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Findings - PZ - 2025 - RZDA-2025-02 / CUP-2025-01 / PPUD-2025-01 / PP-2025-01 - Whitehurst Village Rezone, Conditional Use Permit, and Preliminary Development Plan and Preliminary PlatBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A REZONE FROM A-R [AGRICULTURAL RESIDENTIAL] TO R-1 [RESIDENTIAL] AND R-3-DA-P [RESIDENTIAL WITH A DEVELOPMENT AGREEMENT — PUD], CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT FOR WHITEHURST VILLAGE SUBDIVISION FOR EVANS DEVELOPMENT, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZDA-2025-02 / CUP-2025-01 / PPUD-2025-01 / PP-2025-01 The above -entitled rezone with a development agreement, conditional use permit, preliminary development plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on May 5, 2025, 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: Evans Development LLC, represented by Becky McKay with Engineering Solutions, is requesting rezone from A-R (Agricultural -Residential) to R-1 (Residential) and R-3-DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Whitehurst Village Subdivision, a 16-lot (11-buildable, 1-existing, 4-common) residential subdivision. The 5.97-acre site is located approximately 830-feet east of the intersection of North Park Lane and West Flint Drive, at 3660 West Flint Drive. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Eagle City Hall at 6:00 PM, on Wednesday, October 2, 2024, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on January 13, 2025. A revised narrative, revised preliminary plat, and revised street light map were received by the City on March 3, 2025. A revised landscape plan was received by the City on March 27, 2025. A revised narrative, preliminary plat, and legal description were received by the City on April 28, 2025. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on January 27, 2025, 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 April 20, 2025. 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 April 18, 2025. The site was posted in accordance with the Eagle City Code on April 24, 2025. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: No history of relevant previous actions. Page 1 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehurst Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx 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 Existing Neighborhood A-R (Agricultural- Single family residence, (Residential Transition Residential) vacant lot Overlay) Proposed No Change R-1 (Residential) and R-3- Single -Family Residential DA-P (Residential with a & Residential Planned development agreement — Unit Development PUD) North of site Neighborhood and R-E (Residential -Estates) Eagle High School, LDS Public/Semi-Public and PS (Public/Semi-Public) Seminary Building South of site Neighborhood MU-DA (Mixed Use with a Single -Family Residential development agreement) Subdivision (Flint Estates Subdivision) East of site Neighborhood A-R (Agricultural- Vacant lot Residential) West of site Mixed Use MU-DA (Mixed Use with a Single -Family Residential development agreement) Subdivision (Bellemeade Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: The site is located within the city-wide Design Review Overlay District. Page 2 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehurst Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx H. SITE DATA: Total Acreage of Site — 5.97 acres R-3-DA-P zone — 4.55 acres R-1 zone — 1.42 acres Total Number of Lots — 16 Total Number of Units — 12 Residential — 11-buildable, 1-existing Commercial — 0 Industrial — 0 Common — 4 Single-family — 11-buildable, 1-existing Single-family attached — 0 Two-family — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — none ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre R-3-DA-P: 2.42 du/ac 2.42 du/ac (as limited within the development agreement) R-1: 61,855 square feet R-1: 37,000 square feet Minimum Lot Size R-3-DA-P: 7,572 square feet* R-3: 10,000 square feet R-1: 265 feet R-1: 100 feet (minimum) Minimum Lot Width R-3-DA-P: 79 feet R-3: 75 feet (minimum) R-1: 265 feet R-1: 35 feet (minimum) Minimum Street Frontage R-3-DA-P: 61 feet R-3: 35 feet (minimum) Total Acreage of Common Area 1.25 acres 1.2 acres (minimum) Open Space Percent of Site as Common Area 27 5% 20% (minimum) Open Space Percent of Common Area Open 25.7% 15% (minimum) Space as Active Open Space * ECC Section 8-6-5-5(A) states that "All lots within the PUD shall comply with the minimum lot size in the underlying zone as established in section 8-2-4 of this title, except that a decrease in the minimum lot size may be allowed if there is an 'offsetting increase" of the same square footage in open space and a favorable finding is made by the council that the smaller lots are appropriately integrated into the overall design and that the building product type is compatible with the PUD and surrounding area." I. GENERAL SITE DESIGN FEATURES: Landscape Screening: Two landscaped common lots containing a fifty -foot (50') wide easement in favor of Drainage District No. 2 (Lots 1 and 15, Block 1), are proposed north of West Flint Drive (identified as a local street) on either side of North Calais Avenue. Lot 16, Block 1, has existing trees and shrubs along the property line abutting West Flint Drive. Page 3 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehursl Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx Open Space: The residential PUD, which excludes Lot 16, Block 1, includes four common lots which consist of landscaped open space at the subdivision's entrance, landscaped parkway, a community pathway, a covered seating area, and an open play area. Approximately 0.33 acres (25.7%) of the proposed open space is active open space as defined by Eagle City Code Section 9-1-6. The Parks, Pathways, and Recreation Commission (PPRC) has reviewed the proposed pathways and provided a recommendation (see attached PPRC Action Report, dated March 26, 2025). 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. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On -site Septic System I Individual Well: The existing dwelling located on Lot 16, Block 1, is served by an individual well and septic system. The septic system is proposed to be abandoned. Central sewer will be provided to the existing dwelling. Pressurized Irrigation: The applicant provided a preliminary irrigation report for Whitehurst Village Subdivision, date stamped by the City on January 13, 2025 (attached to staff report). The applicant will be required to install pressurized irrigation. Preservation of Existing Natural Features: The site contains mature trees located along the western property line and at the northeast corner of the property. The existing trees will be maintained at their current locations. 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. STREET DESIGN: Public Streets: Public streets are to be designed and constructed as required pursuant to the ACHD staff report, date stamped by the City on January 29, 2025 (attached to staff report). Blocks Less Than 500': No blocks less than 500' are proposed. Page 4 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehmt Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx K. Cul-de-sac Design: West Wrexham Court: One (1) cul-de-sac is proposed: Approximately 680-feet in length with a 50-foot radius. Sidewalks: The revised preliminary plat, date stamped by the City on April 28, 2025, shows five -foot -wide detached sidewalks with an eight -foot -wide landscaped parkway on both sides of North Calais Avenue and West Wrexham Court. Five -foot -wide detached sidewalks with a ten -foot -wide parkway are proposed on the north side of West Flint Drive. 3 t E P E q I i Q 7.5' ASWDC ROM DO 4' OF 3/C W15 MMD WAR O P EOttEN M qD QMR Q Ptr — — Q 5' cOMCALIE Soma Q owwrw srANEE Smvm nPICAL LOCK MET SECTION - W R W4W-WAY r MKM CM - Kffi N ■REMAu N 1.S Q 24. often PNOW .- oQ rtr MA awa © 24- ASED(BSMav w pp a' VUWA an AID WTTER Q OG FIRM STARE ssaAOE (3011 ACHD SIOYMFOFIr OEM QMUM) Q 4' a 3/4' MAW CNN GAw¢ Q r CWOFrE 3KW$ W. FUNT DINE - W NNNIT-OF-WAY M VERMK CMt -!MALE - RETAM NIS Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Street Names: Approval of all street names by the Ada County Street Naming Committee is required prior to the submittal of a final plat application. ON AND OFF -SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: See Parks, Pathways, and Recreation Commission's Action Report, dated March 26, 2025 (attached Page 5 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehurst Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx to staff report). L. PUBLIC USES PROPOSED: No public uses are proposed. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. N. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: Potable water will be provided by Veolia Water Company and central sewer will be provided by Eagle Sewer District. The property will receive fire protection from the Eagle Fire Department and police protection from the Eagle Police Department. O. SPECIAL ON -SITE FEATURES: Areas of Critical Environmental Concern — No Evidence of Erosion — No Fish Habitat — No Floodplain — No Mature Trees — Yes — Located along the western and northern property lines. Riparian Vegetation — No Steep Slopes — No Stream/Creek — No Unique Animal Life — No Unique Plant Life — No Unstable Soils — No Wildlife Habitat — No P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: See Whitehurst Village Subdivision Natural Features Analysis, date stamped by the City on January 13, 2025 (attached to staff report). Q. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report: ACHD Central District Health Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Transportation Department City Engineer: All comments within the Engineer's letter dated April 23, 2025, are of special concern (attached to staff report). R. RESPONSE FROM THE EAGLE PARKS, PATHWAYS, AND RECREATION COMMISSION: All comments within the Parks, Pathways, and Recreation Commission action report dated March 26, 2025, are of special concern (attached to staff report). S. LETTERS FROM THE PUBLIC: No letters from the public have been received to date. T. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to construct the subdivision in one (1) phase beginning in 2026. Page 6 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehurst Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx U. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT, PRELIMINARY DEVELOPMENT PLAN, AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 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 cases 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. Page 7 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehurst Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx 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: Chapter 6 — Land Use 6.3 Land Use Designation The Comprehensive Land Use Map (adopted November 15, 2017), designated this site as the following: Neighborhood Residential Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. Residential Transition Overlay Residential development that provides for a transition between land use categories and uses. Commonly requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project. Base densities may be reduced or units may be clustered to increase open space within a portion of a site when property is in this overlay. Neighborhood design will be paramount in this overlay to ensure appropriate transition between uses. See specific planning areas for further description. Scenic Corridor An overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. This designation includes the Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration, regional trails and connectivity. 6.5 Park Lane Planning Area The Park Lane Planning Area is designated as mixed use combining community commercial, professional office, and a variety of residential densities. The vision for the area is to formalize an activity center by Eagle High School and the existing residential development in the area. The goal is to establish a neighborhood center/node with pedestrian scale design and access to the future transit along State Highway 44. The following land use and development policies are specific to the Park Lane Planning Area. 6.5.1 Park Lane Uses A. Flint Drive shall be preserved primarily as a residential street. D. The land use for the properties north of Flint Drive and extending north to Floating Feather Road, east of Eagle High School, is Neighborhood Residential with a Residential Transition Overlay. Development in this area should be designed to ensure compatible residential lot sizing (I-acrelots) adjacent to the Colony Subdivision and transition to a density of up to 3 per acre near the high school. The overall density of the area should not exceed 2 units per acre. Page 8 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehmt Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 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. P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., R-4-P), indicates that the development was approved by the city as a planned unit development. Density transfers may have been permitted as a part of the overall development. DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., C-2-DA), indicates that the zoning was approved by the city with a development agreement. Specific provisions, as may have been incorporated within the development agreement, are applicable to development within this zoning designation. • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations Minimum Yard Setbacks Minimum Note Conditions A To E* Maximum Lot Area Lot (Acres Or Minimum Zoning Maximum Interior Street Covered F Square Lot District Height Front Rear Side Side And J* Feet) H* Width I* R-1 35' 30' 30' 15' 30' 35% 37,000 100' 40% 10,000 75' B. Except for single-family attached dwellings, an additional 5 feet per story side setback is required for multi -story structures. Height not to exceed maximum allowed within the zone. G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. I. Minimum lot frontage: The minimum lot frontage for all residential zoning districts shall be the minimum lot width specified within the zoning district or 35-feet, whichever is less. Page 9 of 26 KAPlanning Depl\Eagle Applications\Subdivisions\Whitehursl Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx • Eagle City Code Section 8-6-5-5: Arrangement of Residential Units: To encourage land use plans to be submitted as a planned unit development (PUD) so as to provide an enhanced integration of open space and a variety of housing options, the following design criteria shall be considered by the city: A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as established in section 8-2-4 of this title, except that a decrease in the minimum lot size may be allowed if there is an "offsetting increase" of the same square footage in open space and a favorable finding is made by the council that the smaller lots are appropriately integrated into the overall design and that the building product type is compatible with the PUD and surrounding area. As an incentive to submit a PUD versus a standard subdivision, the initial starting point for minimum open space, prior to any "offsetting increase" being added, shall be the area that is equal to ten percent (10%) of the site. This allowance shall only be permitted under the following criteria: l . The total common area open space shall be equal to or greater than twenty percent (20%), inclusive of the "offsetting increase" square footage. 2. A favorable finding by the council must be obtained assuring that character, identity and architectural and siting variation are incorporated into the development and that these factors make up a substantial contribution to the objectives of the PUD. These design elements are as follows: a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas; b. Siting, visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping (such as clustering); and c. Design features, street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features and varied use of housing types. 3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under section 8-2-4 of this title. C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-1-6: Rules and Definitions OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic fields, buildings or structures for recreational activities including picnic areas, community garden, courses or courts, children's play area, dog play area, and pathways, excluding passive open space areas. Landscape buffer areas not required pursuant to subsection 8-2A-7J of this code may be considered, in part, as active open space provided a pathway or other active amenity is located within and incorporated into the buffer area. Up to fifteen percent (15%) of the total area of water bodies (i.e., ponds) within a development may be considered active open space provided there is a finding that the ponds employ active recreation capabilities such as fishing, rafting, canoeing, and the like. • Eagle City Code Section 9-3-2-1: Streets and Alleys: Location and Design G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet (750') in length and shall terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet Page 10 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehursl Village\Whitehmt Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx Q (10'). A minimum of forty feet (40') of pavement shall be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the face of curb located on the outside edge of the street. One traffic control sign stating that on street parking is prohibited within the turnaround shall be installed at the entrance of the turnaround on the driver's side of the street. • 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, unless the fence is located on the property line between the required roadway buffer area and the residential lot, in which case the fence may be a solid wood picture frame or premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed so that the fence is visible from the adjacent roadway, then the fence shall include decorative columns spaced a maximum of sixty feet (60') apart. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain link, 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. a Eagle City Code Section 9-4-1-9: Underground Utilities Underground utilities are required. DISCUSSION (based on the applicant's revised narrative, date stamped by the City on April 28, 2025): • The subject property is noted as Lot 3, Block 1, of the Amended Plat of Flint Estates. The lot was illegally divided in 2015 when the existing home was sold to its previous owners. The existing home has been included in the plat as Lot 16, Block 1, of Whitehurst Village Subdivision to create a legal lot consisting of 1.42 acres. The existing property in Lot 16, Block 1, is included in the subdivision but is not included as part of the PUD or the development agreement associated with Whitehurst Village. • Through the approval of a conditional use permit through the PUD, the applicant may request to modify the design standards established in city code. The City Council has the discretion to evaluate the unique design and site characteristics of the proposed PUD, along with the requested deviations from city code, as summarized below: o The following setbacks are identified for single-family dwellings in the R-3 zone, pursuant to Eagle City Code Section 8-2-4: Front Rear Interior Side Street Side Maximum Lot Coverage 30 feet 25 feet 7.5 feet (first story), 20 feet 40% +5 feet (each additional story) *A single-family dwelling that utilizes a side entry garage is permitted to have a 5-foot reduction in the minimum required front yard setback provided that the distance is no less than 20-feet within the R-3 zoning district. *All front load garages shall be setback a minimum of 25-feet from the back of sidewalk. Page 11 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehurst Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx The applicant has requested the following setbacks for the R-3-DA-P zone: Front 20 feet (front living area and side entry garage) 25 feet (front load garage) Rear 20 feet Interior Side 7.5 feet (first story), +5 feet (each additional story) Street Side 20 feet Maximum Lot Coverage 40% o Lot 16, Block 1 (proposed to be zoned R-1) contains an existing dwelling and has a shop and two (2) sheds which do not meet the required side and rear setbacks of the R-1 zone. One existing shed (approximately 288 square feet) on the northern side of the lot is eight (8) feet from the rear lot line, and the existing shop (approximately 1,120 square -feet) is twenty-four (24) feet from the rear lot line, which does not comply with the required thirty- foot rear setback in the R-1 zone. Another shed (approximately 238 square feet) is located along the western lot line and does not comply with the required fifteen -foot side setback in the R-1 zone. The structures were existing when the current homeowners purchased the property. The applicant is requesting a waiver of the required side and rear setbacks within Lot 16, Block 1, to allow the existing accessory structures to encroach into the setbacks. Should the City Council approve the request, the accessory structures located in Lot 16, Block 1, would be allowed to remain at their current locations. Should the accessory structures be removed or replaced, any new structures should comply with the setback requirements for the R-1 zone pursuant to Eagle City Code Section 8-2-4. o The applicant is requesting a R-1 (Residential) and R-3-DA-P (Residential with a development agreement — PUD) zoning designation. Pursuant to Eagle City Code Section 8-2-4, the minimum residential lot size within the R-3 zone is 10,000 square feet. The applicant is proposing a minimum lot size of 7,572 square feet. Pursuant to Eagle City Code Section 8-6-5-5(A), "a decrease in the minimum lot size may be allowed if there is an "offsetting increase" of the same square footage in open space and a favorable finding is made by the council that the smaller lots are appropriately integrated into the overall design and that the building product type is compatible with the PUD and surrounding area." Additionally, Eagle City Code Section 8-6-5-5(A) states that the initial starting point for minimum open space, prior to any "offsetting increase" being added, shall be the area that is equal to ten percent (10%) of the site. 10% of the proposed site is 0.46-acres, or 19,819.8 square feet. Based on the number of lots below the minimum lot size required in the R-3 zone, 16,683 square feet (0.38 acres) of offsetting increase is required. The initial starting point required for open space (0.46 acres) with the addition of the required offsetting increase (0.38 acres) results in a sum of 0.84 acres, or 18.5% of the site (excluding Lot 16, Block 1). The applicant has proposed 1.25 acres of open space, or 27.5% of the site (excluding Lot 16, Block 1), and Eagle City Code Section 8-6-5-5(A)(1) states that "The total common area open space shall be equal to or greater than twenty percent (20%), inclusive of the `offsetting increase' square footage." Pursuant to Eagle City Code Section 8-6-5-5(A), a favorable finding must be made by the council that the smaller lots are appropriately integrated into the overall design and that the building product type is compatible with the PUD and surrounding area. Page 12 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehurst Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx o Lot 16, Block 1, is presently surrounded by a wooden privacy fence. The current homeowners have requested the existing fence be replaced with a composite privacy fence to match the fencing proposed within the subdivision. Lot 16, Block 1, borders a common lot along the northern lot line and partially borders a common lot along the western lot line. The applicant is requesting a waiver of Eagle City Code Section 9-3-10 for Lot 16, Block 1, to waive the requirement of open style fencing adjacent to common lots in order to maintain the privacy the current homeowners are accustomed to. Open -style fencing is proposed adjacent to all other common lots within the subdivision. If the City Council approves the requested waiver, the applicant should be permitted to construct composite privacy fencing around the perimeter of Lot 16, Block 1. Open -style fencing should be required where all other lots abut common lots. o The applicant is requesting a waiver of Eagle City Code Section 9-3-2-1(G), which requires a landscaped island with a minimum radius of ten feet within cul-de-sac streets, for the cul- de-sac at the terminus of West Wrexham Court. Because the property is an infill parcel, the applicant has stated that there is limited width for a cul-de-sac, and a standard cul-de- sac without an island meets the requirement to have a turnaround that complies with ACHD's standards while still considering the shape and size of the property. Unless otherwise conditioned to require the landscape island within the cul-de-sac, the applicant should be permitted to construct the cul-de-sac at West Wrexham Court without the landscape island. • The existing dwelling is currently served by an individual septic system. The dwelling will be connecting to central sewer and central water and the septic system will be decommissioned. The applicant should be required to provide documentation indicating the existing septic system has been abandoned prior to the City Clerk signing the final plat. The existing dwelling is also served by an individual well. The current homeowners are requesting to retain the well for irrigation purposes. The applicant should be required to obtain the necessary permits from IDWR reclassifying the well in Lot 16, Block 1, from a domestic well to an irrigation well and provide the city with documentation prior to the City Clerk signing the final plat. The Eagle Parks, Pathways and Recreation Commission (PPRC) reviewed the proposed pathways and amenities associated with the development. The City provided an action letter dated March 26, 2025, with the PPRC's recommendations. The applicant should be required to comply with the site -specific conditions as outlined in the letter and incorporated into the site - specific conditions of approval herein. The required pathways and amenities should be completed 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 May 5, 2025, 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 application was presented to the Planning and Zoning Commission by no one (not including the applicant/owner/representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by no one. Page 13 of 26 K:\Planning Dept\Eagle Applications\Subdivisions\Whitehursl Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx COMMISSION DELIBERATION: Upon closing the public hearing, the Commission made a motion based upon the information provided by staff and the testimony received. A summary of the deliberation can be found at the following link (Granicus time: 00:30:45): https://ea�,,le-id.�,yi-anicus.coni/player/clip/2071`)vlew_id=1&redirect=true COMMISSION DECISION REGARDING THE REZONE: The Commission voted 3 to 0 (McCauley and Oland absent) to recommend approval of RZDA-2025-02 for a rezone from A-R (Agricultural -Residential) to R-1 (Residential) and from A-R (Agricultural -Residential) to R-3-DA-P (Residential with a development agreement — PUD) and with the following staff recommended conditions to be placed within a development agreement: 3.1 The maximum density for the Property shall be 2.42 dwelling units per acre (11 single-family detached 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. 3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.4 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, fences shown, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified and that the homeowners association or other entity cannot be dissolved without the express consent of the City. (b) A requirement for all fencing to be installed as shown on the Fencing Plan (Exhibit D). All other fencing (i.e. dog-eared cedar fencing, chainlink) shall be prohibited. (c) A maintenance manual for the streetlight(s) requiring that the association shall have the duty to maintain and operate the light fixtures including the repair and replacement of the fixture, any associated electrical supply, and light bulbs, in perpetuity. (d) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. (e) Owner shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Whitehurst Village Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat. Page 14 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehurst Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and ZoningNO2-P&Z Packet\Whitehurst Village pz findings.docx COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT: The Commission voted 3 to 0 (McCauley and Oland absent) to recommend approval of CUP-2025-01, PPUD-2025-01, and PP-2025-01 for a conditional use permit, preliminary development plan, and preliminary plat for Whitehurst Village Subdivision with the following staff recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZDA-2025-01. 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. (ECC 9-2-3 [C] [3] [1]) 4. 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 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. 5. 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. (ECC 8-2A-7[E] and ECC 8-2A-18) 6. 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. (ECC 9- 4-1-2) 7. 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 (excluding Lot 16, Block 1). Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7 (J). 8. The Whitehurst Village Subdivision shall remain under the control of one Homeowner's Association (excluding Lot 16, Block 1). (ECC 9-3-8[D][4]) 9. The applicant shall place a note on the final plat stating that the pressurized irrigation system and all Page 15 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehurst Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx common lots are to be owned and maintained by the Homeowner's Association. 10. The applicant shall provide CC&Rs stating that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system and all common landscape areas in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][1]) 11. 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. 12. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of a final development plan and final plat application. 13. The owner, together with the City of Eagle, shall execute a Conservation and Education Program (CEP) Funding Plan. The Funding Plan shall be included as a separate, independent Assessment within the Covenants, Conditions, and Restrictions (CC&Rs) associated with Whitehurst Village Subdivision and shall require the Homeowner's Association to collect $5.00 per lot, per month. The CC&Rs shall clearly define the CEP assessment within the Assessments section of the CC&Rs, state that any amendment to this Declaration removing or changing the CEP Assessment in any way must also be approved in writing by the City of Eagle within the "Terms and Amendments" section of the CC&Rs, acknowledge that the development of the Project has contributed to the reduction of natural habitat and open space, and that the purpose of the CEP Assessment is to promote the recreation, health, safety, and welfare of the Members by funding conservation and/or management of natural or cultural resources, or conservation -based education and outreach programs. Funds collected from the CEP Assessment shall be delivered to the City of Eagle annually and deposited in a dedicated fund exclusively for the Conservation Education Program and as approved by the City Council. The CEP Funding Plan shall be executed by the Owner and the City prior to the City Clerk signing the final plat. (ECC 8-6-7[B]) 14. The setbacks for Whitehurst Village Subdivision shall be as follows (excluding Lot 16, Block 1): R-3-DA-P (Residential with development agreement - PUD) zoned area: Front 20 feet (living and side entry garage) 25 feet (front load garage) Rear 20 feet Interior Side 7.5 feet (first story), +5 feet (each additional story) Street Side 20 feet Maximum Lot Coverage 40% The setbacks for Lot 16, Block 1, shall be the setbacks for the R-1 zone identified in Eagle City Code Section 8-2-4. 15. The accessory structures located on Lot 16, Block 1, shall be allowed to remain at their current locations. Should the accessory structures be removed or replaced, any new structures shall comply with the setback requirements for the R-1 zone identified in Eagle City Code Section 8-2-4. 16. The applicant shall be permitted to construct composite privacy fencing around the perimeter of Lot 16, Block 1. Open -style fencing shall be required where all other lots abut common lots. Page 16 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehurst Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and ZoningNO2-P&Z Packet\Whitehurst Village pz findings.docx 17. The applicant shall be permitted to construct the cul-de-sac at West Wrexham Court without the landscape island, and the cul-de-sac shall be required to have a radius of fifty feet (50') to comply with ACHD standards. 18. The applicant shall be required to provide documentation indicating the existing septic system on Lot 16, Block 1, has been abandoned prior to the City Clerk signing the final plat. 19. The existing dwelling located on Lot 16, Block 1, shall be connected to central water (Veolia Water) and central sewer (Eagle Sewer District) prior to the City Clerk signing the final plat. 20. Pressurized irrigation shall be provided to Lot 16, Block 1, prior to the City Clerk signing the final plat. 21. The applicant shall be required to obtain the necessary permits from IDWR reclassifying the well in Lot 16, Block 1, from a domestic well to an irrigation well and provide the city with documentation prior to the City Clerk signing the final plat. The following conditions of approval reflect the recommendation made by the City of Eagle Parks, Pathways, and Recreation Commission at the meeting on March 20, 2025: 22. For all alignments in EXHIBIT A shown as 6' W Neighborhood Pathway, the developer shall provide a six-foot (6') wide concrete pathway built to approved City standards, at a minimum. 23. For all alignments in EXHIBIT A shown as 8' W Community Pathway, the developer shall provide an eight -foot (8') wide concrete pathway built to approved City standards, at a minimum. 24. The developer shall provide public access easements in favor of the City of Eagle for all alignments in EXHIBIT A shown as 8' W Community Pathway. Public use shall be limited to the pathway tread and connecting facilities and equipment intended for pathway users which may include, but are not limited to, benches, drinking water sources, dog bag dispensers/waste receptacles, and bike repair stations. 25. For all alignments in EXHIBIT A shown as 5' W Concrete Sidewalk, the developer shall provide sidewalks that comply with ACHD requirements. The location and type of sidewalk (attached or detached) shall be determined at the time of subdivision plat approval. 26. The developer shall provide dog waste bag dispensers/waste receptacles (at locations agreed upon by City staff in writing) at the time of a design review application submittal. 27. Curb ramps shall be provided where sidewalks and pathways meet streets, alleys, or other curb cuts, or where they are permitted by ACHD. 28. The intersections of pathways, sidewalks, and trails shall have a minimum radius of eight feet (8') to eliminate sharp turns or blind corners. 29. Public trails and pathways that are anticipated to connect to an adjacent trail or pathway in the future shall employ a cul-de-sac design at its terminus, as is described in detail in the CITY OF EAGLE TRAIL AND PATHWAY DESIGN AND CONSTRUCTION STANDARDS. The public access easement shall extend to the parcel boundary and allow possible connection to adjacent development and allow the City, or City authorized parties, and adjacent developers, to make alterations within the easement. Such alterations to elements include, but are not limited to, connection to other trails and pathways, landscaping, fencing, irrigation equipment, and signage. 30. If trails or pathways are to be maintained by the City, the developer shall provide maintenance access easements 25-feet in width in favor of the City of Eagle, with a minimum four -foot (4') margin on each side of the pathway tread within any part of the easement where possible for all alignments shown as "REGIONAL" and "COMMUNITY". These easements shall not limit the developer in landscape design beyond the standards established in the trail and pathway standards and Title 9. Page 17 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehurst Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx Staging and vehicle access locations shall be determined and included in the maintenance agreement and related easements. 31. Easement provision language shall include the following: "The City of Eagle may construct, connect, or continue within these easements, public pathways as part of future system expansion, and may authorize staff, contractors, or neighboring developers to facilitate such improvements within these easements from any boundary to another public pathway easement or easements, or to parcels included in any public access agreement." 32. The developer shall be permitted to obtain easements for pathway and/or trail construction that is outside of the current project footprint as long as the integrity of the existing pathway and trail network would not be compromised by any proposed additions and necessary realignments, as is determined by City staff. 33. Public access easement agreements and an associated survey (that depicts the location of each pathway or trail located within the easement) shall be submitted to the City prior to the City Clerk signing the final plat associated with the first phase of the development. 34. Pathways and trails shall be constructed and a survey (that depicts the location of each pathway or trail located within the easement) shall be submitted to the City prior to the City Clerk signing the final plat for each phase of development. 35. Unless pathways are to be maintained by the City, the developer and future homeowner's association shall provide maintenance of all pathways in perpetuity. 36. Within all public access easements, the City shall reserve the right to display signage similar to what is shown in Exhibit C below. 37. Maintenance vehicle access (for City maintained trails) is to be provided. Design to be approved by the City in writing prior to the beginning of construction of that portion of the trail. 38. Hammerheads (for maintenance vehicle turnaround) shall be provided for all City maintained trails where only one access is available or where a trail terminates without access to a public roadway. 39. Material staging areas for large maintenance projects shall be designed and documented, and available for use within 30-days of written notice provided by the City, for any pathway that will be maintained by the City. 40. Signage, including the physical form, materials, placement, and message, that the developer or HOA wishes to display within public access easement(s) must be approved in writing by the City. 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. Department of Environmental Quality approval of the sewer and water facilities is required prior Page 18 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehurst Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118). 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. 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. 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. 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 Page 19 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehurst Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx 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. 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. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 15. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. C. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision -making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle Page 20 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehunt Village\Whitehmt Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx 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 Eagle City Parks, Pathways, and Recreation Commission for a path or walkway shall be approved in writing by the Eagle City Parks, Pathways, and Recreation Commission prior to approval of the final plat by the City Council. 21. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. 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 Page 21 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehurst Village\Whitehmt Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 31. In accordance with Eagle City Code, if a final plat application is not filed within two (2) years following City Council approval the preliminary plat application shall be null and void, unless a time extension is granted by the City Council. 32. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 33. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 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, machinery, or equipment weighing 8,000 pounds or more, as measured by the Gross Vehicle Weight Rating (GVWR). The submitted plan shall: ■ Graphically show all proposed designated route(s) in which heavy truck traffic is permitted to utilize. ■ State the days and hours in which heavy truck traffic is permitted to utilize the designated route(s). ■ Maximize the use of highways and principal arterials while minimizing the use of local residential streets. ■ State that compression braking is prohibited everywhere in Ada County. ■ Include certification that the Owner understands that they are responsible for continually communicating the approved plan to all sub -contractors and for monitoring compliance. A Heavy Truck Traffic Plan that corresponds with each phase of development shall be submitted at the time of the submittal of a final plat application. 38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and approved by staff prior to the issuance of a "Notice to Proceed" with construction letter. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZDA-2025- 02) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designations of R-1 (Residential) and R-3-DA-P (Residential with a development agreement — PUD) are consistent with the Neighborhood designation as shown on the Comprehensive Plan Land Use Map because the proposed density and use is in conformance with the principles identified for the Neighborhood designation in the comprehensive plan; Page 22 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehmt Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed R-1 (Residential) and R-3-DA-P (Residential with a development agreement — PUD) zoning districts are compatible with the PS (Public/Semipublic) zone and land use and R-E (Residential -Estates) zone and land use to the north since single family residential is compatible with single family residential and a school; d. The proposed R-1 (Residential) and R-3-DA-P (Residential with a development agreement — PUD) zoning districts are compatible with the MU-DA (Mixed Use with a development agreement) zone and land use to the south since that area has been developed with both single family attached and single family detached uses; e. The proposed R-1 (Residential) and R-3-DA-P (Residential with a development agreement — PUD) zoning districts are compatible with the A-R (Agricultural -Residential) zone and land use to the east since that area is designated as Neighborhood in the Comprehensive Plan, contains pasture land and a single family residence, and may be developed in a similar manner in the future; f. The proposed R-1 (Residential) and R-3-DA-P (Residential with a development agreement — PUD) zoning districts are compatible with the MU-DA (Mixed Use with a development agreement) zone and land use to the west since that area has been developed with both single family attached and single family detached uses; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. No nonconforming uses will be created with this rezone. 2. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CUP-2025-01/PPUD-2025-01/PP-2025- 01) and based upon the information provided concludes that the application is in accordance with the City of Eagle Title 9 (Subdivisions) because: a. 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. The intent of the applicant is to provide a small infill development with quality housing and neighborhood amenities. b. 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. Whitehurst Village Subdivision is designed to be compatible with the density of the area and is intended to be complimentary of the surrounding developments, providing lots of comparable and larger sizes. c. The development will not be hazardous or disturbing to existing or future neighborhood uses. Whitehurst Village Subdivision will consist of residential uses only, and the proposed use is determined to be compatible with existing uses. d. 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 to consist of residential uses only and it is not anticipated that any uses or activities will be detrimental to surrounding properties. Page 23 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehurst Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx e. 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. The site will be served by Eagle Sewer District and Veolia Water, and letters have been provided by ACHD, Central District Health, Eagle Fire Department. Development of sewer, water, drainage, streets. Other services will be provided at the developer's expense. f. 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 sewer, water, or highway district. g. 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 has been designed with consideration given to open space and amenities proportionate to the scope of the development. h. The vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. Access to the development will be from West Flint Drive. The street approach aligns with the approach on the south side of West Flint Drive. The design and construction of the roadways and entrances is guided by the Ada County Highway District. i. The development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The applicant has provided a natural features analysis of the site and will be maintaining existing mature trees at the site. j. The proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. The proposed development is in accordance with the Neighborhood designation within the comprehensive plan, which speaks to densities ranging from two to four units per acre, and the development is proposed with a density of 2.01 units per acre. The site is located within the Park Lane Planning Area as identified within the comprehensive plan, which designates West Flint Drive as a residential street. k. 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. The applicant has requested approval for a rezone with a development agreement and a preliminary development plan as outlined in Eagle City Code and satisfies those requirements, and will be required to meet the requirements as conditioned herein. Additionally, the applicant will be required to submit an application for design review and comply with all relevant provisions of Eagle City Code and conditions of approval. 1. 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. Single-family residential is the only use approved for this development. In case of large scale development (incorporating eleven (II) or more lots or dwelling units): in. 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. Page 24 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehmt Village\Whitehu st Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx The public services that would be provided to the development include the following: Fire Protection Fire protection will be provided by the Eagle Fire Department. Police Protection Police protection will be provided by the Eagle Police Department. Water Service This project is located within the Veolia Water service area. Sewer The site will be served by the Eagle Sewer District. Prior to the developer installing the required sewer infrastructure, the developer will be required to comply with the District's requirements. Road Construction The construction of all streets within the development will be completed by the developer. Upon completion, the streets will be dedicated to the Ada County Highway District. Open Space The site is proposed with 27.5% open space, consisting of landscaped common area, open play area, covered seating, and landscaped parkway. Maintenance The road, sewer, and water infrastructure will be owned and maintained by the respective agencies. Schools The site is located within the West Ada School District boundary. Solid Waste Collection Solid waste collection will be provided by Hardin Sanitation Service through a contract with the City of Eagle. n. An estimate of the public service costs to provide adequate service to the development has been provided by the developer. o. An estimate of the tax revenue that will be generated from the development has been provided by the developer. p. 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 be completed by the developer at no cost to the public. Page 25 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehunt Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx DATED this 19th day of May, 2025. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Trent Wright, Chain t'_ AT EST: o` OF G • OR' Tracy E. , Eagle City Clerk SEAL '•'l `� O OF ln�.•''� fill�t� Page 26 of 26 KAPlanning Dept\Eagle Applications\Subdivisions\Whitehurst Village\Whitehurst Village Subdivision\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Whitehurst Village pz findings.docx