Findings - CC - 2006 - RZ-11-06/PP/FP-02-06 - Rz From Ar To Re-Da For Pumpkin Patch Subd/4.94 Acre/2 Lot/2820 W Floating
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION
FOR A REZONE WITH DEVELOPMENT
AGREEMENT FROM A-R TO R-E-DA AND
COMBINED PRELIMINARY PLAT/FINAL
PLAT FOR PUMPKIN PATCH SUBDIVISION
FOR EMMETT PRICE AND SONS
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-ll-06 & PP/FP-02-06
The above-entitled Rezone with Development Agreement and Combined Preliminary Plat and Final Plat
applications came before the Eagle City Council for their consideration on July 25, 2006, at which time
public testimony was taken and the public hearing was closed. The City Council continued the
applications to August 8, 2006 and made their decision at that time. The Eagle City Council, having heard
and taken oral and written testimony and having duly considered the matter makes the following Findings
of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Emmett Price and Sons, represented by Robin Labrie with Studio L, is requesting a rezone
from A-R (Agricultural-Residential) to R-E-DA (Residential-Estates with a development
agreement) and combined preliminary plat/final plat approval for Pumpkin Patch
Subdivision. The 4.94-acre, 2 lot subdivision is located on the north side ofW. Floating
Feather Road approximately 1,200 feet east of Meridian Road at 2820 W. Floating Feather
Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:30 PM, April 17, 2006 at Emmett Price and Sons
Office located at 1117 E. Plaza Drive (Unit F) in compliance with the application
submittal requirement of Eagle City Code. The rezone and combined preliminary/final plat
applications for these items were received by the City of Eagle on April 20, 2006.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on May 30, 2006. 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 25, 2006. The site was posted in accordance with the Eagle City Code on
June 6, 2006. Requests for agencIes' reviews were transmitted on May 4, 2006 in
accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on July 10, 2006 in the Valley Times. 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 6, 2006. The site was posted in accordance with the Eagle City Code on July
12,2006.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS: NA
E. COMPANION APPLICATIONS: All application are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
The City is requesting a development agreement to ensure the development of the property
is consistent with the Comprehensive Plan and vision of the City of Eagle.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential-Estates (up A-R (Agricultural-Residential) One (1) single-family
to one dwelling unit home and accessory
per two acres) structures
Proposed No Change R-E-DA (Residential-Estates wtth a Residential subdIvision
development agreement) consisting of two (2)
lots
North of site Residential-Estates (up RUT (Residential - Ada County One (I) single-family
to one dwelling unit deSIgnation) home, accessory
per two acres) structures and pasture
South of site Residential One (up to A-R (Agricultural-Residential) and Two (2) single-family
one dwelling unit per RUT (Residential - Ada County homes and accessory
one acre) designation) structures
East of site Residential-Estates (up R-E (Residential-Estates) Residential subdivision
to one dwelling unit (Canterbury Estates)
per two acres)
West of site Residential-Estates (up A-R (Agricultural-Residential) One (I) single-family
to one dwelling unit home
per two acres)
H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
1. SITE DATA:
Total Acreage of Site - 4.94-acres
Total Number of Lots - 2
Commercial - 0
Industrial - 0
Common - 0
Total Number of Units - 2
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre .40-units per acre I-unit per two acres (.50-units
per acre maximum)
Minimum Lot Size 1. 82-acres (79,279 sq. ft.) 1.80-acres (78,408 sq. ft.)
Minimum Lot Width 17 1 -feet (approx.) 100-feet
Minimum Street Frontage 171-feet 35-feet
Total Acreage of Common Area O-acres a-acres (not required in the R-
(measured as total landscaping of E zoning district)
the entire site)
Percent of Site as Common Area 0% 0% (not required in the R-E
(measured as total landscaping of zoning district)
the entire site)
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
As required by Eagle City Code Section 8-2A-7(J)(4)(a), the applicant proposes to
construct a thirty-five-foot (35') wide buffer along Floating Feather Road. The
applicant proposes to match the buffer found on the adjacent Canterbury Subdivision,
which will be placed in a thirty-five-foot (35') wide landscape easement on the two
(2) lots. All berming, fencing and landscaping details, including any proposed pump
houses for pressurized irrigation, are required for Design Review Board review and
approval prior to the City Clerk signing the Final Plat.
Open Space:
Because this subdivision is located within the R-E zoning district, a minimum amount
of open space is not required, and none is proposed.
Storm Drainage and Flood Control:
The applicant should demonstrate that the storm water from individual lots is handled
by a storm drainage facility or the applicant should place a note on the final plat
stating all storm water from the individual lots is to be retained on the individual lots
per Eagle City Code 9-4-1-10. This should be completed prior to the City Clerk
signing the final plat.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires twelve foot (12') wide utility easements shall
be provided along all exterior boundaries of the subdivision.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) - yes, the applicant will provide a septic system for each
lot. The existing house (western most lot) currently has a septic system.
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. Existing trees located around the existing
structures and along the Dry Creek Canal on the site are proposed to be preserved.
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Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires
immediate notification to the state.
K. STREET DESIGN:
Private or Public Streets: Public
The two (2) proposed single-family lots will have access to Floating Feather Road via
one (1) common driveway with a cross-access agreement.
Applicant's Justification for Private Streets (if proposed): None proposed.
Blocks Less Than SOO': None
Cul-de-sac Design: None
Sidewalks:
A five foot (5') wide meandering concrete sidewalk is required along Floating Feather
Road abutting the southern portion of the site. The sidewalk should be no closer than
forty-one feet (41') from the centerline of Floating Feather Road, as per the Ada
County Highway District.
Curbs and Gutters:
Floating Feather Road abutting this parcel is currently not improved with curb, gutter
or sidewalk. ACHD will not require the applicant to install curb and gutter.
Lighting:
Lighting for the proposed subdivision is required. The applicant should provide one
(1) light at the entrance of the common driveway along Floating Feather Road. The
location and lighting specifications shall be provided to the City Zoning Administrator
prior to the City Clerk signing the final plat.
Street Names: No new streets are proposed with this application.
L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways: None proposed.
Bike Paths: None proposed.
M. PUBLIC USES PROPOSED: None proposed.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Letters have been received from the Eagle Fire Department (no conditlOns) and Eagle
Sewer District. The Eagle Sewer District indicates that the property has been master
planned to receive central sewer service via the main line that is to extend from the
intersection of Floating Feather Road and Park Lane. As of today, none of this
infrastructure exists. The applicant has applied to the Central District Health District to
install a septic system for the newly created lot; the existing house located upon the
western lot currently has a septic system serving it. The development will be provided
central water service by United Water.
P. NON-CONFORMING USES:
Based upon the information available and the recommended conditions within the
development agreement, the proposed rezone will not create any non-conforming issues
with regard to provisions of the Eagle City Code.
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Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - No
Evidence of Erosion - No
Fish Habitat - No
Floodplain - No
Mature Trees - Yes, around the existing structures and along Dry Creek Canal
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - Dry Creek Canal
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
Historical Sites - No
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Not required.
S. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated May 4,2006 and June 5,
2006, are of special concern (see attached).
Ada County Highway District
Central District Health
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
Joint School District NO.2
T. LETTERS FROM THE PUBLIC: None received to date.
U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to construct the development in one phase.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as "Residential Estates"; suitable
primarily for single family residential development on acreages may be in transition from
agricultural to residential use or may combine small-scale agricultural uses with residential
uses. Residential density of up to one dwelling unit per two gross acres may be considered by
the City for this area.
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Chapter 4 - Schools, Public Services and Utilities
4.3 Goal
To meet the expected demands of the City and its Impact area:
a. Encourage the provision of public utilities, services, and schools.
Chapter 6 - Land Use
Residential Estates
Suitable primarily for single family residential development on acreages may be in
transition from agricultural to residential use or may combine small scale agricultural uses
with residential uses.
6.5 Goal
To preserve the rural transitional identity.
6.7 Implementation Strategies
a. Preserve the natural features and resources of Eagle.
b. Establish land use patterns and zoning districts that do not exhaust available services
such as sewer, water, police, fire, recreational areas, highways and transportation
systems.
L Farm related uses and activities should be protected from land use conflicts or
interference created by residential, commercial, or industrial development. The Idaho
Right To Farm Act should be promoted.
Chapter 8 - Transportation
8.6 Implementation Strategies
1. Encourage street lighting to increase roadway and neighborhood safety while
preserving a rural environment free of any unnecessary lighting.
m. Establish and require minimum setbacks between developments and roadways and to
encourage installation of berms and landscaping for all developments to enhance
safety and to enrich the roadway and community appearance.
o. Encourage arterial and collector roadway design criteria consistent with the rural
nature of planned and existing developments generally within the areas designated on
the Land Use Map as Residential Rural (one dwelling unit per five acres maximum)
and Residential Estates (one dwelling unit per two acres maximum). Such designs
should include the following:
I. Vertical Curbs should not be permitted, except where may be required by ACHD.
Where curbs are needed, flat or rolled curbs should be encouraged.
2. Sidewalks and/or pathways should meander and be separated from any roadway
edge or curb to allow for added pedestrian safety. Topography, trees, ditches
and/or similar features may limit the distance between sidewalks and/or pathways
and the roadway edge. Easements may be needed if portions of the sidewalk
and/or pathway is to be located outside of the right-of-way.
3. Unless otherwise determined by ACHD to be necessary for public safety,
roadways should be a maximum of two lanes with a center turn lane only at
driveways and/or street intersections that are expected to generate a minimum of
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1000 vehicle trips per day, or where determined to be necessary for safety by
ACHD. Any portion of a center turn lane which is not used for such a driveway
or intersection should be landscaped. Such landscaped medians would need to be
maintained by the City and would require a license agreement with the highway
district having jurisdiction.
4. The roadways should be constructed to provide a bike lane on both sides of the
roadway.
Chapter 12 - Community Design
12.4 Implementation Strategies
a. Establish and maintain a development pattern and design criteria in keeping with the
rural transitional identity of Eagle. This includes growth within the Impact Area that
discourages or precludes the establishment of other City centers.
o. Encourage the planting and preservation of trees that will create beauty and add to the
healthy environment of downtown (see Eagle Tree Plan below).
q. Maintain the rural residential character and open space environment in and around the
City.
12.S Eagle Tree Plan
12.S.1 Goal
To establish and enhance areas of tree growth that will create beauty, add to a healthy
environment and increase economic stability.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-2A-7 J(4)(c) Major Roadways:
c. Any road designated as a an urban or rural collector on the Ada County long range
highway and street map:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall
be provided with the following plants per one hundred (100) linear feet of right of
way: four (4) shade trees, five (S) evergreen trees, and twenty four (24) shrubs. Each
required shade tree may be substituted with two (2) flowering/ornamental trees,
provided that not more than fifty percent (SO%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet (3 ') horizontal distance to one foot (1 ') vertical distance. If
a decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall is to be provided, in combination with the berm, a four foot (4') wide flat area
shall be provided for the placement of the decorative wall. Chainlink, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
. Eagle City Code Section 8-3-3 (F) Maximum Units Per Lot, states in part:
Any buildable lot conforming to this title, with a zoning desi~,'nation of R-E shall be
permitted a maximum of one single-family dwelling unit per lot.
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. Eagle City Code Section 8-3-5 (A) (1) Accessory Building:
Will not be located in any required front or street side yard area.
. Eagle City Code Section 8-10- 1 (B)
Initiation of Development Agreement:
I. A development agreement may be initiated for the rezoning of a particular parcel of
land or collection of parcels of land through the following methods:
a. On application by the property owner.
b. On recommendation of the zoning administrator.
c. On recommendation of the commission.
d. Required by the council.
2. In the event of a determination by the commission that a development agreement
should be entered into, the commission shall retain jurisdiction of the matter, defer
consideration of the rezone applied for and set a time limit for submittal of the
development agreement. The commission shall then proceed as specified in this
section.
3. In the event of a determination by the council that a development agreement should be
entered into, the council shall remand the matter back to the commission for submittal
of the development agreement. The council may direct the commission on remand of
the matter to the commission. The commission shall then proceed as specified in this
section.
4. In the event of either of the above, all time limits required by this code may be stayed
upon affirmative vote of the commission or council.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. Eagle City Code Section 9-2-3 (B)(1-5)
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request
that the subdivision application be processed as both a preliminary and final plat ifall the
following exist:
I. The proposed subdivision does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development
in a floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in
an acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title of the City.
. Eagle City Code Section 9-3-2-3(B)
Sight Triangles: Minimum clear sight distance at all street and driveway intersections
shall be approved by the highway district having jurisdiction.
. Eagle City Code Section 9-3-5 (B) - Lots shall conform to the following standards:
Future Arrangements: Where parcels of land are subdivided into unusually large lots (such
as when large lots are approved for septic tanks), the parcels shall be divided, where
feasible, so as to allow for future re-subdividing into smaller parcels. Lot arrangements
shall allow for the ultimate extension of adjacent streets through the middle of wide
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blocks. Whenever such future subdividing or lot splitting is contemplated, the plan thereof
shall be approved by the City Council prior to taking of such action.
. Eagle City Code Section 9-3-S (C) Sufficient Area for Septic Tank:
Where individual septic tanks have been authorized, sufficient area shall be provided for a
replacement sewage disposal system.
. Eagle City Code Section 9-3-6 (A) Easements:
Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines when deemed necessary. Total easement width shall not be less than twelve
feet (12').
. Eagle City Code 9-4-I-S Streetlights:
All subdividers within the city limits and within the area of city impact shall be required to
install, at the subdividers' expense, streetlights in accordance with city specifications and
standards at locations designated by the "admmistrator" (as defIned by section 9-1-6 of
this title, or his/her representative, hereinafter referred to as "administrator"). After
installation and acceptance by the administrator, the city shall have the right to pay the
cost of maintenance and power and assume ownership of the streetlights.
. Eagle City Code Section 9-4- I -8 Underground Utilities:
Underground utilities are required.
. Eagle City Code Section 9-4-1-11 Fire Hydrants and Water Mains
Adequate fire protection shall be required in accordance with the appropriate fire district
standards.
D. DISCUSSION:
. The Comprehensive Plan Land Use Map designates this site as Residential Estates (up to one
unit per two-acre maximum). The applicant is proposing a rezone from A-R (Agricultural-
Residential) to R-E-DA (Residential-Estates with a development agreement) and preliminary
plat/final plat approval for Pumpkin Patch Subdivision. The maximum overall density of the
project will not exceed .40-units per acre.
. The applicant proposes to subdivide the 4.94-acre site into two (2) parcels, with lot sizes no
less than 1.8-acres in size. Access to the lots will utilize a common driveway located along
Floating Feather Road, which helps minimize additional access points along the road. The
applicant has agreed to record a cross-access agreement with the plat. With this proposed
subdivision, stafIbelieves the character of the area will not be changed since the proposed lot
configurations, as well as the intent to develop the site with single family dwellings, is
compatible to the surrounding development.
. The subject site currently has one (1) single-family dwelling located on the site, which will
become a non-conforming use if the rezoning is approved. Staff has incorporated a condition
within the Development Agreement stating the applicant will ensure all existing structures
(houses, garages, barns etc.) that will remain on the site comply with all the R-E (Residential
Estates) zoning district regulations. Otherwise, the applicant should be required to move or
remove all structures (houses, garages, barns, etc.) from the site. Upon the approval of the
requested rezone and development agreement, there will be no non-conforming structures on
the site.
. Eagle City Code Section 6-5-3 (B) requires that every parcel of land being improved by new
construction shall be connected to a public water system. The applicant has indicated that
both lots will be hooked up to the United Water Company water system located in Floating
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Feather Road. (as indicated within the development agreement).
. The applicant has applied to the Central District Health District to install a septic system for
the newly created lot; the existing house located upon the western lot currently utilizes an
existing septic system. The Eagle Sewer District indicates that the property has been master
planned to receive central sewer service via the main line that is to extend from the
intersection of Floating Feather Road and Park Lane. As of today, none of this infrastructure
exists. With this application creating two-acre lots and the main sewer line being over 3,400-
feet to the west of the site, staff is not recommending the applicant connect to sewer service
due to the size of the lots and the distance to the closest main sewer line.
STAFF RECOMMENDED FINDINGS:
. Rezone: With regard to Eagle City Code Section 8-7-S "Action by the Commission and
Council", and based upon the information provided to staff to date, staff believes that the
proposed rezone is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The requested zoning designation of R-E-DA (Residential Estates with development
agreement) is consistent with the Residential Estates designation as shown on the
Comprehensive Plan Land Use Map;
b. The information provided from the agencies having Jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve all uses allowed on this property under the proposed
zone;
c. The proposed R-E-DA zone (Residential Estates with a development agreement) is
compatible with the R-E (Residenl1al Estates) zone and land uses to the east because it
will be developed with lots of similar size;
d. The proposed R-E-DA (Residential Estates with a Development Agreement) is
compatible with the A-R (Agricultural-Residential) zone and land uses to the north,
south, and west since these lands have the same Comprehensive Plan designation as
this site, and are developed with lots of similar size.
e. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan; and
f. No non-conforming uses are expected to be created with this rezone because as stated
in the development agreement, the applicant will ensure all existing structures
(houses, garages, barns etc.) that will remain on the site comply with all the R-E
(Residential Estates) zoning district regulations.
. Combined Preliminary Plat/Final Plat: With regard to Eagle City Code 9-2-3 (D)(3)(a)
"Action by the Commission and Council", and based upon the information provided to
staff to date, staff believes that the proposed combined preliminary plat/final plat is in
accordance with the City of Eagle Code because:
I. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or Eagle City
Code Title 9, as shown within the findings provided within this document and the
proposed residential use is in accordance with the residential land use designation of
this area shown within the Comprehensive Plan;
2. The subdivision will be served adequately by essential public facilities such as streets,
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police and fire protection, schools, drainage structures, refuse disposal, water with
connection to the United Water system, and sewer by the utilization of septic systems;
or that the persons or agencies responsible for the establishment of the proposed use
shall be able to provide adequately any such services, as noted in the documentation
provided from said agencies and as required as a part of the conditions of approval;
3. That there are no known capital improvement programs for which this development
would prevent continuity;
4. That based upon agency verification and additional written comments of the Eagle
Fire District, and Ada County Highway District as conditioned herein, there is
adequate public financial capability to support the proposed development;
5. That any health, safety and environmental problems that were brought to the
Commission and Council's attention have been adequately addressed by the applicant
or will be conditions of approval as set forth within the conditions of approval herein.
Staff has reviewed the particular facts and circumstances of this proposed combmed preliminary and
final plat and, in terms of Eagle City Code Section 9-2-3(B) "I thru 5" (minimum criteria to
combine a preliminary and final plat), has made the following conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like.
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title of the City.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested rezone with
development agreement and the combined preliminary plat/final plat with the conditions provided
within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
June 19, 2006, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission from two individuals (not including the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION:
Regarding the Rezone: The Commission voted 5 to 0 to recommend approval of RZ-II-06 for a
rezone from RUT to R-E-DA with the conditions to be placed within a development agreement as
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shown within their findings of fact and conclusions of law document, dated July 5, 2006.
Regarding the Combined Preliminary Plat and Final Plat: The Commission voted 5 to 0 to
recommend approval of PP/FP-02-06 for a preliminary plat and final plat for Pumpkin Patch
Subdivision with the site specific conditions of approval and standard conditions of approval as
shown within their findings of fact and conclusions oflaw document, dated July 5, 2006.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 25,2006. Testimony
was taken, the public hearing was closed, and the Council continued the applications to the August
8, 2006, meeting to have the applicant further research sewer service options for the proposed
project. On August 8, 2006, the City Council made their decision.
B. Oral testimony in favor of this proposal was presented to the City Council from two (2) people
(other than the applicant/representative) who felt it was compatible with the surrounding
neighborhoods.
C. Oral testimony in opposition to this proposal was presented to the City Council by one (1)
individual who indicated the fear of being land locked and having limited access. The individual
also discussed the availability of sewer service at the intersection of Floating Feather Road and
Cove Colony Way.
COUNCIL DECISION:
Regarding the Rezone: The City Council voted 2 to I (Bastian against) to recommend approval of
RZ-I 1-06 for a rezone from RUT to R-E-DA with the following Planning and Zoning Commission
recommended conditions to be placed within a development agreement.
Regarding the Combined Preliminary Plat and Final Plat: The City Council voted 2 to I (Bastian
against) to recommend approval of PP/FP-02-06 for a preliminary plat and final plat for Pumpkin
Patch Subdivision with the following Planning and Zoning Commission recommended site
specific and standard conditions of approval (following the conditions to be placed within the
development agreement) with underline text to be added by the Council.
CONDITIONS TO BE PLACED IN A DEVELOMENT AGREEMENT:
2.1 The maximum overall density of the property shall not exceed .40 units per acre.
2.2 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.
2.3 The applicant shall obtain a license agreement from ACHD, to allow the nght-of-way between
this property and the edge of pavement along Floating Feather Road to be landscaped prior to
the City Clerk signing the final plat.
2.4 The two (2) lots shall have access through one common driveway. A cross-access agreement
shall be reviewed and approved by the City and then be recorded with the final plat.
2.5 The development shall comply with the Eagle City Code, as it exists in final form at the time a
design review application is made, including compliance with all of the conditions as provided
within this development agreement.
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2.6 Both lots within the proposed preliminary plat/final plat (subdivision) shall use and be
connected to the United Water system.
2.7 Construct a meandering, detached five foot (5') wide concrete sidewalk (meeting ADA
standards), no closer than forty-one feet (41 ') from the centerline of Floating Feather Road,
prior to the issuance of any occupancy permits for the site.
2.8 The developer shall]emove all structures from the site that are within the setbacks of the R-E
(Residential Estates) zoning district prior to the City Clerk signing the final plat. Demolition
permits shall be obtained prior to the removal of any said structures.
SITE SPECIFIC CONDITIONS OF APPROVAL:
L Comply with all requirements of the City Engineer's letters dated May 4, 2006 and June 5, 2006,
prior to the City Clerk signing the final plat.
2. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
3. The applicant shall demonstrate that the storm water from individual lots is handled by a storm
drainage facility or shall place a note on the final plat stating all storm water from the individual
lots is to be retained on the individual lots per Eagle City Code 9-4-1-10., prior to the City Clerk
signing the final plat.
4. All utility poles providing service to the existing structures on the site shall be removed, prior to
the issuance of any building permits for the site. All utility service lines serving existing structures
and the building lots shall be placed underground.
5. Revise the final plat designating a thirty-five-foot (35') wide landscape easement along the entire
frontage of Floating Feather Road and add a note indicating each property owner shall maintain
the easement on their property, prior to the City Clerk signing the final plat.
6. The applicant shall submit a design review application and landscape plan showing any fencing (if
proposed), trees, landscaping, berming, and planting details within the required thirty-five foot
(35') wide buffer area along Floating Feather abutting this site. The design and materials of the
buffer areas shall be compatible with the existing buffers areas found within the adjacent
Canterbury Subdivision to the east. The design review application shall be reviewed and approved
by the Design Review Board prior to the City Clerk signing the final plat.
7. Revise plat Note #7 to state the existing driveway to Lot 1 is to be vacated and removed upon the
certificate of occupancy for the residence on Lot 2 and/or prior to the issuance of a demolition
permit for the existing house, whichever comes first, prior to the City Clerk signing the final plat.
8. Eliminate plat note #8 prior to the City Clerk signing the final plat.
9. Provide a revised final plat showing a meandering detached (meeting ADA standards) five foot
(5') wide (minimum) concrete sidewalk along the entire frontage of Floating Feather Road which
shall be constructed no closer than forty one feet (41 ') from the centerline of Floating Feather
Road, prior to the City Clerk signing the final plat. The sidewalk shall be installed prior to the
issuance of any occupancy permits within the subdivision.
ro. Provide one (I) street light at the entrance to the common driveway. The street light shall
incorporate the principles of "Dark Sky Lighting" to negate the effects of light pollution. The
applicant shall submit the exact location and cut sheets showing the street light details for review
and approval by the Zoning Administrator prior to the City Clerk signing the final plat.
II. The applicant shall attach the updated Concept Plan, date stamped by the City of Eagle on June
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30, 2006, to the Development Agreement as Exhibit B prior to the City executing and signing the
Development Agreement.
12. Lots I and 2 of Pumpkin Patch Subdivision shall be sewered (septic tank and draintield) towards
Floating Feather Road. Sewer stubs shall meet minimum Idaho state plumbing requirements for
private sewer service with a minimum four-inch (4") line at 2% grade towards Floating Feather
Road. Said configuration mav necessitate placement of the septIc tank and dratt1tield wtthin the
front yard. In order to insure compliance with IDAPA 58.01.08.550.06.H related to separation of
water mains from subsurface drainage facilities. drainfields shall be located a minimum of twenty-
five feet (25 ') from the existing water main located in Floating Feather Road.
STANDARD CONDITIONS OF APPROVAL:
I. 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 r.c. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from
the Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-
8.4)
7. All homes being constructed with individual septic systems shall have the septic systems
placed on the street side of the home or shall have their sewer drainage system designed with a
stub at the house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the
water rights appurtenant to the lands in said subdivision which are within the irrigation entity
will be transferred from said lands by the owner thereof; or the subdivider shall provide for
underground title 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 certitying that all drainage shall be retatt1ed on-stte prior to the City Engineer signing
the final plat. A copy of the construction drawing(s) shall be submitted with the letter.
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10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to
the City Engineer signing the final plat. The plans shall show how swales, or drain piping,
will be developed in the drainage easements. The approved drainage system shall be
constructed, or a performance bond shall be submitted to the City Clerk, prior to the City
Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and
approved by the City Engineer and City Attorney, prior to the City Engineer signing the final
plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage
easement, and that no runoff shall cross any lot line onto another lot except within a drainage
easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, or other irrigation entity,
shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting,
covering or changing has first been approved in writing by the entity. A Registered Engineer
shall certify that any ditch rerouting, piping, covering or otherwise changing the existing
irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise
injure any person or persons using or interested in such ditch or their property; and (3)
satisfied the Idaho Standards for Public Works Construction. ^ 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. Street light plans shall be submitted and approved as to the location, height and wattage to the
City Engineer prior to the City Engineer signing the final plat. All construction shall comply
with the City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final
plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision
prior to signing of the final plat by the Eagle City Engineer.
13. The applicant shall 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.
14. 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 Ftre
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 for non-residential uses
(i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall 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.
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d. The proposed fire protection system shall be reviewed and approved by the Eagle
Fire Department prior to issuance of a building permit.
15. 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.
16. 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.
17. 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.
IS. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any
other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a
path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee
prior to approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the
Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to
approval of the final plat by the City Council.
20. 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".
21. 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.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. 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.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or
other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department
of Water Resources and/or any other agency having jurisdiction prior to the City Engineer
signing the final plat.
25. Basements in homes in the flood plain are prohibited.
26. 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
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City of Eagle Codes unless specifically approved by the Commission and/or Council.
27. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of
the site shall be submitted prior to the issuance of any building permits for the site.
34. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-
feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs
off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:30 PM, April 17, 2006 at Emmett Price and Sons Office
located at 1117 E. Plaza Drive (Unit F) in compliance with the application submittal requirement of
Eagle City Code. The rezone and combined preliminary/final plat applications for these items were
received by the City of Eagle on April 20, 2006.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
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ordinances on May 30, 2006. 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 25, 2006. The site was posted in accordance
with the Eagle City Code on June 6, 2006. Requests for agencies' reviews were transmitted on May 4,
2006 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on July 10, 2006
in the Valley Times. 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 6, 2006. The site was posted in accordance with the Eagle
City Code on July 12,2006.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-Il-06) with
regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the
information provided concludes that the proposed rezone is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of R-E-DA (Residential Estates with development
agreement) is consistent with the Residential Estates designation as shown on the
Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be
provided, to serve all uses allowed on this property under the proposed zone;
c. The proposed R-E-DA zone (Residential Estates with a development agreement) is compatible
with the R-E (Residential Estates) zone and land uses to the east because it will be developed
with lots of similar size;
d. The proposed R-E-DA (Residential Estates with a Development Agreement) is compatible
with the A-R (Agricultural-Residential) zone and land uses to the north, south, and west since
these lands have the same Comprehensive Plan designation as this site, and are developed with
lots of similar size.
e. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
f. No non-conforming uses are expected to be created with this rezone because as stated in the
development agreement, the applicant will ensure all existing structures (houses, garages,
barns etc.) that will remain on the site comply with all the R-E (Residential Estates) zoning
district regulations.
4. The Council reviewed the particular facts and circumstances of this proposed combined preliminary
plat and final plat (PP/FP-02-06) and based upon the information provided concludes that the proposed
combined preliminary plat and final plat application is in accordance with the City of Eagle Title 9
(Subdivisions) because:
a. The requested combined preliminary plat and final plat complies with the density of the approved
zoning designation ofR-E-DA (Residential Estates with a Development Agreement); and
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City
Code since the development is consistent with the Comprehensive Plan and will provide the
required improvements for a subdivision; and
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c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use will
not change the essential character of the same area; and
d. Will not create excessive additional requirements at public cost for facilities and services as the
two lots will be served by individual septic systems that must be approved by Central District
Health and will use water to be served from United Water of Idaho. Fire protection will be
available from the Eagle Fire District and fire hydrants will be provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference with traffic
on surrounding public thoroughfares since the project is reviewed and approved by the highway
district having jurisdiction and is subject to the conditions therein; and
f. This development is in continuity with the capital improvement program since the required public
improvements have been installed on site, or are expected to be installed wtth the development of
individua) lots as conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle Fire
Department and the Ada County Highway District, or as conditioned herein, there is adequate
public financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the Council's attention
have been adequately addressed by the applicant or will be conditions of final plat approval, along
with Central District Health Department approval regarding the use of septic systems within the
development is required, as set forth within the conditions of approval above.
DATED this 22nd day of August, 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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