Findings - PZ - 2024 - RZ-04-07 MOD/PP-01-22 - Flats Sixteen - Development Agreement Modificaiton [Development Agreement in Lieu of a PUD] and Preliminary Plat for Flats Sixteen Subdivision BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION [DEVELOPMENT )
AGREEMENT IN LIEU OF A PUD] AND )
PRELIMINARY PLAT FOR FLATS )
SIXTEEN SUDIVISION FOR JORDAN )
TAMPIEN )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-04-07 MOD/PP-01-22
The above-entitled development agreement modification and preliminary plat applications came before
the Eagle Planning and Zoning Commission for their consideration on December 18, 2023. The
applications were continued to February 5,2024,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:
Jordan Tampien, represented by Clifton Trimble with Storhaug Engineering, is requesting a
development agreement modification (development agreement in lieu of a PUD) and preliminary
plat approvals for Flats Sixteen Subdivision, a 109-lot(94-buildable [59 single-family, 35 single-
family attached], 1-commercial, 14-common) mixed use subdivision. The 31.16-acre site is
located on the west side of State Highway 16 approximately 1,290-feet north of the intersection
of West Beacon Light Road and State Highway 16 at 3701, 3703,and 3705 North Highway 16.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held virtually (due to COVID 19) at 6:00 PM on Tuesday,
December 7, 2021, in compliance with the application submittal requirement of Eagle City Code.
The applications for these items were received by the City of Eagle on December 21, 2021. A
revised preliminary plat and project narrative were received by the City of Eagle on June 29,
2022. A pressurized irrigation report was received by the City of Eagle on August 4, 2022. A
third revised preliminary plat and proposed revisions to the recorded development agreement
were received by the City of Eagle on August 5,2022. A fourth revised preliminary plat and trails
exhibit were received by the City of Eagle on October 13, 2022. A revised response letter to the
City Engineer was received by the City of Eagle on December 23, 2022. A fifth revised
preliminary plat was provided on December 7,2023.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on January 26, 2022, in accordance with the
requirements of the Eagle City Code. A second request for agencies' reviews was transmitted on
August 11, 2023, in accordance with the requirements of 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
December 1, 2023. Notice of this public hearing was mailed to property owners in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on December 1,
2023. The site was posted in accordance with the Eagle City Code on November 29,2023.
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D. HISTORY OF REVELANT PREVIOUS ACTIONS:
On December 18, 2007, the City Council approved an annexation and rezone from RUT (Rural-
Urban Transition — Ada County designation) to MU-DA (Mixed Use with a development
agreement)for CHM Development(A-04-07/RZ-04-07).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
One(1)Existing Winery,
MU-DA(Mixed Use with a One(1)Existing
Existing Mixed Use Landscape Supply
development agreement) Company,and
Undeveloped Land
MU-DA(Mixed Use with a One(1)Existing Winery
Proposed Mixed Use and Residential
development agreement) Subdivision
RUT(Rural-Urban
North of Large Lot with a Single Family Residence
site Transition Overlay Transition—Ada County with Agricultural Land
designation)
R2
South of Estate Rural Residential (Low Density Golf Course and
site (City of Star designation) Residential Zone—Ada Residential Subdivision.
County designation) (Trellis Subdivision)
East of Large Lot with a RUT(Rural-Urban
site Single Family Residence
(northern Transition Overlay Transition—Ada County with Agricultural Land
portion) designation)
East of
site Compact with a MU-DA(Mixed Use with a Mixed Use Planned Unit
(southern Transition Overlay development agreement) Development(Terra View
portion) Subdivision)
R2
West of Estate Rural Residential (Low Density
site (City of Star designation) Residential Zone—Ada Golf Course
County designation)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site—31.16-acres
Total Acreage of Residential—26.08-acres
Total Acreage of Commercial—5.08-acres
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Total Number of Lots— 109
Residential—94
Commercial— 1
Industrial—0
Common— 14
Total Number of Units—
Single-family—59
Single-family attached—35
Two-family—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
ADDITIONAL SITE DATA PROPOSED REQUIRED
3.59-units per acre 3.59-units per acre maximum
(as limited within the
development agreement)
Minimum Lot Size 3,000-square feet 5,000-square feet(minimum)
Minimum Lot Width 25-feet 50-feet(minimum)
Minimum Street or Alley Frontage 25-feet 20-feet(minimum)
35-feet(minimum)
Total Acreage of Common Area 8.22-acres 5.23-acres(minimum)
Percent of Site as Common Area 31.4% 20%(minimum)
Percent of Common Area Open Space 81.1%(6.67-acres) 15%(minimum)(1.05-acres)
as Active Open Space
GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing a 75-foot-wide landscape buffer between State Highway 16 and the
residential portion of the development. The proposed width of the buffer area is in conformance
with Eagle City Code section 8-2A-7(J)(4)(c).
Common Area Open Space:
A total of 8.22-acres, approximately 31.4% of open space, is proposed within the residential
portion of the subdivision. Approximately 6.67-acres (81.1%) of the proposed open space is
"Open Space, Active" as defined by Eagle City Code Section 9-1-6. The applicant has indicted
within the narrative, date stamped by the City on August 23, 2023, the open space common lots
will contain a tot lot, large dog park,plaza area with a grassy field for private events,nature areas,
and approximately two(2)miles of trails throughout the development.
Commercial Area:
The development will contain a commercial lot approximately five (5) acres in size. The
preliminary plat,date stamped by the City on December 7,2023, shows the commercial lot with a
restaurant, two (2) banquet event space buildings, storage building, storage restrooms, existing
pavilion,and an existing pond.
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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:
Eagle City Code section 9-3-6 requires utility easements to be not less than 10 feet wide. The
proposed easement widths are in conformance with Eagle City Code.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the joint Middleton and Star Fire
Protection District. The water system will be an extension of the Star Sewer and Water District's
water system.
On-site Septic System:
The site contains an existing residential dwelling and commercial buildings which utilize septic
systems. The applicant will be required to provide proof indicating the septic systems have been
abandoned.
Preservation of Existing Natural Features:
There are a few mature trees located in proximity to the existing dwelling and the southern
portion of the site. Eagle City Code Section 9-3-8 (B) states that existing natural features which
add value to residential development and enhance the attractiveness of the community (such as
trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
J. STREET DESIGN:
Public Streets:
The public streets are to be designed and constructed as required pursuant to the ACHD report,
date stamped by the City on September 26,2023.
Private Alleys:
The preliminary plat, date stamped by the City on December 7, 2023, shows private alleys
providing access to the single-family attached units.
Blocks Less Than 500': None.
Cul-de-sac Design:
One(1)cul-de-sac is proposed:
Mazzarrone Street: 332-feet in length, 50-foot radius.
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Sidewalks:
The preliminary plat, date stamped by the City on December 7, 2023, shows typical street
sections for the internal public streets with detached 5-foot-wide sidewalks separated by an 8-
foot-wide landscape planter strip. The preliminary plat shows a 10-foot-wide sidewalk located
along State Highway 16.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
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.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
See Flats Sixteen Pathways and Trails Plan, date stamped by the City on July 18, 2023 (attached
to the staff report).
L. PUBLIC USES PROPOSED:None proposed
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern— No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—Yes—northern portion of the site.
Mature Trees — Yes — northern portion of the site, commercial area, and in proximity to the
existing dwelling.
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—Yes, existing trees
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Flats Sixteen Natural Features Analysis, date stamped by the City on July 12, 2023 (attached to
the staff report).
Correspondence received from Casey Pozzanghera, with Idaho Fish and Game Department
(attached to the staff report).
Geotechnical Engineering Report Flats Sixteen Development, Eagle, ID,date stamped by the City
on July 18,2023 (attached to the staff report).
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will be served by the Star Sewer and Water District.
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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 October 31, 2023, are of special
concern(attached to the staff report).
Ada County Highway District
Central District Health
Communities in Motion 2050 Development Review
Department of Environmental Quality
Farmers Union Ditch Company,Ltd. (Jerry Kiser)
Idaho Transportation Department
Middleton Rural Fire District/Star Fire Protection District
Eagle Historic Preservation Commission (HPC): All comments within the HPC email dated
August 16,2023,are of special concern(attached to the staff report).
R. LETTERS FROM THE PUBLIC:
Email received from Clint Travis,dated February 1,2022.
S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to construct the subdivision in three (3) phases with timing of each
phase as follows:
Phase 1 —Final plat recordation Spring of 2025
Phase 2—Final plat recordation Fall of 2026
Phase 3—Final plat recordation Fall of 2027
T. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future
neighborhood uses.
4. That the development does not involve uses, activities, processes, materials, equipment,
and/or conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or
odors.
5. That the development will be served adequately by essential public facilities such as
highways, streets,police and fire protection, drainage structures, refuse disposal, water and
sewer,and schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
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7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be
provided in a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference
with traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic
or historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the
surrounding area for this proposed development justifies any proposed deviation from any
standard district regulations.
In cased of large-scale PUDs (incorporating eleven (11)or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and
open space,recreation,maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development
has been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of fmancing 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:
6.3 Land Use Designations
The Comprehensive Land Use Map (adopted November 15, 2017), designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential.
Residential densities within the designation is up to 20 units per acre but density will be
determined on a site by site basis. Uses should complement and not take away from downtown
Eagle. Development within this land use designation should be required to proceed through the
PUD and/or development agreement process. See the planning area text for a complete
description of site specific uses.
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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:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited
office, limited commercial,and residential. This district is intended to ensure compatibility of
new development with existing and future development. It is also intended to ensure
assemblage of properties in a unified plan with coordinated and harmonious development
which shall promote outstanding design without unsightly and unsafe strip commercial
development. Uses should complement the uses allowed within the CBD zoning district. All
development requiring a conditional use permit in the MU zoning district,as shown in section
8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in
accordance with chapter 6 or 10 of this title unless the proposed development does not meet
the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative
development, in conjunction with adjacent parcels (to meet the minimum area requirements),
shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed
use is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapter.
Residential densities shall not exceed twenty (20) dwelling units per gross acre. When a
property is being proposed for rezone to the MU zoning district, a development agreement
may be utilized in lieu of the PUD and/or conditional use process if approved by the city
council, provided the development agreement includes conditions of development that are
required during the PUD and conditional use process.
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 Area Regulations:
if
Minimum Yard Setbacks ,i Minimum II
Note Conditions A To E* Lot Area
Zoning Maximum Maximum (i (Acres Or Minimum
District Height it Front II
Rear 0 Interior Street 1, Lot Covered Square " Lot
Side Side F And J* '; Feet)H* Width I*
R-6 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)
- .
MU 35' 20' 20' 7.5' 20' 50% 5,000 50'
G.All front load garages shall be set back a minimum of 25 feet from the back of sidewalk
• Eagle City Code Section 8-2A-7 J(4)(c)Major Roadways:
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4. Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways, to protect residential communities from
noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a
common lot located between the residential lots within the subdivision and the right of
way line of the adjacent roadway. This buffer is required as part of the common area
open space owned and maintained by a homeowners' association. Any landscaping
proposed to be within the public right of way shall not be included as a part of the buffer
area required below. The height for berming/fencing, as noted below, shall be measured
from the elevation of the final grade of the adjacent roadway(measured at the centerline)
to the top of the proposed berming/fencing. The required buffer area width,plantings, and
fencing are as follows:
c. Any road designated as a principal arterial on the master street map typologies map
in the Eagle comprehensive plan:
A minimum of seventy five feet (75') 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: six (6) shade trees, ten (10) evergreen trees, four (4) 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 ten foot (10') high, maximum twelve foot (12') high, berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet(3') horizontal distance to one foot(1') vertical distance.
If a decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall is to be provided, in combination with the berm, a four foot (4') wide
flat area shall be provided for the placement of the decorative wall. Chainlink, cedar,
and similar high maintenance and/or unsightly fencing shall not be permitted.
C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 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 fmd 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.
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. Adjacent property will not be landlocked by the site layout.
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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 attached
dwelling lots.
B. Construction And Design Standards: Private streets and private alleys shall conform to the
following construction and design requirements:
1. 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 council.
2. 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.
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.
4. 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.
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
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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
Eagle fire district and the city engineer;or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer,and city council.
d. Private streets and private alleys not exceeding 150-feet may terminate with no
turn-around if approved by the Eagle Fire District.
7. 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.
8. 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.
C. Access And 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.
2. 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:
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.
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3. 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 fmal plat by the
city engineer.
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 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.
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 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 iafety.
• Eagle City Code Section 9-3-5: Lots:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height
and area regulations as set forth in section 8-2-4 of this code, except that lot sizes that
vary from the standards within section 8-2-4 of this code may be considered as part of the
planned unit development.
• 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.
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• Eagle City Code Section 9-4-1-6: Pathway and Trail Regulations:
A. Intent: The placement of Pathways and Trails are intended for management of 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 and recreation options in areas that allow it. The
following factors will be considered in the placement of any Pathway or Trail: the utility,
need, and impact to existing neighborhoods; soils and hydrology; erosion potential;
impacts to native wildlife habitat; special status plant;wildlife species; cultural resources;
compliance with the City of Eagle Comprehensive Plan; compliance with the City of
Eagle Pathways and Trails Master Plan; compliance with any approved Open Space,
Wildlife Mitigation Plan, or similar document for the development; design as it relates to
both crime prevention and function; and the responsibilities of ownership and
maintenance.
B. Pathway and Trail Terms:
1. Pathways:Facilities that are designed to improve connectivity throughout the
Pathway system and developments. The term Pathways shall refer to those facilities
that are regulated and managed by the City or depicted in the City's Pathways and
Trails Master Plan.
5. Community Pathway: Facilities that are intended to provide routes to and through
developments connecting to or providing linkage to regional facilities, arterials and
collectors that provide alternative transportation features,or adjacent developments.
C. Management and Regulations:
1. All Pathways and Trails that are not deemed to be private, by the City, shall have
public access.
2. Such access shall be perpetual and non-revocable but may be relocated by the
landowner so long as the connectivity provided by the original access is not
materially affected.
3. Pathways within a platted area shall be identified on the plat with a note, creating a
public access easement for the pathway.
D. Pathways:
5. Classifications:
b. Community:
(1) Shall be eight-foot(8')in width unless otherwise approved by the City.
(2)Shall be constructed to the City Pathways and Trails Design and Construction
Standards, Idaho Standards for Public Works Construction(ISPWC), or Ada
County Highway District (ACHD) Sidewalk Standard as determined by the
City.
(3) Shall be maintained by the City, HOA, developer, or property owner, as
determined by City.
(4)Tread surface shall be determined by the City.
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(5) Shall include a twenty-five foot (25') wide public access easement for City
maintained Pathways. All Pathways not dedicated to the City shall have an
easement width of a minimum of the tread width plus four feet (4') on each
side unless the pathway is located within a public right-of-way, then an
easement is not required. The City may grant an exception to the required
easement width.
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.4. The Eagle Knoll Development shall consist of three (3)primary elements: a pre-existing
winery, a residential development, and a mixed-use development contained within the
approximately 31.18 acre site. The proposed Site Concept Plan indicates approximately
fifty percent residential use and fifty percent of non-residential use. Of the fifty percent
commercial use, approximately half(approximately 7 acres) is allocated to the winery
facilities, or twenty-five percent of the overall development. The balance of the
development shall be:
3.4.1. Residential Development
3.4.1.1.The Site Concept Plan anticipates approximately 14.10 acres of residential
developable property as discussed further in Section 3.4.2 below, which would
entitle a total of 70 dwelling units. However,the nursery,while appropriate,may
be ultimately expanded as a residential use with a maximum of 5 units per acre.
For each acre converted from a non-residential mixed use to a residential use
beyond the 14.10 acres shown in the concept plan, five units shall be permitted
per acre up to 120 units. The density of the 14.10 acres and any additional
residential use shall not exceed 120 units or a maximum residential density of 5.0
Units per Acre on 24 acres(75%of the site).
3.4.1.2.Pursuant to the Concept Plan, areas developed as residential shall not
substantially exceed 14.10 acres with the following ratios:
Table'3.4.1.2
Product Type Aprox.Sq ft./unit Units/Acre % of units
Townhouse 4,000 8.3 57%
Row Houses 4,500 7.2 _ 15%
Single-Family 6,500 5.5 28%
3.4.1.3 Setbacks and dimensional standards for the residential development shall comply
with ECC 8-6 or as follows:
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Table
3.4.1.3
Setbacks
Product Garage Street Max. Units
Type Front* at Street Rear Interior Side Attached
Townhouse 20 ft. 5 ft. 10 ft. 2
Row
Houses Alternating 10 ft. 10 ft. 0 ft.*** 10 ft. 5
10& 15 Ft.
Single- 20 ft. 5ft.** 5ft. 10 ft. 0
Family
*No more than two units can have the same set back before alternating
**When on a pond 10ft if not
***20 ft Min.between buildings
3.4.2. Mixed Use Development
3.4.2.1 Non-residential mixed land uses shall be a minimum of twenty-five
percent of the Property. The Property shall be developed in compliance
with Eagle City Code and the Eagle Comprehensive Plan, as adopted at
the time this Development Agreement is recorded, except as otherwise
provided herein. In the Retail/Commercial area of the Property
consisting of approximately 7 acres in the eastern portion of the site as
depicted on the Site Concept Plan, non-residential uses shall include a
mixture of relatively small retail uses such as coffee shops, bars, retail
(wine-related or otherwise), and restaurants, which shall compliment the
current winery uses as well as serve the needs of the neighboring
residential population generally conforming to the pedestrian plaza
concept depicted on the Site Concept Plan. For each acre developed as
mixed use beyond the 7 acre winery site, 5 units shall be removed from
the maximum residential density of 120 units provided under Section
3.4.1.1.
3.4.2.2. Commercial uses shall be limited to those uses that compliment or are
ancillary to the existing Eagle Knoll Winery and are otherwise limited to
the following uses:
• Agricultural Retail(Fuels Service only for facility use)
• Artist Studio
• Arts and Crafts shows
• Bar
• Beauty/barber Shop
• Bed and Breakfast
• Brewery
• Coffee shop
• Convenience Store(no Fuel Service)
• Creamery
• Family&Group Childcare
• Food and Beverage Sales(hours limited to 7am to 10pm)
• Gift Shop
• Health club, spa,weight reduction salons(including a racquet club)
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• Home and business services
• Bed and Breakfast,Boutique Hotel(up to 20 rooms)
• Massage Spa
• Nursery
• Office Business,professional,and medical
• Personal Improvement
• Personal Service
• Photographic Studio
• Professional Activities
• Restaurant(no drive thru)(hours limited to 7am to 10pm)
• Retail Sales Limited
• Retail Sales(pharmacy and medical)
• Travel services(No Fuel service)
• Winery
• Vet Clinic(excluding overnight boarding)
• Museum
3.4.2.3 No portion of the Property shall be used for any of the
following uses:
• All Industrial Uses
• Fuel Service
• Outside Storage,
• "Commercial,Adult Business,"
• "Commercial,Automotive, mobile home,travel trailer,and/or farm
implement sales, "
• "Commercial,Cemetery,"
• "Commercial,Drive-in theatre,"
• "Commercial,Mortuary/Funeral Home."
• "Commercial, Storage(fenced area),"
3.4.2.4 Applicants shall comply with all parking requirements pursuant to City
of Eagle Title 8,Chapter 4.
3.4 The Ea2le Knoll Winery
3.4.3 Currently, the winery is an approved conditional use under Ada County
development services as a winery and sales office and is thus classified as a valid,
non-conforming use. The existing winery facilities shall continue to function
with the exception of the wine production building which shall serve as a
banquet/reception facility. A new production and storage building shall be
utilized in the southeast portion of the commercial area.
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3.5. The Property is not in the Eagle Sewer District Planning area or the City of Eagle Water
Service Planning Area. The existing winery development is served by a community well
and package wastewater treatment system in conjunction with the Trellis Subdivision to
the south of the site in association with the Trellis Subdivision to the south. Prior to any
expansion of the uses on the site or the signing of any final plat, the City shall require
proof of adequate water and sewer service to the proposed residences and commercial
uses. A letter of approval shall be provided to the City from the Idaho Department of
Health, Division of Environmental Quality, and/or Central District Health, and Idaho
Department of Water Resources of any such services or the Property shall be required to
annex into the Star Sewer and Water District.
3.6. Owners shall provide a report or analysis of any proposed changes to wetlands located on
the Property and any such change shall be contingent upon approval by the applicable
state and federal agencies, along with the City of Eagle, and shall be in accordance with
the Eagle Comprehensive Plan and City Code. Applicant agrees all development and
improvement of the Property shall comply with all laws and regulations pertaining to
regulated wetlands.
3.7. Owners will comply with all rules, regulations and ordinances of Eagle unless as
otherwise required herein, including, but not limited to, applications for development
permits as required by Title 10,Flood Control,Eagle City Code.
3.8 Owners shall provide an on-site, tree lined landscape strip along State Highway 16 as
generally shown and depicted on "Exhibit A", attached hereto and incorporated by
reference herein. The landscaping, including street trees and pathways, shall be reviewed
and approved as required by applicable Eagle City Code provisions.
3.9. Streets shall be stubbed west to Pollard Lane with the access to Highway 16 shall be
relocated to the north. A secondary emergency access shall be provided and the location
approved by the Star Fire District and ITD. All other access points shall be removed
from the Site Concept Plan. All access point to Highway 16 shall be designated as
temporary access until such time as a new access to Pollard Lane is achievable or traffic
counts exceed ITD or Star Fire Districts Standards. All access points;road and stub street
locations shall be approved by ACHD and ITD prior to submittal of any preliminary plat.
3.10. Eagle hereby acknowledges that the attached typical housing styles "Exhibit D" and lot
layout plan represents an example of the Owners current concept for the site and
understands and agrees that changes in that concept will likely occur but that the changes
must substantially conform to the concept plan and related designs herein. The Property
Owner also understands and agrees that any changes regarding development of the site
must be in conformance with the"Conditions of Development"stated herein.
3.10.1 All non-single family structures shall comply with ECC 8-2A and shall receive
approval from the Eagle Design review Board and City Council prior to the
issuance of any building permits.
3.10.2 The development shall comply with the Eagle City Code,as it exists in final form
at the time a design review application is made, including compliance with all of
the conditions as provided within this development agreement.
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3.10.3 As described by the owners,strict architectural controls shall be enforced shall be
in keeping with proposed typical architecture standard for the development.
Examples are attached as Exhibit D of this agreement and are incorporated herein
by reference. To assure compliance with this condition, the applicant shall create
an architectural control committee (ACC) as a component of the subdivision
CC&R's. Provisions regarding the creation and operating procedures of the ACC
shall be included in the CC&R's, and shall be reviewed and approved by the City
attorney prior to the approval of the final plat for phase one.
3.10.4 The owners shall provide a modified site plan showing an increase buffer
between the existing River Birch golf course and the residential use on the south
of this site.
3.11 A letter of approval shall be provided to the City from the Farmers Union Canal Company
approving any encroachments of the canal company's facilities. The owners shall also
provide a copy of any License Agreement associated with the site prior to the
commencement of construction of any improvements on the site.
E. DISCUSSION(based on the preliminary plat, date stamped by the City on December 7, 2023, the
revised narrative, date stamped by the City on August 30, 2023, and the executed development
agreement,Ada County instrument#113011435):
• On March 6, 2007,the City received annexation and rezone applications. The applicant at the
time was requesting annexation and rezone of the subject property which consisted of a
winery operation. The applicant received approval of the requested annexation and rezone on
December 7, 2007. The site was approved as the Eagle Knoll Development which consisted
of three (3)primary elements: a pre-existing winery, a residential development, and a mixed-
use development. The site plan associated with the approval showed the site would be equally
split between commercial uses and residential uses. The winery portion of the site consisted
of approximately seven (7) acres. The executed development agreement identified 14.10-
acres of residential uses which would entitle a total of 70-dwelling units. The executed
development agreement contained a condition of development which allowed an expansion of
the residential area allowing up to five (5) units per acre not to exceed 120 dwelling units.
Since the property was annexed into the City there have been several ownership changes. The
executed development agreement contains a condition of development which limits the
commercial uses to those which compliments or are ancillary to the existing Eagle Knoll
Winery. The Eagle Knoll Winery has ceased operation and the winery buildings have been
utilized for various uses over the past years. Based on the Eagle Knoll Winery not in
operation the allowed uses within the commercial area need to be re-evaluated.
The current owner has submitted a Master Land Use application requesting development
agreement modification and preliminary plat approvals. The applicant is requesting a
development agreement modification to allow for an amended and restated development
agreement based on the proposed preliminary plat. The subject applications show the
property consisting of 26.16-acres of residential uses and 5-acres of commercial uses. The
applicant is proposing 94 residential units which is approximately 3.59-dwelling units per
acre based on the residential area.
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• The applicant is proposing the following setbacks:
Single-Family Detached Units
Front 20-feet
25-feet(front yard garage at street)
Rear 20-feet
Interior Side 7.5-feet(first story)
Street Side 10-feet
Maximum Lot Coverage Not addressed
Single-Family Attached Units
Front 20-feet (10-feet if alley load)
Rear 15-feet
Rear(alley loaded) 5-feet(10-feet PUID easement)
Interior Side 5-feet(0-feet for common wall)
Street Side 20-feet
Maximum Lot Coverage Not addressed
The property is currently zoned MU-DA (Mixed Use with a development agreement).
Condition of Development 3.4.1.3 of the executed development agreement identifies the
setbacks as follows:
Setbacks Max.
Product Garage Street Units
Type Front* at Street Rear Interior Side Attached
Townhouse 20 ft. 5 ft. 10 ft. 2
Row
Houses Alternating 10 ft. 10 ft. 0 ft.*** 10 ft. 5
Single- 10& 15 Ft.
Family 20 ft. 5ft.** 5ft. 10 ft. 0
*No more than two units can have the same set back before alternating
**When on a pond 10ft if not
***20ft.Min.between buildings
The preliminary plat shows a typical street section for the interior streets with 1-foot 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 31-feet from the property line to be in
conformance with Eagle City Code Section 8-2-4. Also, Eagle City Code Section 8-2-4
requires the maximum lot coverage within the MU (Mixed Use zoning district to not exceed
50%. Further, the setbacks identified on the preliminary plat did not address setbacks for two-
story single-family detached structures.
It is staffs opinion that based on the location of the detached sidewalk the following setbacks
(measured from the property line)and maximum lot coverage for this development should be
required:
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Single-Family Detached Units
Front 20-feet
31-feet(front yard garage at street)
Rear 20-feet
Interior Side 7.5-feet(first story), 5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 50%
Single-Family Attached Units
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 20-feet
Maximum Lot Coverage N/A
• Condition of Development 3.4.2.2, 3.4.2.3, 3.4.2.4, of the executed development agreement
restricted the uses conducted within the property and parking as follows:
3.4.2.2. Commercial uses shall be limited to those uses that compliment or are ancillary to
the existing Eagle Knoll Winery and are otherwise limited to the following uses:
• Agricultural Retail(Fuels Service only for facility use)
• Artist Studio
• Arts and Crafts shows
• Bar
• Beauty/barber Shop
• Bed and Breakfast
• Brewery
• Coffee shop
• Convenience Store(no Fuel Service)
• Creamery
• Family&Group Childcare
• Food and Beverage Sales(hours limited to 7am to 10pm)
• Gift Shop
• Health club,spa,weight reduction salons (including a racquet club)
• Home and business services
• Bed and Breakfast,Boutique Hotel(up to 20 rooms)
• Massage Spa
• Nursery
• Office Business,professional, and medical
• Personal Improvement
• Personal Service
• Photographic Studio
• Professional Activities
• Restaurant(no drive thru)(hours limited to lam to 10pm)
• Retail Sales Limited
• Retail Sales(pharmacy and medical)
• Travel services(No Fuel service)
• Winery
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• Vet Clinic(excluding overnight boarding)
• Museum
3.4.2.3 No portion of the Property shall be used for any of the following uses:
• All Industrial Uses
• Fuel Service
• Outside Storage,
• "Commercial,Adult Business,"
• "Commercial, Automotive, mobile home, travel trailer, and/or farm implement
sales, "
• "Commercial,Cemetery,"
• "Commercial,Drive-in theatre,"
• "Commercial,Mortuary/Funeral Home."
• "Commercial, Storage(fenced area),"
3.4.2.4 Applicants shall comply with all parking requirements pursuant to City of Eagle
Title 8,Chapter 4.
It is staffs opinion that based on the executed development agreement and Eagle City Code
Section 8-2-3, the following permitted and conditional uses should be the only allowed uses
within the Commercial Lot of the Property:
• Artist Studio
• Arts and Crafts shows
• Bar(with approval of a conditional use permit)
• Beauty/barber Shop
• Bed and breakfast facility
• Convenience store with no fuel service
• Family&Group Childcare
• Food and Beverage Sales(hours limited to 7am to 10pm)
• Gift Shop
• Health club,spa,weight reduction salons(including a racquet club)
• Hotel(up to 20 rooms)
• Live entertainment events(with approval of a conditional use permit)
• Microbrewery
• Museum
• Nursery
• Office Business,professional, and medical
• Personal Improvement
• Personal Service
• Photographic Studio
• Professional Activities
• Restaurant(no drive thru)(hours limited to 7am to 10pm)
• Retail Sales(limited)
• Retail Sales(pharmacy and medical)
• Travel services
• Winery
• Vet Clinic(excluding overnight boarding)
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The following uses should be prohibited within the property:
• Automotive parts and accessory sales
• Automotive vehicle vinyl wrap shop
• Automotive washing facility
• Automotive repair
• Cabinet shop
• Cemetery
• Circuses and carnivals
• Coffee roasting facility
• Commercial entertainment facilities(indoor and outdoor)
• Drive-in theater
• Equipment rental and sales yard
• Mortuary
• Machine shop
• Mortuary/Funeral home
• Restaurant(with drive-through)
• Shopping center
• Small engine repair(mower,chain saws,etc.)
• Storage(fenced area)
• Woodworking shop
• The applicant provided a Flats Sixteen Pathways and Trails Plan,date stamped by the City on
July 18, 2023. The plan shows a 10-foot-wide concrete pathway located adjacent to State
Highway 16, 8-foot-wide pathways located throughout the common lots located within the
subdivision, and 5-foot-wide concrete detached sidewalks located adjacent to the internal
streets. The pathways should be constructed to the City Standards for Concrete Pathways or
the Owner should provide a surety in a form pursuant to Eagle City Code Section 9-4-2-2
associated with the estimated construction cost of the pathways to guarantee completion prior
to the City Clerk signing the final plat, notwithstanding the foregoing, the pathways shall be
constructed prior to the issuance of any building permits associated with the respective phase.
The specific location and design of the pathways should be approved by the Design Review
Board and City Council prior to submittal of a final plat application. Also, the applicant
should be required to provide the following:
o The ten-foot-wide concrete pathway located adjacent to State Highway 16 should be
located within a 25-foot wide public access easement. The easement should be recorded
within one (1) year of execution of the development agreement, and the instrument
number should be referenced as a plat note on the final plat.
o The eight-foot-wide located internally to the subdivision should be located within a 16-
foot-wide public access easement. The easement should be recorded, and the instrument
number should be referenced as a plat note on the final plat.
• The single-family attached units within the subdivision will be accessed from private alleys
located within common lots(Lot 8, Block 3 and Lot 13,Block 5). Plat note#11 addresses the
access, public utility, drainage, and irrigation easements associated with the common lots.
Item C) and Item D) of the plat note references a private street. The applicant should be
required to provide a revised plat note #11 with the reference to private street private street
within items C) and D) changed to reference private alley. The revised preliminary plat
should be provided prior to submittal of a final plat application.
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• Based on the private alleys being numbered as common lots there is not a dedicated street
which separates the two (2) blocks. The applicant should be required to provide a revised
preliminary plat with Blocks 3 and 4 combined to become Block 3 with new sequential lot
numbering, and Blocks 5 and 6 combined to become Block 4 with new sequential lot
numbering. Block 7 should be renumbered to be Block 5. 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 came before the Eagle Planning and Zoning Commission for
their consideration on December 18, 2023. The applications were continued to February 5, 2024, 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 application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by two(2)individuals who expressed the following concerns:
• The availability and flows of irrigation water due to the proposed changes to the lateral. The
proposed changes to the lateral should only have a maximum of two(2)bends.
• The applicant should be required to construct a frontage road through the property.
• Safety concerns due to the location of the ingress/egress access point to State Highway 16.
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: 1:52:20):https://eagle-id.granicus.com/player/clip/1833?meta id=90938
COMMISSION DECISION REGARDING THE DEVELOPMENT AGREEMENT
MODIFICATION:
The Commission voted 4 to 0 (McLauglin absent) to recommend approval of RZ-04-07 MOD for a
development agreement modification with the following staff recommended conditions to be placed
within an Amended and Restated Development Agreement:
3.1 The maximum density for the Property shall be 3.59 dwelling units per acre (59 single-family
detached and 35 single-family attached 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
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
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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 private alleys, community and
privately owned landscaping, pressurized irrigation facilities, and amenities. The owner shall
provide an operation and maintenance manual including the funding mechanism as an
addendum to the CC&Rs and the repair and maintenance requirement shall run with the land
and that the requirement cannot be modified ant that the homeowner's association or other
entity cannot be dissolved without the express consent of the city.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D).All other fencing(i.e. dog-eared cedar fencing,chainlink)shall be prohibited.
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of
all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be
deemed to be amended to comply with the applicable rule,regulation, law or ordinance.
(d) A requirement for establishing a Conservation Education Program (CEP)Assessment Fee. The
homeowner's association shall be responsible for the collection of the CEP Assessment Fees
and depositing the CEP Assessment Fees collected in fund established by the City for use in the
Conservation Education Program Funding Plan.
3.5 The required setbacks shall be as follows:
Single-Family Detached Units
Front 20-feet
31-feet(front yard garage at street)
Rear 20-feet
Interior Side 7.5-feet(first story), 5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 50%
Single-Family Attached Units
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 20-feet
Maximum Lot Coverage N/A
3.6 The following permitted and conditional uses shall be the only allowed uses within the Commercial
Lot of the Property:
• Artist Studio
• Arts and Crafts shows
• Bar(with approval of a conditional use permit)
• Beauty/barber Shop
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• Bed and breakfast facility
• Convenience store with no fuel service
• Family&Group Childcare
• Food and Beverage Sales(hours limited to 7am to 10pm)
• Gift Shop
• Health club, spa,weight reduction salons(including a racquet club)
• Hotel(up to 20 rooms)
• Live entertainment events(with approval of a conditional use permit)
• Microbrewery
• Museum
• Nursery
• Office Business,professional,and medical
• Personal Improvement
• Personal Service
• Photographic Studio
• Professional Activities
• Restaurant(no drive thru)(hours limited to 7am to 10pm)
• Retail Sales(limited)
• Retail Sales(pharmacy and medical)
• Travel services
• Winery
• Vet Clinic(excluding overnight boarding)
The following uses shall be prohibited within the Property:
• Automotive parts and accessory sales
• Automotive vehicle vinyl wrap shop
• Automotive washing facility
• Automotive repair
• Cabinet shop
• Cemetery
• Circuses and carnivals
• Coffee roasting facility
• Commercial entertainment facilities(indoor and outdoor)
• Drive-in theater
• Equipment rental and sales yard
• Mortuary
• Machine shop
• Mortuary/Funeral home
• Restaurant(with drive-through)
• Shopping center
• Small engine repair(mower,chain saws,etc.)
• Storage(fenced area)
• Woodworking shop
3.7 Owner shall comply with all parking requirements pursuant to City of Eagle Title 8, Chapter 4.
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3.8 Owner shall comply with all applicable Star Sewer and Water District's regulations and conditions
prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner
shall provide proof of central sewer service to the proposed residential uses. A letter of approval
shall be provided to the City from the Idaho Department of Health and Welfare, Department of
Environmental Quality,and/or Central District Health,prior to issuance of any building permits.
3.9 Owner shall provide and construct all pathways as shown on the Flats Sixteen Pathways and Trails
Plan(Exhibit D). The pathways shall be constructed to the City Standards for Concrete Pathways or
the Owner shall provide a surety in a form pursuant to Eagle City Code Section 9-4-2-2 associated
with the estimated construction cost of the pathways to guarantee completion prior to the City Clerk
signing the final plat, notwithstanding the foregoing, the pathways shall be constructed prior to the
issuance of any building permits associated with the respective phase. The specific location and
design of the pathways shall be approved by the Design Review Board and City Council prior to
submittal of a final plat application.
3.9.1 The ten-foot-wide concrete pathway located adjacent to State Highway 16 shall be located
within a 25-foot wide public access easement. The easement shall be recorded within one(1)
year of execution of the development agreement, and the instrument number shall be
referenced as a plat note on the final plat.
3.9.2 The eight-foot-wide located internally to the subdivision shall be located within a 16-foot-
wide public access easement. The easement shall be recorded, and the instrument number
shall be referenced as a plat note on the final plat.
3.10 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown on Exhibit E.
No similar front elevation (utilizing the same architectural style or color) of any residential
dwelling shall be duplicated:
o Within five(5)lots measured from each side lot line;
o Directly across the street and within five(5)lots(measured from each side lot line);and
o Directly behind any lot and within five(5)lots(measured from each side lot line).
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
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.
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3.11 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage,2)planting details within the proposed and required landscape island and all common areas
throughout the development, 3) elevation plans for all proposed common area structures and
irrigation pump house(if proposed), 4) landscape screening details of the irrigation pump house (if
proposed), and 4) useable amenities such as picnic tables, covered shelters, benches, gazebos,
and/or similar amenities (if proposed). The design review application shall be reviewed and
approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of the
first final plat.
3.12 Owner shall provide a report or analysis of any proposed changes to wetlands located on the
Property and any such change shall be contingent upon approval by the applicable state and federal
agencies, along with the City of Eagle, and shall be in accordance with the Eagle Comprehensive
Plan and City Code. Applicant agrees all development and improvement of the Property shall
comply with all laws and regulations pertaining to regulated wetlands.
3.13 Owner will comply with all rules,regulations and ordinances of Eagle unless as otherwise required
herein, including, but not limited to, applications for development permits as required by Title 10,
Flood Control,Eagle City Code.
3.14 Owner shall provide a letter of approval to the City from the Farmers Union Canal Company
approving any encroachments of the canal company's facilities. The Owner shall also provide a
copy of any License Agreement associated with the site prior to the commencement of construction
of any improvements on the site.
3.15 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 to 0(McLaughlin absent)to recommend approval of PP-01-22 for a preliminary
plat for Flats Sixteen Subdivision (Exhibit "A") with the following staff recommended site specific
conditions of approval and standard conditions of approval with underline text to be added by the
Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-04-07
MOD.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an
invoice by the City,whichever occurs first.
4. Provide a revised plat note #11 with the reference to private street within items C) and D)
changed to reference private alley. The revised preliminary plat should be provided prior to
submittal of a final plat application.
5. Provide a revised preliminary plat with Blocks 3 and 4 combined to become Block 3 with new
sequential lot numbering, and Blocks 5 and 6 combined to become Block 4 with new sequential
lot numbering. Block 7 should be renumbered to be Block 5. The revised preliminary plat shall be
provided prior to submittal of a final plat application.
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6. Provide documentation from the subdivision contractor indicating the individual well(s) located
on the site were properly abandoned. The documentation shall be provided prior to the City Clerk
signing the final plat.
7. Provide documentation from the subdivision contractor indicating the existing septic system and
drainfield located on-site have been abandoned prior to the City Clerk signing the final plat.
8. The developer shall provide shade-class trees(landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be
placed at the front of each lot generally at each side property line, or as approved by the Design
Review Board. The trees shall be located within an 8-foot-wide landscape strip between the 5-
foot wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall
be placed so as to not interfere with the required placement of street trees. Prior to the City Clerk
signing the final plat the applicant shall either install the required trees, sod, and irrigation or
provide the City with a letter of credit for 150%of the cost of the installation of all landscape and
irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the
homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial
reduction of the surety may be permitted for any portion of the development that is completed,
including street trees that have been installed. On-going surety for street trees for all undeveloped
portions of the development will be required through project completion. 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.
9. 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 fencing shall be installed (pursuant to the Design Review Board's direction) to
protect all trees that are to be preserved, prior to the commencement of any construction on the
site. No trees shall be removed from the site prior to city approval of a tree removal and
replacement plan.
10. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat.
11. 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).
12. The Flats Sixteen Subdivision shall remain under the control of one Homeowners Association.
13. 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.
14. The applicant shall work with the City to establish a Conservation and Education Program(CEP)
Funding Plan associated with Flats Sixteen Subdivision. The CEP Funding Plan shall be executed
by the applicant and the City prior to the City Clerk signing the final plat.
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15. 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. The applicant shall conduct a pre-application meeting with the City of Eagle Fiber
Department prior to submittal of a final plat application. Upon completion of the installation of
the municipal fiber-optic conduit lines, the applicant shall provide GIS coordinates of the
locations of the municipal fiber-optic conduit lines. The municipal fiber-optic conduit lines shall
be installed, GIS coordinates provided, and the fiber-optic conduit lines shall be dedicated to the
City prior to the City Clerk signing the_final plat.
16. 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.
17. The applicant shall provide a copy of aprofessional survey of the site demonstrating that all non-
access site design features (including residential dwelling units) do not encroach on any ITD
Right-of-Way (Ada County instrument number 433443) or any ITD easements (Ada County
instrument number 137341 and 137351). The professional survey shall be provided prior to
submittal of a design review application. If ITD determines that the non-access site design
features encroach into the ITD Right-of-Way or ITD easements, the applicant shall provide a
revised preliminary plat showing all non-access site design features located outside of the ITD
Right-of-Way and ITD easements prior to submittal of a design review application.
18. All access points; road and stub street locations shall be approved by ACHD and ITD prior to
submittal of a final plat application.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs,gutters,streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to
the platted property. The developer may submit a letter in lieu of plans explaining why plans may
not be necessary.
4. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50,Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service,prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed
on the street side of the home or shall have their sewer drainage system designed with a stub at
the house front to allow for future connection to a public sewer system.
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8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific
criteria for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final
plat.A copy of the construction drawing(s)shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to
the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will
be developed in the drainage easements. The approved drainage system shall be constructed,or a
surety shall be submitted to the City Clerk,prior to the City Engineer signing the final plat. The
CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City
Attorney,prior to the City Engineer signing the final plat, requiring that lots be so graded that all
runoff runs either over the curb,or to the drainage easement, and that no runoff shall cross any lot
line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing
by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to
the City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including,but not limited to,landscaping, fencing,lighting,and/or pathways shall
not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval
of the organized irrigation district, canal company, ditch association, drainage district, drainage
entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or
canal. The applicant shall submit a copy of the written approval from the irrigation entity,
drainage district,or drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the
City Engineer prior to the City Engineer signing the final plat. All construction shall comply with
the City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner,
or homeowner's/business owner's association,whichever the case may be.
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The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by
the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat.
16. An approval letter from the Middleton Rural Fire District/Star Fire Protection District shall be
submitted to the City prior to the City Engineer signing the final plat. The letter shall include the
following comments and minimum requirements, and any other items of concern as may be
determined by the Eagle Fire Department officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Middleton Rural Fire District/Star Fire Protection District prior to the City Engineer
signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and
shall be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Middleton
Rural Fire District/Star Fire Protection District prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the
storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or
other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing
the final plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any
other area designated by the City Council or the Eagle Parks, Pathways, and Recreation
Commission for a path or walkway shall be approved in writing by the Eagle City Parks,
Pathways,and Recreation Commission prior to approval of the final plat by the City Council.
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21. Conservation,recreation and river access easements(if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the
City Council.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations(if applicable)prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain(if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the floodplain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall
be complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
30. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions"until the final plat has received the approval of the
City Council(ECC 9-6-5 (A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The
financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified
check.
31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central
District Health Department, Ada County Treasurer, Ada County Highway District
Commissioners,City Engineer,and City Clerk.
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33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights,claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off
leash.
37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment
over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy
truck traffic routes shall maximize use of highways and major arterials while minimizing use of
smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all
sub-contractors and for monitoring compliance.
38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a"Notice to Proceed"with construction letter.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed development
agreement modification (RZ-04-07 MOD) 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
development agreement modification is in accordance with the City of Eagle Comprehensive Plan
and established goals and objectives because:
a. The requested zoning designation of MU-DA(Mixed Use with a development agreement [in lieu
of a PUD]) is consistent with the Mixed Use designation as shown on the Comprehensive Plan
Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. The proposed MU-DA (Mixed Use 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 north since that area is separated from the subject property by a state highway
(SH-16) and the applicant will be required to construct a minimum 10-foot high landscape buffer
within the subject property;
d. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning
district is compatible with the R-2(Residential Zone—City of Star designation)zone and land use
to the south since that area contains a golf course;
e. The proposed MU-DA (Mixed Use 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 east since that area is separated from the subject property by a state highway(SH-
16) and the applicant will be required to construct a minimum 10-foot high landscape buffer
within the subject property;
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f. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning
district is compatible with the R-2 (Residential Zone—City of Star designation)zone and land use
to the west since that area contains a golf course;
g. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan, however, the applicant is required herein to comply with Eagle
City Code Title 10, Flood Control regarding developing within an area of special flood hazard;
and
h. No non-conforming uses are expected to be created with this rezone based on the conditions
contained herein.
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.
Flats Sixteen Subdivision is designed in conformance with the comprehensive plan and consistent
with the requirements of Eagle City Code. Development of the property will generate increased
tax revenue to help offset the cost of supporting public services; and
b. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
Flats Sixteen Subdivision is designed with less density than is allowed pursuant to the executed
development agreement; therefore, making it more harmonious with the surrounding area. The
commercial portion of the development is buffered from the surrounding properties with
residential units;and
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
Flats Sixteen 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
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons,property or the general welfare by
reason of excessive production of traffic,noise,smoke, fumes,glare or odors.
The development is planned for residential and commercial uses, similar to the character of the
surrounding area. It is not anticipated that any uses or activities will be detrimental to the
surrounding properties upon completion of the site work. Flats Sixteen Subdivision will be served
by State Highway 16. The subdivision is proposed with two (2) 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.
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Flats Sixteen Subdivision will be served by State Highway 16 and two (2) stub streets (upon
development of the adjacent properties). All central services(including police and fire protection)
are available or may be extended to the site, as noted within the letters provided by the agencies
having jurisdiction over the site. Development of sewer, water, drainage, streets and other urban
services will be provided at the developer's expense; and
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time
of installation and before acceptance by the Star Sewer and Water District, and Ada County
Highway District; and
g. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
The development will contain a minimum of 8.22-acres (31.4%) of open space. A total of 6.67-
acres (81.1%)of the common area open space is active open space. The open space consists of a
tot lot, dog park, plaza area with a grassy field for private events, nature area and trails and
pathways throughout the development; 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 gain access from State Highway 16 from a northbound turning lane or a
southbound deceleration lane; therefore, not impeding the flow of traffic. The development will
also include two (2) stub streets to the adjacent properties located to the north, and west which
will provide intra-neighborhood connectivity. The design and construction of the roadways and
entrances is regulated by the Ada County Highway District; and
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
The site was previously utilized for a residence, nursery, and a commercial restaurant; 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 property is designated Mixed Use within the Eagle Comprehensive Plan. The property is
currently zoned MU-DA (Mixed Use with a development agreement [in lieu of a PUD]). The
subdivision is designed with less commercial and lower density than the density allowed pursuant
to the executed development agreement; and
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This applicant has requested a development agreement modification (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.
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The development provides a mix of single-family detached dwellings, single-family attached
dwellings, and commercial uses. The commercial portion of the development will provide
employment opportunities and access to restaurants, shops, and services for the residents of the
development and the surrounding area. The applicant is required to submit a design review
application for the subdivision to be reviewed and approved by the Design Review Board and
City Council prior to submittal of a final plat application. Also, the applicant will be required to
submit design review applications for the single-family attached dwellings.
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 Middleton Rural Fire District/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 Star Water and Sewer District. 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 Star Water and 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 31.4% 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 Flats Sixteen
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.
Solid Waste Collection
Solid waste collection is provided by Hardin Sanitation Service through a contract with the City
of Eagle.
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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$25,568.00.00/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 20th day of February,2024.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
Trent Wright,Chairman
CAT Y Op��'4,
ATTE * GORp ••,y�%
Trac sborn 1 ity Clerk = loth
Cfl ;��, q •
r OF O• ,
♦ • •
♦ NN
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