning and Zoning\Cascade Springs Sub-PZF.doc
Water Service
The project is located within an area that is served by City of Eagle Municipal Water System. The
water infrastructure will be constructed at the developer's expense.
Sewer
As required herein, the applicant is required to provide correspondence from the Eagle Sewer
District which indicates the property is annexed into the District prior to submittal of a final plat
application. Prior to the developer installing the required sewer infrastructure the developer will
be required to comply with the District requirements.
Road Construction
The construction of all roads within the development will be completed by the developer. Upon
completion,the roads will be dedicated to the Ada County Highway District.
Open Space
The development will contain a minimum of 20%of passive and active open space. The applicant
is required to provide amenities to provide the residents living within the development
recreational opportunities. The project will also generate park impact fees to be utilized for the
creation of additional parks or add new equipment to existing parks within the City of Eagle.
Maintenance
The maintenance of any private open space areas will be regulated by the Cascade Springs
Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and
maintained by the respective agencies.
Schools
Cascade Springs is located within the West Ada School District boundaries.
Solid Waste Collection
Solid waste collection is provided by Hardin Sanitation through a contract with the City of Eagle.
n. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer. The developer will provide all necessary infrastructure
improvements within the development, including streets, storm drainage, sewer, water, and
pressure irrigation at his expense.
o. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer which shows that an estimated $1,050,231.07 in projected yearly tax
generation at full-build out (reflecting the standard homeowners deduction) can be anticipated,
along with a total of$981,688.00 in impact fees, and $1,404,000 in water hook-up fees, storage
and trunk line fees, and water construction equivalency fees will be paid by the developer.
p. That suggested public (or private)means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer. Extensions of sewer and water, pressurized irrigation, roadways,
etc., will be accomplished at the expense of the developer. The development will also be subject
to STL fees for domestic water service, sewer hookup fees, transportation, and city impact fees.
The development will also be required to provide transportation mitigation based on the
recommendations of the traffic impact study.
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KAPlanning Dept\Bagle ApplicationASUBS\2022\Cascade Springs Sub A RZ PP\03-Working Files\03-Planning and Zoning\Cascade Springs Sub-PZF.doc
DATED this 1 st day of May,2023.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright,Chairman
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KAPlanning Dept\Eagle Applications\SUBS\2022\Cascade Springs Sub A RZ PP\03-Working Files\03-Planning and Zoning\Cascade Springs Sub-PZF.doc