Findings - CC - 2008 - RZ-01-08/PP/FP-01-08 - Dry Creek Estates Subd/2 Lot/4.77 Acre/2641 N Edgewood Rd
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A REZONE FROM A-R (AGRICULTURAL - )
RESIDENTIAL) TO R-E-DA (RESIDENTIAL - )
ESTATES WITH A DEVELOPMENT AGREEMENT) )
AND COMBINED PRELIMINARY PLATIFINAL )
PLAT FOR DRY CREEK ESTATES SUBDIVISION )
FOR MARK AND DEBORAH W ALD )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-OI-08 & PPIFP-OI-08
The above-entitled Rezone with a development agreement, and Combined Preliminary Plat/Final Plat
applications came before the Eagle City Council for their action on April 22, 2008, at which time public
testimony was taken and the public hearing was closed. 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:
Mark A. and Deborah 1. Wald, represented by Larry Koerner with ALS Land Surveying
& Civil Engineering, are requesting a rezone from A-R (Agricultural-Residential) to R-E-
DA (Residential-Estates with a development agreement) and a combined preliminary plat
and final plat approval for Dry Creek Estates Subdivision a two (2) lot residential
subdivision (a re-subdivision of Lot 2, Block 3, of Rocket Bar Subdivision). The 4.77-acre
site is located on the west side of North Edgewood Road approximately 500-feet south of
Beacon Light Road at 2641 North Edgewood Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 10:00 AM, March 31, 2007. Since six
months had lapsed from the time ofthe Neighborhood Meeting to the time of application
submittal a second Neighborhood Meeting was held on-site at 10:00 AM, December 15,
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 January 24,2008.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in the Idaho Statesman in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and the Eagle City Code on March 1, 2008. Notice of
Public Hearing on the application for the Eagle Planning and Zoning Commission was
also published in the Valley Times on March 3, 2008. 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 January 30, 2008. Requests for agencies' reviews were transmitted on January
31,2008, in accordance with the requirements of the Eagle City Code. The site was posted
in accordance with the Eagle City Code on March 4, 2008.
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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 March 31, 2008. 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 2, 2008.
The site was posted in accordance with the Eagle City Code on April 12, 2008.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 26, 1972, the Ada County Commissioners approved a final plat for Rocket Bar
Subdivision.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
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:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Estates (up to A-R (Agricultural- One (1) single-family home
one dwelling unit per two Residential) and two (2) accessory
acres) structures
Proposed No Change R-E-DA (Residential-Estates Residential subdivision
with a development consisting of two (2) lots
agreement)
North of site Residential Estates (up to A-R (Agricultural- One (1) single-family home
one dwelling unit per two Residential) and accessory structures
acres) (Lot 1, Block 3, Rocket Bar
Subdivision)
South of site Residential Estates (up to A-R (Agricultural- One (1) single-family home
one dwelling unit per two Residential) and accessory structures
acres) (Lot 3, Block 3, Rocket Bar
Subdivision)
East of site Residential Estates (up to A-R (Agricultural- One (1) single-family home
one dwelling unit per two Residential) and accessory structures
acres) (Lots 1&2, Block 2, Rocket
Bar Subdivision)
West of site Residential Estates (up to R-E-DA (Residential-Estates Proposed residential
one dwelling unit per two with a development subdivision (Vizcaya
acres) agreement) Subdivision)
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
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I. SITE DATA:
Total Acreage of Site - 4.77 acres
Total Number of Lots - 2
Residential - 2
Commercial - 0
Industrial- 0
Common - 0
Total Number of Units -
Single-family - 2
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - none
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 0.42-units per acre One (1) unit per two (2) acres
maximum
Minimum Lot Size 2.07-acres 1.8-acres
Minimum Lot Width 182.77-feet 1 00- feet
Minimum Street Frontage 182.77-feet 35-feet
Total Acreage of Common Area O-acres O-acres (minimum)
Percent of Site as Common Area N/A N/A
J. GENERAL SITE DESIGN FEATURES:
Open Space:
Because this subdivision is proposed to be 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 that twelve foot (12') wide utility easements shall
be provided along all exterior boundaries of the subdivision.
Fire Hydrants and Water Mains:
The preliminary plat date stamped by the City on January 24, 2008, does not show any fire
hydrants.
On-site Septic System (yes or no) - yes
The existing house is currently served by an on-site septic system. If a dwelling were
constructed on the proposed new lot it would be served by a separate on-site septic system.
(See Item "0" on page 4 for additional information)
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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 should be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
K. STREET DESIGN:
Public Streets:
The proposed two (2) lot subdivision is fronted by North Edgewood Road and does not
contain any internal streets.
Blocks Less Than 500': None
Cul-de-sac Design: No cul-de-sacs are proposed
Sidewalks:
North Edgewood Road abutting this parcel is currently not improved with any curb, gutter
or sidewalk. A sidewalk is not proposed within the subdivision.
Curbs and Gutters:
No curbs and gutters are proposed adjacent to North Edgewood Road.
Street Names: There are no new streets proposed with this development.
1. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways: None proposed
Bike Paths: None proposed
M. PUBLIC USES PROPOSED: None
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Correspondence was provided from Eagle Fire Department requiring all homes to be
sprinkled. Central sewer and water are not readily available to the Rocket Bar Subdivision.
Christina Nemec, P.E. from ALS Land Surveying and Civil Engineering met on site with
a representative from Central District Health Department to determine the suitability of the
soils for the use of a septic and drainfield. It was determined that groundwater monitoring
be conducted to determine if a standard septic and drain field would be acceptable or
whether an extended treatment package would be required. In either case, the site is
suitable to be serviced by a septic and drainfield system. ALS also investigated the
possibility of sewering the site utilizing a newly installed gravity system installed on the
property to the west (Vizcaya Subdivision). After meeting with Eagle Sewer District, ALS
determined that Dry Creek Estates could not be serviced by gravity sewer. The
development will be provided potable water by individual wells.
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P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - No
Evidence of Erosion - No
Fish Habitat - No
Floodplain - No
Mature Trees - Yes - adjacent to the existing residential dwelling
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - No
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required
R. 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 February 26, 2008, and
March 5, 2008, are of special concern (attached to the staff report).
Ada County Highway District - No Site Specific Requirements
Eagle Fire Department - Requiring all residential dwellings to be equipped with a
sprinkler system
Eagle Sewer District - Addressing the location of sewer lines in the area
S. LETTERS FROM THE PUBLIC: None received to date.
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 within areas on acreages that may
be in transition from agricultural to residential use or may combine small scale agricultural
uses with residential uses. Maximum density of up to one (1) unit per two (2) acres.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-1-2 defines Nonconforming Use as:
A building, structure or use of land existing at the time of enactment of this title, and which
does not conform to the regulations of the district in which it is situated.
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. Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Regulations:
Official Height and Area Regulations
Zoning Maximum UU Interior Street Maximum Minimum Lot Area Minimum
District Height Side Side Lot Covered (Acres Or Sq. Ft.) G Lot
And H* Width 1*
IR-E 1135' 1~~120' 1135' 1120% III .8 acres 11100' 1
. Eagle City Code Section 8-3-5: Unique Land Uses:
Certain unique land uses pose special problems that may have detrimental influences on
surrounding land uses. The following performance standards for such unique land uses
shall be adhered to in addition to all other provisions of this title:
A. Accessory Building:
I. Will not be located in any required front or street side yard area;
2. Accessory buildings less than one hundred twenty (120) square feet in area and less
than seven feet (7') in height are permitted in any rear or interior side yard area; and
3. Accessory buildings one hundred twenty (120) square feet in area or larger shall
comply with the minimum setbacks as required in section 8-2-4 of this title and shall be
limited to a maximum height of twenty five feet (25').
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 9-3-1 Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions,
improvements and facilities done, constructed or made in accordance with said provisions
shall comply with the minimum design standards set forth in this chapter; provided,
however, that any higher standards adopted by any highway district, the Idaho
transportation department or health agency shall prevail over those set forth herein.
. 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
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 9-3-5 (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)(B) Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines. Total easement width shall not be less than twelve feet (12'), except that
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lesser easement widths, to coincide with respective setbacks, may be considered as
part of the planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that
lesser easement widths, to coincide with respective setbacks, may be considered as
part of the planned unit development.
. Eagle City Code Section 9-3-8 (B) Natural Features:
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.
. Eagle City Code Section 9-4-1-6 (F) Sidewalk Design:
6. In zoning districts which prohibit densities greater than one dwelling unit per two (2)
acres and at the council's discretion, a four foot (4') wide striped path (with
pedestrian designation markings such as diamonds or pedestrianlbicycle symbols) on
both edges of all internal roadways may be permitted in lieu of constructing
sidewalks. Trees shall be placed within five feet (5') of the edge of roadway.
. Eagle City Code Section 9-4-1-8 Underground Utilities:
Underground utilities are required.
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 combined
preliminary/final plat approval for Dry Creek Estates Subdivision. The applicant proposes to
subdivide the 4.77-acre site into two (2) lots, with lot sizes no less than 2.07-acres each. With
this proposed subdivision, staff believes 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 maximum overall density of the
project will not exceed .42-units per acre.
. Staff has reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat and, in terms of Eagle City Code Section 9-2-3(B) "1 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.
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. The existing residential dwelling unit located on this site does not meet the required front yard
setback for the R-E (Residential-Estates) zoning district, which is fifty feet (50'). The front
setback of the dwelling unit is forty-three feet (43 '). Staff defers comment to the Commission
and Council with regard to requiring the dwelling unit to be relocated to meet the fifty foot
(50') front yard setback. If the Commission and Council allow the dwelling unit to remain in
its current location, condition 3.4 of the development agreement should be deleted.
. The existing accessory structure located approximately twelve feet (12') north of the southern
boundary line does not meet the required side yard setback for the R-E (Residential-Estates)
zoning district, which is twenty feet (20'). Staff defers comment to the Commission and
Council with regard to requiring the accessory structure to be relocated to meet the twenty foot
(20') side yard setback. Ifthe Commission and Council allow the accessory structure to remain
in its current location, condition 3.5 of the development agreement should be deleted.
. Plat note No.3 of the combined preliminary/final plat date stamped by the City on January 24,
2008, describes a six foot (6') wide drainage, irrigation, and public utilities easement
designated along the exterior boundary of the subdivision unless dimensioned otherwise.
Pursuant to Eagle City Code, the total easement width is not to be less than twelve feet (12').
The applicant should provide the final plat showing an easement width of twelve feet (12')
adjacent to the exterior boundary of the subdivision prior to the City Clerk signing the final
plat.
Pursuant to Eagle City Code new subdivisions containing more than four (4) lots shall be
provided with a pressurized irrigation system and that a pressurized irrigation plan shall be
provided to the City for review by the City Engineer. Although the combined
preliminary/final plat date stamped by the City on January 24, 2008, shows only two (2) lots,
due to the size of the lots the applicant should provide documentation showing the existing
water right for the entire property, how the water right will be transferred and divided between
the two lots, and an irrigation plan showing how irrigation will be provided to each lot for
review and approval by the City Engineer prior to the City Clerk signing the final plat.
STAFF RECOMMENDED FINDINGS PROVIDED WITHIN THE STAFF REPORT:
. Rezone: With regard to Eagle City Code Section 8-7-5 "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 a development
agreement) is consistent with the land use 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 are not in
proximity to this location, nor expected to be provided, to serve single-family dwelling
units on this property under the proposed zone and therefore, the site will be served by
individual wells and septic systems;
c. The proposed R-E-DA (Residential-Estates with a development agreement) zone is
compatible with the A-R (Agricultural-Residential) land use to the north since that
area has a similar Comprehensive Plan land use designation and could be developed
in a similar manner as this development, and;
d. The proposed R-E-DA (Residential-Estates with a development agreement) zone is
compatible with the A-R (Agricultural-Residential) land use to the south since that
area has a similar Comprehensive Plan land use designation and could be developedr
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in a similar manner as this development, and;
e. The proposed R-E-DA (Residential-Estates with a development agreement) is
compatible with the R-E-DA (Residential-Estates with a development agreement) land
use to the west since that area is being developed as a residential subdivision (Vizcaya
Subdivision) with lots of similar size, and;
f. The proposed R-E-DA (Residential-Estates with a development agreement) zone is
compatible with the A-R (Agricultural-Residential) land use to the east since that area
has a similar Comprehensive Plan designation and could be developed in a similar
manner as this development, and;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special
Area" as described within the Comprehensive Plan; and
h. As stated in the Development Agreement, the applicant is required to remove or
relocate the existing structures located within the required setbacks on the site.
Therefore, no non-conforming uses are expected to be created with this rezone.
. Combined Preliminary PlatlFinal 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 preliminary plat is in accordance with the City of Eagle Code
because:
1. 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 since the
proposed residential use is in accordance with the Residential-Estates land use
designation as shown within the Comprehensive Plan;
2. The subdivision will be served adequately by essential public facilities such as streets,
police, schools, drainage structures, refuse disposal, water served by individual wells,
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 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 RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Rezone from A-
R (Agricultural-Residential) to R-E-DA (Residential-Estates with a development agreement) and
Combined Preliminary PlatlFinal Plat with conditions as 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 March
17, 2008, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
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B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (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 3 to 0 (2 vacant seats) to recommend approval of RZ-OI-08 for a rezone
from A-R (Agricultural-Residential) to R-E-DA (Residential-Estates with development agreement)
with conditions of approval to be placed in a development agreement as provided within their
findings off act and conclusions oflaw document, dated April 7, 2008.
COMMISSIONS DECISION REGARDING THE COMBINED PRELIMINARY PLAT/FINAL
PLAT:
The Commission voted 3 to 0 (2 vacant seats) to recommend approval of PP/FP-OI-08 for a
combined preliminary plat/final plat for Dry Creek Estates Subdivision with the site specific
conditions of approval and standard conditions of approval provided within their findings of fact
and conclusions of law document, dated April 7, 2008.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on April 22, 2008, 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 this proposal was presented to the City Council from no one (other than the
applicant/representative ).
C. Oral testimony in opposition to this proposal was presented by no one.
COUNCIL DECISION REGARDING THE REZONE:
The Council voted 4 to 0 to approve RZ-OI-08 for a rezone from A-R (Agricultural-Residential) to
R-E-DA (Residential-Estates with a development agreement), with the following Planning and
Zoning Commission recommended conditions to be placed within a development agreement:
3.1 The owner shall submit a Design Review application for the site (as required by the Eagle City
Code), and shall comply with all conditions required by Eagle as a part of the Design Review
prior to issuance of a certificate of occupancy.
3.2 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 or be required. If the City determines that any such changes require
additional public comment due to potential impacts on surrounding property or the
community, a public hearing shall be held on any proposed changes in the Concept Plan and
notice shall be provided as may be required by the City.
3.3 The residential dwelling unit located at 2641 N. Edgewood Road shall be allowed to remain at
its current location. The front yard setback for the dwelling located at 2641 N. Edgewood
Road is forty three feet (43 '). Should the dwelling be replaced the new dwelling shall meet the
setback requirements for the R-E (Residential-Estates-up to one unit per two acres) zone.
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3.4 The accessory structure adjacent to the southern property line shall be allowed to remain at its
current location. The side yard setback for the accessory structure located adjacent to the
southern boundary line at 2641 N. Edgewood Road is twelve feet (12'). Should the accessory
structure be removed or replaced, a new accessory structure shall meet the setback
requirements for the R-E (Residential Estates-up to one unit per two acres) zone.
COUNCIL DECISION REGARDING THE COMBINED PRELIMINARY PLAT/FINAL PLAT:
The Council voted 4 to 0 to approve PP/FP-O 1-07 for a combined preliminary plat/final plat for
Dry Creek Estates Subdivision for Mark and Deborah Wald, with the following Planning and
Zoning Commission recommended site specific conditions of approval and standard conditions of
approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-O 1-08.
2. Comply with any requirements ofthe City Engineer.
3. . Provide documentation showing the existing water right for the' entire property, how the water right
will be transferred and divided between the two lots, and an irrigation plan showing how irrigation
will be provided to each lot for review and approval by the City Engineer prior to the City Clerk
signing the final plat.
4. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along the street abutting this development. Trees shall be
placed at the front of each lot generally at each side property line, or as approved by the Design
Review Board. Prior to the City Clerk signing the final plat the applicant shall either install the
required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the
installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining
any occupancy permits for any new home. A temporary occupancy may be issued if weather does not
permit landscaping.
5. All living trees that do not encroach upon the buildable area on any lot 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 approval prior to the City
Clerk signing at 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.
6. The Dry Creek Estates Subdivision shall remain under the control of one Homeowners Association.
7. The installation of a fire protection sprinkler system is required for all new dwelling units within Dry
Creek Estates Subdivision. The system shall be installed prior to the issuance of a Certificate of
Occupancy for the dwelling.
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.
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2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
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Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. 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 Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
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.
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18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
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 City of
Eagle Codes unless specifically approved by the Commission and/or Council.
27. 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.
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.
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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 on-site at 10:00 AM, March 31, 2007. Since six months had lapsed
from the time of the Neighborhood Meeting to the time of application submittal a second
Neighborhood Meeting was held on-site at 10:00 AM, December 15, 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 January 24,2008.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in the Idaho Statesman in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City Code on March I, 2008. Notice of Public Hearing on the application for the
Eagle Planning and Zoning Commission was also published in the Valley Times on March 3, 2008.
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 January 30,2008. Requests for agencies' reviews were transmitted on January 31,2008,
in accordance with the requirements of the Eagle City Code. The site was posted in accordance with
the Eagle City Code on March 4,2008.
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 March 31, 2008. 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 2, 2008. The site was posted in accordance with the Eagle City Code on April 12, 2008.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-OI-08) 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 a development
agreement) is consistent with the land use designation as shown on the Comprehensive Plan
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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 are not in proximity to this location,
nor expected to be provided, to serve single-family dwelling units on this property under the
proposed zone and therefore, the site will be served by individual wells and septic systems;
c. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the A-R (Agricultural-Residential) zone and land use to the north since that area has a
similar Comprehensive Plan land use designation and could be developed in a similar manner
as this development, and;
d. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the A-R (Agricultural-Residential) zone and land use to the south since that area has a
similar Comprehensive Plan land use designation and could be developed in a similar manner
as this development, and;
e. The proposed R-E-DA (Residential-Estates with a development agreement) is compatible with
the R-E-DA (Residential-Estates with a development agreement) zone and land use to the west
since that area is being developed as a residential subdivision (Vizcaya Subdivision) with
building lots of similar size, and;
f. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the A-R (Agricultural-Residential) zone and land use to the east since that area .has a
similar Comprehensive Plan lane use designation and could be developed in a similar manner
as this development, and;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h. As stated in the Development Agreement, the front setback for the existing dwelling and the
side setback for the accessory structure adjacent to the southern property line are recognized
where they are currently located and will be permitted to remain until such time they are
replaced. Therefore, no non-conforming uses are expected to be created with this rezone.
4. The Council reviewed the particular facts and circumstances of this proposed combined preliminary
plat/final plat (PP/FP-O 1-08) 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:
1. 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 since the proposed residential use is
in accordance with the Residential-Estates land use designation as shown within the
Comprehensive Plan;
2. The subdivision will be served adequately by essential public facilities such as streets, police,
schools, drainage structures, refuse disposal, water served by individual wells, 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 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.
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DATED this 13th day of May, 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
daho
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