Findings - CC - 2023 - RZ-11-22/CU-13-22/PPUD-07-22/PP-17-22 - Rezone from A-R to R-1-DA-P Conditional Use Permit, Prelimiary Development Plan, and Prelimiary Plat for Gora Estates Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A REZONE FROM A-R [AGRICULTURAL—
RESIDENTIAL TO R-1-DA-P [RESIDENTIAL )
WITH A DEVELOPMENT AGREEMENT-PUD], )
CONDITIONAL USE PERMIT,PRELIMINARY )
DEVELOPMENT PLAN,AND PRELIMINARY )
PLAT FOR GORA ESTATES SUBDIVISION )
FOR ROTH RYCZKOWSKI )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-11-22/CU-13-22/PPUD-07-22/PP-17-22
The above-entitled rezone with a development agreement, conditional use permit,preliminary development
plan, and preliminary plat applications came before the Eagle City Council for their action on September
26, 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:
Roth Ryczkowski, LLC, represented by Ryan Wallace, is requesting a rezone from A-R
(Agricultural-Residential) to R-1-DA-P (Residential with a development agreement — PUD),
conditional use permit, preliminary development plan, and preliminary plat approvals for Gora
Estates Subdivision (re-subdivision of Lot 2, Block 1, Sulik Subdivision), a 6-lot (4-buildable, 2-
common) residential planned unit development. The applicant is also requesting waivers of the
required open space, sidewalk, and curbs and gutters. The 4.7-acre site is located on the north side
of West Beacon Light Road approximately 1,285-feet east of the intersection of North Hartley
Road and West Beacon Light Road at 6390 West Beacon Light Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:30 PM, on Wednesday, March 9, 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 August 9, 2022. Staff requested the applicant
provide a revised narrative on September 19, 2022. The applicant provided the additional
information on October 3,2022, and January 9, 2023. A revised preliminary plat was submitted on
November 1, 2022. A second revised preliminary plat was submitted on January 18, 2023. A
geotechnical evaluation report and revised pressurized irrigation report were submitted on January
18,2023. Additional information requesting a waiver of the required open space and addressing the
justification for a private street was submitted on March 21,2023.
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C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on October 11, 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 March 31,2023. Notice of this public hearing
was mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and Eagle City Code on March 31, 2023. The site was posted in accordance with the Eagle
City Code on date April 4,2023.
Notice of a second 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 July 21, 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 July 21,2023. The site was posted in accordance with the Eagle City Code on
July 26,2023.
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
September 8, 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 September 8,
2023.The site was posted in accordance with the Eagle City Code on August 30,2023
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 13, 2009, the City Council approved an annexation, rezone with development
agreement, and combined preliminary/fmal plat associated for Sulik Subdivision(A-07-09/RZ-08-
09/PP/FP 01-09.
On February 9, 2010, the City Council approved the common area landscaping within Sulik
Subdivision(DR-40-09).
On March 8,2010, the development agreement associated with RZ-08-09 was signed and executed
by all parties. On March 11, 2010, the development agreement was recorded at the Ada County
Recorder's Office (Ada County instrument #110022103)(subsequently terminated due to the
recordation of Sulik Subdivision[Ada County instrument#110086197]).
On September 15, 2010, the final plat for Sulik Subdivision was recorded at the Ada County
Recorder's Office(Ada County instrument#110086197).
E. COMPANION APPLICATIONS:All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant's narrative, date stamped by the City on October 3, 2023, indicated a development
agreement is not applicable(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 Large Lot Residential A-R(Agricultural- Single-family
Residential) dwelling
located within
an existing
subdivision
(Sulik
Subdivision)
Proposed No Change R-1-DA-P(Residential Residential
with a development Planned Unit
agreement—PUD) Development
North of site Large Lot Residential A-R(Agricultural- Sulik Subdivision
Residential)
South of site Neighborhood R-2-DA-P(Residential Proposed Stags
Residential with a development Crossing
agreement—PUD) Subdivision
East of site Large Lot Residential A-R(Agricultural- Sulik Subdivision
Residential)
West of site Large Lot Residential RUT(Rural-Urban Agriculture and
Transition—Ada County two(2)single-
designation) family
dwellings
H. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA or DSDA.
SITE DATA:
Total Acreage of Site—4.7-acres Total
Number of Lots—6
Residential—4
Commercial—0
Industrial—0
Common—2
Total Number of Units—4
Single-family—4
Single-family attached—0
Two-family—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre .85-dwelling units/acre .85-dwelling units per
acre maximum(as
limited by the
development
agreement)
Minimum Lot Size 41,817-square feet 37,000-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).
Minimum Lot Width 160.9-feet 100-feet(minimum)
Minimum Street Frontage 88-feet 35-feet
Total Acreage of Common Area Open .28-acres* .94-acres(minimum)
Space
Percent of Site as Common Area 6%* 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 Space 0% 15%(6,142-square
as Active Open Space feet) (minimum)
*Not inclusive of the common lot containing the private road.
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing a 50-foot-wide landscape buffer located adjacent to West Beacon
Light Road. The proposed width of the landscaped buffer area is in conformance with Eagle City
Code Section 8-2A-7(J)(4).
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Common Area Open Space:
The preliminary plat, date stamped by the City on January 18, 2023, shows a 12,268-square foot
common lot located adjacent to West Beacon Light Road. The common lot is for the construction
of the required landscape buffer. The applicant has submitted a "PUD Open Space Waiver
Request—Gora Estates"date stamped by the City on March 21,2023.
Utility and Drainage Easements,and Underground Utilities:
The site contains an overhead power line. The applicant is proposing to bury the overhead power.
The preliminary plat, date stamped by the City on January 18, 2023, notes, and shows a 15-foot-
wide public utilities, irrigation, and lot drainage easement located adjacent to North Stags Lane
(Private)(private). The preliminary plat also notes, and shows 6-foot-wide public utilities,
irrigation, and drainage easement located adjacent to the interior lot lines and a 12-foot-wide
public utilities, irrigation, and drainage easement located along the rear lot lines and subdivision
boundaries.
On-site Septic System:
The dwelling located within the site is currently served by a septic system.
Preservation of Existing Natural Features:
The site contains existing trees located within the southwest quarter(approximately 1-acre)of the
property.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site.
K. STREET DESIGN:
Private Street:
The applicant is proposing to construct the private street based on the N. Stags Lane Street
Section shown on the preliminary plat,date stamped by the City on January 18,2023.
Applicant's Justification for Private Streets:
See applicant's"Private Alley and Street Justification"letter, date stamped by the City on March
21,2023 (attached to the staff report).
Blocks Less Than 500': None.
Cul-de-sac Design:
The preliminary plat, date stamped by the City on January 18, 2023, shows N. Stags Lane
terminating with a hammerhead design.
• N. Stags Lane: 635-feet in length.
Sidewalks:
The preliminary plat, date stamped by the City on January 18, 2023, shows a 10-foot wide
detached sidewalk located along the West Beacon Light Road. The applicant is not proposing
sidewalks located internal to the site.
Curbs and Gutters:
The N. Stags Lane Street Section shown on the preliminary plat, date stamped by the City on
January 18,2023,shows the internal street will have gravel shoulders.
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L. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:(See comments under sidewalks above.)
M. PUBLIC USES PROPOSED:None proposed.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes—located within an approximately one-acre area at the southwest corner of the
site
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—no
Unique Plant Life—unknown
Unstable Soils—no
Wildlife Habitat—yes—mature trees
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required.
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated March 2, 2023, are of special
concern(attached to the staff report).
City of Eagle Water Superintendent: All comments within the City Water Department's memo
dated March 23,2022,are of special concern(attached to the staff report).
City of Eagle Water Superintendent: All comments within the City Water Department's email,
dated October 18,2022,are of special concern(attached to the staff report).
ACHD
Eagle Fire Department
Eagle Sewer District
Idaho Department of Fish and Game(submitted by the applicant)
Idaho Transportation Department
R. LETTERS FROM THE PUBLIC:
Email correspondence received from Daniel Inks,dated November 2,2022
Email correspondence received from Micky Pingree,dated April 9,2023
Email correspondence received from Daniel Inks,dated April 10,2023
Email correspondence received from Art and Dong Henderson,dated April 10,2023.
Correspondence received from Ryan Fornstrom,date stamped by the City on April 10,2023.
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S. 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.
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.
T. FISCAL IMPACT ANALYSIS:
See Developer Data Table, received by the City on October 3, 2022, along with the analysis
table(attached to the staff report).
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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:
The Comprehensive Plan Land Use Map(adopted November 15,2017),designates this site as the
following:
Large Lot
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.
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses.
Commonly requires a transition/change in density, lot sizing, and building scaling with a specific
parcel or project. Base densities may be reduced or units may be clustered to increase open space
within a portion of a site when property is in this overlay. Neighborhood design will be paramount in
this overlay to ensure appropriate transition between uses. See specific planning areas for further
description.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
COMMON AREA OPEN SPACE: Land within a development, not individually owned or
dedicated for public use(except for the portion of the 8 foot wide landscape strip located adjacent
to and within the public right of way of a local street) or for use as private streets, which is
designed and intended for the common use or enjoyment of the residents of the development. It
may include complementary structures and improvements (see definitions of Open Space; Open
Space,Active;and Open Space,Passive).
Eagle City Code Section 8-2-1: Districts Established,Purposes and Restrictions:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre. Multi-
family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning
districts, unless approved as part of a planned unit development (PUD). Centralized water and
sewer facilities are required for all subdivision and parcel division applications submitted after
the effective date hereof in all zoning districts except the city council may permit the use of
individual well(s) and septic system(s) in the A, A-R and R-E zoning districts upon a
determination that the public health, safety, and welfare will not be negatively impacted.
Whenever there is a conflict or difference between the provisions of this section and those of
other chapters and/or other titles, the chapter or title with the more restrictive provision shall
prevail. When a property is being proposed for rezone to the R 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.
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DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted
on the official zoning map of the city (i.e., C-2-DA), indicates that the zoning was approved by
the city with a development agreement. Specific provisions, as may have been incorporated
within the development agreement,are applicable to development within this zoning designation.
• Eagle City Code Section 8-2A-7(J)(4)(a):Landscape and Buffer Area Requirements:
b. Any road designated as a minor arterial on the master street map typologies map in the Eagle
comprehensive plan:
A minimum of fifty feet(50')wide buffer area(not including right of way) shall be provided
with the following plants per one hundred (100) linear feet of right of way: five (5) shade
trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty four (24)
shrubs. Each required shade tree may be substituted with two (2)flowering/ornamental trees,
provided that not more than fifty percent(50%)of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three feet
(3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall is to be provided, in combination
with the berm, a four foot (4') wide flat area shall be provided for the placement of the
decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing
shall not be permitted.
• Eagle City Code Section 8-3-3: Supplemental Yard and Height Regulations:
G. Transitional Lot Sizing:
When development is planned with residential lots that directly abut existing residential
lots that the Council finds are not likely to be re-subdivided based upon the
Comprehensive Plan and other evidence provided as part of any application, a transition
shall be provided to ensure lot compatibility. Transitions shall take into consideration site
constraints that may exist.
Examples of transition options, subject to City approval, include development of similar
lot sizes along the boundary, clustering of the new lots in order to provide open space
directly abutting the existing lots, including setbacks for the new lots similar to the lots
directly abutting, or other elements in the site design and building design that the city
finds will soften the impact and create a compatible transition.
• Eagle City Code Section 8-6-5-2: Common Area Open Space:
Required Common Area Open Space: A minimum of twenty percent(20%)of the gross land
area developed in any residential PUD project shall be reserved for common area open space
and recreational facilities for the residents or users of the area being developed.
Active Open Space: A minimum of fifteen percent (15%) of the common area open space
shall be developed as active open space,as defined in title 9 of this code.
Compliance: All common area open space shall be evaluated for its compliance with the
following:
Landscaping: Streetscape,open spaces and plazas,use of existing landscaping,pedestrianway
treatment and recreational areas;
Siting: Visual focal points, use of existing physical features such as topography, view, sun
and wind orientation,circulation pattern,physical environment.
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Direct Access: A minimum of fifty percent (50%) of all lots shall be designed to be adjacent
to, or at a minimum, have direct access to common area open space. The term "direct access"
means all building lots are to be located a maximum of two hundred fifty feet (250') away
from a pathway connecting to a common area open space lot. Building lots separated from a
common area open space lot by a local roadway shall be deemed to have achieved direct
access. The required planter strip located between the sidewalk and the street will not be
permitted to fulfill this requirement.
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
i. Eagle City Code Section 9-3-2-5:Private Streets and Private Alleys:
Private streets and private alleys may be permitted, in the discretion of the council, subject to the
following:
1. Compliance: The council must find that any proposed private streets or private alleys are in
compliance with each of the following criteria:
a. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that private
streets and or private alleys will serve to enhance the overall development.
b. Safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and
parking are provided.
c. Adequate access for service and emergency vehicles is provided.
d. Access and good transportation planning to adjacent property and to the area travel
networks is not adversely affected.
e. Adjacent property will not be landlocked by the site layout.
f. Other than to provide emergency access, the private streets, or private alleys, do not
connect one public street to another, thereby encouraging travel through the development
served by the private street; provided, however,that in order to provide secondary access,
a private street may have more than one connection to a public street and/or may be
connected to more than one public street if access thereto is controlled by automatic gates
or other control devices approved by the council.
g. The use or alignment of the private streets or alleys do not interfere with the continuity of
public streets.
h. An appropriate mechanism has been established for the repair and maintenance of the
private streets and private alleys, including provisions for the funding thereof.
i. Private streets and private alleys are only permitted within a planned unit development
and are limited to providing access to no more than ten percent (10%) of the lots, except
that private streets and private alleys may serve all single family attached dwelling lots.
2. Construction And Design Standards: Private streets and private alleys shall conform to the
following construction and design requirements:
a. All private street and private alley construction shall be in accordance with Ada County
highway district's structural standards for streets and alleys including base course and
asphaltic concrete mat thickness utilizing the appropriate traffic index or as may be
recommended by the city engineer and approved by the city council, and shall further be
in accordance with Ada County highway district's intersection design and drainage
requirements, or as may be recommended by the city engineer and approved by the city
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council.
b. Except as may be otherwise set forth in this section,private streets and private alleys shall
meet such design and dimensional requirements as the council may determine are
appropriate considering the proposed use and the site upon which the private streets are to
be placed, however, all private streets shall contain paved travel lanes a minimum of
twelve feet (12') in width and private alleys shall contain paved travel lanes a minimum
of ten feet (10') in width and shall provide for the safe, convenient, and effective
movement of both vehicular and pedestrian traffic for private streets and vehicle traffic
for private alleys. Vertical curbing shall be provided for private streets that are less than
thirty-four feet(34')in total width.Alleys must utilize other curb types.
c. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.However,
alternative sidewalk and landscape strip designs may be approved by the City Council
based upon a fmding made by the Council that characteristics and qualities of the
development justify the alternate design. Sidewalks and planter strips, as referenced
within subsection 9-4-1-6F of this title, shall not be required along alleys.
d. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including, but not
limited to,designated parking and"no parking" areas,speed,stop,and such other signs as
are required for safe pedestrian and vehicle travel.
e. All private streets and private alleys shall, during the progress of construction, be
inspected and tested, at the expense of the owner or developer,by a qualified inspector in
order to ensure compliance with the construction and design standards set forth in this
section, the construction drawings as prepared by the registered professional engineer,
and good engineering and construction practices. Reports of such inspections and tests
shall be submitted, together with a certification of such compliance, for the review and
approval by the city engineer.
f. All dead end private streets and private alleys shall terminate at one of the following
approved turnaround areas:
i. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of
this chapter and subject to the approval of the Eagle fire district and city engineer and
provided further that proper maintenance of the island is provided for;
ii. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle
fire district and the city engineer;or
iii. Such other turnaround area as may be approved by the Eagle fire district, city
engineer,and city council.
iv. Private streets and private alleys not exceeding 150-feet may terminate with no turn-
around if approved by the Eagle Fire District.
g. The design of all private streets and private alleys and related storm drainage facilities
shall be prepared by a licensed professional engineer in the state in substantial
conformance with engineering and design standards in effect at the time of preparation of
the design. Construction drawings, together with a certification of such conformity, shall
be submitted for the review and approval by the city engineer. No part of this section
shall be construed as allowing a private street that is not in conformance with current
engineering and design standards.
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h. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more restrictive
standard shall prevail,unless specifically determined otherwise by the city council.
3. Access And Maintenance Requirements: Provisions shall be made for the future maintenance
of and access to private streets and private alleys as follows:
a. A plan and schedule for the future repair and maintenance of the private street and private
alley and drainage facilities for the period of the expected lifetime thereof and a cost
estimate therefor prepared by a licensed professional engineer in the state,together with a
proposed method for funding the same, including, but not limited to, the creation and
maintenance of a reserve fund for that purpose, shall be submitted with the final plat
application for review and approval by the city engineer and city council.
b. The location of private streets and private alleys shall be clearly depicted on the face of
the plat and notes shall be included on the face of the plat which shall:
i. Act to convey to each lot owner within the subdivision to be served by the private
streets or private alleys the perpetual right of ingress and egress over the described
private street;
ii. Provide that such perpetual easement shall run with the land;and
iii. Provide that the restrictive covenant for maintenance of the private streets or private
alleys cannot be modified and the homeowners'/property owners'association or other
entity cannot be dissolved without the express consent of the city.
c. A restrictive covenant for repair and maintenance of the private streets or private alleys
shall be recorded at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private streets or private alleys in
accordance with the approved plan as provided for in subsection Cl of this section. Said
restrictive covenant shall also provide that the said covenant shall run with the land and
that the said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the city.
The said restrictive covenant shall be reviewed and approved by the city attorney prior to
certification and signing of the final plat by the city engineer.
d. The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private streets or private alleys approved in
accordance with the provisions of this section to undertake such repair and maintenance
activities as it may determine is necessary to protect the public health, safety, or welfare
and make such expenditures from the funds reserved therefor as may be required thereby;
and the owner or responsible entity shall, as a condition of approval of any such private
street,be deemed to have agreed to comply with any such order and to reimburse the city
all of its costs, including attorney fees, incurred in obtaining or enforcing any such order.
Any order entered by the council pursuant to this subsection may be enforced by a court
of competent jurisdiction and the city shall be entitled to recover its costs and attorney
fees incurred in connection therewith.
4. Conformity To Comprehensive Plan: All private streets and private alleys shall, in all
respects, conform to all applicable components of the comprehensive plan.
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5. Waiver: The council may waive or modify any of the standards or requirements of this
section when the private streets or private alleys have been determined to be an integral
element of the overall plan and scheme of the development or will serve to enhance the
overall development;provided,however, that any such waiver shall not be injurious to public
health or safety.
ii. Eagle City Code Section 9-3-6:Easements:
1. 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.
2. 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.
iii. Eagle City Code Section 9-3-10:Fences:
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 subsection 8-2A-7J of this code. Chainlink,cedar,and similar high maintenance
and/or unsightly fencing shall not be permitted within the above designated areas. A section
within the subdivision CC&Rs shall be created for the regulation of fences to this effect.
iv. Eagle City Code Section 9-4-1-3:Curbs and Gutters:
1. Generally:
2. Rolled curbs and gutters shall be required on minor streets.
3. All construction shall be in accordance with the standards and specifications adopted by
the Ada County highway district.
v. Eagle City Code Section 9-4-1-7: Sidewalk Design and Maintenance:
9-4-1-7: SIDEWALK DESIGN AND MAINTENANCE:
1. Sidewalks,a minimum five feet(5')wide,shall be required on both sides of the street;except,
that where the average width of lots, as measured at the street frontage line or at the building
setback line, is over one hundred feet (100'), and the street is designated a local street,
sidewalks on only one side of the street may be allowed. This sidewalk exception shall not be
permitted on collectors,arterials,or section line streets.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County Highway District.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by a
minimum eight foot (8') wide landscape strip. The landscape strip shall be completed with
sod, automatic irrigation, and planted with two inch (2") minimum caliper shade class trees
along all streets within the subdivision. Installation of landscaping shall be in accordance
with section 8-2A-7 of this code. The area within the eight foot(8')wide landscape strip may
be counted toward the minimum required common area open space.
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4. Trees shall be placed at the front of each lot generally located on each side lot line. Minor
variations to the location of a tree may be considered by the design review board during the
review of the subdivision landscape plan.
5. If sidewalk is required on one side of each street only(as provided for in subsection A of this
section), then the trees on the side of the street with no sidewalk shall be placed within five
feet(5')of the edge of roadway.
• Eagle City Code Section 9-4-1-8:Underground Utilities:
Underground utilities are required..
D. DISCUSSION(based on the preliminary plat, date stamped by the City on January 18, 2023, and the
Sulik Subdivision final plat, [Ada County instrument#110086197J):
• The proposed development is a re-subdivision of Lot 2, Block 1, of Sulik Subdivision. The
executed development agreement recorded on March 11, 2010, (Ada County instrument
#110022103) associated with the subject property and Lot 1, Block 1, of Sulik Subdivision
subsequently terminated with the recordation of the subdivision. The termination of the
development agreement was based on the completion of the Conditions of Development or after
7-years after the effective date,whichever occurred first. The final plat for Sulik Subdivision was
recorded on September 15, 2010; therefore, the Conditions of Development of the development
agreement were completed.
• The applicant is requesting a rezone to R-1-DA-P(Residential with a development agreememnbt-
PUD). The applicant is applying for a planned unit development to allow for the development of
a private street and to request additional waivers. One of the waivers being requested is regarding
the open space requirement associated with a planned unit development. Pursuant to Eagle City
Code Section 9-3-8, open space is not required within the R-1 (Residential) zoning district.
However, pursuant to Eagle City Code Section 8-6-5-2(A), a minimum of twenty percent (20%)
of the gross land area developed in a PUD project shall be preserved for common area open space
and recreational facilities for the residents or users of the area being developed. As proposed, the
site contains 12,268-square feet (6%) of open space associated with the required buffer area
adjacent to West Beacon Light Road. Based on the size of the property, the applicant would be
required to provide an additional 28,680-square feet in open space(to meet the 20%requirement).
Since the applicant is proposing a planned unit development, the applicant could reduce the lot
sizing to a maximum of 34,754-square feet and add a centralized common open space lot within
the development which is a minimum 28,680-square feet in size. If the Council does not approve
the requested waiver of open space, the applicant should provide a revised preliminary plat
showing the lot sizing reduced to a maximum of 34,754-square feet and add a centralized
common open space lot within the development which is a minimum 28,680-square feet in size.
The revised preliminary plat should be provided prior to submittal of a design review application.
• The preliminary plat identifies an existing water easement to be removed (Figure 1). The water
easement is associated with the water line connected to the existing well which provides potable
water to Lots 1 and 2, Block 1 of Sulik Subdivision. As part of the approval of Sulik Subdivision
the applicant was required to provide the 10-foot wide water easement to allow the owner of Lot
1, Block 1, of Sulik Subdivision access to the water line and well in the event maintenance was
required. The final plat of Sulik Subdivision delineates the easement and notes a 10-foot domestic
water supply easement and notes the easement. Note #16 on the Sulik Subdivision final plat
states, "A ten(10) foot wide easement for access and maintenance of an existing domestic water
supply line which supplies water to Lot 1 is hereby designated over Lot 2. See subdivision
covenants,conditions, and restrictions for conditions,use and restrictions of this easement."
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• The Sulik Subdivision CC&Rs (Ada County instrument #110087520) addresses termination of
the of the shared well agreement. Section"B"Termination within the CC&Rs states, "If a defect
exists in the well itself, (e.g. a broken screen),that is common to each system,then both Lots will
share equally cost of repair. If Lot 1 chooses not pay for the common repairs or decides to stop
using water from this well, this shared use agreement will be terminated and the well use will
revert to sole use of Lot 2. A six month grace period will go into effect upon notice of
termination." [sic] The applicant sent a formal notice to the owner of Lot 1 indicating the shared
well agreement will be terminated six (6) months from September 29, 2022, due to the lack of
adequate water supply. To date, the applicant has not provided any documentation indicating the
well does not have an adequate water supply to support both Lots within Sulik Subdivision.
• Also, the Sulik Subdivision CC&Rs (Ada County instrument #110087520) addresses future
development of Lots 1 and 2, Block 1, of Sulik Subdivision and the sharing of the well. Section
"C" Development within the CC&Rs states, "If Lot 2 develops first, Lot 1 will be allowed to
share this well as long as is practically possible so long as it does not hinder or cause economic
harm to the development. At a point in time, 2 months before the well starts to hinder or cause
economic harm to the development, Lot 2 shall notify Lot 1 that the water will be discontinued
after two (2) months from the date of notification. Lot 1 will be responsible to provide its own
water supply within the two month time period. There will be no grace period beyond the two(2)
month notification. If the well must be capped or discontinued for any reason related to the
development,Lot 2 shall notify Lot 1 two(2)months before this occurs.Lot 1 will be responsible
to provide its own water supply within the two month time period. There will be no grace period
beyond the two (2) month notification. " [sic] The existing well and associated easement are
located within all four(4)of the proposed residential lots(Figure 1).
Based on the applicant indicating the shared well agreement is being terminated due to the lack of
adequate water supply, the applicant should be required to provide documentation from a well
specialist(agreed upon by the owners of Lots 1 and 2,Block 1, Sulik Subdivision)indicating the
existing well does not have an adequate water supply to serve both properties. The documentation
should be provided prior to submittal of a final plat application.
Figure 1
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• The proposed development is located within the City of Eagle's Municipal Water Service Area.
Pursuant to Resolution No. 8-09,payment of Storage and Trunk Line (STL) fee is to be provided
at the time of preliminary and final plat applications. The amount of the STL fee is
$2,100/Equivalency Residential Customer (ERC). An ERC is equivalent to each residential
buildable lot. The applicant is required to pay$1,050/lot at the time of submittal of a preliminary
plat application The applicant has submitted a STL fee deferral request, date stamped by the City
on August 9, 2022, to the City of Eagle Water Department. The request is to delay paying the
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required preliminary plat STL fee until submittal of a final plat application. Based on 4-lots, the
preliminary plat STL fee to be paid for the subject subdivision is$4,200.00. The applicant should
pay the required $4,200.00 preliminary plat Storage Trunk Line fee along with the associated
final plat Storage Trunk Line fee at the time of submittal of the first final plat application.
• The applicant is proposing the subdivision be served by a private street. The private street section
for N. Stags Lane Street Section (identified on the preliminary plat) shows a 35-foot-wide
common lot containing two (2) 13-foot-wide travel lanes bordered by two-foot-wide (2') gravel
shoulders adjacent to each side of the street and a 5-foot-wide (5') borrow ditch adjacent to the
east property line. The borrow ditch located on the west side of the street is contained within the
buildable lot. The applicant is requesting waivers of the requirement to construct sidewalks and
curb and gutters due to the low density and rural nature of the proposed design. The applicant is
proposing the two-foot-wide(2')gravel shoulders in lieu of the required curb and gutter.
Eagle City Code Section 9-3-2-5(A), states that the Council must find that any proposed private
streets must be in compliance with specific criteria,three(3)of which are as follows:
2. Safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking
are provided.
4. Access and good transportation planning to adjacent property and to the area travel networks
is not adversely affected.
5. Adjacent property will not be landlocked by the site layout.
Based on criteria #2, the applicant should be required to provide a sidewalk on one side of the
street to provide safe movement for pedestrians. Based on criteria #4 and 5, in the event the
owner of the adjacent property to the east desires to develop the property, ACHD may not
approve access to West Beacon Light due to the required 660-foot spacing requirement between
intersections; therefore, adversely impacted a travel network. Also, based on the spacing
requirement the adjacent property to the east would be effectively landlocked. The applicant
should be required to provide a revised preliminary plat with a new street section showing North
Stags Lane(Private)to be a public street. The revised preliminary plat should be provided prior to
submittal of a design review application.
The applicant is requesting a waiver of the requirement to construct curb and gutters. Eagle City
Code Section 9-3-2-5(B)(1)[reads in part], all private street construction shall be in accordance
with the Ada County Highway District's structural standards. Vertical curbing shall be provided
for private streets that are less than thirty-four feet(34')in total width.Eagle City Code Section 9-
3-2-5(B)(2)[reads in part] except as otherwise set forth in this section, private streets shall meet
such design and dimensional requirements as the Council may determine appropriate considering
the proposed use and site upon which the private streets are to be placed.As proposed,the private
street is 26-feet in width. If the Council approves the private street, the applicant should be
required to provide a revised preliminary plat with a new street section showing vertical curbing
located adjacent to the street. The area of the private street located within the shared access
easement should have two-foot-wide ribbon curbing located on the north side of the street to
allow ingress/egress by the adjacent property owner. The revised preliminary plat should be
provided prior to submittal of a final plat application.
Eagle City Code Section 9-4-1-3, states rolled curbs and gutters shall be required on minor
streets. If the Council approves the private street without vertical curbing, the applicant should be
required to provide a revised preliminary plat with a street section showing rolled or ribbon
curbing located adjacent to the street.
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The applicant is requesting a waiver of the requirement to construct sidewalks based on the large
lots located within the development and the small number of lots. Eagle City Code Section 9-4-1-
7, sidewalks are required on both sides of the street; except where the average width of the lots is
over 100-feet,and the street is designated as a local street,sidewalks on only one side of the street
may be allowed. Also, sidewalks should be separated from the edge of the abutting roadway
and/or back of curb by a minimum eight-foot-wide landscape strip. If the Council approves the
private street, the applicant should be required to provide a revised preliminary plat with a street
section showing the design of the street and sidewalk in conformance with Eagle City Code
Section 9-4-1-7. The revised preliminary plat should be provided prior to submittal of a design
review application.
• The preliminary plat identifies a barn located adjacent to the west property line and north of the
existing home. The narrative, date stamped by the City on January 9, 2023, indicates there are
existing outbuildings including sheds and a barn which will be removed at a later date. Based on
the design of the subdivision, the existing outbuildings will be located within the required rear
yard setback. The existing outbuildings should be removed prior to the City Clerk signing the
final plat.
• Plat note#9 of the preliminary plat states, "Unless otherwise shown and dimensioned, all lots are
hereby designated as having a permanent easement for public utilities, irrigation, and lot drainage
over the 6-feet adjacent to any interior side lot line, and over the 12-feet adjacent to any rear lot
line or subdivision boundary."
Pursuant to Eagle City Code Section 9-3-6, easement widths are required to be 5-feet adjacent to
interior side lot lines and 10-feet in width adjacent to rear property lines and subdivision
boundaries. Based on the location of the pressurized irrigation line adjacent to the west
subdivision boundary line, that easement should remain at 12-feet. The applicant should be
required to provide a revised preliminary plat with plat note#9 revised to state,"Unless otherwise
shown and dimensioned,all lots are hereby designated as having a permanent easement for public
utilities, irrigation, and lot drainage over the 5-feet adjacent to any interior side lot line, and over
the 12-feet adjacent to any rear lot line or subdivision boundary." The revised preliminary plat
should be provided prior to submittal of a fmal development plan/fmal plat application.
• Plat note #11 of the preliminary plat addresses that each owner within the subdivision that is
served by the private (driveway/street) is conveyed perpetual right of ingress and egress over the
dedicated private(driveway/street).Plat note#12 address the private street as well with additional
detail. The applicant should be required to provide a revised preliminary plat showing plat note
#11 regarding the private (driveway/street) deleted. The revised preliminary plat should be
provided prior to submittal of a final development plan/final plat application.
• Plat note#15 of the preliminary plat states, "This subdivision is subject to compliance with Idaho
Code Section 31-3805 concerning irrigation water. See Eagle City Code Section 9-4-1-6(C) for
additional specific and overiding requirements for pressurized irrigation." [sic]
The plat note does not address irrigation water rights and/or shares.Further,the plat note does not
address that the lot owners will be subject to assessments from the applicable irrigation entities.
Also, since this plat note addressed the irrigation system, the requirement of operation and
maintenance of the pressurized irrigation system should be addressed with a revised plat note
eliminating the need for plat note #17 which references the operation and maintenance of the
pressurized irrigation system. The applicant should be required to provide a revised preliminary
plat with plat note #17 deleted and plat note #15 revised to state, "Irrigation water has been
provided by Farmer's Union Ditch Company in compliance with Idaho Code Section 31-
3805(1)(b).Lots within the subdivision will be entitled to irrigation water rights and/or shares and
individual lots will remain subject to assessments from the applicable irrigation entities, to be
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paid through fees assessed by the homeowner's association. The pressurized irrigation system
shall be owned and maintained by the Gora Estates Subdivision Homeowner's Association, or its
assigns. 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 applications was held before the Planning and Zoning for their consideration
on April 17, 2023, at which time public testimony was taken and the public hearing was closed. The
Commission directed the applicant to address the concerns expressed during the public hearing
regarding the shared well agreement, access easement concern, and reduce the number of requested
waivers. The Commission remanded the applications to provide the applicant time to address those
concerns. The applications were re-noticed and came before the Eagle Planning and Zoning
Commission for their recommendation on August 7, 2023. The Commission continued the public
hearing to August 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 four(4)individuals who indicated the following concerns:
• The proposed density is too high and is not harmonious with the rural character of the area.
• Based on the number of proposed lots there is not adequate potable water available to serve the
development.
• The proposed subdivision encroaches into the neighboring property to the west creating a
property line dispute.
• The number of proposed septic systems will impact the neighboring wells.
• Access constraints regarding the proposed private road.
• Termination of the shared well agreement and associated easement regarding access to the shared
well.The applicant has not reached an agreement to address the shared well issue.
• Approval of a private road may have an adverse impact on the adjacent neighbor located east of
the proposed subdivision.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission made a motion based upon the information provided by
staff and the testimony provided.
COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 3 to 2 (Guerber and Smith against)to recommend approval RZ-11-22 for a rezone
from A-R (Agricultural-Residential) to R-1-DA-P (Residential with a development agreement — PUD)
with the conditions to be placed within a development agreement as provided within their fmdings of fact
and conclusions of law document,dated September 5,2023.
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COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Commission voted 3 to 2 (Guerber and Smith against)to recommend approval of CU-13-22/PPUD-
07-22/PP-17-22 for a conditional use permit,preliminary development plan,and preliminary plat for Gora
Estates 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 September 5,2023.
PUBLIC HEARING OF THE COUNCIL (Public Hearing Audio/Video Record)
https://eagle-id.granicus.com/player/clip/1772?meta_id=86303):
A. A public hearing on the applications was held before the Eagle City Council on September 26, 2023,
at which time testimony was taken and the public hearing was closed. The Council made their
decision at that time.
B. Oral testimony in favor of the applications was presented to the City Council by no one(not including
the applicant/representative).
C. Oral testimony in opposition to the applications was presented to the City Council by two (2)
individuals who indicated the following concerns:
• The proposed density is too high and is not harmonious with the rural character of the area.
• There is currently a property line dispute affecting the western property line of the proposed
subdivision.
• The proposed lot sizing within the subdivision is not designed to provide a transition to the
adjacent properties.
• The applicant should not receive a waiver of the required open space.
• The applicant has forced the adjacent property owner to the north to abandon the potable well
shared with the applicant.
• The applicant should not be approved to convert the shared driveway to a private road.
D. Oral testimony neither in favor of nor in opposition to the applications was provided to the City
Council by one(1)individual who has a concern with the number of waivers being requested.
COUNCIL DECISION REGARDING THE REZONE:
The Council voted 2 to 2 (Baun, Russell in favor)(Pike, Gindlesperger against)(Mayor Pierce voted nay)
regarding RZ-01-23 for a rezone from A-R (Agricultural-Residential) to R-1-DA-P (Residential with a
development agreement — PUD). Based on the approval motion failing, the requested rezone is hereby
denied.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Council voted 2 to 2 (Baun, Russell in favor)(Pike, Gindlesperger against) (Mayor Pierce voted nay)
regarding CU-13-22/PPUD-07-22/PP-17-22 for a conditional use permit, preliminary development plan,
and preliminary plat for Gora Estates Subdivision. Based on the approval motion failing, the requested
conditional use permit,preliminary development plan,and preliminary plat are hereby denied.
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone(RZ-11-22)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 is not in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
a. That proposed density is not harmonious with the surrounding area;
b. The proposed R-1-DA-P(Residential with a development agreement-PUD)zoning district is not
compatible with the A-R(Agricultural-Residential)zone and land use to the north since that lot is
approximately 4.9-acres in size and the proposed subdivision is much higher density;
c. The proposed R-1-DA-P(Residential with a development agreement-PUD)zoning district is not
compatible with the A-R(Agricultural-Residential) zone and land use to the east since that lot is
approximately 4.9-acres in size and the next adjacent parcel is 10-acres in size and the proposed
subdivision is much higher density than the adjacent properties;
d. The proposed R-1-DA-P(Residential with a development agreement-PUD)zoning district is not
compatible with the RUT (Rural-Urban Transition—Ada County designation) zone and land use
to the west since one (1) of the parcels is approximately 9-acres in size and the proposed
subdivision is much higher density;
2. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan and preliminary plat (CU-13-22/PPUD-07-22/PP-17-22) and based
upon the information provided concludes that the application is not in accordance with the City of
Eagle Comprehensive Plan,Title 8(Zoning),and Title 9(Subdivisions)because:
a. Based on the proposed density,Gora Estates Subdivision does not advance the general welfare of
the neighborhood;and
b. Based on the proposed density, Gora Estates Subdivision is not designed to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and will
change the essential character of the area;and
c. Gora Estates Subdivision is not designed in a manner which is harmonious with the existing
properties located adjacent to the site; and
g. The proposed development is not designed to provide any special features which would not
typically be provided in a non-PUD proposal;and
j. The proposed development is not designed to provide a transition of lot sizing to the adjacent
properties;therefore,the subdivision is not harmonious with the area;and
k. Based on denial of the requested rezone to R-1-DA-P(Residential with a development agreement
— PUD), the proposed lot sizing is not in conformance with the minimum lot sizing required
pursuant to Eagle City Code Section 8-2-4 ; and
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DATED this 24th day of October, 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Ja on Piekte,Mayor
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Tracy E. shorn,Eagle City Clerlc
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Page 21 of 21
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