Findings - PZ - 2019 - RZ-10-07 MOD/CU-119/PPUD-01-19 & PP-01-19 - Rezone, Cup/Ppud/Pp, W Floating Feather/PalmerBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION, CONDITIONAL USE
PERMIT, PRELIMINARY DEVELOPMENT
PLAN, AND PRELIMINARY PLAT FOR
BELVOIR ESTATES SUBDIVISION FOR
TOLL SOUTHWEST, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-1O07 MOD/CU419IPPUD-01-19 AND PP -01-19
The above -entitled development agreement modification, conditional use permit, preliminary development
plan and preliminary plat applications came before the Eagle Planning and Zoning Commission for their
recommendation on August 5, 2019, 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:
Toll Southwest, LLC, represented by Becky McKay with Engineering Solutions, is requesting a
development agreement modification, conditional use permit, preliminary development plan, and
preliminary plat approvals for Belvoir Estates Subdivision, a 979 -lot (913 -residential, 64 -common
[inclusive of 56 open space, 2 -common driveways, and 6 -private streets], 1 -park site, and 1 -
elementary school site) residential planned unit development. The 372.30 -acre site is located at the
southeast corner of West Beacon Light Road and North Palmer Lane between West Beacon Light
Road and West Floating Feather Road. A portion of the property is located on the west side of
North Palmer Lane at the northwest corner of West Floating Feather Road and North Palmer Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall (City Council Chambers) at 6:00 PM, on
Monday, September 24, 2018, 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 22, 2019.
A revised preliminary plat/PUD, narrative, and irrigation analysis were received by the City on
March 12, 2019. A second revised preliminary plat/PUD was received by the City of Eagle on
April 11, 2019.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on July 19, 2019. Notice of this public hearing was mailed to property owners within
three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title
67, Chapter 65, Idaho Code and Eagle City Code on July 15, 2019. Requests for agencies'
reviews were transmitted on February 1, 2019, in accordance with the requirements of the Eagle
City Code. The site was posted in accordance with the Eagle City Code on July 12, 2019.
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D. HISTORY OF RELEVANI' PREVIOUS ACTIONS:
On September 11, 2007, the City Council approved an annexation and rezone from RUT (Rural -
Urban Transition — Ada County designation) to MU -DA (Mixed Use with a development
agreement), R -2 -DA (Residential with a development agreement), and R -4 -DA (Residential with a
development agreement) for Hormaechea LTD Partnership.
On December 13, 2007, the executed development agreement associated with the rezone was
recorded (Ada County instrument #107164794).
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 Village and
Community Center,
Compact Residential,
and Neighborhood
Residential
Proposed
North of site
South of site
East of site
West of site
No Change
Village and
Community Center,
Compact Residential,
and Large Lot
Residential
Neighborhood
Residential
Neighborhood
Residential
Village and
Community Center,
Compact Residential,
and Neighborhood
Residential
MU -DA (Mixed Use with Vacant property and
a development Agriculture
agreement), R -2 -DA
(Residential with a
development agreement)
and R -4 -DA (Residential
with a development
agreement)
No Change
RUT (Rural -Urban
Transition — Ada County
designation) and R1
(Estate Residential — Ada
County designation)
R -2 -DA -P (Residential
with a development
agreement — PUD)
RUT (Rural -Urban
Transition — Ada County
designation) and R -2 -
DA -P (Residential with a
development agreement —
PUD)
RUT (Rural -Urban
Transition — Ada County
designation) and R -2 -
DA -P (Residential with a
development agreement —
PUD)
Single -Family, Residential
Planned Unit Development
Agriculture and Single -
Family Residences
Proposed Legacy
Development
Vacant property,
Agriculture, Single-family
dwellings, and Tannebaum
Subdivision
Vacant property,
Agriculture, and Proposed
Legacy Development
G. DESIGN REVIhW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
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H. SilE DATA:
Total Acreage of Site — 372.30 -acres
Total Number of Lots — 979
Total Number of Units — 913
Residential — 913
Commercial — 0
Industrial — 0
Common — 64 (56 -open space, 2 -common driveways, and 6 -
private streets)
Public — 2 (West Ada School District lot and City of Eagle park
lot)
Single-family — 913
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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Additional Site Data Proposed
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
Open Space
Percent of Site as Common Area
Open Space
2.52 -dwelling units per acre
(not inclusive of the proposed
school site)
5,600 square feet (MU)
5,775 square feet (R-4)
6,215 square feet (R-2)
The average lot size within
each zoning designation is as
follows:
7,234 square feet (MU)
9,356 square feet (R-4)
12,060 square feet (R-2)
55 -feet (MU)
77 -feet (R-4)
55 -feet (R-2)
0 -feet (4 -lots located within
the "Active Adult Living"
area)
96.66 -acres
25.9% (with the 12.09 -acre
park site)
22.7% (without the 12.09 -acre
park site)
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KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2019\Belvoir Estates Sub pzfdoc
Required
4.9 -dwelling units per acre
(pursuant to the executed
development agreement)
5,000 square feet (MU)
8,000 square feet (R-4)
17,000 square feet (R-2)
Except that a decrease of
minimum lot size in a
subdivision may be
allowed if there is an
offsetting increase of the
same percentage in open
space and a planned unit
development is applied for
and approved) — pursuant
to ECC Section 8-6-6-5
(A). The offsetting
increase of the required
percentage in open space
has been provided.
50 -feet (minimum) (MU)
70 -feet (minimum) (R-4)
75 -feet (minimum) (R-2)
35 -feet (when located
adjacent to a public or
private street)
74.46 -acres (minimum)
20%
Except that, according to
ECC Section 9-3-8 (C) the
City may require
additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 50 or
more lots.
I. GENERAL Sri DESIGN FEATURES:
Landscape Screening:
The applicant is proposing 60 -foot wide landscaped buffer along West Beacon Light Road, a 50 -
foot wide landscaped buffer along West Floating Feather Road, and a 35 -foot wide landscaped
buffer along each side of North Palmer Lane adjacent to the development. The proposed widths of
the landscaped buffer areas are in conformance with Eagle City Code Section 8 -2A -7(J)(4).
Open Space:
A total of 96.66 -acres (25.9%) of open space is proposed within the residential subdivision. The
common area open space within the development area located on the east side of North Palmer
Lane is inclusive of a 12.09 -acre park site, 9 -acre community central park area with a pool facility,
parking area, playground equipment, and pathways. The site also contains two tot lots located
within the northern and southern areas of the development and an extensive sidewalk and pathway
network consisting of approximately 5 -miles of pedestrian facilities.
The "Active Adult Living" area located on the west side of North Palmer Lane will have a 3.23 -
acre central common area with an 11,000 -square foot clubhouse inclusive of an indoor swimming
pool. The clubhouse will include a fitness room, studio, and great room. The outdoor amenities
will include pickleball courts, bocce ball courts, gathering areas, picnic shelters, and parking.
Connected to the central common area, to the north and the south, is linear open spaces consisting
of 10.27 -acres with 6 -foot wide pathways connecting the residential areas. The sidewalk and
pathway network will consist of 1.45 -miles of pedestrian facilities.
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 plats associated with each phase. 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 12 -feet wide, except
that lesser easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development. The applicant provided a preliminary plat/PUD, date stamped by the
City on April 11, 2019, which contains a plat note indicating that a five (5) foot wide drainage,
irrigation, and public utility easements are proposed adjacent to all single-family lot lines which do
not front a public or private street.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District (east of North
Palmer Lane) and the Star Fire Protection District (west of North Palmer Lane).
On-site Septic System:
There are two (2) existing septic systems which served two (2) dwellings located on the property.
The septic systems will need to be abandoned during construction of the subdivision.
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Preservation of Existing Natural Features:
The site contains trees located adjacent to the irrigation canal located in proximity to the eastern
boundary of the development.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
J. STREET DESIGN:
(The two (2) street sections described are based on the preliminary plat/PUD, date stamped by the
City on April 11, 2019.)
Private Street:
The typical street section for the private street shows a 50 -foot wide street section (contained
within a common lot) inclusive of 29 -feet of travel way (as measured from front of curb to front of
curb) with a 2 -foot wide rolled curb located on each side of the roadway, which complies with
ACHD Policy Standards. The street section also shows 5 -foot wide attached sidewalks with 3.5 -
feet of area located between the back of the sidewalk and the lot line on each side of the street.
Public Street:
The typical street section for the public street shows a 60 -foot wide right-of-way inclusive of a 33 -
foot wide travel way (as measured from front of curb to front of curb) with a 2 -foot wide rolled
curb located on each side of the street, which complies with ACHD Policy Standards. The street
section also shows an 8 -foot wide planter strip, 5 -foot wide detached sidewalks, and a .5 -foot (6 -
inches) area located between the back of sidewalk and the edge of the right-of-way.
Applicant's Justification for Private Streets:
See page 8 of the applicant's narrative, date stamped by the City on March 12, 2019.
Blocks Less Than 500': None
Cul-de-sac Design:
The typical cul-de-sac street section shown on the preliminary plat/PUD, date stamped by the City
on April 11, 2019, shows a 64 -foot right of way inclusive of a 10.5 -foot landscape island, a 40 -
foot wide travel lane (measured from back of curb to back of curb), 8 -foot landscaped planter strip,
5 -foot separated sidewalk, and a .5 -foot (6 -inches) area located between the sidewalk and the right-
of-way (as measured from the center of the of the cul-de-sac to the right-of-way).
The preliminary plat/PUD shows 18 -cul-de-sacs as follows:
• West Montfort Place: 670 -feet in length.
• West Venetian Court: 450 -feet in length.
• West Moselle Lane: 700 -feet in length (east of West Hartley Way).
• West Moselle Lane: 450 -feet in length (west of West Hartley Way).
• North Coulais Court: 230 -feet in length (south of North Montfort Way).
• West Marie River Court: 150 -feet in length.
• North Coulais Court: 600 -feet in length (north of North Cannes Way)
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• North Provence Drive: 440 -feet in length
• West Capraia Island Lane: 370 -feet in length (west of North Sangro River Lane)
• West Capraia Island Lane: 420 -feet in length (east of North Linosa Island Lane)
• West Sassari Lane: 370 -feet in length (west of North Sangro River Lane)
• West Sassari Lane: 420 -feet in length (east of North Linosa Island Lane)
• West Rimini Lane: 370 -feet in length (west of North Sangro River Lane)
• West Rimini Lane: 420 -feet in length (east of North Linosa Island Lane)
• West Cantal Lane: 370 -feet in length (west of North Sangro River Lane)
• West Cantal Lane: 420 -feet in length (east of North Linosa Island Lane)
• West Vienne Lane: 370 -feet in length (west of North Sangro River Lane)
• West Vienne Lane: 420 -feet in length (east of North Linosa Island Lane)
Sidewalks:
The preliminary plat/PUD, date stamped by the City on April 11, 2019, shows typical street
sections for the internal public streets and the cul-de-sacs with detached 5 -foot wide sidewalks
separated by an 8 -foot wide landscape planter strip. There will be a 10 -foot wide sidewalk
separated by an 8 -foot wide landscape planter strip located on the east side of North Palmer Lane.
The west side of North Palmer Lane will have a 5 -foot wide sidewalk separated by an 8 -foot wide
landscape planter strip. The typical street section for the private streets shows 5 -foot wide attached
sidewalks.
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. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND Or'r'-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedest•
rian Walkways:
The preliminary plat/PUD, date stamped by the City on April 11, 2019, shows 6 -foot wide
pathways providing inner connectivity throughout the development. The preliminary plat/PUD
also shows a 10 -foot wide nature trail located in proximity to the east property boundary and
extending from West Beacon Light Road south to West Rhine River Street. The nature trail
continues as an 8 -foot wide section from West Rhine River Street to West Floating Feather Road.
The 10 -foot wide nature trail extends to the east through Lot 42, Block 15, and Lot 14, Block 14,
providing a connection to a 6 -foot wide pathway which continues to North Hartley Way.
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Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right-of-way or separate easement, as may be specified by the City Council.
L. PUBLIC USES PROPOSED:
The preliminary plat/PUD, dates stamped by the City on April 11, 2019, identifies a 12.09 -acre
City Park site and a 10.08 -acre proposed elementary school site located at the southeast corner of
North Palmer Lane and West Beacon Light Road.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes — located in proximity to the Dry Creek Canal and within a proposed common
lot located adjacent to the east property line.
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — no
Wildlife Habitat — unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated May 10, 2019, are of special
concern (attached to the staff report).
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent correspondence dated July 2, 2019, are of special concern (attached to the staff
report).
Ada County Highway District
Ada County Highway District (email correspondence from Mindy Wallace, Planner III, dated June
10, 2019)
Andeavor
Central District Health
Communities in Motion 2040 Development Review
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
New Dry Creek Ditch Company
Republic Services
Star Fire Protection District
West Ada School District
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Q. LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from David Sterling, P.E., with T -O Engineers, date stamped by the City
on May 1, 2019
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENI OF THE SITE:
The applicant has indicated within the provided narrative, date stamped by the City on March 12,
2019, that the development will be constructed over the next 10 -years consisting of approximately
15 phases.
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMEN 1 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.
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In cased of large - scale PUDs (incorporating fifty (50) 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.
17. LANDSCAPING:
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of
existing landscape, pedestrian way treatment, and recreational areas, incorporated into this
development, exceed that of a non PUD development.
18. SITING:
That the quality of the designs for visual focal points, use of existing features such as
topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation
pattern, physical environment, variation in building setbacks, and building grouping (such as
clustering), incorporated into this development, exceed that of a non PUD development.
19. DESIGN FEATURES:
That the quality of the designs for street sections, architectural styles, harmonious use of
materials, parking areas broken by landscaping features, and varied use of housing types,
incorporated into the development, exceed that of a non PUD development.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAF'F' REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The densities associated with the project were based on the Eagle 2007 Comprehensive Plan.
Condition of Development of the executed development agreement (Ada County instrument
#107164794) states that the property may be developed based on the comprehensive plan that was
in effect at the time the development agreement was recorded. The following information shows
the history of the site based on the comprehensive plan in effect of the time and the basis of the
approved densities as well as the maximum number of residential units which may be approved
based on the 2017 Eagle is Home Comprehensive Plan.
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Eagle 2007 Comprehensive Plan (adopted February 2007)
\r
'Residential Four
!Residential Two 1
Application History:
2007 COMP PLAN Densities:
Village Center: 80 Acres @ 10 units/acre= 800 units
Residential Four: 85acres @ 4 units/acre= 340 units
Residential Two: 207 acre @ 2 units/acre= 414 units
Subtotal: 1,554
10% PUD Bonus: 155
Total Development Potential: 1,709
units
3/27/2007: A-08-07/RZ-10-07 Application for annexation and rezone
2007 Application Request
1,824 units Max (4.9units/acre)
132 acres at 2 units/acre = 264 units
140 acres at 4 units/acre = 560 units
100 acres at 10 units/acre = 1000 units
(Each acre of mixed use not used as residential; 10 units are deducted from the
total unit count)
10% Open Space
50% of non -buildable school site counts as open space
HOR1Vii 1J..,..'mss H Epi
2007 Conceptual Plan within DA:
1,334 Residential units
49 acres of Mixed use (non-residential)
(490 units deducted)
37.2 acres of open space (10%)
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11/20/2007 Approved by Eagle City Council
2007 Approval & DA Standards
1,824 units Max (4.9units/acre)
132 acres at 2 units/acre = 264 units
140 acres at 4 units/acre = 560 units
100 acres at 10 units/acre = 1000 units
(Each acre of mixed use not used as residential; 10 units are deducted from the
total unit count)
10% Open Space
50 % of non -buildable school site counts as open space
Evolution of the Belvoir (Hormachea Limited Partnership)
2007
DA 2007 2019
Approval Conceptual Plan Belvoir App.
Acreage 372 372 372
Residential units 1824 1334 913
Overall Density
4.90
3.58
2.45
Low Density Residential (2/acre)1
Medium Density Residential (4/acre)2
MU Residential (10/acre)3
264
560
1000
264
560
510
288
367
258
ommercia • ice i ■' acr
Open Space Acres
% Commercial
Open space %
School Site acreage4
City Park Site4
13.2%
37.2
10%
N/A
N/A
11.1(/(
37.2
10%
N/A
N/A
96.66
26%
10.08
12.09
Belvoir application is requesting the minimum lot size for a Residential Two lot be reduced from 17,000 sq. ft to 6,125 sq. ft
2: Belvoir application is requesting minimum lot size for Residential Four be reduced from 8,000 sq. ft to 5,775 sq. ft.
-3 Belvoir application is requesting the minimum lot sizes in the Mixed -Use area be increased from 5,000 sq. ft to 5,600 sq. ft
4: 50% of the non -building area of the public -school site is counted as open space
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2017 Eagle is Home Plan (adopted November 2017)
N M' VM 4
01"‘
Y.'
1
Comact IResidenti
ighborhood -.iden�ial
1
tPyi ��
,,,,„,„,,,,‘„,,,N
1
IMPPIWINJ
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\h'
a•
2017 Eagle is Home Densities:
Village Center: 12 Acres 10 units/acre=
120 units
Compact Res.: 15 acres @ 8 units/acre=
120 units
Neighborhood Res: 345 acre @ 2
units/acre= 690 units
Total Development Potential:
930 units
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
States in part that Single -Family Dwellings (New), Park and Recreation Facilities and Personal
Wireless Facilities (height — over 35'), and Schools, Public or Private requires approval of a
conditional use permit within the MU (Mixed Use) 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* Lot Area
Zoning Maximum (Acres Or Minimum
District Maximum Front Rear Interior Street Lot Covered Square Lot
Height Side Side F And J* Feet) H* Width I*
R-2 35' 30' 30' 10' 20' 40% 17,000 75'
R-4 35' 20' 25' 7.5' 20' 40% 8,000 70'
MU
35' 20' 20' 7.5' 20' 50% 5,000 50'
• Eagle City Code Section 8-2A-6(B)(6)(a): Architectural Appurtenance Height Restrictions:
a. All spires, poles, antennas, steeples, towers, and any other such structures shall be limited
to a maximum of forty feet (40') within the DDA and TDA and thirty five feet (35') in all
other locations. Additional height may be permitted if a conditional use permit is approved
by the City Council.
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• Eagle City Code Section 8-2A-7 (J)(4)(a & b): Landscape and Buffer Area Requirements:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
b. Any road designated as a minor arterial on the transportation and pathway network plan in
the Eagle comprehensive plan:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: five
(5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided,
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
• Eagle City Code Section 8-3-5: Unique Land Uses:
S. Personal Wireless Facilities, Spires, Poles, Antennas, Steeples, Towers, And Other Such
Structures:
2. Towers And Personal Wireless Facilities In Zoning Districts:
b. Mixed Use District: Personal wireless facilities shall be camouflaged or concealed,
not readily identifiable as such, designed to be aesthetically compatible with
existing and proposed uses on the site in the mixed use district.
• Eagle City Code Section 8-6-1: Planned Unit Developments: Purpose, Goals, and Objective:
A. Purpose: The purpose of this chapter is to establish clear development standards that will
achieve the city of Eagle's vision for development as presented in the Eagle
comprehensive plan. The standards will be designed to create livable communities that
provide exemplary open spaces and recreational opportunities, that encourage a
diversification of housing types, styles and living options for a wide range of income
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levels and lifestyles, and thereby enhance the living experience within the city of Eagle.
B. Goals: To provide guidance and establish expectations for development within the city of
Eagle. The PUD provides clear standards and options for development within the city
including lot sizing, open space and the diversification of housing types.
C. Objective: To guide land development and construction through the planned unit
development (PUD) to achieve the following:
1. A maximum choice of living environments by allowing a variety of housing and
building types, lot dimensions, yards, building setbacks and area requirements;
2. Amore useful pattern of open space and recreation areas and, if permitted as part of
the project, more convenience in the location of accessory commercial uses, office
uses and services;
3. A development pattern which preserves and utilizes natural topography and geologic
features, scenic vistas, trees and other vegetation, and prevents the disruption of
natural drainage patterns;
4. Amore efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
5. A development pattern in harmony with the objective for land use density,
transportation and community facilities as presented in the comprehensive plan.
• 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:
1. 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
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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. SUBDNISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-3-2-5: Private Streets:
Private streets may be permitted, in the discretion of the Council, subject to the following:
A. Compliance: Private streets may provide access to any parcel or lot provided the council
determines that the private streets are in compliance with each of the following standards:
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 will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking.
3. The private streets shall provide adequate access for service and emergency vehicles.
4. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel
layout.
6. Other than to provide emergency access, the private streets do not connect one public
street to another, thereby encouraging travel through the development served by the
private street; provided, however, that in order to provide secondary access, a private
street may have more than one connection to a public street and/or may be connected
to more than one public street if access thereto is controlled by automatic gates or
other control devices approved by the council.
7. The use or alignment of the private streets does not interfere with the continuity of
public streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets, including provisions for the funding thereof.
B. Construction And Design Standards: Private streets shall conform to the following
construction and design requirements:
1. All private street construction shall be in accordance with Ada County highway
district's structural standards for streets 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 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 (except as noted herein) and shall otherwise provide for the
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safe, convenient, and effective movement of both vehicular and pedestrian traffic.
Vertical curbing shall be provided for streets that are less than thirty four feet (34') in
total width.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
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 shall, during the progress of construction, be inspected and tested, at
the expense of the owner or developer, by a qualified inspector in order to ensure
compliance with the construction and design standards set forth in this section, the
construction drawings as prepared by the registered professional engineer, and good
engineering and construction practices. Reports of such inspections and tests shall be
submitted, together with a certification of such compliance, for the review and
approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public
right of way, or 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.
7. The design of all private streets 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 as follows:
1. A plan and schedule for the future repair and maintenance of the private street 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 the private street shall be clearly depicted on the face of the plat and
notes shall be included on the face of the plat which shall:
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a. Act to convey to each lot owner within the subdivision to be served by the private
street 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 street cannot be
modified and the homeowners'/property owners' association or other entity cannot
be dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street 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 street in accordance with the
approved plan as provided for in subsection C 1 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 street 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 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 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. Total easement width shall not be less than twelve feet (12'), except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of
the planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
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• Eagle City Code Section 9-4-1-6: PedestrianfBicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in
width. Micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum eight feet (8') wide and shall be
located within a sixteen foot (16') wide pedestrian access easement, however, in an
area where low volume pedestrian traffic is anticipated, the council may consider a
reduction in pathway width to six feet (6'). Regional pathways such as the Boise River
greenbelt and pathways located adjacent to major roadways shall be a minimum ten
feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access
easement.
D. DEVELOPMENT AGREEMENI' PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL (Based on the development agreement (executed December 7,
2007), Ada County instrument #107164794):
1.1
1.3
1.4
All development of the Property shall be consistent with the Eagle Architecture and Site
Design Book and the Eagle City Code 8-2A and be generally consistent with the Concept
Plan attached hereto as "Exhibit B" ; provided, however, it is the intent of this Agreement
to allow flexibility at the time a detailed plan and platting are submitted to the City so long
as the general intent of the Concept Plan and the requirements set forth in this Agreement
are met.
Development of the Property shall comply with Eagle's Comprehensive Plan and City
Code as in effect at the time this Agreement is recorded, provided that Applicant may, at
its sole discretion, request to use the current version of the Eagle City Code at the time of
platting.
Development of the Property shall comprise two primary elements: residential
development and mixed use development, as described below:
1.4.1 Residential Development
1.4.1.1 Up to 1,824 dwelling units may be developed on the Property which is an
equivalent gross density of 4.9 residential dwelling units per acre.
1.4.1.2 Residential development on the Property shall include 132 acres of
Residential Two (R-2), 140 acres of Residential Four (R-4), and 100 acres
of Mixed Use (MU).
1.4.1.3 The Residential densities illustrated in the conceptual plan are
maximums. The maximum density within the R-2 zone is two (2) units
per acre and the maximum density within the R-4 zone is four (4) units
per acre.
1.4.2 Mixed Use Development
1.4.2.1 Mixed Use land uses shall be limited to 26.8% of the Property. The
Property shall be developed in compliance with the Eagle City Code and
Eagle's Comprehensive Plan as adopted at the time this Agreement is
recorded, except as otherwise provided in Section 1.3 of this Agreement.
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1.5
1.4.2.2 Commercial uses shall conform with the "Community Commercial"
guidelines within the City of Eagle Comprehensive Plan dated February
13, 2007, except as otherwise provided in Section 1.3 of this Agreement.
1.4.2.3 For each acre zoned Mixed Use (MU) that is not developed as
residential, 10 dwelling units shall be removed from the total maximum
allowed number of dwelling units provided under Section 1.4.1.1 ( 1,824
units) for the Property.
If the applicant chooses, a portion of the Property may be provided to the Meridian Joint
School District or other public school authority for use as one or more public school or
public charter school sites. The school site(s) shall be subject to Eagle's design review
process and standards set forth in Eagle City Code Section 8 2A.
1.5.1
1.5.2
Up to 50% of the site or the non -building portion of the site may be credited
toward the open space requirement for the Development.
The school site(s) shall be located north of Floating Feather Road and access to
the site(s) shall originate internally from the Property and not from any arterial
road.
1.5.3 This Agreement is in lieu of a conditional use permit for development of the
school site(s) that would normally be required within the "R2" zoning district.
1.9 Applicants shall comply with the landscape and buffering standards within ECC 8-2A.
[sic]
1.10 The current conceptual plan for the property does not address the use of private roads. If
the applicant wishes to include private roads this Development Agreement shall be
amended at the time of preliminary plat.
1.12 The City is planning for potable water service for the Property and to provide such service
agrees to follow the City of Eagle Municipally Owned Water System PWS #4010201
Amended Master Plan (Revised November 2005) as reasonably amended from time to
time ("Facilities Plan"). Applicant has reviewed the Facilities Plan and agrees it is
reasonable. The City agrees that the Development's connection to the City's municipal
water system is in accordance with the Facilities Plan and payment of associated STL and
related fees by the Applicant under the Facilities Plan shall serve as compliance with
Eagle City Code section 6-5-23(C). Applicant and the City may establish an LID,
latecomer fees or other equivalent methods for funding of such fees consistent with the
Facilities Plan. Applicant agrees to keep the City informed as to Applicant's plat
application(s) and related construction schedules for the Development. Only in the event
the City fails or otherwise refuses to provide potable water service to the Property and
after receiving a reasonable opportunity to cure such default consistent with this paragraph
and this Development Agreement, Applicant may seek alternative potable water service
from other capable providers. If Applicant obtains alternative potable water service from
another capable provider after complying with this Agreement and giving the City a
reasonable opportunity to provide water service as provided herein, Applicant shall be
relieved of any limitations on the transfer of Applicant's water rights under Paragraph
1.14 below.
1.14
Because the Facilities Plan provides for all the potable water needs of the Development,
without requiring the City to acquire any additional water rights, and because Applicant
participated in the construction of the City's Brookwood well, Applicant shall not be
required to transfer any water rights to the City, unless the City purchases the same. All
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existing ground water and surface water rights held by the Applicant shall remain in the
ownership of the Applicant unless transferred pursuant to this paragraph. Applicant may
apply to the Idaho Department of Water Resources to convert the beneficial use of such
water rights as necessary for development of the irrigation and aesthetic needs of the
Development. Applicant agrees that prior to any transfer of the water rights from the
Property, Applicant will provide the City a right of first offer for any ground or surface
water rights that the Applicant determines, in its sole discretion, are no longer needed on
the Property for its intended development.
E. DISCUSSION (based on the preliminary plat/PUD, date stamped by the City on April 11, 2019
and the executed development agreement, (executed December 7, 2007, Ada County Instrument
#107164794):
• Pursuant to the executed development agreement associated with the subject property the
property was annexed and rezoned to MU -DA (Mixed Use with a development agreement)
consisting of 101.28 -acres, R -2 -DA (Residential with a development agreement) consisting of
139.61 -acres, and R -4 -DA (Residential with a development agreement) consisting of 131.42 -
acres. The development agreement allowed up to 1,824 -dwelling units with a gross density of
4.9 -dwelling units per acre to be developed upon the subject property. The development
agreement also contained a condition of development to allow a school to be located within
the site as a permitted use. The applicant is proposing a total of 913 -dwelling units with a
gross density of 2.49 -dwelling units per acre (not inclusive of half the area associated with the
proposed school site).
The applicant is proposing to develop the entire site with single-family residential units with
the exception of the area located at the southeast corner of West Beacon Light Road and North
Palmer Lane. The area is zoned MU -DA (Mixed Use with a development agreement) and will
contain a 10.08 -acre proposed elementary school site and a 12.09 -acre park site. The
remaining MU -DA (Mixed Use with a development agreement) areas within the subject
property will contain single-family residential dwellings. Pursuant to Eagle City Code Section
8-2-3, single-family dwellings (new) and schools, public or private require a conditional use
permit within the MU (Mixed Use) zoning designation. Based on the executed development
agreement (instrument #107164794) recognizing the school use and the residential uses within
the MU (Mixed Use) as permitted uses, the school site and the single-family residential
dwellings continue to be permitted uses identified in the modified development agreement.
• The property is located within the City of Eagle's Municipal Water System service area. There
is currently a new municipal well (City Well No. 6) being constructed within the Legacy
development and it is anticipated to be completed in mid-December of this year. Available
capacity associated with the current municipal water system, future final plat signatures may
be withheld until such time City Well No. 6 is completed and becomes part of the City potable
water distribution system. Upon approval of the preliminary development plan/preliminary
plat, the applicant may continue to provide final development plan and final plat applications
to the City for processing. The applicant acknowledges that based on capacity of the municipal
water system, the City may not sign the final plat(s) until City Well No. 6 has been completed
and becomes part of the City potable water distribution system.
• The street section associated with the private streets shows attached sidewalks. The applicant
should be required to provide a revised preliminary plat/preliminary PUD showing the typical
private street section with the common lot a minimum of 59 -feet in width with a 33 -foot wide
roadway section (measured from back of curb to back of curb, an 8 -foot wide planter strip and
detached 5 -foot wide sidewalks located on each side of the street. The revised preliminary
plat/preliminary PUD should be provided prior to submittal of final development plan/final
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plat applications.
• The preliminary plat/preliminary PUD shows the sewer and water lines located within the
common lots containing the private streets. The associated plat notes #9 and #10 do not
reference any easements for public utilities and/or drainage. The applicant should be required
to provide a revised preliminary plat/preliminary PUD with plat notes #9 and #10 revised to
include that the referenced private street lots have a blanket public utility and drainage
easement. The revised preliminary plat/preliminary PUD should be provided prior to submittal
of final development plan/final plat applications.
• Page 5 of the preliminary plat/PUD identifies the "Active Adult Living" area located west of
North Palmer Lane. The area located west of the "Active Adult Living" area is designated
Neighborhood Residential within the comprehensive plan with a maximum density of 1-2
dwelling units/acre. The "Active Adult Living" area has a R -4 -DA (Residential with a
development agreement) zoning designation. The lots within the "Active Adult Living" area
located adjacent to the west property line range in size from 5,891 -11,304 -square feet in size.
Since the properties located west of the development will not have densities exceeding 2 -
dwelling units/acre, the lots located adjacent to the west property line within the "Active Adult
Living" area should be a minimum of 8,000 -square feet in size to provide a transition to the
adjacent property in the future. The applicant should be required to provide a revised
preliminary plat/PUD with lots located adjacent to the west property line of the "Active Adult
Living" area to be a minimum of 8,000 -square feet in size. The revised preliminary platIPUD
should be provided prior to submittal of final development plan/final plat applications.
• Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes are
required to conform with the closest compatible base zone identified in Eagle City Code
Section 8-2-4. The proposed setbacks as shown below and on page 7 of the preliminary
plat/PUD dimensional standards reflects the following minimum lot size, maximum lot
coverage, minimum lot width, and setbacks for five (5) separate areas:
ACTIVE: ADULT LIVING:
Minimum Lot Size
Maximum Lot Coverage
Minimum Lot Width
Setbacks:
Front
Rear
Side
Street Side
GARDEN LOTS:
Minimum Lot Size
Maximum Lot Coverage
Minimum Lot Width
Setbacks:
Front
Rear
Side
Street Side
5,600 -square feet
55%
55 -feet
20 -feet (Garage)
15 -feet (Side Entry Garage)
15 -feet (Living)
15 -feet
5 -feet
20 -feet
5,800 -square feet
50%
55 -feet
20 -feet (Garage)
15 -feet (Living)
15 -feet
5 -feet
20 -feet
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WOODLAND LOTS:
Minimum Lot Size
Maximum Lot Coverage
Minimum Lot Width
Setbacks:
Front
Rear
Side
Street Side
COUNTRYSIDE #1 LOTS:
Minimum Lot Size
Maximum Lot Coverage
Minimum Lot Width
Setbacks:
Front
Rear
Side
Street Side
COUNTRYSIDE #2 LOTS:
Minimum Lot Size
Maximum Lot Coverage
Minimum Lot Width
Setbacks:
Front
Rear
Side
Street Side
9,000 -square feet
40%
75 -feet
25 -feet (Garage)
20 -feet (Living)
20 -feet
5 -feet 151 story (+2.5 -feet 2nd story)
20 -feet
13,000 -square feet
40%
90 -feet
30 -feet (Garage)
25 -feet (Living)
20 -feet
10 -feet
20 -feet
10,000 -square feet
40%
85 -feet
25 -feet (Garage)
20 -feet (Living)
20 -feet
7.5 -feet 1st story (+2.5 -feet 2nd story)
20 -feet
SETBACK EXHIBIT (PROPOSED) (see 8 1/2 x 11 copy attached to the staff report and the
full size copy of the preliminary plat/PUD dimensional standards [page 7 of 7J)
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Ki
Pursuant to Eagle City Code Section 8-2-4, the following setbacks, maximum lot coverage,
and minimum lot widths are required
MU (Mixed Use) zone
Front 20 -feet
Rear 20 -feet
Interior Side 7.5 -feet (first story)/12.5-feet (second story)
Street Side 20 -feet
Maximum Lot Coverage
Minimum Lot Width
R-2 (Residential) zone
50%
50 -feet
Front 35 -feet
Rear 30 -feet
Interior Side 10 -feet (first story)/15-feet (second story)
Street Side 20 -feet
Maximum Lot Coverage
Minimum Lot Width
40%
75 -feet
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R-4 (Residential) zone
Front 20 -feet
Rear 25 -feet
Interior Side 7.5 -feet (first story)/12.5-feet (second story)
Street Side 20 -feet
Maximum Lot Coverage
Minimum Lot Width
40%
70 -feet
Eagle City Code Section 8-2-4(A)(4) states: A single-family dwelling that utilizes a side entry
garage shall be permitted to have a 5 -foot reduction in the minimum required front yard
setback provided that the distance in no less than 15 -feet within the MU zoning district.
Eagle City Code Section 8-2-4(G) states: All front load garages shall be setback a minimum of
25 -feet from the back of sidewalk.
The following comments are specific to the "Active Adult Living" area:
The front setback should be minimum of 25 -feet to allow for vehicles to be parked in front of
the garage without encroaching into the sidewalk. Also, based on the width of the lots and the
proposed side yard setback of 5 -feet the residential dwellings located within the "Active Adult
Living" area should not exceed single -story (25 -feet maximum height).
The following comments are specific to the "Garden Lots" area:
The "Garden Lots" area is located within an area with public streets. The street section
associated with public streets shows .5 -feet (6 -inches) of area located between the back of the
sidewalk and the property line. The front setback to the front of the garage should be increased
to 25 -feet to ensure that vehicles parked between the back of sidewalk and the front of the
garage do not encroach into the sidewalk. Also, based on the width of the lots and the
proposed side yard setback of 5 -feet the residential dwellings located within the "Garden Lots"
area should not exceed single -story (25 -feet maximum height).
The following comments are specific to the "Woodland Lots", "Countryside #1 Lots",
and the "Countryside #2 Lots" areas:
The proposed minimum lot widths in these three (3) areas are in conformance with the
minimum lot widths as required pursuant to Eagle City Code Section 8-2-4. The applicant is
proposing a side yard setback of 5 -feet (151 story) plus 2.5 -feet for two-story structures for lots
located within the "Woodland Lots" area. Staff recommends the side yard setback be 7.5 -feet
(1s1 story) plus an additional 5 -feet for two-story structures, in accordance with Eagle City
Code Section 8-2-4.
The applicant is not proposing a two-story setback for lots located within the "Countryside #1
Lot" area. Staff recommends an additional side yard setback of 5 -feet be required for lots
located within "Countryside #1 Lots" area, in accordance with Eagle City Code Section 8-2-4.
The applicant is proposing an additional side yard setback of 2.5 -feet for two-story structures
for lots located within the "Countryside #2 Lots" area. Staff recommends an additional side
yard setback of 5 -feet be required for lots located within "Countryside #2 Lots" area, in
accordance with Eagle City Code Section 8-2-4.
It is staff's opinion (based on the sizes and widths of the proposed lots) the setbacks should be
as follows:
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ACTIVE ADULT LIVING:
Minimum Lot Size
Maximum Lot Coverage
Minimum Lot Width
Setbacks:
Front
Rear
Side
Street Side
The residential dwellings
GARDEN LOTS:
Minimum Lot Size
Maximum Lot Coverage
Minimum Lot Width
Setbacks:
Front
Rear
Side
Street Side
The residential dwellings
WOODLAND LOTS:
Minimum Lot Size
Maximum Lot Coverage
Minimum Lot Width
Setbacks:
Front
Rear
Side
Street Side
5,600 -square feet
55%
55 -feet
25 -feet (Garage)
15 -feet (Side Entry Garage)
15 -feet (Living)
15 -feet
5 -feet
20 -feet
shall be single -story (25 -feet maximum height).
5,800 -square feet
50%
55 -feet
25 -feet (Garage)
15 -feet (Living)
15 -feet
5 -feet
20 -feet
shall be single -story (25 -feet maximum height).
COUNTRYSIDE #1 LOTS:
Minimum Lot Size
Maximum Lot Coverage
Minimum Lot Width
Setbacks:
Front
Rear
Side
Street Side
9,000 -square feet
40%
75 -feet
25 -feet (Garage)
20 -feet (Living)
20 -feet
7.5 -feet (first story) 5 -feet (each additional story)
20 -feet
13,000 -square feet
40%
90 -feet
30 -feet (Garage)
25 -feet (Living)
20 -feet
10 -feet (first story) 5 -feet (each additional story)
20 -feet
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COUNTRYSIDE #2 LOTS:
Minimum Lot Size 10,000 -square feet
Maximum Lot Coverage 40%
Minimum Lot Width 85 -feet
Setbacks:
Front 25 -feet (Garage)
20 -feet (Living)
Rear 20 -feet
Side 7.5 -feet (first story) 5 -feet (each additional story)
Street Side 20 -feet
• The preliminary plat/PUD shows a centralized neighborhood park area located within Lot 30,
Block 17. The applicant has provided a "Belvoir Neighborhood Park Conceptual Landscape
Plan", date stamped by the City on July 12, 2019, which identifies the amenities proposed to
be located within the neighborhood park area. The applicant should be required to construct a
neighborhood park area located within Lot 30, Block 17, (as shown on the preliminary
platfPUD, date stamped by the City on April 11, 2019). The neighborhood park should be
constructed with the amenities as identified on the Belvoir Neighborhood Park Conceptual
Landscape Plan, date stamped by the City on July 12, 2019.
• The preliminary plat/PUD shows a centralized "Active Adult Living Amenity Concept" area
located within Lot 246, Block 1, of the "Active Adult Living" area. The applicant has
provided a "Belvoir Rec Center Conceptual Landscape Plan", date stamped by the City on
July 12, 2019, which identifies the amenities proposed to be located within the "Active Adult
Living Amenity Concept" area. The applicant's narrative, date stamped by the City on March
12, 2019, indicates the common area will have an 11,000 -square foot clubhouse with an
indoor pool, fitness room, studio, and great room. The centrally located common lot will
provide extensive outdoor activities and provide for a community gathering place. The
applicant should be required to construct the "Active Adult Living Amenity Concept" located
within Lot 246, Block 1, (as shown on the preliminary plat/PUD, date stamped by the City on
April 11,2019) with the amenities as identified on the Belvoir Rec Center Conceptual
Landscape Plan, date stamped by the City on July 12, 2019, prior to the City Clerk signing the
final plat.
• The applicant's narrative, date stamped by the City on March 12, 2019, indicates the
development will have playground equipment. The preliminary plat/PUD shows playground
equipment located within Lot 1, Block 2 and Lot 10, Block 12. The applicant should be
required to provide playground equipment within Lot 1, Block 2 and Lot 10, Block 12 (as
shown on the preliminary plat/PUD, date stamped by the City on April 11,2019) prior to the
City Clerk signing the final plat for the associated phase containing those lots. The applicant
should be required to provide cut sheets showing the playground equipment to be reviewed
and approved by the Design Review Board and City Council prior to submittal of final
development plan/final plat applications.
• The preliminary plat/PUD shows the internal pedestrian pathways at 6 -feet in width. Pursuant
to Eagle City Code Section 9-4-1-6, micropathways within subdivisions which are designed
for primary use by the residents of the subdivision are required to be a minimum of 8 -feet in
width however, in areas with low volume pedestrian traffic the City Council may consider a
reduction to 6 -feet in width. Based on the design of the subdivision, there are areas where the
internal pathways may experience higher volumes of pedestrian traffic (i.e. central community
park with the swimming pool area, pathway located across the street from the central
community park area, pathways from the school area, pathway located between the east and
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west property boundary lines located north of West Frenchglen Street, and the pathways
located within the centralized common area within the "Adult Living" area). These pathways
are located within the following Lots and Blocks:
o Lot 8, Block 1 — Pathway located between the east and west property boundary lines.
o Lot 6, Block 8 — Pathway leading to the neighborhood park area.
o Lot 85, Block 17 — Pathway from the school site.
o Lot 7, Block 20 — Pathway from the school site.
o Lot 30, Block 17 — Pathway located within the neighborhood park area.
o Lot 212, Block 1 — Pathway centrally located within the "Adult Living" area.
o Lot 327, Block 1 — Pathway centrally located within the "Adult Living" area.
The applicant should be required to provide a revised preliminary plat/PUD showing 8 -foot
wide pathways located within the following locations:
o Lot 8, Block 1 — Pathway located between the east and west property boundary lines.
o Lot 6, Block 8 — Pathway leading to the neighborhood park area.
o Lot 85, Block 17 — Pathway from the school site.
o Lot 7, Block 20 — Pathway from the school site.
o Lot 30, Block 17 — Pathway located within the neighborhood park area.
o Lot 212, Block 1 — Pathway centrally located within the "Adult Living" area.
o Lot 327, Block 1 — Pathway centrally located within the "Adult Living" area.
The revised preliminary plat/PUD should be provided prior to submittal of final development
plan and final plat applications.
• The Eagle Parks, Pathways, and Recreation Commission reviewed the proposed pathways and
proposed park site associated with the development. The Trails and Pathways Superintendent
provided correspondence dated July 2, 2019, with the Parks, Pathways, and Recreation
Commission's (PPRC) recommendation. The PPRC made the following recommendations:
o Construct a 10 -foot wide natural surface pathway located along the eastern boundary
of the subdivision. The pathway should be located within a 25 -foot wide pedestrian
easement dedicated to the City.
o Construct a 10 -foot wide sidewalk along North Palmer Road between West Beacon
Light Road and West Floating Feather Road. Approximately 215 -feet north of the
intersection of North Palmer Road and West Floating Feather Road the 10 -foot wide
sidewalk should extend east through Lot 8, Block 1 to provide connectivity to West
Floating Feather Road.
o The 12 -acre public park site is not of sufficient size to contain adequate number of
sports fields and the restrooms and parking required to support those fields. The City
should collect impact fees rather than credit Belvoir for the parcel and have the parcel
developed into residential units versus a park site that would have to be developed and
maintained by the City.
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The applicant should be required to provide and construct, a 10 -foot wide natural surface
pathway along the eastern portion of the property. The pathway should be constructed to the
City standard for natural surface pathways and constructed concurrently with Phase No. 1 of
any development of the property. The specific location and design of the pathway shall be
approved by the City prior to submittal of a design review application. The pathway should be
located in a recorded 25 -foot wide easement or easements dedicated to and accepted by the
City of Eagle. The instrument number of the recorded easement or easements should be
referenced on the face of the plat, upon recordation of the final plat(s) wherein the pathway is
located. The City should also have the option to erect wayfinding and other signage as needed.
The pathway should be maintained in perpetuity by the homeowner's association.
Also, the applicant should be required to provide and construct a 10 -foot wide concrete
surface detached sidewalk along North Palmer Road between West Beacon Light Road and
West Floating Feather Road. Approximately 215 -feet north of the intersection of North Palmer
Road and West Floating Feather Road the 10 -foot wide sidewalk should extend east through
Lot 8, Block 1 (as shown on the preliminary plat/preliminary development plan, date stamped
by the City on April 11, 2019) to provide connectivity to West Floating Feather Road. The
sidewalk should be constructed to the City standard for concrete surface pathways, or to
ACHD standards, depending on location. It should be constructed concurrently with Phase No.
1. The specific location and design of the sidewalk should be approved by the City prior to
submittal of a design review application. The portion of the sidewalk located within Lot 8,
Block 1, should be located in a recorded 25 -foot wide easement or easements dedicated to and
accepted by the City of Eagle. The instrument number of the recorded easement or easements
should be referenced on the face of the plat, upon recordation of the final plat(s) wherein the
pathway is located. The City should also have the option to erect wayfinding and other signage
as needed. The pathway should be maintained in perpetuity by the homeowner's association.
In regard to the 12.09 -acre future park site, it is staff's understanding that the applicant will be
requesting a waiver of the park impact fees to offset the cost associated with the proposed City
park site. The property is located within an area of the development with a MU -DA (Mixed
Use with a development agreement) zoning designation. In the event the City does not accept
the 12.09 -acre site for a future park, the maximum number of allowable dwelling units
associated with the overall property will need to be addressed if the applicant chooses to
develop the proposed City park site with residential dwelling units. If the 12.09 -acre site is
utilized for a commercial use, the total number of dwelling units within the overall property
should not exceed a maximum of 913 -dwelling units. Since the park site area is located within
the MU -DA (Mixed Use with a development agreement area, based on the original
development agreement the applicant may develop the property with up to 10 -dwelling
units/acre.
• The site was previously utilized as a feedlot — operations were ceased in 2018. The applicant is
proposing the removal of the agricultural improvements, existing older dwellings, and
accessory buildings with the exception of a grain silo, which is 60 -feet, 4 -inches in height. The
applicant's narrative, date stamped by the City on March 12, 2019, indicates the grain silo has
always been a key feature of the subject site and it is their desire to incorporate the structure
into the project. The grain silo will be located within a common lot of the development (Lot 3,
Block 16). The area where the grain silo is located is zoned MU -DA (Mixed Use with a
development agreement). The grain silo currently has personal wireless antennae located in
proximity to the top of the structure. Pursuant to Eagle City Code Section 8-2-3, personal
wireless facilities in excess of 50 -feet in height requires approval of a conditional use permit.
Also, pursuant to 8-2A-6(B)(6)(a) additional height over 35 -feet may be permitted if a
conditional use permit is approved by the City Council. Based on the fact that the grain silo
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has been located on the site for several years and is utilized as a personal wireless facility. The
Council may approve the continuation of the personal wireless facility in conjunction with the
conditional use permit which is part of the PUD if the Council determines that it meets the
requirements of Eagle City Code Section 8-3-5(S). The applicant should be required to submit
a design review application showing the location and any proposed changes to the grain
silo/personal wireless facility. The design review application should be reviewed and approved
by the Design Review Board and City Council prior to submittal of final development
plan/final plat applications.
• Plat note #3 of the preliminary plat/preliminary PUD states, "The development of this project
shall be in accordance with applicable City of Eagle Zoning and Building Ordinances or as
otherwise approved under a planned unit development."
The development will be constructed in accordance with the City of Eagle's Zoning Code and
Subdivision Code. The applicant should be required to provide a revised preliminary
plat/preliminary PUD with plat note #3 revised to state, "The development of this project shall
be in accordance with the applicable City of Eagle Zoning Code and Subdivision Code or as
otherwise approved under a planned unit development." The revised preliminary
plat/preliminary PUD should be provided prior to submittal of final development plan/sinal
plat applications.
• This application has a conditional use permit associated with the planned unit development.
Pursuant to Idaho Code 67-6512 (d) and Eagle City Code Section 8-7-3-5(D)(6) upon granting
of a conditional use permit, conditions may be attached to said permit which may include
requiring provisions for on-site and off-site public facilities or services. The Idaho
Transportation Department (ITD) provided correspondence, date stamped by the City on
August 1, 2019, which indicated that ITD has reviewed traffic impact study. It further states,
that although the subdivision does not directly abut the state highway system the traffic adds to
the already congested corridors of SH -16 and SH -44 which causes significant impacts to safety
and mobility at several intersections. ITD is recommending improvements be made to the
intersections of SH-16[Beacon Light Road, SH-16/SH-44, SH-44/Palmer Lane because there
were reasonable solutions to address the safety and congestion concerns. The estimated cost of
those improvements are approximately $1.8M dollars. The developer requested ITD to
evaluate a proportionate share cost rather than require construction of the specific intersection
improvements. lTD's evaluation of the proportionate share contribution is estimated at
$820,000 and includes the following intersections and improvements:
o SH-16[Beacon Light Road — Construct a second southbound thru lane - $81,715
o SH-16/SH-44 — Interchange - $480,000
o SH-44/Linder Road — Right turn overlap for northbound right turn lane - $750
o SH-16/Floating Feather Road — Right in/Right out/Left-in and northbound right -turn
lane - $20,962
o SH-44/Palmer Lane — Signalized intersection - $236,706
Sonia Daleiden, P.E. PTOE, with Kittleson & Associates, (Traffic Engineer for the project),
provided an email, dated August 1, 2019, which indicated that Toll Brothers is in agreement
with contributing a proportionate share for the following improvements:
o SH -1 6fBeacon Light Road — Construct a second southbound thru lane - $81,715
o SH-44/Linder Road — Right turn overlap for northbound right turn lane - $750
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o SH-44/Palmer Lane — Signalized intersection - $236,706
The email further states, that Toll Brothers is willing to construct the Floating Feather Road
improvement, which is estimated to cost $195,000, for a total mitigation package amount of
$514,171.00. Staff will defer to the Commission and the City Council regarding the
determination of providing a proportionate share towards the Idaho Transportation
Department's highway mitigation request. The applicant should be required to contribute a
proportionate share for future intersection improvements by having the applicant pay into a
road trust deposit to be established on behalf of ITD. The applicant should be required to
provide a monetary contribution of (amount to be determined) to a road trust deposit
established on behalf of lTD. The road trust deposit money should be paid prior to the City
Clerk signing the final plat.
The preliminary plat/PUD does not contain a plat note referencing Idaho Code Section 22-
4503, regarding Right to Farm. The applicant should be required to provide a revised
preliminary plat/PUD with a new plat note which states, "This development recognizes Idaho
Code Section 22-4503, Right to Farm, which states: "No agricultural operation, agricultural
facility or expansion thereof shall be or become a nuisance, private or public, by any changed
conditions in or about the surrounding nonagricultural activities after it has been in operation
for more than one (1) year, when the operation, facility or expansion was not a nuisance at the
time it began or was constructed. The provisions of this section shall not apply when a
nuisance results from the improper or negligent operation of an agricultural operation,
agricultural facility or expansion thereof." The revised preliminary plat/PUD should be
provided prior to submittal of final development plan/final plat applications
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
5, 2019, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by four (4) individuals who indicated the following:
• The proposed development does not contain a village center as identified in the comprehensive
plan.
• The development should have a commercial component, otherwise traffic will funnel to downtown
Eagle.
• The proposed plan is not in conformance with the COMPASS plan regarding the proximity of
police and fire services.
• A concern with the phasing plan.
• A large front setback should be required to provide adequate room to park a vehicle in front of the
garage and not encroach over the setback.
• The original development agreement associated with the site should have had a termination clause.
• The existing impact fees are insufficient to keep up with the growth in the area that is currently
occurring.
• There are no fire departments located within close proximity to the site to provide adequate
emergency services.
• There is not sufficient greenspace for the residents residing within the development.
• The proposed natural pathways will not be ADA compliant.
• This development will not address the need for affordable housing located within the area.
• Traffic on North Linder Road will worsen and future projects will contribute to the existing traffic
issues.
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C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/representatives).
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by six (6) individuals who indicated the following:
• The proposed buffers should provide a nice entry to the subdivision and shield the homes from the
adjacent roadways.
• Wood fencing should never be permitted, the applicant should be required to utilize woodgrain
vinyl fencing.
• Supports the utilization of planned unit developments to allow for a variety of lot sizing is
appropriate.
• Mailboxes located on the attached sidewalks will reduce the area for pedestrians to walk.
• The zoning map on the City's website does not reflect the Mixed Use (MU) zoning designation
along West Beacon Light Road within the site.
• Large front setbacks allow for a vehicle to be parked in front of the garage without the vehicle
encroaching over the sidewalk.
• The schools in the area are operating over capacity.
• A concern regarding if there is an adequate setbacks from the personal wireless facility equipment
to address health concerns.
• The amount of money that ITD has requested for mitigation of the traffic impact to the highway
system is not adequate.
• A concern -with the additional traffic that will be utilizing North Hartley Lane to access the BLM
property.
• The residents are growing tired of the traffic in the area, overcrowding of schools, and teenagers
speeding through the neighborhoods.
• At one point of development within the area will new roads, schools, and fire stations be built.
• The condition of development that requires conformance with the Eagle Architecture and Site
Design Book and the requirement of design review approval should remain in the development
agreement.
• The proposed setbacks should not be reduced below the staff recommended setbacks.
• The applicant should be required to provide pressurized irrigation.
• They have a concern regarding septic systems in the area.
• The development should not contain any multi -family housing.
• A subdivision of this size will affect the quality of life in the area.
• The school site should have more access points than what is being proposed.
• Will there be health issues due the previous feedlot use located on the site.
COMMISSION DELIBERATION: (Granicus time 03:18:00)
Upon closing the public hearing, the Commission discussed during deliberation that:
• There is an executed development agreement which identifies the zoning designations and the
allowable number of dwelling units within those areas.
• They support allowing for the school site within the development.
• The proposed setbacks should remain as shown with the site specific conditions of approval contained
within the staff report.
• A concern with the density, however, it may be addressed with no reduction of the setbacks.
• The applicant is proposing approximately half of the number dwelling that were previously approved.
• If a public park site is not accepted a commercial node should be proposed to be located at the
southwest corner of West Beacon Light Road and North Palmer Lane.
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COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Commission voted 3 to 0 (Guerber and Smith absent) to recommend approval of RZ-1O-07 MOD for a
development agreement modification for Toll Southwest, LLC, with the conditions of development
provided within the staff report to be incorporated into an Amended and Restated Development Agreement
with strike through text to be deleted by the Commission and underline text to be added by the
Commission as follows:
3.1
3.2
3.3
Owner will develop the Property subject to the conditions and limitations set forth in this
Agreement. Owner will also submit such applications regarding design reviews, preliminary and
final plat reviews, conditional use permits, if applicable, and any other applicable applications as
may be required by the Eagle City Code in effect at the time this Agreement is recorded.
Development of the Property shall comply with Eagle's Comprehensive Plan in effect at the time
the Original Development Agreement was recorded. The Concept Plan (Exhibit B) 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 or be required. 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 and notice shall be provided as may be required by the City.
Development of the Property shall comprise two primary elements: residential development and
mixed use development, as described below:
3.3.1 Residential Development
3.3.1.1 Up to 913 -dwelling units may be developed on the Property which is an
equivalent gross density of 2.52 dwelling units per acre.
3.3.1.2 Residential development on the Property shall include 132 acres of R -2 -DA
(Residential with a development agreement), 140 acres of R -4 -DA (Residential
with a development agreement), and 100 acres of MU -DA (Mixed Use with a
development agreement). The residential use located within the MU -DA (Mixed
Use with a development agreement) zoned areas shall be a permitted use and
future conditional use permits for these areas will not be required.
3.3.2 Mixed Use Development
3.3.2.1 Mixed Use land uses shall be limited to 26.8% of the Property. The Property shall
be developed in compliance Eagle's Comprehensive Plan as adopted at the time
the Original Agreement was recorded. The Property shall be developed in
compliance with Eagle City Code in effect at the time the applications for the
development agreement modification, planned unit development, and preliminary
plat were submitted to the City (January 22, 2019).
3.3.2.2 Development of the residential portion, park and recreation facilities, and the
school site within the MU (Mixed Use) zoning designation shall be permitted and
future conditional use permits for these uses will not be required.
3.3.2.3 For each acre zoned Mixed Use (MU) that is not developed as residential, 1-0
: •
• - ' - In the event City
does not accept the 12.09 -acre site for a future park, the number of allowable
dwelling units associated with the Property shall be increased from 913 -dwelling
units to a maximum of 1,033 -dwelling (increase of 120 -dwelling units based on
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.
an allowance of a maximum of 10 -dwelling units per acre as identified in the
Original Development Agreement) units. If the 12.09 -acre site is utilized for a
commercial use, the total number of dwelling units within the property shall not
exceed a maximum of 913 -dwelling units.
3.4 A portion of the Property will be provided to the West Ada School District or other public school
authority for use as one or more public school or public charter school sites. The school site(s)
shall be subject to Eagle's design review process and standards set forth in Eagle City Code
Section 8-2A.
3.4.1 Up to 50% of the site or the non -building portion of the site may be credited toward the
open space requirement for the Development.
3.4.2 Access to the site(s) shall originate internally from the Property and not from any arterial
road.
3.4.3 This Agreement is in lieu of a conditional use permit for development of the school site(s)
that would normally be required within the MU -DA (Mixed Use with a development
agreement) zoning district.
3.5 Prior to issuance of any building permits, Owner shall provide proof of adequate sewer
service to the proposed residences and commercial uses, by causing a letter of approval to
be provided to Eagle from the Eagle Sewer District.
3.6 Owner shall provide a report or analysis of any proposed changes to wetlands located on the
Property, and any such change shall be contingent upon approval by the applicable state and
federal agencies, along with Eagle, and be in accordance with Eagle's Comprehensive Plan and
the Eagle City Code. Owner agrees all development and improvement of the Property shall
comply with all laws and regulations pertaining to regulated wetlands.
3.7 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, 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) An allocation of responsibility for repair and maintenance of all private streets. 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.
(c) A requirement for all fencing located adjacent to open space to be open -style such as
wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -type wooden
decorative fencing. All other fencing (i.e. cedar fencing, vinyl, chainlink) shall be prohibited.
(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.
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(e) In the event attached sidewalks are located adjacent to the private streets Owner shall install
street trees within the front yard at the corners of each lot to be located behind the sidewalk.
3.8 The proposed private streets within the Property shall be designed and constructed in conformance
with Eagle City Code Section 9-2-3-5.
3.9 The 60 -foot, 4 -inch high grain silo/personal wireless facility shall be a permitted use on the
Property. Owner shall be required to submit a design review application showing the location and
any proposed changes to the grain silo/personal wireless facility. The personal wireless facility
shall be in conformance with Eagle City Code Section 8-3-5(S). The design review application
shall be reviewed and approved by the Design Review Board and City Council prior to submittal
of final development plan and final plat applications.
3.10 The City is planning for potable water service for the Property and to provide such service agrees
to follow the City of Eagle Municipally Owned Water System PWS #4010201 and #4010222
Amended Master Plan (Revised September 2015) as reasonably amended from time to time
("Facilities Plan"). Owner has reviewed the Facilities Plan and agrees it is reasonable. The City
agrees that the Developments connection to the City's municipal water system is in accordance
with the Facilities Plan and payment of associated STL and related fees by the Owner under the
Facilities Plan shall serve as compliance with Eagle City Code section 6-5-23(C). Owner and the
City may establish a LID, latecomer fees or other equivalent methods for funding of such fees
consistent with the Facilities Plan. Upon approval of the preliminary development
plan/preliminary plat, Owner may continue to provide final development plan and final plat
applications to the City for processing. City agrees to reserve capacity in City Well No. 6 for 913 -
units upon Owner's payment of STL fees. Owner acknowledges that based on the capacity of the
municipal water system, the City may not sign the final plat(s) until City Well No. 6 has been
completed and becomes part of the City potable water distribution system. Only in the event the
City fails or otherwise refuses to provide potable water service to the Property and after receiving a
reasonable opportunity to cure such default consistent with this paragraph and this Development
Agreement, Owner may seek alternative potable water service from other capable providers. If
Owner obtains alternative potable water service from another capable provider after complying
with this Agreement and giving the City a reasonable opportunity to provide water service as
provided herein, Owner shall be relieved of any limitations on the transfer of Owner's water rights
under Paragraph 3.11 below.
3.11 Because the Facilities Plan provides for all the potable water needs of the Property, without
requiring the City to acquire any additional water rights, and because a previous Owner
participated in the construction of the City's Brookwood well, Owner shall not be required to
transfer any water rights to the City, unless the City purchases the same. All existing ground water
and surface water rights held by the Owner shall remain in the ownership of the Owner unless
transferred pursuant to this paragraph. Owner may apply to the Idaho Department of Water
Resources to convert the beneficial use of such water rights as necessary for development of the
irrigation and aesthetic needs of the Development. Owner agrees that prior to any transfer of the
water rights from the Property, Owner will provide the City a right of first offer for any ground or
surface water rights that the Owner determines, in its sole discretion, are no longer needed on the
Property for its intended development.
3.12 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit D.
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and
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3.13
3.14
approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each structure within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not be
accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not substantially conform to the design
requirements as shown on Exhibit D. If a building permit is denied, the applicant shall have the
right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section
8-7-4-1
Owner shall construct a neighborhood park area located within Lot 30, Block 17, (as shown on the
preliminary plat/PUD, date stamped by the City on April 11, 2019). The neighborhood park shall
be constructed with the amenities as identified on the Belvoir Neighborhood Park Conceptual
Landscape Plan (Exhibit E) that includes the 451St lot of the Traditional Neighborhood lots.
Owner shall construct the "Active Adult Living Amenity Concept' area located within Lot 246,
Block 1, (as shown on the preliminary plat/PUD, date stamped by the City on April 11,2019) with
the amenities as identified on the Belvoir Rec Center Conceptual Landscape Plan (Exhibit F) that
includes the 231st lot for the active adult area.
3.15 Owner shall provide playground equipment within Lot 1, Block 2 and Lot 10, Block 12 (as shown
on the preliminary plat/PUD, date stamped by the City on April 11,2019) prior to the City Clerk
signing the final plat for the associated phase containing those lots. Owner shall provide cut sheets
showing the playground equipment to be reviewed and approved by the City Council prior to
submittal of final development plan/final plat applications.
3.16 Owner shall provide and construct, a 10 -foot wide natural surface pathway along the eastern
portion of the property. The pathway shall be constructed to the City standard for natural surface
pathways and constructed concurrently with Phase No. 1 the applicable phase in which the portion
of pathway is located . The specific location and design of the
pathway shall be approved by the City prior to submittal of a design review application. The
pathway shall be located within a recorded 25 -foot wide easement or easements dedicated to and
accepted by the City of Eagle. The instrument number of the recorded easement or easements shall
be referenced on the face of the plat, upon recordation of the final plat(s) wherein the pathway is
located. The City shall also have the option to erect wayfinding and other signage as needed. The
pathway shall be maintained in perpetuity by the homeowner's association.
3.17 Owner shall provide and construct a lO-foot wide concrete surface detached sidewalk along North
Palmer Road between West Beacon Light Road and West Floating Feather Road. Approximately
215 -feet north of the intersection of North Palmer Road and West Floating Feather Road the 10 -
foot wide sidewalk shall extend east through Lot 8, Block 1 (as shown on the preliminary
plat/preliminary development plan, date stamped by the City on April 11, 2019) to provide
connectivity to West Floating Feather Road. The sidewalk shall be constructed to the City standard
for concrete surface pathways, or to ACRD standards, depending on location of the alignment.
The sidewalk shall be constructed concurrently with Phase No. 1 the applicable phase in which the
portion of sidewalk is located. The specific location and design of the sidewalk shall be approved
by the City prior to submittal of a design review application. The portion of the sidewalk located
within Lot 8, Block 1, shall be located within a recorded 25 -foot wide easement or easements
dedicated to and accepted by the City of Eagle. The instrument number of the recorded easement
or easements shall be referenced on the face of the plat, upon recordation of the final plat(s)
wherein the pathway is located. The City shall also have the option to erect wayfinding and other
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signage as needed. The pathway shall be maintained in perpetuity by the homeowner's association.
3.18 Owner shall provide a monetary contribution of ( $646,582) to a road
trust deposit established on behalf of ITD as identified in the executed agreement between Owner
and ITD (Exhibit G). The road trust deposit money shall be paid prior to the City Clerk signing
the final plat.
3.19 Owner shall place subdivision sign(s) containing information regarding the proposed development.
The subdivision sign(s) shall be located along all public roads located adjacent to the Property.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Commission voted 3 to 0 (Guerber and Smith absent) to recommend approval of CU-01-19fPPUD-01
19/PP-01-19
for Belvoir Estates Subdivision (Exhibit "A") for Toll Southwest, LLC, with the site specific
conditions of approval and standard conditions of approval provided within the staff report with strike
through text to be deleted by the Commission and underline text to be added by the Commission as
follows:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Comply with all conditions within the development agreement for rezone application RZ-10-07 MOD.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the City Clerk signing the final plat. (ECC 9-2-3 C][3] _1])
4. 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.
5. Provide a revised preliminary plat/PUD with lots located adjacent to the west property line of the
"Active Adult Living" area north of the adjacent Catholic Arch Diocese property to be a minimum of
8,000 -square feet in size. The revised preliminary plat/PUD should be provided prior to submittal of
final development plan/final plat applications.
6. Provide a revised preliminary platlpreliminary PUD showing the typical private street section with the
common lot a minimum of 59 -feet in width with a 33 -foot wide roadway section (measured from back
of curb to back of curb, an 8 -foot wide planter strip and detached 5 -foot wide sidewalks located on
each side of the street. The revised preliminary plat/preliminary PUD shall be provided prior to
submittal of final development plan/final plat applications. (ECC 9-3-2-5[B][3])
7. Provide a revised preliminary plat/preliminary PUD with plat notes #9 and #10 revised to include that
the referenced private street lots have a blanket public utility and drainage easement. The revised
preliminary plat/preliminary PUD shall be provided prior to submittal of final development plan/final
plat applications.
8. The required setbacks shall be as follows:
ACTIVE ADULT LIVING:
Minimum Lot Size
Maximum Lot Coverage
Minimum Lot Width
Setbacks:
Front
5,600 -square feet
55%
55 -feet
25 -feet (Garage)
15 -feet (Side Entry Garage)
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15 -feet (Living)
Rear 15 -feet
Side 5 -feet
Street Side 20 -feet
The residential dwellings shall be single -story (25 -feet maximum height).
GARDEN LOTS:
Minimum Lot Size 5,800 -square feet
Maximum Lot Coverage 50%
Minimum Lot Width 55 -feet
Setbacks:
Front
Rear
Side
Street Side
WOODLAND LOTS:
Minimum Lot Size
Maximum Lot Coverage
Minimum Lot Width
Setbacks:
Front
..; -
25 -feet (Garage)
15 -feet (Living)
15 -feet
5 -feet (first story) 2.5 -feet (each additional story)
20 -feet
9,000 -square feet
40%
75 -feet
25 -feet (Garage)
20 -feet (Living)
Rear 20 -feet
Side 7.5 -feet (first story) 5 -feet (each additional story)
Street Side 20 -feet
COUNTRYSIDE #1 LOTS:
Minimum Lot Size 13,000 -square feet
Maximum Lot Coverage 40%
Minimum Lot Width 90 -feet
Setbacks:
Front 30 -feet (Garage)
25 -feet (Living)
Rear 20 -feet
Side 10 -feet (first story) 5 -feet (each additional story)
Street Side 20 -feet
COUNTRYSIDE #2 LOTS:
Minimum Lot Size 10,000 -square feet
Maximum Lot Coverage 40%
Minimum Lot Width 85 -feet
Setbacks:
Front 25 -feet (Garage)
20 -feet (Living)
Rear 20 -feet
Side 7.5 -feet (first story) 5 -feet (each additional story)
Street Side 20 -feet
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9. Provide a revised preliminary plat/PUD showing 8 -foot wide pathways located within the following
locations:
• Lot 8, Block 1 — Pathway located between the east and west property boundary lines.
• Lot 6, Block 8 — Pathway leading to the neighborhood park area.
• Lot 85, Block 17 — Pathway from the school site.
• Lot 7, Block 20 — Pathway from the school site.
• Lot 30, Block 17 — Pathway located within the neighborhood park area.
• Lot 212, Block 1 — Pathway centrally located within the "Adult Living" area.
• Lot 327, Block 1 — Pathway centrally located within the "Adult Living" area.
The revised preliminary plat/PUD should be provided prior to submittal of final development plan and
final plat applications.
10. Provide a revised preliminary plat/preliminary PUD with plat note #3 revised to state, "The
development of this project shall be in accordance with the applicable City of Eagle Zoning Code and
Subdivision Code or as otherwise approved under a planned unit development." The revised
preliminary plat/preliminary PUD shall be provided prior to submittal of final development plan/final
plat applications.
11. Provide a revised preliminary plat/PUD with a new plat note which states, "This development
recognizes Idaho Code Section 22-4503, Right to Farm, which states: "No agricultural operation,
agricultural facility or expansion thereof shall be or become a nuisance, private or public, by any
changed conditions in or about the surrounding nonagricultural activities after it has been in operation
for more than one (1) year, when the operation, facility or expansion was not a nuisance at the time it
began or was constructed. The provisions of this section shall not apply when a nuisance results from
the improper or negligent operation of an agricultural operation, agricultural facility or expansion
thereof." The revised preliminary plat/PUD shall be provided prior to submittal of final development
plan/final plat applications.
12. Provide a revised preliminary plat with a new plat note which states, "Direct lot access to West Beacon
Light Road, West Floating Feather Road, and North Palmer Lane is prohibited unless approved by the
Ada County Highway District and the City of Eagle." The revised preliminary plat shall be provided
prior to submittal of final development plan/final plat applications.
13. Provide a revised preliminary plat with a new plat note which states, "This subdivision is subject to
covenants, conditions, and restrictions, Instrument No. and as amended. The
homeowner's association cannot be dissolved without the express consent of the City of Eagle." The
revised preliminary plat shall be provided prior to submittal of final development plan/sinal plat
applications.
14. Provide a revised preliminary plat with a new plat note which states, "Any re -subdivision of this plat
shall comply with applicable zoning and subdivision regulations in effect at the time of re -subdivision.
The revised preliminary plat shall be provided prior to submittal of final development plan/final plat
applications.
15. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. 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 Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
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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.
16. 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 withi 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.
17. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall
be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7 (J).
18. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk
signing the final plat. (ECC 9-4-1-8)
19. The applicant shall be required to abandon the existing septic system(s) and drainfield(s) located
onsite. Upon removal the applicant shall provide documentation from the contractor constructing the
subdivision indicating the septic system(s) and drainfield(s) were properly abandoned prior to the City
Clerk signing the final plat.
20. Belvoir Estates Subdivision shall remain under the control of one Homeowners' Association.
21. Provide a revised preliminary plat with a new note which states, "The Belvoir Estates Homeowner's
Association shall own and maintain the pressurized irrigation pump and all appurtenances associated
with the pressurized irrigation system." The revised preliminary plat shall be provided prior to the City
Clerk signing the final plat.
22. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain
the pressurized irrigation system and all common landscape areas in the subdivision are maintained in
a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees in perpetuity.
23. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of final development plan/final plat applications.
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.
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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 to
the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond 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, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, 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.
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12. 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.
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.
13. 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.
14. 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.
135. An approval letter from the Eagle Fire Department and the Star Fire Protection District shall be
submitted to the City prior to the City Engineer signing the final plat. The letter shall include the
following comments and minimum requirements, and any other items of concern as may be
determined by the Eagle Fire Department and Star Fire Protection District 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 and Star Fire Protection District prior to the City Engineer signing
the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department and Star Fire Protection District prior
to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department and Star Fire Protection District prior to issuance of a building permit.
16. 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.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
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18. 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.
19. 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 Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
21. 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".
22. 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.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. 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
P
lat.
26. Basements in homes in the flood plain are prohibited.
27. 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.
28. 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.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
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30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A03-19fRZ-08-19) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The R -2 -DA (Residential with a development agreement), R -4 -DA (Residential with a
development agreement), and MU -DA (Mixed Use with a development agreement) zoning
districts are consistent with land use designations as shown on the Comprehensive Plan Land Use
Map in effect at the time the original development agreement was executed (Ada County,
instrument #107164794), as permitted within the conditions of development;
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 R -4 -DA (Residential with a development agreement) and MU -DA (Mixed Use with a
development agreement) zoning districts are compatible with the RUT (Rural -Urban Transition —
Ada County designation) and R1 (Estate Residential — Ada County designation) and land uses to
the north since these areas are designated Village and Community Center, Compact Residential,
and Large Lot Residential in the Comprehensive Plan and a majority of the area may be developed
with commercial uses and residential development similar in density to the subject site. The
subject site is also bordered on the north by West Beacon Light Road (minor arterial), the
applicant will be required to construct a 50 -foot wide landscape buffer located along the road;
d. The R -2 -DA (Residential with a development agreement), R -4 -DA (Residential with a
development agreement), and MU -DA (Mixed Use with a development agreement) zoning
districts is compatible with the R -2 -DA -P (Residential with a development agreement — PUD) are
compatible with the R -2 -DA -P (Residential with a development agreement — PUD) and land use to
the south since this area is designated Neighborhood Residential in the Comprehensive Plan and a
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majority of area may be developed with residential development similar in density to the subject
site. The subject site is also bordered on the south by West Floating Feather Road (minor arterial),
the applicant will be required to construct a 50 -foot wide landscape buffer located along the road;
e. The R -2 -DA (Residential with a development agreement), R -4 -DA (Residential with a
development agreement), and MU -DA (Mixed Use with a development agreement) zoning
districts are compatible with the RUT (Rural -Urban Transitional — Ada County designation) zone
and land use to the east since this area is designated Neighborhood Residential in the
Comprehensive Plan and may be developed with a residential development similar in density to R-
2 -DA (Residential with a development agreement). The site will also contain a common lot along
the entire length of the east property line which will provide an additional buffer to the adjacent
property;
f. The proposed R -2 -DA (Residential with a development agreement), R -4 -DA (Residential with a
development agreement), and MU -DA (Mixed Use with a development agreement) zoning
districts and land use to the west since this area is designated Village and Community Center,
Compact Residential, and Neighborhood Residential in the Comprehensive Plan and may be
developed with a residential development of similar density as the subject site;
The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan; and
h. No non -conforming uses are expected to 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 (CU-05-19JPPUD-04-19fPP-.06-19) and
based upon the information provided concludes that the proposed development is in accordance with
the City of Eagle Comprehensive Plan and established goals and objectives because:
a. That the proposed 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 subject property has operated as a commercial feedlot for over 70 years. The site was annexed
into the City of Eagle in 2007, however, it continued to operate as a feedlot. With the expansion of
urban development in the area, the current agricultural use became incompatible with the single-
family residential uses. The contribution to the economic welfare of the Eagle community will be
enhanced by the proposed development, improvements, and recreational amenities; and
b. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
The proposed design shows sensitivity to the natural topography, waterways, and trees. The
proposed collector providing access to the property from West Beacon Light Road is in alignment
with North Hartley Lane. The site will contain a 60 -foot wide buffer located along West Beacon
Light Road in proximity to the residential area of the development. The site will also contain an
elementary school site located at the southwest corner of West Beacon Light Road and North
Hartley Way. There will be a 35 to 45 -foot wide landscaped buffer located along North Palmer
Lane with modulation in lot configurations to provide an open corridor. The proposed
development will not change the character or appearance that has been established with the
adjoining development; and
g.
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c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
Belvoir Estates Subdivision is proposed to be developed in a manner harmonious with existing and
future uses in the immediate vicinity; and
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The development is planned for residential, similar to the character of the surrounding area. It is
not anticipated that any uses or activities will be detrimental to the surrounding properties upon
completion of the site work. Belvoir Estates Subdivision will be served by North Palmer Lane
(collector), West Beacon Light Road (minor arterial), and West Beacon Light Road (minor
arterial) and an internal street network located within the development; and
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
All central services are available to be extended to the site, as noted within the letters provided by
the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and
other urban services will be provided at the developer's expense. The applicant will be
contributing $646,582.00 into a road trust held on behalf of the Idaho Transportation Department
or constructing improvements to the state highway system to mitigate the impact to the state
highway system. At buildout, the development will generate approximately $3,290,45.00 in tax
revenue annually to the respective taxing entities; and
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
g.
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the Eagle Sewer District, City of Eagle Water Department,
Ada County Highway District, or the Idaho Transportation Department; and
That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non -PUD proposal.
The development will contain 22.7% (not inclusive of the park site) of dedicated open space
consisting of the required buffer areas located adjacent to North Palmer Lane, West Floating
Feather Road, and West Beacon Light Road. The remaining open space areas are inclusive of
swimming pools, playground areas with tot lots, clubhouse (inclusive of fitness room, studio, and
great room) pickleball courts, bocce ball courts, gathering areas, picnic shelters, and pathways
providing connectivity throughout the development; and
h. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
The development will include stub streets to the adjacent parcels which will provide intra -
neighborhood connectivity upon development of the adjacent properties. Access to the
development will be from West Beacon Light Road (North Hartley Way), West Floating Feather
Road (North Ardennes Avenue), and North Palmer Lane (West Belvoir Drive and West Seine
River Lane). The site is also designed to allow for a future roundabout at the intersection of West
Beacon Light Road and North Palmer Lane. The design and construction of the roadways and
entrances is guided by the Ada County Highway District; and
Page 46 of 49
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Belvoir Estates Sub pzf.doc
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
No natural, scenic, or historic features of major importance are known to exist on the site; and
That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
Condition of Development #1.3 of the executed development agreement (Ada County instrument
#107164794) required that development of the property shall be in conformance with the City of
Eagle's comprehensive plan in effect at the time the development agreement was recorded. The
comprehensive plan in effect at that time contained the following land use designations associated
with the site; 1) Village Center (80 -acres), 2) Residential Four (85 -acres), and Residential Two
(207 -acres). The proposed development is in conformance with the comprehensive plan in effect at
the time of execution of the development agreement; and
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This application requests approval for a conditional use permit, preliminary development plan as
outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the
conditions herein and the executed development agreement associated with the site. Also, a
personal wireless facility (height -over 35 -feet) and a structure over 35 -feet in height may be
permitted in the MU (Mixed Use) zoning district if a conditional use permit is approved by the
City Council. In addition, the developer will be required to submit an application for design review
and comply with all Eagle City Codes and conditions of approval of the design review; and
1. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
Residential and an elementary school site are the only uses approved for this development. The
elementary school site location is near the residential development currently occurring within the
area.
In case of large — scale PUDs (incorporating fifty (50) or more lots or dwelling units):
m. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open space,
recreation, maintenance, schools and solid waste collection.
The public services that would be provided to the development include the following:
Fire Protection
The development is located within the boundaries of the Eagle Fire District (east of North Palmer
Lane) and Star Fire Protection District (west of North Palmer Lane).
Police Protection
The project will be served by the Eagle Police Department.
Water Service
The project is located within an area that is served by the City of Eagle Municipal Water System.
There is currently a new well under construction (City of Eagle Well No. 6) which will provide
service to the subject development. The water infrastructure will be constructed at the developer's
expense.
Page 47 of 49
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Sewer
The property is located within the boundaries of the Eagle Sewer District. The Eagle Sewer
District had a regional sewer lift station located near the proposed development. Prior to the
developer installing the required sewer infrastructure, the developer will be required to comply
with the District requirements.
Road Construction
The construction of all roads within the development will be completed by the developer. Upon
completion, the roads will either be dedicated to the Ada County Highway District (public streets)
or maintained by the homeowner's association (private streets).
Open Space
The development will contain a minimum of 22.7% (without the park site) of passive and active
open space providing the residents with a swimming pools, tot lots, clubhouse, and additional
recreation amenities. A system of pedestrian pathways will provide the residents a safe and
efficient way to move through the development. The project will also generate park impact fees to
be utilized for the creation of additional parks or add new equipment to existing parks within the
City of Eagle.
Maintenance
The maintenance of any private open space areas will be regulated by the Belvoir Estates
Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and
maintained by the respective agencies.
Schools
Belvoir Estates Subdivision is located within the West Ada School District boundaries. The
applicant is donating an elementary school site to the school district.
Solid Waste Collection
Solid waste collection is provided by Republic Services through a contract with the City of Eagle.
n. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
The development will not create excessive additional requirements at public cost for public
facilities and services because the facilities and services will be constructed at the expense of the
developer as conditioned within the approval.
o. That an estimate of the tax revenue that will be generated from the development has been provided
by the developer.
The estimated tax revenue generated to the City of Eagle from the development at build -out is
approximately $266,827/annually (with Homeowner's Exemption).
That suggested public (or private) means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. The developer provides the services in the initial stages of
development, therefore, the public service providers avoid potential liability and expenses.
13-
Page
48 of 49
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Belvoir Estates Sub pzf.doc
DATED this 19th day of August, 2019.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chaim
ATTEST:
an
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Sharon K. Bergmann, Eagle City Clej(
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Page 49 of 49
K:APlanning Dept\Eagle Applications\Preliminary Development flans\?O l9\Belvoir Estates Sub pil.doc
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NET DENSITY: 4.53 DU/Ac
AVERAGE LOT SIZE 9,609.9 SF
COMMON LOTS: 56
COMMON DRIVE LOTS: 2
PRIVATE ROADS: 6
WEST ADA SCHOOL DIS'TRICT LOT: 1
EAGLE CRY PARK: 1
TOTAL LOTS: 979
RESIDENTIAL AREk 201.42 kr.
COMMON AREA: 69.91 kr.
RIGHT-OF-WAY: 61.22 Acr.
PRIVATE ROADS: 17.48 kr.
SCHOOL LOT: 10.09 kr.
CITY PARK LOT: 12.09 kr.
COMMON DRIVE LOTS: 0.10 kr.
DOSTING ZONING: MU -K R -4 -DA.
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NOTES
�c��^=s��.�-s��.�='^`^'~`~^
' -'-`'''~'''-`-'-^'AS OTHERWISE APPROVED UNDER A PLANNED DEVELOPMENT.'
4. ALL DEVELOPMENT .1IN ThE SUBDMSION SHAU. BE IN CONFORMANCE .1 THE CONDMONS OF DEVELOPMENT WITHIN THE CEVEIDPMEN
AGREEMENT ASSOCIATED WITH RZ-10-07 MOD AND ANY SUBSEQUENT MODIFICATIONS TO THE DENELOPMENT AGREEMENT.
5. SUBJECT PROPER,' DOES NOT F. WITHIN ANY FEMA FLOOD HAZARD IONE - REFERENIX FIRM PANEL 16001C0135H, DATED FEBRUARY
19. 2003.
6. AU. SINGLE-FAMILY LOTS ARE HEREBY DESIGNATED AS HAVING A PERMANENT EASDAENT FOR PROPERTY DRAINAGE. IRRIGATION AND PUBLIO
UTILITIES OVER THE TWELVE (12) FEET ADJACENT TO ANY PUBUC OR PRIVATE 311.LI OR SUBDNISION BOUNDARY. THIS EASEMENT SHALL
NOT PRECLUDE 'THE CONSTRUCTION OF HARD -SURFACED DRIVEWAYS AND WAUCWAYS TO EACH LOT. THERE SHALL. BE A FNE (5) FOOT
PROPERTY DRAINAGE. IRRIGATION AND PUBUC UTIUTY EASEMENT AWACENT TO . SINGLE-FAMILY LOT UNES WHICH DO NOT FRONT A
PUBUC OR PRNATE STREET.
7.PERMIT OR AS OTHERWISE APPROVED UNDER MINIMUM BUILDING SETBACK UNES SHALL BE
�'��`�~��,�'..�.`�".��^~
. TRADMONAL COMMUNITY COMMON LOTS: LOTS 8. 24. AND 32 KOCK 1; LOTS 1 AND 17. BLOCK 2; LOT 30. BLOCK 3; LOT 11. BLOCK 4
EASEMENTSBLOCK 17; LOT 1. BLOCK 18; LOT 1 AND 7. BLOCK 19; AND LOTS 7 AND 14. BLOCK 20.
. COMMON LOTS WHIN NE TRADMONAL AREA WILL BE OWED AND MAINTAINED BY
ALL COMMON LOTS SH. BE SUBJECT TO BLANKET EASEKNTS OR sPEanc PATHWAYS.
PRESSURE IRRIGATION, GRAVITY IRRIGATION. AND tyrunEs.
9. ACTIVE ADULT
-`��. EGRESS, LMUTIES. DRAINAGE. PRESSURE IRRIGATION AND PATHWAYS Y. BE ESTABLISHED AND MAINTENANCE GOVERNED UNDER THE
`---``^'`''``-^~`~''`'''
10. TRADMONAL AREA PRNATE rect.: LOTS 62 AND 82. BLOCK 6; AND LOT 43. BLOCK 17. ARE PRIVATE STREET LOTS. EACH LOT
OWNER SERVED BY THE PRIVATE biRr.t.14 WITHIN THE SUBDMSION 6 GRANTED THE PERPETUAL lt,GHT OF INGRESS AND EGRESS OVER
THE DESCRIBED PRNATE STREETS; SUCH PERPETUAL EASEMENT SHAU. RUN WITH THE LAND. RESTRICTNE COVENANTS FOR
.*.�.~,.s'``'`'-`"`-''~'''~'''''^- ,ACTNE ADULT UVING COMMUNITY PRNATE ,Mt.t.13: LOTS 83. 219 AND 274. BLOCK 1. ARE PRNATE LOTS. acH LOT 01W4O1SERVED BY THE PRIVATE STREETS WITHIN THE SU8DMSION IS GRANTED THE PERPETUAL KW OF INGRESS AND EGRESS OVER ThEDESCRIBED PRIVATE STREETS; SUCH PERPETUAL EASEMENT SHALL RUN WITH THE IAND. RESTRICTIVE COVENANTS FOR MAINTENANCE OF THIPRIVATE 4ertt.t.i CANNOT BE MODIFIED AI40 THE HOMEOWNERS' ASSOCIATION CANNOT BE DISSOLVED WITHOUT THE EXPRESS CONSENT OFTHE aTY OF EAGLE.60. Aw
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