Findings - CC - 2023 - CU-01-21/PPUD-01-21/PP-02-21 - Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat for Torrente Secco Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
CONDITIONAL USE PERMIT,PRELIMINARY )
DEVELOPMENT PLAN,AND PRELIMINARY )
PLAT FOR TORRENTE SECCO SUBDIVISION )
FOR THOMAS COLEMAN )
FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE
NUMBER CU-01-21/PPUD-01-21/PP-02-21
The above-entitled conditional use permit, preliminary development plan and preliminary plat applications
came before the Eagle City Council for their action on May 9, 2023, at which time public testimony was
taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and written
testimony,and having duly considered the matter,makes the following Findings of Fact and Conclusions of
Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Thomas Coleman, represented by Becky McKay with Engineering Solutions, LLP, is requesting
conditional use permit, preliminary development plan, and preliminary plat approvals for Torrente
Secco Subdivision, a 659-lot (613-residential [391-single family, 222-single-famiy attached], 6-
commercial, 39-common, and 1-elementary school site) mixed use planned unit development. The
276.75-acre site is located at the southeast corner of West Beacon Light Road and North Palmer Lane
between West Beacon Light Road and West Floating Feather Road at 6397 West Beacon Light Road
and 6868 West Floating Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 1:00 PM, on Saturday, November 7, 2020, in
compliance with the application submittal requirement of Eagle City Code. The applications for this
item were received by the City of Eagle on January 15, 2021. A revised preliminary plat was
provided to the City on February 11, 2022. A second revised preliminary plat was provided to the
City on February 15, 2022. A second Neighborhood Meeting was held at the office of The Land
Group, Inc. at 482 East Shore Drive, Suite 100, Eagle, Idaho, at 6:45 PM, on Tuesday, March 15,
2022. The applicant changed his engineering firm from The Land Group, Inc. to Engineering
Solutions, LLP. Engineering Solutions, LLP, submitted revised applications with the required
submittals to the City on November 29,2022.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on April 19, 2021, in accordance with the
requirements of the Eagle City Code. Notice of Public Hearing on the application 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 1, 2023. Notice of this public hearing was
mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on March 3, 2023. The site was posted in accordance with the Eagle City Code
on March 9,2023.
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Notice of Public Hearing on the applications for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on April 20,
2023. Notice of this public hearing was mailed to property owners in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on April 17, 2023. The site
was posted in accordance with the Eagle City Code on April 28,2023.
D. HISTORY OF REVELANT PREVIOUS ACTIONS:
On September 11, 2007, the City Council approved an annexation and rezone from RUT (Rural-
Urban Transition—Ada County designation)to MU-DA(Mixed Use with a development agreement),
R-2-DA (Residential with a development agreement) (not a part of this site), and R- 4-DA
(Residential with a development agreement)for Hormaechea LTD Partnership(A-08-07/RZ-10-07).
On December 13, 2007, the executed development agreement associated with the rezone was
recorded(Ada County instrument#107164794).
On October 8, 2019, the City Council denied a development agreement modification, conditional use
permit, preliminary development plan, and preliminary plat associated with the subject site (RZ-10-
07 MOD,CU-01-19,PPUD-01-19, and PP-01-19).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Village and MU-DA(Mixed Use Vacant property and
Community Center, with a development Agriculture
Compact agreement),R-2-DA
Residential,and (Residential with a
Neighborhood development agreement)
Residential and R4-DA(Residential
with a development
agreement)
Proposed No Change No Change Residential and Commercial
Planned Unit Development
North of site Village and RUT(Rural-Urban Agriculture and Single-
Community Center, Transition—Ada County Family Residences
Compact designation),RI (Estate
Residential, and Residential—Ada
Large Lot County designation),and
Residential R-E-DA(Residential-
Estates with a
development agreement)
South of site Neighborhood R-2-DA-P(Residential Proposed Legacy
Residential with a development Development
agreement—PUD)
East of site Neighborhood R-2-DA-P(Residential Tannebaum Subdivision and
Residential with a development Proposed Stags Crossing
agreement—PUD) Subdivision
West of site Village and RUT(Rural-Urban Vacant property,
Community Center, Transition—Ada County Agriculture,and Proposed
Compact designation),MU-DA Millstone Farm Subdivision
Residential,and (Mixed Use with a and Snoqualmie Basin
Neighborhood development agreement, Subdivision
Residential R4-DA(Residential
with a development
agreement)and R-2-DA-
P(Residential with a
development agreement
—PUD)
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G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site—276.75-acres
Total Number of Lots—659
Residential—613
Commercial—6
Industrial—0
Common—39
Total Number of Units-613
Single-family—391
Single-family attached—222
Two-family—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 2.33-dwelling units/acre(not 4.9-dwelling units/acre
inclusive of the commercial (pursuant to the executed
area) development agreement)
Minimum Lot Size 3,967 square feet(MU) 5,000 square feet(MU)
4,037 square feet(R-4) 8,000 square feet(R-4)
4,113 square feet(R-2) 17,000 square feet(R-2)
Except that a decrease of
minimum lot size in a
subdivision may be
allowed if there is an
offsetting increase of the
same percentage in open
space and a planned unit
development is applied
for and approved)—
pursuant to ECC Section
8-6-6-5(A). The offsetting
increase of the required
percentage in open space
has been provided.
Minimum Lot Width 35-feet(MU) 50-feet(minimum)(MU)
35-feet(R-4) 70-feet(minimum)(R-4)
35-feet(R-2) 75-feet(minimum)(R-2)
Minimum Street Frontage 33-feet 35-feet
Total Acreage of Common Area 78.92-Acres(inclusive of 52.68-acres(minimum)
Open Space* planter strips)
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Additional Site Data Proposed Required
Percent of Site as Common Area 29.9% 20%(minimum)
Open Space* Except that,according to ECC
Section 9-3-8(C)the City may
require additional public and/or
private park or open space
facilities in PUN
Percent of Common Area Open 67.4% 15%(minimum)
Space as Active OS
*Note—Excludes the commercial area.
I. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing 50-foot wide landscaped buffers along West Beacon Light Road, West
Floating Feather Road, and a 35-foot wide landscaped buffer along each side of North Palmer Lane
adjacent to the development. The proposed widths of the landscaped buffer areas are in conformance
with Eagle City Code Section 8-2A-7(J)(4).
Common Area Open Space:
A total of 78.92-acres (approximately 29.9%) of open space is proposed within the subdivision.
Approximately 53.19-acres (23%) of the proposed open space is considered to be "Open Space,
Active" as defined by Eagle City Code Section 9-1-6. The common area open space consists of a
large central common area (24.77-acres) which serves as a gathering place with a clubhouse,
swimming pool facility, parking area, playground equipment, pickleball courts, covered barbeques
and picnic areas, sand volleyball, pond, and interconnected linear open spaces with an extensive
pathway network. Pocket parks are proposed in the northern and southern portions of the project
which include playground equipment,paths,splash pad,and other active amenities.
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 and drainage easements to be not less than 10-feet-
wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
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On-site Septic System:
There are two (2) existing septic systems which served two (2) dwellings previously located on the
property. The septic systems will need to be abandoned during construction of the subdivision.
Preservation of Existing Natural Features:
The site contains trees adjacent to the irrigation canal located in proximity to the eastern
boundary and additional trees centrally located in proximity to the southern property line.
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.
J. STREET DESIGN:
Private or Public Streets:
The public streets are to be designed and constructed as required pursuant to the ACHD report, date
stamped by the City on May 18,2022 (attached to the staff report).
Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500':None.
Cul-de-sac Design:
The preliminary plat/PUD,date stamped by the City on November 29,2022, shows the cul-de- sacs
with a 53-foot radius inclusive of a landscape island with an 11-foot radius.
The preliminary plat/PUD shows two(2)cul-de-sacs as follows:
• Street"N": 590-feet in length.
• Street"G"/Street"O":610-feet in length.
Sidewalks:
The preliminary plat/PUD, date stamped by the City on November 29, 2022, shows typical street
sections for the internal public streets and the cul-de-sacs with detached 5-foot-wide sidewalks
separated by an 8-foot-wide landscape planter strip. North Hartley Way is shown with a detached 5-
foot-wide sidewalk located on one side of the street with a detached 8-foot-wide sidewalk located on
the opposite side of the street. There will be a 10-foot-wide sidewalk separated by an 8-foot-wide
landscape planter strip located on the east side of North Palmer Lane. The typical street section for
the private streets shows 5-foot wide attached sidewalks.
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. Any modifications made to the lighting shall be completed before the final
plat approval.
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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 PEDESTRIAN CIRCULATION:
Pedestrian Walkways:
The preliminary plat/PUD, date stamped by the City on November 29, 2022, shows 8-foot wide
pathways providing inner connectivity throughout the development. The preliminary plat/PUD also
shows a 10-foot wide regional pathway located in proximity to the east property boundary and
extending south from West Beacon Light Road and connecting into the 10-foot regional pathway
located within Snoqualmie Falls Subdivision No. 17.
L. PUBLIC USES PROPOSED:
All sidewalks and pathways within the development are open to the public. The applicant is also
proposing an 11.52-acre elementary school 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.
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—no
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes—located in proximity to the Dry Creek Canal and within a proposed common lot
located adjacent to the east property line and centrally located in proximity to the southern property
line.
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—yes—New Dry Creek Canal
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—yes—within the trees located along the Dry Creek Canal.
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not Required.
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
City Engineer: All comments within the engineer's letter dated December 27,2022,are of special
concern(attached to the staff report).
City of Eagle Water Superintendent: All comments within the City Water Department's memo dated
March 23, 2022,are of special concern(attached to the staff report).
ACHD
Ballentyne Ditch Company
Central District Health
Communities in Motion 2040(COMPASS)
Department of Environmental Quality
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Idaho Transportation Department
Marathon Pipe Line
New Dry Creek Ditch
West Ada School 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 April 5,2021,are of special concern(attached to the staff report).
S. LETTERS FROM THE PUBLIC:None.
T. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The preliminary subdivision phasing plan, date stamped by the City on November 29, 2022, shows
the subdivision consisting of 13-phases. The provided narrative, date stamped by the City on
November 29, 2022, indicates the subdivision will be constructed over the next 13 years. The
applicant is requesting phasing flexibility due to the size of the property,number of lots which based
on market conditions may affect the timeline for buildout. Market conditions vary over time and may
require a decrease in the number of lots and an increase in the number of phases.
U. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood,and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons,property or the general welfare by
reason of excessive production of traffic,noise, smoke, fumes,glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss,or damage of a natural,scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
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12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cased of large-scale PUDs (incorporating eleven (11)or more lots or dwelling units):
13. 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.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. 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.
For a request of up to 10% of the gross land area to be directed to uses other than residential
(i.e.; commercial, industrial, public and quasi public uses that are not allowed in the land use
district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART
OF THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Condition of Development of the executed development agreement (Ada County instrument
#107164794) states that the property may be developed based on the comprehensive plan that was in
effect at the time the development agreement was recorded. The following information shows the
history of the site based on the comprehensive plan in effect of the time and the basis of the approved
densities as well as the maximum number of residential units which may be approved based on the
2017 Eagle is Home Comprehensive Plan.
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EajZle 2007 Comprehensive Plan (adopted February 2007)
2007 COMP PLAN Densities:
Village Center: 80 Acres @ 10 units/acre=800 units
Residential Four: 85acres @ 4 units/acre=340 units
- Residential Two:207 acre @ 2 units/acre=414 units
r_a,r
Village _ Subtotal:1,554
' G enter ' 10%PUD Bonus: 155
lReSiderdial Four Total Development Potential: 1,709
1 i ► units
1ResaderLal Two 1
i
:., 2007 Conceptual Plan within DA:
W 1,334 Residential units*
49 acres of Mixed use(non-residential)
.. s ® (490 units deducted)
37.2 acres of open space(10%)
*Inclusive of the previously approved Millstone
Farms Subdivision
HORMAECHEA
CONCEPTUAL l-0 i SE Pt-'E
EiHryirt a
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1/20/2007 Approved by Eagle City Council
2007 Approval&DA Standards
1,824 units Max(4.9units/acre)*
132 acres at 2 units/acre=264 units
140 acres at 4 units/acre=560 units
100 acres at 10 units/acre= 1000 units
(Each acre of mixed use not used as residential; 10 units are deducted from the
total unit count)
*Inclusive of the previously approved Millstone Farms Subdivision(310-dwelling
units)
10%Open Space
50% of non-buildable school site counts as open space
Torrente Secco Subdivision is proposed with the following:
613 units(2.33 units/acre)
55.53-acres* at 10 units/acre—237 units(4.27 units/acre)(proposed
77.27-acres at 4 units/acre—205 units(2.65 units/acre)(proposed)
130.61-acres at 2 units/acre—171 units(1.31 units/acre)(proposed)
*Excludes commercial area
2017 Eagle is Home Plan (adopted November 2017)
11�Center
2017 Eagle is Home Densities:
Compact lReside ial Village and Community Center: 17-acres @ 10
' units/acre=170 units
(Neighborhood siden�al Compact Res.: 30-acres @ 8 units/acre=240 units
Neighborhood Res: 230-acres @ 2 units/acre=460
units
�..t Total Development Potential: 870
I I
g units
ro
-i .
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B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 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 8-24: Schedule of Building Height and Lot Area Regulations:
I� Minimum Yard Setbacks Minimum �I
Note Conditions A To E* Lot Area
Zoning r - - — _--- Maximum (Acres Or Minimum
District Maximum Front Rear i Interior Street] Lot Covered Square Lot
Height ! �I n * Feet H Width I*g_ �I Side- � Side J�. F A d J ` ) * ��-
R-2 E::3:�5' :___1' 30' 30' 10' 20' 40%� 17,000 75'
L-- _ _
�- -
R-4 � 35' 20' 25' I 7.5' �[ 20'_.__]� 40% 8,000 70'
MU 35' 7F270 � 20' j 5 50% 5,000 j 50'
--]F
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(J)(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 (T) high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three feet
(3') horizontal distance to one foot (F) vertical distance. If a decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall is to be provided in combination
with the berm, a four foot (4') wide flat area shall be provided for the placement of the
decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing
shall not be permitted.
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/omamental 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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A minimum five foot (5) high, maximum eight foot (8) high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three feet
(3') horizontal distance to one foot (1) vertical distance. If a decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall is to be provided, in combination
with the berm, a four foot (4) wide flat area shall be provided for the placement of the
decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing
shall not be permitted.
• Eagle City Code Section 8-3-5:Unique Land Uses:
S. Personal Wireless Facilities, Spires, Poles, Antennas, Steeples, Towers, And Other Such
Structures:
2. Towers And Personal Wireless Facilities In Zoning Districts:
b. Mixed Use District: Personal wireless facilities shall be camouflaged or concealed,
not readily identifiable as such, designed to be aesthetically compatible with existing
and proposed uses on the site in the mixed use district.
10. Additional Application Submittal Requirements:
a. In addition to the information required elsewhere in this code, development
applications for personal wireless facilities, shall include the following supplemental
information:
(1) Documentation from a qualified and licensed professional engineer showing that
the proposed facility will be in compliance with the FCC standards regarding
radio frequency(RF)emissions.
(2) A report from a qualified and licensed professional engineer which describes the
tower height and design(including a cross section and elevation); documents the
height above grade for all potential mounting positions for collocated antennas
and the minimum separation distances between antennas; describes the tower's
capacity, including the number and type of antennas that it can accommodate;
documents what steps the applicant will take to avoid interference with
established public safety telecommunications; includes an engineer's stamp and
registration number; and includes other information necessary to evaluate the
request.
3) For all personal wireless facilities, a letter of intent committing the tower owner
and his or her successors to allow the shared use of the tower, as required by this
code, if an additional user agrees in writing to meet reasonable terms and
conditions for shared use.
(4) Documentation showing that the proposed tower complies with regulations
administered by federal aviation administration.
(5) Written approval of the site location with specific reference to the height of the
antenna structure and any lighting issues, from the federal aviation
administration,the chief of the Idaho bureau of aeronautics, and the Boise airport
commission and an aviation easement approved by the Boise airport commission.
(6) Propagation charts showing existing and proposed transmission coverage at the
subject site and within an area large enough to provide an understanding of why
the facility needs to be in the chosen location.
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(7) A written analysis demonstrating that the proposed site is the most appropriate
site within the immediate area. For the purposes of this subsection, the analysis
shall include all properties within the search radii stated above. The analysis shall
include,but is not limited to,the following:
(A) Description of the surrounding area,including topography;
(B) Natural and manmade impediments that would obstruct adequate cellular
telephone transmissions;
(C) Physical site constraints that would preclude construction of a cellular
telephone facility on any other site;
(D) Technical limitations of the system that limit siting options.
• 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.
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As an incentive to submit a PUD versus a standard subdivision, the initial starting point for
minimum open space, prior to any "offsetting increase" being added, shall be the area that is
equal to ten percent (10%) of the site. This allowance shall only be permitted under the
following criteria:
1. The total common area open space shall be equal to or greater than twenty percent
(20%),inclusive of the "offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity and
architectural and siting variation are incorporated into the development and that these
factors make up a substantial contribution to the objectives of the PUD. These design
elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting,visual focal points,use of existing physical features such as topography,view,
sun and wind orientation, circulation pattern, physical environment, variation in
building setbacks and building grouping(such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone
under section 8-2-4 of this title.
C. SUBDIVISION CODE PROVISIONS WHICH 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.
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D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL(Based on the development agreement(executed December 7, 2007),
Ada County instrument#107164794):
1.1 All development of the Property shall be consistent with the Eagle Architecture and Site
Design Book and the Eagle City Code 8-2A and be generally consistent with the Concept
Plan attached hereto as "Exhibit B" ; provided, however, it is the intent of this Agreement to
allow flexibility at the time a detailed plan and platting are submitted to the City so long as
the general intent of the Concept Plan and the requirements set forth in this Agreement are
met.
1.3 Development of the Property shall comply with Eagle's Comprehensive Plan and City Code
as in effect at the time this Agreement is recorded, provided that Applicant may, at its sole
discretion,request to use the current version of the Eagle City Code at the time of platting.
1.4 Development of the Property shall comprise two primary elements: residential
development and mixed use development,as described below:
1.4.1 Residential Development
1.4.1.1 Up to 1,824 dwelling units may be developed on the Property which is an
equivalent gross density of 4.9 residential dwelling units per acre.
1.4.1.2 Residential development on the Property shall include 132 acres of
Residential Two(R-2), 140 acres of Residential Four(R-4), and 100 acres
of Mixed Use(MU).
1.4.1.3 The Residential densities illustrated in the conceptual plan are maximums.
The maximum density within the R-2 zone is two(2)units per acre and the
maximum density within the R-4 zone is four(4)units per acre.
1.4.2 Mixed Use Development
1.4.2.1 Mixed Use land uses shall be limited to 26.8%of the Property. The Property
shall be developed in compliance with the Eagle City Code and Eagle's
Comprehensive Plan as adopted at the time this Agreement is recorded,
except as otherwise provided in Section 1.3 of this Agreement.
1.4.2.2 Commercial uses shall conform with the "Community Commercial"
guidelines within the City of Eagle Comprehensive Plan dated February 13,
2007,except as otherwise provided in Section 1.3 of this Agreement.
1.4.2.3 For each acre zoned Mixed Use (MU)that is not developed as residential, 10
dwelling units shall be removed from the total maximum allowed number of
dwelling units provided under Section 1.4.1.1 ( 1,824 units)for the Property.
1.5 If the applicant chooses, a portion of the Property may be provided to the Meridian Joint
School District or other public school authority for use as one or more public school or public
charter school sites. The school site(s) shall be subject to Eagle's design review process and
standards set forth in Eagle City Code Section 8 2A.
1.5.1 Up to 50% of the site or the non-building portion of the site may be credited toward
the open space requirement for the Development.
1.5.2 The school site(s) shall be located north of Floating Feather Road and access to the
site(s)shall originate internally from the Property and not from any arterial road.
1.5.3 This Agreement is in lieu of a conditional use permit for development of the school
site(s)that would normally be required within the"R2"zoning district.
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1.9 Applicants shall comply with the landscape and buffering standards within ECC 8-2A. [sic]
1.11 Except as otherwise expressly provided in this Agreement, the Property can be developed in
accordance with the Eagle City Code in effect on the date this Agreement is recorded,
provided that if the permitted uses for the R (Residential District)and the MU (Mixed Use
District)are expanded,such expanded uses shall be allowed under this Agreement.
1.12 The City is planning for potable water service for the Property and to provide such service
agrees to follow the City of Eagle Municipally Owned Water System PWS #4010201
Amended Master Plan (Revised November 2005) as reasonably amended from time to time
("Facilities Plan"). Applicant has reviewed the Facilities Plan and agrees it is reasonable.
The City agrees that the Development's connection to the City's municipal water system is in
accordance with the Facilities Plan and payment of associated STL and related fees by the
Applicant under the Facilities Plan shall serve as compliance with Eagle City Code section 6-
5-23(C). Applicant and the City may establish an LID, latecomer fees or other equivalent
methods for funding of such fees consistent with the Facilities Plan. Applicant agrees to keep
the City informed as to Applicant's plat application(s) and related construction schedules for
the Development. Only in the event the City fails or otherwise refuses to provide potable
water service to the Property and after receiving a reasonable opportunity to cure such default
consistent with this paragraph and this Development Agreement, Applicant may seek
alternative potable water service from other capable providers. If Applicant obtains
alternative potable water service from another capable provider after complying with this
Agreement and giving the City a reasonable opportunity to provide water service as provided
herein, Applicant shall be relieved of any limitations on the transfer of Applicant's water
rights under Paragraph 1.14 below.
1.14 Because the Facilities Plan provides for all the potable water needs of the Development,
without requiring the City to acquire any additional water rights, and because Applicant
participated in the construction of the City's Brookwood well,Applicant shall not be required
to transfer any water rights to the City, unless the City purchases the same. All existing
ground water and surface water rights held by the Applicant shall remain in the ownership of
the Applicant unless transferred pursuant to this paragraph. Applicant may apply to the Idaho
Department of Water Resources to convert the beneficial use of such water rights as
necessary for development of the irrigation and aesthetic needs of the Development.
Applicant agrees that prior to any transfer of the water rights from the Property, Applicant
will provide the City a right of first offer for any ground or surface water rights that the
Applicant determines, in its sole discretion, are no longer needed on the Property for its
intended development.
E. DISCUSSION (based on the preliminary plat/PUD and submitted narrative, date stamped by the
City on November 29, 2022, and the executed development agreement (Ada County Instrument
#107164794):
• The subject site is a portion of the property associated with the executed development agreement.
Pursuant to the executed development agreement associated with the subject property, the
property was annexed and rezoned to MU-DA (Mixed Use with a development agreement)
consisting of 68.87-acres, R4-DA (Residential with a development agreement) consisting of
77.27-acres and R-2-DA (Residential with a development agreement) consisting of 130.61-acres.
Based on the acreage associated with the three (3) zoning designations and the executed
development agreement, the allowable number of dwelling units within the property is 1,290
(excluding the commercial area). The applicant is proposing a total of 613-dwelling units with a
gross density of 2.33-dwelling units per acre(excluding the commercial area).
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• The applicant is proposing to develop the site with single-family detached dwellings and single-
family attached dwellings consisting of two (2) dwelling units attached to one another by a
common wall with each dwelling located on a separate lot. The applicant is proposing 222-single-
family attached dwelling units. Pursuant to Eagle City Code Section 8-2-3, single- family
dwellings (new) and single-family attached dwellings require a conditional use permit within the
MU (Mixed Use) zoning designation. Based on the executed development agreement
recognizing the residential uses within the MU (Mixed Use) as permitted uses, the residential
dwellings continue to be permitted uses.
• The proposed development is located within the City of Eagle's Municipal Water Service Area.
Pursuant to Resolution No. 8-09,payment of Storage and Trunk Line (STL) fee is to be provided
at the time of preliminary and final plat applications. The amount of the STL fee is
$2,100/Equivalency Residential Customer (ERC). An ERC is equivalent to each residential
buildable lot. The applicant has submitted a storage trunk line deferral request, dated May 23,
2022, to the City of Eagle Water Department. The request is to delay paying the required STL
fee until submittal of a final plat application. The preliminary plat STL fees to be paid for the
subject subdivision is 25% of the $2,100/Equivalency Residential Customer (ERC): Based on
613-lots, the total STL fee required for the subdivision is $1,287,300.00 (based on the revised
preliminary development plan/preliminary plat) (excluding the commercial area and school site).
The STL fee required at the time of preliminary plat is $321,825.00. The applicant received
approval from the City of Eagle Water Department(of the waiver request)on May 23,2022. The
applicant should be required to pay the required$321,825.00 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).
• Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes are required to
conform with the closest compatible base zone identified in Eagle City Code Section 8-2-4. The
proposed setbacks as shown below are based on the dimensional standards identified on pages 13
and 14 of the provided narrative. The building setback data identified on the preliminary
plat/PUD differ from the dimensional standards identified within the narrative; therefore, staff
will base the analysis from the narrative. The provided narrative reflects the following minimum
lot sizes,maximum lot coverage,minimum lot widths,and setbacks for each of zoning districts:
Duet or Attached Single-Family Lots within the R2-DA,R4-DA,& MU-DA(sic):
Minimum Lot Size: 3,967 SF
Maximum Lot Coverage: 50 percent
Minimum Lot Width: 33 feet
Front Setback: 20 feet from back of walk to garage
Rear Setback: 20 feet
Side Setback: 5 feet and zero-lot line for attached single-family only
Street Side Setback: 20 feet
Single-Family Lots 8,000 SF to 16,999 within the R2-DA,R4-DA,&MU-DA(sic):
Minimum Lot Size: 8,000 SF
Maximum Lot Coverage: 40 percent
Minimum Lot Width: 70 feet
Front Setback: 20 feet from back of walk to garage
Rear Setback: 25 feet
Side Setback: 7.5 feet(lst story and 2.5 feet for 2nd story)
Street Side Setback: 20 feet
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SinErle-Family Lots 17,000 SF and above within the R2-DA,R4-DA,&MU-DA(sic):
Minimum Lot Size: 17,000 SF
Maximum Lot Coverage: 40 percent
Minimum Lot Width: 75 feet
Front Setback: 30 feet from back of walk to garage
Rear Setback: 30 feet
Side Setback: 10 feet(1 st story and 2.5 feet for 2nd story)
Pursuant to Eagle City Code Section 8-2-4,the following setbacks,maximum lot coverage, and
minimum lot widths are required:
MU(Mixed Use)zone
Front 20-feet
Rear 20-feet
Interior Side 7.5-feet(first story)/12.5-feet(second story)
Street Side 20-feet
Maximum Lot Coverage 50%
Minimum Lot Width 50-feet
R-2(Residential)zone
Front 35-feet
Rear 30-feet
Interior Side 10-feet(first story)/15-feet(second story)
Street Side 20-feet
Maximum Lot Coverage 40%
Minimum Lot Width 75-feet
R4(Residential)zone
Front 20-feet
Rear 25-feet
Interior Side 7.5-feet(first story)/12.5-feet(second story)
Street Side 20-feet
Maximum Lot Coverage 40%
Minimum Lot Width 70-feet
Eagle City Code Section 8-2-4(A)(4) states: A single-family dwelling that utilizes a side entry
garage shall be permitted to have a 5-foot reduction in the minimum required front yard setback
provided that the distance in no less than 15-feet within the MU zoning district.
Eagle City Code Section 8-2-4(G) states: All front load garages shall be setback a minimum of
25-feet from the back of sidewalk.
The proposed setbacks are based on lot sizes due to the mixture of lot sizes located within each
zoning district.
The applicant is proposing a 5-foot side yard setback with no additional spacing for two(2) story
structures for dwellings located within the areas which allow for duets or single-family attached
units. If the property had a zoning designation of R-6 (Residential) for single-family attached
dwellings a 5-foot setback for one (1) and two (2) story structures would be permitted for the
non-attached side of the dwelling units. Also,the applicant is proposing a front setback of 20-feet
from back of walk to garage. As previously stated, all front load garages are required to be
setback 25-feet from the back of sidewalk.
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The applicant is proposing a front setback of 20-feet from the back of walk to garage on the lots
which are 8,000-square feet to 16,999-square feet in size. As previously stated, all front load
garages are required to be setback 25-feet from the back of sidewalk. Also, the applicant is
proposing an additional 2.5-feet for two (2) story structures. Pursuant to Eagle City Code Section
8-2-3,an additional five feet(5')is required for a two(2) story structure.
The proposed setbacks for the lots which are 17,000-square feet or greater the applicant is
proposing a front setback of 30-feet from back of sidewalk. Also, the applicant is proposing an
additional 2.5-feet for two (2) story structures. Pursuant to Eagle City Code Section 8-2-3, an
additional five feet (5') is required for a two (2) story structure. Further, the applicant is not
proposing a street side setback although the preliminary plat/PUD shows corner lots on a few of
the blocks.
The street sections shown on the preliminary plat shows the 5-foot-wide sidewalks are located
one foot (1') into the buildable lots. Also, the preliminary plat shows a street section with a
detached 5-foot-wide sidewalk on one side of the street and an 8-foot-wide detached sidewalk
located on the opposite side of the street. The 8-foot-wide detached sidewalk affects Lots 44-52,
Block 29, Lots 2-6, Block 18, and Lots 7 and 8, Block 19. It should be noted that the City
measures the front setback from the property line,not from the back of the sidewalk.
It is staff s recommendation(based on the sizes and widths of the proposed lots and the location
of the sidewalk relative to the front property line)the setbacks should be as follows:
Attached Single-Family Lots 3,950-square feet to 7,999-square feet within the R-2-DA,R4-
DA,&MU-DA:
Minimum Lot Size: 3,967-square feet
Maximum Lot Coverage: 50 percent
Minimum Lot Width: 33-feet
Front Setback: 20-feet
31-feet(front load garage)
Rear Setback: 20-feet
Side Setback: 5-feet
0-feet(common wall)
Street Side Setback: 20-feet
Single-Family Lots 8,000-square feet to 16,999-square feet within the R-2-DA,R4-DA,&
MU-DA:
Minimum Lot Size: 8,000-square feet
Maximum Lot Coverage: 40 percent
Minimum Lot Width: 70-feet
Front Setback: 20-feet
31-feet(front load garage)
34-feet(front load garage Lots 44-52,Block 29)
Rear Setback: 25-feet
Side Setback: 7.5-feet(additional 5-feet/story)
Street Side Setback: 20-feet
Single-Family Lots 17,000-square feet and above within the R-2-DA,R4-DA, & MU-DA:
Minimum Lot Size: 17,000-square feet
Maximum Lot Coverage: 40 percent
Minimum Lot Width: 75-feet
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Front Setback: 30-feet
31-feet(front load garage)
34-feet(front load garage Lots 2-6,Block 18,Lots 7 and
8,Block 19)
Rear Setback: 30-feet
Side Setback: 10-feet(additional 5-feet/story)
Street Side Setback: 20-feet
• The applicant has provided architectural elevations showing the styles of homes to be constructed
within the development. If the conditional use permit, preliminary development plan, and
preliminary plat are 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 preliminary plat/PUD shows a "Central Open Area" located within Lot 43, Block 29. The
preliminary plat/PUD shows the "Central Open Area" serves as a gathering place with a
clubhouse, swimming pool facility, parking area, playground equipment, pickleball courts,
covered barbeques and picnic areas, sand volleyball,pond, and interconnected linear open spaces
with an extensive pathway network. The applicant should be required to construct the "Central
Open Area" located within Lot 43, Block 29, as shown on the preliminary plat/PUD. The
"Central Open Area" should be constructed with the amenities as identified on preliminary
plat/PUD prior to the City Clerk signing the final plat for Torrente Secco Subdivision No.2.
• The applicant's narrative indicates the development will have pocket parks which will include
playground equipment, splash pad, dog park, paths, and other amenities. The preliminary
plat/PUD shows the following amenities located within specific lots and blocks:
o Lot 1,Block 8—Playground equipment and covered sitting area
o Lot 1,Block 15—Splash pad
o Lot 1,Block 20—Playground equipment and covered sitting area
o Lot 1,Block 27—Covered sitting
o Lot 4,Block 29—Dog park
The applicant should be required to construct the referenced amenities with 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 April 5, 2021, 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 April 5, 2021. The required pathways should be completed with
the associated subdivision phase prior to the City Clerk signing the final plat.
The PPRC has recommended a 10-foot concrete pathway be constructed along the New Dry
Creek Canal in proximity to the east property line. The pathway should be constructed to the
city's adopted standard for concrete pathways and constructed concurrently with Phase No. 1 of
any development of the property. The specific location and design of the pathway shall be
reviewed and approved by the City Trails and Pathways Superintendent prior to submittal of a
design review application.The pathway should be located in a recorded 25-foot wide easement or
easements dedicated to and accepted by the City of Eagle.The instrument number of the recorded
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easement or easements should be referenced on the face of the plat, upon recordation of the final
plat(s) wherein the pathway is located. The City should also have the option to erect wayfnding
and other signage as needed.
• The property contains an existing grain silo located at the northeast portion of the property near
West Beacon Light Road within the MU-DA (Mixed Use with a development agreement) zone.
The silo is 60-feet 4-inches in height and has existing cellular equipment located at the top of the
structure. The applicant is requesting to relocate the cellular equipment to a tower within the
village commercial area. As part of the planned unit development request, the applicant is
requesting a waiver of the maximum height of 35-feet to relocate the personal wireless facility
within the village commercial area adjacent to Beacon Light Road. Pursuant to Eagle City Code
Section 8-2-3, a personal wireless facility over 35-feet in height requires approval of a
conditional use permit. Also, pursuant to Eagle City Code Section 8-3-5(S)(2)(b), personal
wireless facilities shall be camouflaged or concealed,not readily identifiable as such, designed to
be aesthetically compatible with existing and proposed uses on the site in the mixed use district.
Further, pursuant to Eagle City Code Section 8-3-5(S)(10) there are additional submittal
requirements associated with the placement of a personal wireless facility. The applicant should
be required to comply with Eagle City Code Sections 8-2-3 and 8-3-5(S) associated with the
placement of a personal wireless facility.
• This application has a conditional use permit associated with the planned unit development.
Pursuant to Idaho Code Section 67-6512(d) and Eagle City Code Section 8-7-3-5(D)(6) upon
granting of a conditional use permit, conditions may be attached to said permit which may
include provisions for on-site and off-site public facilities or services. The Idaho Transportation
Department (ITD) provided correspondence, date stamped by the City on January 24, 2022,
which indicated that ITD has completed their review of the Torrente Secco Development Traffic
Impact Study (TIS). Further, ITD is currently working with the local agencies to update their
procedures for calculation proportionate share contributions. Prior to final plat approval,ITD will
calculate a contribution that will be used for future projects on the State Highway System. ITD is
requesting the applicant enter into a Transportation Mitigation Agreement (TMA) and that the
City include the terms of the TMA as a condition of approval. The applicant should enter into a
Traffic Mitigation Agreement to address the required Idaho Transportation Department
improvements. The applicant should 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 issuance of a building permit,whichever occurs first.
• Plat note#4 of the preliminary plat/PUD references that all development within the subdivision is
subject to conditions of development associated with the executed development agreement and
any subsequent modifications. The note references the instrument number associated with the
executed development agreement. The note also contains language to list an instrument number
associated with the a subsequent modification. The applicant should be required to provide a
revised preliminary plat with plat note #4 modified to remove the language "(Instrument No.
)" which follows "subsequent modifications to the
development agreement." The revised preliminary plat/PUD should be provided prior to
submittal of a final development/frlal plat application.
• Plat notes #6 and #15 both reference the irrigation water provided by New Dry Creek Ditch
Company. Since the notes are duplicative plat note #15 should be deleted. The applicant should
be required to provide a revised preliminary plat/PUD with plat note #15 deleted. The revised
preliminary plat/PUD should be provided prior to submittal of a final development plan/final plat
application.
• The preliminary plat/PUD contains separate Easement Notes. Easement Note#2 indicates there is
a 12-foot wide public utilities, irrigation, and lot drainage easement located adjacent to the rear
lot lines or subdivision boundary. Pursuant to Eagle City Code Section 9-3-6, a 10- foot-wide
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easement is permitted adjacent to the rear property lines and subdivision boundaries. The
applicant should provide a revised preliminary plat/PUD with Easement Note #2 revised to
identify a 10-foot wide public utilities, irrigation, and lot drainage along the rear property lines
and subdivision boundaries. The revised preliminary plat/PUD should be provided prior to
submittal of a final development plan/final plat application.
• Easement Note #3 references all the common lots within the development by Lot and Block
number. The plat note references Lot 4, Block 23, as a common lot. Lot 4, Block 23, is a
buildable lot while Lot 5,Block 23,is actually shown as a common lot containing a pathway. The
applicant should be required to provide a revised preliminary plat/PUD with Easement Note #3
revised to remove the reference to Lot 4, Block 23, as a common lot and replace the lot removed
with Lot 5, Block 23. The revised preliminary plat/PUD should be provided prior to submittal of
a final development plan/final plat application.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on April 3, 2023,
at which time testimony was taken and the public hearing was closed. The Commission made their
recommendation at that time.
B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by no one
(not including the applicant/representative).
C. Oral testimony in opposition to the applications was presented to the Planning and Zoning Commission by
one(1) individual who indicated concerns with the following:
• The proposed density of the duplex area is too high.
• The silo located within the property is an icon within the area and should be preserved.
• The applicant should be required to reduce the density to no more than 2/dwelling units/acre.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The project is designed in conformance with the executed development agreement.
• The project is proposed with 13-phases to allow for the adjacent neighbors to adjust to impacts
associated with the development.
• Supportive of identifying the timing of construction of the required amenities by phases.
COMMISSION DECISION:
The Commission voted 4 to 0(Guerber absent)to recommend approval of CU-0 1-2 1/PPUD-0 1-2 1/PP-02-21 for a
conditional use permit, preliminary development plan, and preliminary plat for Torrente Secco Subdivision, with
the site specific conditions of approval and standard conditions of approval as provided within the Commission's
findings of facts and conclusions of law document,dated April 17,2023.
PUBLIC HEARING OF THE COUNCIL(Public Hearing Audio/Record):
https://eagle-
id.granicus.com/player/clip/1730?view id=1&redirect=true&h=adedd2fle811e98e7cd51e9888b09c38
A. A public hearing on the applications was held before the City Council on May 9, 2023, at which time
testimony was taken and the public hearing was closed. The Commission made their recommendation at that
time.
B. Oral testimony in favor of the applications was presented to the City Council by one (1) individual (not
including the applicant/representative) who indicated the subdivision is well designed and they support the
location of the school site and proposed pathways.
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C. Oral testimony in opposition to the applications was presented to the City Council by two(2)individuals who
indicated concerns with the following:
• The proposed density is too high.
• Is there adequate potable water to serve the site without affecting the adjacent wells?
• The roads located adjacent to the site need to be widened prior to development of the subdivision.
• The existing residents within Eagle will have to pay higher taxes to help construct the subdivision.
• The applicant should be required to reduce the density to no more than 2/dwelling units/acre.
• The central park within the development should be re-designed with additional parking.
• The irrigation headgate needs to be accessible for the adjacent neighbors to gain access.
• The mixed use area may contain business uses which are not compatible with the area.
• The duets located adjacent to West Beacon Light Road should be restricted to single-story.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-01-21/PPUD-01-21/PP-02-21 for a conditional use permit, preliminary
development plan, and preliminary plat for Torrente Secco Subdivision (Exhibit "A"), with the following
Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of
approval with underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-10-07 (Ada
County instrument No. 107164794).
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 upon receipt of an invoice by the city or prior to the City Clerk signing the final plat,
whichever occurs first.
4. The applicant shall pay the required $321,825.00 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 shall 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).
(Resolution No. 08-09)
5. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall
be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC
Section 8-2A-7(J).
6. The required setbacks shall be as follows:
Attached Single-Family Lots 3,950-square feet to 7,999-square feet within the R-2-DA,R4-DA,
&MU-DA:
Minimum Lot Size: 3,967-square feet
Maximum Lot Coverage: 50 percent
Minimum Lot Width: 33-feet
Front Setback: 20-feet
31-feet(front load garage)
Rear Setback: 20-feet
15-feet duets only
Side Setback: 5-feet
0-feet(common wall)
Street Side Setback: 20-feet
The duets shall be limited to sin lg a-story not to exceed 25-feet in height.
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Single-Family Lots 8,000-square feet to 16,999-square feet within the R-2-DA,R4-DA,&MU-
DA:
Minimum Lot Size: 8,000-square feet
Maximum Lot Coverage: 40 percent
Minimum Lot Width: 70-feet
Front Setback: 20-feet
31-feet(front load garage)
34-feet(front load garage Lots 44-52,Block 29)
Rear Setback: 25-feet
Side Setback: 7.5-feet(additional 5-feet/story)
Street Side Setback: 20-feet
Single-Family Lots 17,000-square feet and above within the R-2-DA,R4-DA, &MU-DA:
Minimum Lot Size: 17,000-square feet
Maximum Lot Coverage: 40 percent
Minimum Lot Width: 75-feet
Front Setback: 30-feet
31-feet(front load garage)
34-feet (front load garage Lots 2-6, Block 18, Lots 7 and 8,
Block 19)
Rear Setback: 30-feet
Side Setback: 10-feet(additional 5-feet/story)
Street Side Setback: 20-feet
Commercial Lots:
Minimum Lot Size: 5.000-square feet
Maximum Lot Coverage: 50 percent
Minimum Lot Width: 50 feet
Front Setback: 20 feet
Rear Setback: 20 feet
Side Setback: 7.5 feet
Street Side Setback: 20 feet
7. The single-family dwellings and single-family attached dwellings shall be constructed in substantial
conformance with the architectural styles shown on Exhibit "B" (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
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8. 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).
9. The applicant shall be required to construct the "Central Open Area" located within Lot 43, Block 29,
as shown on the preliminary plat/PUD. The "Central Open Area" shall be constructed with the
amenities as identified on preliminary plat/PUD prior to the City Clerk signing the final plat for
Torrente Secco Subdivision No. 2.
10. The applicant shall be required to construct the following amenities with the associated subdivision
phase:
• Lot 1,Block 8—Playground equipment and covered sitting area(Phase 8)
• Lot 1,Block 15—Splash pad(Phase 7)
• Lot 1,Block 20—Playground equipment and covered sitting area(Phase 4)
• Lot 1,Block 27—Covered sitting(Phase 1)
• Lot 4,Block 29—Dog park(Phase 7)
The amenities shall be constructed prior to the City Clerk signing the final plat for the associated
subdivision phase.
11. The applicant shall comply with the site specific conditions as outlined in the Parks, Pathways, and
Recreation Commission Pathway Recommendations memo, dated April 5, 2021. The required
pathways shall be completed with the associated subdivision phase prior to the City Clerk signing the
final plat.
12. A 10-foot-wide concrete pathway shall be constructed along the New Dry Creek Canal in proximity to
the east property line. The pathway shall be constructed to the City standard for concrete pathways and
constructed concurrently with Phase No. 1 of any development of the property. The specific location
and design of the pathway shall be reviewed and approved by the City Trails and Pathways
Superintendent prior to submittal of a design review application. The pathway shall be located in a
recorded 25-foot wide easement or easements dedicated to and accepted by the City of Eagle. The
instrument number of the recorded easement or easements shall be referenced on the face of the plat,
upon recordation of the final plat(s)wherein the pathway is located. The City shall also have the option
to erect wayfinding and other signage as needed.
13. The applicant shall be required to comply with Eagle City Code Sections 8-2-3 and 8-3-5(S)associated
with the placement of a personal wireless facility.
14. The applicant shall enter into a Traffic Mitigation Agreement to address the proportionate share costs
associated with 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 fast.
15. Provide a revised preliminary plat with plat note#4 modified to remove the language"(Instrument No.
)" which follows "subsequent modifications to the development agreement." The
revised preliminary plat/PUD shall be provided prior to submittal of a final development/final plat
application.
16. Provide a revised preliminary plat/PUD with plat note #15 deleted. The revised preliminary plat/PUD
shall be provided prior to submittal of a final development plan/final plat application.
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17. Provide a revised preliminary plat/PUD with Easement Note #2 revised to identify a 10-foot wide
public utilities, irrigation, and lot drainage along the rear property lines and subdivision boundaries.
The revised preliminary plat/PUD shall be provided prior to submittal of a final development plan/final
plat application.
18. Provide a revised preliminary plat/PUD with Easement Note #3 revised to remove the reference to Lot
4, Block 23, as a common lot and replace the lot removed with Lot 5, Block 23. The revised
preliminary plat/PUD shall be provided prior to submittal of a final development plan/final plat
application.
19. 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. 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.
20. All living trees shall be preserved unless otherwise determined by the Design Review Board. A detailed
landscape plan showing how the trees will be integrated into the open space areas (unless approved for
removal the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. Construction fencing shall be installed(pursuant to the Design Review Board's
direction)to protect all trees that are to be preserved,prior to the commencement of any construction on
the site.
21. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk
signing the final plat.
22. 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.
23. 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.
24. Torrente Secco Subdivision shall remain under the control of one Homeowners Association.
25. 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.
26. Owner shall work with the City to establish a Conservation and Education Program (CEP) Funding
Plan associated with Torrente Secco Subdivision. The CEP Funding Plan shall be executed by the
Owner and City prior to the City Clerk signing the final plat.
27. All plat notes that are required on the preliminary plat/PUD shall be transferred to the final plat prior to
submittal of a final development plan/final plat application.
28. 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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29. The common lot located adjacent to the east property line(Lot 43, Block 29) shall be deed restricted as
a no-build lot. The City Council encourages the applicant to dedicate the common lot as a conservation
easement.
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.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle
Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and
1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be
inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
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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.
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
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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.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above
the ground)noticing the contractors to clean up daily,no loud music,and no dogs off leash.
37. Owner shall provide a"Heavy Truck Traffic Plan"to be followed by any vehicle or equipment over
8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck
traffic routes shall maximize use of highways and major arterials while minimizing use of smaller
residential streets. The plan will also cite that compression braking is prohibited everywhere in
Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and
for monitoring compliance.
38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a"Notice to Proceed"with construction letter.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-01-21/PPUD-01-21/PP-02-21) and based
upon the information provided concludes that the application is in accordance with the City of Eagle
Title 9(Subdivisions)because:
a. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood,and will not be detrimental to the economic welfare of the community.
The subject property was operated as a commercial feedlot for over 70 years. The site was
annexed into the City of Eagle in 2007, however, it continued to operate as a feedlot. With the
expansion of urban development in the area, the current agricultural use became incompatible
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with the single-family residential uses. The contribution to the economic welfare of the Eagle
community will be enhanced by the proposed development, improvements, and recreational
amenities. Torrente Secco Subdivision is proposed for development in conformance with Eagle
City Code and the executed development agreement associated with the site;and
b. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
The proposed design shows sensitivity to the natural topography, waterways, and trees. The
proposed collector providing access to the property from West Beacon Light Road is in alignment
with North Hartley Lane. The site will contain a 60-foot-wide buffer located along West Beacon
Light Road and the residential area of the development. There will be a 35 to 45-foot-wide
landscaped buffer located along North Palmer Lane with modulation in lot configurations to
provide an open corridor. There will be a 50-foot-wide landscaped buffer located between West
Floating Feather Road and the residential area of the development. The site will also contain an
elementary school site located at the northeast corner of West Floating Feather Road and North
Moscow Way. The proposed development will not change the character or appearance that has
been established with the adjoining development; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
Torrente Secco Subdivision is proposed to be developed in a manner harmonious with existing
and future uses in the immediate vicinity;and
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons,property or the general welfare by
reason of excessive production of traffic,noise,smoke,fumes,glare or odors.
The development is planned for a mixed residential and commercial development. A school site
is proposed at the northeast corner of West Floating Feather Road and North Moscow Way. It is
not anticipated that any uses or activities will be detrimental to the surrounding properties upon
completion of the site work. Torrente Secco Subdivision will be served by North Palmer Lane
(collector), West Floating Feather Road (minor arterial), West Beacon Light Road (minor
arterial), and an internal street network located within the development; and
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
Torrente Secco Subdivision will be served by North Palmer Lane (collector) and West Floating
Feather Road (minor arterial), and West Beacon Light Road (minor arterial). All central services
are available to be extended to the site,as noted within the letters provided by the agencies having
jurisdiction over the site. Development of sewer,water, drainage, streets and other urban services
will be provided at the developer's expense;and
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time
of installation and before acceptance by the Eagle Sewer District, City of Eagle Water
Department,Ada County Highway District,or the Idaho Transportation Department;and
g. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
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The development will contain 29.9% of dedicated open space consisting of the required buffer
areas located adjacent to North Palmer Lane, West Floating Feather Road, and West Beacon
Light Road. The common area open space consists of a large central common area(24.77-acres)
which serves as a gathering place with a clubhouse, swimming pool facility, parking area,
playground equipment, pickleball courts, covered barbeques and picnic areas, sand volleyball,
pond, and interconnected linear open spaces with an extensive pathway network. Pocket parks are
proposed in the northern and southern portions of the project which include playground
equipment,paths,splash pad, and other active amenities; and
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
The development will include stub streets to the adjacent parcels which will provide intra-
neighborhood connectivity upon development of the adjacent properties. Access to the
development will be from West Beacon Light Road(North Hartley Way), West Floating Feather
Road, (North Moscow Avenue), North Palmer Lane, West Flathead Lake Street, and West Evita
Street. The site is also designed to allow for a future roundabout at the intersection of West
Beacon Light Road and North Palmer Lane. The design and construction of the roadways and
entrances is guided by the Ada County Highway District; and
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
The applicant has proposed a common area along the eastern boundary to preserve the existing
trees and provide a pathway connection; and
j. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
Condition of Development#1.3 of the executed development agreement(Ada County instrument
#107164794) required that development of the property shall be in conformance with the City of
Eagle's comprehensive plan in effect at the time the development agreement was recorded. The
comprehensive plan in effect at that time contained the following land use designations associated
with the site; 1) Village Center (80-acres), 2) Residential Four (85-acres), and Residential Two
(I 11.75-acres). The proposed development is in conformance with the comprehensive plan in
effect at the time of execution of the development agreement; and
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This application requests approval for a conditional use permit, preliminary development plan as
outlined in Eagle City Code and satisfies those requirements as well as will be required to meet
the conditions herein and the requirements of the executed development agreement associated
with the site. Also, a personal wireless facility (height-over 35-feet) and a structure over 35-feet
in height may be permitted in the MU (Mixed Use) zoning district if a conditional use permit is
approved by the City Council. In addition,the developer will be required to submit an application
for design review and comply with all Eagle City Codes and conditions of approval of the design
review; and
1. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
The development provides a mix of single-family detached and attached residential and
commercial uses. The commercial portion of the development will provide employment
opportunities and access to restaurants, shops, and services for the residents of the development
and the surrounding area. The development will also provide a school site for a future elementary
school. The proposed deviations from any standard district regulations are permitted through the
Page 33 of 36
KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2021\Torrente Secco Sub\Working Files\Torrente Secco Sub oef doc
executed development agreement. The applicant is required to submit a design review
applications for the subdivision and commercial buildings to be reviewed and approved by the
Design Review Board prior to submittal of a final plat application.
In case of large—scale PUDs(incorporating eleven (M)or more lots or dwelling units):
m. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space,recreation,maintenance, schools and solid waste collection.
The public services that would be provided to the development include the following:
Fire Protection
The development is located within the boundaries of the Eagle Fire Department.
Police Protection
The project will be served by the Eagle Police Department.
Water Service
The project is located within an area that is served by the City of Eagle Municipal Water System.
There is currently a new well(City of Eagle Well No. 6)which will provide service to the subject
development. The water infrastructure will be constructed at the developer's expense.
Sewer
The property is located within the boundaries of the Eagle Sewer District. The Eagle Sewer
District had a regional sewer lift station located near the proposed development. 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 29.9% of passive and active open space providing
the residents with a swimming pool, tot lots, clubhouse, and additional recreation amenities. A
system of pedestrian pathways will provide the residents a safe and efficient way to move through
the development. 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 Torrente Secco
Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and
maintained by the respective agencies.
Schools
Torrente Secco Subdivision is located within the West Ada School District boundaries. The
applicant is donating an elementary school site to the school district.
Solid Waste Collection
Solid waste collection is provided by Hardin Sanitation Service through a contract with the City
of Eagle.
Page 34 of 36
KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2021\Tov to Secco Sub\Wo&ing FilesUmente Secco Sub ccf.doc
n. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
The development will not create excessive additional requirements at public cost for public
facilities and services because the facilities and services will be constructed at the expense of the
developer as conditioned within the approval.
o. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
The estimated tax revenue generated to the City of Eagle from the development at build-out is
approximately $263,779.00/annually (with Homeowner's Exemption)(not including commercial
buildings) The development will also generate approximately $5,492,026.00 in impact fees and
water hook-up fees(not inclusive of building permit fees).
p. That suggested public (or private)means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. The developer provides the services in the initial stages of
development,therefore,the public service providers avoid potential liability and expenses.
DATED this 23rd day of May, 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ad County,Idaho
Ja n ierce,Mayor
A EST:
GV .....*
.• E •. •,
racy E orn,Eagle City Cl %� S
Page 35 of 36
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