Findings - CC - 2007 - A-06-07/RZ-08-07/PP-10-07 - Tabasco Trail Estates/14 Lot/11.80 Acre/3664&3665 Tabasco Trail Lane
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
AN ANNEXATION AND REZONE FROM RUT TO)
R-2-DA AND PRELIMINARY PLAT FOR )
TABASCO TRAIL ESTATES SUBDIVISION FOR )
TNT HOLDING AND LYNN PROCTOR )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-06-07/RZ-08-07 & PP-IO-07
The above-entitled annexation, rezone and preliminary plat application came before the Eagle City Council
for their decision on June 26, 2007. The 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:
TNT Holding and Lynn Proctor, represented by Trent Simpson, Todd Wilson and Lynn
Proctor, are requesting annexation and rezone from RUT (Rural Urban Transition Ada
County designation) to R-2-DA (Residential up to 1.1 units per acre maximum with a
development agreement), and preliminary plat approval for Tabasco Trail Estates, a 14-lot
(] I-new residential, 2-existing, ] -common) development. The 11.80-acre site is located on
the east side of Park Lane approximately '1.- mile south of Beacon Light Road at 3664 &
3665 Tabasco Trail Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at on site at 6:00 PM, Friday, March 9, 2007, in
compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on March 15,2007.
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,
ldaho Code and the Eagle City ordinances on April 16, 2007. 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 April 6, 2007. The site was posted in accordance with the Eagle City
Code on March 8, 2007. Requests for agencies' reviews were transmitted on April 20,
2007, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on June 4, 2007. 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 29, 2007. The site was
posted in accordance with the Eagle City Code on June 8, 2007.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
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E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two RUT (Rural Urban Transition-Ada Agriculture
County Designation)
Proposed No Change R-2-DA (Residential- up to 1.1 Residential Subdivision
units per acre maximum)
North ofsite Residential Two RUT (Rural Urban Transition-Ada Agricu Iture/Residential
County Designation)
South ofsite Residential Two R-2-DA (Residential-up to 2.0 units Residential -
per acre with a development Shaunessy development
agreement)
East of site Residential Two R-E (Residential Estate) Residential
West of site Residential Two RUT (Rural Urban Transition - Ada Residential
County designation)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site - 11.80-acres
Total Number of Lots - 14
New Residential - II
Existing Residential - 2
Common - I
Total Number of Units - 13
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1.1- dwelling units per acre l.1-units per acre (maximum)
Minimum Lot Size 21,300- square feet 17,000-square feet except for
transitional lots
Minimum Lot Width 97-feet 75-feet
Minimum Street Frontage 97-feet 35-feet
Total Acreage of Common Area 1.38-acres 1.16-acres (minimum)
(measured as total landscaping of
the entire site)
Percent of Site as Common Area 12.00% (approximately) 10% (minimum)
1. GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Eagle City Code, Section 8-2A-7(B)(2) requires landscaping to cover a minimum often
percent (10%) of the property. The development includes a berm and landscaped buffer
adjacent to Dry Creek Canal and is indicated on the preliminary plat as Lot I. The berm
and landscape buffer will tie into a 13,374-sqaure foot landscaped common area that will
be a part of eth proposed Dwayne Lingel (Adonai) and June Lockey Subdivisions to the
north of this project.
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&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code Section 9-3-6 requires unobstructed utility easements be provided along
front lot lines, rear lot lines, and side lot lines. Total easement width shall not be less than
twelve (l2')-feet wide.
Fire Hydrants and Water Mains:
The preliminary plat shows two (2) fire hydrants located within the project area. The first
hydrant is located approximately sixty-feet south of the proposed connection of Tabasco
Trail Estates and the Adonai Subdivision, on the east side of DeSoto Way. A second fire
hydrant is spaced 680-feet south of the first hydrant on the east side of DeSoto Way. The
hydrants should be installed and approved as required by the Eagle Fire District.
On-site Septic System (yes or no): No
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Pressurized Irrigation:
The City of Eagle currently requires the installation of pressurized irrigation systems for
the irrigation of landscaping when new development is within an irrigation district and
water rights are available. The narrative provided with the application indicates the
property has existing water rights from Farmers Union Ditch Company. The applicant is
proposing to work with the adjacent developers of the Dwayne Lingel (Adonai) and June
Lockey Subdivisions to establish a joint water association for providing the required
pressurized irrigation to the developments.
Preservation of Existing Natural Features:
Per Eagle City Code Section 9-3-8 (B) 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. Staff is not aware of any existing natural features on the site
which would require to be preserved.
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.
J. STREET DESIGN:
Public Streets:
DeSoto Way will be continued from park Place Subdivision to the south and connect to
the proposed Adonai Subdivision to the north. The street will be constructed to meet
ACHD standards of thirty-six (36')-feet in width, measured back-of-curb to back-of-curb.
Width of paved section shall be thirty-two (32')-feet.
Construct the internal street as a 36-foot street section with rolled curb, gutter and 8-foot
planter strips within 50-feet of right of way; and 5-foot detached concrete sidewalk
constructed on-site within an easement.
Blocks Less Than 500': None
Cul-de-sac Design: None
Sidewalks:
According to the preliminary plat date stamped by the City April 12, 7, 2007, five-foot
(5')-wide detached sidewalks with eight-foot (8') wide planting strips are proposed for
both sides of the proposed DeSoto Way.
Curbs and Gutters:
Per Eagle City Code, the project will be designed with rolled curb and gutter along both
sides ofthe interior road system. Six-inch (6") curb and gutters are proposed.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning
Administrator prior to the submittal of the final plat. Any modifications made to the lights
shall be completed before the final plat approval.
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Street Names:
Street name approval by the Ada County Street Name Committee has not been received to
date. Approval from that committee is required prior to final plat approval.
K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian WalkwayslBike Paths:
The preliminary plat, date stamped by the City, April 12,2007, shows a pathway system
beginning at the south west corner of the property located within a landscaped area
adjacent to the Dry Creek Canal. The pathway then runs to the north within the landscaped
berm which separates the proposed Tabasco Trail Estates Subdivision and Puffin Place on
the west side of the project. The pathway will terminate at the proposed landscaped
common area of the Adonai and Dwayne Lingel Subdivisions.
L. PUBLIC USES PROPOSED: None
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. A V AILABILlTY AND ADEQUACY OF UTIL TIES AND SERVICES:
O.
The Eagle Sewer District has been contacted to start the annexation process; the applicant
has not submitted an application to the sewer district at this time.
If the annexation is successful, sewer service would be provided by an eight-inch (8")-
PVC main line that is currently being constructed as part of the Shaunessy (AKA Park
Place Gardens) Subdivision. The connection will be at the north side of Dry Creek Canal
and continue north along DeSoto Lane to service the Tabasco Trail estates, Dwayne
Lingel (Adonai) and June Lockey Subdivisions.
The developer has met with United Water Company regarding the availability of water
service. United Water Company is requiring the developers of the Shaunessy (AKA Park
Place Gardens) Subdivision to provide an eight-inch (8") waterline pipe within the
proposed DeSoto Lane and terminate the pipe on the north side of Dry Creek Canal to
serve the project area. The Tabasco Trail Estates Subdivision will connect to this waterline
which is proposed to serve the development.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
Evidence of Erosion - no
fish Habitat - no
Floodplain - no
Mature Trees - yes; eXlstmg landscaped berm adjacent to Puffin Place Subdivision,
western boundary and along the northern property boundary between this proposed project
and the proposed Lockey Subdivision.
Riparian Vegetation - unknown
Steep Slopes - no
Stream/Creek: yes; Dry Creek Canal
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
P.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: N/A
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Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report and incorporated herein by reference. Comments, which appear to be of special
concern, are noted below:
City Engineer: All comments within the Engineer's letters dated March 23, 2007, are of
special concern (attached to the staff report and incorporated herein by reference).
ACHD
Eagle Fire Department
Department of Environmental Quality
Meridian School District
R. LETTERS FROM THE PUBLIC (attached to staff report and incorporated herein by reference):
Barbara Crowell provided a petition from property owners located in the general vicinity
of the development and correspondence date stamped by the City on May 14, 2007,
addressing what they believe are problems with the development and providing
recommended solutions. The correspondence also indicated that the neighborhood
meetings for the developments (Lockey, Tabasco Trail Estates, and Lingel (Adonai)
Subdivisions) were sporadic at best.
Craig Halls stated in correspondence date stamped by the City on May 17,2007, that he
has reviewed the concept maps for the Tabasco trail estates, June Lockey and Dwayne
Lingel (Adonai) Subdivisions and is in favor of the developments.
Greg Guyman stated in correspondence date stamped by the City on May 17,2007, that he
has reviewed the concept maps for the Tabasco Trail Estates, June Lockey and Dwayne
Lingel (Adonai) Subdivisions and is in favor of the developments.
Jane Klosterman and Melissa Ussery provided a signed petition date stamped by the City
on May 17, 2007, indicating they have reviewed the concept maps for the Tabasco Trail
Estates, June Lockey and Dwayne Lingel (Adonai) Subdivisions and are in support of the
developments.
S. COMMENTS FROM THE CITY FORESTER:
Comments from the City Forester are attached to staff report and are incorporated herein
by reference.
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 (adopted February 13,2007) designates this site
as Residential Two:
"Suitable primarily for single family residential development within areas that are rural in
character."
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B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. 8-2A-7; Landscape and Buffer Area Requirements:
C. Existing Vegetation
I. Retention of Existing Trees:
Existing trees shall be retained unless removal is approved in writing by the city. Where
trees are approved by the city to be removed from the project site (or from abutting right
of way) replacement with an acceptable species is required as follows:
Existing Tree
1 inch to 6 inches caliper
6 'I. inches to 12 inches
12 'I. inches or more
Replacement
2x caliper of tree removed
1.5 x caliper of tree removed
I x caliper of tree removed
In all cases, planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be
three (3) 4-inch caliper trees or four (4 3-inch caliper trees.
2. Damage During Construction:
Existing trees or shrubs that are retained shall be protected from damage to bark, branches
or roots during construction. Construction or excavation occurring within the drip line of
any public ort private retained tree or shrub may severely damage the tree or shrub. Any
severely damaged tree or shrub shall be replaced in accordance with subsection CI of this
section.
3. Grade Changes and Impervious Surfaces:
Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a
retained tree to equal to the diameter of the tree plus six feet (6'), or to the drip line,
whichever is furthest from the trunk.
4. Minimum Landscaping:
Existing vegetation which is to be retained may be used to satisfY the minimum required
landscaping.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: None
D. DISCUSSION:
· The Eagle Comprehensive Plan Land Use map designates this site as Residential Two (two (2) units
per acre, maximum). The proposed project includes 14 lots; eleven (I I) which are to be developed for
new single-family-detached dwellings. The existing residences are proposed to remain on two (2) of
the lots proposed for this development.
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. The applicant is requesting an R-2-DA (Residential, two units per acre maximum with a development
agreement) zoning designation with lots ranging in size from 21, 78 I-square feet to 52,669-square feet.
The proposed lot sizes comply with the I7,OOO-square foot minimum requirements for the R-2 zone.
Lots that may be identified as transitional will be planned accordingly and will therefore be larger than
the 17,000 square-foot minimum to be more compatible with adjacent properties. The subdivision
design complies with the technical requirements (or will pursuant to the conditions outlined herein) of
Eagle City Code.
. Per Eagle City Code, subdivisions within the R-2 zoning district are required to have a minimum often
percent (10%) of the gross area provided as open space. The proposed development includes 1.44
acres (12%) ofthe site as common open space including the buffer area and landscaped berm along the
western property line of the site. The applicant has indicated that the pathways through the buffer area,
landscaped berm and open space will connect to a 2.02-acre master planned park with shared access
between the proposed Duane Lingel (Adonai), June Lockey and Tabasco Trail Estates Subdivisions,
establishing more active open space for the residents of the Tabasco Trail Estates Subdivision.
Applications for the Adonai and June Lockey subdivisions have been submitted to the City; however,
no binding document has been submitted to the City to ensure this master planned park area will be
established.
. The City has received applications for the June Lockey and Duane Lingel (Adonai) subdivisions
proposed to be located to the north of the proposed Tabasco Trail Estates Subdivision. The applicants
of all three subdivisions have indicated that residents will share access to all proposed open space
within the three (3) subdivisions. Since the above mentioned subdivisions are proposed to be located
adjacent to each other and are proposing to share access and open space then the developers should
establish a common homeowner's association. A statement should be placed in the CC&R's and a note
should be placed on the final plat indicating that all shared open space will be maintained by a
common homeowners association, to be reviewed and approved by the City Attorney prior to approval
of the final plat for any of the three proposed subdivisions.
. The applicants for Tabasco Trail Estates, Adonai and June Lockey Subdivisions have verbally agreed
to share in irrigation resources and open space, to be provisioned as notes on the final plats and
conditions within a common set of CC&R's. However, in the event that the above stated agreement
does not occur or is not approved by the City then the Tabasco Trail Estates Subdivision should
provide a landscape plan showing how useable open space requirements will be attained either by
adding a pathway system connecting the existing open space to Park Lane to the west and Shaunessy
(Park Place Gardens) development to the south. The landscape plan should be reviewed and approved
by the Design Review Board prior to submittal of the final plat application.
. A pressurized irrigation system will be a combined system between this project (Tabasco Trail
Estates), June Lockey Subdivision, and Adonai Subdivision to create a common pressurized system. A
Joint Water Association will be formed by the three developments which will own and operate the
system. The Joint Water Association will hire an operator for maintenance and operation of the system.
A note should be placed on the final plat that the irrigation system will be maintained by the
homeowners association. A statement should also be placed in the CC&R's that one homeowners
association shall maintain, in perpetuity, the irrigation system. The CC&R's shall be reviewed and
approved by the City Attorney prior to the Clerk signing the final plat.
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. According to the pressurized irrigation analysis date stamped by the City on March 15,2007, the full
capacity of the irrigation system to service the site is dependent on the assumption that all residential
and common lot areas will be irrigated in an odd/even day pattern. The applicant should provide a
statement in the CC&R's that the homeowners association will be responsible for creating and
maintaining a use schedule for the irrigation system. The CC&R's shall be reviewed and approved by
the City Attorney prior to the submittal of the final plat application.
. The developer has met with United Water Company regarding the availability of water service. United
Water Company is requiring the developers of Shaunessy subdivision to provide an eight inch (8")-
waterline pipe within the proposed DeSoto Way and terminate the pipe on the north side of Dry Creek
Canal to serve the project area. Tabasco Trail Estates will connect to this waterline.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested annexation,
rezone with development agreement, and preliminary plat with conditions as provided within the
staff report for both the development agreement and the subdivision site specific conditions and
standard conditions of approval..
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on May 7,
2007. The Commission continued the item to May 21, 2007, 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 by one
(1) individual who was the original developer of Shaunessy (Park Place Gardens) south of this
development. The individual indicated that the proposed subdivision provides good transitioning of lot
sizes and that the development will provide sidewalks and pathways for residents to move through the
area safely.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by six (6) individuals who expressed the following concerns regarding the development:
1. Lack oftransitioning oflot sizes;
2. Lack of appropriate buffering from the adjacent properties;
3. Proposed density is inappropriate for the area;
4. Residents within subdivision will create additional traffic on adjacent roadways;
5. Pressurized irrigation and water rights have not been properly addressed;
6. Children from the development will be required to walk to school on Park Lane where
there are currently no sidewalks;
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COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 5 to 0 to recommend approval of A-06-07 and RZ-08-07 for annexation
and rezone from RUT to R-2-DA with the following staff recommended conditions be placed
within a development agreement.
2. I Applicant will develop the property subject to the conditions and limitations set forth in this
development agreement. Further, applicant will submit such applications regarding design review,
final plat and/or conditional use permits, if applicable, and any other applicable applications as
may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists
at the time such applications are made except as otherwise provided with this agreement.
2.2 The density for the property shall not exceed 1.1 units per acre.
2.3 The Concept Plan (Exhibit A) represents the Owners current concept for completion of the project.
As the Concept Plan evolves the City understands and agrees that certain changes in that concept
may occur or be required. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public hearing
shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be
required by the City.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend denial of PP- I 0-07 for a preliminary plat of Tabasco
Trail Estates Subdivision for TNT Holding and Lynn Proctor. A favorable recommendation could
be provided if the following concerns were addressed:
. Provide a revised preliminary plat showing a reduction of lots along the east and west
property boundaries providing larger lots and a more appropriate transition to the adjacent
properties.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on June 26, 2007, 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 proposal was presented to the City Council by six (6)
individuals. All six (6) individuals commented how the project flows along with other
developments in this area of Eagle. Three (3) of the six (6) individuals pointed out that not
only is the project compatible with other developments in the area but that the project also
complies with Eagle's Comprehensive Plan.
C. Oral testimony in opposition to this proposal was presented to the City Council by three
(3) individuals who expressed the following concerns regarding the development:
I. Lack of transitioning of lot sizes;
2. Lack of appropriate buffering from adjacent properties;
3. Proposed density is inappropriate for the area;
4. Residents within subdivision will create additional traffic on adjacent roadways;
5. Pressurized irrigation and water rights have not been properly addressed;
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COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE:
The Council voted 4 to 0 to approve A-06-07/RZ-08-07 for an annexation and rezone from RUT
to R-2-DA, with the following Planning and Zoning Commission recommended conditions to be
placed within a development agreement.
CONDITIONS TO BE PLACED IN A DEVELOPMENT AGREEMENT:
2.1 Applicant will develop the property subject to the conditions and limitations set forth in this
development agreement. Further, applicant will submit such applications regarding design review,
final plat and/or conditional use permits, if applicable, and any other applicable applications as
may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists
at the time such applications are made except as otherwise provided with this agreement.
2.2 The density for the property shall not exceed 1.1 units per acre.
2.3 The Concept Plan (Exhibit A) represents the Owners current concept for completion of the project.
As the Concept Plan evolves the City understands and agrees that certain changes in that concept
may occur or be required. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public hearing
shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be
required by the City.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP-IO-07 for a preliminary plat for Tabasco Trail Estates
Subdivision with the following staff recommended site specific and standard conditions of
approval with underline text to be added by the Council.
SITE SPECIFIC CONDIITONS OF APPROVAL:
I. Comply with all conditions within the development agreement for rezone application RZ-08-07.
2. Comply with all requirements of the City Engineer.
3. The maximum overall density of the property shall not exceed 1.1 units per acre.
4. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site, prior to approval of the final plat.
5. The applicant shall place a note on the final plat that states the irrigation system will be
maintained by a common homeowners association. A statement shall also be placed in the
CC&R's that one homeowners association shall maintain, in perpetuity, the irrigation system. The
CC&R's shall be reviewed and approved by the City Attorney prior to approval of the final plat.
6. The applicant shall provide a statement in the CC&R's that the common homeowners association
will be responsible for creating and maintaining a use schedule for the irrigation system. The
CC&R's shall be reviewed and approved by the City attorney prior to approval of the final plat.
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7. A statement shall be placed in the CC&R's and a note shall be placed on the final plat indicating
that the irrigation system and all shared common open space will be maintained by a common
homeowners association among the Tabasco Trail Estates, Adonai and June Lockey subdivisions.
The CC&R's will be reviewed and approved by the City attorney prior to approval of the final
plat for any of the three subdivisions.
8. In the event that the irrigation agreement does not occur between the Tabasco Trails Estates,
Adonai and June Lockey subdivisions, then the Tabasco Trail Estates subdivision shall be
required to submit a revised preliminary plat application indicating how irrigation system will be
serviced.
9. The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of
any construction on the site.
10. The developer shall provide 3-inch caliper shade-class trees (landscape plan to be reviewed and
approved by the Design Review Board) along both sides of the proposed DeSoto Way within
this development. Trees shall be placed at the front of each lot generally at each side property
line and drive aisles, or as approved by the Design Review Board. The trees shall be located in
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 installation of all
landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy
permits for the dwelling units. A temporary occupancy may be issued if weather does not permit
landscaping.
II. All living trees located on the site shall be preserved, unless otherwise determined by the City
Forester. A detailed landscape plan showing how the trees will be integrated into the open space
areas or private lots (unless approved for removal by the City Forester and the Design Review
Board) shall be provided for Design Review Board review and approval prior to the submittal of
the final plat. The applicant shall have an on-site meeting with the City Forester to survey all
existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant
to the City Forester's direction) to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
12. The applicant shall submit a design review application for a landscape plan showing perimeter
and common area landscaping, fencing, and planting details within the development for review
and approval by the Design Review Board prior to the submittal ofthe final plat application.
13. The applicant shall submit a design review application showing any proposed subdivision
signage, and a landscape plan showing fencing (if proposed), amenity structures such as shade
structures, pergolas, and gazebos (if proposed), benches, pathways, trees, landscaping, and
planting details within common open space areas, for review and approval by the Design Review
Board prior to the submittal of the final plat application. .
14. Construct Park Lane to one half of a 46-foot collector street section with vertical curb, gutter, and
5-foot detached concrete sidewalk, as continued from the Shaunessy (Park Place Gardens)
Subdivision to the south.
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15. The applicant shall coordinate the location of the vehicular bridge crossing over the Dry Creek
Canal with the developer of the Shaunessy (Park Place Gardens) Subdivision so that the streets in
both developments align prior to the submittal of the final plat application.
16. Provide a temporary turnaround at either terminus of DeSoto Way if the connection/extension to
the adjacent development is not made; and install signage stating "THIS ROAD WILL BE
EXTENDED IN THE FUTURE", until such time that a connection is made.
17. No vehicular access is allowed to Park Lane, and a notation of this access restriction shall be
shown on the final plat.
18. Army Corps of Engineers 404 permitting may be required. A copy of the final approval letter
shall be submitted to the City prior to submittal of the final plat application.
19. A copy of the construction site runoff control plan or storm water pollution prevention plan
(SWPPP) shall be submitted to the City prior to submittal of the final plat application. The EPA
requires that a Notice of Intent form be filed for projects greater than one (I )-acre. A copy of this
notice shall be provided to the City prior to submittal of the final plat application.
20. Existing wells and septic systems shall be abandoned as per rules and regulations set forth by the
governing agencies having jurisdiction.
2 I. Note I on the Preliminary Plat identifies that all storm water will be retained on site. The
applicant shall identii)' the location of the storm water disposal facilities on the preliminary plat
per Eagle City Code Section 9.2.3.(C)(3)(m). The applicant shall provide a revised preliminary
plat showing the location of storm water disposal facilities prior to submittal of the final plat
application.
22. The applicant shall provide wording in the CC&R's which define joint ownership and
maintenance of the pressure irrigation system. A plat note on the final plat shall also be shown to
reflect said ownership and maintenance. The applicant shall submit a copy of the CC&R's for
review and approval by the City Attorney prior to submittal of the final plat application.
23. The applicant shall submit a design review application with a landscape plan showing planting
details and screening details for an irrigation pump house or any type of irrigation facilities for
review and approval by the Design review Board prior to the submittal of a final plat. If proposed,
a pump house shall be located to comply with all required setbacks for the R-2 zoning district.
24. The entire Tabasco Trails Estates development shall remain under the control of one
Homeowner's Association, or approved subsets thereof.
25. The applicant shall place a note on the final plat that all common areas are to be owned and
maintained by the Tabasco Trails Estates Homeowner's Association. The applicant shall provide
a copy of the CC&R's (which include a similar statement regarding the common areas) for review
and approval by the City Attorney prior to the approval of the final plat. The CC&R's for the
Tabasco Trails Estates Subdivision 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
trees and shrubs, in accordance with Eagle City Code, in perpetuity.
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26. Provide a letter from the Farmers Union Ditch Company approving of any construction plans
involving the relocation or construction of irrigation facilities currently accessing the site and
under the purview ofthe Company, prior to submittal ofthe final plat application.
27. All existing structures (houses, bams, sheds, etc.) shall be removed from the site prior to the City
Clerk signing the final plat. Demolition permits shall be obtained prior to the removal of said
structures.
28. The applicant shall address excess irrigation water leaving the site within a revised pressurized
irrigation plan to address the concerns of the residents of Puffin Park Subdivision. A revised
irrigation plan shall be submitted at the time of application for final plat approval.
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.
1. 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.
2. 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.
3. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and 1.C. 39-118).
4. 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.
5. 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)
6. 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.
7. 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.
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8. 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 ofthe construction drawing(s) shall be submitted with the letter.
9. 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.
10. 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
(I) 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.
101. 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.
112. 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.
123. 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.
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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.
134. 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.
145. 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.
156. 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.
167. 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.
178. 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.
189. 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".
20. 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.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
191. 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.
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202. 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 CiIy Engineer signing the final
plat.
213. Basements in homes in the flood plain are prohibited.
224. 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.
25. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
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33. 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:
I. The annexation and rezone applications for this item were received by the City of Eagle on March
15, 2007. The preliminary plat application for this item was received by the City of Eagle on
March 15,2007.
2. A Neighborhood Meeting was held at 6:00 PM, Friday, March 9, 2007, at the site in compliance
with the application submittal requirement of Eagle City Code. The applications for Annexation
and Rezone were received by the City of Eagle on March 15, 2007. The application for
Preliminary Plat was received by the City of Eagle on March 15,2007.
3. 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 ordinances on April 16, 2007. 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 April 6, 2007. The site was posted in
accordance with the Eagle City Code on April 20, 2007. Requests for agencies' reviews were
transmitted on March 14,2007, in accordance with the requirements of the Eagle City Code.
4. The City Council reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-06-07/RZ-08-07) 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
preliminary plat application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the approved zoning designation of R-2-DA (1.1
dwelling units per acre maximum) is consistent with the Residential Two designation as
shown on the Comprehensive Plan land Use Map; and
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; and
c. The proposed R-2-DA (Residential up to 1.1 units per acre maximum with a development
agreement) zone is compatible with the RUT (Rural Urban Transition - Ada County
designation) zone and land uses to the north and south since these areas are designated
Residential Two in the Comprehensive Plan and are either proposed to be developed in the
same manner (June Lockey, Dwayne Lingel (Adonai), Shaunessy (Park Place Gardens)) or
could be developed in the same manner sometime in the future; and
d. Then proposed R-2-DA (Residential up to 1.1 units per acre maximum with a development
agreement) is compatible with the R-E (residential estate - up to one unit per two acres) zone
and RI (Residential - Ada County designation) zone and land uses to the east and west since
these areas are designated Residential Two in the Comprehensive Plan and are either proposed
to be developed in the same manner or could be developed in the same manner sometime in
the future; 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 required to be reviewed and
approved by Ada County Highway District and is subject to the conditions herein; and
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f. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan.
g. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of the
preliminary plat and subsequent final plat approval as set forth within the conditions of
approval herein.
5. The City Council reviewed the particular facts and circumstances of the preliminary plat (PP- I 0-
07) and based upon the information provided concludes that the preliminary plat is not in
accordance with the general objectives or with any specific objective of the Comprehensive Plan
since the proposed layout of the subdivision did not show a transition of lot size from the
adjacent properties.
DATED this 10th day of July, 2007
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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-Sharon K. Bergmann, Eagle City CI k
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