Findings - CC - 2024 - A-02-23/RZ-03-23/PP-03-23 - Annexation and Rezone from RUT to R-6-DA and Preliminary Plat for Huntridge Subdivsion BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
AN ANNEXATION AND REZONE FROM RUT )
[RURAL-URBAN TRANSITION—ADA COUNTY )
DESIGNATION] TO R-6-DA [RESIDENTIAL )
WITH A DEVELOPMENT(IN LIEU OF A PUD)] )
AND PRELIMINARY PLAT FOR HUNTRIDGE )
SUBDIVISION FOR BPS PALMER,LLC )
(SHANNON ELY) )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-02-23/RZ-03-23/PP-03-23
The above-entitled annexation, rezone with a development agreement(in lieu of a PUD), and preliminary
plat applications came before the Eagle City Council for their action on January 23, 2024, at which time
public testimony was taken and the public hearing was closed. The Eagle City Council, having heard and
taken oral and written testimony, and having duly considered the matter,makes the following Findings of
Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
BPS Palmer Lane, LLC, - (Shannon Ely), represented by Kindi Moosman with Horrocks
Engineers, is requesting an annexation, rezone from RUT(Rural-Urban Transition—Ada County
designation) to R-6-DA (Residential with a development agreement [in lieu of a PUD]), and
preliminary plat approvals for Huntridge Subdivision, a 73-lot (58-buildable [3 single-family
detached, 55 single family attached], 15-common) residential subdivision. The 10-acre site is
located on the west side of North Palmer Lane approximately 445-feet south of the intersection of
West Beacon Light Road and North Palmer Lane at 3101 North Palmer Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Eagle Public Library (meeting room) at 6:00 PM, on
Wednesday, January 18, 2023, in compliance with the application submittal requirement of Eagle
City Code. The applications for this item were received by the City of Eagle on March 21, 2023.
A revised preliminary plat was received by the City on September 8, 2023. A second revised
preliminary plat was received by the City on September 19, 2023. A revised narrative was
received by the City on November 13, 2023.A third revised preliminary plat was received by the
City on November 16, 2023. A fourth revised preliminary plat was received by the City on
November 28,2023.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on April 11, 2023, in accordance with the
requirements of the Eagle City Code. Notice of Public Hearing on the applications for the Eagle
Planning and Zoning Commission was published in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and the Eagle City Code on November 17, 2023. Notice of this public
hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter
65, Idaho Code and Eagle City Code on November 17, 2023. The site was posted in accordance
with the Eagle City Code on November 21, 2023.
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Notice of Public Hearing on the applications for the Eagle City Council was published in
accordance with the requirements of Title 67,Chapter 65,Idaho Code and the Eagle City Code on
January 5, 2024. 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 January 5, 2024.
The site was posted in accordance with the Eagle City Code on January 5,2024.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION FOR A REZONE:
See applicant's narrative, dated stamped by the City on November 13, 2023 (attached to the staff
report).
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's narrative, date stamped by the City on November 13, 2023 (attached to the staff
report).
H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Village/Community RUT(Residential—Ada Contractor's yard
Center and Compact County designation)
Residential
Proposed No Change R-6-DA(Residential with a Single-family residential
Development Agreement[in subdivision
lieu of a PUD])
North of site Village/Community RUT(Residential—Ada Agriculture
Center County designation)
South of site Compact Residential RUT(Residential—Ada Agriculture
County designation)
East of site Village/Community MU-DA(Mixed Use with a Proposed Torrente Secco
Center and Compact development agreement) Subdivision
Residential and R-4-DA(Residential
with a development
agreement)
West of site Village/Community RUT(Residential—Ada Agriculture
Center and Compact County designation)
Residential
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DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA,CEDA,or DSDA.
J. SITE DATA:
Total Acreage of Site— 10.00-acres
Total Number of Lots—73
Residential—58
Commercial—0
Industrial—0
Common— 15 (including two [2] private alleys)
Total Number of Units—58
Single-family—3
Single-family attached—55
Two-family—0
Multi-family—0
Total Acreage of Any Out-Parcels—none
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 5.8-units per acre 5.8-units per acre maximum
(as limited within the
development agreement)
Minimum Lot Size 1,686-square feet(R-6 1,600-square feet(minimum)
attached)
5,404-square feet(R-6 5,000-square feet(minimum)
detached)
Minimum Lot Width 22-feet(R-6 attached) 20-feet(minimum)
48-feet(R-6 detached) 50-feet(minimum)
Minimum Street or Alley 20.6-feet(attached) 20-feet(minimum)
Frontage 44-feet(detached) 35-feet(minimum)
Total Acreage of Common Area 2.03-acres 2.0-acres(minimum)
Percent of Site as Common Area 20.3% 20%(minimum)
Percent of Common Area Open 40.4%(.82-acres) 15%(minimum)(.30-acres)
Space as Active Open Space
K. GENERAL SITE DESIGN FEATURES:
Open Space:
A total of 2.03-acres (approximately 20.3%) of open space is proposed within the subdivision.
Approximately .82-acres (40.4%) of the proposed open space is considered to be "Open Space,
Active" as defined by Eagle City Code Section 9-1-6. The open space is inclusive of the 13-
common lots which are proposed to contain a centralized common area, two (2) common lots
containing the required buffer area, and seven (7) common lots which are designed to provide a
buffer area for corner lots. The centralized common area contains a pool house, swimming pool,
gym, lobby/lounge,dog park, community gardens,tot lot,and benches.
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Utility and Drainage Easements,and Underground Utilities:
The preliminary plat, date stamped by the City on November 28, 2023, notes a 20-foot-wide
public utilities, irrigation,and lot drainage easement located adjacent to the right-of-way(with the
exception of Block 2) and a 10-foot-wide public utilities, irrigation, and drainage easement
adjacent to the rear lot lines and subdivision boundary. The preliminary plat also notes a 5-foot-
wide public utilities, irrigation, and drainage easement is located adjacent to any interior side lot
line for public utilities, irrigation, and lot drainage. Lot 1, Block 2, contains a blanket public
utilities, irrigation,and drainage easement.
Fire Hydrants and Water Mains:
Hydrant locations require approval by the Star Fire Protection District.
On-site Septic System:No
Pressurized Irrigation:
The applicant provided a preliminary irrigation report, date stamped by the City on October 6,
2023 (attached to the staff report).
Preservation of Existing Natural Features:
See "Huntridge Subdivision Natural Features Analysis," date stamped by the City on July 21,
2023 (attached to the staff report).
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site.
L. STREET DESIGN:
Public Streets:
See ACHD staff report,date stamped by the City on May 19,2023 (attached to the staff report).
Blocks Less Than 500': None.
Cul-de-sac Design:None proposed.
Sidewalks:
The applicant is proposing 5-foot-wide detached sidewalks separated by an 8-foot-wide planter
strip on both side of the public streets and within the buffer areas located adjacent to North
Palmer Lane.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required.
M. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
The preliminary plat, date stamped by the City on November 28, 2023, shows 5-foot-wide
pedestrian pathways which runs the entire length of the north and south property lines of Lot 13,
Block 5. Those pathways extend through buildable lots (Lots 1-6, 8, 10-12, and 14-16, Block 5).
The pathways connect to the 5-foot sidewalk located within Lots 7 and 10,Block 5.
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N. PUBLIC USES PROPOSED:None proposed.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is located within the City of Eagle Municipal Water System service area. The
property is located within the boundaries of the Eagle Sewer District.
Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—Yes—the site contains two(2)mature trees.
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Huntridge Subdivision Natural Features Analysis, date stamped by the City on July 21, 2023
(attached to the staff report).
S. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments,which appear to be of special concern,are noted below:
City Engineer: All comments within the Engineer's letters dated November 30, 2023, are of
special concern(attached to the staff report).
City Water Superintendent: Storage and Trunk Line (STL) Fee Waiver Request — Memo
approving waiver to delay payment of Eagle Municipal Water STL fees, dated March 21, 2023
(attached to the staff report).
ACHD
Ballantyne Ditch
Central District Health
Eagle Sewer District
Idaho Transportation Department
Star Fire Protection District
T. RESPONSE FROM THE EAGLE PARKS, PATHWAYS, AND RECREATION
COMMISSION:
All comments within the Parks, Pathways, and Recreation Commission memo dated November
14,2023,are of special concern(attached to the staff report).
U. LETTERS FROM THE PUBLIC:None received to date.
V. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:N/A
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W. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment,
and/or conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic,noise, smoke,fumes,glare or odors.
5. That the development will be served adequately by essential public facilities such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water and
sewer,and schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided
in a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the
surrounding area for this proposed development justifies any proposed deviation from any
standard district regulations.
In cased of large-scale PUDs (incorporating eleven (11) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space,recreation,maintenance,schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development
has been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer
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THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART
OF THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map(adopted November 15,2017),designates this site as the
following:
Village/Community Center
Village and Community Centers are intended to serve as mixed use centers for goods, services
and employment for areas that are removed from downtown Eagle. Uses and residential densities
vary based on location. See the planning area text for a complete description of site specific
uses.
Compact Residential
Suitable for single family residential, row houses, duplex and four-plexes. Densities range from
4 units per acre to 8 units per acre.
6.6 Village Planning Area
6.6.1 Village Planning Area Uses/Design
A. The land use and development policies specific to the Village Planning Area include
residential, commercial, retail, civic, research and development park, corporate and/or
educational campus, hospitality, and office uses. Non-residential uses will be focused in the
Village Center.
1. Village Center: The Village Center is generally located along the north and south sides
of Beacon Light Road, extending from State Highway 16 East to Hartley Lane, as shown
on the Future Land Use Map (Map 6.1). All Non-residential uses will be focused in the
Village Center. This area is comprised of three key components:
a. A research/development park, educational campus, and/or corporate park area
designed to provide sufficient space for corporate headquarters in a park-like setting
with ancillary commercial uses located in the Village Center;and
b. The village center should include supporting office, retail commercial, hospitality,
and civic uses that will benefit and support the non-residential uses, as well as the
larger residential area;
c. Office and restaurant uses with drive thrus are considered a supporting use to the
corporate and campus uses. Office and restaurant uses that are appropriately
designed and internally oriented to the larger development area may be considered on
a case by case basis.
2. Residential Uses should be developed as follows:
a. New developments proposed near the Village Center in the Compact Residential
designation are encouraged to include apartments,town homes, condominiums, patio
homes,bungalows and live/work units ranging in densities from 4 to 8 units per acre
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6.6.3 Issues of Concern
A. ,The scaling and compatibility of uses will be of significant concern in this area. In order for
non-residential uses to locate in this area they will require the establishment and development
of residential uses prior to construction. The compact residential designation should be
developed to support the planned non-residential uses in the area. New residents should be
made aware that the area is intended to have research/development park, educational campus,
and/or corporate park uses in the area.
B. Special care should be taken to preserve the Village Center area. While residential uses will
be the first demand in the area the City needs to work with land owners and developers to
preserve sufficient land for the non-residential uses that will be needed to serve the area at
buildout. If development pressure is not held back, the City's vision for an employment area
will not be achieved.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2:Rules and Definitions:
DWELLING, SINGLE-FAMILY ATTACHED: A dwelling consisting of two (2) or more
dwelling units attached to one another by common walls with each dwelling unit being on a
separate lot,commonly referred to as townhouses and/or townhomes.
• Eagle City Code Section 8-2-1:Districts Established,Purposes and Restrictions:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre. Multi-
family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4, and R-5 zoning
districts, unless approved as part of a planned unit development (PUD). Centralized water and
sewer facilities are required for all subdivision and parcel division applications submitted after
the effective date hereof in all zoning districts except the city council may permit the use of
individual well(s) and septic system(s) in the A, A-R and R-E zoning districts upon a
determination that the public health, safety, and welfare will not be negatively impacted.
Whenever there is a conflict or difference between the provisions of this section and those of
other chapters and/or other titles, the chapter or title with the more restrictive provision shall
prevail. When a property is being proposed for rezone to the R zoning district, a development
agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the
city council, provided the development agreement includes conditions of development that are
required during the PUD and conditional use process.
DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted
on the official zoning map of the city (i.e., C-2-DA), indicates that the zoning was approved by
the city with a development agreement. Specific provisions, as may have been incorporated
within the development agreement,are applicable to development within this zoning designation.
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• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks Minimum
Note Conditions A To E* Maximum Lot Area
-- Lot (Acres Or Minimum
Zoning Maximum Front Rear Interior Street Covered F Square Lot
District Height Side Side And J* Feet)H* Width I*
R-6 35' 20' 20' 7.5' 20' 60% 5,000 50'
R-6 to R-10 35' 20' 15' 5' 20' N/A 1,600 20'
single- 10' if 5' if 0'for
family alley alley common
attached load load wall
dwellings
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-2-3:Preliminary Plat:
C. Required Information And Data:
3. The following shall be submitted separately:
i. Streets, street names, rights of way and roadway widths, including adjoining
streets or roadways;
• Eagle City Code Section 9-3-2-5:Private Streets and Private Alleys:
Private streets and private alleys may be permitted, in the discretion of the council, subject to
the following:
A. Compliance: The council must find that any proposed private streets or private alleys are
in compliance with each of the following criteria:
1. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings such
that private streets and or private alleys will serve to enhance the overall
development.
2. Safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and
parking are provided.
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.
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
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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
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.
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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 final 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 safety.
• Eagle City Code Section 9-3-6:Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines. Easement width shall be ten(10') feet along rear and front lot lines and five
feet along each side lot line, except that lesser easement widths, to coincide with
respective setbacks,may be considered as part of a planned unit development.
B. A five foot(5')wide unobstructed drainageway easement shall be provided in conjunction
with the utility easement along each side lot line or as required by the city council,except
that lesser easement widths, to coincide with respective setbacks, may be considered as
part of a planned unit development.
• 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:Trail and Pathway Regulations:
A. Intent: The placement of trails, pathways, and sidewalks are intended to encourage
motorized and non-motorized forms of use, to provide safe, convenient, and aesthetic
alternative travel routes to common destinations such as schools,parks, shopping centers,
etc., and to promote economic development in areas that allow it. The following factors
will be considered in the placement of any trail, pathway, or sidewalk: the utility, need,
and impact to existing neighborhoods;compliance with the comprehensive plan and trails
and pathways master plan; design as it relates to both crime prevention and function, and
the responsibilities of ownership and maintenance;or
The development of a defined planning process to include: a standardized application and
review process with funding and management structure for implementation and
maintenance of the system in perpetuity. In the event that a subdivision developed a
suitable alternative to the city's process, it may be adopted using the terms and standards
defined below.
D. Pathway Design: The city will be responsible for approving the final pathway design.
While the city may exercise considerable discretion in determining the design of
pathways,the following minimum standards shall be followed
3. Pathways shall be located within common lots unless the city council determines that
placement within an easement is more appropriate to serve the public interest. If an
easement is used, it shall be designated as a perpetual, non-revokable easement.
However, based on changes in development plans, trails and associated easements
may need to be relocated. These trails may be relocated by the landowner or city, but
must maintain the intent of the easement, i.e. connectivity from point A to point B
must be maintained,but may be done with a different configuration or alignment.
All trail or pathway easements shall be provided with a center line in GIS or CAD
format with a defined area in the attribute, i.e. width and type of easement. These
files will conform to City of Eagle data standards.
E. Trail and Pathway Classifications:
2. Community Trails and Pathways: provide routes to and through developments
connecting to or providing linkage to regional facilities, arterials/collectors that
provide alternative transportation features, or connect to adjacent developments. The
following requirements shall be used for planning and implementation purposes.
Exceptions may be granted by the city if a subdivision has developed a suitable
alternative to the city's pathway process and associated requirements.
a. Shall be eight-foot(8')minimum in width unless otherwise approved by the city.
b. Shall be maintained by the HOA,developer,or property owner.
c. Tread surface shall be concrete and constructed to the City Trail and Pathway
Design and Construction Standard, or to the ACHD Sidewalk Standard unless
otherwise approved by the city.
3. Neighborhood Trails and Pathways: shall be integrated into the design of common
area open spaces within neighborhoods. These routes do not, nor are expected to
facilitate non-motorized traffic that leads to other neighborhoods, regional trails,
schools, parks, commerce, and other attractors. They are intended for internal
neighborhood use and for connecting to Community Trails. The following
requirements shall be used for planning and implementation purposes. Exceptions
may be granted by the city if a subdivision has developed a suitable alternative to the
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city's pathway process and associated requirements.
a. Shall be six-foot(6')minimum in width unless otherwise approved by the city.
b. Shall be maintained by the HOA,developer,or property owner.
c. Tread surface shall be concrete and constructed to the City Trail and Pathway
Design and Construction Standard, or to the ACHD Sidewalk Standard, unless
otherwise approved by the city.
H. Community and Regional Sidewalks: while five-foot (5') wide sidewalks play an
important role in local neighborhood bicycle and pedestrian conveyance, with an increase
in width,and as a last resort alternative,they may also function as a public Community or
Regional Trail or Pathway when no other alignment is available and such alternative
design is approved by the city council.
3. Community and Regional Sidewalks shall be located within the public right-of-way or
within common lots that border roadways, and along arterials and collectors with a
minimum of vehicle traffic crossings. These may also be required when bike lanes
along adjacent roadways are not available.
5. Regional Sidewalks shall be a minimum of ten feet (10') in width unless otherwise
approved by the city.
• Eagle City Code Section 9-4-1-8:Underground Utilities:
Underground utilities are required.
D. DISCUSSION (based on the preliminary plat, date stamped by the City on November 28, 2023,
preliminary plat landscape plan date stamped by the City on October 4, 2023, and the narrative,
date stamped by the City on November 13, 2023):
• The proposed development is located within the City of Eagle's Municipal Water Service
Area. Pursuant to Resolution No. 8-09, payment of Storage and Trunk Line(STL)fee is to be
provided at the time of preliminary and final plat applications. The amount of the STL fee is
$2,100/Equivalency Residential Customer (ERC). An ERC is equivalent to each residential
buildable lot. Based on 58-lots, the total STL fee required for the subdivision is $121,800.00.
Pursuant to Resolution No. 8-09, the preliminary plat STL fees to be paid for the subject
subdivision at the time of submittal of the preliminary plat application is$1,050.00/ERC. The
STL fee required at the time of submittal of a preliminary plat application is$60,900.00. The
applicant has submitted a storage trunk line deferral request, dated March 21, 2023, to the
City of Eagle Water Department. The request is to delay paying the required preliminary plat
STL fee until submittal of a final plat application. The applicant received approval from the
City of Eagle Water Department(of the waiver request)on March 21, 2023. The preliminary
plat portion of the STL fee will be due at the time of submittal of final plat application(s).
The remaining portion due at the time of final plat application(s) totals $60,900.00. The
applicant should pay the required preliminary plat STL fee of$60,900, with the remaining
portion of the$60,900.00 to be paid at the rate of$1,050.00 x Lots in Final Plat at the time of
submittal of the first final plat application. The city is currently working towards adopting
water system capitalization fees to replace the required STL fees. In the event the City adopts
water system development fees prior to submittal of a final plat application the payment of
the STL fees shall not be required. The required water system capitalization fees shall be paid
at the time of submittal of a final plat application.
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• The applicant is proposing the following setbacks associated with the R-6 (Residential)
zoning designation:
Front 20-feet (from right-of-way)
Front(Garage) 25-feet(measured from garage to back of sidewalk)
Side 5-feet(0-feet attached units)
Rear 20-feet
Side 5-feet(0-feet attached units)5-feet
7.5-feet(detached units)
Maximum Lot Coverage 45%(attached units)
N/A (detached units)
The applicant is requesting an R-6-DA (Residential with a development agreement [in lieu of
a PUD]) zoning designation. Pursuant to Eagle City Code Section 8-2-4, the following
setbacks are required for single-family detached dwellings located within the R-6
(Residential)zoning designation:
Front 20-feet
Rear 20-feet
Interior Side 7.5-feet(first story)5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 60%
*All front load garages shall be setback a minimum of 25-feet from the back of sidewalk.
Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required for single-
family attached dwellings located within the R-6(Residential)zoning designation:
Front 20-feet (10-feet if alley load)
Rear 15-feet (5-feet if alley load)
Interior Side 5-feet (0-feet for common wall)
Street Side 20-feet
Maximum Lot Coverage N/A
The applicant is also requesting a waiver of the front setback from 20-feet to 17-feet
associated with Lot 7, Block 3. Lots 7 and 8, Block 3, gain access to public street from a
private alley. The front setback measurement for Lot 7, Block 3, is based on the private alley
lot(Lot 9, Block 3). As proposed the residential structure will be approximately 41-feet from
the public street.
Page PP-3 of the preliminary plat shows a typical street section for the interior streets with 6-
feet of the 8-foot-wide planter strip and the 5-foot-wide detached sidewalk being located
within the buildable lot. Eagle City Code Section 8-2-4(G) requires all front load garages
shall be setback 25-feet from back of sidewalk. To accommodate the garage setback from the
property line, the setback would need to be 36-feet from the property line to be in
conformance with Eagle City Code Section 8-2-4. Based on the location of the PUDI
easement, the living area would need to be a minimum of 21-feet from the property line to
accommodate the easement.
It is staff's opinion that based on the location of the detached sidewalk and the required 10-
foot wide PUDI easement, the following setbacks (measured from the property line) and
maximum lot coverage for this development should be required:
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Single-Family Detached Units
Front 20-feet
36-feet(garage)
Rear 20-feet
Interior Side 7.5-feet(first story)5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 60%
Single-Family Attached Units
Front 20-feet (10-feet if alley load)
Front(Lot 7,Block 3) 17-feet(living),25-feet(garage)
Rear 15-feet (5-feet if alley load)
Interior Side 5-feet (0-feet for common wall)
Street Side 20-feet
Maximum Lot Coverage N/A
• The Parks, Pathways, and Recreation Commission reviewed the proposed pathway locations
on November 16, 2023. They recommended the following: 1)The developer should provide a
10-foot-wide concrete sidewalk built to ACHD Standards for Sidewalk along North Palmer
Lane.The unconnected ends of these alignments shall employ the cul-de-sac design described
in the City Standard; 2) The developer should provide a 6-foot-wide concrete pathway built
to City Standards for Concrete Pathways in alignment with the pathway shown within the
common area (Lot 13, Block 5) and Lots 1-6, 8, 10-12, and 14-16, Block 5. The pathways
should connect to the 5-foot sidewalk located within Lots 7 and 10, Block 5. The pathway
should be located within a 20-foot-wide access easement, the easement should have a
minimum 4-foot-wide margin on each side of the pathway tread. The pathway easement
should be recorded and referenced as a plat note on the final plat;and 3)The applicant should
be required to provide a revised preliminary plat showing a 6-foot-wide pathway located
within the common area (Lot 13, Block 5) and Lots 1-6, 8, 10-12, and 14-16, Block 5. The
revised preliminary plat should be provide prior to submittal of a design review application.
• Plat note#11 of the preliminary plat states,"With the exception of Block 2, all lots are hereby
designated as having a permanent easement for public utilities, irrigation, and lot drainage
over the 20-feet adjacent to any public street. The easement shall not preclude the
construction of the hard-surface driveways, walkways, landscape, parking, fencing or other
such non-permanent structures. Joint utility corridor within Block 2 to be coordinated with
Idaho Power."
As previously referenced, 6-feet of the planter strip and the 5-foot-wide detached sidewalk
encroach into the buildable lot area. Based on a 20-foot-wide public utility, irrigation, and
drainage easement there will only be 9-feet remaining for installation of joint trench
associated with the public utilities. Also, based on the required setback the public utilities,
irrigation, and lot drainage easement will be touching the front of the proposed residential
dwellings. The applicant should provide correspondence from Idaho Power indicating
approval of the locations of the public utilities easement prior to submittal of a final plat
application.
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• Plat note #16 of the preliminary plat references the lots (Lot 1, Block 2 and Lot 9, Block 3)
containing private alleys within the development. The second refence to Lot 9 within the plat
note identifies the block as Block 2. The applicant should be required to provide a revised
preliminary plat with the reference to Lot 9, Block 2 within plat note #16, changed to Lot 9,
Block 3. The revised preliminary plat should be provided prior to submittal of a final plat
application.
• The preliminary plat does not identify the location of existing well(s) and or septic system(s)
located within the property.The applicant should be required to provide a revised preliminary
plat showing the locations of any existing well(s)or septic system(s)within the property.The
revised preliminary plat should be provided prior to submittal of a final plat application. The
applicant should be required to provide documentation indicating the existing well(s) and
septic system(s)have been abandoned prior to the City Clerk signing the final plat.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
December 4, 2023, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the applications was presented to the Planning and Zoning
Commission by no one.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission made a motion based upon the information provided by
staff and the testimony provided. A summary of the deliberation can be found at the following link
(Granicus time:0057:20):
https://eagle-id.granicus.com/player/clip/1809?meta id=89118
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
The Commission voted 4 to 0 (McLaughlin absent)to recommend approval of A-02-23 and RZ-03-23 for
a rezone from RUT (Rural-Urban Transition — Ada County designation) to R-6-DA (Residential with a
development agreement [in lieu of a PUD]) with the conditions to be placed within a development
agreement as provided within their findings of fact and conclusions of law document,dated December 18,
2023.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 0(McLaughlin absent)to recommend approval of PP-03-23 for a preliminary
plat for Huntridge Subdivision with the site specific conditions of approval and standard conditions of
approval as provided within their findings of fact and conclusions of law document, dated September 5,
2023.
PUBLIC HEARING OF THE COUNCIL (Public Hearing AudioNideo Record — Granicus time
2:27:00)
A. A public hearing on the applications was held before the Eagle City Council on January 23, 2024, at
which time testimony was taken and the public hearing was closed. The Council made their decision
at that time.
B. Oral testimony in favor of the applications was presented to the City Council by no one(not including
the applicant/representative).
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C. Oral testimony in opposition to the applications was presented to the City Council by one (1)
individual who indicated the following concerns:
• The proposed density is too high for the area.
• The site does not have adequate parking.
• The applicant is requesting too many exceptions from Eagle City Code.
D. Oral testimony neither in favor of nor in opposition to the applications was provided to the City
Council by two(2)individuals who indicated the following:
• A concern with the proposed stub roads and the impact to irrigation access.
• A concern with the water and sewer stub outs which provide connections to the individuals
property.
• A concern with the potential runoff onto their property from the subject property.
• The proposed density seems too high.
• Will a center turn land within North Palmer Lane be required?
• They do not support a rental community.
• The development is not proposed with adequate open space.
• The proposed architecture is not in alignment with Eagle standards.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE:
The Council voted 4 to 0 to deny A-02-23 and RZ-03-23 for annexation and rezone from RUT (Rural-
Urban Transition—Ada County Designation) to R-6-DA (Residential with a development agreement [in
lieu of a PUD]).
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to deny PP-03-23 for a preliminary plat for Huntridge Subdivision. The
Council's vote is based on the denial of the annexation.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-02-23/RZ-03-23) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed rezone upon
annexation is not in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
Based upon the testimony received, the Council determined that they are not supportive of the
annexation since the proposed density is not compatible with the surrounding area and due to the
number of previously approved residential units which will be located within the immediate area in
the immediate future.
2. The Council reviewed the particular facts and circumstances of this proposed rezone with
development agreement(in lieu of a PUD)and preliminary plat(RZ-03-23/PP-03-23)and based upon
the information provided concludes that the application is not in accordance with the City of Eagle
Comprehensive Plan,Title 8 (Zoning), and Title 9(Subdivisions)because:
The remaining applications were dependent on annexation. Since the annexation was denied,the City
has no authority to grant the other applications since the property is not in the City.
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DATED this 13th day of February.
CITY COUNCIL
OF THE CITY OF EAGL
Ada County, Idaho
Brad Pike,Mayor
,,,,,,,,,,,,,,,,,,,,, I
AT ST: .� O F.
� ,,,,,,.. C� 0,0
Tracy E. Os`"", agle City Clerk _ * O a.
SEAL • *;
OF P-,.•`•
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