Findings - CC - 2019 - RZ-15-18 / CU-07-18 / PPUD-05-18 / PP-11-18 - 12 Lot Subdivision At 1795 / 1797 W Floating Feather RoadO'IGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A REZONE WITH A DEVELOPMENT
AGREEMENT, CONDITIONAL USE PERMIT
PRELIMINARY DEVELOPMENT PLAN, AND
PRELIMINARY PLAT FOR HIDDEN POND
SUBDIVISION FOR CREEK WATER, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-15-18/CU-07-18IPPUD-05-18IPP-11-18
The above -entitled rezone with a development agreement, conditional use permit, preliminary development
plan, and preliminary plat applications came before the Eagle City Council for their action on August 13,
2019, at which time public testimony was taken and the public hearing was closed. The Commission made
their decision at that time. The 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:
Creek Water, LLC, represented by Mark Butler, is requesting a rezone from R -E (Residential -
Estates) to R-3--DA-P (Residential with a development agreement — PUD), conditional use permit,
preliminary development plan, and preliminary plat approvals for Hidden Pond Subdivision, a 12 -
lot (9 -buildable, 2 -common, 1 -private road) residential planned unit development. The 9.85 -acre
site is located on the south side of West Floating Feather Road approximately 750 -feet east of the
intersection of North Ballantyne Lane and West Floating Feather Road at 1795 and 1797 West
Floating Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Eagle Sewer District conference room at 6:00 PM, on
Wednesday, September 19, 2018, in compliance with the application submittal requirement of
Eagle City Code. The applications for this item was received by the City of Eagle on November
15, 2018. Supplemental engineering information and a revised preliminary plat were provided to
the City on March 12, 2019, to address concerns identified within the City Engineer's letter, dated
December 13, 2018.
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 May 31, 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 May 28, 2019. Requests for agencies' reviews
were transmitted on July 17, 2018, in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with the Eagle City Code on June 6, 2019.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on July 26,
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 24, 2019. The site was posted in accordance with the Eagle City
Code on August 2, 2019.
Page 1 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub cct.docx
D. HISTORY OF PREVIOUS ACTIONS:
On November 27, 2001, the Eagle City Council approved a rezone from A (Agriculture) to R -E
(Residential -Estates) for Mike Malterre (RZ- 10-01).
On November 27, 2001, the Eagle City Council approved a lot split for Mike Malterre (LS -03-01).
E. COMPANION APPLICA1lONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION
Existing Large Lot
Residential
Proposed No Change
North of site Large Lot
Residential
R -E (Residential -Estates)
R -3 -DA -P (Residential
with a development
agreement and PUD)
R -E (Residential -Estates)
South of site Large Lot A -R (Agricultural -
Residential Residential)
East of site Large Lot
Residential
R -1 -DA (Residential
with a development
agreement)
LAND USE
Two (2) single-family
residences
Single -Family, Residential
Planned Unit Development
Two (2) single-family
residences (Unplatted parcel
and Hesse Subdivision)
Single-family residence
(Bakers Acres Subdivision)
Single-family residential
(Covenant Hill Subdivision)
West of site Large Lot R-1 (Residential) Single-family residential
Residential (Lockwood Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, i'DA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site — 9.85 -acres
Total Number of Lots — 13
Total Number of Units — 9
Residential — 9 (8-buildalbe, 1 -existing)
Commercial — 0
Industrial — 0
Common — 4 (3 -common, 1 -private road)
Single-family — 9 (8 -buildable, 1 -existing)
Duplex — 0
Page 2 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub cct.docx
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data
Dwelling Units Per Gross Acre
Minimum Lot Size
Proposed Required
.91 -dwelling units per acre
.91 -dwelling units per acre
(as limited within the
development agreement)
11,003 -square feet 10,000 -square feet
(minimum)
Minimum Lot Width 90 -feet
Minimum Street Frontage (for lots 0 -feet (Lots 12 and 13 served
adjacent to a street) by a shared driveway)
Total Acreage of Common Area 2.10 -acres*
Open Space
Percent of Site as Common Area 21.3%*
Open Space
75 -feet
35 -feet
1.97 -acres
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.
* The calculation does not include the area identified on the preliminary plat as Lot 4 associated with the
private street.
GENERAL Sii'E DESIGN FEATURES:
Landscape Screening:
The northern property line is located adjacent to West Floating Feather Road which is classified as
a minor arterial. The applicant is proposing a 50 -foot wide buffer area located adjacent to West
Floating Feather Road.
Open Space:
A total of 2.10 -acres, approximately 21.3% of open space is proposed within the residential
subdivision. The open space is inclusive of the planter strips (located on each side of the private
street), the buffer area located adjacent to West Floating Feather Road, and a centralized lot (Lot
11 — 73,833 -square feet) which will include a pond, dock, and gazebo. Pathways will be provided
for pedestrian circulation throughout the common lot. The site also contains a common lot (Lot 4
— 20,912 -square feet) which contains a private street. Lot 4, containing the private street, is not
included in the open space calculation.
Page 3 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub ccf.docx
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping,
will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be
reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
The preliminary plat, date stamped by the City on March 12, 2019, notes easement widths which
are in conformance with Eagle City Code Section 9-3-6.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District. The subdivision will
be served by Suez Water.
On-site Septic System:
There are existing septic systems that currently serves both houses located on the site. The
preliminary plat, date stamped by the City on March 12, 2019, shows the existing house located at
1795 West Floating Feather Road will be demolished. The applicant is proposing to abandon both
septic systems during construction of the subdivision. The existing house located at 1797 West
Floating Feather Road is proposed to be connected to central sewer.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees, watercourses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
J. STREET DESIGN (based on the preliminary plat, date stamped by the City on March 12, 2019):
Public Streets: None
Private Street:
The private street typical road section shows a 30 -foot wide street section (contained within a
common lot). The area of the private street located within the common lot contains 29 -feet of travel
way (as measured from back of curb to back of curb) with 2 -foot wide vertical curb and gutter
located on each side of the travel way. The street section shows an 8 -foot wide landscape easement
located on one (1) side of the private street outside of the right-of-way area and a 13 -foot wide
landscape easement area (inclusive of an 8 -foot landscape easement and 5 -foot wide sidewalk)
located on the opposite side of the street, outside of the right-of-way.
Applicant's Justification for Private Streets:
See applicant's justification letter, date stamped by the City on May 22, 2019.
Blocks Less Than 500': None.
Page 4 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub ccf.docx
Cul-de-sac Design:
The preliminary plat, date stamped by the City on March 12, 2019, shows North Hidden Pond Lane
with a hammerhead turnaround. The proposed hammerhead is approximately 360 -feet from the
intersection of North Hidden Pond Lane and West Floating Feather Road.
Sidewalks:
A detached five-foot (5') wide detached concrete sidewalk is proposed abutting the planter strip
located on the south side of the private lane.
Curbs and Gutters:
The preliminary plat, date stamped by the City on March 12, 2019, shows the street section with
vertical curb and gutter located on each side of the private street.
Lighting:
Lighting for the proposed 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 Orr -SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
See preliminary plat, date stamped by the City on March 12, 2019, for pathway locations.
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: None proposed.
M. PUBLIC USES SHOWN ON FIJTURE ACQUISITIONS MAP: No map currently exists.
N. SPECIAL ON-S1'iE IEA'WRES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes — located adjacent to the perimeter of the site, east side of the existing driveway
providing access to 1797 West Floating Feather Road, and in proximity to the two (2) existing
residences.
Riparian Vegetation — no
Steep Slopes — yes
Stream/Creek — no
Unique Animal Life — no
Unique Plant Life — no
Unstable Soils — no
Wildlife Habitat — no
Page 5 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub cct.docx
O. SUMMARY OF REVIEW OF ENVIRONMENI'AL ASSESSMEN 1 PLAN (th REQUIRED):
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 April 23, 2019, are of special
concern (attached to the staff report).
Ada County Highway District (ACHD)
Andeavor (formerly known as Tesoro Logistics)
Boise River Flood Control District #10 (email correspondence received from Jared Richardson)
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
New Dry Creek Ditch Company (email correspondence received from Ron Sedlacek)
Q. LE'i"iERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from Steve Crane, date stamped by the City on May 31, 2019.
R. PROPOSED 'I'IME SCHEDULE FOR THE DEVELOPMENT OF THE SII'E:
The applicant is proposing to construct the subdivision in one (1) phase.
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMEN i PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMI'i:
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.
Page 6 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub cct:docx
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.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
6.3 Land Use Designations:
The Comprehensive Land Use Map (adopted November 14, 2017), designates this site as the
following:
Large Lot Residential
Suitable primarily for single family residential adjacent to Estate Residential uses. Densities range
from 1 unit per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for
densities higher than 1 unit per 2 acres. Open spaces and parks in this area will be generally limited.
Land uses in this category will tend to appear as suburban large lot and generally less agrarian than
the Estate Residential and Agricultural/Rural designations.
Chapter 6 — Land Use (Page 65 states in part)
The City reserves the right to limit density based on compatibility with existing adjacent uses
including, but not limited to, the transition of lot sizes, compatibility of use, the intensity of use,
the overall design of a project, the impact to infrastructure, and the ability to serve a specific use or
project.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations for the
R-3 (Residential) zone:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Width I*
Sq. Ft.) G
And H*
R-3 35' 30' 25' 7.5' 20' 40% 10,000 75'
8-2-4(G):
All front load garages shall be set back a minimum of 25 -feet from the back of sidewalk.
• Eagle City Code Section 8 -2A -7(J)(4): Landscape and Buffer Area Requirements:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi -family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy,
Page 7 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub ccf.docx
potentially dangerous, high speed roads. The "buffer area" shall be defined as a common
lot located between the residential lots within the subdivision and the right of way line of
the adjacent roadway. This buffer is required as part of the common area open space owned
and maintained by a homeowners' association. Any landscaping proposed to be within the
public right of way shall not be included as a part of the buffer area required below. The
height for berming/fencing, as noted below, shall be measured from the elevation of the
final grade of the adjacent roadway (measured at the centerline) to the top of the proposed
berming/fencing. The required buffer area width, plantings, and fencing are as follows:
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.
C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-1-6: Rules and Definitions:
HILLSIDE SUBDIVISION: Any subdivision, or portion thereof, having an average slope of
ten percent (10%) or more.
• 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 no more than ten percent (10%) of the
lots within a planned unit development 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.
Page 8 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub ccf.docx
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.
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
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.
Page 9 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub cct.docx
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:
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 Cl of this section. Said restrictive covenant
shall also provide that the said covenant shall run with the land and that the said
covenant cannot be modified and that the homeowners'/property owners' association
or other entity cannot be dissolved without the express consent of the city. The said
restrictive covenant shall be reviewed and approved by the city attorney prior to
certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private 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
Page 10 of 30
KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub ccf.docx
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.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner
lots shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in subsection 8 -2A -7J of this code. Chainlink, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted within the above designated areas. A section
within the subdivision CC&Rs shall be created for the regulation of fences to this effect.
• Eagle City Code Section 9-5-3: Hillside Subdivisions:
9-5-3-1: PRESERVATION OF NATURAL 1EATURES:
In order to preserve, retain, enhance and promote the existing and future appearance, natural
topographic features, qualities and resources of hillsides, special consideration shall be given
to the following:
B. Rolling grassy landforms, including knolls, ridges and meadows;
9-5-3-2: DEVELOPMENT EVALUATION:
A. All development proposals shall take into account and shall be judged by the way in which
land use planning, soil mechanics, engineering geology, hydrology, civil engineering,
environmental and civil design, and architectural and landscape design are applied in
hillside areas, including, but not limited to:
1. Planning on development to fit the topography, soils, geology, hydrology and other
conditions existing on the proposed site;
2. Orientation of development on the site so that grading and other site preparation is kept
to an absolute minimum;
3. Shaping of essential grading to blend with natural landforms and to minimize the
necessity of padding and/or terracing of building sites;
4. Division of large tracts into smaller workable units on which construction can be
completed within one construction season so that large areas are not left bare and
exposed during the winter -spring runoff period;
5. Completion of paving as rapidly as possible after grading;
6. Allocation of areas not well suited for development because of soil, geology or
hydrology limitations for open space and recreation uses;
7. Minimizing and disruption of existing plant and animal life; and
8. Consideration of the view from and of the hills.
B. Areas having soil, geology or hydrology hazards shall not be developed unless it is shown
that:
1. Their limitations can be overcome;
2. Hazard to life or property will not exist;
3. The safety, use or stability of a public way or drainage channel is not jeopardized; and
Page 11 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub ccf.docx
4. The natural environment is not subjected to undue impact.
9-5-3-3: ENGINEERING PLANS:
The developer shall retain a professional engineer(s) to obtain the following information:
A. Soils Report: For any proposed hillside development, a soils engineering report shall be
submitted with the preliminary plat. This report shall include data regarding the nature,
distribution and strength of existing soils, conclusions and recommendations for grading
procedures, design criteria for corrective measures and opinions and recommendations
covering the adequacy of sites to be developed.
B. Geology Report: For any proposed hillside development, a geology report shall be
submitted with the preliminary plat. This report shall include an adequate description of
site geology and an evaluation of the relationship between the proposed development and
the underlying geology and recommendations for remedial remedies.
The investigation and subsequent report shall be completed by a professional geologist
registered in the state of Idaho.
C. Hydrology Report: For any proposed hillside development, a hydrology report shall be
submitted with the preliminary plat. This report shall include an adequate description of
the hydrology, conclusions and recommendations regarding the effect of hydrologic
conditions on the proposed development, and opinions and recommendations covering the
adequacy of sites to be developed. (Ord. 566, 5-15-2007)
9-5-3-4: GRADING PLANS:
A. Preliminary Grading Plan: A preliminary grading plan shall be submitted with each hillside
preliminary plat proposal and shall include the following information:
1. Approximate limiting dimensions, evaluations or finish contours to be achieved by the
grading, including all cut and fill slopes, proposed drainage channels and related
construction;
2. Preliminary plans and approximate locations of all surface and subsurface drainage
devices, walls, dams, sediment basins, storage reservoirs and other protective devices
to be constructed; and
3. A description of methods to be employed in disposing of soil and other material that is
removed from the grading site, including the location of the disposal site.
B. Final Grading Plan: A final grading plan shall be submitted with each final plat and shall
include the following information:
1. Limiting dimensions, evaluations or finish contours to be achieved by the grading,
including all proposed cut and fill slopes and proposed drainage channels and related
construction;
2. Detailed plans and locations of all surface and subsurface drainage devices, walls, dams,
sediment basins, storage reservoirs and other protective devices to be constructed; and
3. A schedule showing when each stage of the project will be completed, including the
total area of soil surface which is to be disturbed during each stage together with
estimated starting and completion dates. In no event shall the existing natural
vegetative ground cover be destroyed, removed or disturbed more than fifteen (15)
days prior to grading.
Page 12 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub cct.docx
9-5-3-5: Development Standards:
A. Soils:
1. Fill areas shall be prepared by removing organic material such as vegetation and
rubbish, and any other material which is determined by the soils engineer to be
detrimental to proper compaction or otherwise not conducive to stability. No rock or
similar irreducible material with a maximum dimension greater than eight inches (8")
shall be used as fill material in fills that are intended to provide structural strength.
2. Fills shall be compacted to at least ninety five percent (95%) of maximum density, as
determined by AASHTO T99 and ASTM D698.
3. Cut slopes shall be no steeper than two (2) horizontal to one vertical. Subsurface
drainage shall be provided as necessary for stability.
4. Fill slopes shall be no steeper than two (2) horizontal to one vertical and shall not be
located on natural slopes two to one (2: 1) or steeper, or where fill slopes toes out within
twelve feet (12') horizontally of the top of an existing or planned cut slope.
5. Tops and toes of cut and fill slopes shall be set back from property boundaries a distance
of three feet (3') plus one-fifth (1/5) of the height of the cut or sill but need not exceed
a horizontal distance of ten feet (10'). Tops and toes of cut and fill slopes shall be set
back from structures a distance of six feet (6') plus one-fifth (1/5) the height of the cut
or fill, but need not exceed ten feet (10').
6. The maximum horizontal distance of disturbed soil surfaces shall not exceed seventy
five feet (75').
B. Roadways:
1. Road alignments should follow natural terrain and no unnecessary cuts or fills shall
be allowed in order to create additional lots or building sites.
2. One-way streets shall be permitted and encouraged where appropriate for the terrain
and where public safety would not be jeopardized. Maximum width shall be seventeen
feet (17') between the backs and curbs.
3. The width of the graded section shall extend three feet (3') beyond the curb back or
edge of pavement on both the cut and fill sides of the roadway. If sidewalk is to be
installed parallel to the roadway, the graded section shall be increased by the width of
the sidewalk plus one foot (1') beyond the curb back.
4. Standard six inch (6") vertical curb and gutter shall be installed along both sides of all
paved roadways.
C. Driveways And Parkings: Combinations of collective private driveways, cluster parking
areas and on street parallel parking bays shall be used to attempt to optimize the objectives
of minimum soil disturbance, minimum impervious cover, excellence of design and
aesthetic sensitivity.
9-5-3-6: VEGETATION AND REVEGETATION:linklink
A. The developer shall submit a slope stabilization and revegetation plan which shall include a
complete description of the existing vegetation, the vegetation to be removed and the
method of disposal, the vegetation to be planted and slope stabilization measures to be
installed. The plan shall include an analysis of the environmental effects of such operations,
including the effects on slope stability, soil erosion, water quality and fish and wildlife.
Page 13 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub cct.docx
B. Vegetation sufficient to stabilize the soil shall be established on all disturbed areas as each
stage of grading is completed. Areas not contained within lot boundaries shall be protected
with perennial vegetal cover after all construction is completed. Efforts shall be made to
plant those species that tend to recover from fire damage and do not contribute to a rapid
rate of fire spread.
C. The developer shall be fully responsible for any destruction of native vegetation proposed
for retention. He shall carry the responsibility both for his own employees and for all
subcontractors from the first day of construction until the notice of completion is filed. The
developer shall be responsible for replacing such destroyed vegetation. (Ord. 566, 5-15-
2007)
9-5-3-7: MAINTENANCE REQUIRED:
The owner of any private property on which grading or other work has been performed pursuant
to a grading plan approved or a building permit granted under the provisions of this title shall
continuously maintain and repair all graded surfaces and erosion prevention devices, retaining
walls, drainage structures or means, and other protective devices, plantings and ground cover
installed or completed.
D. DISCUSSION (based on the preliminary plat and development plan, date stamped by the City on
March 12, 2019):
• The subject property is designated Large Lot Residential on the Comprehensive Plan Land Use
Map. Large Lot Residential allows for densities of 1 unit per acre to 1 unit per 2 acres. The
minimum lot size in a R-1 (Residential — up to lunit per acre) zone is 37,000 -square feet. The
applicant is requesting a R-3 (Residential) zoning designation to allow for smaller lot sizes.
The proposed subdivision has 5 lots located on the east side of Hidden Pond Lane which vary
in size from 11,002 — 24,649 -square feet. Although the proposed density is in conformance
with the Comprehensive Plan, the Comprehensive Plan contains language which states in part,
the City reserves the right to limit density based on compatibility with existing adjacent uses
including, but not limited to, the transition of lot sizes, compatibility of use, the intensity of
use, and the overall design of the project. Based on the design and sizing of the lots they do not
provide a good transition of lot sizing or lot alignment with the adjacent lots located within
Covenant Hill Subdivision. With the removal of one lot located on the east side of the Hidden
Pond Lane the lots would have a one to one transition with the adjacent lots located within
Covenant Hill Subdivision. The applicant should provide a revised preliminary plat showing
Lots 7 and 8, Block 1, combined into a single lot. The revised preliminary plat should be
provided prior to submittal of final development plan/sinal plat applications.
• Pursuant to Eagle City Code Section 8-2-4, the required setbacks within the R-3 (Residential)
zone are as follows:
Front 30 -feet
Rear 25 -feet
Side 7.5 -feet, 12.5 -feet (second story)
Street Side 20 -feet
Maximum coverage 40%
The applicant is proposing the setbacks to be in conformance with Eagle City Code, however,
the preliminary plat shows the front setback on the lots located on the south side of West Hidden
Pond Lane 20 -feet from the back of sidewalk. Pursuant to Eagle City Code Section 8-2-4 (G),
all front load garages are to be set back a minimum of 25 -feet from the back of sidewalk. The
street section shown on the preliminary plat shows the 8 -foot wide planter strip and the 5 -foot
wide sidewalk to be located outside of the private street right-of-way. The setbacks are
Page 14 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub ccf.docx
measured from the property line; therefore, a 30 -foot setback would allow for the front of the
garage to be located 17 -feet from the back of the sidewalk. Based on Eagle City Code and the
width of the planter strip and sidewalk located on the west side of West Hidden Pond Lane the
front setback for the lots located on the south side of West Hidden Pond Lane should be 43 -
feet.
It is staff's opinion that based on the width of the planter strip and sidewalk located outside of
the private street right-of-way the setbacks and lot coverage should be as follows:
Front 30 -feet
43 -feet (lots located on the west side of West Hidden Pond Lane)
Rear 25 -feet
Side 7.5 -feet, 12.5 -feet (second story)
Street Side 20 -feet
Maximum coverage 40%
• Plat note #8 of the preliminary plat states, "In addition to the 30.0' front setback, Lots 2 & 3
shall respect a 20.0' setback from the back of detached sidewalk.
The setbacks for the lots located adjacent to the detached sidewalk will be addressed with the
required setbacks for the subdivision. Based on the setbacks being addressed separately the
applicant should be required to provide a revised preliminary plat with plat note #8 removed.
The revised preliminary plat should be provided prior to submittal of final development
plan/sinal plat applications.
• The preliminary plat does not contain plat notes addressing the following items: 1) the
subdivision is subject to a development agreement, 2) building setbacks, 3) re -subdivision of
the property, 4) the subdivision is served by a pressurized irrigation system and the
homeowner's association is responsible for the operation and maintenance of the system, and
5) direct lot access to West Floating Feather Road is prohibited. The applicant should be
required to provide a revised preliminary plat with new plat notes addressing the
aforementioned items, as conditioned herein. The revised preliminary plat should be provided
prior to submittal of final development plan/final plat applications.
• The preliminary plat shows three (3) existing wells located within the site. The well located
approximately 250 -feet south of the northern property line is identified that it will be
capped/abandoned per local standards. The second well is located approximately 570 -feet south
of the northern property line and is proposed to be located within Lot 11 (common lot). The
second well is identified to remain for HOA ownership and use. The third well is located in
proximity to the existing house to remain on Lot 13, Block 1. The third well is identified to
remain for exclusive use and ownership for Lot 12 Isicl. In regard to the first well, the applicant
should provide documentation indicating the well located approximately 250 -feet south of the
northern property line was properly abandoned pursuant to the IDAPA rules for the
abandonment of wells. The documentation should be provided prior to the City Clerk signing
the final plat. In regard to the third well providing service to the existing home located within
Lot 13, Block 1, the applicant should provide a revised preliminary plat which indicates the
existing well located within Lot 13, Block 1, is for use for the existing house. The existing
home (Lot 13, Block 1) may continue the use of the existing well, however, in the event the
well fails the owner should be required to connect to the central water system. The owner
should be required to provide a water stub -out for public water to the existing home prior to
the issuance of any building permits for the subdivision.
Page 15 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub ccf.docx
• Plat note #4 of the preliminary plat states, "Lots 1, 4, 5, and 11, Block One shall be designated
as blanket utility, irrigation, drainage, pathway, and ingress/egress easements. All other lots are
to be designated single family residential."
The lots referenced by number are identified in note #10 as common lots. If it is the intention
of the note to identify the referenced lots will contain blanket easements the note should not
"designate" the lots as blanket easements, the note should identify the lots as having blanket
easements. Also, the reference to the ingress/egress easement is not defined as to why the
ingress/egress is provided. The applicant should be required to provide a revised preliminary
plat with plat note #4 revised to state, "Lots 1, 4, 5, and 11, Block 1, shall have blanket utility,
irrigation, drainage, and pathway easements." The revised preliminary plat should be provided
prior to submittal of final development plan/final plat applications.
Although the plat note indicates Lot 4 has an ingress/egress easement, it does not properly
address the required plat notes associated with private streets. Pursuant to Eagle City Code
Section 9-3-2-5(C)(2) notes shall be included on the face of the plat which shall: a) Act to
convey to each lot owner within the subdivision to be served by the private 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. The applicant should
provide a revised preliminary plat with a new plat note associated with Lot 4 which a) conveys
to each lot owner within the subdivision to be served by the private streets the perpetual right
of ingress and egress over the described private streets, b) provide that such perpetual easement
shall run with the land, c) provide that the restrictive covenant for maintenance of the private
streets cannot be modified and the homeowners'/property owners' association or other entity
cannot be dissolved without the express consent of the city. The revised preliminary plat should
be provided to the City prior to submittal of final development plan/final plat applications.
• Lots 12 and 13, Block 1, gain ingress/egress through Lot 11, Block 1 (common lot). Plat note
#5 of the preliminary plat states, "Vehicular access to Lot 11 will be restricted to the owners of
Lots 12 and 13 and emergency vehicles only."
Plat note #6 states, "The owners of Lots 12 and 13 shall have a blanket access easement of Lot
11 to connect their private driveways to the shared hammer head."
Plat note #11 states, "Gated private driveway to be maintained by the owners of Lots 12 and
13 with pedestrian HOA access to the amenities."
As noted Lot 11 contains the private driveway providing connection between Lots 12 and 13
and the private street located within Lot 4. Since Lot 11 is proposed to contain a blanket
easement it is unknown where the access driveways will be located providing ingress/egress
for the two (2) lots. Lot 11 is a common lot; therefore, the applicant will be required to submit
a design review application for the landscaping of the common lot. Without knowing the exact
location of the driveway ingress/egress points for the two (2) lots it will be difficult to design
a landscaping plan for Lot 11. The applicant should be required to provide a revised preliminary
plat showing the location of the ingress/egress easements on Lot 11 which provide access to
Lots 12 and 13. The revised preliminary plat should be provided prior to submittal of a final
development plan/final plat application. Also, it is noted that the owners of Lots 12 and 13,
will be responsible for the maintenance of the driveways. Although this is a private driveway
it should be treated as a private street regarding the right of ingress/egress, perpetual easement,
and the covenant for a maintenance of the driveway. The applicant should be required to
provide a revised preliminary plat with note #6 revised to state, "Lot 11 shall contain a perpetual
easement for ingress/egress for Lots 12 and 13. The perpetual easement shall run with the land.
Page 16 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub ccf.docx
The restrictive covenant for maintenance of the private driveway cannot be modified and the
homeowners'/property owners' association or other entity cannot be dissolved without the
express consent of the city. The revised preliminary plat should be provided to the City prior
to submittal of final development plan/final plat applications.
The applicant should provide a revised preliminary plat with plat note #11 removed. The
revised preliminary plat should be provided prior to submittal of final development plan/final
plat applications.
• The preliminary plat contains a street section showing the 29.0' private street with 6" vertical
curb and gutter. The preliminary plat application, date stamped by the City on November 15,
2019, indicates the type of curbs and gutters proposed is rolled curb and gutter. Pursuant to
Eagle City Code Section 9-2-3-5(B)(2) streets that are less than 34 -feet in width shall have
vertical curbing. The private street contained within Lot 4 should have 6" vertical curbing
located on each side of the street.
• The preliminary plat shows that a portion of the lots located on the east side of North Hidden
Pond Lane may exceed a slope area of 10% or more. Since not all of the proposed subdivision
does not have slopes that exceed 10% of more, a soils, geology, and grading plan should not
be required. In regard to those lots located on the east side of North Hidden Pond Lane that
may have slopes that exceed 10% or more, the applicant should be required to provide a
detailed grading plan for those lots exceeding a 10% slope area. The grading plan should be
provided at the time of final development plan/final plat submittal.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications came before the Eagle Planning and Zoning Commission for their
recommendation on June 17, 2019, at which time public testimony was taken and the public hearing
was closed.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/ representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by nine (9) individuals who indicated the following concerns:
• The property should not be rezoned to R-3 since the surrounding properties are zoned R-1.
• The turn -around area located at the terminus of the private street is not large enough for fire trucks.
• The residents living on the site race their go-karts up and down the driveway and the additional
homes will add to the problem.
• The lots should be a minimum of one -acre in size.
• The applicant should not be permitted to cluster the lots.
• The proposed parking area will attract undesirable individuals to the area.
• The area is designated Large Lot Residential in the comprehensive plan and the proposed lot sizing
is not in conformance with the comprehensive plan.
• The lots should be spread out through the property and not clustered in proximity to West Floating
Feather Road.
• The design of the subdivision does not provide a transition of lot sizing to the adjacent subdivision.
• Any proposed waivers to the required setbacks should be discouraged.
• Due to the narrowness of the private street and proposed turn -around emergency vehicle access
may be an issue.
• If the design of the subdivision is approved as is the height of the homes should be restricted to
single -story.
• With the number of lots backing up to the existing lots.
Page 17 of 30
KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub ccf.docx
• The size of the lots does not fit with the size of the existing lots in the area.
• The design of the subdivision is misleading since there are two (2) very large lots and the remaining
lots are small.
• Who is liable if emergency vehicles cannot gain access to the development?
• The subdivision should have more than one (1) entrance.
• As designed, the subdivision does not conform with the surrounding subdivisions.
• The subdivision should be denied based on only having a single access.
• The proposed lots should be consistent in size.
• The subdivision is inconsistent with the feel and character of the area.
• The subdivision should not have more than five (5) buildable lots.
• Re -locating and expanding the existing driveway to a private street will have a detrimental effect
on the home located across West Floating Feather Road, due to the number of vehicle trips and
headlights shining into the house.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by one (1) individual who indicated the following:
• They have a concern with the density of the lots located in proximity to West Floating Feather
Road.
• A concern with the safety and visibility of vehicles when entering West Floating Feather Road from
the subdivision.
• Although the proposed subdivision is small, based on the number of subdivisions in the area this
subdivision will have a cumulative effect on West Floating Feather Road.
COMMISSION DELIBERATION: (Granicus time 01:40:50)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The development of the subdivision may eliminate some of the concerns with the activity that is
currently occurring on the property (i.e. go-kart riding).
• They do not believe that illegal activities will be occurring within the proposed parking area.
• Agree with clustering of the lots to preserve the trees and the pond currently located on the property.
• A planned unit development allows for flexibility of design.
• They support reducing the number of lots by merging Lots 7-8 into a single -lot to provide a transition
to the adjacent property.
• This appears to be an infill project on an irregular shaped property.
• They appreciate the design to maintain the existing natural resources located within the site.
• The probability of the access being blocked is minimal.
• If this proposal is developed with the same care as Covenant Hill Subdivision it will be a quality
development.
• The fire access issues have been addressed.
• The fire and police department have issues with parking on private streets.
COMMISSION DECISION REGARDING THE REZONE WITH A DEVELOPMENT
AGREEMENT:
The Commission voted 5 to 0 to approve RZ-15-18 for a rezone from R -E (Residential -Estates) to R -3 -DA-
P (Residential with a development agreement — PUD) for Creek Water, LLC, with the conditions of
development to be placed within a development agreement as provided within their findings of fact and
conclusions of law document dated July 1, 2019.
Page 18 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub ccf.docx
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT
MODIFICATION, PRELIMINARY DEVELOPMENT PLAN MODIFICATINON, AND
PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend approval of CU-07-18/PPUD-05-18IPP-.1 1-18 for Hidden
Pond Subdivision for Creek Water, LLC, with the site specific conditions of approval and standard
conditions of approval as provided within their findings of fact and conclusions of law document dated July
1, 2019.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 13, 2019, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the applications was presented to the City Council by no one (not including
the applicant/representative).
C. Oral testimony in opposition to the applications was presented to the City Council by no one.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the City Council
by three (3) individual who indicated the following:
• A concern with the smaller size of the lots located in proximity to West Floating Feather Road.
• A concern with the clustering of lots in proximity to West Floating Feather Road. The City Council
should follow the Planning and Zoning Commission's recommendation to combine two (2) of the
smaller lots located adjacent to the east property line into one (1) larger lot which will provide a
transition of lot sizing to the adjacent property.
• A request that the trees located in proximity to the eastern property line be retained.
• The residential dwellings proposed to be located on Lots 3, 7, and 8, should be limited to not exceed
single -story.
• The street lighting should be a "Dark Sky" style of lighting.
• The applicant should be required to plant trees adjacent to the west property line.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-15-18 for Creek Water, LLC, with the following Planning and
Zoning Commission recommended conditions of development to be placed within a development
agreement with underline text to be added by the Council:
3.1
3.2
3.3
The maximum number of dwelling units shall not exceed 8 -dwelling units, including the 1 -existing
house (.81 -dwelling units per acre).
Owner will develop the Property subject to the conditions and limitations set forth in this Development
Agreement. Further, Applicant will submit such applications regarding floodplain development
permit review, design review, preliminary and final plat reviews, and/or any conditional use permits,
if applicable, and any other applicable applications as maybe required by the Eagle City Code, which
shall comply with the Eagle City Code, as it exists at the time such applications are made except as
otherwise provided within this Agreement.
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. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
Page 19 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub ccf.docx
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, private streets, 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 homeowner's association or other
entity cannot be dissolved without the express consent of the city.
(b) A requirement that the owners of Lots 12 and 13 will be responsible for the maintenance and
operation of the common driveway located within Lot 11.
(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 decorative
fencing. All other fencing (ie. dog-eared 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.
3.5 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to
the submittal of a final plat application. Prior to issuance of any building permits, Owner shall
provide proof of central sewer service to the proposed residential uses. A letter of approval shall be
provided to the City from the Idaho Department of Health and Welfare, Department of
Environmental Quality, and/or Central District Health, prior to issuance of any building permits.
3.6 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees
located on-site. The report shall identify, at a minimum, species, size, and health of the trees. The
arborist report and map shall be provided with the submittal of a design review application. Owner
shall provide a narrative indicating how the trees will be incorporated into the design of the
subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior
to city approval of a tree removal and replacement plan.
3.7 In conjunction with 3.6 above, 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 (unless approved for removal
and mitigation by the Design Review Board) shall be provided for Design Review Board approval
prior to the submittal of a final plat application.
3.8 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed common areas throughout the development, 3)
elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4)
landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such as
picnic tables, covered shelters, benches, gazebos, and/or similar amenities, The design review
application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal
of a final development plan/final plat applications.
Page 20 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub ccf.docx
3.9 The existing home (Lot 13, Block 1) may continue the use of the existing well, however, in the event
the well fails Owner shall be required to connect to the central water system. Owner shall provide a
water stub -out for public water to the existing home prior to the issuance of any building permits for
the subdivision.
3.10 Owner shall place a 4'X 8' subdivision sign containing information regarding the proposed
development. The subdivision sign shall be located on the Property adjacent to West Floating Feather
Road.
COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Council voted 4 to 0 to approve CU -07- 1 8/PPUD-05- 1 8/PP-O 11 - 18 for Hidden Pond Planned Unit
Development (Exhibit "A") for Creek Water, LLC, with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval. with underline text
to be added by the Council and strikethrough text to be deleted by the Council.
1. Comply with all conditions within the development agreement for rezone application RZ-15-18 and
subsequent modifications.
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 upon receipt of an invoice by the City or prior to the City Clerk signing the final plat,
whichever occurs first. (ECC 9-2-3 C][3][I])
4. 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. Fences in front yard areas shall be open style and a maximum of four -feet (4') in height. A
fence permit is required prior to construction of a fence in any of these locations.
5. Provide a revised preliminary plat showing Lots 7 and 8, Block 1, combined into a single lot. The
revised preliminary plat shall be provided prior to submittal of final development plan/final plat
applications.
6. The following setback requirements shall be as follows:
Front 30 -feet
33 -feet (living) 38 -feet (garage) (lots located on the eat west side of
West Hidden Pond Lane)
Rear 25 -feet
Side 7.5 -feet, 12.5 -feet (second story) Lot 12, 30 -feet (east property line)
Street Side 20 -feet
The residential dwelling located on Lots 3, 7, and 8 (as shown on the concept plan submitted on August
13, 2019) shall be single -story (25 -feet maximum height)
Maximum coverage 40%
7. Provide a revised preliminary plat with plat note #8 removed. The revised preliminary plat shall be
provided prior to submittal of final development plan/final plat applications.
8. Provide a revised preliminary plat with a new plat note which states, "All development within this
subdivision shall be consistent with the conditions of development within the development agreement
associated with RZ-15-18 and any subsequent modifications." The revised preliminary plat shall be
provided prior to submittal of final development plan/sinal plat applications.
Page2l of3O
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub cct.docx
9. Provide a revised preliminary plat with a new plat note which states, "Minimum building setback lines
shall be in accordance with the applicable zoning regulations at the time of issuance of a building
permit, or as specifically approved and/or required." The preliminary plat shall be provided prior to
submittal of final development plan/final plat applications.
10. Provide a revised preliminary plat with a new plat note which states, "Any re -subdivision of this plat
shall comply with the applicable zoning 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.
11. Provide a revised preliminary plat with a new plat note which states, "This subdivision contains a
pressurized irrigation system which will be owned and operated by the Hidden Pond Homeowners
Association." The revised preliminary plat 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 Floating
Feather Road is prohibited unless specifically approved by Ada County Highway District and the City
of Eagle. The revised preliminary plat shall be provided prior to submittal of final development
plan/sinal plat applications.
13. Provide a revised preliminary plat with plat note #4 revised to state, "Lots 1, 4, 5, and 11, Block 1,
shall have blanket utility, irrigation, drainage, and pathway easements." The revised preliminary plat
shall be provided prior to submittal of final development plan/final plat applications.
14. Provide a revised preliminary plat with a new plat note associated with Lot 4 which a) conveys to each
lot owner within the subdivision to be served by the private streets the perpetual right of ingress and
egress over the described private streets, b) provide that such perpetual easement shall run with the
land, c) provide that the restrictive covenant for maintenance of the private streets cannot be modified
and the homeowners'/property owners' association or other entity cannot be dissolved without the
express consent of the city. The revised preliminary plat shall be provided to the City prior to submittal
of final development plan/final plat applications.(ECC 9-2-3-5 [C] [2])
15. Provide a revised preliminary plat showing the location of the ingress/egress easements on Lot 11
which provide access to Lots 12 and 13. The revised preliminary plat shall be provided prior to
submittal of a final development plan/final plat application.
16. Provide a revised preliminary plat with note #6 revised to state, "Lot 11 shall contain a perpetual
easement for ingress/egress for Lots 12 and 13. The perpetual easement shall run with the land. The
restrictive covenant for maintenance of the private driveway cannot be modified and the
homeowners'/property owners' association or other entity cannot be dissolved without the express
consent of the city. The revised preliminary plat shall be provided to the City prior to submittal of final
development plan/final plat applications.
17. Provide a revised preliminary plat with plat note #11 removed. The revised preliminary plat shall be
provided prior to submittal of final development plan/final plat applications.
18. The private street contained within Lot 4 shall have 6" vertical curbing located on each side of the
street. (ECC9-2-3-5 [B] [2])
19. Provide a detailed grading plan for those lots exceeding a 10% slope area. The grading plan shall be
provided at the time of final development plan/final plat submittal. (ECC 9-5-3-4[B])
20. The applicant shall submit a design review application showing at a minimum: 1) proposed subdivision
signage, 2) planting details within the proposed and required landscape berms, landscaped islands, and
all common areas throughout the subdivision, 3) building elevation plans for all proposed common
area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation
pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches,
gazebos, and/or similar amenities, 6) design of ponds to be constructed in reference to mosquito
Page 22 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub ccf.docx
abatement, 7) proposed style of fencing. The design review application shall be reviewed and approved
by the Eagle Design Review Board and Eagle City Council prior to the submittal of final development
plan/final plat applications. (ECC 8-2A-7)
21. 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, oras approved by the Design Review Board.
The trees shall be located within an 8 -foot wide landscape strip between the 5 -foot wide concrete
sidewalk and the curb. 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.
22. At the time of providing surety information the applicant shall provide a schedule that depicts the
timing for completion of the required improvements.
23. 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
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.
24. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting and within this site. The final plat shall contain a plat note referencing
the ACHD license agreement and associated Ada County instrument number. (ECC 9-4-1-2)
25. 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)
26. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat application
indicating that the Hidden Pond Homeowner's Association is responsible for all maintenance of the
common landscape areas in the subdivision. The CC&Rs for the Hidden Pond Homeowner's
Association shall provide that the association shall have the duty to maintain and operate all of the
common landscape areas in the subdivision in a competent and attractive manner, including the
watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in
perpetuity. (ECC 9-3-8 ID]:41)
27. Hidden Pond Subdivision shall remain under the control of one Homeowner's Association.
28. All plat notes that are required on the preliminary plat and development plan shall be transferred to the
final plat prior to submittal of the final development plan/final plat applications.
29. Owner shall provide documentation indicating the well located approximately 250 -feet south of the
northern property line was properly abandoned pursuant to the IDAPA rules for the abandonment of
wells. The documentation shall be provided prior to the City Clerk signing the final plat.
30. The existing septic system(s) serving the existing houses shall be abandoned prior to the City Clerk
signing the final plat. The remaining existing house located on Lot 13 (as shown on the preliminary
plat, date stamped by the City on March 12, 2019) shall be connected to central sewer prior to the City
Clerk signing the final plat.
Page 23 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub ccf.docx
31. Provide documentation from the subdivision contractor indicating the septic system(s) previously
located on the site were properly abandoned. The documentation shall be provided prior to the City
Clerk signing the final plat.
NOTA;: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
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
Page 24 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub ccf.docx
lot line onto another lot except within a drainage easement.
1 1. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.The applicant shall delineate on the face of the final plat an
easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light
fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City
Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall 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.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
Page 25 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub cct.docx
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.
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 Parks and Pathways Development Commission
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways
Development Commission prior to approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
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
Page 26 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub cct.docx
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.
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 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.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the site
shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet above
the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone with development
agreement (RZ-15-18) 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 applications are in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of R -3 -DA -P (Residential with a development agreement — PUD)
complies with the Large Lot Residential and Residential Transition designations as shown on the
Comprehensive Plan Land Use Map since the applicant is not proposing more than one unit per
acre and the proposed density is below the density allowed;
Page 27 of 30
KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub ccf.docx
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that adequate public facilities exist, or are required to be provided, to serve a
single-family dwelling residential subdivision on this property under the proposed zone. The site
is located within the Eagle Sewer District and the Suez of Idaho certificated service area for potable
water;
c. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the R -E (Residential -Estates) zone and land uses to the north since that area is
developed with two (2) homes and the applicant is required to construct a 50 -foot wide landscaped
berm between West Floating Feather Road and the buildable lots located within the subdivision;
d. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the A -R (Agricultural -Residential) zone and land use to the south since this area
has been developed with a residential subdivision and a tree lined canal provides a buffer between
the two (2) properties;
e. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the R -1 -DA (Residential with a development agreement) zone and land use to the
east since that area is developed with a density similar to the proposed development and the
applicant is required to provide a transition of lot alignment to the adjacent subdivision;
f. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the R-1 (Residential) zone and land use to the west since that area is developed
with a density similar to the proposed development;
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 Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-07-18/PPUD-05-18IPP-1 1-18) 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.
Hidden Pond Subdivision has been proposed for development in conformance with the Eagle
Comprehensive Plan, consistent with the requirements of Eagle City Code, and in conformance
with the executed development agreement associated with the site; 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.
Hidden Pond Subdivision is designed to be harmonious with the adjacent subdivisions through
the transitioning of lots located adjacent to the surrounding subdivisions; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
g.
Hidden Pond Subdivision is proposed to be developed with residential homes similar to the
residential homes located 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.
Page 28 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2() lB1Hidden Pond Sub ccf.docx
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. Hidden Pond Subdivision will be served by West Floating
Feather Road (designated as a minor arterial) and an internal private 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; and
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
All public facilities and services are supplied by the developer and must be approved at the
time of installation and before acceptance by the Eagle Sewer District, Suez Water Company,
or Ada County Highway District; and
g. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non -PUD proposal.
This development plan includes a centralized common lot with a pond amenity and pedestrian
pathway; and
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
The private street serving the development will take access from West Floating Feather Road
(designated as a minor arterial); and
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.
The proposed development fits well with the comprehensive plan since the plan calls for Large
Lot Residential and the proposed density is in conformance with the comprehensive plan; 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.
The developer has requested approval for a preliminary development plan and conditional use
permit 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. 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.
Page 29 of 30
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub cct.docx
Residential is the only use approved for this development.
DATED this 27th day of August, 2019
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
A LI EST:
T --
Sharon K. Bergmann, Eagle City Cl: rk
Page 30 of 30
K:APlanning Dept\Eagle Applications\Preliminary Development Plans\2011\Hidden Pond Sub ccl.docx
5 8
r
PRELIMINARY PLAT FOR
HIDDEN POND SUBDIVISION
A PARCEL OF LAND LOCATED WITHIN THE NE 1/4 OF THE NE 1/4 SECTION 7,
T.4N., R.1E., B.M., EAGLE, ADA COUNTY, IDAHO
2019
- ,
STORM DR:1Ni.=
24-11t21\91NEVI(Z):22r698 '296:
SANITARY SEWER MAr.1:12T
B-PVCI,Z.:225581 69
DRIVEWAY
2
,
- TREE CANOPY
180
I LOT 5 I
17,336 SF
LOT 6
L
[tALANDSfAPE
152'
0 Buff.)
13,NDSCAPE-1
51.01.
"ffSSEITITT
A '51
Aago'
N
"
IRRIGATION BOA
12-PvC l'Nt255:1677.
S1.09'32, 72-6
IBA. •
In> BLOCK 1
/
/
/
/ /
ILIACAL'C=UGATED METAL PIPE
T01.1 OF STRUCTURE42589 11
VSTS'11)'17:225586"35611Z
11/2E'LlrZr
TREE CANOPY 4
10T4T9OUSF a
267.
LOT 7 2 \
20,320 SF „
. BUILDING SETBACK
UNE (TYP \
WEL TO BE
C470=LTS < 2.(4)191,
____,A-1/E111,11400=E TO
10,
z
15'2.
LOT 2
15.252 SF.
UMP FOU5E
NEU.
50
999
-1,▪ 18'27.07453.45.
ASPHALT PATHWAY —
56.95'
ToB
'
DRiVEwA r ;
P
N. BALLANTYNE LANE
12,24,,11.-2567 10•
C/L
!-Lg 270.
180
VARIES PAL'. 20.
vARKS
mEsr:A17,1G
EXIS1 ASPHALT PAVEMENT
3- OF ASPHALT PAN:WENT
"236/-40F7"111::TTART111
'fiC(P&ERC7C6110k:T7111
W. FLOATING FEAITIER ROAD emu SECTION
r
SUP,
To.
EDR
BO IV.
LE:rmV17
f,
N12.49.30,
32.91'
12 5
LANO
12 5 20 I
AP3E°EASEME
6- ,EpTitm. & ainij7:714:PAL"'T
(PER 1SPWC
DWG SD -709)
(PER ISPWC S0-700 0 OF 3/4- MINUS AGGREGATE
IC OF 6- IAINUS PIT RUN 6. .nck CURB W GUTTER
(PER ISPWC SD -701)
NO' STREET SECTION 30' RIGHT-OF-WAY
nom IKIA/1
r=ILT
ASPNALT PATH,Ar
NOTES:
1. till:AE.,C,EmS,T,INDIUGNE=ER,Z,VrIrA:1:,101.,1,3rE, DIRECTED TO PROPOSED 0 NSITE STORM
2. Tc1,11,S,,I,Jals/Z,F0F1:1,SXcL,1:,E,CJATTOERCOMPL LANCE WITH THE IDAHO CODE SECTION 31.3805
3 pi:cc,,,,,E,T0114.EHISDLfTC,ADT!D,U,T.5,131)E THE 100 YEAR FLOODPLAIN PER FEMA FLOOD FIRM
4 :CI:FE/E1,8i:,',F1:Ti D,L:BYEL:A'AC,I441:1°,1 tR9,,€EDHSEASI/NR,E'SESSIEGAZ.E'INEEDN'T TrL9OTHEi:ILL0TT tARRREIT113°E
VAENHLI,CEUXGA€C,E=i1c.01,1(3)NW„:,LL BE RESTRICTED TO THE OWNERS OF LOTS 12 AND 13
TcOEN°NrCIETRH4EZPLA'rsTralfiTilvjEtx3/ZTOTEES'H'!:11-1:74ELZCoCEER4EA4,14,EmENT 4°T 11M
vc4oGN4sTTARTuTON'PO'Ffr;PPro=4EINI-T4sE04A4rIN'inIT'El'On:1494E'lt=AilEO.NP11.,Cv4144.44' F°R
1,14.1,3,I31,T,41r,liAT,O,T0HFE,3,,,,.0A(F.7).N,fj TwIti,A,C,,K, LOTS 2 3 SHALL RESPECT A 20.0 SETBACK
72AONIF)RCO'N'T ,..7XR EAR SNT:UNBTL I SI 0
b. 6.0 INTERIOR SIDE.LOT LINES C'N UN'ARV
10 plo.0,T,!,,,,56,,A,14,,DolN1XLCE0c,N,1,1,10E/I:sLOAT,=,:TE,::NED AND MAINTAINED BY THE HIDDEN
11 p.,,_,,TELD,P, FAIINVAH,T.EADAIrcLAs/ATY.TTO.:1EAK;AIINN,;43,1,NED BY THE OWNERS OF LOTS 12 AND 13 WITH
DEVELOPER PLANNER LAND SURVEYOR
CREEK WATER, LLC
PO BOX 1575 L A N D MCACV/LUT IA g5 I N C GRI=YSIGJR1T! TgouPpLs
EAGLE. ID 83616 PO BOX314 9955 W EMLRALD STREET
(208)-939-6661 EAGLE, ID 83616 BOISE, ID 83704
(208) 939-7444 (208) 846-8520
o
0 30 60_ 120
SCALE IN FEET
SITE DATA:
TOTAL ACRES
AREA EXCLUDING LOTS 11 AND 12...........±5.81 ACRES
TOTAL LOTS..
BUILDABLE LOTS . 8
EXISTING ZONING. .Ft -E (CITY OF EAGLE)
PFtOPOSED ZONE .R-3
MINIMUM R-3 RESiDINTIAL LOT SIZL.........10.000
MINIMUM PROPOSED LOT SIZE.......... 14,789 sq.tt.
AVERAGE RESIDENTIAL LOT SIZE 39,607 sq.h
OPEN SPACE 2.10 ACRES (36.0%)
BUILDING SETBACKS:
FRONT. 30.0'
STREET SIDE .. . .......... .................. .
REAR . .25.0.
SIDE.... ....... 7 5'
SHEET INDEX
1. PRELIMINARY PLAT
2. PRELIMINARY GRADING PLAN
3. PRELIMINARY PRESSURE IRRIGATION PLAN
UTILITY REPRESENTATIVES
CIVIL ENGINEER
DERRITT KERNER. P E
ROCK SOLID C/V/L LLC
270 N 27TH STREET
BOISE, ID 83702
(208) 342-3277
690 2
FLOATING FEATHER RD
TO EAGLE RD
W HEREFORD DR
PROJECT SITE
VICINITY MAP
1"= 800'
GENERALLEGEND
EP'
A
•
FOUND BRASS CAP MONUMENT
FOUND ALUMINUM CAP MONUMENT
FOUND 5/8 ' IRON PIN
FOUND 1/2 IRON PIN
CALCULATED POINT
PROPERTY BOUNDARY LINE
SCEECKLNLIZ
EASEMENT LINE
PROPOSED SEWER MAIN
PROPOSED WATER MAIN
PROPOSED PRESSURE IRRIGATION MAIN
EP PROPOSED EDGE OF PAVEMENT
PROPOSED PRESSURE IRRIGATION RISER
EDR
TOB
PROPOSED FIRE HYDRANT
PROPOSED SEWER MANHOLE
PROPOSED CATCH BASIN
PORRO.:0,SNELCE/TSA ND G REA. TRAP
TELEPHONE /UNCTION BOX
PGTZ,ZEN-R
POWER TRANSFORMER
DECIDUOUS TREE
CONIFEROUS TREE
WATER WELL
WATER SPIGOT
FSETPOICREM DRAIN LINE W/MANHOLE
SEWER MAIN LINE W/MANHOLE
GAS LINE
OVERHEAD POWER LINE
EDGE OF PAVEMENT
EDGE OF DIRT ROAD
TOP OF BANK
EDDOGNEIEC'SFT I 'C'1,/T/YE R LINE
EXTRUDED CURB
CURB E. GUTTER
CONCRETE/SIDEWALK
TREE CANOPY
CURVE TABLE
CURVE
RADIUS
LENGTH
CHORD DIST.
CHORD BRG
CI
267,50
255..
245.61
N41.01 23-14
C2
236 88
67 41
6 7 18
N2457.50,
DEL TA
5039 22'.
16.14•Is-
UTILITY REPRESENTATIVE
PHONE
nSo. RiciTy Ispl AT EHR0M,O.U,NNETRA IN GAS
208)377-6839
208)388-6320
TELEPHONE CENTURY LINK
208) 385-2144
CABLE ONE
WATER E4rE SNE/t's/TEERR DCIC:rts:PCATNY
208)375-8288
208)939-0132
208)939-0242
ROADS
iFk rA)FrvTRUSNUTZ I FO'II,%1ATIY1 IICS,ZIRF' CA TN Y
I,FrRIIEGATION
N
t
<
J
208)454-8135 - bekro.
EAGLE FIRE DEPARTMENT
39:59
CILLI BEFORE YOU DIG!
pRicotaTenligiNG
UNDERGROUND WORK
208-342-1585
HIDDEN POND SUBDIVISI(
„v„ 11 clltixg
PRELIMINARY PLAT
Project No RSC 18-59
Drawn By JEC
Date July S. 2.19
Sheet No
1
1 3