Findings - CC - 2023 - A-08-22/RZ-10-22/CU-09-22/PPUD-06-22/PP-16-22 - Annexation and Rezone from RUT (Rural-Urban Transition-Ada County Designation) to R-3-DA-P (Residential with a Development Plan and Prelimiary Plat) for Shetland Point Subdivsion BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
AN ANNEXATION AND REZONE FROM RUT )
(RURAL-URBAN TRANSITION—ADA COUNTY )
DESIGNATION)AND R1 (RESIDENTIAL—ADA )
COUNTY DESIGNATION)TO R-3-DA-P(RESIDENTIAL )
WITH A DEVELOPMENT AGREEMENT—PUD), )
CONDITIONAL USE PERMIT,PRELIMINARY )
DEVELOPMENT PLAN,AND PRELIMINARY PLAT )
FOR SHETLAND POINT SUBDIVISION FOR A TEAM )
CONSULTANTS—STEVE ARNOLD )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-08-22/RZ-10-22/CU-09-22/PPUD-06-22/PP-16-22
The above-entitled annexation, rezone with a development agreement, conditional use permit,
preliminary development plan,and preliminary plat applications came before the Eagle City Council for
their consideration on May 5, 2023. At the request of staff the applications were remanded based on
improper notice. The applications were re-noticed and came back before the City Council for their
consideration on July 11, 2023, at which time public testimony was taken. The City Council directed
the applicant to provide building elevations showing the style of homes within the subdivision.The City
Council continued the public hearing to July 25, 2023, limiting public testimony to the proposed
building elevations. The applications came before the City Council for their action on July 25,2023, 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:
Steve Arnold with A Team Land Consultants is requesting an annexation, rezone from RUT
(Rural-Urban Transition — Ada County designation) and R1 (Residential — Ada County
designation) to R-3-DA-P (Residential with a development agreement—PUD), conditional us
permit, preliminary development plan, and preliminary plat approvals for Shetland Point
Subdivision, a 13-lot (10-buildable, 1-existing residence, 2-common) residential planned unit
development. The 5.10-acre site is located on the west side of North Park Lane approximately
400-feet south of the intersection of West Floating Feather Road and North Park Lane at 1025
North Park Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, on Tuesday, March 29, 2022, in
compliance with the application submittal requirement of Eagle City Code. The applications for
this item were received by the City of Eagle on June 17, 2022. A revised preliminary
development plan — preliminary plat was submitted to the City on November 29, 2022. A
second revised preliminary development plan—preliminary plat, revised narrative, and revised
"Pressure Irrigation Assessment Report"were submitted to the City on December 27, 2022. A
revised pressurized irrigation request was submitted to the City on January 12, 2023. A third
revised preliminary development plan—preliminary plat was submitted to the City on February
1,2023.A second revised narrative was submitted to the City on February 8,2023.
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C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on June 23, 2022, in accordance with the
requirements of the Eagle City Code.Notice of Public Hearing on the applications for the Eagle
Planning and Zoning Commission was published in accordance with the requirements of Title
67,Chapter 65,Idaho Code and the Eagle City Code on February 3,2023. Notice of this public
hearing was mailed to property owners in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on February 3, 2023. The site was posted in
accordance with the Eagle City Code on February 10,2023.
APPLICATION RE-NOTICE DATES FOR PUBLIC HEARING:
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 June 22, 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 23,
2023.The site was posted in accordance with the Eagle City Code on June 26,2023.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT
AGREEMENT:
See applicant's justification letter, date stamped by the City on February 8, 2023 (attached to
the staff report).
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G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood RUT(Rural-Urban Single-Family Residence
Residential Transition—Ada County
(Transition Overlay) designation)and R1
(Residential—Ada
County designation)
Proposed No Change R-3-DA-P(Residential Single-Family,Residential
with a development Planned Unit Development
agreement—PUD)
North of site Neighborhood RUT(Rural-Urban Church
Residential Transition—Ada County
(Transition Overlay) designation)
South of site Neighborhood R-E(Residential-Estates) Single-Family Residential
Residential Subdivision(Rays Acres
(Transition Overlay) Subdivision)
East of site Neighborhood R-3-DA (Residential Single-Family Residential
Residential with a development (Monticello Estates
(Transition Overlay) agreement),RUT(Rural- Subdivision), Single-Family
and Public/Semi- Urban Transition—Ada Residential Subdivision
public County designation) and (Rays Acres Subdivision)
PS (Public/Semipublic) and Eagle High School
West of site Neighborhood RUT(Rural-Urban Single-Family Residential
Residential Transition—Ada County Subdivision(Asbury Park
(Transition Overlay) designation)and R-E-DA No. 1)
(Residential-Estates with
a development
agreement)
H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA, CEDA or DSDA.
SITE DATA:
Total Acreage of Site—5.10-acres
Total Number of Lots— 13
Residential— 11 (including one [1] existing)
Commercial— 0
Industrial— 0
Common—2
Total Number of Units— 11
Single-family— 11
Single-family attached—0
Two-family—0
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Multi-family—0
Total Acreage of Any Out-Parcels—0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 2.16-dwelling units/acre 2.16-dwelling units per
acre maximum(as limited
by the development
agreement)
Minimum Lot Size 10,101-square feet 10,000-square feet
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 75-feet 75-feet(minimum)
Minimum Street Frontage 71-feet 35-feet
Total Acreage of Common Area 1.11-acres 1.02-acres(minimum)
Open Space
Percent of Site as Common Area 21.7% 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 PUDs or in
subdivisions with 11 or more
lots.
Percent of Common Area Open 21.8%(11,445-square feet) 15%(7,843-square feet)
Space as Active Open Space (minimum)
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J. GENERAL SITE DESIGN FEATURES:
Open Space:
A total of 1.11-acres (21.7%) of open space is proposed within the subdivision. The common
area open space consists of the required buffer area along Park Lane and a common lot(Lot 13,
Block 1) located on the south side of Mustang Place. The common lot south of Mustang Place
is proposed to consist of two (2) gazebos, 8-foot wide pathway, ACHD storm water facility,
planter strips, and a landscape island.
Landscape Screening:
The applicant is proposing a 35-foot-wide landscaped buffer along Park Lane (collector)
located 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).
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 graded
so 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:
The proposed easement widths as noted on the preliminary plat, date stamped by the City on
February 1, 2023, are in conformance with Eagle City Code Section 9-3-6. The existing house
is served by overhead power.
Fire Hydrants and Water Mains:
The preliminary plat, date stamped by the City on February 1, 2023, shows two (2) fire
hydrants located within the subdivision. The first fire hydrant is located on the north side of
Mustang Place in proximity to the intersection of Park Lane and Mustang Place. The second
fire hydrant is located on the north side of Mustang Place approximately 500-feet from the
entrance of the subdivision to Park Lane. Hydrants are to be located and installed as required by
the Eagle Fire Department.
On-site Septic System:
The existing residential dwelling located in proximity to the northeast corner of the property is
served by a septic system. The septic system will be abandoned during construction of the
subdivision.
Preservation of Existing Natural Features:
The existing home is surrounded by several mature trees. The applicant will be required to
preserve the existing trees or mitigate for any trees proposed to be removed.
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.
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K. STREET DESIGN:
Private or Public Streets:
The development will be served by a single public street. The construction plans associated
with the proposed public street will be reviewed and approved by Ada County Highway District
prior to construction.
Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500':None
Cul-de-sac Design:
One(1)cul-de-sac is proposed:
Mustang Place: 760-feet in length, 50-foot radius
Sidewalks:
The preliminary plat, date stamped by the City on February 1, 2023, show a five-foot-wide
detached sidewalk located on the north side of Mustang Place.
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.
L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat, date stamped by the City on February 1, 2023, shows two (2) eight-foot-
wide detached pedestrian pathways. The pedestrian pathways are located on the south side of
Mustang Place and adjacent to Park Lane.
Bike Paths:None proposed.
M. PUBLIC USES PROPOSED:None proposed.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The Eagle Sewer District provided an email which indicated the property is not annexed into
the District. Upon annexation, the property may be served from a sewer line located within
North Park Lane. The property will be served by Veolia Water of Idaho, Inc.
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P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes—several trees located behind the existing residence located at the northeast
corner of the property
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—yes—within the existing trees
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
R. 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 15, 2023, are of
special concern(attached to the staff report).
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
S. LETTERS FROM THE PUBLIC: None received to date.
T. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The development is proposed to be constructed in a single phase.
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.
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5. That the development will be served adequately by essential public facilities such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water and
sewer, and schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be
provided in a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference
with traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic
or historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the
surrounding area for this proposed development justifies any proposed deviation from any
standard district regulations.
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.
17. LANDSCAPING:
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of
existing landscape, pedestrian way treatment, and recreational areas, incorporated into this
development,exceed that of a non PUD development.
18. SITING:
That the quality of the designs for visual focal points, use of existing features such as
topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular
circulation pattern, physical environment, variation in building setbacks, and building
grouping (such as clustering), incorporated into this development, exceed that of a non
PUD development.
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19. DESIGN FEATURES:
That the quality of the designs for street sections, architectural styles, harmonious use of
materials, parking areas broken by landscaping features, and varied use of housing types,
incorporated into the development, exceed that of a non PUD development.
V. FISCAL IMPACT ANALYSIS:
See Developer Data Table, date stamped by the City on June 17, 2022, along with analysis
table(attached to the staff report).
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:
6.5 Land Use Designation
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Neighborhood Residential
Suitable for single-family residential. Densities range from 2 units per acre to 4 units per acre.
Residential Transition Overlay
Residential development that provides for transition between land use categories and uses.
Commonly requires a transition/change in density, lot sizing, and building scaling with a specific
parcel or project. Base densities may be reduced or units may be clustered to increase open space
within a portion of a site when property is in this overlay. Neighborhood design will be paramount
in this overlay to ensure appropriate transition between uses. See specific planning areas for further
description.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks Minimum
Note Conditions A To E* Maximum Lot Area
Lot (Acres Or Minimum
Zoning Maximum Interior Street Covered F Square Lot
District Height Front Rear Side Side And J* Feet)H* Width I*
R-3 35' 30' 25' 7.5' 20' 40% 10,000 75'
B. Additional 5 feet per story side setback is required for multi-story structures. Height not to
exceed maximum allowed within the zone.
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: Landscape and Buffer Area Requirements:
A. Landscape Plan Required: A landscape plan is required for all developments requiring a
design review, including, but not limited to, all subdivisions. The landscape plan shall be
drawn to scale (no smaller than 1 inch equals 30 feet)and shall indicate the following:
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1. Boundaries,property lines, and dimensions.
2. Existing trees and vegetation identified by species and size.
C. Retention,Removal,And Replacement Of Trees:
1. Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city.
2. Removal And Replacement Of Existing Trees:
a. Where trees are approved by the city to be removed, replacement with a species
identified in section 8-2A-7Q of this article is required. For each caliper inch of
deciduous tree removed, an equivalent amount of caliper inches shall be replanted.
For each vertical foot of coniferous tree removed, an equivalent amount of vertical
feet shall be replanted.
Example: An eight inch (8") caliper deciduous tree is removed, an acceptable
replacement would be four(4) two inch (2") caliper deciduous trees. A twelve foot
(12') tall coniferous tree is removed, an acceptable replacement would be two (2)
six feet(6')tall coniferous trees.
• Eagle City Code Section 8-2A-7 (J)(4)(a): Landscape and Buffer Area Requirements:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent(50%)of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot(8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three
feet (3') horizontal distance to one foot (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.
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required
• Eagle City Code Section 9-4-1-9 (C)(1)(a): Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
1. All residential dwelling units and subdivision common areas shall be provided with a
pressurized irrigation system to be served with irrigation water from a surface water
right unless a waiver, as outlined herein, is approved by the city council.
The city has adopted supplemental standards and regulations (titled "Pressure Irrigation
Standards", incorporated herein by reference and available at Eagle city hall)pertaining
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to the design, construction and maintenance of pressurized irrigation systems. Plans
and documents reflecting the required standards and regulations shall be submitted with
the application for a preliminary plat.
The following design requirements and the requirements provided within the
supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation
system. These standards shall supplement all other regulations, and where at variance
with other laws, regulations, ordinances or resolutions, the more restrictive
requirements shall apply. The council may determine that revisions to the supplemental
standards are warranted and make such revisions by act of a resolution.
a. The pressurized irrigation system may have a backup connection to a potable water
system with the approval of the city,city engineer, and the potable water purveyor,
and the installation of a state approved reduced pressure backflow prevention
assembly or an air gap separating the irrigation system and the potable water
system. The operation, maintenance, associated costs, and annual inspection of the
backup connection and the backup system's reduced pressure backflow prevention
assembly shall be the responsibility of the entities as determined in "Pressure
Irrigation Standards" of this section. Individual backup connections to individual
lots by individual lot owners shall be prohibited with the exception of the common
area lots owned and maintained by the homeowners'association.
2. The requirement for installation of a pressurized irrigation system may be waived by
the city council when the applicant has established that any of the following situations
exist(the sale or transfer of an existing water right shall not be grounds for requesting a
waiver pursuant to this provision):
a. Where a sufficient surface irrigation water right does not exist for the property. The
lack of surface irrigation water right shall be documented in writing by the
appropriate irrigation district or canal company and the department of water
resources and shall be submitted with the subdivision preliminary plat. In this case
a waiver shall only be granted for that portion of the subdivision that cannot be
served.
b. Where an existing surface water right cannot be delivered to the property by an
irrigation district or canal company due to current delivery capacity or scheduling.
In these situations the city council may still require the installation of the pressure
irrigation system, provided water rights can be made available to the property and
delivery system modifications can be made so irrigation water can be supplied
within two(2)years.
D. DISCUSSION(based on the preliminary plat, date stamped by the City on February 1, 2023):
• The site contains several mature trees located in proximity to the northeast corner of the site.
Based on the location of the mature trees,the applicant should be required to provide a detailed
arborist report and a tree inventory map identifying all existing trees located on site. The report
should identify, at a minimum, species, size, and health of the trees. The arborist report and
map should be provided with the submittal of a design review application. Also, the applicant
should provide a narrative indicating how the trees will be incorporated into the design of the
subdivision or mitigated prior to removal of the trees (if removal is approved by the City). No
trees should be removed from the site prior to city approval of a tree removal and replacement
plan.
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• The preliminary plat shows a shop located south of the existing house. The preliminary plat
labels the shop is to be removed. The shop(as identified on the preliminary plat) located on the
site should be removed prior to the City Clerk signing the final plat.
• The site contains an overhead power line which serves the existing house located in proximity
to the northeast corner of the property. Pursuant to Eagle City Code Section 9-4-1-8, utilities
are required to be located underground. The applicant should be required to remove the
overhead power located at the northeast corner of the property prior the City Clerk signing the
first final plat.
• As proposed, the subdivision contains 5.10-acres. The applicant provided a revised "Pressure
Irrigation Assessment Report," date stamped by the City on February 6, 2023, and a revised
narrative,date stamped by the City on February 8,2023,which indicates the applicant only has
water rights associated with two (2) acres of the proposed development. At the time of
purchase of the western 3.10-acres, the seller refused to transfer the water shares associated
with property. The project engineer has modeled a system utilizing the existing water rights to
supply the eleven (11) buildable lots. Although they are proposing a rotating schedule for
pressure irrigation, the applicant is requesting a waiver of the pressure irrigation requirement
for the common lots within the subdivision. It is the applicant's desire to utilize the Veolia
Water System to irrigate the common area. Pursuant to Eagle City Code Section 9-4-1-9(C)(2),
the requirement for installation of a pressurized irrigation system may be waived by the city
council when the applicant has established that any of the following situations exist(the sale or
transfer of an existing water right shall not be grounds for requesting a waiver pursuant to this
provision): a.) Where a sufficient surface irrigation water right does not exist for the property.
b.) Where an existing surface water right cannot be delivered to the property by an irrigation
district or canal company due to current delivery capacity or scheduling. In these situations,the
city council may still require the installation of the pressure irrigation system, provided water
rights can be made available to the property and delivery system modifications can be made so
irrigation water can be supplied within two (2) years. The lack of surface irrigation water right
shall be documented in writing by the appropriate irrigation district or canal company and the
department of water resources and shall be submitted with the subdivision preliminary plat. In
this case a waiver shall only be granted for that portion of the subdivision that cannot be served.
There was a water right associated with the property; however, the seller did not transfer the
associated water right based on the area being purchased to increase the availability of water to
the property the seller retained. Staff will defer to the Council regarding granting a partial
waiver of the required pressurized irrigation system.
PUBLIC HEARING OF THE COMMISSION (Public Hearing AudioNideo Recordhttps://eagle-
id.granicus.com/player/cljp/1692?view id=1&redirect=true&h=c884c2801befl2cc967c0a6f2f2faed5):
A. A public hearing on the applications was held before the Planning and Zoning Commission on
February 21, 2023, at which time public 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 two(2)individuals who indicated concerns with the following:
• As proposed,the subdivision does not provide a transition to the adjacent properties.
• The proposed density is too high and is not compatible with the adjacent subdivisions.
• The density should not exceed one unit/acre.
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• The drainage ditch located along the southern boundary should remain uncovered.
• How will the drainage ditch be maintained after it has been piped.
• The subdivision does not contain any retention ponds for irrigation water.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• Although the adjacent properties are larger in size the area located in proximity to the site is
developed with similar density; therefore,the subdivision is harmonious with the greater area.
• The applicant reconfigured the subdivision based on neighborhood input.
• The irrigation company desires the ditch to be tiled.
• The waiver request to allow the common areas to be irrigated from a potable water source should be
approved.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
The Commission voted 3 to 0 (Guerber and McLaughlin absent) to recommend approval of A-08-22
and RZ-10-22 for an annexation and rezone from RUT (Rural-Urban Transition — Ada County
designation)to R-3-DA-P (Residential with a development agreement—PUD)with the conditions to be
placed within a development agreement as provided within their findings of fact and conclusions of law
document,dated March 6, 2023.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Commission voted 3 to 0 (Guerber and McLaughlin absent) to recommend approval of CU-09-
22/PPUD-06-22/PP-16-22 for a conditional use permit, preliminary development plan, and preliminary
plat for Shetland Point Subdivision with the site specific conditions of approval and standard conditions
of approval provided within their findings of fact and conclusions of law document, dated March 6,
2023.
PUBLIC HEARING OF THE COUNCIL (Public Hearing AudioNideo Record https://eagle-
id.granicus.com/player/clip/1765?meta id=85729&redirect=true&h=b377373dee6583cdde8bff8bb152d
d48):
A. A public hearing on the applications was held before the City Council on May 5, 2023. At the
request of staff the applications were remanded based on improper notice. The applications were re-
noticed and came back before the City Council for their consideration on July 11, 2023, at which
time public testimony was taken. The City Council directed the applicant to provide building
elevations showing the style of homes within the subdivision. The City Council continued the
public hearing to July 25, 2023, limiting public testimony to the proposed building elevations. The
applications came before the City Council for their action on July 25, 2023, at which time public
testimony was taken and the public hearing was closed.
B. Oral testimony in favor of the applications was presented to the City Council by one (1) (not
including the applicant/representative) individual who indicated the proposed home elevations are
well designed.
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 and is not compatible with the adjacent subdivisions.
• The density should not exceed one unit/acre.
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• The drainage ditch located along the southern boundary should remain uncovered.
• Covering the canal will negatively affect the wildlife within the area.
• The visual impact of the proposed layout does not make sense for the area.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Council voted 3 to 1 (Gindlesperger against)to approve A-08-22 and RZ-10-22 for annexation and
rezone from RUT(Rural-Urban Transition—Ada County designation)to R-2-DA-P (Residential with a
development agreement — PUD) with the following Planning and Zoning Commission recommended
conditions of development to be placed within a development agreement:
3.1 The maximum density for the Property shall be 2.16 dwelling units per acre (11 single-family
lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable,and any other applicable applications as may be required
by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time
such applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in
that concept may occur. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public hearing
shall be held on any proposed changes in the Concept Plan,notice shall be provided as may be
required by the City.
3.4 The conditions,covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community owned
landscaping, pressurized irrigation facilities, fences shown, and amenities. The owner shall
provide an operation and maintenance manual including the funding mechanism as an
addendum to the CC&Rs and the repair and maintenance requirement shall run with the
land and that the requirement cannot be modified and that the homeowner's association or
other entity cannot be dissolved without the express consent of the City.
(b) A requirement for all fencing to be installed as shown on the Fencing Plan(Exhibit D).All
other fencing(i.e.dog-eared cedar fencing,chainlink)shall be prohibited.
(c) A maintenance manual for the streetlight(s) requiring that the association shall have the
duty to maintain and operate the light fixtures including the repair and replacement of the
fixture,any associated electrical supply,and light bulbs,in perpetuity.
(d)A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and
ordinances of all applicable government bodies. In the event a governmental rule,
regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such
event that portion shall be deemed to be amended to comply with the applicable rule,
regulation,law or ordinance.
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3.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that
the property has been annexed into the Eagle Sewer District's service boundaries prior to the
submittal of a final plat application. Owner shall comply with all applicable Eagle Sewer
District's regulations and conditions prior to the submittal of a final plat application. Prior to
issuance of any building permits, Owner shall provide proof of central sewer service to the
proposed residential use.
3.6 Owner shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the all common areas throughout the
development, 3)landscape screening details and buffering for the common lots located adjacent
to North Park Lane, 4) elevation plans for all proposed common area structures and irrigation
pump house (if proposed), 5) landscape screening details of the irrigation pump house (if
proposed), and 6) useable amenities such as picnic tables, covered shelters, benches, gazebos,
and/or similar amenities. The design review application shall be reviewed and approved by the
Design Review Board and City Council prior to the submittal of a final plat application.
3.7 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing
trees located on-site. The report shall identify, at a minimum, species, size, and health of the
trees. The arborist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating how the trees will be incorporated into
the design of the subdivision or mitigated prior to removal of the trees. No trees shall be
removed from the site prior to city approval of a tree removal and replacement plan.
3.8 In conjunction with 3.7 above, 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 and mitigation by the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a
final plat application.
3.9 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to
the Property. The subdivision sign(s) shall be located on the Property outside of the public
right-of-way and remain clearly visible from the roadway.
COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Council voted 3 to 1 (Gindlesperger against) to approve of CU-09-22/PPUD-06-22/PP-16-22 for
Shetland Point Subdivision (Exhibit "A"), with the following Planning & Zoning recommended site
specific conditions of approval and standard conditions of approval with underline text to be added by
the Council and strike through text to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-10-22.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an
invoice by the City,whichever occurs first.
4. The accessory structure located on the site shall be removed prior to the City Clerk signing the final
plat.
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5. The applicant shall be required to obtain the proper permit and subsequently abandon the existing
septic system and drainfield located onsite. Upon removal the applicant shall provide
documentation from the subdivision contractor indicating the septic system and drainfield were
properly abandoned prior to the City Clerk signing the final plat.
6. The applicant shall be required to remove the overhead power serving the existing house located at
the northeast corner of the property prior the City Clerk signing the fmal plat.
7. The developer shall provide shade-class (Class II) trees (landscape plan to be reviewed and
approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at the front of each lot generally at each side property line, or as approved by
the Design Review Board. The trees shall be located within an 8-foot-wide landscape strip between
the 5-foot-wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds
shall be placed so as to not interfere with the required placement of street trees. Prior to the City
Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or
provide the City with a letter of credit for 150% of the cost of the installation of all landscape and
irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the
homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial
reduction of the surety may be permitted for any portion of the development that is completed,
including street trees that have been installed. On-going surety for street trees for all undeveloped
portions of the development will be required through project completion. (ECC 8-2A-7[E] and ECC
8-2A-18)
8. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in ECC Section 8-2A-7(J).
9. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to the City Clerk signing the final
plat. (ECC 9-4-1-2)
10. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity.(ECC 9-4-1-9[C][1])
11. The Shetland Point Subdivision shall remain under the control of one Homeowners Association.
(ECC 9-3-8[D][4])
12. Owner shall work with the City to establish a Conservation and Education Program(CEP)Funding
Plan associated with Shetland Point Subdivision. The CEP Funding Plan shall be executed by the
Owner and City prior to the City Clerk signing the final plat.
13. 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.
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14. The single-family dwellings shall be constructed utilizing the architecture style as shown on
Exhibit B.
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat. This provision of the
CC&Rs shall not be amended without the express written consent of the city.
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control Committee.
Building permit applications that do not have an approval letter attached will not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not substantially conform to the design
requirements as shown on Exhibit B. If a building permit is denied, the applicant shall have the
right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section
8-7-4-1.
Pursuant t,. Eagle City node Section 9 4 19(C)(2)(e) a partial waiver of pressure irrigation is
appreved-to-allew-the-eemmen areas to be irrigated from the potable water system.
15. The applicant shall provide a revised preliminary plat showing a shared driveway located between
Lot 2 and 5,Block 1,which provides access to Lots 3 and 4, Block 1. The revised preliminary plat
shall be provided 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.
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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 fmal 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&Rs 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 fmal 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.
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The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service, and
as may be required by the Eagle City Code,prior to the City Engineer signing the final plat.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle
Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and
1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be
inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by
the Eagle Fire Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
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.
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22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations(if applicable)prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan(if applicable)in effect at the time of City
Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the floodplain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
30. No public board, agency, commission, official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements required by the 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.
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34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that"Digline"has performed an inspection of the site
shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above the
ground)noticing the contractors to clean up daily,no loud music,and no dogs off leash.
37. Owner shall provide a"Heavy Truck Traffic Plan"to be followed by any vehicle or equipment over
8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck
traffic routes shall maximize use of highways and major arterials while minimizing use of smaller
residential streets. The plan will also cite that compression braking is prohibited everywhere in
Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and
for monitoring compliance.
38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a"Notice to Proceed"with construction letter.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-08-22/RZ-10-22) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The requested zoning designation of R-3-DA-P (Residential with a development agreement -
PUD)is consistent with the Neighborhood Residential designation and Transition Overlay area
as shown on the Comprehensive Plan Land Use Map since the density will be limited to 2.16
dwelling units per acre which is in conformance with the maximum density permitted within
the Park Lane Planning Area as identified within the Eagle Comprehensive Plan;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicates that adequate public facilities exist,or are expected to be provided,
to serve all uses allowed on this property under the proposed zone;
c. The proposed R-3-DA-P (Residential with a development agreement- PUD) zoning district is
compatible with the RUT (Rural-Urban Transition Ada County designation) zone and land use
to the north since the property to the north contains a church with a recreational field;
d. The proposed R-3-DA-P (Residential with a development agreement- PUD) zoning district is
compatible with the R-E (Residential-Estates) zone and land use to the south since that area
contains a single-family dwelling and the applicant is proposing a common lot located along the
southern property line of the proposed development;
e. The proposed R-3-DA-P (Residential with a development agreement - PUD) zoning district is
compatible with the R-3-DA (Residential with a development agreement), R-1 (Residential),
and PS (Public/Semipublic) zones and land uses to the east since this area is developed with
residential subdivisions(Monticello Estates Subdivision and Ray Acres Subdivision)and Eagle
High School and will be separated from those uses by a landscape buffer and North Park Lane;
f. The proposed R-3-DA-P (Residential with a development agreement - PUD) zoning district is
compatible with the RUT(Rural-Urban Transition Ada County designation)zones and land use
to the west since this area contains a residential subdivision (Ashbury Park Subdivision No. 1)
and the applicant is required to provide a transition in lot sizing;
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g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. No nonconforming uses are expected to be created with this rezone.
2. The Council reviewed the particular facts and circumstances of this proposed conditional use
permit,preliminary development plan, and preliminary plat(CU-09-22/PPUD-06-22/PP-16-22)and
based upon the information provided concludes that the application is in accordance with the City
of Eagle Title 9(Subdivisions)because:
a. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
Shetland Point Subdivision is designed in conformance with the comprehensive plan and
consistent with the requirements of Eagle City Code. Development of the property will generate
increased tax revenue to help offset the cost of supporting public services; and
b. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and
how such use will not change the essential character of the same area.
The development will be designed to complement the general vicinity and provide aesthetically
pleasing architecture to enhance the character of the area; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
Based on the lot sizing Shetland Point Subdivision is proposed to be developed in a manner
harmonious with existing and future residential uses in the immediate vicinity; and
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic,noise,smoke, fumes,glare or odors.
The development is planned for residential, similar to the character of the surrounding area. It is
not anticipated that any uses or activities will be detrimental to the surrounding properties upon
completion of the site work. Shetland Point Subdivision will be served by Mustang Place
(local)connected to North Park Lane(collector); 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.
Shetland Point Subdivision will be served by an internal street located within the development.
All central services (including police and fire protection) are available or may 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, Veolia Water of Idaho, and
Ada County Highway District; 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.
Page 22 of 25
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Shetland Point Subdivision\Working Files\Shetland Point Sub CCF.doc
The development will contain a minimum of 1.11-acres (21.7%) of open space. A total of
21.8%of the common area is considered to be active open space. The common area open space
consists of the required buffer area along North Park Lane and landscape island. The remaining
open space area is inclusive of an 8-foot pathway and two (2)gazebos; and
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
Access to the development will be provided from North Park Lane. The design and
construction of the roadways and entrances is regulated 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 is proposing to preserve the existing trees and will be required to mitigate for any
trees proposed to be removed; and
j. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The Eagle Comprehensive Plan designates the property as Neighborhood Residential with a
Transition Overlay. The property is located within the Park Lane Planning area as identified in
the Eagle Comprehensive Plan. The applicant is requesting a R-3-DA-P (Residential with a
development agreement — PUD) to allow for flexibility in design while still maintaining the
maximum density of the proposed development at 2.16 dwelling units per acre; and
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This applicant has requested approval of a conditional use permit, preliminary development
plan, and preliminary plat as outlined in Eagle City Code and satisfies those requirements as
well as will be required to meet the conditions herein. In addition, the developer will be
required to submit an application for design review and comply with all Eagle City Codes and
conditions of approval of the design review; and
1. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
Residential is the only use approved for this development.
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
This 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 Veolia Water of Idaho water system.
The water infrastructure will be constructed at the developer's expense.
Page 23 of 25
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Sewer
As required herein, the applicant is required to provide correspondence from the Eagle Sewer
District which indicates the property is annexed into the District prior to submittal of a final plat
application. Prior to the developer installing the required sewer infrastructure the developer will
be required to comply with the District's requirements.
Street Construction
The construction of all streets within the development will be completed by the developer.
Upon completion, the streets will be dedicated to the Ada County Highway District.
Open Space
The development will contain a minimum of 21.7% of passive and active open space. The
applicant is proposing two(2)gazebos and an 8-foot wide pedestrian pathway within one of the
common lots. 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 Shetland Point
Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned
and maintained by the respective agencies.
Schools
The site is located within the West Ada School District boundaries.
Solid Waste Collection
Solid waste collection will be 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 to be collected by the City of Eagle from this development is $4,144
per residence per year, or an annual total of $45,584.00 (Average taxable value [excluding
exemption] of$900,000 X Levy rate of 0.0041869).
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. In accordance with Eagle City Code 8-7-3-1(C), the Council concludes that a waiver of Eagle City
Code Section 9-3-2-1 (J),to allow for one(1)shared driveway located between Lots 2 and 5,Block
1,be permitted to provide access to Lots 3 and 4,Block 1.
4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
Page 24 of 25
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Shetland Point Subdivision\Working Files\Shetland Point Sub CCF.doc
DATED this 8th day of August, 2023
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
J on Pie e, ayor
)ifTEST:
D,. 4iii E '•
Tracy ,.,.b+rn,Eagle City Clerk O y Q
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v : O
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Page 25 of 25
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Shetland Point Subdivision\Working Files\Shetland Point Sub CCF.doc
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EXHIBIT "B" Received by the City of Eagle
July 18, 2023
Sample Elevations for
Shetland Point
( 1025 N Park In, Eagle )
Desired architectural elements:
• High-pitched gabled roof(9/12 or higher) OR low-pitched hipped roof(4/12 or less)
• Multi-dimensional on the front elevation
• Natural wood or modern, dry-stacked stone elements. No wide grout lines on stonework.
• Modern white/black or dark or light earth tone colors
• Contemporary or contemporary farmhouse style
• Varied elevations throughout. No home to have the same elevation,even if mirrored.
Examples of allowed/preferred architectural elevations:
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Disallowed architectural elements:
• Low-pitch gables(6/12 or lower)
• Lack of dimension on the front of the house
• Craftsman style with tapered porch columns \1
• Exposed rafters,corbels under gables
• Vinyl siding €
• No Ashlar quarry-faced stone masonry _.
• No Ashlar facing masonry with brick facade
• Wide(3/4"or greater) mortar joints
• No picketed front porches
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