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Findings - PZ - 2023 - A-02-23/RZ-03-23/PP-03-23 - Huntridge Subdivision - Annexation and Rezone form RUT to R-6-DA with a Development (in Lieu of a PUD) and Preliminary PLAT for Huntridge Subdivision BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
AN ANNEXATION AND REZONE FROM RUT )
[RURAL-URBAN TRANSITION—ADA COUNTY )
DESIGNATION] TO R-6-DA [RESIDENTIAL )
WITH A DEVELOPMENT(IN LIEU OF A PUD) )
AND PRELIMINARY PLAT FOR HUNTRIDGE )
SUBDIVISION FOR BPS PALMER,LLC— )
SHANNON ELY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-02-23/RZ-03-23/PP-03-23
The above-entitled annexation,rezone with a development agreement(in lieu of a PUD), and preliminary
plat applications came before the Eagle Planning and Zoning Commission for their recommendation on
December 4, 2023, at which time public testimony was taken and the public hearing was closed. The
Eagle Planning and Zoning Commission, having heard and taken oral and written testimony, and having
duly considered the matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
BPS Palmer Lane, LLC, (Shannon Ely), represented by Kindi Moosman with Horrocks
Engineers, is requesting an annexation, rezone from RUT(Rural-Urban Transition—Ada County
designation) to R-6-DA (Residential with a development agreement [in lieu of a PUD]), and
preliminary plat approvals for Huntridge Subdivision, a 73-lot (58-buildable [3 single-family
detached, 55 single family attached], 15-common) residential subdivision. The 10-acre site is
located on the west side of North Palmer Lane approximately 445-feet south of the intersection of
West Beacon Light Road and North Palmer Lane at 3101 North Palmer Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle Public Library (meeting room) at 6:00 PM, on
Wednesday, January 18,2023, in compliance with the application submittal requirement of Eagle
City Code. The application for this item was received by the City of Eagle on March 21, 2023. A
revised preliminary plat was received by the City on September 8, 2023. A second revised
preliminary plat was received by the City on September 19, 2023. A revised narrative was
received by the City on November 13,2023. A third revised preliminary plat was received by the
City on November 16, 2023. A fourth revised preliminary plat was received by the City on
November 28,2023.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on April 11, 2023, 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 November 17, 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 November 17, 2023. The site was posted in accordance
with the Eagle City Code on November 21,2023.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION FOR A REZONE:
See applicant's narrative, dated stamped by the City on November 13, 2023 (attached to the staff
report).
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's narrative, date stamped by the City on November 13, 2023 (attached to the staff
report).
H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Village/Community RUT(Residential—Ada Contractor's yard
Center and Compact County designation)
Residential
Proposed No Change R-6-DA(Residential with a Single-family residential
Development Agreement[in subdivision
lieu of a PUD])
North of site Village/Community RUT(Residential—Ada Agriculture
Center County designation)
South of site Compact Residential RUT(Residential—Ada Agriculture
County designation)
East of site Village/Community MU-DA(Mixed Use with a Proposed Torrente Secco
Center and Compact development agreement) Subdivision
Residential and R-4-DA(Residential
with a development
agreement)
West of site Village/Community RUT(Residential—Ada Agriculture
Center and Compact County designation)
Residential
DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA,CEDA,or DSDA.
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J. SITE DATA:
Total Acreage of Site— 10.00-acres
Total Number of Lots—73
Residential—58
Commercial—0
Industrial—0
Common— 15 (including two [2] private alleys)
Total Number of Units—58
Single-family—3
Single-family attached—55
Two-family—0
Multi-family—0
Total Acreage of Any Out-Parcels—none
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 5.8-units per acre 5.8-units per acre maximum
(as limited within the
development agreement)
Minimum Lot Size 1,686-square feet(R-6 1,600-square feet(minimum)
attached)
5,404-square feet(R-6 5,000-square feet(minimum)
detached)
Minimum Lot Width 22-feet(R-6 attached) 20-feet(minimum)
48-feet(R-6 detached) 50-feet(minimum)
Minimum Street or Alley 20.6-feet(attached) 20-feet(minimum)
Frontage 44-feet(detached) 35-feet(minimum)
Total Acreage of Common Area 2.03-acres 2.0-acres(minimum)
Percent of Site as Common Area 20.3% 20%(minimum)
Percent of Common Area Open 40.4%(.82-acres) 15%(minimum)(.30-acres)
Space as Active Open Space
K. GENERAL SITE DESIGN FEATURES:
Open Space:
A total of 2.03-acres (approximately 20.3%) of open space is proposed within the subdivision.
Approximately .82-acres (40.4%) of the proposed open space is considered to be "Open Space,
Active" as defined by Eagle City Code Section 9-1-6. The open space is inclusive of the 13-
common lots which are proposed to contain a centralized common area, two (2) common lots
containing the required buffer area, and seven (7) common lots which are designed to provide a
buffer area for corner lots. The centralized common area will contain a pool house, swimming
pool,gym, lobby/lounge,dog park,community gardens,tot lot, and benches.
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Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so
graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff
shall cross any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
The preliminary plat, date stamped by the City on November 28, 2023, notes a 20-foot-wide
public utilities, irrigation,and lot drainage easement located adjacent to the right-of-way(with the
exception of Block 2) and a 10-foot-wide public utilities, irrigation, and drainage easement
adjacent to the rear lot lines and subdivision boundary. The preliminary plat also notes a 5-foot-
wide public utilities, irrigation, and drainage easement is located adjacent to any interior side lot
line for public utilities, irrigation, and lot drainage. Lot 1, Block 2, contains a blanket public
utilities,irrigation, and drainage easement.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Star Fire Protection District.
On-site Septic System:No
Pressurized Irrigation:
The applicant provided a preliminary irrigation report, date stamped by the City on October 6,
2023 (attached to the staff report).
Preservation of Existing Natural Features:
See "Huntridge Subdivision Natural Features Analysis," date stamped by the City on July 21,
2023 (attached to the staff report).
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.
L. STREET DESIGN:
Public Streets:
The public streets will be constructed in conformance with the ACHD staff report, date stamped
by the City on May 19, 2023 (attached to the staff report).
Blocks Less Than 500': None.
Cul-de-sac Design:None proposed.
Sidewalks:
The applicant is proposing 5-foot-wide detached sidewalks separated by an 8-foot-wide planter
strip on both side of the public streets and within the buffer areas located adjacent to North
Palmer Lane.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior streets.
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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
with the submittal of the final plat.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
M. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat, date stamped by the City on November 28, 2023, shows 5-foot-wide
pedestrian pathways which runs the entire length of the north and south property lines of Lot 13,
Block 5. Those pathways extend through buildable lots (Lots 1-6, 8, 10-12, and 14-16, Block 5).
The pathways connect to the 5-foot sidewalk located within Lots 7 and 10,Block 5.
N. PUBLIC USES PROPOSED:None proposed.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will be served by the City of Eagle Municipal Water system. The property will be
served by Eagle Sewer District upon installation of the required infrastructure. The applicant will
be required to install fiber-optic conduit within the joint trench for future connection.
Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—Yes—the site contains two(2)mature trees.
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Huntridge Subdivision Natural Features Analysis, date stamped by the City on July 21, 2023
(attached to the staff report).
S. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments,which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated November 30, 2023, are of
special concern(attached to the staff report).
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City Water Superintendent: Storage and Trunk Line (STL) Fee Waiver Request — Memo
approving waiver to delay payment of Eagle Municipal Water STL fees, dated March 21, 2023
(attached to the staff report).
ACHD
Ballantyne Ditch
Central District Health
Eagle Sewer District
Idaho Transportation Department
Star Fire Protection District
T. RESPONSE FROM THE EAGLE PARKS, PATHWAYS, AND RECREATION
COMMISSION:
All comments within the Parks, Pathways, and Recreation Commission memo dated November
14, 2023, are of special concern (attached to the staff report). (See Site Specific Conditions of
Approval#5 and#6 contained herein.)
U. LETTERS FROM THE PUBLIC:None received to date.
V. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to construct the subdivision as a single-phase.
W. 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.
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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
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Village/Community Center
Village and Community Centers are intended to serve as mixed use centers for goods, services
and employment for areas that are removed from downtown Eagle. Uses and residential densities
vary based on location. See the planning area text for a complete description of site specific
uses.
Compact Residential
Suitable for single family residential, row houses, duplex and four-plexes. Densities range from
4 units per acre to 8 units per acre.
6.6 Village Planning Area
6.6.1 Village Planning Area Uses/Design
A. The land use and development policies specific to the Village Planning Area include
residential, commercial, retail, civic, research and development park, corporate and/or
educational campus, hospitality, and office uses. Non-residential uses will be focused in the
Village Center.
1. Village Center: The Village Center is generally located along the north and south sides
of Beacon Light Road, extending from State Highway 16 East to Hartley Lane, as shown
on the Future Land Use Map (Map 6.1). All Non-residential uses will be focused in the
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Village Center. This area is comprised of three key components:
a. A research/development park, educational campus, and/or corporate park area
designed to provide sufficient space for corporate headquarters in a park-like setting
with ancillary commercial uses located in the Village Center;and
b. The village center should include supporting office, retail commercial, hospitality,
and civic uses that will benefit and support the non-residential uses, as well as the
larger residential area;
c. Office and restaurant uses with drive thrus are considered a supporting use to the
corporate and campus uses. Office and restaurant uses that are appropriately
designed and internally oriented to the larger development area may be considered on
a case by case basis.
2. Residential Uses should be developed as follows:
a. New developments proposed near the Village Center in the Compact Residential
designation are encouraged to include apartments,town homes, condominiums,patio
homes,bungalows and live/work units ranging in densities from 4 to 8 units per acre
6.6.3 Issues of Concern
A. The scaling and compatibility of uses will be of significant concern in this area. in order for
non-residential uses to locate in this area they will require the establishment and development
of residential uses prior to construction. The compact residential designation should be
developed to support the planned non-residential uses in the area. New residents should be
made aware that the area is intended to have research/development park, educational campus,
and/or corporate park uses in the area.
B. Special care should be taken to preserve the Village Center area. While residential uses will
be the first demand in the area the City needs to work with land owners and developers to
preserve sufficient land for the non-residential uses that will be needed to serve the area at
buildout. If development pressure is not held back, the City's vision for an employment area
will not be achieved.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2:Rules and Definitions:
DWELLING, SINGLE-FAMILY ATTACHED: A dwelling consisting of two (2) or more
dwelling units attached to one another by common walls with each dwelling unit being on a
separate lot,commonly referred to as townhouses and/or townhomes.
• 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
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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.
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 8-2-4: 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 Front Rear Interior Street Covered F Square Lot
District Height Side Side And J* Feet)H* Width I*
R-6 35' 20' 20' 7.5' 20' 60% 5,000 50'
R-6 to R-10 35' 20' 15' 5' 20' N/A 1,600 20'
single- 10'if 5'if 0'for
family alley alley common
attached load load wall
dwellings
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-2-3: Preliminary Plat:
C. Required Information And Data:
3. The following shall be submitted separately:
i. Streets, street names, rights of way and roadway widths, including adjoining
streets or roadways;
• 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:
A. Compliance: The council must find that any proposed private streets or private alleys are
in compliance with each of the following criteria:
1. 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.
2. Safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and
parking are provided.
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3. Adequate access for service and emergency vehicles is provided.
4. Access and good transportation planning to adjacent property and to the area travel
networks is not adversely affected.
5. Adjac6nt property will not be landlocked by the site layout.
6. 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.
7. The use or alignment of the private streets or alleys do not interfere with the
continuity of public streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets and private alleys,including provisions for the funding thereof.
9. 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
attac ed dwelling lots.
B. Construct on And Design Standards:Private streets and private alleys shall conform to the
followin construction and design requirements:
1. All p 'vate street and private alley construction shall be in accordance with Ada
Coun 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
appr ed by the city council.
2. Exce tt 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.
3. 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 finding 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.
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4. The designengineer shall identify construction drawingsfor the review and
g d fY on the construct o
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.
5. 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.
6. All dead end private streets and private alleys shall terminate at one of the following
approved turnaround areas:
a. 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;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the
Fagle fire district and the city engineer;or
c. Sluch other turnaround area as may be approved by the Eagle fire district, city
e gineer,and city council.
d. rivate streets and private alleys not exceeding 150-feet may terminate with no
rn-around if approved by the Eagle Fire District.
7. The esign of all private streets and private alleys and related storm drainage
facili ies shall be prepared by a licensed professional engineer in the state in
isubs tial 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
conf rmance with current engineering and design standards.
8. If an provision of this section is found to be in conflict with any other applicable
provi ion of this title, the provision which establishes the higher and/or more
restri tive standard shall prevail,unless specifically determined otherwise by the city
coun il.
C. Access nd Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets and private alleys as follows:
1. 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.
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2. The l cation ofprivate streets andprivate alleys shall be clearlydepicted on the face
p Y P
of thci plat and notes shall be included on the face of the plat which shall:
a. 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;
b. Provide that such perpetual easement shall run with the land;and
c. 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.
3. A re trictive covenant for repair and maintenance of the private streets or private
alley shall be recorded at the time of recording the plat which said covenant shall
creat a homeowners'/property owners' association or substantially similar entity and
mak provision for the perpetual maintenance of the private streets or private alleys
in ac ordance 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
horn owners'/property owners'association or other entity cannot be dissolved without
the e press consent of the city. The said restrictive covenant shall be reviewed and
appr ved by the city attorney prior to certification and signing of the final plat by the
city ngineer.
4. 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 ny such order and to reimburse the city all of its costs, including attorney fees,
incu ed in obtaining or enforcing any such order. Any order entered by the council
purl ant 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.
D. Conformity To Comprehensive Plan:All private streets and private alleys shall,in all
respects,conform to all applicable components of the comprehensive plan.
E. 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 f 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.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines. Easement width shall be ten(10')feet along rear and front lot lines and five
feet alo each side lot line, except that lesser easement widths, to coincide with
respective setbacks,may be considered as part of a planned unit development.
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B. A five foopt(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 less r easement widths, to coincide with respective setbacks, may be considered as
part of a planned unit development.
• Eagle City Cpde 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 fens g material. Specific buffer area fences and decorative walls may be allowed as
otherwise re uired 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 sect on within the subdivision CC&Rs shall be created for the regulation of fences to
this effect.
• Eagle City ode Section 9-4-1-6: Trail and Pathway Regulations:
A. Intent: he placement of trails, pathways, and sidewalks are intended to encourage
motorized and non-motorized forms of use, to provide safe, convenient, and aesthetic
alternative travel routes to common destinations such as schools,parks, shopping centers,
etc., and to promote economic development in areas that allow it. The following factors
will be •onsidered in the placement of any trail, pathway, or sidewalk: the utility, need,
and imp ct to existing neighborhoods;compliance with the comprehensive plan and trails
and path ays master plan; design as it relates to both crime prevention and function, and
the responsibilities of ownership and maintenance;or
The development of a defined planning process to include: a standardized application and
review process with funding and management structure for implementation and
maintenance of the system in perpetuity. In the event that a subdivision developed a
suitable alternative to the city's process, it may be adopted using the terms and standards
defined elow.
D. Pathwa Design: The city will be responsible for approving the final pathway design.
While e city may exercise considerable discretion in determining the design of
pathway ,the following minimum standards shall be followed
3. Path ays shall be located within common lots unless the city council determines that
plac went within an easement is more appropriate to serve the public interest. If an
ease ent is used, it shall be designated as a perpetual, non-revokable easement.
Ho ever, based on changes in development plans, trails and associated easements
may need to be relocated. These trails may be relocated by the landowner or city,but
mus maintain the intent of the easement, i.e. connectivity from point A to point B
must be maintained,but may be done with a different configuration or alignment.
All trail or pathway easements shall be provided with a center line in GIS or CAD
format with a defined area in the attribute, i.e. width and type of easement. These
files will conform to City of Eagle data standards.
E. Trail and Pathway Classifications:
2. Co unity Trails and Pathways: provide routes to and through developments
co cting to or providing linkage to regional facilities, arterials/collectors that
prov de alternative transportation features, or connect to adjacent developments. The
follo ing requirements shall be used for planning and implementation purposes.
Exc tions may be granted by the city if a subdivision has developed a suitable
alte ative to the city's pathway process and associated requirements.
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a. S all be eight-foot(8')minimum in width unless otherwise approved by the city.
b. hall be maintained by the HOA,developer,or propertyowner.
c. Tread surface shall be concrete and constructed to the City Trail and Pathway
Design and Construction Standard, or to the ACHD Sidewalk Standard unless
otherwise approved by the city.
3. Neighborhood Trails and Pathways: shall be integrated into the design of common
area open spaces within neighborhoods. These routes do not, nor are expected to
facil tate non-motorized traffic that leads to other neighborhoods, regional trails,
scho ls, parks, commerce, and other attractors. They are intended for internal
neig borhood use and for connecting to Community Trails. The following
requ rements shall be used for planning and implementation purposes. Exceptions
may be granted by the city if a subdivision has developed a suitable alternative to the
city's pathway process and associated requirements.
a. Shall be six-foot(6')minimum in width unless otherwise approved by the city.
b. Shall be maintained by the HOA,developer,or property owner.
c. read surface shall be concrete and constructed to the City Trail and Pathway
esign and Construction Standard, or to the ACHD Sidewalk Standard, unless
therwise approved by the city.
H. Community and Regional Sidewalks: while five-foot (5') wide sidewalks play an
important role in local neighborhood bicycle and pedestrian conveyance,with an increase
in width,and as a last resort alternative,they may also function as a public Community or
Regional Trail or Pathway when no other alignment is available and such alternative
design is approved by the city council.
3. Community and Regional Sidewalks shall be located within the public right-of-way or
within common lots that border roadways, and along arterials and collectors with a
mini um of vehicle traffic crossings. These may also be required when bike lanes
alon adjacent roadways are not available.
5. Regi nal Sidewalks shall be a minimum of ten feet (10') in width unless otherwise
appr ved by the city.
• Eagle City C de Section 9-4-1-8:Underground Utilities:
Underground utilities are required.
D. DISCUSSION ( sed on the preliminary plat, date stamped by the City on November 28, 2023,
preliminary plat andscape plan date stamped by the City on October 4, 2023, and the narrative,
date stamped by the City on November 13, 2023):
• The proposed development is located within the City of Eagle's Municipal Water Service
Area.Pursu t to Resolution No. 8-09,payment of Storage and Trunk Line(STL)fee is to be
provided at a time of preliminary and final plat applications. The amount of the STL fee is
$2,100/Equi alency Residential Customer (ERC). An ERC is equivalent to each residential
buildable lot. Based on 58-lots,the total STL fee required for the subdivision is $121,800.00.
Pursuant to Resolution No. 8-09, the preliminary plat STL fees to be paid for the subject
subdivision at the time of submittal of the preliminary plat application is$1,050.00/ERC. The
STL fee required at the time of submittal of a preliminary plat application is$60,900.00. The
applicant has submitted a storage trunk line deferral request, dated March 21, 2023, to the
City of Eagle Water Department. The request is to delay paying the required preliminary plat
STL fee until submittal of a final plat application. The applicant received approval from the
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City of Eagle Water Department(of the waiver request)on March 21, 2023. The preliminary
plat portion of the STL fee will be due at the time of submittal of final plat application(s).
The remaining portion due at the time of final plat application(s) totals $60,900.00. The
applicant should pay the required preliminary plat STL fee of$60,900, with the remaining
portion of the$60,900.00 to be paid at the rate of$1,050.00 x Lots in Final Plat at the time of
submittal of 1he first final plat application. The city is currently working towards adopting
water system capitalization fees to replace the required STL fees. In the event the City adopts
water system development fees prior to submittal of a final plat application the payment of
the STL fees shall not be required. The required water system capitalization fees shall be paid
at the time of submittal of a final plat application.
• The applicant is proposing the following setbacks associated with the R-6 (Residential)
zoning designation:
Front 20-feet (from right-of-way)
Front(Garag ) 25-feet(measured from garage to back of sidewalk)
Side 5-feet(0-feet attached units)
Rear 20-feet
Side 5-feet(0-feet attached units)5-feet
1 7.5-feet(detached units)
Maximum L t Coverage 45%(attached units)
N/A (detached units)
The applicant is requesting an R-6-DA(Residential with a development agreement[in lieu of
a PUD]) zoning designation. Pursuant to Eagle City Code Section 8-2-4, the following
setbacks are required for single-family detached dwellings located within the R-6
(Residential)zoning designation:
Front 20-feet
Rear 20-feet
Interior Side 7.5-feet(first story)5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 60%
*All front load garages shall be setback a minimum of 25-feet from the back of sidewalk.
Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required for single-
family attached dwellings located within the R-6(Residential)zoning designation:
Front 20-feet (10-feet if alley load)
Rear 15-feet (5-feet if alley load)
Interior Side 5-feet (0-feet for common wall)
Street Side I 20-feet
Maximum Ldt Coverage N/A
The applicant is also requesting a waiver of the front setback from 20-feet to 17-feet
associated with Lot 7, Block 3. Lots 7 and 8, Block 3, gain access to public street from a
private alley. The front setback measurement for Lot 7, Block 3, is based on the private alley
lot(Lot 9, Block 3). As proposed the residential structure will be approximately 41-feet from
the public street.
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Page PP-3 of a preliminaryplat shows a typical street section for the interior streets with g �
6-
feet of the 8-foot-wide planter strip and the 5-foot-wide detached sidewalk being located
within the buildable lot. Eagle City Code Section 8-2-4(G) requires all front load garages
shall be setback 25-feet from back of sidewalk. To accommodate the garage setback from the
property line; the setback would need to be 36-feet from the property line to be in
conformance I with Eagle City Code Section 8-2-4. Based on the location of the PUDI
easement, the living area would need to be a minimum of 21-feet from the property line to
accommodate the easement.
It is staff's opinion that based on the location of the detached sidewalk and the required 10-
foot wide PUDI easement, the following setbacks (measured from the property line) and
maximum lot coverage for this development should be required:
Single-Family Detached Units
Front 20-feet
36-feet(garage)
Rear 20-feet
Interior Side 7.5-feet(first story)5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 60%
Single-Family Attached Units
Front 20-feet (10-feet if alley load)
Front(Lot 7,Block 3) 17-feet(living),25-feet(garage)
Rear 15-feet (5-feet if alley load)
Interior Side 5-feet (0-feet for common wall)
Street Side 20-feet
Maximum L t Coverage N/A
• The Parks, P thways, and Recreation Commission reviewed the proposed pathway locations
on November 16,2023.They recommended the following: 1)The developer should provide a
10-foot-wide concrete sidewalk built to ACHD Standards for Sidewalk along North Palmer
Lane.The unconnected ends of these alignments shall employ the cul-de-sac design described
in the City Standard; 2) The developer should provide a 6-foot-wide concrete pathway built
to City Standards for Concrete Pathways in alignment with the pathway shown within the
common area (Lot 13, Block 5) and Lots 1-6, 8, 10-12, and 14-16, Block 5. The pathways
should connect to the 5-foot sidewalk located within Lots 7 and 10, Block 5. The pathway
should be located within a 20-foot-wide access easement, the easement should have a
minimum 4- oot-wide margin on each side of the pathway tread. The pathway easement
should be rec�rded and referenced as a plat note on the fmal plat;and 3)The applicant should
be required tp provide a revised preliminary plat showing a 6-foot-wide pathway located
within the co on area (Lot 13, Block 5) and Lots 1-6, 8, 10-12, and 14-16, Block 5. The
revised preli inary plat should be provide prior to submittal of a design review application.
• Plat note#11 of the preliminary plat states,"With the exception of Block 2,all lots are hereby
designated as having a permanent easement for public utilities, irrigation, and lot drainage
over the 20 feet adjacent to any public street. The easement shall not preclude the
construction of the hard-surface driveways, walkways, landscape, parking, fencing or other
such non-permanent structures. Joint utility corridor within Block 2 to be coordinated with
Idaho Power."
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As previously referenced, 6-feet of the planter strip and the 5-foot-wide detached sidewalk
encroach into the buildable lot area. Based on a 20-foot-wide public utility, irrigation, and
drainage easement there will only be 9-feet remaining for installation of joint trench
associated with the public utilities. Also, based on the required setback the public utilities,
irrigation, and lot drainage easement will be touching the front of the proposed residential
dwellings. The applicant should provide correspondence from Idaho Power indicating
approval of the locations of the public utilities easement prior to submittal of a final plat
application.
• Plat note #16 of the preliminary plat references the lots (Lot 1, Block 2 and Lot 9, Block 3)
containing private alleys within the development. The second refence to Lot 9 within the plat
note identifies the block as Block 2. The applicant should be required to provide a revised
preliminary plat with the reference to Lot 9, Block 2 within plat note #16, changed to Lot 9,
Block 3. The revised preliminary plat should be provided prior to submittal of a final plat
application.
• The preliminary plat does not identify the location of existing well(s) and or septic system(s)
located within the property. The applicant should be required to provide a revised preliminary
plat showing the locations of any existing well(s)or septic system(s)within the property. The
revised preliminary plat should be provided prior to submittal of a final plat application. The
applicant should be required to provide documentation indicating the existing well(s) and
septic system(s)have been abandoned prior to the City Clerk signing the final plat.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
December 4, 2023, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the applications was presented to the Planning and Zoning
Commission by no one.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission made a motion based upon the information provided by
staff and the testimony provided. A summary of the deliberation can be found at the following link
(Granicus time: 0057:20):
https://eagle-id.granicus.com/player/clip/1809'?meta id=89118
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
The Commission voted 4 to 0 (McLaughlin absent)to recommend approval of A-02-23 and RZ-03-23 for
a rezone from RUT (Rural-Urban Transition — Ada County designation) to R-6-DA (Residential with a
development agreement(in lieu of a PUD)with the following staff recommended conditions to be placed
within a development agreement with underline text to be added by the Commission:
3.1 The maximum density for the Property shall be 5.8 dwelling units per acre (58 single-family
dwellings).
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
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the Eagle City Cod 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 and privately
owned landscaping, pressurized irrigation facilities, fencing, common drives, 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 the requirement cannot be modified and 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 Concept Plan Fence Exhibit
(Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chain-link) shall be
prohibited.
(c) A requireme t that in the event any of the CC&Rs are less restrictive than any government
rules, regulat ons or ordinances, then the more restrictive government rule, regulation or
ordinances s all 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.
3.5 The required setbac s shall be as follows:
Single-Family D tached Units
Front 21-feet
36-feet(garage)
Rear 20-feet
Interior Side 7.5-feet(first story)5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 60%
Single-Family Attached Units
Front 21-feet (10-feet if alley load)
36-feet(garage front-load)
Front(Lot 7,Blo k 3) 17-feet(living),25-feet(garage)
Rear 15-feet (5-feet if alley load)
Interior Side 5-feet (0-feet for common wall)
Street Side 20-feet
Maximum Lot Coverage N/A
3.6 A letter of approval shall be provided to the City from the Eagle Sewer District indicating the
Property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal
of a final plat ap lication. Owner shall comply with all applicable Eagle Sewer District's
regulations and con itions prior to the submittal of a final plat application.A letter of approval shall
be provided to the ity from the Eagle Sewer District approving construction plans for each final
plat phase prior to the issuance of a "Notice to Proceed" with construction letter. Prior to the
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1
issuance of any b ilding permits, Owner shall provide proof of central sewer service to the
proposed residential�use.
3.7 Owner shall comply with all of Idaho Power Company requirements, including, but not limited to,
the separation distance between an electrical transformer and structure.
3.8 The single-family detached dwellings shall be constructed in substantial conformance to the styles
of architecture as shown on Exhibit E.
To assure complia ce with this condition, the applicant shall create an architectural control
committee (ACC) a component of the development's CC&Rs. Provisions regarding the creation
and operating proc dures of the ACC shall be included in the CC&Rs and shall be reviewed and
approved by the Ci attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each structure 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 E. 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.
3.9 Owner shall submit a design review application(s)showing at a minimum: 1)single-family attached
dwellings, 2) community center (with weight room) 3)proposed development signage, 4) planting
details within all common areas throughout the development, 5) elevation plans for all proposed
common area structures, irrigation pump house (if proposed), 6) landscape screening details of the
irrigation pump house (if proposed), and 7) useable amenities such as picnic tables, covered
shelters,benches, gazebos, and/or similar amenities(if proposed). The design review application(s)
shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to
the submittal of the first final plat.
3.10 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property.The subdivision sign(s)shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 o 0(McLaughlin absent)to recommend approval of PP-03-23 for a preliminary
plat for Huntridge Subdivision (Exhibit "A") with the following staff recommended site specific
conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all c nditions within the development agreement for rezone application RZ-03-23.
2. Comply with all r quirements of the City Engineer.
3. The applicant sh 11 submit payment to the City for all engineering and legal fees incurred for
reviewing this pr ject, prior to the City Clerk signing the final plat and/or upon receipt of an
invoice by the Ci ,whichever occurs first. (ECC 9-2-3 [C] [3] [1])
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4. The applicant shill be required to pay the required $60,900.00 preliminary plat Storage Trunk
Line fee along wi�h the associated final plat Storage Trunk Line fee at the time of submittal of the
first final plat ap lication. In the event the City adopts water system capitalization fees prior to •
submittal of a final plat application the payment of the STL fees shall not be required. The
required water system capitalization fees shall be paid at the time of submittal of a fmal plat
application.
5. The developer shall provide a 10-foot-wide concrete sidewalk built to ACHD Standards for
Sidewalks along North Palmer Lane prior to the City Clerk signing the final plat.
6. The developer shall provide 6-foot-wide concrete pathways built to City Standards for Concrete
Pathways in alignment with the pathway shown within the common area (Lot 13, Block 5) and
Lots 1-6, 8, 10-1 ,and 14-16,Block 5.The pathways shall connect to the 5-foot sidewalk located
within Lots 7 d 10, Block 5. The pathway shall be located within a 20-foot-wide access
easement. The a Bement shall have a minimum 4-foot-wide margin on each side of the pathway
tread. The pathway easement shall be recorded and referenced as a plat note on the fmal plat. The
6-foot-wide pathway shall be constructed prior to the City Clerk signing the final plat.
7. Provide a revised preliminary plat showing a 6-foot-wide pathway located within the common
area (Lot 13, Bl ck 5) and Lots 1-6, 8, 10-12, and 14-16, Block 5. The revised preliminary plat
shall be provided prior to submittal of a design review application.
8. Provide correspo deuce from Idaho Power indicating approval of the locations of the public
utility easements rior to submittal of a final plat application.
9. Provide a revised preliminary plat with the reference to Lot 9, Block 2 within plat note #16,
changed to Lot 9, Block 3. The revised preliminary plat shall be provided prior to submittal of a
fmal plat application.
10. The applicant sh.ll be required to obtain the proper permit and subsequently abandon any existing
septic system(s) and drainfield(s) located on site. Upon removal the applicant shall provide
documentation fro m the subdivision contractor indicating the septic system(s) and drainfield(s)
were properly ab. doned prior to the City Clerk signing the fmal plat.
11. The developer sh 111 provide shade-class trees(landscape plan to be reviewed and approved by the
Design Review oard) along both sides of all streets within this development. Trees shall be
placed at the fro t of each lot generally at each side property line, or as approved by the Design
Review Board. he trees shall be located within an 8-foot-wide landscape strip between the 5-
foot wide concre t sidewalk and the curb. Any and all drainage swales and/or seepage beds shall
be placed so as t. 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 ith a letter of credit for 150%of the cost of the installation of all landscape and
irrigation improv.ments. Trees shall be installed prior to obtaining any occupancy permits for the
homes. A tempdrary 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. The CC&Rs shall
contain a provision granting the City access to install the required street trees within the 8-foot-
wide planter strip in the event the City has to utilize the surety for installation of the street trees.
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12. The developer 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. All living trees shall be preserved, unless otherwise determined by the Design
Review Board and the City Council. A detailed landscape plan showing how the trees will be
integrated into the open space areas or private lots (unless approved for removal by the City
Council) shall be provided for City Council final approval prior to the submittal of a final plat.
Construction fen ing shall be installed (pursuant to the Design Review Board's direction) to
protect all trees at are to be preserved, prior to the commencement of any construction on the
site. No trees s all be removed from the site prior to city approval of a tree removal and
replacement plan. (ECC 8-2A-7[E]and ECC 8-2A-18)
13. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public frights-of-way abutting and within this site prior to approval of a final plat. (ECC
9-4-1-2)
14. 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).
15. The Huntridge Estates Subdivision shall remain under the control of one Homeowners
Association.(ECC 9-3-8[D][4])
16. The applicant shall place a note on the final plat that the pressurized irrigation system and all
common lots are to be owned and maintained by the Homeowner's Association.
17. 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])
18. The applicant shall work with the City to establish a Conservation and Education Program(CEP)
Funding Plan ass ciated with Huntridge Subdivision. The CEP Funding Plan shall be executed by
the applicant and the City prior to the City Clerk signing the final plat.(ECC 8-6-7[B][4])
19. To allow for the future installation of municipal fiber-optic cable,the applicant shall be required to
install municipal fiber-optic conduit lines along all streets in accordance with the City's Fiber
Master Plan. Thej applicant shall conduct a pre-application meeting with the City of Eagle Fiber
Department prio to submittal of a final plat application. Upon completion of the installation of
the municipal fi er-optic conduit lines, the applicant shall provide GIS coordinates of the
locations of the unicipal 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 ity Clerk signing the final plat.
20. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of a final plat application.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transporta;ion Department, including but not limited to approval of the drainage system,
curbs,gutters,streets and sidewalks.
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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 fmal 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 pf 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 furnis the City Engineer with a letter from the sewer entity serving the property,
accepting the proj ct for service,prior to the City Engineer signing the final plat.
7. All homes being onstructed with individual septic systems shall have the septic systems placed
on the street side of the home or shall have their sewer drainage system designed with a stub at
the house front to allow for future connection to a public sewer system.
8. Per Idaho Code, ection 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 lik satisfactory underground conduit to permit the delivery of water to those
landowners with' the subdivision who are also within the irrigation entity.
See Eagle City ode Section 9-4-1-9(C), which provides overriding and additional specific
criteria for press rized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approve by the City Engineer prior to the City Engineer signing the fmal plat.
9. The applicant sh 11 submit a letter from the appropriate drainage entity approving the drainage
system and/or ac epting said drainage; or submit a letter from a registered professional engineer
certifying that al drainage shall be retained on-site prior to the City Engineer signing the final
plat.A copy of e 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 e drainage easements. The approved drainage system shall be constructed,or a
surety shall be s bmitted to the City Clerk,prior to the City Engineer signing the final plat. The
CC&R's shall c ntain clauses to be reviewed and approved by the City Engineer and City
Attorney,prior t the City Engineer signing the final plat, requiring that lots be so graded that all
runoff runs eithe 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
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written approval and certification shall be filed with the construction drawing and submitted to
the City Engineer Prior to the City Engineer signing the final plat.
12. Encroachments including,but not limited to,landscaping,fencing,lighting,and/or pathways shall
not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval
of the organized irrigation district, canal company, ditch association, drainage district, drainage
entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or
canal. The applicant shall submit a copy of the written approval from the irrigation entity,
drainage district,or drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the
City Engineer prior to the City Engineer signing the final plat. All construction shall comply with
the City's specifications and standards.
The applicant shall delineate on the face of the fmal plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way,prior to the City Engineer signing the final plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner,
or homeowner's/business owner's association,whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by
the Zoning Administrator prior to the submittal of the fmal 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 propo ed 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 v rifled 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.
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A restrictive covenant must be recorded and a note on the face of the fmal 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 fmal plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the
storm drainage faOilities, 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 landscape g, 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 fmal plat prior to approval of the final plat by the
City Council.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in a cordance 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 fmal
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.I 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 th property which is the subject of this application, shall require the applicant to
comply with all les, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time a applicant or its successors in interest submits application to the City of Eagle
for a change to th planned use of the subject property.
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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(EC 9-6-5 (A)(2)).
After Council app oval of the final plat, the applicant may construct any approved improvements
before the City E ineer signs the final plat. The applicant shall provide a fmancial guarantee of
performance in a 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 f llowing 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 submitti .g the final plat for recording, the following must provide endorsements or
certifications: O ers 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 action 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 'ghts, claims in any way associated with this application.
34. The applicant sh 11 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 subm.tted prior to the issuance of any building permits for the site.
35. Place a note on tie 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 prov de a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment
over 8000 G . The plan shall show all designated routes and hours of operation. The heavy
truck traffic routs shall maximize use of highways and major arterials while minimizing use of
smaller residentiSI streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all
sub-contractors and for monitoring compliance.
38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a"Notice to Proceed"with construction letter.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-02-23,iRZ-03-23) 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-6-DA(Residential with a development agreement [in lieu
of a PUD]) is consistent with the Village/Community Center and Compact Residential
designations as shown on the Comprehensive Plan Land Use Map;
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b. The information p ovided from the agencies having jurisdiction over the public facilities needed
for this site indica es that adequate public facilities exist, or are expected to be provided,to serve
all uses allowed o this property under the proposed zone;
c. The proposed R- -DA (Residential with a development agreement [in lieu of a PUD]) zoning
district is compati le with the RUT(Rural-Urban Transition—Ada County designation)zone and
land use to the no h since that area may be developed with commercial uses in the future and the
proposed residential development is designed to provide a transition between the commercial area
and residential properties located south of the proposed development;
d. The proposed R-(-DA (Residential with a development agreement [in lieu of a PUD]) zoning
district is compatible with the RUT(Rural-Urban Transition—Ada County designation)zone and
land use to the south since that area may be developed in a similar manner;
e. The proposed R-6-DA (Residential with a development agreement [in lieu of a PUD]) zoning
district is compatible with the MU-DA (Mixed Use with a development agreement) and R-4-DA
(Residential with la development agreement) zone and proposed land uses to the east since that
area is proposed to be developed with commercial and residential uses and there will be a
landscaped buffer located along North Palmer Lane on both sides of the road;
f. The proposed R-6-DA (Residential with a development agreement [in lieu of a PUD]) zoning
district is compatible with the RUT(Rural-Urban Transition—Ada County designation)zone and
land use to the west since that area may be developed in a similar manner;
g. The land proposd for rezone is not located within a "Hazard Area" or "Special Area" as
described within e Comprehensive Plan; and
h. No non-conformi g uses are expected to be created with this rezone.
2. The Commission reviewed the particular facts and circumstances of this proposed development
agreement in lieu of a PUD, and based upon the information provided concludes that the proposed
development is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. That the proposed preliminary plat (with a development agreement in lieu of a PUD) is in the
public interest,advances the general welfare of the community and neighborhood,and will not be
detrimental to the economic welfare of the community.
Huntridge 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 o et 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 hange the essential character of the same area.
Huntridge Subdi ision is designed to be compatible with the adjacent properties based on the
comprehensive pl designations of Village/Community Center and Compact Residential and the
approved develo ments within the area (Millstone Farms Subdivision and Torrente Secco
Subdivision); and
c. That the develop ent will not be hazardous or disturbing to existing or future neighborhood uses.
Huntridge Subdivision is designed in a manner which is harmonious with approved subdivisions
located in proximity to the site and future development based on the comprehensive plan. The
proposed subdivision will provide pedestrian and vehicular interconnectivity to the adjacent
properties; and
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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 t at any uses or activities will be detrimental to the surrounding properties upon
completion of th site work. Huntridge Subdivision will be served by North Palmer Lane. The
subdivision is pr posed with three(3)stub streets for providing access to the adjacent properties;
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.
Huntridge Subdivision will be served by North Palmer Lane and three (3) stub streets (upon
development of the adjacent properties). All central services(including police and fire protection)
are available or ay be extended to the site, as noted within the letters provided by the agencies
having jurisdictipn 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 facilit es and services are supplied by the developer and must be approved at the time
of installation d before acceptance by the Eagle Sewer District, City of Eagle Water
Department,and Ada County Highway District;and
g. That the develo ment is provided with parks, ponds, open areas, areas of special interest,
floodplain prese ation, and/or other special features which would not typically be provided in a
non-PUD proposal.
The development will contain a minimum of 2.03-acres (20.3%) of open space. A total of.82-
acres (40.4%) of the common area open space is active open space. The open space consists of a
pool house, swimming pool, gym, lobby/lounge, dog park, community gardens, tot lot, and
benches;and
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
The development will include three(3)stub streets to the adjacent properties located to the north,
south, and west which will provide intra-neighborhood connectivity. The design and construction
of the roadways d 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 site was previously utilized for a contractor's yard; therefore,no scenic or historic features of
major importance exist on site; and;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 Village/Community Center and
Compact Residential. The applicant is requesting a R-6-DA (Residential with a development
agreement[in lieu of a PUD)to allow for flexibility in design while still maintaining a maximum
density of the proposed development at 5.8-dwelling units per acre; and
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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 rezone with a development agreement (in lieu of a
PUD), 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.
In case of large—scale PUDs (incorporating eleven (11) or more lots or dwelling units):
m. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space,recreation,maintenance, schools and solid waste collection.
The public services that would be provided to the development include the following:
Fire Protection
This development is located within the boundaries of the Star Fire Protection District.
Police Protection
The project will be served by the Eagle Police Department.
Water Service
The project is located within an area that is served by City of Eagle Municipal Water System. The
water infrastructure will be constructed at the developer's expense.
Sewer
As required herein, the applicant is required to comply with the requirements and conditions of
the Eagle Sewer District. Also, the owner will be required to provide proof of central sewer
service to the proposed residential uses.
Road Construction
The construction of all roads within the development will be completed by the developer. Upon
completion,the roads will be dedicated to the Ada County Highway District.
Open Space
The development will contain a minimum of 20.3% passive and active open space. The open
space consists of common lots containing seating areas and pathways.
Maintenance
The maintenance of any private open space areas will be regulated by the Huntridge Subdivision
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.
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Solid Waste Collection
Solid waste collection is provided by Hardin Sanitation Service through a contract with the City
of Eagle.
n. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
The development will not create excessive additional requirements at public cost for public
facilities and services because the facilities and services will be constructed at the expense of the
developer as conditioned within the approval.
o. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
The estimated tax revenue generated to the City of Eagle from the development at build-out is
approximately$11,778.00/annually(without Homeowner's Exemption).
p. That suggested public (or private) means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. The developer provides the services in the initial stages of
development;therefore,the public service providers avoid potential liability and expenses.
DATED this 18th day of December,2023.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
.e1:4L(Lj
Trent Wright,Chairman
oRPOA,•:C ;:
Tracy E. O ,Eagle City Clerk d 9A •
• r SSA •
:r�R L •' *
9 •
Op ID .,,,
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