Findings - PZ - 2023 - PP-24-22 - Terra View - Preliminary PLAT for Terra View Commericial Subdivision BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A PRELIMINARY PLAT FOR )
TERRA VIEW COMMERCIAL SUBDIVISION )
FOR TERRA VIEW,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-24-22
The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission
for their recommendation on June 19,2023,at which time public testimony was taken and the public hearing
was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written
testimony,and having duly considered the matter,makes the following Findings of Fact and Conclusions
of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Terra View,LLC,represented by David Sterling,P.E.,with Ardurra,is requesting preliminary plat
approval for Terra View Commercial Subdivision,a 63-lot(62-commercial, 1-multi-family)mixed
use subdivision.The 58.6-acre site is located at the northeast corner of State Highway 16 and West
Beacon Light Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the North Star Public Charter School at 6:00 PM, on
Wednesday,October 12,2022,in compliance with the application submittal requirement of Eagle
City Code.The application for this item was received by the City of Eagle on October 18,2022.A
revised preliminary plat was submitted to the City on May 20,2023.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on October 20, 2022, 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 June 2, 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 June 2,2023. The site was posted in accordance with the Eagle City
Code on June 9,2023.
D. HISTORY OF REVELANT PREVIOUS ACTIONS:
On December 9, 2009, 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 in lieu of a PUD) for the Terra View development for SB/CH Land Company
(Flack/Carlock),LLC.At that time the Council instructed staff to work with the applicant to address
the concerns of the Council regarding transitioning of lots adjacent to the eastern boundary prior to
approving the development agreement for the project(A-16-07/RZ-23-07).
On January 9, 2009, the City Council approved the development agreement associated with the
Terra View development for SB/CH Land Company(Flack/Carlock),LLC.
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On January 10, 2012,the City Council approved a modification to the development agreement to
extend the time for submittal of a preliminary plat application and to correct a typographical error
contained within a condition of development(RZ-23-07 MOD).
On February 4,2015, an extension of time to submit a preliminary plat was approved pursuant to
Condition of Development 3.2 of the executed development agreement(Instrument#109021224).
The extension of time was approved to be valid until February 25,2017(RZ-23-07).
On March 14,2017,the City Council approved a development agreement modification regarding
the timing of submittal of a preliminary plat application(RZ-23-07 MOD2).
On January 25,2022,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 [in
lieu of a PUD]for approximately 44-acres,a development agreement modification,and preliminary
plat approvals for Terra View Subdivision,a 460-lot(396-single family residential,4-commercial
[may allow up to 192-multi-family residential units], 60 common) mixed use subdivision (A-02-
21/RZ-02-21/RZ-23-07 MOD3/PP-03-21).
On January 25, 2022, the City Council approved a design review application for one office
(business and professional) budling and three storage buildings within Terra View Subdivision
(DR-34-21).
On March 2,2022,the City of Eagle Floodplain Administrator approved a Floodplain Development
Permit for Terra View(FPDP-03-21).
On March 22,2022,the City Council approved a design review application for the Terra View Park
and trailhead parking(DR-52-21).
On June 14, 2021, the City Council approved a design review application for the common area
landscaping including a clubhouse and pool(DR-26-22).
On June 14,2021,the City Council approved a design review application for two subdivision entry
features and one subdivision entry monument sign(DR-27-22).
On October 11, 2022, the City Council approved the final plat for Terra View Subdivision No. 1
(FP-13-22).
On January 10,2023,the City Council approved the final plat for Terra View Subdivision No. 2
(FP-15-22).
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/Community MU-DA(Mixed Use with a Agriculture
Center,Compact development agreement[in
Residential,Large Lot lieu of a PUD])
Residential, Scenic
Corridor
Proposed No Change No Change Mixed use subdivision
North of site Large Lot Residential MU-DA(Mixed Use with a Two(2)single-family
development agreement[in residences and vacant
lieu of a PUD]) property
South of site Village/Community MU-DA(Mixed Use with a Agriculture,vacant
Center and Scenic development agreement),and parcel,and proposed
Corridor C-1-DA(Neighborhood Treasure Valley
Business with a development Chevron
agreement)
East of site Village/Community MU-DA(Mixed Use with a Single-family
Center,Compact development agreement[in residence
Residential,and Large lieu of a PUD])and RUT
Lot Residential (Residential—Ada County
designation)and
West of site Mixed Use,Large Lot RUT(Residential—Ada Three(3)single-
Residential,and Estate County designation),MU- family residences,golf
Residential(City of Star) DA(Mixed Use with a course,and restaurant
development agreement[in
lieu of a PUD])
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site—58.6-acres
Total Number of Lots—63
Residential— 1
Commercial—62
Industrial—0
Common—0
Total Number of Units— 192
Single-family—0
Single-family attached—0
Two-family—0
Multi-family— 192(within the 12-acre multi-family
residential lot)
Total Acreage of Any Out-Parcels—0
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•
GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The Landscape Color Exhibit, date stamped by the City on October 17, 2022, shows landscaping
adjacent to the perimeter of the site.
Open Space:
There are no common lots dedicated to open space. As part of the design review process, the
applicant will be required to comply with landscaping requirements (associated with individual
lots)pursuant to Eagle City Code Section 8-2A-7(B)(1-2).
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales,or drain piping,
will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be
reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb,or to the drainage easement,and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 10 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District and the Star
Fire Protection District.
On-site Septic System—No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site,state law requires immediate notification
to the state.
J. STREET DESIGN:
Public Streets:
See ACHD staff report,date stamped by the City on May 17,2023 (attached to the staff report).
Applicant's Justification for Private Streets:None proposed.
Blocks Less Than 500':None proposed.
Cul-de-sac Design:None proposed.
Sidewalks:
The street section on the preliminary plat, date stamped by the City on October 17, 2022, shows
the internal streets will have a detached 5-foot wide sidewalk separated by a 9.2-foot landscaped
planter strip. The street section for West Beacon Light Road shows a 12-foot wide sidewalk
separated from the road by a gravel shoulder and borrow ditch.
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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.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
L. PUBLIC USES PROPOSED: All sidewalks within the development are open to the public.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—yes—Zone"A",FIRM panel#16001 C0130J,effective date 06/19/2020
Mature Trees—no
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—no
Unique Plant Life—no
Unstable Soils—no
Wildlife Habitat—unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
See"Terra View Subdivision,Environmental Impacts Memo,"date stamped by the City on October
18,2022(attached to the staff report).
See"Wetlands Review Letter,Preliminary Plat Application,"date stamped by the City on October
18,2022(attached to the staff report).
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments,which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated February 22, 2023,are of special
concern(attached to the staff report).
Ada County Highway District
Communities in Motion 2050(COMPASS)
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
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Star Fire Protection District
Q. 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 October 21,2022,are of special concern(attached to the staff report).
R. LETTERS FROM THE PUBLIC(attached to the staff report):
Correspondence received from Gino and Susan Guidi,date stamped by the City on June 8,2023.
S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE COMMERCIAL SITE:
Terra View Commercial Subdivision is proposed with 6 phases. The first phase is proposed with
the multi-family residential lot and will contain between 6-12 commercial lots and will be
completed within 1-2 years. The remaining phases will be developed based on demand for
commercial lots. The phases may be different than the submitted phasing plan based on market
demand.
T. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest,advances the general welfare of the community
and neighborhood,and will not be detrimental to the economic welfare of the community.
2. That the development be designed,constructed,operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and
how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses,activities,processes,materials,equipment,and/or
conditions of operation that will be detrimental to any persons,property or the general welfare
by reason of excessive production of traffic,noise,smoke,fumes,glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation,and/or other special features which would not typically be provided in
a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss,or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
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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 fifty(50) 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.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map(adopted November 15, 2017),designates this site as the
following:
Village/Community Center
Village and Community Centers are intended to serve as mixed use centers for goods,services and
employment for areas that are removed from downtown Eagle. Uses and residential densities vary
based on location. See the planning area text for a complete description of site specific uses.
Compact Residential
Suitable for single family residential,row houses,duplex and four-plexes. Densities range from 4
units per acre to 8 units per acre.
Large Lot Residential
Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1
unit per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities
higher than 1 unit per 2 acres. Open space and parks in this area will be generally limited. Land
uses in this category will tend to appear as suburban large lot and generally less agrarian than the
Estate Residential and Agricultural/Rural designations.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the-city.These areas may require berming,enhanced landscaping,detached
meandering pathways and appropriate signage controls.
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6.6 Village Planning Area
6.6.1 Village Planning Area Uses/Design
A. The land use and development policies specific to the Village Planning Area include
residential,commercial,retail,civic,research and development park,corporate and/or
educational campus,hospitality,and office uses. Non-residential uses will be focused
in the Village Center.
1. Village Center: The Village Center is generally located along the north and south
sides of Beacon Light Road, extending from State Highway 16 East to Hartley
Lane, as shown on the Future Land Use Map(Map 6.1).All Non-residential uses
will be focused in the Village Center. This area is comprised of three key
components:
a. A research/development park,educational campus,and/or corporate park area
designed to provide sufficient space for corporate headquarters in a park-like
setting with ancillary commercial uses located in the Village Center;and
b. The village center should include supporting office, retail commercial,
hospitality, and civic uses that will benefit and support the non-residential
uses,as well as the larger residential area;
c. Office and restaurant uses with drive thrus are considered a supporting use to
the corporate and campus uses. Office and restaurant uses that are
appropriately designed and internally oriented to the larger development area
may be considered on a case by case basis. (See Figure 6.9)
d. Non-residential development in the northeast portion of the Village Center
should be designed and oriented to capitalize on the needs of users of the future
22-acre Terra View Park.
2. Residential Uses should be developed as follows:
a. New developments proposed near the Village Center in the Compact
Residential designation are encouraged to include apartments, town homes,
condominiums, patio homes, bungalows and live/work units ranging in
densities from 4 to 8 units per acre.
d. All non-residential use in the Village Planning area should be directed to the
Village Center or the commercial center at State Highway 16 and State
Highway 44(See Moon Valley& State Planning Area Section 6.10).
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Figure 6.9:Village Center Concept Figure 6.10: Farmland Cluster
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-., ee e - t a
\ . vFi. M yT t eP:I qi
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Source: Rural by Design by Randall Ardent
6.6.3 ISSUES OF CONCERN
A. The scaling and compatibility of uses will be of significant concern in this area. In
order for non-residential uses to locate in this area they will require the establishment
and development of residential uses prior to construction. The compact residential
designation should be developed to support the planned non-residential uses in the
area. New residents should be made aware that the area is intended to have
research/development park,educational campus,and/or corporate park uses in the area.
C. Special care should be taken to ensure that employment uses are incorporated into the
Village Center. The Village Center designation is scaled for the inclusion of
employment uses. If the City allows the area to shift into a retail and/or commercial-
only area the size of the land use designation should be re-scaled.
D. Special care should be taken to ensure that non-residential uses area internally oriented
to the Village Center and that buildings and signage do not clutter the State Highway
16 corridor. If special care is not taken the vision of the City of Eagle for State
Highway 16 to serve as an entry corridor will not be achieved.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the
zoning districts have been formulated to realize the general purposes as set forth in this title.In
addition,the specific purpose of each zoning district shall be as follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited
office,limited commercial,and residential. This district is intended to ensure compatibility of
new development with existing and future development. It is also intended to ensure
assemblage of properties in a unified plan with coordinated and harmonious development
which shall promote outstanding design without unsightly and unsafe strip commercial
development. Uses should complement the uses allowed within the CBD zoning district. All
development requiring a conditional use permit in the MU zoning district,as shown in section
8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in
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accordance with chapter 6 or 10 of this title unless the proposed development does not meet
the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative
development, in conjunction with adjacent parcels (to meet the minimum area requirements),
shall be encouraged. Otherwise,a conditional use permit shall be required unless the proposed
use is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapter.
Residential densities shall not exceed ten(10) dwelling units per gross acre. When a property
is being proposed for rezone to the MU zoning district a development agreement may be
utilized in lieu of the PUD and/or conditional use process if approved by the city council
provided the development agreement includes conditions of development that are required
during the PUD and conditional use process.
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines,rear lot lines and side lot
lines. Easement width shall be ten(10') feet along rear and front lot lines and five feet along
each side lot line,except that lesser easement widths,to coincide with respective setbacks,may
be considered as part of a planned unit development.
B. A five foot(5')wide unobstructed drainageway easement shall be provided in conjunction with
the utility easement along each side lot line or as required by the city council,except that lesser
easement widths,to coincide with respective setbacks,may be considered as part of a planned
unit development.
D. FLOOD CONTROL PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 10-1-8-7: Floodplain and Floodway Standards:
Within the special flood hazard areas designated as zone A (also known as unnumbered A
zones) and established in section 10-1-6, where no base flood elevation(BFE) data has been
provided by FEMA,the following provisions,in addition to the provisions of section 10-1-8-2
and section 10-1-8-6,shall apply.
The BFE used in determining the flood protection elevation (FPE) shall be based on the
following criteria:
3. All subdivision,manufactured home park, and other development proposals shall provide
base flood elevation(BFE) data if development is greater than five(5) acres or has more
than fifty(50)lots/manufactured home sites.Such base flood elevation(BFE)data shall be
adopted by reference in accordance with section 10-1-6 and utilized in implementing this
chapter.The applicant/developer shall submit an application for a conditional letter of map
revision (CLOMR) prior to preliminary plat approval and have obtained a letter of map
revision(LOMR)prior to any building permits for structures being issued.
E. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL (based on the executed development agreement, Ada County
instrument#2022-045481):
3.1 The maximum density for the Property shall be 2.09 dwelling units per acre (392-single-
family lots, 192-multi-family,or single-family attached dwellings).
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3.7 Land Uses. The Property shall consist of approximately 270.4 acres of single-family
residential use and approximately 60.6 acres of mixed-use in the Multi Use Area,as shown
on Exhibit A,that may include up to 12-acres of multi-family and/or single-family attached
dwellings. The residential area may include approximately 71.5 acres of common area,
including a community park with a swimming pool, significant lake and pond amenities.
Approximately 2 acres in the Multi Use Area shall be dedicated to the City of Eagle for its
selected uses. An approximately 3.2-acre parcel located in the northeast corner of the
Property with separate access off Hartley Rd.shall be reserved for Terra View,LLC's office
with parking and enclosed equipment garage(the"Development Office Lot").
3.7.2 The Property is located within the Village Planning Area pursuant to the 2017 Eagle is
Home Plan,Chapter 6.6. Owner agrees that all land uses to be utilized on the Property
shall be compatible with the Village Planning Area as identified in the Comprehensive
Plan emphasizing mixed-uses of residential and commercial development. Non-
residential use will be focused within the Village Center. Residential and non-
residential development shall emphasize pedestrian-friendly development.
3.7.2.1 Residential development shall consist of single-family homes and up to a
maximum of 12-acres located within the Multi Use Area may consist of multi-
family and/or single-family attached dwellings. Multi-family and/or single-
family attached dwellings do not count against the 240,000 SF limit in Section
3.7.3 below.
F. DISCUSSION(based on the preliminary plat, date stamped by the City on May 20, 2023):
• Page #C 1.0 of the preliminary plat identifies a future ITD right-of-way dependent on ITD
environmental study. The timing of completion of the environmental study is unknown. The
area identified consists of portions of Lots 1, 2, 9, 10, 16, 17,26-28,Block 1. In the event the
identified area is dedicated to ITD,the dedication will impact the referenced lots regarding how
the lots may be developed in the future. The applicant should be required to provide a revised
preliminary plat showing the area identified as "future ITD right-of-way dependent on ITD
environmental study" located within a separate lot. The revised preliminary plat should be
provided prior to submittal of a final plat application.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 19,
2023, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by one(1) individual who had a concern with noise and pollution due to the increased traffic on State
Highway 16.
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COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of PP-24-22 for a preliminary plat for Terra View
Commercial Subdivision with the following staff recommended site specific conditions of approval and
standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-23-07 MOD3
and RZ-02-21.
2. Comply with all conditions of FPDP-03-21.
3. Comply with all requirements of the City Engineer.
4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project,prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,
whichever occurs first.
5. Provide a revised preliminary plat showing the area identified as "future ITD right-of-way dependent
on ITD environmental study" located within a separate lot. The revised preliminary plat shall be
provided prior to submittal of a final plat application.
6. All living trees shall be preserved, unless otherwise determined by the Design Review Board and the
City Council. A detailed landscape plan showing how the trees will be integrated into the open space
areas or private lots (unless approved for removal by the City Council) shall be provided for City
Council final approval prior to the submittal of a fmal 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.
7. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the
Design Review Board)along both sides of all streets within this development. Trees shall be placed at
the front of each lot generally at each side property line, or as approved by the Design Review Board.
The trees shall be located within an 8-foot-wide landscape strip between the 5-foot-wide concrete
sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as to not
interfere with the required placement of street trees. Prior to the City Clerk signing the fmal 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. (ECC 8-2A-7[E] and ECC 8-2A-18)
8. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting and within this site prior to approval of a final plat. (ECC 9-4-1-2)
9. 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).
10. The Terra View Commercial Subdivision shall remain under the control of one Homeowner's
Association.
11. The applicant shall place a note on the final plat that the pressurized irrigation system is to be owned
and maintained by the Homeowner's Association.
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12. 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.
13. Owner shall work with the City to establish a Conservation and Education Program (CEP) Funding
Plan associated with Terra View Commercial Subdivision. The CEP Funding Plan shall be executed
by the Owner and City prior to the City Clerk signing the final plat.
14. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of a final plat application.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs,gutters,streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include,but not be limited to,extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the 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.
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9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s)shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
surety shall be submitted to the City Clerk,prior to the City Engineer signing the final plat. The
CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney,
prior to the City Engineer signing the final plat,requiring that lots be so graded that all runoff runs
either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction,rerouting,covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including,but not limited to,landscaping,fencing,lighting,and/or pathways shall
not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal,
or drain,used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district,canal company,ditch association,drainage district,drainage entity
or other irrigation entity associated with such ditch,pipe or other structure,drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity,drainage district,or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way,prior to the City Engineer signing the fmal plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the street
lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association,whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service,and
as may be required by the Eagle City Code,prior to the City Engineer signing the final plat.
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16. An approval letter from the Star Fire Protection District shall be submitted to the City prior to the
City Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Star Fire Protection
District officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Star Fire Protection District prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction,and shall
be verified in writing by the Star Fire Protection District prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Star Fire
Protection District prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,providing
for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities,the covenants and restrictions,homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping,common area and subdivision signage prior to the City Engineer signing the
final plat.
20. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other
area designated by the City Council or the Eagle Parks,Pathways,and Recreation Commission for
a path or walkway shall be approved in writing by the Eagle City Parks,Pathways,and Recreation
Commission prior to approval of the final plat by the City Council.
21. Conservation,recreation and river access easements(if applicable)shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to the City Engineer signing the final plat.
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24. The development shall comply with the Boise River Plan(if applicable)in effect at the time of City
Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain(if applicable)from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the floodplain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan,and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
30. No public board,agency,commission,official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements required by the Eagle City Code
Title 9"Land Subdivisions"until the final plat has received the approval of the City Council(ECC
9-6-5(A)(2)).
After Council approval of the final plat,the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements(see resolution 98-3)prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit,Certificate of Deposit,cash deposit or certified check.
31. In accordance with Eagle City Code,failure to obtain a recorded final plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a
time extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators,Registered Land Surveyor,County Engineer,Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer,and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights,claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that"Digline"has performed an inspection of the site
shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
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36. The applicant shall install at the entrance to the subdivision a 4'x 4'plywood or other hard surface
sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above
the ground)noticing the contractors to clean up daily,no loud music,and no dogs off leash.
37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment
over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy
truck traffic routes shall maximize use of highways and major arterials while minimizing use of
smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-
contractors and for monitoring compliance.
38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a"Notice to Proceed"with construction letter
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed development
agreement in lieu of a PUD, and based upon the information provided concludes that the proposed
development is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives 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 proposed Terra View Commercial Subdivision is a portion of the proposed Terra View
Subdivision. Terra View Subdivision will contain an active balanced community with public
walking paths, open space, and recreational spaces that promote a high quality of life. The
subdivision will offer a variety of housing which includes single-family dwellings and the
possibility of single-family attached dwellings.The commercial component of the subdivision will
provide a mix of employment-based uses,services,and ancillary commercial/retail uses;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 Terra View Subdivision (inclusive of Terra View Commercial Subdivision) will include a
residential component,employment-based uses, commercial/retail uses, and public facilities. The
subdivision will be maintained by a professionally managed homeowner's association and
commercial owner's association. All green space including the homes will be maintained by the
respective associations.The public park area and public trailhead will be maintained by the City of
Eagle;and
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
The commercial area associated with Terra View Commercial Subdivision is a portion of Terra
View Subdivision. Terra View Subdivision is designed to conform to the design guidelines
identified within the Village Planning Area contained within the comprehensive plan. The
amenities are designed to complement the surrounding communities and will be reviewed and
approved through the city's design review process; and
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons,property or the general welfare by
reason of excessive production of traffic,noise,smoke,fumes,glare or odors.
The development is planned for residential and commercial uses as identified within the
comprehensive plan. It is not anticipated that any uses or activities will be detrimental to the
surrounding properties upon completion of the site work. Terra View Subdivision will be served
by State Highway 16 (principal arterial) and West Beacon Light Road (minor arterial), and an
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internal public 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.
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.The applicant will be contributing
$473,798.00 into a road trust held on behalf of the Idaho Transportation Department or constructing
improvements to the state highway system to mitigate the impact to the state highway system of
the Terra View development.At buildout,the commercial portion of the development will generate
approximately$1,135,901.00 in tax revenue annually to the respective taxing entities;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 Municipal Water
System,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.
Terra View Subdivision (inclusive of Terra View Commercial Subdivision) will contain 32.8%
(based on the residential area)of dedicated open space consisting of a public park,public trailhead,
small park area with a swimming pool and pool house, ponds and pathways. The applicant is
submitting a Conditional Letter of Map Revision(CLOMR) to address the areas of special flood
hazard located within the site;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 to the north to provide
interconnectivity between West Beacon Light Road and the properties to the north. Access to the
development will be from West Beacon Light Road.The design and construction of the 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.
No natural,scenic,or historic features of major importance are known to exist on the site; and
j. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The development is designed to follow the objectives of the Village Planning Area contained within
the comprehensive plan; 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 of a preliminary plat as outlined in Eagle City Code and satisfies
those requirements as well as will be required to meet the conditions herein and the executed
development agreement associated with the site. 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
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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.
Terra View Subdivision(inclusive of Terra View Commercial Subdivision)will provide a mix of
commercial,public park,public trailhead,single-family dwellings,and the option of single-family
attached residential uses. The commercial portion of the development will provide employment-
based opportunities and access to restaurants, shops, and services for the residents of the
development and the surrounding area. The proposed deviations from any standard district
regulations will be permitted through a development agreement. The applicant is required to submit
design review applications for the subdivision and commercial buildings to be reviewed and
approved by the Design Review Board and City Council prior to submittal of a final plat
application.
In case of large—scale PUDs(incorporating fifty(50)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 Star Joint Fire Protection District.
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.
Sewer
The property is located within the boundaries of the Eagle Sewer District. 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 of the roads they will be dedicated to the Ada County Highway District.
Open Space
The proposed Terra View Commercial Subdivision is a portion of the proposed Terra View
Subdivision. The Terra View Subdivision will contain a minimum of 32.8% (based on the
residential area)of passive and active open space providing the residents with a small park with a
swimming pool and pool house, ponds, public park and public trailhead. 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. Also, pursuant to Eagle City Code
Section 8-2A-7(B)(1-2), the applicant is required to provide a minimum of 15-percent of
landscaping on multi-family residential sites and a minimum of 10-percent of landscaping on
commercial sites.
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Maintenance
The maintenance of any private open space areas will be regulated by the Terra View Homeowner's
Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by
the respective agencies.
Schools
Terra View Subdivision is located within the West Ada School District boundaries.
Solid Waste Collection
Solid waste collection is provided by Hardin Sanitation Service through a contract with the City of
Eagle.
n. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
The 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$105,000/annually.
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.
3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat(PP-
24-22) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9(Subdivisions)because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or Eagle City Code Title 9,as shown within the
findings provided within this document and the proposed uses are in accordance with the land use
designations of this area shown within the Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such police and fire
protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide adequately
any such services, as noted in the documentation provided from said agencies and as required as a
part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would prevent
continuity;
d. That based upon agency verification and additional written comments of the Star Fire Protection
District, Eagle Sewer District, and Ada County Highway District as conditioned herein, there is
adequate public financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of approval as set
forth within the conditions of approval herein.
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DATED this 17th day of July,2023.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
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